06/15/2015Monday, June 15, 2015
1:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
Council Work Session
Work Session Agenda
June 15, 2015Council Work Session Work Session Agenda
1. Call to Order
2. Presentations
Service Awards2.1
APWA FL Chapter - Public Works Project of the Year2.2
3. Human Resources
Amend the Clearwater Code of Ordinances, Chapter 2, Article V,
Division 3, to correct Section 2.412 and pass Ordinance 8747-15 on first
reading.
3.1
Approve the Request for Proposal process selecting Cigna Onsite as
the new on-site manager for the City of Clearwater Employee Health
Center and authorize staff to negotiate a contract with same. (consent)
3.2
4. Parks and Recreation
Approve a License and Use Agreement between the City of Clearwater
(Licensor) and Clearmar, LLC (Licensee) for the construction of a sand
ramp and improvements at the southern most part of Clearwater Beach,
just west of parking lot 23 and adjacent to and north of Licensee's
property, and authorize the appropriate officials to execute same.
(consent)
4.1
5. Police Department
Approve submission of Department of Justice, Bureau of Justice
Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant
application in the amount of $49,118, for purchase of Taser units.
(consent)
5.1
6. Engineering
Approve the Third Amendment to Business Lease Contract between the
City of Clearwater and Clearwater Marine Aquarium, Inc. for the lease of
city-owned property, known as the Harborview Building, located at 320
Cleveland Street; and authorize the appropriate officials to execute
same. (consent)
6.1
7. Planning
Page 2 City of Clearwater Printed on 6/11/2015
June 15, 2015Council Work Session Work Session Agenda
Approve the annexation, initial Future Land Use Map designation of
Residential Low (RL) and initial Zoning Atlas designation of Low Medium
Density Residential (LMDR) District for 1766 Owen Drive; and pass
Ordinances 8716-15, 8717-15 and 8718-15 on first reading.
(ANX2015-04009)
7.1
Approve the annexation, initial Future Land Use Map designation of
Residential Low (RL) and initial Zoning Atlas designation of Low Medium
Density Residential (LMDR) District for 2143 Burnice Drive; and pass
Ordinances 8719-15, 8720-15 and 8721-15 on first reading.
(ANX2015-04010)
7.2
Approve the annexation, initial Future Land Use Map designation of
Residential Low (RL) and initial Zoning Atlas designation of Low Medium
Density Residential (LMDR) District for 1807 Skyland Drive; and pass
Ordinances 8722-15, 8723-15 and 8724-15 on first reading.
(ANX2015-04011)
7.3
Approve the annexation, initial Future Land Use Map designation of
Residential Urban (RU) and initial Zoning Atlas designation of Low
Medium Density Residential (LMDR) District for 2058 Poinsetta Avenue;
together with certain rights-of-way of Poinsetta Avenue and Arbelia
Street; and pass Ordinances 8725-15, 8726-15 and 8727-15 on first
reading. (ANX2015-04012)
7.4
Approve an amendment to the Clearwater Community Development
Code imposing a 12-month moratorium for the proposed Regional
Center and Neighborhood Center subdistricts of the US 19 Corridor
Zoning District and pass Ordinance 8730-15 on first reading.
(TA2015-05002)
7.5
Approve amendments to the Clearwater Community Development Code
modifying the means of conveyance for public notice on development
applications; and pass Ordinance 8746-15 on first reading.
(TA2015-05003)
7.6
8. City Auditor
Appoint a five-member City Audit Committee, comprising a
Councilmember, a Citizen, and three City Staff, for a five-year term
expiring June 12, 2020, pursuant to Section 218.391 Florida Statutes.
8.1
9. Public Utilities
Approve a contract (blanket purchase order) to HD Supply, of Tampa,
FL in the annual amount of $250,000, for the purchase of MRO Supplies
and Related Services as needed, for a one-year period, with two annual
renewal terms, and authorize the appropriate officials to execute same.
(consent)
9.1
Page 3 City of Clearwater Printed on 6/11/2015
June 15, 2015Council Work Session Work Session Agenda
Approve two contract (blanket purchase order) renewal terms to NALCO
Chemicals, Inc., of Naperville, IL, in the annual amount of $150,000, for
Antiscalant, and authorize the appropriate officials to execute same.
(consent)
9.2
10. Solid Waste
Approve a Contract (Blanket Purchase Order) to Fleet Products of
Tampa, FL in the amount of $220,000 for purchasing replacement
automotive and truck parts used by all city departments during the
contract period June 18, 2015 through May 31, 2016, in accordance
with Sec. 2.564(1)(d), Code of Ordinances, Hillsborough County Public
Schools ITB 13136-DST and authorize the appropriate officials to
execute same. (consent)
10.1
11. Legal
Adopt Ordinance 8715-15 on third reading, amending the Community
Development Code regarding numerous provisions.
11.1
Adopt Ordinance 8744-15 on second reading, amending the Capital
Improvement Budget for the fiscal year ending September 30, 2015 to
reflect a net increase of $2,614.010.
11.2
Adopt Ordinance 8743-15 on second reading, amending the operating
budget for the fiscal year ending September 30, 2015 to reflect
increases and decreases in revenues and expenditures for the General
Fund, Special Development Fund, Special Program Fund, Solid Waste
and Recycling Fund, Gas Fund, and Parking Fund.
11.3
12. City Manager Verbal Reports
13. City Attorney Verbal Reports
14. Council Discussion Item
Transportation Sub Committee Meeting Request - Councilmember
Jonson
14.1
15. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
16. Closing Comments by Mayor
17. Adjourn
Page 4 City of Clearwater Printed on 6/11/2015
June 15, 2015Council Work Session Work Session Agenda
18. Presentation(s) for Council Meeting
Symposium Recap - Mike Meidel, Pinellas County Economic
Development Director
18.1
Clearwater Leadership Academy Student Recognition18.2
Progress Report on Tampa International Airport - Joe Lopano, Airport
CEO
18.3
Page 5 City of Clearwater Printed on 6/11/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1317
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Work Session
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Service Awards
SUMMARY:
10 Years of Service
John Schmidt Police
Tara Kivett Engineering
Cathy Tefft Engineering
Robert Tefft Planning and Development
15 Years of Service
Vince Kirkland Public Utilities
Alfred Basore Parks and Recreation
Daniel Luna Gas
20 Years of Service
Howard McChesney Information Technology
Mark Beery Solid Waste
25 Years of Service
Paul Estes Engineering/Stormwater
Jeffrey Borden Public Utilities
Matthew Bishop Public Utilities
Page 1 City of Clearwater Printed on 6/11/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1395
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Work Session
Agenda Number: 2.2
SUBJECT/RECOMMENDATION:
APWA FL Chapter - Public Works Project of the Year
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 6/11/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8747-15
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Human Resources
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Amend the Clearwater Code of Ordinances, Chapter 2, Article V, Division 3, to correct Section
2.412 and pass Ordinance 8747-15 on first reading.
SUMMARY:
The recent adoption of Ordinance 8607-14 amended the Employee Pension Plan, Chapter 2,
Article V, Division 3, Section 2.412 of the Clearwater Code of Ordinances to comply with IRS
Regulations. Section 2.412 was part of the amended language that was included in the
pension plan changes approved at referendum and made effective January 1, 2013.
When the change required by Ordinance 8607-14 was entered in Muni-code, it replaced
Section 2.412 with the former language in effect prior to the referendum. (Section 2.393).
This ordinance will correct that error by entering the correct language contained in the current
Pension Ordinance and will include an additional subsection, restated from Section 2.392,
2a-d, for the definition of compensation as required by IRS Regulations.
Page 1 City of Clearwater Printed on 6/11/2015
ORDINANCE NO. 8607-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE PROVISIONS OF
CHAPTER 2, ARTICLE V., DIVISION 3., OF THE CITY
OF CLEARWATER CODE OF ORDINANCES TO
COMPLY WITH SECTION 401(a)(31)(B) OF THE
INTERNAL REVENUE CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City is authorized and empowered to amend the Plan to comply
with changes to Internal Revenue code, NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1: Section 2.393 as restated in Section 2.412, Division 3 of Article V. of
Chapter 2, is hereby amended to read:
Compensation:
2)d. For limitation years beginning on or after July 1, 2007, and for the purposes of
applying the limits of Section 415 of the Internal Revenue Code, compensation shall
mean the participant's wages, salaries, and other amount received for personal services
actually rendered in the course of employment with the employer to the extent the
amounts are includable in gross income, and other such amounts that are included in
the definition of compensation under Treasury Regulation Section 1.415(c) -2(a). This
definition of compensation shall include any amounts paid by the later of: (1) 2 1/2
months after severance from employment or (2) the end of the limitation year that
includes the date of severance from employment if; (a) absent a severance from
employment, such payments would have been paid to the employee while the employee
continued in employment with the employer and was for regular compensation for
services rendered during the employee's regular working hours; or (b) compensation
was paid for services outside the employee's regular working hours (such as overtime
or shift differential), bonuses or other similar compensation.
Section 2.398 as restated in Section 2.424, Division 3 of Article V. of Chapter 2,
is hereby amended to read:
Ordinance No. 8607 -14
c. Lump sum payment. Notwithstanding anything contained in this plan to the contrary,
any benefit payable under the plan on or after March 28, 2005, the actuarial lump sum
present value of which is not more than $3500.005,000.00, shall be paid in a lump sum
as soon as practicable following the participant's termination of employment. Should
the actuarial lump sum value of such payment be greater than $1000.00, and if the
distributee has not elected to have such distribution paid directly to a specified eligible
retirement plan, the plan administrator shall make such payment to an individual
retirement plan of a designated trustee or issuer and shall notify the distributee in writing
either separately or as part of the notice under section 402(f) of the Code) that the
distribution may be transferred to another individual retirement plan.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as b form:
Ma w M. S
Assistant City Attorney
2
OCT 0 2 2014
OCT 1 5 2014
cteorttrwrk. \ktos
George N. Cretekos
Mayor
Attest:
L4 t /iL V tt: C'&i
Rosemarie Call
City Clerk
Ordinance No. 8607 -14
1 Ordinance 8747-15
ORDINANCE NO. 8747-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE PROVISIONS OF CHAPTER 2,
ARTICLE V., DIVISION 3, OF THE CITY OF CLEARWATER
CODE OF ORDINANCES; AMENDING SECTION 2.412,
DEFINITIONS, TO INCLUDE THE PREVIOUS VERSION
OF SECTION 2.412 WHICH TOOK EFFECT JANUARY 1,
2013 AND ADDING SUBSECTION 2A-D UNDER THE
DEFINITION OF COMPENSATION, AS RESTATED FROM
SECTION 2.393, DEFINITION OF COMPENSATION,
SUBSECTION 2A-D; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA;
Section 2.412, Division 3 of Article V. of Chapter 2, is hereby amended to read
Sec. 2.412. -Definitions.
[For the purposes of this division, certain terms shall have the meanings ascribed to
them in this section, unless the context clearly indicates otherwise.]
Accrued benefit shall mean, as of a specified time, the normal retirement benefit as
set forth in section2.397.2.416.
Accumulated employee contributions shall mean the sum of all amounts deducted
from a member's compensation or picked up by the employer on behalf of a member,
together with regular interest as provided in this division. Accumulated employee
contributions shall also mean any amounts paid bya member for the purchase of
military service credits or other paybacks permitted in this plan.
Actuarial equivalent shall mean a benefit of equivalent current value to the benefit
that would otherwise have been provided to the participant, determined in accordance
with the rules established by the employer and on the basis of appropriate actuarial
methods and the following actuarial assumptions:
(1)Mortality:1983 Group Annuity Mortality Table (Unisex).Mortality table as
recommended by the actuary and approved by the Trustees.
(2)Interest:Seven and one-halfpercent per annum, compounded annually.
Annual additions shall mean for limitation years beginning on or after December 31,
1986, the sum of:
2 Ordinance 8747-15
(1)The amount of employer contributions allocated to the participant during any
limitation year under any defined contribution plan maintained by an
employer;
(2)The amountof the employee's contributions (other than rollover contributions,
if any) to any contributory defined contribution plan maintained by an
employer or an affiliate;
(3)Any forfeitures allocated to the participant under any defined contribution plan
maintained by an employer or an affiliate; or
(4)Amounts allocated to an individual medical account, as defined in Section
415(l)(2) of the Internal Revenue Code that is part of a pension or annuity
plan maintained by an employer and amounts derived from contributions that
are attributable to post-retirement medical benefits allocated to the separate
account of a key employee (as defined in Section 419A(d)(3) of the Internal
Revenue Code) under a welfare benefit plan (as defined in Section 419(e) of
the Internal Revenue Code) maintained by an employer or an affiliate;
provided, however, the percentage limitation set forth in Section 415(c)(1)(B)
of the Internal Revenue Code shall not apply to: (A) any contribution for
medical benefits (within the meaning of Section419A(f)(2) of the Internal
Revenue Code) after separation from service which is otherwise treated as an
"annual addition," or (2) any amount otherwise treated as an "annual addition"
under Section 415(l)(1) of the Internal Revenue Code.
Average monthly compensation shall mean one-twelfth of the average
compensation of the fivebesthighest compensatedyears duringofthe last ten years of
credited service prior to retirement, termination, or death, orone-twelfth ofthe career
average compensation of all years as a full-time participant, whichever is greater. A
year shall be 12 consecutive months.
Beneficiary shall mean any person receiving a retirement allowance or other benefit
from the retirement plan.
Benefit shall mean a retirement allowance or other payment provided by the
retirement plan and made to a member, retiree or beneficiary.
Board or board of trustees shall mean the board of trustees of the retirement plan.
Child shall mean the natural or adopted child of a member, but shall not include
foster children or step-children.
City shall mean the City of Clearwater, Florida.
3 Ordinance 8747-15
Committee shall mean the pension advisory committee described in section 2.394
2.413.
Compensation:
(1)Compensation shall mean the total compensation for services rendered to the
city as a participant reportable on the participant's W-2 form, including
indemnity benefits received pursuant to the workers' compensation law, plus
all tax deferred, tax sheltered, or tax exempt items of income derived from
elective employee payroll deductions or salary reductions, but excluding
overtime pay in excess of 300 hours annually for pensionable earnings
accrued on or after the effective date by hazardous duty employees who are
not eligible to retire as of the effective date, overtime pay and any additional
pay or pay differential over and above the base rate of pay for pensionable
earnings accrued on or after the effective date by non-hazardous duty
employees who are noteligible to retire as of the effective date,lump sum
leave pay paid upon retirement, lump sum payments of accrued sick leave
paid upon retirement, pay for off-duty employment, clothing, car, or meal
allowances, relocation expense payments, benefits underthis plan, any
amount contributed to any pension, employee welfare, life insurance or health
insurance plan or arrangement, or any other fringe benefits, welfare benefits,
or employer paid deferred compensation. Compensation in excess of the
limitations set forth in Section 401(a)(17) of the Code shall be disregarded.
The limitation on compensation for an "eligible employee" shall not be less
than the amount which was allowed to be taken into account hereunder as in
effect on July 1, 1993. "Eligible employee" is an individual who was a
participant before the first plan year beginning after December 31, 1995.
(2) a.In addition to other applicable limitations set forth in the plan, and
notwithstanding any other provision of the plan to the contrary, for plan
years beginning on or after January 1, 1996, the annual compensation
of each employee taken into account under the plan shall not exceed
the OBRA '93 annual compensation limit. The OBRA '93 annual
compensation limit is $200,000.00, as adjusted by the commissioner for
increases in the cost of living in accordance with Section 401(a)(17)(B)
of the Internal Revenue Code. The cost-of-living adjustment in effect for
a calendar year applies to any period, not exceeding 12 months, over
which compensation is determined (determination period) beginning in
such calendar year. If a determination period consists of fewer than 12
months, the OBRA '93 annual compensation limit will be multiplied by a
fraction, the numerator of which is the number of months in the
determination period, and the denominator of which is 12.
b.For plan years beginning on or after January 1, 1996, anyreference in
this plan to the limitation under Section 401(a)(17) of the Internal
Revenue Code shall mean the OBRA '93 annual compensation limit set
forth in this provision.
4 Ordinance 8747-15
c.The limitation on compensation for an "eligible" employee shall not be
less than the amount which was allowed to be taken into account
hereunder as in effect on July 1, 1993. "Eligible employee" is an
individual who was a participant before the first plan year beginning
December 31, 1995.
d.For limitation years beginning on or after July 1, 2007, and for the
purposes of applying the limits of Section 415 of the Internal Revenue
Code, compensation shall mean the participant's wages, salaries, and
other amount received for personal services actually rendered in the
course of employment with the employer to the extent the amounts are
includable in gross income, and other such amounts that are included in
the definition of compensation under Treasury Regulation Section
1.415(c)-2(a). This definition of compensation shall include any amounts
paid by the later of: (1) two and one-half months after severance from
employment or (2) the end of the limitation year that includes the date of
severance from employment if; (a) absent a severance from
employment, such payments would have been paidto the employee
while the employee continued in employment with the employer and
was for regular compensation for services rendered during the
employee's regular working hours; or (b) compensation was paid for
services outside the employee's regular working hours (such as
overtime or shift differential), bonuses or other similar compensation.
(3)For purposes of determining whether compensation exceeds the dollar limit
under Section 401(a)(17) of the Internal Revenue Code, if any employee is a
family member of a highly compensated employee who is one of the ten
highly compensated employees paid the greatest amount of compensation
during the plan year, then such family member shall not be considered as a
separate employee and any compensation paid to such family member shall
be treated as if it were paid to or on behalf of the related highly compensated
employee.
Creditable or credited service shall mean credit for service toward which required
contributions have been made to the plan and upon which a member's eligibility to
receive benefits under the retirement plan is based, or upon which the amount of such
benefits is to be determined.
Early retirement date shall mean the date on which a police officer or firefighter
participant has reached the age of50 years and completed ten years of credited
service.
Effective date of this amendment and restatement shall mean January 1, 1996that
date set forth in Ordinance No. 8333-12.
Employee:
5 Ordinance 8747-15
(1)Employee shall mean any person employed by the employer as a full-time
permanentregularemployee other than:
a.Individuals who have failed a comprehensive physical exam and by
reason of such fact have not been recommended for acceptance into
the plan bythe committee or approved by the trustees,Persons hired
on a contractual basis, and
b.Persons hired on a contractual basis, and Employees hired directly into
non-hazardous duty positions exempt from the employer's civil service
classified service system(unclassified employees) for whom an
employment agreement letter establishes conditions of employment;
provided, however, if a person was a participant in the plan prior to
being employed in a position described in this subparagraph b., he shall
continue to participate in the plan.
c.Employees exempt from the employer's civil service classified service
system (unclassified employees) for whom an employment agreement
letter establishes conditions of employment; provided, however, if a
person was a participant in the plan prior to being employed in a
position described in this subparagraph c., he shall continue to
participate in the plan.
(2)The trustees shall have the right to determine from time to time which persons
are full-time permanentregularemployees for purposes of the plan; provided,
however, that all persons covered by the civil service ordinance of the
employer who ar0e employed on a full-time basis shall be considered full-time
permanentregularemployees for purposes of the plan.
(3)PermanentRegularpart-time, emergency, seasonal and provisional
temporaryemployees shall not be "employees" eligible to participate in the
plan.
Employer shall mean the City of Clearwater.
Family member of a highly compensated employee shall mean such employee's
spouse, lineal descendant or ascendant, or the spouse of his lineal descendant or
ascendant; provided, however, that for purposes of determining the limit on a highly
compensated employee's compensation under Section 401(a)(17) of the Internal
Revenue Code, the term "family member" shall include only the employee's spouse and
his lineal descendants who have not attained age 19 before the close of the plan year.
Firefighter shall mean ana personactively employed full-time person employedby
the city on a full-time basis,including employment duringhis initial probationary
employment period, who is certified as a firefighter as a condition of employment in
accordance with the provisions of F.S. § 633.35, and whose duty it is to extinguish fires,
to protect life and to protect property.
Fund shall mean the City of Clearwater Employees' Pension Fund of 2011.
6 Ordinance 8747-15
Hazardous duty shall mean service in a job classification as established by the
employer wherein the participant is required to be a full-time sworn firefighter certified in
accordance with F.S. § 633.35, or a full-time sworn police officer certified in accordance
with F.S. § 943.1395, consistent with the definition of firefighter or police officer herein.
Highly compensated employee shall mean any employee during the plan year or
the immediately preceding plan year:
(1)Whose Section 415 Compensation was more than $75,000.00 (adjusted
under such regulations as may be issued by the secretary of the treasury);
or
(2)Whose Section 415 Compensation was more than $50,000.00 (adjusted
under such regulations as may be issued by the secretary of the treasury),
and who was a member of the "top paid group"; provided, that as used
herein, "top paid group" shall mean all employees who are in the top 20
percent of the employer's work force on the basis of Section 415
Compensation paid during the year; provided, further, that for purposes of
determining the number of employees in the top paid group, employees
described in Section414(q)(8) of the Internal Revenue Code shall be
excluded.
(3)In determining who is a highly compensated employee, employees who are
nonresident aliens and who receive no earned income (within the meaning
of Section 911(d)(2) of the Internal Revenue Code) from the employer
constituting United States source income (within the meaning of Section
861(a)(3) of the Internal Revenue Code) shall not be treated as employees.
(4)For purposes of this paragraph, the determination of Section 415
Compensation shall be based only on section 415 Compensation that is
actually paid and shall be made by including elective or salary reduction
contributions to a plan described in Section 125 of the Internal Revenue
Code, a plan described in Section 401(k) of the Internal Revenue Code or a
plan described in Section 403(b) of the Internal Revenue Code.
(5)The term "highly compensated employee" shall also mean any former
employee who separated from service (or was deemed to have separated
from service) prior to the plan year, performs no service for the employer
during the plan year, and was an actively employed highly compensated
employee in the separation year or any plan year ending on or after the date
the employee attained age 55.
(6)For purposes of determining whether an employee is a highly compensated
employee, if any employee is a family member of a highly compensated
employee who is one of the ten highly compensated employees paid the
greatest amount of compensation during the plan year, then such family
7 Ordinance 8747-15
member shall not be considered as a separate employee and any
compensation paid to such family member (and any applicable benefit or
contribution on behalf of such family member) shall be treated as if it were
paid to or on behalf of the related highly compensated employee.
Internal Revenue Code shall mean the Internal Revenue Code of 1986 as
amended or any successor statute. Reference to a specific section of the Internal
Revenue Code shall include a reference to any successor provision.
Limitation year shall mean the plan year.
May shall mean a permissive term.
Member shall mean an employee for whom contributions to the retirement plan are
picked up by the employer or otherwise made as required by this plan.
Normal retirement benefit shall mean the monthly income payable to a retired
participant pursuant to the provisions of section 2.397 2.416of this plan.
Normal retirement date shall mean
(1)For non-hazardous duty employees hired prior to the effective date of this
restatement, the earlier of:
a.The date on which a participant has reached the age of 55 years and
completed 20 years of credited service,or
b.The date on which a participant has completed 30 years of credited
service regardless of age, or
c.The date on which a participant has reached the age of 65 years and
completed ten years of credited service, or.
d.The date on which a participant has completed 20 years of credited
service, or reached the age of 55 and completed ten years of credited
service, which service is of a character or type of employment that is
described below as "hazardous duty" or that the trustees have
designated as hazardous duty.
(2)For this purpose, a participant's service shall be deemed "hazardous duty" if
the participant is a full-time sworn police officer certified in accordance with
F.S. § 943.1395, or a full-time firefighter certified in accordance with F.S. §
633.35, and he is employed in police or fire positions as established by the
employer.
For non-hazardous duty employees hired on or after the effective date of
this restatement, the earlier of:
a.The date on which a participant has reached the age of 60 years and
completed 25 years of credited service, or
b.The date on which a participant has reached the age of 65 years and
completed tenyears of credited service.
8 Ordinance 8747-15
(3)For hazardous duty employees, the date on which a participant has
completed 20 years of credited service, or reached the age of 55 years and
completed ten years of credited service, which service is of a character or
type of employment that is described herein as "hazardous duty" or that the
trustees have designated as hazardous duty.
(4)For this purpose, a participant's service shall be deemed "hazardous duty" if
the participant is a full-time sworn police officer certified in accordance with
F.S. § 943.1395, or a full-time sworn firefighter certified in accordance with
F.S. § 633.35, and he is employed in police or fire positions as established by
the employer.
Option shall mean one of several choices available to members with respect to the
manner in which a retirement benefit may be paid.
Participant shall mean any eligible employee of the employer who has commenced
participation and is contributing under the plan.for whom contributions to the retirement
plan are being picked up by the employer or otherwise made as required by this plan.
Pension fund shall mean the pension fund established pursuant to section 2.399.
City of Clearwater Employees’ Pension Fund of 2011.
Pick-up amounts shall mean employer contributions to the plan derived from a
member’s compensation through a reduction in the member’s compensation. For the
purposes of this plan, amounts picked-up shall be considered for state law purposes as
employee contributions.
Plan shall mean the pension plan as herein set forth and as it may be amended
from time to time.City of Clearwater Employees’ Pension Fund of 2011.
Plan year shall mean the 12-month period beginning on January 1 and ending on
December 31.
Police officer shall mean ana personactively employedby the city on afull-time
basis person, employed by the city,including employment during his initial probationary
employment period, whose assigned job classification requires that he bewho is
certified as a police officer as a condition of employment in accordance with the
provisions of F.S. § 943.1395, who is vested with authority to bear arms and make
arrests, and whose primary responsibility is the prevention and detection of crime or the
enforcement of the penal, traffic or highway laws of the state.
Pre-existing condition shall mean a condition of health which pre-dated any period
of city employment.
9 Ordinance 8747-15
Regular contributions shall mean amounts picked-up by the city from the
compensation of a member.
Retiree shall mean a former member who is in receipt of benefits from the plan.
Retirement shall mean a member's separation from the service of the employer
upon meeting the requirements to receive a benefit granted to the member pursuant to
the provisions of this plan.
Section 415 Compensation shall mean all compensation as described in Section
1.415-2(d)(2) and Section 1.415-2(d)(3) of the Income Tax Regulations.
Service shall mean active employment as an employee of the city.
Service retirement shall mean a member's retirement from service under
circumstances permitting payment of a retirement benefit without reduction because of
age, length of service, or both, and without special qualifications such as disability.
Spouse shall mean the lawful husband or wife of a member or retiree. This
definition shall be interpreted under Florida choice of law rules.
Surviving spouse means the spouse of the member or retiree at the time the
member or retiree passes away, unless a new designation of beneficiary has been
made in writing to the board in accordance with the provisions of this Plan. This
definition shall be interpreted under Florida choice of law rules.
Trustee or trustees shall mean the individual or individuals, as the context requires,
designated as trustee pursuant to section 2.394.member(s) of the board of trustees of
the plan.
Useful and efficient service shall mean the performance of the regular duties of the
position to which the employee is assigned by the city, or of another established full-
time position within the employ of the city. The board shall determine from the facts of
each disability application whether the member is performing in accordance with this
definition.
Vested benefit shall mean an immediate or deferred benefit to which a member has
gained a non-forfeitable right under the provisions of this plan, without the need for
additional creditable service.
Vesting shall mean the attainment of ten years of creditable service, at which time
the member is entitled to service retirement benefits and non-service disability under the
terms of the plan.
Years of credited service shall mean the total number of years and fractional parts
of years of service credited as an employee of the employer during periods of
10 Ordinance 8747-15
participation in the plan, omitting intervening years or fractional parts of years when an
employee is not employed by the employer or not participating in the plan (except as
may otherwise be provided in rules established by the committee and approved by the
trustees).
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
________________________________________________________
Matthew M. Smith Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1379
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Human Resources
Agenda Number: 3.2
SUBJECT/RECOMMENDATION:
Approve the Request for Proposal process selecting Cigna Onsite as the new on-site manager
for the City of Clearwater Employee Health Center and authorize staff to negotiate a contract
with same. (consent)
SUMMARY:
The City’s Employee Health Center (EHC) opened in July 2010. The facility is available to all
eligible individuals enrolled in the City of Clearwater and City of Dunedin health insurance
plans.
The EHC provides on-site medical and prescription drug services to include primary care,
health risk assessments, acute and urgent care, immunizations, injections, exams and
screenings, prescriptions, pharmaceutical dispensing, disease management and primary care
case management, and wellness programs.
The goal of the EHC is to divert office visits, prescriptions, and imaging costs from the medical
plan. The long-term strategic plan is to reduce and/or prevent large claims by identifying high
risk individuals through the administration of health risk assessments followed by wellness
programs and intervention.
The EHC averaged a 1.5 to 1 ROI (Return on Investment) during its five years of operation
and it was felt that other providers should be evaluated through a competitive RFP process to
determine if there was the potential to recognize greater savings.
There were eight respondents who were evaluated on:
1.Ability, capacity, and skill to perform the services required.
2.Experience with health center operations.
3.References.
4.Cost.
Cigna Onsite and Care Here were the rated as the top scoring bids. Cigna ultimately was
rated first by the committee because the annual management fee proposed by Care Here
($441,600) was significantly higher than the Cigna proposal ($280,000).
This decision will require the City to terminate the existing contract with Care ATC one year
early.
Page 1 City of Clearwater Printed on 6/11/2015
EMPLOYEE HEALTH CENTER
The City’s Employee Health Center (EHC) opened on July 6, 2010 and is available to all
individuals enrolled in the City’s health insurance plan, including employees, spouses
and children, elected officials, and retirees. The facility has been managed since its
inception by Care ATC.
The EHC provides On-Site Medical and PrescriptionDrug Services to include but not be
limited toprimary care, health risk assessments, acute and urgent care, immunizations,
injections, exams and screenings, prescriptions, pharmaceutical dispensing, disease
Managementand primary care case management, and wellness programs.
The City also has anactive inter-local agreement with the City of Dunedinwhich permits
individualsenrolled in the City of Dunedin’s health insurance plan, including employees,
spousesand children, elected officials, and retireesto utilize the EHC. The City of
Dunedinpays administration costs and direct health care costs to CareATC and pays a
percentage ofstaff and facilitycost directly to the City of Clearwater.
The concept when the EHC was opened was to divert office visit, prescriptions, and
imaging costs from the medical plan by providing these services through the EHC. The
more long-term, strategic plan was to reduce and/or prevent large claims by identifying
high risk individuals through the administration of health risk assessments followed by
wellness programs and intervention of the Cities to provide education,intervention, and
incentive programs.
While the EHC did average a 1.5 to 1 ROI, after five years of operation, staff determined
it was time to evaluate other providers through a competitive RFP process to evaluateif
there was the potential to recognize greater savings.
An RFP was issued on February 19, 2015 and eight vendors responded to the request.
The vendors responding were:
1.Care ATC (Current vendor)
2.Bay Care
3.CareHere
4.Cigna Onsite
5.Healthstat
6.Our Health
7.Marathon Health
8.Treasure Coast
An RFP committee was formed consisting of the Human ResourcesDirector, Joe
Roseto; the Finance Director, Jay Ravins, the Human Resources Director of the City of
Dunedin, Teresa Smalling; the HR Benefits Manager, Michelle Kutch; and a Benefits
Committee Member, Steve Sarnoff.
An RFP pre-bid meeting was held on February 26, 2015and the committee met on April
10. 2015 to evaluate the eight bid proposals and determine who would be invited to
make presentations to the committee.
The respondents were evaluated on:
1.Ability, capacity and skill to perform the services required.
2.Experience with Health Center operations.
3.References.
4.Cost.
After reviewing each bid and evaluating them based on the above criteria, the
committee selected four finaliststo be invited to make presentations before the
committee. They were CareATC, CareHere, Cigna Onsite, and Marathon Health.
These four respondents made presentations to the Committee on April 24, 2015 and the
committee met again on April 29, 2015 to discuss the presentations and make a final
selection. The committee voted CareHere as the first choice and Cigna Onsite as the
second choice by a vote of 3 to 2.
Because the vote was so close, both vendors were invited to an on-site visit to the EHC
so they might assess the facility and determine what their start-up costs would be
considering that this was an existing, full-service facility. That walk through took place
on May 6, 2015 and both vendors determined that build-out/infrastructure costs would
be minimal. They also both agreed to give the existing staff the opportunity to remain
with the EHC. Start up costs for both vendors areestimated to be approximately
$50,000 at the most. The hiring process and pharmaceutical inventory stocking will
determine the exact costs.
The RFP Committee met again on May 14, 2015 to again discuss the final selection.
While CareHere and Cigna were both considered to be viable options, the concern was
that the annual management fee proposed by CareHere was significantly higherthan
that proposed by Cigna ($160,000). It was decided to address this issue with both
bidders in an effort to clarify the disparity.
Both bidders responded. CareHere’s fees are based on a flat per employee/per month
charge and while both providers would provide virtually the same services, the
significant difference in cost could not be justified. The Committee voted 5-0 to choose
Cigna as the first choice. Both bidders were informed of this choice.
City Council will be asked to approve this process and the final selection and authorize
staff to begin contract negotiations. The current plan is for the transition of providers to
take place effective October 1, 2015.
The focus moving forward will be on ensuring the transition of Management providers is
accomplished with a minimal disruption to the EHC operations.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1398
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Approve a License and Use Agreement between the City of Clearwater (Licensor) and
Clearmar, LLC (Licensee) for the construction of a sand ramp and improvements at the
southern most part of Clearwater Beach, just west of parking lot 23 and adjacent to and north
of Licensee's property, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Licensee is constructing a multi-story hotel development at 430 S. Gulfview Boulevard, which
is adjacent to the southernmost portion of public beach owned by the City of Clearwater. In
addition, Licensee is currently leasing the city parking lot 23 as a laydown and construction
area for this development. Once the project is completed the parking lot will be returned to
the City and used by the public to enter the beach at this southernmost entry point.
The City has plans to make improvements to the sand wall, access points and public
amenities at parking lot 23.
Licensee desires to provide access from their property to the public beach however; the
construction elevation of their project is approximately 7 feet higher than the existing grade of
the public beach. Therefore, in order to be able to walk directly from their property to the
beach, a sand ramp with landscaping is being proposed.
The sand ramp will not prohibit or exclude the public in any way from using the public beach
property. In many ways the construction of the sand ramp with landscaping will add to the
aesthetics of the area and provide for an improved access to the beach.
This License and Use Agreement includes the following key items:
·Licensee will be responsible for securing permits from FDEP to construct the sand
ramp as well as the sand wall and other City improvements at parking lot 23.
·Licensee will pay the City $66,000 to assist the City with the construction of the sand
wall improvements.
·Licensee will construct the sand ramp and improvements while the City will construct
the sand wall and improvements at the parking lot.
·Licensor will be responsible to provide maintenance to the sand ramp improvements at
a level similar to existing maintenance standards on Clearwater Beach which is
primarily raking the beach and picking up trash 365 days per year.
·Licensee will be responsible to reimburse the City for any additional maintenance costs
above and beyond routine beach maintenance, which is called "extraordinary
maintenance."
Page 1 City of Clearwater Printed on 6/11/2015
File Number: ID#15-1398
·Licensor will have the option to either hire outside contractors or do the work with
current staff according to specifications to be agreed upon between the Licensor and
Licensee for "extraordinary maintenance."
This item supports the City's Strategic Vision to provide quality facilities (Clearwater Beach) for
not only the enjoyment by residents but to help promote tourism and is fiscally responsible in
that it partners with the private sector to provide public facilities.
APPROPRIATION CODE AND AMOUNT:
Revenue from the Licensee will be deposited into a current CIP project (315-92650), Sand
Wall Replacement Clearwater Beach.
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 6/11/2015
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²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CL N.T.S.276A 08-29s-15w06/03/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
EXHIBIT B
Document Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Tom Mahony\Gulfview Blvd Exhibit B Parking Lot.mxd
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1380
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve submission of Department of Justice, Bureau of Justice Assistance (DOJ/BJA)
Edward Byrne Memorial Justice Assistance Grant application in the amount of $49,118, for
purchase of Taser units. (consent)
On June 3, 2015, Clearwater Police Department (CPD) was granted approval by the City’s
Resource Management Committee to apply for a $49,118-allocation under the federal Justice
Assistance Grant (JAG) program to purchase 38 new Taser units.
In 2003, CPD purchased 176 Model M26 Tasers for officers in the Patrol Division. This was
followed up in 2004 with the purchase of 46 Model X26 Tasers for the Criminal Investigations
Division.
In 2010, CPD purchased 193 Model X26 Tasers to replace the outdated/discontinued M26
Tasers that were acquired in 2003. The M26 Tasers were traded in for the updated Model
X26 version and an extended 4-year warranty was also purchased.
Since the initial purchases in 2003, normal wear and tear and operational malfunctions have
occurred that necessitated repairs. The minimum cost to repair an out-of-warranty repairable
unit is $225.00. Many of the malfunctioning units are irreparable and cannot be used.
As a result, CPD’s Taser inventory is reaching critical levels. As the existing Taser units age,
exponentially more are malfunctioning, creating officer safety and liability problems. Taser
International has phased out and no longer manufactures the X26 model. Taser will also be
phasing out all repair service on this model.
Taser International has replaced the X26 model with the new Model X26P, which incorporates
the latest technology. The X26P frame is similar to the X26 frame and is only slightly larger.
The difference will require a holster specifically designed for the X26P, which is included in the
price quoted below. The X26P also requires an updated (300 more activations than current
battery) battery pack, also included in the unit cost.
The design and operation of each weapon is nearly identical (comparable size and weight)
and will require no additional training. The X26P also has enhanced diagnostics software,
charge metering (consistent level of electrical charge) as well as advanced safety features.
The X26P provides an audible alert and will shut off the discharge cycle at 5 seconds even if
the trigger is continuously depressed
In order to keep up with the new and improved technology and continue to use tools that
Page 1 City of Clearwater Printed on 6/11/2015
File Number: ID#15-1380
emphasize less lethal force, CPD must begin to replace all of its Tasers. The JAG grant
offers the opportunity to replace 38 of the needed Tasers, battery packs, holsters and
warranties with $49,118 in grant funding.
In addition to costs listed above, one Data port Download kit would be required at the cost of
$164.75. This will be purchased using Department funds and is a one-time expense that will
be charged to Budget Code 1155-550400.
There is no mandatory match for this grant and there will be no direct adverse impact to the
Police Department operating budget.
APPROPRIATION CODE AND AMOUNT:
The JAG grant offers the opportunity to replace 38 of the needed Tasers, battery packs,
holsters and warranties with $49,118 in grant funding.
In addition to the above costs, one Data port Download kit would be required at the cost of
$164.75. This one-time expense will be purchased using Police Department operating funds
to be charged to budget code 1155-550400.
Page 2 City of Clearwater Printed on 6/11/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1378
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Approve the Third Amendment to Business Lease Contract between the City of Clearwater
and Clearwater Marine Aquarium, Inc. for the lease of city-owned property, known as the
Harborview Building, located at 320 Cleveland Street; and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
The City and Clearwater Marine Aquarium, Inc. (CMA) entered into two Business Lease
Contracts for CMA’s use of the Harborview Building on September 12, 2011 and on July 3,
2012 for the use of the middle and ground floors respectively. Both lease contracts were
intended to satisfy CMA’s need for additional space due to increased patronage resulting from
the successful motion picture, “Dolphin Tale.” Both leases were later amended to extend the
expiration dates of each to coincide with the Memorandum of Understanding (MOU) dated
August 12, 2013 between the City and CMA.
According to the MOU, the City and CMA were to enter into a lease for the City Hall property
by June 1, 2015; this action would have extended both leases. This milestone, however, has
not been met and consequently, the two Harborview leases are now set to expire on
November 30, 2015. The CMA recently contacted the City to request an extension of both
Harborview leases.
The Third Amendment extends the two Harborview leases on a month-to-month basis. Either
party may terminate upon six months notice to the other party; however, the parties may
mutually agree to a shorter notice period. All other lease terms not amended by the Third
Amendment will remain in full force and effect. The Harborview property is identified as a
redevelopment site in both the Downtown Clearwater Redevelopment Plan and the Urban
Land Institute’s Advisory Services Panel 2014 Report. As recent Council discussions
anticipate a potential Master Plan process for the Bluff District and waterfront/Coachman Park
area, the six-month notice period is not expected to cause any delays.
Page 1 City of Clearwater Printed on 6/11/2015
[GM11-1801-058/168867/1]
THIRD AMENDMENT TO BUSINESS LEASE CONTRACT
THIS THIRD AMENDMENT TO BUSINESS LEASE CONTRACT made and entered into
this ______ day of June, 2015, by and between CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation, having its principal place of business at 112 South Osceola Avenue,
Clearwater, FL, 33756, as Lessor, and CLEARWATER MARINE AQUARIUM, INC., a Florida
non-profit corporation, having its principal place of business at 249 Windward Passage,
Clearwater, FL, 33767, as Lessee, (each individually referred to herein as “Party” or collectively
as the “Parties”).
W I T N E S S E T H:
WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract dated
September 12, 2011, herein referred to as the “Exhibit Lease”, which was amended by that First
Amendment to Business Lease Contract dated July 3, 2012 ; and
WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract dated
July 3, 2012, herein referred to as the “Storage Lease”; and
WHEREAS, Lessor and Lessee amended the Exhibit Lease, and the Storage Lease
collectively in that certain Second Amendment to Business Lease Contract dated January 24,
2014; and
WHEREAS, Lessee now occupies space in the Harborview Center under the terms and
conditions set forth in the aforementioned leases, as amended, which are collectively referred to
herein as the “Harborview Lease”; and
WHEREAS, Lessor and Lessee entered into that certain Memorandum of Understanding
dated August 12, 2013, herein referred to as the “MOU”, memorializing the terms under which
the Lessee would construct an aquarium, subject to certain milestones being met, including
Lessee would enter into a lease for the City Hall property located at 112 South Osceola Avenue,
Clearwater, Florida 33756; and
WHEREAS, the continuation and duration of the Harborview Lease was contingent upon
the milestones in the MOU having been met; and
WHEREAS, the Lessor and Lessee now agree that the milestone to enter into a lease
for the City Hall property will not be met, and therefore, the Harborview Lease is set to expire on
November 30, 2015; and
WHEREAS, the Parties now agree to amend the Lease to extend the Term beyond
November 30, 2015 on a month to month basis, under the terms and conditions contained
herein.
NOW, THEREFORE, the Parties in consideration of the undertakings, promises and
agreements herein contained, agree and covenant with each other as follows:
Paragraph 1 of the Exhibit Lease as amended and Paragraph 2 of the Storage Lease as
amended are hereby revised to add the following on to the end of each paragraph:
[GM11-1801-058/168867/1]
LEASE TERM.
The Term of the Harborview Lease shall extend beyond November 30, 2015 on a month-to-
month basis until terminated by either party in writing. Either Party hereto, at the respective
Party’s sole discretion, may terminate this lease with six (6) months notice (“Notice Period”) to
the other party. The Parties may agree to a shorter Notice Period upon mutual consent,
provided that the Notice Period may not be less than thirty (30) days.
IN WITNESSES WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
AS TO “LESSOR”
THE CITY OF CLEARWATER, FLORIDA
Countersigned
________________________________ By: ________________________________
George N. Cretekos, Mayor William B. Horne, II, City Manager
Approved as to form: Attest:
________________________________ ____________________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
AS TO “LESSEE”
CLEARWATER MARINE AQUARIUM, INC.
By: ________________________________
David P. Yates, CEO
SECOND AMENDMENT TO BUSINESS LEASE CON 'I'EACT
THIS SECOND AMENDMENT TO BUSINESS LEASE CONTRACT made and
entered into this q day of Qn u. Q2 , 2014, by and between CITY OF
CLEARWATER, FLORIDA, a orida muxcipal corporation, having its principal place of
business at 112 South Osceola Avenue, Clearwater, FL, 33756, as Lessor, and CLEARWATER
MARINE AQUARIUM, INC., a Florida non -profit corporation, having its principal place of
business at 249 Windward Passage, Clearwater, FL, 33767, as Lessee, (each individually
referred to herein as "Party" or collectively as the "Parties ").
WITNESSETH:
WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract dated
September 12, 2011 which is attached hereto as Exhibit "A "; and,
WHEREAS, Lessor and Lessee agreed to amend that certain Business Lease Contract
dated. September 12, 2011 in that certain First Amendment to Business Lease Contract dated July
3, 2012 which is attached hereto as Exhibit "B "; and,
WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract dated
July 3', 2012 which is attached hereto as Exhibit "C"; and,
WHEREAS, Lessee now occupies space in the Harborview Center under the terms and,
conditions set forth in Exhibits "A," "B," and "C" which are collectively referred to herein as the
Lease "; and,
WHEREAS, Lessor and Lessee entered into that certain Memorandum of Understanding
dated August 12, 2013 for Lessee to lease the current City Hall property located at 112 South
Osceola Avenue, Clearwater, Florida 33756 which is attached hereto as Exhibit "D "'
WHEREAS, Lessor and Lessee agree to amend the Lease under the terms and conditions
contained herein.
NOW, THEREFORE, the Parties in consideration of the undertakings, promises and
agreements herein contained, agree and covenant with each other as follows:
Lessor and Lessee agree and acknowledge that the major systems ofthe Leased Premises,
including but not limited to the HVAC (heating, ventilation, air conditioning/cooling), plumbing,
electrical, and roof systems, are in an advanced state of age and may require repair or
replacement during the term of the Lease. Lessor shall have no obligation for any repairs or
replacements in, about, or on the Leased Premises during the term of the Lease. Lessee shall be
responsible for any repairs and replacements in, about, or on the Leased Premises during the
term of the Lease. However, Lessee, in its sole discretion, may terminate this Lease in the event
Lessee decides not to make any repair or replacement required in, about, or on the Leased
Premises and shall have no further obligation to make such repairs or replacements.
1 _ISINI , L.:_a $o1 -o5
Paragraph 1 of that certain Business Lease dated September 12, 2011 and Paragraph 2 of
that certain Business Lease dated July 3, 2012 are hereby deleted in their entirety and replaced
with the following:
The term of this Lease shall expire- sixty (60) days from the grand opening of the new
Clearwater Aquarium to be built by the Lessee on the current City Hall property. However, intheeventthatLessorandLesseefailtoenterintoaleasefortheCityHallpropertybyJune1,
2015, as outlined in paragraph five (5) of Exhibit "D," then this Lease shall expire six months
later, hence on November 30, 2016. Further, in the event the Lessee fails to have all funds
necessary for the construction ofthe new aquarium on the City Hall property by August 1, 2016,
as outlined in paragraph three (3) of Exhibit "D," then this Lease shall expire six months later,
hence on January 31, 2017.
IN WITNESSES WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
AS TO "LESSOR"
Countersigned ``__
George N. Cretekos, Mayor
Approved as to fo:
Laura Lipowski Mahony
Assistant City Attorney
AS TO "LESSEE"
f(IM11 -1801 0.5 4!97.1JiI
THE CITY OF CLEARWATER, FLORIDA
By: Lti.L 4 J 4
William B. Horne, II, City Manager
CLEARWATER MARINE AQUARIUM, INC.
B
Frank L. Dame
Chief Operating Officer
BUSINESS LEASE CONTRACT
THIS LEASE CONTRACT, entered into this I'C' day of S gpr- A 2011,
Effective Date") between the CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation, having its principal place of business at 112 South Osceola Avenue, Clearwater,
FL. 33756, as Lessor, and CLEARWATER MARINE AQUARIUM, INC, a Florida non-profit
corporation, having its principal place of business at 249 Windward Passage, Clearwater, FL
33767, as Lessee (each individually referred to herein as "Party" or collectively as the
Parties").
WITNESSETH:
That Lessor does lease and Lessee agrees to lease the following premises, a portion of
what is commonly known as the "Harborview Center" addressed at 320 Cleveland Street,
Clearwater, Florida, all being more specifically described as follows:
The entire second (or "middle") floor of the Harborview Center, containing 54,000
square feet, more or less, of interior floor area, measured to the unfinished
interior surfaces of its perimeter walls, which is a portion of:
EDWARD MILL'S SUBDIVISION, Lot 3 Less Street, and Lots 4 and 5, ROMPON'S &
BASKINS CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT, as recorded in Plat
Book 57, Pages 1 and 2 of the public records of Pinellas County, Florida, and part of
SUNSET COURT, all described as beginning at the Northeast corner of Block 1 of
aforesaid ROMPON'S & BASKIN'S CORRECTED MAP OF CAUSEWAY BUSINESS
DISTRICT; thence South 224.38 feet; thence West 566.62 feet; thence along the arc
of a curve to the right, 197.75 feet; radius 679.20 feet, cord bearing N820W,
197.10 feet; thence N05°W, 189.48 feet; thenceNO3°West, 171.34 feet; thence
along the arc of a curve to the right, 84.23 feet, radius 743.35 feet, cord bearing
NO3°E, 84.18 feet; thence East, 422.97 feet; thence along the arc of a curve to the
right, 67.22 feet, radius 163.84 feet, cord bearing N60°E, 66.75 feet; thence
South100.31 feet; thence East 291.48 feet; thence South 183.27 feet to the point
of beginning.
Together with rights to use parking areas indentified in Exhibit A except as limited
herein.
Such property shall hereinafter be referred to as the "Leased Premises" or the "Demised
Premises" or the "Leased Property" or "Premises".
1.LEASE TERM.
The term of this lease shall be for twelve (12) months; which term will commence on the
1st day of November, 2011 (the "Commencement Date") and shall continue until midnight on
the 31st day of October, 2012 (herein called the "Initial Term"). The Lessee shall have the
option to extend the term of this lease for one (1) successive period of twelve (12) months;
and thereafter, one (1) successive period of six (6) months (each such period is included in the
term "Extended Term"). No such renewal or extension shall be deemed a waiver by Lessor of
any breach or default which may then exist. The Extended Term shall be upon the same
conditions and terms, and the rent shall be determined and payable, as provided in this
agreement, except that there shall be no privilege to extend the term beyond the expiration of
the Extended Term period as hereinabove specified. The Lessee shall exercise the option for an
Extended Term by notifying the Lessor in writing at least two (2) calendar months prior to the
expiration of the then current term. Upon such exercise, this lease shall be deemed to be
extended without the execution of any further lease or other instrument.
Notwithstanding the above, the Parties shall enter into a License Agreement in
substantially the form attached hereto as Exhibit B, to allow Lessee the right to access the
Leased Premises prior to the Commencement Date, but not prior to completion by the Lessor
of the Capital Expenditures required by Section 4 herein, for the purpose of making alterations
and improvements and/or installing props and exhibits necessary for the use by Lessee as
contemplated herein, including the storage of materials associated with such improvements
Early Occupancy Date") provided Lessee supplies evidence of insurance to Lessor. In such
event, the Lessor shall pay all utility charges incurred at the Leased Premises from the Early
Occupancy Date through the Commencement Date, with said sum to be added to the Capital
Expenditures and repaid as a part thereof as set forth in Sections 2 and 4 below.
2. RENT.
The Lessee agrees to pay and the Lessor agrees to accept as the Base Payment during
the term of this lease the sum of&2gnTrous( 1$196,, payable monthly,
the first such installment being payable on the Commencement Date, with monthly
installments being payable in advance at the beginning of each successive monthly period
thereafter, except as limited herein. The Base Payment shall be calculated by dividing the total
Capital Expenditures provided in Section 4 as described in Exhibit "C" attached hereto by 30.
In addition, following each three month period following the Commencement Date,the Lessee
agrees to pay and Lessor agrees to accept an amount equal to One (1) and 00/100 Dollar for
each paid guest visiting the Leased Property during the prior three month period, less the Base
Payments as described above paid during the same three month period ("Additional
Payment"), said combined amounts constituting repayment of the Capital Expenditures
described in Section 4 herein. The Additional Payment shall be payable not later than fifteen
Page 2 of 13
15) days after the final day of each three month period. All installments as herein above
specified are for the purpose of reimbursing the Lessor for Capital Expenditures incurred by
the Lessor as provided for under the provisions of Section 4 herein. Following the Lessor's
recovery of such Capital Expenditures, Lessor agrees to accept as rent during the remainder of
the Term and Extended Term of this lease, One and 00/100 Dollars ($1.00) per year in further
consideration of Lessor entering into this lease with Lessee, Lessee covenants with Lessor that
Lessee shall unequivocally, timely and without reservation or exception, full comply with all
the provisions hereof, and the obligations imposed herein. Lessee's failure to timely comply
with any or all of the provisions hereof shall be deemed a material default and subject to
provisions of Section 18. DEFAULT; REMEDIES;TERMINATION BY LESSOR.
3. MAINTENANCE AND PARKING EXPENSES.
In addition to the Rent set forth above, the Lessee shall pay to the Lessor beginning on
the Commencement Date the total sum of $3,750 per month for reimbursement to the Lessor
for expenses associated with obtaining alternative parking ($1,500) and for the cost of
maintaining the common areas associated with the Leased Premises ($2,250), said payment to
be made on the first of the month throughout the Term, as extended. This obligation shall
terminate upon the termination of this lease by either party.
4.CAPITAL EXPENDITURES BY LESSOR.
Lessor agrees to make repairs and improvements to the Leased Property (herein called
Capital Expenditures") prior to Lessee's occupation of same. At the inception of this Lease,
Lessor's Capital Expenditures are estimated to be One Hundred Twenty Three Thousand Six
Hundred Nintey-Seven and 00/100 Dollars ($123,697) as more particularly provided for in
Exhibit "C", (attached hereto and incorporated herein). The Parties acknowledging that the
cost of the Capital Expenditures may vary from the preliminary estimate, the Parties hereby
agree that the Lessor may unilaterally pursue repair of the Premises by incurring Capital
Expenditures not to exceed Two Hundred Thousand and 00/100 Dollars ($200,000.00) without
additional Lessee approval. As a courtesy, as soon as reasonably possible, Lessor shall provide
Lessee written notice of any Capital Expenditure in excess of One Hundred Seventy Two
Thousand Five Hundred Eighty-Seven and 00/100 Dollars ($172,587.00), up to the maximum of
Two Hundred Thousand and 00/100 ($200,000.00) stated above. Lessee shall reimburse
Lessor for said Capital Expenditures in their actual amount, as determined by the parties as of
the Commencement Date, as described in Section 2 above, a Schedule detailing such Capital
Expenditures attached hereto as Exhibit "C".
5.USE OF PREMISES.
Page 3 of 13
The Leased Premises are leased to Lessee solely for the following uses and no other use
can be made of the Premises during the term without the written consent of the Lessor: The
Leased Property shall be used to accommodate increased patronage resulting from the film
Dolphin Tale", consistent with Lessee's normal business practices related to the promotion of
the Clearwater Marine Aquarium, tourism in Clearwater and increased traffic to the
downtown Clearwater area.
6.UTILITIES.
Effective as of the Commencement Date, water, sewer, electric and all other utilities of
any kind servicing the Leased Premises shall be billed directly to Lessee and are or shall be
individually metered for the subject Premises. All deposits for such utilities shall be the sole
responsibility of Lessee.
7.MAINTENANCE AND TAXES.
Lessee shall, at its own expense, maintain in good repair and in good and safe condition
all improvements on, about and within the Leased Premises, including, but without limiting the
generality of the foregoing, all structural improvements, including the doors, plate glass,
windows and their respective hardware, all plumbing, heating, cooling and electrical fixtures
within the Leased Premises only, and whether or not required by wear and tear, obsolescence,
accidents or otherwise, except as set forth herein. Except as may be otherwise provided for in
this lease, Lessor has no obligations to make repairs on, about or within the Leased Premises,
or to paint, decorate or redecorate same. Lessee shall be responsible for all real and personal
property taxes as may be assessed specifically applied against the Leased Premises during the
lease term, and shall promptly pay same when due. Provided however that Lessee shall have
no obligation to maintain, repair or replace any improvement, including but not limited to
structural improvements, the roof, doors, plate glass, windows, plumbing, heating and cooling
systems and electrical fixtures should Lessee elect to terminate the lease consistent with
Section 19 of this lease, or should such maintenance, repair or replacement result from any
other occupant of the Harborview Center or its invitees. Lessee shall have no responsibility for
real property taxes assessed against the Leased Premises attributable to any other occupant's
presence in the Harborview Center, including but not limited to Pickles Plus Too.
8.OBSERVANCE OF LAWS AND ORDINANCES.
Lessee agrees to observe, comply with and execute promptly at its expense during the
term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and
regulations of governmental authorities and agencies and of insurance carriers which relate to
its use or occupancy of the Demised Premises.
Page 4 of 13
9. ASSIGNMENT OR SUBLEASE.
Lessee shall not, without first obtaining the written consent of Lessor, which consent
may be withheld in Lessor's sole discretion, assign, mortgage, pledge, or encumber this lease,
in whole or in part, or sublet the premises or any part thereof. This covenant shall be binding
on the legal representatives of Lessee, and on every person to whom Lessee's interest under
this lease passes by operation of law, but it shall not apply to an assignment or subletting to
the parent or subsidiary of a corporate lessee or to a transfer of the leasehold interest
occasioned by a consolidation or merger involving such Lessee.
If the Leased Premises are sublet or occupied by anyone other than Lessee, and Lessee
is in default hereunder, or if this lease is assigned by Lessee, Lessor may collect rent from the
assignee, subtenant, or occupant, and apply the net amount collected to the rent herein
reserved. No such collection shall be deemed a waiver of the covenant herein against
assignment and subletting, or the acceptance of such assignee, subtenant, or occupant as
Lessee,or a release of Lessee from further performance of the covenants herein contained.
10. ALTERATIONS AND IMPROVEMENTS.
Other than as expressly provided for herein, the Lessee shall not make any structural
alterations or modifications or improvements which are part of the Leased Property without
the written consent of the Lessor, and any such modifications or additions to said property
shall become the property of the Lessor upon the termination of this lease or, at Lessee's
option, the Lessee shall restore the Leased Property at Lessee's expense to its original
condition. The restrictions of this paragraph shall not apply to maintenance of the Leased
Property, but shall apply to any change which changes the architecture or purpose of the
property or which changes any of the interior walls of the improvements or which annexes a
fixture to any part of the Leased Property which cannot be removed without damage thereto.
In the event Lessee desires to make any alterations or modifications, written notice shall be
given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee within
twenty (20) days after written notice from Lessee, the proposal shall be deemed approved.
Lessee shall have no power or authority to permit mechanics' or materialmen's liens to be
placed upon the Leased Property in connection with maintenance, alterations or
modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any
mechanic's liens for materials or labor claimed to have been furnished to the Leased Premises
on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's expense,
remove all of Lessee's personal property and those improvements made by Lessee which have
not become the property of Lessor, including trade fixtures and the like. All property
remaining on the Leased Premises after the last day of the term of this lease shall be
conclusively deemed abandoned and may be removed by Lessor, and Lessee shall reimburse
Page 5 of 13
Lessor for the cost of such removal. The Parties hereto acknowledge and agree that it is the
Lessee's intent to apply immediate improvements to the Leased Premises to render the
Demised Premises useable for Lessee's purposes. Lessee shall provide a detailed schedule of
said improvements together with the cost associated with same, which are in addition to
Lessor's Capital Expenditures, and seek Lessor's approval as provided for in this paragraph,
prior to proceeding to install same, with such schedule attached hereto as Exhibit D. In no
event shall Lessor be liable to reimburse Lessee for such improvements except as set forth in
Section 18(d) herein.
11. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the Lessee
or owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or
damage that may be occasioned by or through the acts or omissions of persons occupying
adjoining premises or any part of the premises adjacent to or connected with the Leased
Premises hereby leased or any part of the building which the Leased Premises are a part of for
any loss or damage resulting to the Lessee or its property from bursting, stopped up or leaking
water, gas, sewer or steam pipes.
12. RIGHT OF ENTRY.
The Lessor, or any of its agents, shall have the right to enter said Leased Premises during
all reasonable hours, to examine the same, to make such repairs, additions or alterations as
may be deemed necessary for the safety, comfort, or preservation thereof. Should Lessee
default in any of its maintenance responsibilities as heretofore provided, all costs and charges
for which Lessor shall invoice to Lessee for reimbursement shall be paid within 15 days
following receipt. The right of entry shall likewise exist for the purpose of removing placards,
signs, fixtures, alterations or additions, which do not conform to this agreement.
13. RESTORING PREMISES TO ORIGINAL CONDITION.
In addition to the Capital Expenditures contemplated in Exhibit "C", Lessee
acknowledges and represents that the Premises are in need of certain improvements for which
Lessee shall submit written notice in accordance with Paragraph 10 herein, seeking approval of
Lessor to conduct and install such improvements. Lessee's acceptance or occupancy of the
Leased Premises shall constitute recognition of such condition. Lessee hereby accepts the
premises in the "AS IS CONDITION" they are at the Commencement Date and agrees to
maintain said premises in the same condition, order and repair as they are at the
Commencement Date, and to return the Leased Premises to their original condition at the
Page 6 of 13
expiration of the term, excepting only reasonable wear and tear arising from the use thereof
under this agreement.
14. INSURANCE.
Lessee agrees to provide at its sole cost and expense the following policy or policies of
insurance through firms authorized to provide such insurance within the State of Florida:
Lessee shall procure and maintain for the life of the Lease, General Liability Insurance.
This coverage shall be on an "Occurrence" basis. The policy shall provide coverage for death,
bodily injury, personal injury or property damage that could arise directly or indirectly from
the performance and operation of this Lease. The minimum limits of coverage shall be
1,000,000 Per Occurrence Combined Single Limit for Bodily Injury Liability and Property
Damage. The Lessor shall be included and identified as an Additional Insured under the policy
and on the Certificate of Insurance.
The insurance coverages and conditions afforded by these policies shall not be
suspended, voided, cancelled or modified except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City's Risk Management Office.
All insurance policies required within this provision shall provide for commercially
reasonable deductibles
Certificates of Insurance meeting the specific required insurance provisions specified in
this Lease shall be forwarded to the City's Risk Management Office and approved prior to the
Commencement Date. After review, the Certificate will be filed as part of the official Lease
file.
15. RADON GAS NOTIFICATION.
Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, 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 radon testing may be obtained from your
county health unit.
16. DESTRUCTION OF PREMISES.
Page 7 of 13
In the event that the building should be partially or totally destroyed by fire,
earthquake, hurricane or other natural cause, neither Lessor nor Lessee shall have any
obligation whatsoever to repair or rebuild the Leased Premises.
Lessee may either terminate the lease or undertake to rebuild or repair at Lessee's
expense, in Lessee's sole discretion. Lessee may terminate the lease from the date of
occurrence of such event through the remainder of the term. If Lessee elects to continue in
occupancy and pursue repair and rebuild of the Premises, Lessee shall restore the Premises to
a condition as near as practicable to the condition prior to the event. In no event shall the
destruction of the Premises relieve the Lessee of its obligation to reimburse Lessor for Capital
Expenditures which have already been made.
17. RESERVATION BY LESSOR.
Throughout the term hereof, Lessor reserves unto itself during and throughout certain
scheduled public events, including but not limited to those set forth below, held within
Coachman Park and its environs, the right and privilege to reserve for its exclusive use all
parking within the parking lots adjoining the Demised Premises, with the exception of those
spaces assigned to the use of Pickles Plus Too, (Pickles") together with ingress and egress
thereto:
Superboat Offshore National Championship—September 291h through October 2nd
Hispanic Heritage Festival—October 10th
Clearwater Jazz Holiday—October 14th through October 17th
Christmas Under The Oaks— November 13th and November 14th
Sea Blues Festival—February 18th and 19th
Clearwater Celebrates America—July 4th
Otherwise, Lessee shall have the non-exclusive use of the public parking lots to the North and
West of the Leased Premises, without charge, on a first-come, first-served basis. In addition,
Lessee's parking rights shall be subject to the parking rights of Pickles as set out in that certain
Lease between the Lessor and Pickles, dated August 15, 1995, as amended.
18. DEFAULT; REMEDIES;TERMINATION BY LESSOR.
a) Lessee further covenants that if the Lessee shall violate or default upon any of the
covenants, provisions, terms, conditions and obligations imposed on Lessee upon entering into
this lease, and shall fail to correct such violation or default within fifteen (15) days after a
written request by the Lessor to do so, or if such default cannot be cured within fifteen (15)
days and Lessee fails to exercise good faith efforts to cure such default, then the Lessor may,
Page 8 of 13
at its option, deem this lease terminated, and lessee shall become a tenant at sufferance, and
the Lessor shall be entitled to obtain possession of the premises as provided by law.
b) In case the Leased Property shall be abandoned, as such term is defined by Florida
Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor
may (i) re-enter the premises as the agent of the Lessee consistent with Florida law and may
relet the Leased Property as the agent of the Lessee and receive the rent therefore and apply
the same to the payment of such expenses as Lessor may have incurred in connection with the
recovery of possession. Thereafter, it shall be applied to the payment of damages in amounts
equal to the rent hereunder and to the cost and expenses of performance of the other
covenants of Lessee as provided herein; or (ii) the Lessor may, at its option, terminate this
lease by giving the Lessee fifteen (15) days written notice of such intention served upon the
Lessee or left upon the leased property, and the term hereof shall absolutely expire and
terminate immediately upon the expiration of said fifteen (15) day period, but the lessee shall
nevertheless and thereafter be liable to the lessor for any deficiency between the rent paid as
of such date and the unreimbursed Capital Expenditures.
c) Lessor, at its option, may terminate this lease as for a default upon the occurrence of
any or all of the following events: an assignment by Lessee for the benefit of creditors; or the
filing of a voluntary or involuntary petition by or against Lessee under any law for the purpose
of adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement on account
of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of
Lessee; or the bankruptcy of the Lessee. Each of the foregoing events shall constitute a
material default by Lessee and breach of this lease.
d) Lessor, at its option, may terminate this lease in the event the City Council votes at a
duly constituted City Council meeting that the Lease Premises are needed for other municipal
purposes and serves Lessee with one hundred twenty (120) days notice of such intended use.
In such event, Lessee shall be relieved of any obligation to pay Rent, Utilities and or Capital
Expenditures effective as of the date of termination of the lease, and further, Lessor shall
reimburse Lessee in an amount equal to the total sum of the cost of Lessee's improvements,
renovations and expenditures to improve the Leased Property for its intended use as set forth
in Exhibit "l)", multiplied by a fraction, with the numerator being the number of months
remaining in the term as extended as of the date of termination by the City Counsel and the
denominator being 30.
e) Both the Lessor and Lessee shall be entitled to all remedies as provided by law.
19. TERMINATION BY LESSEE
Page 9 of 13
Lessee may terminate this lease anytime during the Initial Term or Extended Term of
this lease upon thirty (30) days written notice to Lessor. If Lessee terminates this lease prior to
April 30, 2013, or if Lessee chooses not to extend this lease through April 30, 2013 as provided
in Paragraph 1 above, Lessee shall reimburse Lessor for one hundred percent (100%) of the
Lessor's then unrecovered Capital Expenditures, as specified in Paragraph 4 above, without
interest. Recognizing Lessee's cost to vacate the Leased Property; Lessee may defer such
reimbursement for three (3) months following Lessee's vacation of the Leased Property.
Following the three (3) month deferral period, monthly payments will resume until Lessor has
fully recovered its Capital Expenditures. Such monthly payments will be calculated to establish
equal monthly installments, but not less than the Base Payment provided in section 2, to be
paid from Lessee to Lessor such that Lessor's unrecovered Capital Expenditures are fully
recovered no later than April 30, 2013.
20. MISCELLANEOUS.
a) Lessor shall have the unrestricted right of assigning this lease at any time, and in
the event of such assignment, the Lessor shall be relieved of all liabilities hereunder, provided
that the successor Lessor shall become responsible for all of Lessor's obligations.
b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and
assigns and successors of the Lessee.
c) It is understood and agreed between the parties hereto that time is of the essence of
this contract and this applies to all terms and conditions contained herein.
d) It is understood and agreed between the parties hereto that written notice sent by
certified or registered mail, overnight/express carrier with signature required, or hand
delivered to the premises leased hereunder, shall constitute sufficient notice to the Lessee,
and written notice sent by certified or registered mail, overnight/express carrier with signature
required, or hand delivered to the office of the Lessor shall constitute sufficient notice to the
Lessor,to comply with the terms of this contract.
e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the
part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit
any of the said rights.
f) It is hereby understood and agreed that Lessee shall use no signs in connection with
the premises hereunder, except as same shall comply with provisions of Article 3, Division 18
of the City of Clearwater Land Development Regulations, as may be amended from time to
Page 10 of 13
time, and other applicable law, and such signs as Lessee may place inside the building, which
signs shall be subject to the prior approval of the Lessor.
g) It is understood that no representations or promises shall be binding on the parties
hereto except those representations and promises contained herein or in some future writing
signed by the party making such representations or promises.
21. INDEMNIFICATION.
The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred
by the Lessor arising out of or related to its use or occupancy of the Leased Premises, to
include but not being limited to: (a) failure by the Lessee, or its agents, to perform any
provision, term, covenant or agreement required to be performed by the Lessee under this
agreement; (b) any occurrence, injury or personal or property damage which shall happen in
or about the Leased Property or appurtenances resulting from Lessee's operation and
maintenance therein ; (c) failure to comply with any requirements of any governmental
authority or insurance company insuring the Leased Property or its contents; (d) any security
agreement, conditional bill of sale or chattel mortgage or mechanic's lien connected with
Lessee, its obligations or operations, filed against the Leased Property, fixtures, equipment or
personalty therein; and (e) any construction, work, alterations or improvements by Lessee on
the Leased Property. Such indemnification shall include reasonable attorney's fees for all
proceedings, trials and appeals and shall survive termination of this Lease.
22. "AS IS"CONDITION.
Lessee accepts the Leased Premises on an "AS IS" basis, subject to the Capital
Expenditures contemplated in Exhibit "C", and Lessor shall have no obligation to improve or
remodel the Leased Premises other than as specified in Section 4 above.
23. CONSTRUCTIVE EVICTION.
Lessee shall not be entitled to claim a constructive eviction from the premises unless
Lessee shall have first notified Lessor in writing of the condition or conditions giving rise
thereto and, if the complaints be justified, unless Lessor shall have failed within a reasonable
time after receipt of such notice to remedy such conditions.
24. JANITORIAL EXPENSES.
Lessee shall either obtain or perform janitorial services for the Leased Premises at its
expense.
Page 11 of 13
25. SEVERANCE.
The invalidity or unenforceability of any portion of this lease shall in nowise affect the
remaining provisions and portions hereof.
26. CAPTIONS.
The paragraph captions used throughout this lease are for the purpose of reference only
and are not to be considered in the construction of this lease or in the interpretation of the
rights or obligations of the parties hereto.
27. NO HAZARDOUS MATERIALS.
The Lessee herewith covenants and agrees that no hazardous materials, hazardous
waste, or other hazardous substances will be used, handled, stored or otherwise placed upon
the property or, in the alternative, that such materials, wastes or substances may be located
on the property, only upon the prior written consent of the Lessor hereunder, and only in
strict accord and compliance with any and all applicable state and federal laws and ordinances.
In the event such materials are utilized, handled, stored or otherwise placed upon the
property, Lessee expressly herewith agrees to indemnify and hold Lessor harmless from any
and all costs incurred by Lessor or damages as may be assessed against Lessor in connection
with or otherwise relating to said hazardous materials, wastes or substances at anytime,
without regard to the term of this lease. This provision shall survive the termination of this
Agreement. The Lessor warrants that to the best of its knowledge the Leased Premises are
free of hazardous materials, waste or substances as of the Commitment Date,
28. CONFORMANCE WITH LAWS.
Lessee agrees to comply with all applicable federal, state and local laws during the term
of this lease. Lessor shall ensure that the Premises is fully compliant with applicable ADA
regulations as of the delivery of possession of the Premises to Lessee pursuant to the License
Agreement.
29. ATTORNEY'S FEES.
In the event that either party seeks to enforce any provision of this Lease through
attorneys at law, then the parties agree that each party shall bear its own attorney fees and
costs.
Page 12 of 13
30. GOVERNING LAW.
The laws of the State of Florida shall govern this Lease; any action brought by either
party shall lie in Pinellas County, Florida.
31. CAPITAL EXPENDITURES AND LESSEE IMPROVEMENTS FINALIZATION.
The Parties hereto acknowledge and agree that the estimated costs of the
Capital Expenditures by Lessor (Exhibit "C) and the leasehold improvements made by Lessee
Exhibit "D") shall be finalized by the Parties on or before November 10, 2011 with Exhibits "C"
and "D" amended as necessary to reflect such final costs and with the Base Payment described
in Section 2 modified, as necessary.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date
set forth above.
AS TO LESSEE:
CLEARWATER MARINE AQUARIUM,INC.
By:
David P.Yates,CEO
AS TO LESSOR:
CITY OF CLEARWATER,FLORIDA
Countersigned:
Y•
Frank V. Hibbard, Mayor William B. Horne II, City Manager
Approved as to form: Attest:
I) f 0 /A-
C.,7yFC ,
t,
Pamela Akin,City Attorney Rosemarie Call,City Clerk C3,CO-0
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Page 13 of 13
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NON-EXCLUSIVE'REVOCABLE LICENSE AGREEMENT TO ACCESS
RENOVATE AND OCCCUPY HARBORVIEW CENTER
This LICENSE AGREEMENT TO ACCESS, MAKE IMPROVEMENTS,AND OCCUPY
HARBORVIEW CENTER('License'), is made and entered into this I2l day of September
2011, ("Effective Date') by and between the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation ("Licensor'), and the CLEARWATER MARINE AQUARIUM, INC, a
Florida non-profit corporation, having its principal place of business at 249 Windward Passage,
Clearwater, FL 33767("Licensee's(each individually"Part'or collectively"Parties").
WITNESSETH:
1. License Premises: In consideration of Licensee timely and fully complying with the
covenants and conditions herein contained, Licensor does hereby grant to Licensee and
Licensee hereby accepts from Licensor, a non-exclusive License to utilize the following
described premises owned by Licensor:
The entire second(or"middle's floor of the Harborview Center,containing 54,000
square feet, more or less,of interior floor area,measured to the unfinished interior
surfaces of its perimeter walls(°Licensed Premises"or"Premises')which is a portion of
EDWARD MILL'S SUBDIVISION, Lot 3 Less Street, and Lots 4 and 5, ROMPON'S &
BASKINS CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT, as recorded in
Plat Book 57, Pages 1 and 2 of the public records of Pinellas County,Florida, and part
of SUNSET COURT, all described as beginning at the Northeast comer of Block 1 of
aforesaid ROMPON'S 8 BASKIN'S CORRECTED MAP OF CAUSEWAY BUSINESS
DISTRICT;thence South 224.38 feet;thence West 566.62 feet;thence along the arc of
a curve to the right, 197.75 feet; radius 679.20 feet, cord bearing N82M, 197.10 feet;
thence N05°W, 189.48 feet; thenceNO3°West, 171.34 feet;thence along the arc of a
curve to the right, 84.23 feet, radius 743.35 feet,cord bearing NO3"E, 84.18 feet;thence
East,422.97 feet;thence along the arc of a curve to the right,67.22 feet, radius 163.84
feet, cord bearing N600E,66.75 feet;thence South100.31 feet;thence East 291.48 feet;
thence South 183.27 feet to the point of beginning.
Together with non-exclusive rights to use the parking area to the west of the Harborview
building and common areas appurtenant to the Licensed Premises as necessary toutilizethePremisesasdescribedherein.
2. Use of License Premises and funding of Renovations: Licensee shall have the right
and privilege to access and utilize the Licensed Premises only for the general purpose
Exhibit B
of preparing said premises for the operations of its typical business. More specifically,
Licensee shall have access for purposes of cleaning, renovating, and making
modifications and improvements (°Licensee Renovations") and for storing materials
related to its business. This License is not coupled with an interest
3. License Term: This License is granted to Licensee as of the Effective Date and shall
extend until midnight on October 31, 2011 unless terminated as otherwise provided for
herein. It is the intention that the Parties will enter into a Lease Agreement on
November 1, 2011, which shall provide for the terms and conditions of the Licensee's
long term occupation of the premises. Notwithstanding the October 31,2011 expiration
date of the License, this License shall terminate or expire upon the occurrence of any
one,or more,of the following,whichever shall occur first:
a. Licensee changes the use of the property, or abandons its use of the License
Premises for a period of sixty(30)days;or,
b. Material default by Licensee in the performance of any of the terms, covenants or
conditions of this License, and in the failure of Licensee to remedy, or undertake to
remedy, to Licensor's reasonable satisfaction such default for a period of thirty (30)
days after receipt of Notice from Licensor to remedy same;or,
4. At such time as any of the aforementioned events occur, all rights granted herein in
favor of the Licensee shall automatically extinguish and the License Premises shall
revert fully to the Licensor as if this License had never been granted.
5. Liability / Indemnification: Licensee, its partners, officers, directors, employees,
representatives, attomeys, agents, successors and assigns Cindemnitors'7, shall save
and hold harmless the Licensor, its successors and/or assigns,from any and all liability
arising from injury to person or property during the term hereof, and do hereby release
and forever discharge Licensor for and from any and all Claims which lndemnitors ever
had, now have, or hereafter can, shall or may have against Licensor for, upon or by
reason of any matter, cause or thing, whatsoever, arising out of or related to the
Licensee's use of the Licensed Premises _(each- a "Released Claim"), said
indemnification limited by Licensee's applicable insurance coverages.
lndemnitors hereby covenant and agree to forever forbear from alleging, asserting,
bringing, commencing, instituting, maintaining, prosecuting or otherwise pursuing
against Licensor any Released Claim. Indemnitors further agree that this release may
be pleaded by the Licensor as a full and complete defense to any Released Claim that
may be alleged, asserted, brought, commenced, instituted, maintained, prosecuted or
otherwise pursued against Licensor.
Claims„ means any and all actions, adjudications, awards, causes of action, claims,
costs, damages (including, without limitation, consequential damages), demands,
2
expenses (including, without limitation, attorneys', consultants' and experts' fees and
disbursements actually incurred in investigating, defending, settling or prosecuting any
daim, litigation or proceeding), fees, fines, forfeitures, injuries, judgments, liabilities,
liens, losses, obligations, orders, proceedings, penalties, stop notices and suits of any
kind or of any nature whatsoever.
Licensor will not accept and explicitly renounces any liability of any nature for use of the
License Premises by the Licensee, its partners, officers, directors, employees,
representatives, attorneys, agents, successors and assigns. The Licensee
acknowledges and makes assurances, upon which the Licensor relies in granting this
License,that the Licensee will not open the Licensed Premises to any parties other than
those necessary to fulfill the express purposes of this License. Under no circumstances
shall the Licensed Premises be open to,or accessed by,the general public.
Nothing contained herein shall be construed to waive or modify the provisions of Florida
Statute 768.28 or the doctrine of sovereign immunity as to Licensor. In addition, nothing
contained herein shall be construed as creating third party beneficiaries or as consent
by the Licensor to be sued by third parties in any manner arising from this grant of
License.
6. Insurance: During the term of this License, Licensee shall procure and maintain, at its
sole cost and expense, the following policy or policies of insurance through firms
authorized to provide such insurance within the State of Florida:
a. Insurance:
1. Comprehensive General Liability Insurance on an"occurrence*basis in
an amount not less than $1,000,000 combined single-limit Bodily Injury
Liability and Property Damage Liability, with explosion exclusion
removed.
2. Workers'Compensation Insurance applicable to its employees for
statutory coverage limits,and Employers'Liability which meets all
applicable state and federal laws.
b. Additional insured
The City is to be specifically included as an additional insured on all
liability coverage shown in section 1 described above.
c. Notice of Cancellation or Restriction
All policies of insurance must be endorsed to provide the City with thirty
30)days' notice of cancellation or restriction.
3
d. Certificates of Insurance/Certified Copies of Policies
Prior to commencement of this License, the Licensee shall provide
the Licensor with a certificate or certificates of insurance showing the
existence of the coverage as required by this License. The Licensee will
maintain this coverage with a current certificate or certificates of insurance
throughout the term stated in the License.When specifically requested by
the Licensor in writing, the Licensee will provide the Licensor with certified
copies of all policies of insurance as required above. New certificates and
new certified copies of policies (if certified copies of policies are
requested) shall be provided to the Licensor whenever any policy is
renewed, revised, or obtained from other insurers.
e. The certificates and/or certified policies shall be sent or delivered to the
Risk Manager and addressed to: The address where such certificates and
certified policies shall be sent or delivered as follows:
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
7. Other Provisions: Integral to the rights and privileges herein granted,the parties further
agree as follows:
a. Licensee shall at all times maintain the License Premises in compliance with all
applicable City of Clearwater codes.
b. Licensee shall be responsible for direct costs associated with its occupation and
activities under this License, including but not limited to, all expenses for utilities
required for the operation and maintenance of the License Premises. K is the intent
of the Parties that the Licensor shall maintain its utilitiesaccounts which service the
Licensed Premises, with the Licensee reimbursing the Licensor for the total cost of
such utility expenses as a portion of its reimbursement of the Capital Expenditures
as defined in that certain Business Lease Contract to be entered into by the Parties
on or before November 1, 2011.
c. Licensee, at its sole expense, shall comply with all applicable Federal, State and
Local environmental laws, and shall not allow the storage, ece, disposal, or
discharge by itself or others, of any contaminants or hazardous materials as defined
in State, Federal or Local environmental laws on or about the License Premises.
d. If this License, or its operation, shall create any ad valorem or other tax obligations,
it shall be incumbent solely upon Licensee to timely discharge same.
4
8. Notice: Any notice given by one party to the other in connection with this License shall
be sent by certified mail, return receipt, with postage and fees prepaid, addressed as
follows:
If to Licensor. Rod Irwin,Assistant City Manager
City of Clearwater
P. O. Box 4748
Clearwater, Florida 337584748
If to Licensee: R. Nathan Hightower, Esquire
P.O. Box 4376
Clearwater, Florida 33758
9. (Quiet EniaMant Upon observing and performing the covenants, terms and conditions
required by this License, the Licensee shall peaceably and quietly hold and enjoy the
License Premises for the indeterminate term as stipulated herein,without hindrance or
interruption by Licensor. It is expressly understood and agreed that all rights of
ownership of the License premises not inconsistent with the license rights herein
conveyed to Licensee are reserved to Licensor.
10. Entire Agreement: This License contains all of the terms, conditions and covenants
binding the parties hereto. There are no other terms, conditions, covenants or
understandings, either written or oral, binding upon the parts unless expressed herein
in writing, or subsequently addended hereto by mutual agreement of the parties.
IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their hands
and seals the day and year first above written.
Signed,sealed and delivered Clearwater Marine Aquarium,Inc.
In the o#:
By: X 46
1
Witness signature
Print Name :DA z P.
I
vk?-"
L. Title
P nt itness name
r/
Wkiess signature
V,40, V.6w (9
Print Witnes namb
5
Countersigned: CITY OF CLEARWATER,FLORIDA
11/ .
By:
Frank V. Hibbard, Mayor Wi iam B. Home, 11,City Manager
Approved as to form: Attest:
S Olt
Pamela Akin, City Attomey Rosemarie Call, City C a
6
I. Capital Renovation Costs
A. Building Repairs/Renovations BUDGtT
Ceiling Tiles&Interior walls 4,597
Completed
A/C Cleaning and Repair 10,000
Start this week
Fresh Air System Cleaning and Code Update 25,000
Start this week
Wall Demolition,Partitions and Emergency Exit $ 10,000
80%Complete
Install Double Doors—West Wall Exit 51000
60%Complete
Inspect Fire Alarm System and Install Voice
Evacuation System 20,000
20%Complete
Inspect and Repair Sprinkler System 10,000
40%Complete
Install Fencing,Concrete Ramp,Parking Deck 81000
Start this week
Roof Repairs S800
100%Complete
Subtotal:93,397
B. Parking Improvements 6,150
C. landscaping and Grounds 7.500
Subtotal:107,047
It. EstiMMW Interim OoeMUnt Costs
A. City of Clearwater Utilities 900
B. Progress Energy 15.750
Subtotal 16,650
TOTAL: 123,697
EXHIBIT C
ESTIMATED
Non Recurring Expenses(Bulldina°Modifications at Exhibit sulid out)
As of 8/31/11
lorralne's Home/Garage 80,000
Grand Hail Touch Tank 2,000
Gift Shop Dlspiays 5,000
Check out counters 2,000
POS Terminals 10,000
Computers 1,200
Exhibit Signage 20,000
Sound System/PA 51000
Office furniture 2.500
Total Non-recurring Expenses 127,700
Exhibit D
FIRST AMENDMENT TO BUSINESS LEASE CONTRACT
THIS FIRST AMENDMENT TO BUSINESS LEASE CONTRACT, entered into this day
of :J'4 L 2012, ("Effective Date") between the CITY OF CLEARWATER, FLORIDA, a
Florida mu icipal corporation, having its principal place of business at 112 South Osceola Avenue,
Clearwater, FL. 33756, as Lessor, and CLEARWATER MARINE AQUARIUM, INC, a Florida non-
profit corporation, having its principal place of business at 249 Windward Passage, Clearwater, FL
33767, as Lessee (each individually referred to herein as "Party" or collectively as the "Parties").
WITNESSETH:
WHEREAS, Lessor and Lessee entered into that certain Business Lease Contract dated
September 12, 2011 (herein "Lease"); and,
WHEREAS, Lessor and Lessee agree to amend the Lease under the terms and conditions
contained herein;
NOW, THEREFORE, the Parties in consideration of the undertakings, promises and
agreements herein contained, agree and covenant with each other as follows:
Paragraph 14. INSURANCE is deleted in its entirety and replaced with the following:
14. INSURANCE.
Lessee agrees to provide at its sole cost and expense the following policy or policies of
insurance through firms authorized to provide such insurance within the State of Florida:
a. Insurance
The applicant shall furnish, pay for, and maintain during the life of the contract with the City the
following liability coverage:
1. Comprehensive General Liability Insurance on an "occurrence" basis in an amount
not less than $1,000,000 combined single-limit Bodily Injury Liability and Property
Damage Liability, with explosion exclusion removed.
2. Business Automobile Liability insurance in the amount of at least $1,000,000,
providing Bodily Injury Liability and Property Damage Liability.
3. Workers' Compensation Insurance applicable to its employees for statutory
coverage limits, and Employers' Liability which meets all applicable state and federal
laws.
b. Additional Insured
The City is to be specifically included as an additional insured on all liability coverage shown in
sections 1 and 2 described above.
c. Notice of Cancellation or Restriction
All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of
cancellation or restriction.
d. Certificates of Insurance/Certified Copies of Policies
Prior to commencement of the Lease, the applicant shall provide the City with a
certificate or certificates of insurance showing the existence of the coverage as required by
this Lease. The applicant will maintain this coverage with a current certificate or certificates of
insurance throughout the term stated in the proposal. When specifically requested by the City
in writing, the applicant will provide the City with certified copies of all policies of insurance as
required above. New certificates and new certified copies of policies (if certified copies of
policies are requested) shall be provided to the City whenever any policy is renewed, revised,
or obtained from other insurers.
e. The certificates and/or certified policies shall be sent or delivered to the Risk Manager and
addressed to: The address where such certificates and certified policies shall be sent or
delivered as follows:
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
AS TO LESSEE:
CLEARWATER MARINE AQUARIUM, INC.
By:
Davidd P
BY.
rank Dame, Executive Vice President
Page 2 of 3
AS TO LESSOR:
CITY OF CLEARWATER, FLORIDA
Countersigned:
c eoryc n cccy6v By:v
George N. Cretekos, Mayor William B. Horne II, City Manager
Approved as to form: Attest:
Laura Lipowski Mahony, Ass ant City Attorney Rosemarie Call, Cit
ATE
Page 3 of 3
BUSINESS LEASE CONTRACT
THIS LEASE CONTRACT, entered into this 3 2'` day of , 2012,
Effective Date") between the CITY OF CLEARWATER, FLORIDA, a Florida unicipal corporation,
having its principal place of business at 112 South Osceola Avenue, Clearwater, FL. 33756, as
Lessor, and CLEARWATER MARINE AQUARIUM, INC, a Florida non-profit corporation, having its
principal place of business at 249 Windward Passage, Clearwater, FL 33767, as Lessee (each
individually referred to herein as "Party" or collectively as the "Parties").
WITNESSETH:
WHEREAS, Lessee Currently occupies space in Harborview Center by virtue of that certain Business
Lease Contract with Lessor dated September 12, 2011; and,
WHEREAS, Lessee desires to occupy additional space in Harborview Center for use as storage;
NOW, THEREFORE, the Parties in consideration of the undertakings, promises and agreements
herein contained, agree and covenant with each other as follows:
That Lessor does lease and Lessee agrees to lease the following premises, a portion of what
is commonly known as the "Harborview Center" addressed at 320 Cleveland Street, Clearwater,
Florida, all being more specifically described as follows:
A portion of the first (or "bottom") floor of the Harborview Center, depicted in Exhibit "A"
and Exhibit "A-1" attached hereto and by this reference, made a part hereof, containing
5,314 square feet, more or less, of interior floor area, measured to the unfinished interior
surFaces of its perimeter walls, which is a portion of:
EDWARD MILL'S SUBDIVISION, Lot 3 Less Street, and Lots 4 and 5, ROMPON'S &
BASKINS CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT, as recorded in
Plat Book 57, Pages 1 and 2 of the public records of Pinellas County, Florida, and part
of SUNSET COURT, all described as beginning at the Northeast corner of Block 1 of
aforesaid ROMPON'S & BASKIN'S CORRECTED MAP OF CAUSEWAY BUSINESS
DISTRICT; thence South 224.38 feet; thence West 566.62 feet; thence along the arc of
a curve to the right, 197.75 feet; radius 679.20 feet, cord bearing N82°W, 197.10 feet;
thence N05°W, 189.48 feet; thenceNO3°West, 171.34 feet; thence along the arc of a
curve to the right, 84.23 feet, radius 743.35 feet, cord bearing NO3°E, 84.18 feet; thence
East, 422.97 feet; thence along the arc of a curve to the right, 67.22 feet, radius 163.84
feet, cord bearing N60°E, 66.75 feet; thence South100.31 feet; thence East 291.48 feet;
thence South 183.27 feet to the point of beginning.
Such property shall hereinafter be referred to as the "Leased Premises" or the "Demised
Premises" or the "Leased Property."
1. APPROVAL BY THE LESSOR
This Business Lease Contract ("Lease") shall be effective upon execution by Lessee and the
City Manager of the City of Clearwater, Florida, however is expressly subject to ratification and
approval by the City Council (Council) at its next available duly organized meeting. If Council
approves and ratifies the Lease, then the Lease will continue in full force and effect in accordance
with the terms and conditions contained herein. If Council denies the Lease, then this Lease will
immediately be terminated immediately, and null and void in its entiriety, but for terms expressly
intended to survive termination. Lessor will vacate the Leased Premises immediately and remove all
personal property within one week of the Council's denial of this Business Lease Contract.
2. LEASE TERM.
Subject to Council ratification and approval, the term of this Lease shall commence upon
Lessee satisfying certain conditions precedent to occupation of the Leased Premises as set forth
herein and after execution by all Parties hereto, and shall continue until midnight on the 31st day of
October, 2012 (herein called the "Initial Term"). The Lessee shall have the option to extend the term
of this Lease for one (1) successive period of twelve (12) months; and thereafter, one (1) successive
period of six (6) months (each such period is included in the term "Extended Term"). No such
renewal or extension shall be deemed a waiver by Lessor of any breach or default which may then
exist. The extended term shall be upon the same conditions and terms, and the rent shall be
determined and payable, as provided in this agreement, except that there shall be no privilege to
extend the term beyond the expiration of the Extended Term period as hereinabove specified. The
Lessee shall exercise the option for an Extended Term by notifying the Lessor in writing at least two
2) calendar months prior to the expiration of the then current term. Upon such exercise, this Lease
shall be deemed to be extended without the execution of any further lease or other instrument.
3. RENT.
The Lessee, may occupy only that portion of the Leased Premises depicted in Exhibit "A-1 ",
attached hereto and incorporated herein, until such time as the Necessary Improveme nts (as defined
in paragraph 4) have been completed and a Certificate of Occupancy issued by the Building
Department of the City of Clearwater. Lessee agrees to pay and the Lessor agrees to accept as
Rent" during the initial term of this Lease the annual sum of Six Thousand Two Hundred Forty and
00/100 Dollars ($6,240.00) for that portion of the Leased Premises depicted in Exhibit "A-1 ". Upon
issuance of the Certificate of Occupancy for the remaining portion of the Leased Premises as
depicted in Exhibit "A", Lessee may occupy said premises and agrees to pay a total annual sum of
Twenty-One Thousand Two Hundred Fifty-Six Dollars ($21,256.00) total for the Leased Premises
depicted in Exhibits "A" and "A-1 ". All Rents due are payable monthly, prior to the first day of each
month the first such installment being payable prior to Lessee's occupancy. If Lessee's first day of
occupancy does not fall on the first day of a month, Lessee will pay in advance of that partial month,
beginning with the day of occupancy, a rate of Seventeen and 00/100 Dollars ($17.00) per day for
occupancy of the space depicted in Exhibit "A-1" and Fifty-Eight and 00/100 Dollars ($58.00) per day
commencing with Lessee's occupancy of space depicted in Exhibits "A" and "A-1" for the remainder
of said month. All subsequent payments shall be paid with monthly installments being payable in
advance at the beginning of each successive monthly rental period thereafter. Lessee covenants with
Lessor that Lessee shall unequivocally, timely and without reservation or exception, full comply with
all the provisions hereof, and the obligations imposed herein. Lessee's failure to timely comply with
any or all of the provisions hereof shall be deemed a material default and subject to provisions of
Paragraph 20. DEFAULT; REMEDIES; TERMINATION BY LESSOR. Lessee acknowledges that in
addition to those costs specifically set out herein, Lessee shall be responsible for any and all direct
costs resulting from, or incident to, its occupation hereunder. In no event shall Lessor be responsible
for any costs directly resulting from Lessee's occupation and use as provided for herein.
Page 2 of 12
4. IMPROVEMENTS TO PROPERTY BY LESSOR.
Lessee agrees to pay Lessor to make repairs and improvements necessary for Lessee's
occupancy (herein called "Necessary Improvements") to that portion of the Leased Property depicted
in Exhibit "A" attached hereto. The total cost of Necessary Improvements is estimated at Two
Thousand and 00/100 Dollars ($2,000). Following completion of the Necessary Improvements by
Lessor and prior to occupancy by Lessee, Lessee will reimburse Lessor for actual costs of
constructing the Necessary Improvements as evidenced by an invoice or invoices. Necessary
Improvements are listed below:
Firewall rated at 2 hours to be constructed at the end of the southwest hallway to secure
the area from the rest of the building
Firewall rated at 2 hours to be constructed in the hallway (define?) above the former
office space
Doors and associated hardware will be installed as determined necessary by Lessor.
5 DI V IINDOWS TO BE COV 2ED BY SE E_ ,,
ig _ nc.
Lessee may o indows in the Leased Premises a l and met hod used by Lessee to cover
the windows shall be approved by Lessor, and shall be in accordance with City of Clearwater Code of
Ordinae e Upon termination of this Lease, said window coverings shall be removed and the
window re red to the condition which existed prior to Lessee's occupancy of the Leased Premises.
6. USE OF PREMISES.
The premises are leased to Lessee solely for the following uses and no other use can be made
of the premises during the term without the written consent of the Lessor: The Leased Property shall
be used for storage of items associated with general business activities of the Clearwater Marine
Aquarium .
6. UTILITIES.
Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee and are
or shall be individually metered for the subject premises. All deposits for such utilities shall be the
sole responsibility of Lessee. The Lessee acknowledges that only the Leased Premises area
depicted in Exhibit "A-1" is air conditioned and that the Leased Premises area depicted in Exhibit "A"
is not air conditioned. The Lessee accepts these existing conditions and Lessor shall have no
obligation to make any improvements whatsoever.
8. MAINTENANCE AND TAXES.
Other than Lessor's Necessary Improvements , as expressly provided for herein, Lessee shall,
at its own expense, maintain in good repair and in good and safe condition all improvements on,
about and within the Leased Premises, incl ding, but without limiting the generality of the foregoing,
all structural improve nt i t oof, doors, plate glass, windows and their respective
hardware, all plumbin d electrical fixtures, regardless of how the necessity or
desirability of repairs may occur, and hether or not required by wear and tear, obsolescence,
ge3of12
accidents or otherwise. Except as may be otherwise provided for in this Lease, Lessor has no
obligations to make repairs on, about or within the Leased Premises, or to paint, decorate or
redecorate same. Lessee shall be responsible for all real and personal property taxes as may be
assessed specifically applied against the Leased Premises during the lease term, and shall promptly
pay same when due.
9. OBSERVANCE OF LAWS AND ORDINANCES.
Lessee agrees to observe, comply with and execute promptly at its expense during the term
hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of
governmental authorities and agencies and of insurance carriers which relate to its use or occupancy
of the Demised Premises.
10. ASSIGNMENT OR SUBLEASE.
Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage,
pledge, or encumber this Lease, in whole or in part, or sublet the premises or any part thereof.
Lessor may refuse such consent to sublet in its sole discretion. This covenant shall be binding on the
legal representatives of Lessee, and on every person to whom Lessee's interest under this Lease
passes by operation of law, but it shall not apply to an assignment or subletting to the parent or
subsidiary of a corporate lessee or to a transfer of the leasehold interest occasioned by a
consolidation or merger involving such lessee.
If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in default
hereunder, or if this Lease is assigned by Lessee, Lessor may collect rent from the assignee,
subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such
collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the
acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further
perFormance of the covenants herein contained.
11. ALTERATIONS AND IMPROVEMENTS.
Other than as expressly provided for herein, the Lessee shall not make any structural
alterations or modifications or improvements which are part of the Leased Property without the
written consent of the Lessor, and any such modifications or additions to said property shall become
the property of the Lessor upon the termination of this Lease or, at Lessor's option, the Lessee shall
restore the Leased Property at Lessee's expense to its original condition. The restrictions of this
paragraph shall not apply to maintenance of the Leased Property, but shall apply to any change
which changes the architecture or purpose of the property or which changes any of the interior walls
of the improvements or which annexes a fixture to any part of the Leased Property which cannot be
removed without damage thereto. In the event Lessee desires to make any alterations or
modifications, written notice shall be given to the Lessor. Unless the Lessor objects to such
proposals by notice to Lessee within twenty (20) days after written notice from Lessee, the proposal
shall be deemed approved. Lessee shall have no power or authority to permit mechanics' or
materialmen's liens to be placed upon the Leased Property in connection with maintenance,
alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge
any mechanic's liens for materials or labor claimed to have been furnished to the premises on
Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's expense, remove all
of Lessee's personal property and those improvements made by Lessee which have not become the
Page 4 of 12
property of Lessor, including trade fixtures and the like. All property remaining on the premises after
the last day of the term of this Lease shall be conclusively deemed abandoned and may be removed
by Lessor and Lessee shall reimburse Lessor for the cost of such removal. The Parties hereto
acknowledge and agree that it is the Lessee's intent to apply immediate improvements to the
premises to render the Demised Premises useable for Lessee's purposes. Lessee shall provide
detailed written notice of said improvements which are additional to Lessor's Necessary
Improvements, and seek Lessor's approval as provided for in this paragraph, prior to proceeding to
install same. In no event shall Lessor be liable to reimburse Lessee for such improvements.
12. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the Lessee or
owner thereof. Lessee acknowledges that Lessor will not insure Lesee's personal property. The
Lessor shall not be responsible or liable to the Lessee for any loss or damage that may be
occasioned by or through the acts or omissions of persons occupying adjoining premises or any part
of the premises adjacent to or connected with the premises hereby leased or any part of the building
which the Leased Premises are a part of for any loss or damage resulting to the Lessee or its
property from bursting, stopped up or leaking water, gas, sewer or steam pipes.
13. RIGHT OF ENTRY.
The Lessor, or any of its agents, shall have the right to enter said premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as may be
deemed necessary for the safety, comfort, or preservation thereof. Should Lessee default in any of
its maintenance responsibilities as heretofore provided, all costs and charges for which Lessor shall
invoice to Lessee for reimbursement shall be paid within 15 days following receipt. The right of entry
shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions,
which do not conform to this agreement.
14. RESTORING PREMISES TO ORIGINAL CONDITION.
In addition to the Necessary Improvements provided for herein, Lessee acknowledges and
represents that the premises leased are in need of certain improvements for which Lessee shall
submit written notice in accordance with Paragraph 11 herein, seeking approval of Lessor to conduct
and install such improvements. Lessee's acceptance or occupancy of the Leased Premises shall
constitute recognition of such condition. Lessee hereby accepts the premises in the "AS IS
CONDITION" they are in at the beginning of this Lease and agrees to maintain said premises in the
same condition, order and repair as they are at the commencement of said term, and to return the
premises to their original condition at the expiration of the term, excepting only reasonable wear and
tear arising from the use thereof under this agreement. The Lessee agrees to compensate and
reimburse said Lessor immediately upon demand, any damage to water apparatus, or electric lights
or any fixture, appliances or appurtenances of said premises, or of the walls or the building caused
by any act or neglect of Lessee or of any person or persons in the employ or under the control of the
Lessee should Lessee fail for any reason to remedy or repair such damage immediately upon
demand.
15. INSURANCE.
Page 5 of 12
Lessee agrees to provide at its sole cost and expense the following policy or policies of
insurance through firms authorized to provide such insurance within the State of Florida:
a. Insurance
The applicant shall furnish, pay for, and maintain during the life of the contract with the City the
following liability coverage:
Comprehensive General Liability Insurance on an "occurrence" basis in an amount
not less than $1,000,000 combined single-limit Bodily Injury Liability and Property
Damage Liability, with explosion exclusion removed.
2. Business Automobile Liability insurance in the amount of at least $1,000,000,
providing Bodily Injury Liability and Property Damage Liability.
3. Workers' Compensation Insurance applicable to its employees for statutory
coverage limits, and Employers' Liability which meets all applicable state and federal
laws.
b. Additional lnsured
The City is to be specifically included as an additional insured on all liability coverage shown in
sections 1 and 2 described above.
c. Notice of Cancellation or Restriction
All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of
cancellation or restriction.
d. Certificates of Insurance/Certified Copies of Policies
Prior to commencement of the Lease, the applicant shall provide the City with a
certificate or certificates of insurance showing the existence of the coverage as required by
this Lease. The applicant will maintain this coverage with a current certificate or certificates of
insurance throughout the term stated in the proposal. When specifically requested by the City
in writing, the applicant will provide the City with certified copies of all policies of insurance as
required above. New certificates and new certified copies of policies (if certified copies of
policies are requested) shall be provided to the City whenever any policy is renewed, revised,
or obtained from other insurers.
e. The certificates and/or certified policies shall be sent or delivered to the Risk Manager and
addressed to: The address where such certificates and certified policies shall be sent or
delivered as follows:
City of Clearwater
P.O. Box 4748
Page 6 of 12
Clearwater, FL 33758-4748
16. Radon Gas Notification, as required by Florida Statute 404.056(5) is to be
inserted in all contracts for sale, purchase or rental of real property.
Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, 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 radon testing may be obtained from your county health
unit.
17. DESTRUCTION OF PREMISES.
In the event that the building should be partially or totally destroyed by fire, earthquake,
hurricane or other natural cause, the Lessor shall have no obligation whatsoever to repair or rebuild
the Premises.
Lessee may either terminate the Lease or undertake to rebuild or repair at Lessee's expense,
in Lessee's sole discretion. Lessee may terminate the Lease from the date of occurrence of such
event through the remainder of the term. If Lessee elects to continue in occupancy and pursue
repair and rebuild of the Premises, Lessee shall restore the Premises to a condition as near as
practicable to the condition prior to the event. In no event shall the destruction of the Premises relieve
the Lessee of its obligation to reimburse Lessor for Necessary Improvements which have already
been made.
18. RESERVATION BY LESSOR.
Throughout the term hereof Lessor reserves unto itself during and throughout certain
scheduled public events, including but not limited to those set forth below, within Coachman Park and
its environs, the exclusive right and privilege of full and unimpeded use of all parking within the
Demised Premises together with ingress and egress thereto.
Superboat Offshore National Championship — September 29t" through October 2nd
Hispanic Heritage Festival — October 10fn
Clearwater Jazz Holiday — October 14t" through October 17tn
Christmas Under The Oaks — November 13t" and November 14tn
Otherwise, Lessee shall have non-exclusive use of the public parking lots to the Nortfi and West of
the Leased Premises, without charge, on a first-come, first-served basis.
19. SUBORDINATION.
This Lease and the rights of the Lessee hereunder are hereby made subject and subordinate
to all bona fide mortgages or other instruments of security now or hereafter placed upon the said
premises by the Lessor provided, however, that such mortgages and other instruments of security will
not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The
Lessee further agrees to execute any instrument of subordination which might be required by
mortgagee of the Lessor.
Page 7 of 12
20. DEFAULT; REMEDIES; TERMINATION BY LESSOR.
a) Lessee further covenants that if the Lessee shall violate or default upon any of the
covenants, provisions, terms, conditions and obligations imposed on Lessee upon entering into this
Lease, and shall fail to correct such violation or default within fifteen (15) days after a written request
by the Lessor to do so, then the Lessor may, at its option, deem this Lease terminated, and Lessee
shall become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the
premises as provided by law.
b) In case the Leased Property shall be abandoned, as such term is defined by Florida
Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may
i) re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable
to any prosecution or claim therefore, and may relet the Leased Property as the agent of the Lessee
and receive the rent therefore and apply the same to the payment of such expenses as Lessor may
have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise
changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it
shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost
and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor
may, at its option, terminate this Lease by giving the Lessee fifteen (15) days written notice of such
intention served upon the Lessee or left upon the Leased Property, and the term hereof shall
absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but
the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between the
rent due hereunder for the balance of the term of this Lease and the rent actually received by Lessor
from the Leased Property for the balance of said term.
c) Lessor, at its option, may terminate this Lease as for a default upon the occurrence of any
or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of a
voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating
Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent
bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy
of the Lessee. Each of the foregoing events shall constitute a material default by Lessee and breach
of this Lease.
d) Lessor, at its option, may terminate this Lease in the event the City Council determines at
a duly constituted City Council meeting that the Leased Premises are needed for other municipal
purposes and serves Lessee with sixty (60) days notice of such intended use.
e) Both the Lessor and Lessee shall be entitled to all remedies as provided by law.
21. TERMINATION BY LESSEE
Lessee may terminate this Lease anytime during the Initial Term or Extended Term of this
Lease upon thirty (30) days written notice to Lessor.
Page 8 of 12
22. MISCELLANEOUS.
a) Lessor shall have the unrestricted right of assigning this Lease at any time, and in the
event of such assignment, the Lessor shall be relieved of all liabilities hereunder.
b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and
assigns and successors of the Lessee.
c) It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
d) It is understood and agreed befinreen the parties hereto that written notice sent by certified
or registered mail, overnight/express carrier with signature required, or hand delivered to the
premises leased hereunder, shall constitute sufficient notice to the Lessee, and written notice sent by
certified or registered mail, overnight/express carrier with signature required, or hand delivered to the
office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this
contract.
e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of
the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said
rights.
fl It is hereby understood and agreed that Lessee shall use no signs in connection with the
premises hereunder, except as same shall comply with provisions of Article 3, Division 18 of the City
of Clearwater Land Development Regulations, as may be amended from time to time, and other
applicable law, and such signs as Lessee may place inside the building, which signs shall be subject
to the prior approval of the Lessor.
g) It is understood that no representations or promises shall be binding on the parties hereto
except those representations and promises contained herein or in some future writing signed by the
party making such representations or promises.
23. ESTOPPEL LETTER.
In the event Lessor shall obtain a loan from an institutional lender,
a requirement of such loan, the Lessee agrees to execute an estoppel
verifying the standing of the Lease, the terms thereof, and all amounts
other matters as may be reasonably requested.
24. INDEMNIFICATION.
and if the following shall be
letter in favor of the lender
paid thereunder and such
The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by
the Lessor arising out of or related to the Leased Premises or Lessee's use or occupancy thereof, to
include but not being limited to (a) failure by the Lessee, or its agents, to perForm any provision, term,
covenant or agreement required to be performed by the Lessee under this agreement; (b) any
occurrence, injury or personal or property damage which shall happen in or about the Leased
Property or appurtenances resulting from the condition, maintenance, construction on or of the
Page 9 of 12
operation of the Leased Property; (c) failure to comply with any requirements of any governmental
authority or insurance company insuring the Leased Property or its contents; (d) any security
agreement, conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its
obligations or operations, filed against the Leased Property, fixtures, equipment or personalty therein;
and (e) any construction, work, alterations or improvements by Lessee on the Leased Property.
Such indemnification shall include reasonable attorney's fees for all proceedings, trials and appeals
and shall survive termination of this Lease.
25. "AS IS" CONDITION.
Lessee accepts the Leased Premises on an "as is" basis and Lessor shall have no obligation
to improve or remodel the Leased Premises other than as specified in paragraph 4 above.
26. CONSTRUCTIVE EVICTION.
Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee
shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the
complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such
notice to remedy such conditions.
Y 1_T:Ti 7: /_1 :1 :
Lessee shall either obtain or perForm janitorial services for the Leased Premises at its
expense.
28. SEVERANCE.
The invalidity or unenforceability of any portion of this Lease shall in nowise affect the
remaining provisions and portions hereof.
29. CAPTIONS.
The paragraph captions used throughout this Lease are for the purpose of reference only and
are not to be considered in the construction of this Lease or in the interpretation of the rights or
obligations of the parties hereto.
30. NO HAZARDOUS MATERIALS.
The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or
other hazardous substances will be used, handled, stored or otherwise placed upon the property or,
in the alternative, that such materials, wastes or substances may be located on the property, only
upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with
any and all applicable state and federal laws and ordinances. In the event such materials are
utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to
indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may
be assessed against Lessor in connection with or otherwise relating to said hazardous materials,
wastes or substances at anytime, without regard to the term of this Lease. This provision shall
survive the termination of this Agreement.
Page 10 of 12
31. CONFORMANCE WITH LAWS.
Lessee agrees to comply with all applicable federal, state and local laws during the life of this
Contract.
32. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then the
parties agree that each party shall bear its own attorney fees and costs.
33. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract; any action brought by either party
shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
AS TO LESSEE:
AS TO LESSOR:
CLEARWATER MARINE AQUARIUM, INC.
By:
David
Frank Executive Vice President
CITY OF C ARWATER, FL.ORIDA
BY: \
William B. Horne 11 6.ty Manager
ATTEST:
Rosemarie Call, City Clerk
Page 11 of 12
Countersigned:
P Or1c n C t S
George N. Cretekos, Mayor
Approved as to form:
U 1-
Laura Lipowski Mahony, As stant City Attorney
CITY OF CLEARWATER, FLORIDA
By: -
William B. Horne II, City Manager
Attest:
Page 12 of 12
G22 C:''
Rosemarie Call, City
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ACORD CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDD/YYYY)
6/25/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAMEAC Lisa Fanning
BB&T - Iler Wall & Shonter PHONE 727 327-7070 aC, No : 8886328451A/C, No Ext :
12485 - 28th Street North E-MAIL
ADDRESS:
Saint Petersburg, FL 33716 INSURER(S) AFFORDING COVERAGE NAIC #
727 327-7070 iNSURERA: FFVA Mutual Insurance Company 10385
INSURED INSURER B: OW11@ S I11SUI'811C@ COfllp811/ 32700
Clearwater Marine Aquarium Inc INSURER C :
249 Windward Passage ---- - -----
Clearwater, FL 33767
iNSUReR o: _ _ _ _
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TRR TYPE OF INSURANCE NSR VWD POLICY NUMBER MM/DDY MM/DDY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY PREMISESEaoccuDnce $
CLAIMS-MADE OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERALAGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
POLICY ECT C $ -- -----
COMBWEDSINGIELIMIT
B AUTOMOBILE LIABILITY 4857348300 9/30/2011 09/30/201 ea accident _ g1,000 000 __
ANY AUTO BODILY INJURY (Perperson) $_ _____
ALL OWNED X SCHEDULED BODILY INJURY (Peraccident) $
AUTOS AUTOS
X HIREDAUTOS x NON-OWNED Per acc,
denDAMAGE $
AUTOS
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION $ $ —
A WORKERSCOMPENSATION WC84000218892012A 4/01/2012 04/01/201 X W yATU- OTH- —
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
Y N
E.L. EACH ACCIDENT $SOO OOO
OFFICER/MEMBER EXCLUDED? N / A
Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $J0,00
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $rJOO,OOO
DESCRiPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 107, Additfonal Remarks Schedule, if more space Is required)
City of Clearwater is listed as Additional Insured.
Clt of Clearwater SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
P.O. Box 4748 ACCORDANCE WITH THE POLICY PROVISIONS.
Clearwater, FL 33758
AUTHORIZED REPRESENTATIVE
1---
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD __
ur iu: tsK
R° CERTIFICATE OF LIABILITY INSURANCE DATE MMlDD1YWY)
06/26/12
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate dces not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 727-447-6481 CONTACT
Bouchard-Clearwater NAME:
101 Starcrest Drive 727-449-1267 ac°Nro eM : Fvc, No :
P O BOX BO9O E-MAIL
Clearwater, FL 33758-6090 ADDRESS:
Josh Bouchard ROO MER,o•CLEA-37
INSUREO Clearwater Marine Aquarium
Mr. David Yates
249 Windward Passage
Clearwater, FL 33767
INSURER S) AFFORDING COVERAGE NAIC #
r,suReRn:Scottsdale Insurance Company 41297
NSUReRS:lndemnity Ins Co of North Amer 43575
NSUReRC:Aspen Specialty Insurance Co 10717
r,suReRO:Travelers Insurance Company 87726
NSURea e: United States Liability Ins Co
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAtN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITSLTRPOLICYNUMBERMM/DD/YYYY MM/DD/YYYY
GENERAL LIABILITY EACH OCCURRENCE $ 'I OOO,OO
A X COMMERCIAL GENERAL LIABILITY X CPS1240107 10/01/11 10/01/12 pREMISES Ea occurrence $ 100,00
CLAIMS-MADE a OCCUR MED EXP (Any one person) $ 5,
B X P&Ilnsurance HUN00876008008 /0/ 10/01/12 pERSONAL&ADVINJURY $ ,r 0
GENERALAGGREGATE $ Z,OOO,OO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Z OOO OO
X Poucr PR LOC P&I Liabi $ 1,000,00
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident)
ANY AUTO BODILY INJURY (Per person) $
ALL OWNED AUTOS BODILY INJURY (Per accident) $
SCHEDULED AUTOS PROPERTY DAMAGE $
HIRED AUTOS (Per accident)
NON-OWNED AUTOS $
UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9 000 00
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 9 000 00
C CXA61 QY11 10/01/11 10/01 /12
DEDUCTIBLE $
X RETENTION $ NONE $
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS' LIABILITY Y N
TORY LIMITS ER _.
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N A
Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTIO OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
p ERISA Bond $10,000 105420842 03/23/10 03/23/13 Umb Not Over Thi
E D&O $5,000,000 ND01042863H 10/01/11 10/01/12 Umb Not Over Thi
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES1Attach ACORD 101, Additional Remarks Schedule ifmore s ace is required) RE• RENTAL SPACE AT HARBORVIEW CENTER 320 CLEVELAND STREET, G'LEARY IATER,
FLbRIDA - CITY OF CLEARWATER IS ADDITIONAL INSURED ON GENERAL LIABILITY
ONLUY IF REQUIRED BY WRITTEN CONTRACT AND SUBJECT TO TERMS, CONDITIONS AND
LIMITS AS SPECIFIED IN THE POLICY.
CERTIFICA
CITY OF CLEARWATER
112 S. OSCEOLA AVE
CLEARWATER, FL
CITY OF
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
1 .r' ` V `....
O 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ANX2015-04009
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1766 Owen Drive; and pass Ordinances 8716-15, 8717-15 and 8718-15 on
first reading. (ANX2015-04009)
SUMMARY:
This voluntary annexation petition involves a 0.187-acre property consisting of one
parcel of land occupied by a single-family dwelling. It is located on the west side of
Owen Drive, approximately 960 feet north of SR 590. The applicant is requesting
annexation in order to receive sanitary sewer and solid waste service from the City.
The property is not contiguous to existing city boundaries; however, it is in an enclave
surrounded by city property on all sides (Type A) and is eligible for annexation
pursuant to the Interlocal Service Boundary Agreement with Pinellas County. It is
proposed that the property be assigned the Future Land Use Map designation of
Residential Low (RL) and the zoning category of Low Medium Density Residential
(LMDR).
The Planning and Development Department determined that the proposed annexation
is consistent with the provisions of Clearwater Community Development Code Section
4-604.E as follows:
·The property currently receives water service from Pinellas County. Collection
of solid waste will be provided to the property by the City. The closest sanitary
sewer line is located in the adjacent Sandy Lane right-of-way. The applicant
has paid the City’s sewer impact and assessment fees in full, and is aware of
the additional costs to extend City sewer service to this property. The property
is located within Police District III and service will be administered through the
district headquarters located at 2851 McMullen Booth Road. Fire and
emergency medical services will be provided to the property by Station 48
located at 1700 North Belcher Road. The City has adequate capacity to serve
the property with sanitary sewer, solid waste, police, fire and EMS service. The
property will continue to receive water service from Pinellas County. The
proposed annexation will not have an adverse effect on public facilities and
their levels of service; and
·The proposed annexation is consistent with and promotes the following
Page 1 City of Clearwater Printed on 6/11/2015
File Number: ANX2015-04009
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be
promoted through application of the Clearwater Community
Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the
annexation of a variety of land uses located within the Clearwater
Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
·The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property. The
Residential Low (RL) designation primarily permits residential uses at a density
of 5 units per acre. The proposed zoning district to be assigned to the property
is the Low Medium Density Residential (LMDR) District. The use of the subject
property is consistent with the uses allowed in the Low Medium Density
Residential (LMDR) District and the property exceeds the District’s minimum
dimensional requirements. The proposed annexation is therefore consistent
with the Countywide Plan and the City’s Comprehensive Plan and Community
Development Code; and
·The property proposed for annexation is not contiguous to City boundaries but
is located in a Type A enclave and is therefore consistent with the Interlocal
Service Boundary Agreement authorized by Florida Statutes Chapter 171.204.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 6/11/2015
Ordinance No. 8716-15
ORDINANCE NO. 8716-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF OWEN DRIVE
APPROXIMATELY 960 FEET NORTH OF SR 590, WHOSE
POST OFFICE ADDRESS IS 1766 OWEN DRIVE, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 34, Pinellas Terrace, a subdivision according to the plat thereof recorded at Plat
Book 49, Page 52, in the Public Records of Pinellas County, Florida.
(ANX2015-04009)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida,
within 7 days after adoption, and shall file a certified copy with the Florida Department of
State within 30 days after adoption.
Ordinance No. 8716-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
PROPOSED ANNEXATION MAP
Owner(s): Kevin W. Prina Case: ANX2015-04009
Site: 1766 Owen Drive
Property
Size(Acres):
ROW (Acres):
0.187
N/A
Land Use Zoning
PIN: 05-29-16-71424-000-0340
From : RL R-3
Atlas Page: 264A To: RL LMDR
50 50 50 60 60
60
60
50
50
50 50
50
60
66 66
66
66
50 605047
66
71
4
4
2
71424
94392
94374
L
AA
7 6 6 5
3
3
13
14
15 161718192021 22 23 24 25 2627 1 2 3 45 6
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 1 23456 7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
2223
24
25
26
27
28
29
30
31
32
33
34
35
3637
38
39
40
41
42
43
44
45
46
47
48
49
5051
52
53
54
55
56
57
58
59
60
61
62
63
6465
66
67
68
69
70
71
72
73
74
75
76
77
78 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 111213141516
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1516
17
18
19
20
21
22
23
24
25
26
27
28
29
30
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
1
33/03
33/051
33/12
33/052
33/05
33/09
33/11
00000
AC(C)
SR 590
EVA
NS DR
OWEN DR
LUCAS DR
AUDREY DR
CARDINAL DR
MORNINGSIDE DR
N TERRACE DR
COACHMAN PLAZA DR
N TERRACE DR
27
3
7
27
3
1
1705
1752
26
3
7
1717
1747
1716
1728
1732
1736
1753
27
0
0
1707
1719
1725
1719
1779
1707
1737
1743
26
8
4
26
7
8
26
7
2
26
6
6
26
4
8
1718
1722
1726
1730
1734
1738
1742
1746
1750
1754
1762
1778 27
1
0
27
0
7
27
0
1
26
2
5
1728
27
2
3
27
2
5
27
1
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1771
1721
1717
1701
26
3
1
1737
27
2
0
1715
1727
27
2
4
1717
1785
1779
1767
1773
1724
1701
1705
1709
1721
1737
1741
1753
1765
1704
1708
1712
1720
1724
1740
1746
1752
1758
1701
1721
1725
1729
1733
1741
1745
1749
1704
1712
1716
1718
1740
1744
1750
1756
1760
1764
1768
1733
1713
1701
1737
1743
1749
1755
1761
1700
1718
1706
1712
1724
1730
1736
1742
1754
1760
1766
1772
1778
1701
1707
1715
1725
1737
1743
1749
1761
1767
1773
1700
1706
1712
1718
1724
1730
1736
1742
1748
1754
1760
1766
1772
1778
1701
1713
1719
1725
1731
1745
1751
1761
1767
1771
1775
26
6
0
26
5
4
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4
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1758
1766
1770
1774
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9
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5
4
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9
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8
9
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3
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7
2 180
1736
1731
1732
1759
2711
2719
2 22
0
21800
1729
1733
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Ordinance No. 8717-15
ORDINANCE NO. 8717-15
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 WEST SIDE OF OWEN DRIVE APPROXIMATELY 960
FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS
1766 OWEN DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 34, Pinellas Terrace, a subdivision
according to the plat thereof recorded at Plat
Book 49, Page 52, in the Public Records of
Pinellas County, Florida.
Residential Low
(RL)
(ANX2015-04009)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8716-15.
Ordinance No. 8717-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
FUTURE LAND USE MAP
Owner(s): Kevin W. Prina Case: ANX2015-04009
Site: 1766 Owen Drive
Property
Size(Acres):
ROW (Acres):
0.187
N/A
Land Use Zoning
PIN: 05-29-16-71424-000-0340
From : RL R-3
Atlas Page: 264A To: RL LMDR
50 50 50 60 60
60
60
50
50
50 50
50
60
66 66
66
66
50 605047
66
71
4
4
2
71424
94392
94374
L
AA
7 6 6 5
3
3
13
14
15 161718192021 22 23 24 25 2627 1 2 3 45 6
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 1 23456 7
8
9
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5051
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6465
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30
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27
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29
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1
33/03
33/051
33/12
33/052
33/05
33/09
33/11
00000
AC(C)
P P
P
RL
RL
RL
RL
CL
RL RL
RU
RL
RLR/O/R
RL
RL
CG
RL
R/O/R
RU
SR 590
EVA
NS DR
OWEN DR
LUCAS DR
AUDREY DR
CARDINAL DR
MORNINGSIDE DR
N TERRACE DR
COACHMAN PLAZA DR
N TERRACE DR
1705
1752
1717
1747
1728
1753
1707
1779
26
8
4
26
7
8
26
7
2
1738
1742
1746
1750
1754
1778 27
1
0
27
2
3
1771
1717
1701
1715
1727
27
2
4
27
3
7
27
3
1
1717
1785
1779
17671773
1724
26
3
7
1701
1705
1709
1721
1737
1741
1753
1765
1704
1708
1712
1716
1720
1724
1732
17361740
1746
1752
1758
1701
1721
1725
1729
1733
1741
1745
1749
1704
1712
1716
1718
1740
1744
1750
1756
1760
1764
1768
27
0
0
1719
1733
1725
1713
1701
1737
1743
1749
1755
1761
1700
1718
1706
1712
1724
1730
1736
1742
1754
1760
1766
1772
1778
1701
1707
1715
1719
1725
1737
1743
1749
1761
1767
1773
1700
1706
1712
1718
1724
1730
1736
1742
1748
1754
1760
1766
1772
1778
1701
1707
1713
1719
1725
1731
1737
1743
1745
1751
1761
1767
1771
1775
26
6
6
26
6
0
26
5
4
26
4
8
26
4
4
1718
1722
1726
1730
1734
1758
1762
1766
1770
1774
27
3
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27
1
8
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1
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7
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3
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4
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7
7
26
2
5
2 180
1736
1731
1728
1732
1759
2711
2725
2719
2715
2 22
1721
0
21800
2631
1737
1729
1733
2720
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Ordinance No. 8718-15
ORDINANCE NO. 8718-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE WEST SIDE OF OWEN DRIVE APPROXIMATELY 960
FEET NORTH OF SR 590, WHOSE POST OFFICE
ADDRESS IS 1766 OWEN DRIVE, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM
DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8716-15.
Property Zoning District
Lot 34, Pinellas Terrace, a subdivision
according to the plat thereof recorded at Plat
Book 49, Page 52, in the Public Records of
Pinellas County, Florida.
Low Medium Density Residential
(LMDR)
(ANX2015-04009)
Ordinance No. 8718-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
ZONING MAP
Owner(s): Kevin W. Prina Case: ANX2015-04009
Site: 1766 Owen Drive
Property
Size(Acres):
ROW (Acres):
0.187
N/A
Land Use Zoning
PIN: 05-29-16-71424-000-0340
From : RL R-3
Atlas Page: 264A To: RL LMDR
50 50 50 60 60
60
60
50
50
50 50
50
60
66 66
66
66
50 605047
66
71
4
4
2
71424
94392
94374
L
AA
7 6 6 5
3
3
13
14
15 161718192021 22 23 24 25 2627 1 2 3 45 6
2
3
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5
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7
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17 1 23456 7
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60
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6465
66
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27
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33/03
33/051
33/12
33/052
33/05
33/09
33/11
00000
AC(C)
LMDR
LMDRC
LMDR
O
P
MHDR
P
LMDR LMDR
P
P
SR 590
EVA
NS DR
OWEN DR
LUCAS DR
AUDREY DR
CARDINAL DR
MORNINGSIDE DR
N TERRACE DR
COACHMAN PLAZA DR
N TERRACE DR
1705
1752
1717
1747
1728
1753
1707
1779
26
8
4
26
7
8
26
7
2
1718
1722
1726
1730
1734
1738
1742
1746
1750
1754
1778 27
1
0
26
2
5
1728
27
2
3
1771
1721
1717
1701
1715
1727
27
2
4
27
3
7
27
3
1
1717
1785
1779
17671773
1724
26
3
7
1701
1705
1709
1721
1737
1741
1753
1765
1704
1708
1712
1716
1720
1724
1732
17361740
1746
1752
1758
1701
1721
1725
1729
1733
1741
1745
1749
1704
1712
1716
1718
1740
1744
1750
1756
1760
1764
1768
27
0
0
1719
1733
1725
1713
1701
1737
1743
1749
1755
1761
1700
1718
1706
1712
1724
1730
1736
1742
1754
1760
1766
1772
1778
1701
1707
1715
1719
1725
1737
1743
1749
1761
1767
1773
1700
1706
1712
1718
1724
1730
1736
1742
1748
1754
1760
1766
1772
1778
1701
1707
1713
1719
1725
1731
1737
1743
1745
1751
1761
1767
1771
1775
26
6
6
26
6
0
26
5
4
26
4
8
26
4
4
1758
1762
1766
1770
1774
27
3
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27
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1
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0
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1
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7
1
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4
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8
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7
7
2 180
1736
1731
1732
1759
2711
2725
2719
2715
2 22
0
21800
2631
1737
1729
1733
2720
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LOCATION MAP
Owner(s): Kevin W. Prina Case: ANX2015-04009
Site: 1766 Owen Drive
Property
Size(Acres):
ROW (Acres):
0.187
N/A
Land Use Zoning
PIN: 05-29-16-71424-000-0340
From : RL R-3
Atlas Page: 264A To: RL LMDR
^
PROJECT
SITE
US-19
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AERIAL PHOTOGRAPH
Owner(s): Kevin W. Prina Case: ANX2015-04009
Site: 1766 Owen Drive
Property
Size(Acres):
ROW (Acres):
0.187
N/A
Land Use Zoning
PIN: 05-29-16-71424-000-0340
From : RL R-3
Atlas Page: 264A To: RL LMDR
SR 590 SR 590
EVANS DR
EVANS DR
OWEN DR
OWEN DR
LUC
A
S
DR
LUC
A
S
DR
AUDREY DR
AUDREY DR
CARDINAL DR
CARDINAL DR
MORNINGSIDE DR MORNINGSIDE DR
N TERRACE DR N TERRACE DR
CO
AC
H
M
AN
PLAZ
A DR
CO
AC
HM
AN
PLAZ
A DR
N TERRACE DRN TERRACE DR
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EXISTING SURROUNDING USES MAP
Owner(s): Kevin W. Prina Case: ANX2015-04009
Site: 1766 Owen Drive
Property
Size(Acres):
ROW (Acres):
0.187
N/A
Land Use Zoning
PIN: 05-29-16-71424-000-0340
From : RL R-3
Atlas Page: 264A To: RL LMDR
50 50 50 60 60
60
60
50
50
50 50
50
60
66 66
66
66
50 605047
66
71
4
4
2
71424
94392
94374
L
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7 6 6 5
3 3
13
14
15 161718192021 22 23 24 25 2627 1 2 3 45 6
2
3
4
5
6
7
8
9
10
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16
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33/03
33/051
33/12
33/052
33/05
33/09
33/11
5050
606050500
AC(C)
SR 590
EVANS DR
OWEN DR
LUCAS DR
AUDREY DR
CARDINAL DR
MORNINGSIDE DR
N TERRACE DR
COACHMAN PLAZA DR
N TERRACE DR
27
3
7
27
3
1
1705
1752
26
3
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1717
1747
1716
1728
1732
1736
1753
27
0
0
1707
1719
1725
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1779
1707
1737
1743
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7
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1718
1722
1726
1730
1734
1738
1742
1746
1750
1754
1762
1778 27
1
0
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0
7
27
0
1
26
2
5
1728
27
2
3
27
2
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27
1
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1771
1721
1717
1701
26
3
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27
2
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1715
1727
27
2
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1717
1785
1779
17671773
1724
1701
1705
1709
1721
1737
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1753
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1720
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1746
1752
1758
1701
1721
1725
1729
1733
1741
1745
1749
1704
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1716
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1740
1744
1750
1756
1760
1764
1768
1733
1713
1701
1737
1743
1749
1755
1761
1700
1718
1706
1712
1724
1730
1736
1742
1754
1760
1766
1772
1778
1701
1707
1715
1725
1737
1743
1749
1761
1767
1773
1700
1706
1712
1718
1724
1730
1736
1742
1748
1754
1760
1766
1772
1778
1701
1713
1719
1725
1731
1745
1751
1761
1767
1771
1775
26
6
0
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5
4
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1758
1766
1770
1774
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2 180
1736
1731
1732
1759
27
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Single Family Residential
Single Family Residential
Commercial
& Retail Uses
Commercial
& Retail Uses
Single Family Residential
View looking west at the subject property, 1766 Owen DriveAcross the street, to the east of the subject property
North of the subject propertySouth of the subject property
ANX2015-04009
Kevin W. Prina
1766 Owen Drive
View looking northerly along Owen DriveView looking southerly along Owen Drive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ANX2015-04010
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and
initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2143
Burnice Drive; and pass Ordinances 8719-15, 8720-15 and 8721-15 on first reading.
(ANX2015-04010)
SUMMARY:
This voluntary annexation petition involves one parcel of land totaling 0.236 acres. The parcel
is occupied by a single-family dwelling and is located on the south side of Burnice Drive,
approximately 675 feet west of South Belcher Road. The applicant is requesting annexation in
order to receive solid waste service from the City, and will be connected to City sewer as part
of the Belcher Area Sanitary Sewer Extension Project Area. The property is contiguous to
existing City boundaries along the west. It is proposed that the property be assigned a Future
Land Use Map designation of Residential Low (RL) and the zoning category of Low Medium
Density Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is
consistent with the provisions of Clearwater Community Development Code Section 4-604.E
as follows:
·The property currently receives water service from Pinellas County. Collection of solid
waste will be provided to the property by the City. The applicant has paid the sewer
impact fee in full, and will be connected to the City sewer system once it is available .
The property is located within Police District II and service will be administered through
the district headquarters located at 645 Pierce Street. Fire and emergency medical
services will be provided to the property by Station 47 located at 1460 Lakeview Road.
The City has adequate capacity to serve the property with sanitary sewer, solid waste,
police, fire and EMS service. The property will continue to receive water from Pinellas
County. The proposed annexation will not have an adverse effect on public facilities
and their levels of service; and
·The proposed annexation is consistent with and promotes the following objectives and
policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the
Page 1 City of Clearwater Printed on 6/11/2015
File Number: ANX2015-04010
annexation of a variety of land uses located within the Clearwater Planning
Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
·The proposed Residential Low (RL) Future Land Use Map category is consistent with
the current Countywide Plan designation of the property. The Residential Low (RL)
designation primarily permits residential uses at a density of 5 units per acre. The
proposed zoning district to be assigned to the property is the Low Medium Density
Residential (LMDR) District. The use of the subject property is consistent with the
uses allowed in the Low Medium Density Residential (LMDR) District and the property
exceeds the District’s minimum dimensional requirements. The proposed annexation
is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan
and Community Development Code; and
·The property proposed for annexation is contiguous to existing City boundaries along
the west; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 6/11/2015
Ordinance No. 8719-15
ORDINANCE NO. 8719-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF BURNICE DRIVE
APPROXIMATELY 675 FEET WEST OF SOUTH BELCHER
ROAD, WHOSE POST OFFICE ADDRESS IS 2143
BURNICE DRIVE, CLEARWATER, FLORIDA 33764, 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 25, GLEN ELLYN ESTATES, according to the map or plat thereof as recorded
in Plat Book 34, Page 32, Public Records of Pinellas County, Florida.
(ANX2015-04010)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida,
within 7 days after adoption, and shall file a certified copy with the Florida Department of
State within 30 days after adoption.
Ordinance No. 8719-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
PROPOSED ANNEXATION MAP
Owner(s): Kai and Lila S. Christians Case: ANX2015-04010
Site: 2143 Burnice Drive
Property
Size(Acres):
ROW (Acres):
0.236
N/A
Land Use Zoning
PIN: 24-29-15-31050-000-0250
From : RL R-3
Atlas Page: 308B To: RL LMDR
60
60
6 0
50
4
104
130 131 132 133 87 8685 8483
138 137 136 135 134 105106107 108 109 110
127
126
125
124 123 122 121120119 118 117 116115114113112111
50
50
60
50
60
60
60
60
6
0
50
72144
064080642606444
31050
3
4
5
6
7 9 10
11
12
13141516
1112 1314 15 18 19
20
21
1 2 3321987 6 5 4 3 2 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
1716 15 14 131211 10
9 8
7 654 3 2 1
16 17
1 2
6 7 8
8
11/04
4.76 AC
1
BURNICE DR
S
B
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BELL CHEER DR
S UNIVERSITY DR
PL
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Rev. 04/07/15
Ordinance No. 8720-15
ORDINANCE NO. 8720-15
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
SOUTH SIDE OF BURNICE DRIVE APPROXIMATELY 675 FEET
WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE
ADDRESS IS 2143 BURNICE DRIVE, CLEARWATER, FLORIDA
33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 25, GLEN ELLYN ESTATES, according to
the map or plat thereof as recorded in Plat Book
34, Page 32, Public Records of Pinellas County,
Florida;
Residential Low
(RL)
(ANX2015-04010)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8719-15.
Ordinance No. 8720-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
FUTURE LAND USE MAP
Owner(s): Kai and Lila S. Christians Case: ANX2015-04010
Site: 2143 Burnice Drive
Property
Size(Acres):
ROW (Acres):
0.236
N/A
Land Use Zoning
PIN: 24-29-15-31050-000-0250
From : RL R-3
Atlas Page: 308B To: RL LMDR
60
60
6 0
50
4
104
130 131 132 133 87 8685 8483
138 137 136 135 134 105106107 108 109 110
127
126
125
124 123 122 121120119 118 117 116115114113112111
50
50
60
50
60
60
60
60
6
0
50
72144
064080642606444
31050
3
4
5
6
7 9 10
11
12
13141516
1112 1314 15 18 19
20
21
1 2 3321987 6 5 4 3 2 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
1716 15 14 131211 10
9 8
7 654 3 2 1
16 17
1 2
6 7 8
8
11/04
4.76 AC
1
BURNICE DR
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR
S UNIVERSITY DR
PL
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A
S
A
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P
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RL
RL
P
RU
RURU
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1220
1200
2172
21
4
8
21
3
0
21
6
5
21
7
3
21
4
9
21
8
7
21
9
5
213
2
1 1 1 0
1100
2147
21
0
7
21
7
9
21
8
5
21
3
1
21
0
9
21
1
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21
2
5
21
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1
21
3
5
215
2
21
1
7
21
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21
5
5
21
6
1
21
4
7
21
6
7
21
7
3
218
4
21
78
1276
21
9
8
21
9
7
21
9
1
21
8
5
21
7
3
21
6
7
21
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21
5
5
21
4
9
21
4
3
21
3
9
21
2
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21
8
8
21
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4
21
6
6
21
6
0
21
4
2
21
3
8
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0
21
2
4
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1
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21
12
21
06
2106
2111
2115
2 1 1 92123
21
3
5
21
4
3
21
2
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1282
21
48
21
4
0
21
5
4
21
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1
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5
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2 1 6 4
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1
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3
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2
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2
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3
3
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1
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216
6
21
6
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2
21
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2
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2
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Rev. 04/07/15
Ordinance No. 8721-15
ORDINANCE NO. 8721-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH SIDE OF BURNICE DRIVE APPROXIMATELY
675 FEET WEST OF SOUTH BELCHER ROAD, WHOSE
POST OFFICE ADDRESS IS 2143 BURNICE DRIVE,
CLEARWATER, FLORIDA 33764, 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:
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8719-15.
Property Zoning District
Lot 25, GLEN ELLYN ESTATES, according
to the map or plat thereof as recorded in Plat
Book 34, Page 32, Public Records of
Pinellas County, Florida;
Low Medium Density Residential
(LMDR)
(ANX2015-04010)
Ordinance No. 8721-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
ZONING MAP
Owner(s): Kai and Lila S. Christians Case: ANX2015-04010
Site: 2143 Burnice Drive
Property
Size(Acres):
ROW (Acres):
0.236
N/A
Land Use Zoning
PIN: 24-29-15-31050-000-0250
From : RL R-3
Atlas Page: 308B To: RL LMDR
60
60
6 0
50
4
104
130 131 132 133 87 8685 8483
138 137 136 135 134 105106107 108 109 110
127
126
125
124 123 122 121120119 118 117 116115114113112111
50
50
60
50
60
60
60
60
6
0
50
72144
064080642606444
31050
3
4
5
6
7 9 10
11
12
13141516
1112 1314 15 18 19
20
21
1 2 3321987 6 5 4 3 2 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
1716 15 14 131211 10
9 8
7 654 3 2 1
16 17
1 2
6 7 8
8
11/04
4.76 AC
1
BURNICE DR
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR
S UNIVERSITY DR
PL
E
A
S
A
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P
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LMDR
P
LMDR
P
LMDR 1220
1200
2172
21
4
8
21
3
0
21
6
5
21
7
3
21
4
9
21
8
7
21
9
5
213
2
21
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21
0
7
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9
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5
21
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1
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1
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21
2
5
21
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2
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1
7
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5
5
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6
1
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4
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6
7
21
7
3
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4
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78
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21
9
8
21
9
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21
9
1
21
8
5
21
7
3
21
6
7
21
5
7
21
5
5
21
4
9
21
4
3
21
3
9
21
2
5
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8
8
21
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4
21
6
6
21
6
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21
4
2
21
3
8
213
0
21
2
4
21
1
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21
12
21
06
2106
2115
2 1 1 92123
21
3
5
21
4
3
21
2
6
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21
48
21
4
0
21
5
4
21
4
1
21
5
7
21
9
1
21
9
9
2 1 6 410102156
21
9
1
21
4
3
21
3
5
21
34
21
3
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2
21
16
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21
2
5
21
3
3
21
8
1
21
90
216
6
21
6
0
21
9
2
21
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0
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2
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21
2
4
21
1
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1
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Rev. 04/07/15
LOCATION MAP
Owner(s): Kai and Lila S. Christians Case: ANX2015-04010
Site: 2143 Burnice Drive
Property
Size(Acres):
ROW (Acres):
0.236
N/A
Land Use Zoning
PIN: 24-29-15-31050-000-0250
From : RL R-3
Atlas Page: 308B To: RL LMDR
^
PROJECT
SITE
DRUID RD
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Rev. 04/07/15
BELCHER
RD
AERIAL PHOTOGRAPH
Owner(s): Kai and Lila S. Christians Case: ANX2015-04010
Site: 2143 Burnice Drive
Property
Size(Acres):
ROW (Acres):
0.236
N/A
Land Use Zoning
PIN: 24-29-15-31050-000-0250
From : RL R-3
Atlas Page: 308B To: RL LMDR
BURNICE DR BURNICE DR
S
B
E
L
C
H
E
R
R
D
S
B
E
L
C
H
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R
R
D
BELL CHEER DR BELL CHEER DR
S UNIVERSITY DR S UNIVERSITY DR
PL
E
A
S
A
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PL
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Rev. 04/07/15
EXISTING SURROUNDING USES MAP
Owner(s): Kai and Lila S. Christians Case: ANX2015-04010
Site: 2143 Burnice Drive
Property
Size(Acres):
ROW (Acres):
0.236
N/A
Land Use Zoning
PIN: 24-29-15-31050-000-0250
From : RL R-3
Atlas Page: 308B To: RL LMDR
60
60
6 0
50
4
104
130 131 132 133 87 8685 8483
138 137 136 135 134 105106107 108 109 110
127
126
125
124 123 122 121120119 118 117 116115114113112111
50
50
60
50
60
60
60
60
6
0
50
72144
064080642606444
31050
3
4
5
6
7 9 10
11
12
13141516
1112 1314 15 18 19
20
21
1 2 3321987 6 5 4 3 2 1
18 19 20 2122 23 24 25 26 27 28 29 30 31 32 33 34
1716 15 14 131211 10
9 8
7 654 3 2 1
16 17
1 2
6 7 8
8
11/04
4.76 AC
1
BURNICE DR
S
B
E
L
C
H
E
R
R
D
BELL CHEER DR
S UNIVERSITY DR
PL
E
A
S
A
N
T
P
K
W
Y
U
N
I
V
E
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S
I
T
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C
T
1220
1200
2172
21
4
8
21
3
0
21
6
5
21
7
3
21
4
9
21
8
7
21
9
5
213
2
21
1
0
1 1 1 0
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2147
21
0
7
21
7
9
21
8
5
21
3
1
21
0
9
21
1
7
21
2
5
21
0
1
21
3
5
215
2
21
1
7
21
0
9
21
5
5
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6
1
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4
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6
7
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7
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218
4
21
78
1276
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8
21
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5
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7
3
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6
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5
5
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4
3
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2
5
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8
8
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Single Family Residential
Single Family Residential
Single Family Residential
Water
Single Family
Residential
View looking south at the subject property, 2143 BurniceDriveEast of the subject property
West of the subject propertyAcross the street, to the north of the subject property
ANX2015-04010
Christians, Kai and Lila S.
2143 BurniceDrive
View looking easterly along BurniceDriveView looking westerly along BurniceDrive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ANX2014-04011
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 7.3
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1807 Skyland Drive; and pass Ordinances 8722-15, 8723-15 and 8724-15
on first reading. (ANX2015-04011)
SUMMARY:
This voluntary annexation petition involves a 0.185-acre property consisting of one
vacant parcel. It is located on the east side of Skyland Drive, approximately 80 feet
north of Morningside Drive. The applicant is requesting annexation in order to receive
sanitary sewer and solid waste service from the City. The property is located within an
enclave and is contiguous to existing City boundaries to the north, south, east and
west. It is proposed that the property be assigned a Future Land Use Map designation
of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density
Residential (LMDR).
The need for sanitary sewer service was prompted by the applicant’s proposal to
construct a single-family home. Due to timing issues, the applicant would like to
construct the single-family home while located in the County. The site plan approved
by the County meets the Low Medium Density Residential (LMDR) District’s Flexible
Standard Development provisions of the Clearwater Community Development Code .
Due to the nature of the construction, Pinellas County will require the applicant to
connect into the City’s sanitary sewer system prior to the issuance of a Certificate of
Occupancy (CO). To ensure consistency in the application of Building Code
inspections and to prevent any construction liability issues, the project will be built in
its entirety under Pinellas County jurisdiction. For that reason, second reading of the
annexation cannot occur until after the County issues a CO, which is anticipated to be
in early fall of 2015. The Planning and Development Department will schedule second
and final reading after the applicant obtains the CO.
The Planning and Development Department determined that the proposed annexation
is consistent with the provisions of Clearwater Community Development Code Section
4-604.E as follows:
·The property is currently vacant and the applicant is currently constructing a
single family residence under a building permit from Pinellas County. Water
Page 1 City of Clearwater Printed on 6/11/2015
File Number: ANX2014-04011
service will be provided by Pinellas County. The closest sanitary sewer line is
located in the adjacent Skyland Drive right-of-way. The applicant has paid the
City's sewer impact and assessment fees and is aware of the additional costs
to extend City sewer service to this property. Collection of solid waste will be
provided by the City of Clearwater. The property is located within Police District
III and service will be administered through the district headquarters located at
2851 North McMullen Booth Road. Fire and emergency medical services will be
provided to the property by Station 48 located at 1700 North Belcher Road. The
City has adequate capacity to serve the property with sanitary sewer, solid
waste, police, fire and EMS service. The proposed annexation will not have an
adverse effect on public facilities and their levels of service; and
·The proposed annexation is consistent with and promote the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be
promoted through application of the Clearwater Community
Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through the
annexation of a variety of land uses located within the Clearwater
Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
·The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of this property. This
designation primarily permits residential uses at a density of 5 units per acre.
The proposed zoning district to be assigned to the property is the Low Medium
Density Residential (LMDR) District. The proposed use of the subject property
is consistent with the uses allowed in the District and the property exceeds the
District’s minimum dimensional requirements. The proposed annexation is
therefore consistent with the Countywide Plan and the City’s Comprehensive
Plan and Community Development Code; and
·The property proposed for annexation is contiguous to existing City boundaries
along the north, south, east and west of the property boundary; therefore, the
annexation is consistent with Florida Statutes Chapter 171.044.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 6/11/2015
File Number: ANX2014-04011
Page 3 City of Clearwater Printed on 6/11/2015
Ordinance No. 8722-15
ORDINANCE NO. 8722-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE EAST SIDE OF SKYLAND DRIVE
APPROXIMATELY 140 FEET NORTH OF MORNINGSIDE
DRIVE, WHOSE POST OFFICE ADDRESS IS 1807
SKYLAND DRIVE, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
The South 60 feet of Lot 8, Block I, Carlton Terrace First Addition, according to the
plat thereof, recorded in Plat Book 43, Page 39, of the Public Records of Pinellas County,
Florida.
(ANX2015-04011)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida,
within 7 days after adoption, and shall file a certified copy with the Florida Department of
State within 30 days after adoption.
Ordinance No. 8722-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
PROPOSED ANNEXATION MAP
Owner(s): Customized Contracting Inc. Case: ANX2015-04011
Site: 1807 Skyland Drive
Property
Size(Acres):
ROW (Acres):
0.19
N/A
Land Use Zoning
PIN: 05-29-16-13554-009-0080
From : RL R-3
Atlas Page: 264A To: RL LMDR
60
50
50 60
60
60
60 60
60
66
66
66 66
50
50
50
50
66
13554
94338
21092
98470
E G H I
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3 3 3 3
J 2
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151617181920
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16 1
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101112131415
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1
N TERRACE DR
MORNINGSIDE DR
DIANE DR
OWEN DR
SKYLAND DR
EVANS DR
MARILYN DR
WOODRING DR
DIANE TER
LUCAS DR
GROVE DR
THOMAS DR
27
1
5
1752
27
8
7
27
8
6
27
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17551753
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1801 2762
2773
2747
2723
2720
2724
2700
1 8 3 5
1810
1826
1
8
4
21834
2710
WINWOOD DR
2724
2743
2737
2731
1806 1807
18431845
1851
1785
1779
1767
1773
1817
1825
2
2778
2775
2767
2771
1831
1837
175317501754
1751
2751
17491748
1754
1753
1765
1752
17581749
1750
1756
1760
1764
1768
2770
2764
2758
2740
2738
2734
2730
2718
2714
2707
2701
2689
2683
1806
1830
1836
1824
1818
1812
1800
1812
1818
1830
1836
1813
1808 1807
1813
1819
1825
1831
1837
2762
1819
1827
1809
1807
1800
1806
1812
1818
1824
1830
1836
1842
1 85 4
1848
2785
2773
2789
2781
2793
2777
2794
2782
2 2783
2763
18491855
47
2
8
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2
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82714
27101861
1824 1824
1848
1842
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1819
1825
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1837
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2711
2761
2755
2749
2725
2719
2715
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Ordinance No. 8723-15
ORDINANCE NO. 8723-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF SKYLAND DRIVE APPROXIMATELY 140 FEET
NORTH OF MORNINGSIDE DRIVE, WHOSE POST OFFICE
ADDRESS IS 1807 SKYLAND DRIVE, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
The South 60 feet of Lot 8, Block I, Carlton
Terrace First Addition, according to the plat
thereof, recorded in Plat Book 43, Page 39,
of the Public Records of Pinellas County,
Florida.
Residential Low
(RL)
(ANX2015-04011)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8722-15.
Ordinance No. 8723-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
FUTURE LAND USE MAP
Owner(s): Customized Contracting Inc. Case: ANX2015-04011
Site: 1807 Skyland Drive
Property
Size(Acres):
ROW (Acres):
0.185
N/A
Land Use Zoning
PIN: 05-29-16-13554-009-0080
From : RL R-3
Atlas Page: 264A To: RL LMDR
60
50
50 60
60
60
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60
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66
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66 66
50
50
50
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RLRL
RL
RL
RL
RLRL
RL
RL RL RL
RL
RL
DIANE DR
N TERRACE DR
MORNINGSIDE DR
OWEN DR
SKYLAND DR
EVANS DR
MARILYN DR
WOODRING DR
DIANE TER
LUCAS DR
GROVE DR
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5
1752
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1801 2762
2747
2723
2720
2724
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1 8 3 5
1810
1826
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2
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2704
2710
RL
P
P
P
RM
P
THOMAS DR
WINWOOD DR
2724
2743
2737
2731
1806 1807
18431845
1851
1785
1779
1767
1773
1817
1825
2
2778
2775
2767
2771
1831
1837
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2751
1755
1754
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17531756
1760
1764
1768
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2764
2758
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2738
2734
2730
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2707
2701
2689
2683
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1830
1836
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1818
1812
1800
1812
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1808 1807
1813
1819
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1819
1827
1809
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1800
1806
1812
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1824
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1842
18 54
1848
2785
2773
2789
2781
2793
2777
2794
2782
2 2783
2763
18491855
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2
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2
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2
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82714
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2773
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1848
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2755
2749
2725
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1807
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Ordinance No. 8724-15
ORDINANCE NO. 8724-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE EAST SIDE OF SKYLAND DRIVE APPROXIMATELY
140 FEET NORTH OF MORNINGSIDE DRIVE, WHOSE
POST OFFICE ADDRESS IS 1807 SKYLAND DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8722-15.
Property Zoning District
The South 60 feet of Lot 8, Block I, Carlton
Terrace First Addition, according to the plat
thereof, recorded in Plat Book 43, Page 39, of
the Public Records of Pinellas County,
Florida.
Low Medium Density Residential
(LMDR)
(ANX2015-04011)
Ordinance No. 8724-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
ZONING MAP
Owner(s): Customized Contracting Inc. Case: ANX2015-04011
Site: 1807 Skyland Drive
Property
Size(Acres):
ROW (Acres):
0.19
N/A
Land Use Zoning
PIN: 05-29-16-13554-009-0080
From : RL R-3
Atlas Page: 264A To: RL LMDR
60
50
50 60
60
60
60 60
60
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LMDR
DIANE DR
N TERRACE DR
MORNINGSIDE DR
OWEN DR
SKYLAND DR
EVANS DR
MARILYN DR
WOODRING DR
DIANE TER
LUCAS DR
GROVE DR
27
1
5
1752
27
8
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6
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7
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1750 1751
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5
9
1749
1755
1753
1753
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6
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1
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1
1801 2762
2773
2747
2723
2720
2724
2700
1 8 3 5
1810
1826
1
8
4
2
1834
2704
2710
P
P P
THOMAS DR
WINWOOD DR
2724
2743
2737
2731
1806 1807
18431845
1851
1785
1779
1767
1773
1817
1825
2
2778
2775
2767
2771
1831
1837
17531754
2751
1754
1765
17581749
1756
1760
1764
1768
2770
2764
2758
2740
2738
2734
2730
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2714
2707
2701
2689
2683
1806
1830
1836
1824
1818
1812
1800
1812
1818
1830
1836
1813
1808 1807
1813
1819
1825
1831
1837
2762
1819
1827
1809
1807
1800
1806
1812
1818
1824
1830
1836
1842
18 54
1848
2785
2773
2789
2781
2793
2777
2794
2782
2 2783
2763
18491855
87
3
4
2
7
2
8
2
7
2
4
2
7
1
82714
27101861
1824 1824
1848
1842
1813
1819
1825
1831
1837
1759
2711
2761
2755
2749
2725
2719
2715
2774
2770
2766
1836
1830
1818
2709
1807
1827
1819
2784
1818
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LOCATION MAP
Owner(s): Customized Contracting Inc. Case: ANX2015-04011
Site: 1807 Skyland Drive
Property
Size(Acres):
ROW (Acres):
0.185
N/A
Land Use Zoning
PIN: 05-29-16-13554-009-0080
From : RL R-3
Atlas Page: 264A To: RL LMDR
^
PROJECT
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Rev. 04/07/15
US-19
AERIAL PHOTOGRAPH
Owner(s): Customized Contracting Inc. Case: ANX2015-04011
Site: 1807 Skyland Drive
Property
Size(Acres):
ROW (Acres):
0.185
N/A
Land Use Zoning
PIN: 05-29-16-13554-009-0080
From : RL R-3
Atlas Page: 264A To: RL LMDR
MORNINGSIDE DR MORNINGSIDE DR
N TERRACE DRN TERRACE DR
DIANE DR
DIANE DR
OWEN DR
OWEN DR
SKYLAND DR
SKYLAND DR
EVANS DR
EVANS DR
MARILYN DR
MARILYN DR
WOODRING DR WOODRING DR
DIANE TER DIANE TER
LUCAS DR
LUCAS DR
GROVE DR
GROVE DR
THOMAS DR
THOMAS DR
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EXISTING SURROUNDING USES MAP
Owner(s): Customized Contracting Inc. Case: ANX2015-04011
Site: 1807 Skyland Drive
Property
Size(Acres):
ROW (Acres):
0.185
N/A
Land Use Zoning
PIN: 05-29-16-13554-009-0080
From : RL R-3
Atlas Page: 264A To: RL LMDR
60
50
50 60
60
60
60 60
60
66
66
66 66
50
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141516171819
1
N TERRACE DR
MORNINGSIDE DR
DIANE DR
OWEN DR
SKYLAND DR
EVANS DR
MARILYN DR
WOODRING DR
DIANE TER
LUCAS DR
GROVE DR
THOMAS DR
27
1
5
1752
27
8
7
27
8
6
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9
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17551753
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2773
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2720
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1810
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WINWOOD DR
2724
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2737
2731
1806 1807
18431845
1851
1785
1779
1767
1773
1817
1825
2
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2767
2771
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175317501754
1751
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17491748
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2770
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2701
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1806
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1808 1807
1813
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1831
1837
2762
1819
1827
1809
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1806
1812
1818
1824
1830
1836
1842
1 85 4
1848
2785
2773
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2781
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2 2783
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47
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271
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1824 1824
1848
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1831
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2774
2770
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1827
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Single Family Residential
Single Family Residential
Single Family Residential
View looking east at the subject property, 1807 SkylandDriveAcross the street, to the west of the subject property
North of the subject propertySouth of the subject property
ANX2015-04011
Customized Contracting Inc.
1807 SkylandDrive
View looking northerly along SkylandDriveView looking southerly along SkylandDrive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ANX2015-04012
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 7.4
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU)
and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for
2058 Poinsetta Avenue; together with certain rights-of-way of Poinsetta Avenue and Arbelia
Street; and pass Ordinances 8725-15, 8726-15 and 8727-15 on first reading.
(ANX2015-04012)
SUMMARY:
This voluntary annexation petition involves one parcel of land totaling 0.287 acres. The parcel
is occupied by a single-family dwelling and is located on the southwest corner of Poinsetta
Avenue and Arbelia Street. The applicant is requesting annexation in order to receive solid
waste service from the City, and will be connected to City sewer as part of the Idlewild /The
Mall Sanitary Sewer Expansion Project. The Development Review Committee is also
proposing that the 0.668-acres of certain abutting right-of-way of Arbelia Street and Poinsetta
Avenue also be annexed. The property is contiguous to existing City boundaries along the
west. It is proposed that the property be assigned a Future Land Use Map designation of
Residential Urban (RU) and the zoning category of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed annexation is
consistent with the provisions of Clearwater Community Development Code Section 4-604.E
as follows:
·The property currently receives water service from the City. Collection of solid waste
will be provided to the property by the City. The applicant has paid the sewer impact
fee in full, and is currently awaiting connection to the sewer system. The property is
located within Police District II and service will be administered through the district
headquarters located at 645 Pierce Street. Fire and emergency medical services will
be provided to the property by Station 51 located at 1720 Overbrook Avenue. The City
has adequate capacity to serve the property with sanitary sewer, solid waste, police,
fire and EMS service. The proposed annexation will not have an adverse effect on
public facilities and their levels of service; and
·The proposed annexation is consistent with and promotes the following objectives and
policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater,
compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Page 1 City of Clearwater Printed on 6/11/2015
File Number: ANX2015-04012
Objective A.7.2 Diversify and expand the City’s tax base through the
annexation of a variety of land uses located within the Clearwater Planning
Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
·The proposed Residential Urban (RU) Future Land Use Map category is consistent
with the current Countywide Plan designation of the property. The Residential Urban
(RU) designation primarily permits residential uses at a density of 7.5 units per acre.
The proposed zoning district to be assigned to the property is the Low Medium Density
Residential (LMDR). The use of the subject property is consistent with the uses
allowed in the Low Medium Density Residential (LMDR) District and the property
exceeds the District’s minimum dimensional requirements. The proposed annexation
is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan
and Community Development Code; and
·The property proposed for annexation is contiguous to existing City boundaries along
the west; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 6/11/2015
Ordinance No. 8725-15
ORDINANCE NO. 8725-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF
POINSETTA AVENUE AND ARBELIA STREET, WHOSE
POST OFFICE ADDRESS IS 2058 POINSETTA AVENUE,
CLEARWATER, FLORIDA 33755, TOGETHER WITH
CERTAIN RIGHTS-OF-WAY OF POINSETTA AVENUE AND
ARBELIA STREET, INTO THE CORPORATE LIMITS OF
THE CITY, AND REDEFINING THE BOUNDARY LINES OF
THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
properties 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 9, 10 and the North ½ of Lot 11, Block F, BROOKLAWN, according to the map
or plat thereof in Plat Book 13, Page(s) 59, Public records of Pinellas County, Florida;
together with all Right-of-Way of Arbelia Street abutting Lot 9, Block F and Lots 1 and 2,
Block G, along with all Right-of-Way of Poinsetta Avenue abutting Lots 9, 10 and the North
½ of Lot 11, Block F.
(ANX2015-04012)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida,
within 7 days after adoption, and shall file a certified copy with the Florida Department of
State within 30 days after adoption.
Ordinance No. 8725-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
PROPOSED ANNEXATION MAP
Owner(s): J. Bruce & Shirley A. Haney Case: ANX2015-04012
Site: 2058 Poinsetta Avenue
Property
Size(Acres):
ROW (Acres):
0.287
0.668
Land Use Zoning
PIN: 03-29-15-12060-006-0100
03-29-15-12060-006-0090
From : RU R-4
Atlas Page: 251B To: RU LMDR
60 60 60
60
60
60
60
60 60
60
87.7
15
87.7
12060
46998
ABC
F G
H
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L ME
12
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UNION ST
BETTY LN
IDLEWILD DR
THE MALL
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ARBELIA ST
PALM ST
BERMUDA ST
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20842070
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2020
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12
8
3
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7
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2056
2035
20392043
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2068A
2080B
2068B
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Ordinance No. 8726-15
ORDINANCE NO. 8726-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF POINSETTA AVENUE AND
ARBELIA STREET, WHOSE POST OFFICE ADDRESS IS 2058
POINSETTA AVENUE, CLEARWATER, FLORIDA 33755, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 9, 10 and the North ½ of Lot 11, Block F,
BROOKLAWN, according to the map or plat
thereof in Plat Book 13, Page(s) 59, Public
records of Pinellas County, Florida.
Residential Urban
(RU)
(ANX2015-04012)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8725-15.
Ordinance No. 8726-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
FUTURE LAND USE MAP
Owner(s): J. Bruce & Shirley A. Haney Case: ANX2015-04012
Site: 2058 Poinsetta Avenue
Property
Size(Acres):
ROW (Acres):
0.287
0.668
Land Use Zoning
PIN: 03-29-15-12060-006-0100
03-29-15-12060-006-0090
From : RU R-4
Atlas Page: 251B To: RU LMDR
60 60 60
60
60
60
60
60 60
60
87.7
15
87.7
12060
46998
ABC
F G
H
K
L ME
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3
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21222324
2 3 4
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RU
RU
RU
RU
RU
RU
RU
RU RU
RM
RU
RU
RU
RU
RU
RU
RM
RU
RU
RU
RM
RU
RM
WATER
WATER
RURU
UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PO
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ARBELIA ST
PALM ST
BERMUDA ST
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1
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8
4
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2080A
2031
12
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3
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2020
13
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2073
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2066
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Ordinance No. 8727-15
ORDINANCE NO. 8727-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTHWEST CORNER OF POINSETTA AVENUE
AND ARBELIA STREET, WHOSE POST OFFICE ADDRESS
IS 2058 AVENUE, CLEARWATER, FLORIDA 33755, 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:
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8725-15.
Property Zoning District
Lot 9, 10 and the North ½ of Lot 11, Block
F, BROOKLAWN, according to the map or
plat thereof in Plat Book 13, Page(s) 59,
Public records of Pinellas County, Florida.
Low Medium Density Residential
(LMDR)
(ANX2015-04012)
Ordinance No. 8727-15
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
ZONING MAP
Owner(s): J. Bruce & Shirley A. Haney Case: ANX2015-04012
Site: 2058 Poinsetta Avenue
Property
Size(Acres):
ROW (Acres):
0.287
0.668
Land Use Zoning
PIN: 03-29-15-12060-006-0100
03-29-15-12060-006-0090
From : RU R-4
Atlas Page: 251B To: RU LMDR
60 60 60
60
60
60
60
60 60
60
87.7
15
87.7
12060
46998
ABC
F G
H
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L ME
12
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LMDR
MDR
UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PO
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A
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LANTANA AVE
ARBELIA ST
PALM ST
BERMUDA ST
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2081
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2020
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Rev. 04/13/15
LOCATION MAP
Owner(s): J. Bruce & Shirley A. Haney Case: ANX2015-04012
Site: 2058 Poinsetta Avenue
Property
Size(Acres):
ROW (Acres):
0.287
0.668
Land Use Zoning
PIN: 03-29-15-12060-006-0100
03-29-15-12060-006-0090
From : RU R-4
Atlas Page: 251B To: RU LMDR
^
PROJECT
SITE
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Rev. 04/13/15
DUNEDIN
AERIAL PHOTOGRAPH
Owner(s): J. Bruce & Shirley A. Haney Case: ANX2015-04012
Site: 2058 Poinsetta Avenue
Property
Size(Acres):
ROW (Acres):
0.287
0.668
Land Use Zoning
PIN: 03-29-15-12060-006-0100
03-29-15-12060-006-0090
From : RU R-4
Atlas Page: 251B To: RU LMDR
UNION ST UNION ST
BETTY LN
BETTY LN
THE MALL
THE MALL
IDLEWILD DR IDLEWILD DR
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PALM ST PALM ST
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Rev. 04/13/15
EXISTING SURROUNDING USES MAP
Owner(s): J. Bruce & Shirley A. Haney Case: ANX2015-04012
Site: 2058 Poinsetta Avenue
Property
Size(Acres):
ROW (Acres):
0.287
0.668
Land Use Zoning
PIN: 03-29-15-12060-006-0100
03-29-15-12060-006-0090
From : RU R-4
Atlas Page: 251B To: RU LMDR
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ARBELIA ST
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Rev.04/13/15
Multi-Family Residential
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View looking west at the subject property, 2058 Poinsetta AvenueNorth of the subject property
South of the subject propertyAcross the street, to the east of the subject property
ANX2015-04012
Haney, J. Bruce and Shirley
2058 Poinsetta Avenue
View looking northerly along Poinsetta AvenueView looking southerly along Poinsetta Avenue
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: TA2015-05002
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 7.5
SUBJECT/RECOMMENDATION:
Approve an amendment to the Clearwater Community Development Code imposing a
12-month moratorium for the proposed Regional Center and Neighborhood Center subdistricts
of the US 19 Corridor Zoning District and pass Ordinance 8730-15 on first reading.
(TA2015-05002)
SUMMARY:
The US 19 Corridor within the City of Clearwater has transitioned over the last decade from an
at-grade full access arterial to a grade separated limited-access highway. This change has
substantially affected land use and urban form, as well as the viability of many businesses .
The City of Clearwater has determined that U.S. 19 is of strategic economic importance to the
City and Pinellas County. For that reason, the City has taken several steps to encourage
reinvestment in this area. Plans to date include:
·Clearwater Comprehensive Plan amendments (2008): Set forth a Citywide Design
Structure, including identification of corridors to redevelop (e.g., US 19) and Activity
Centers (e.g., Countryside Mall and Clearwater Mall), as well as policies to improve the
“livability” of Clearwater.
·Economic Development Strategic Plan (2011): Recommended an employment center
overlay district to encourage higher-wage employment along the US 19 Corridor.
·Clearwater Greenprint (2011): Identified US 19 as an appropriate corridor for
energy-efficient infill development and redevelopment, and encouraged the use of
transit, walking and cycling for a greater percentage of overall travel.
·US 19 Corridor Redevelopment Plan (2012): Established the City’s vision for the
Corridor as a series of revitalized, mixed-use centers served by enhanced transit, with
high quality development and redevelopment between the Centers, and identified
strategies are organized into four topic areas: Revitalization and Redevelopment,
Competitiveness, Mobility and Connectivity, and Sustainability.
Since late 2013, the City has been working to implement the US 19 Corridor Redevelopment
Plan strategies. These include updates to the City’s Community Development Code. There
are several tasks that must occur before this process can be completed:
1.Adoption of the updated Countywide Plan by the Countywide Planning Authority
(July/August 2015).
2.Creation of new future land use plan categories and zoning districts in the
Comprehensive Plan.
3.Adoption of new US 19 Corridor Zoning District standards.
4.Amendments to the City’s Future Land Use Map and Zoning Atlas.
While the City awaits the adoption of the updated Countywide Plan, staff is engaging the
Page 1 City of Clearwater Printed on 6/11/2015
File Number: TA2015-05002
public for feedback on the proposed US 19 District Standards. Staff will continue to meet with
neighborhood groups and other stakeholders before final recommendations are made for City
Council adoption.
As expected, increased interest in development in the US 19 Corridor area is being seen as
construction activity comes to a close. The City is also at a critical stage in this process .
There is currently a risk that properties in key locations will redevelop in ways that are
inconsistent with the City’s long term Strategic Economic Development Plan objectives.
These are important areas where desired urban form should be considered in the context of
long term objectives and is critical to future success.
Based on these and other factors, it is recommended that a limited moratorium be established
within the proposed Regional and Neighborhood Center sub-districts of the proposed U.S. 19
Corridor Zoning District so that the City can complete this process. This will afford opportunity
in the short term to further refine the document based on public comment. The moratorium
would limit comprehensive plan amendments, rezoning, development approvals, and various
development orders.
It is understood that the proposed stoppage must be short term, limited in focus to the
greatest extent possible, and have clear focus on those areas which have been determined to
be of the highest priority for the City’s strategic economic development objectives.
In an attempt to make sure these aims are achieved, the following limitations are proposed:
The moratorium would not apply to properties within the proposed Corridor subdistrict. While
the moratorium is in place, the following will be allowed:
1.Building permits required for repair and/or maintenance of existing structures.
2.Building permits, which are necessary to rebuild existing structures that were
destroyed as a result of “force majeure,” subject to the city’s land development
regulations, so long as such permits are issued prior to second reading of the
proposed amendment to the city’s Zoning Atlas implementing the proposed
U.S. 19 Corridor Zoning District.
3.Building permits for development approvals that were submitted prior to May
11, 2015.
4.Development approvals for interior or exterior remodeling/renovation or
changes in use consistent with the underlying zoning designation, so long as
such proposed remodeling/renovation or change in use does not expand the
footprint of the existing structure and/or its parking lot.
5.Development approvals for temporary uses pursuant to Article 3, Division 21,
Community Development Code, or signage.
It should be noted that the objectives for the US 19 Corridor District are to promote primary
employment-intensive and transit-supportive development. It aims to create increased
desirability for re-connecting adjoining communities to the new corridor environment.
Therefore it must address issues pertaining to pedestrian safety and walkability. This is
especially important at the new and limited major cross points along the corridor.
When adopted, the standards will provide property owners and residents with much greater
development potential, greater flexibility of a wider range of uses, greater predictability
regarding the form of development, and reduced time and expense in the permitting process
Page 2 City of Clearwater Printed on 6/11/2015
File Number: TA2015-05002
for developments consistent with the corridor plan.
The Community Development Board (CDB) will review the proposed amendment at its
regularly scheduled meeting on June 16, 2015. The Planning and Development Department
will report the recommendations of the CDB at the City Council meeting.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 3 City of Clearwater Printed on 6/11/2015
Ordinance No. 8730-15
ORDINANCE NO. 8730-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO LAND USE; MAKING FINDINGS; IMPOSING A
MORATORIUM UPON CERTAIN COMPREHENSIVE PLAN
AMENDMENTS, REZONINGS, AND ISSUANCE OF CERTAIN
DEVELOPMENT APPROVALS, ORDERS, AND PERMITS,
INCLUDING PROCESSING, FOR NEW DEVELOPMENT WITHIN
THE REGIONAL CENTER AND NEIGHBORHOOD CENTER
SUBDISTRICTS OF THE PROPOSED U.S. 19 CORRIDOR ZONING
DISTRICT AS CONTEMPLATED BY THE U.S. 19 CORRIDOR
REDEVELOPMENT PLAN AND ACTIVITY CENTER AND
MULTIMODAL CORRIDOR BOUNDARY DESIGNATION OF THE
PROPOSED COUNTYWIDE PLAN MAP; PROVIDING FOR
COVERAGE AND DURATION OF THE MORATORIUM;
PROVIDING FOR SEVERABILITY AND SUPERSEDING
INCONSISTENT SECTIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has the authority pursuant to Florida Constitution
Article VIII and Florida Statutes Chapters 166 and 163 to adopt and amend land development
regulations; and
WHEREAS, the City of Clearwater Comprehensive Plan (“the Comprehensive Plan”),
adopted December 8, 2008, established a Citywide Design Structure to serve as a guide to
development and land use decisions while protecting those elements that make the city unique;
and
WHEREAS, the Citywide Design Structure identifies U.S. 19 as a corridor to redevelop;
and
WHEREAS, the Citywide Design Structure identifies the Clearwater Mall/Park Place
area and the Countryside Mall/Westfield area as “Major Activity Centers” which are intended for
high-intensity, high-density multi-use activities centers appropriate for intensive growth; and
WHEREAS, the Comprehensive Plan identifies promotion of high quality design
standards that support Clearwater’s image and contribute to its identity as an objective and calls
for the development of special area plans and/or design guidelines for the Clearwater Mall area,
Westfield Countryside Mall area, and other U.S. 19 areas, as appropriate; and
WHEREAS, the U.S. 19 Corridor Redevelopment Plan (“the Corridor Plan”) was
approved by Resolution No. 12-18 directing the City Manager to implement the strategies
within; and
WHEREAS, the Corridor Plan builds upon the Comprehensive Plan, the Economic
Development Strategic Plan, and Clearwater Greenprint; and
Ordinance No. 8730-15 [GM14-1420-170/166880/8] 2 of 5
WHEREAS, the Corridor Plan is consistent with the proposed new Countywide Plan for
Pinellas County (“the Countywide Plan”), which is comprised of three components: the
Countywide Plan Strategies, Countywide Rules, and Countywide Plan Map series; and
WHEREAS, the proposed Countywide Plan is scheduled for adoption by the Board of
County Commissioners, acting as the Countywide Planning Authority, on August 4, 2015; and
WHEREAS, the U.S. 19 Corridor (“the Corridor”) is approaching a built-out condition
and has continued transitioning into a limited-access highway with overpass interchanges; and
WHEREAS, the Corridor’s transition to a limited-access highway has affected land use,
urban form, and economic development opportunities for the properties along the Corridor, and
it has impacted the mobility of residents, employees, Clearwater visitors, and Clearwater
business customers making use of the properties along the Corridor; and
WHEREAS, the planned redevelopment of the built environment of the Corridor
according to the Corridor Plan is critical to maintaining and improving the city’s economy and
quality of life; and
WHEREAS, the revitalization and redevelopment strategies for the Corridor, pursuant to
the Corridor Plan, include planning for land use intensification, applying new zoning regulations,
adopting new design standards and encouraging employment-intensive and transit-supportive
uses; and
WHEREAS, in order to allow for proper planning and redevelopment along the Corridor
at increased densities and intensities as envisioned within the Corridor Plan and allowed for in
the proposed new Countywide Plan, the U.S. 19 Regional Center, Neighborhood Center and
Corridor Area subdistricts of the proposed U.S. 19 Zoning Corridor District must be analyzed
carefully and must comply with the urban design standards contained within the proposed
Countywide Plan Strategies; and
WHEREAS, the Corridor Plan includes further guidance regarding these new design
standards to ensure individual projects along the Corridor contribute to the creation of more
compact, accessible and attractive pedestrian- and transit-friendly destinations; and
WHEREAS, the Clearwater City Council approved Resolution 15-02, which was
amended by Resolution 15-12, requesting that the proposed Regional and Neighborhood Center
subdistricts and the Corridor subdistrict be designated as Activity Centers and Multimodal
Corridor respectively on the new Countywide Plan Map upon its adoption; and
WHEREAS, this ordinance would not apply to the Corridor Area subdistrict of the
proposed U.S. 19 Zoning Corridor District; and
WHEREAS, a draft version of the proposed Development Standards for the proposed
U.S. 19 Corridor Zoning District is currently available for public review and comment; and
Ordinance No. 8730-15 [GM14-1420-170/166880/8] 3 of 5
WHEREAS, it is necessary to conduct further study in order to further develop
appropriate standards for the proposed U.S. 19 Corridor Zoning District beyond those already
mentioned in these recitals; and
WHEREAS, it is therefore necessary to curtail new development during the time period
required for Pinellas County to adopt the Countywide Plan, and for the City of Clearwater to
study the above matters and for implementation of study results by means of appropriate
amendments to the Clearwater Comprehensive Plan, Community Development Code, Future
Land Use Map, and Zoning Atlas; and
WHEREAS, such study and resulting implementation are expected to take up to and
including July 16, 2015 through July 15, 2016 to process; and
WHEREAS, it is necessary to impose a development moratorium upon only new
development and/or redevelopment occurring within the Regional Center and Neighborhood
Center subdistricts of the proposed U.S. 19 Corridor Zoning District, subject to the exceptions
detailed further herein, in order that such study and resulting implementation may occur; now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Council of the City of Clearwater, Florida hereby finds that a
moratorium on certain development, including processing and issuance of certain approvals and
permits, is necessary in order to protect the public health, safety, and welfare for a period during
the pendency of the City’s planning study process and the adoption of appropriate amendments
to the Clearwater Comprehensive Plan, Community Development Code, Future Land Use Map,
and Zoning Atlas.
Section 2. A moratorium is hereby imposed upon:
The Regional Center and Neighborhood Center subdistricts of the proposed U.S.
19 Corridor Zoning District, as depicted in Exhibit A, as attached hereto,
regarding the processing of all new comprehensive plan amendments, rezonings,
development approvals, development orders, building permits, or other related
permits. The moratorium, however, will not apply to the following:
a. Building permits required for repair and/or maintenance of existing
structures.
b. Building permits, which are necessary to rebuild existing structures
that were destroyed as a result of “force majeure,” subject to the city’s
land development regulations, so long as such permits are issued prior
to second reading of the proposed amendment to the city’s Zoning
Atlas implementing the proposed U.S. 19 Corridor Zoning District.
c. Building permits for development approvals that were submitted prior
to May 11, 2015.
Ordinance No. 8730-15 [GM14-1420-170/166880/8] 4 of 5
d. Development approvals for interior or exterior remodeling/renovation
or changes in use consistent with the underlying zoning designation, so
long as such proposed remodeling/renovation or change in use does
not expand the footprint of the existing structure and/or its parking lot.
e. Development approvals for temporary uses pursuant to Article 3,
Division 21, Community Development Code, or signage.
Section 3. During the period of this moratorium the City shall not process or issue any
new comprehensive plan amendments, rezonings, development approvals, development orders,
building permits, or other related permits, nor shall it process applications, concerning such
matters, except for in those specific instances listed in subsections a through e in the section
above in the Regional Center and Neighborhood Center subdistricts of the proposed U.S. 19
Corridor Zoning District.
Section 4. The moratorium established by this Ordinance shall commence on the
effective date of this Ordinance and shall remain in effect through and including July 16, 2015
through July 15, 2016.
Section 5. If any section, provision, clause, phrase, or application of this Ordinance shall
be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the
remaining provisions shall be deemed severable therefrom and shall remain in full force and
effect.
Section 6. All Ordinances or parts of Ordinances of said City in conflict with the
provisions of this Ordinance are hereby superseded to the extent of such conflict.
Section 7. This ordinance shall take effect immediately upon adoption.
[This space intentionally left blank. Signature page to follow.]
Ordinance No. 8730-15 [GM14-1420-170/166880/8] 5 of 5
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Camilo A. Soto Rosemarie Call
Assistant City Attorney City Clerk
CURLEW RD
EVANS RD
ENTERPRISE R D
CURLEW AVE
CONGRESS AVE
NORTHSIDE DR
C O U N T R Y SI D E B L V D
Exhibit A-1City of ClearwaterProposed US 19 CorridorZoning District:Regional Center,Neighborhood Center,and Corridor SubdistrictBoundaries
Proposed US 19 Zoning District
Regional Center Subdistrict
Neighborhood Center Subdistrict
Corridor SubdistrictPreservation Zoning District
Outside Clearwater City Limits
±0 ¼½Mi.
SR 590
SUNSET POINT RD
FAIRWOOD A V E
ENTERPRIS E R D
OLD COACHMAN RD
N E C O A C H M A N
R D
Exhibit A-2City of ClearwaterProposed US 19 CorridorZoning District:Regional Center,Neighborhood Center,and Corridor SubdistrictBoundaries
Proposed US 19 Zoning District
Regional Center Subdistrict
Neighborhood Center Subdistrict
Corridor SubdistrictPreservation Zoning District
Outside Clearwater City Limits
±0 ¼½Mi.
DREW ST
SR 590
GULF TO BAY BLVD
FAIRWO O D A V E
OLD COACHMAN RD
BELLEAIR RD
DRUID RD
NURSERY RD
N E C O A C H M A N
R D
MCMULLEN BOOTH RD
HARN BLVD
Exhibit A-3City of ClearwaterProposed US 19 CorridorZoning District:Regional Center,Neighborhood Center,and Corridor SubdistrictBoundaries
Proposed US 19 Zoning District
Regional Center Subdistrict
Neighborhood Center Subdistrict
Corridor SubdistrictPreservation Zoning District
Outside Clearwater City Limits
±0 ¼½Mi.
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE: June 16, 2015
AGENDA ITEM: F.3.
CASE: TA2015-05002
ORDINANCE NO.: 8730-15
REQUEST: Review and recommendation to the City Council, of an amendment to the
Community Development Code, imposing a 12-month moratorium for the
proposed Regional Center and Neighborhood Center subdistricts of the
proposed U.S. 19 Corridor Zoning District.
INITIATED BY: City of Clearwater, Planning and Development Department
BACKGROUND:
The U.S. 19 Corridor within the City of Clearwater has transitioned over the last decade from an at-grade full
access arterial to a grade separated limited-access highway. This change has substantially affected land use
and urban form, as well as the viability of many businesses. The City of Clearwater has determined that U.S.
19 is of strategic economic importance to the City and Pinellas County. For that reason, the City has taken
several steps to encourage reinvestment in this area. Plans to date include:
Clearwater Comprehensive Plan amendments (2008): Set forth a Citywide Design Structure,
including identification of corridors to redevelop (e.g., U.S. 19) and Activity Centers (e.g.,
Countryside Mall and Clearwater Mall), as well as policies to improve the “livability” of Clearwater.
Economic Development Strategic Plan (2011): Recommended an employment center overlay district
to encourage higher-wage employment along the U.S. 19 Corridor.
Clearwater Greenprint (2011): Identified U.S. 19 as an appropriate corridor for energy-efficient infill
development and redevelopment, and encouraged the use of transit, walking and cycling for a greater
percentage of overall travel.
U.S. 19 Corridor Redevelopment Plan (2012): Established the City’s vision for the Corridor as a
series of revitalized, mixed-use centers served by enhanced transit, with high quality development
and redevelopment between the Centers, and identified strategies are organized into four topic areas:
Revitalization and Redevelopment, Competitiveness, Mobility and Connectivity, and Sustainability.
Since late 2013, the City has been working to implement the U.S. 19 Corridor Redevelopment Plan
strategies. These include updates to the City’s Community Development Code. There are several tasks that
must occur before this process can be completed:
1. Adoption of the updated Countywide Plan by the Countywide Planning Authority (July/August
2015).
2. Creation of new future land use plan categories and zoning districts in the Comprehensive Plan.
Community Development Board – June 16, 2015
TA2015-05002 – Page 2
Community Development Code Text Amendment PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
3. Adoption of new U.S. 19 Corridor Zoning District standards.
4. Amendments to the City’s Future Land Use Map and Zoning Atlas.
While the City awaits the adoption of the updated Countywide Plan, staff is engaging the public for feedback
on the proposed U.S. 19 District Standards. Staff will continue to meet with neighborhood groups and other
stakeholders before final recommendations are made for City Council adoption.
As expected, increased interest in development in the U.S. 19 Corridor area is being seen as construction
activity comes to a close. The City is also at a critical stage in this process. There is currently a risk that
properties in key locations will redevelop in ways that are inconsistent with the City’s long term Economic
Development Strategic Plan objectives. These are important areas where desired urban form should be
considererd in the context of long term objectives and is critical to future success.
Based on these and other factors, it is recommended that a limited moratorium be established within the
proposed Regional and Neighborhood Center subdistricts of the proposed U.S. 19 Corridor Zoning District
so that the City can complete this process. This will afford opportunity in the short term to further refine the
document based on public comment. The moratorium would limit comprehensive plan amendments,
rezoning, development approvals, and various development orders.
It is understood that the proposed stoppage must be short term, limited in focus to the greatest extent
possible, and have clear focus on those areas which have been determined to be of the highest priority for the
City’s strategic economic development objectives.
The moratorium would not apply to properties within the proposed Corridor subdistrict. While the
moratorium is in place, the following will be allowed:
1. Building permits required for repair and/or maintenance of existing structures.
2. Building permits, which are necessary to rebuild existing structures that were destroyed as a
result of “force majeure,” subject to the city’s land development regulations, so long as such
permits are issued prior to second reading of the proposed amendment to the city’s Zoning
Atlas implementing the proposed U.S. 19 Corridor Zoning District.
3. Building permits for development approvals that were submitted prior to May 11, 2015.
4. Development approvals for interior or exterior remodeling/renovation or changes in use
consistent with the underlying zoning designation, so long as such proposed
remodeling/renovation or change in use does not expand the footprint of the existing structure
and/or its parking lot.
5. Development approvals for temporary uses pursuant to Article 3, Division 21, Community
Development Code, or signage.
The moratorium would, however, preclude the processing of all other comprehensive plan amendments,
rezonings, development approvals, development orders, building permits and other related permits for those
parcels within the proposed Regional Center and Neighborhood Center subdistricts of the proposed US 19
Corridor Zoning District.
It should be noted that the objectives for the U.S. 19 Corridor District are to promote primary employment-
intensive and transit-supportive development. It aims to create increased desirability for re-connecting
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adjoining communities to the new corridor environment. Therefore it must address issues pertaining to
pedestrian safety and walkability. This is especially important at the new and limited major cross points
along the corridor.
When adopted, the standards will provide property owners and residents with much greater development
potiential, greater flexibility of a wider range of uses, greater predictability regarding the form of
development, and reduced time and expense in the permitting process for developments consistent with the
corridor plan.
Following is further analysis and Ordinance No. 8730-15.
ANALYSIS:
To assist in the redevelopment of the U.S. 19 Corridor in a manner that promotes the public interest, it is
necessary to balance development incentives (e.g., significant increase of allowed development potential,
greater height, and broader mix of uses approvable at a staff level) with provisions of public benefits and
amenities (e.g., prioritizing walkable environments through defined building placement, pedestrian
walkways and improved connections). To achieve that balance, a 12-month (July 16, 2015 through July 15,
2016) moratorium is recommended within the proposed Regional Center and Neighborhood Center
subdistricts of the US 19 Corridor Zoning District. The proposed moratorium would not apply to properties
within the proposed Corridor subdistrict, which accounts for almost 28 percent of the land to be included in
the U.S. 19 Corridor Zoning District.
In addition to allowing owners to complete repair and maintenance on their properties, the proposed
moratorium still allows property owners throughout the corridor to receive development approvals for the
remodeling of interiors and façades of existing structures, as long as the changes do not include expansion of
the structure and/or its parking lot. This will allow staff to approve changes in use consistent with the
current zoning designation. Development approvals for temporary uses or signage would not be restricted
during the proposed moratorium. Additionally, structures that may be destroyed as a result of force majeure
could potentially be rebuilt under the current zoning regulations, as long as building permits are issued prior
to the Zoning Atlas amendments (rezoning) becoming effective (second reading). Finally, any development
approvals submitted prior to May 11, 2015, would be allowed to proceed through the complete process and
receive building permits.
The proposed moratorium will, however, preclude the processing of all other comprehensive plan
amendments, rezonings, development approvals, development orders, building permits and other related
permits for those parcels within the proposed Regional Center and Neighborhood Center subdistricts of the
proposed U.S. 19 Corridor Zoning District.
Since the approval of the Corridor Plan in December 2012, the City has seen increased interest in
development along the corridor. This can be attributed to the improvement in the market, in particular for
attached dwellings, as well as to the increased densities/intensities proposed within the Corridor Plan. Due to
circumstances outside of the City’s control, the drafting of the updated Countywide Plan took longer than
expected, and delays in scheduling the public hearings to adopt the Countywide Plan affected the City’s
ability to allow for development at the proposed increased intensity, and also the City has not been able to
require development to conform to the new form desired.
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The Department has met with numerous property owners and representatives through the Building Plans
Review Committee (BPRC) process, as well as individual meetings, to discuss the desired mix of uses and
form of development within the Regional and Neighborhood Centers. Unfortunately, staff has also been
asked many times when the new Code is anticipated for adoption so that they could submit new development
proposals “under the old code.” This question has typically been asked by franchises for various automobile
service stations, storage facilities, and restaurants with drive-through components. Although the proposed
standards would allow each of these uses along the corridor, the change from an auto-oriented to pedestrian-
oriented form of development is something these customers have typically wanted to avoid.
Briefly, the standards within the U.S. 19 Corridor District are designed to accomplish the following:
Promote more employment-intensive and transit-supportive development
Establish walkable, mixed use destinations at major cross streets; and
Provide safe, attractive, and accessible settings for working, living, and shopping.
The types of development, both approved, recently submitted, and discussed at BPRC, do not achieve these
goals. For example, several properties within the Regional and Neighborhood Centers have redeveloped in
ways inconsistent with the desired urban form of the proposed zoning district standards, and others have
been approved for uses that are allowed through the existing Community Development Code standards but
are not the types of uses the proposed zoning district targets for economic vitality in these Centers.
Within the Clearwater Mall Area Regional Center, a new 426-unit attached dwelling complex is under
construction, and a new drive-through restaurant and several other buildings have been constructed in a form
which is inconsistent with the proposed zoning district standards (e.g., setback further from the street with
parking in front or with drive-through facilities in locations other than the rear of the building). Similarly,
within the Countryside Area Regional Center, an office building (constructed) and a retail plaza (proposed)
contain drive-through facilities in locations which the zoning district standards would prohibit and parking is
located within the front setbacks where the proposed standards limit parking to side and rear areas. The
proposed retail plaza site is identified as a “key corner” because of its economic development potential and
location along the corridor, where additional standards would apply.
In addition to parcels that have received development orders and/or building permits, several conceptual
projects have been presented to the members of the BPRC within both the Regional and Neighborhood
Centers, including redevelopment of several large (10+ acre) properties. The Department has provided
consistent guidance regarding the proposed changes.
During the moratorium Staff will prepare amendments to the Comprehensive Plan which will establish new
future land use categories for the U.S. 19 Regional Center, U.S. 19 Neighborhood Center, and U.S. 19
Corridor (to be applied to the “in-between” areas) and will create the new U.S. 19 Corridor Zoning
District/Subdistricts in the Comprehensive Plan. Staff will also complete the proposed U.S. 19 Corridor
Development Standards which would apply to properties within the subdistricts and present the standards to
City Council for their approval. Lastly, staff would initiate Future Land Use Map and Zoning Atlas
amendments to apply the new categories and subdistricts to the properties within the City along the U.S. 19
corridor. The Department will also initiate the public hearing process for the Comprehensive Plan
amendments once the Countywide Plan is adopted by the CPA in August 2015. The complete process
Community Development Board – June 16, 2015
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should be completed in its entirety within the next 10 months, with the Future Land Use Map and Zoning
Atlas amendments anticipated to be effective in mid-June, 2016, should there be no other delays.
CRITERIA FOR TEXT AMENDMENTS:
Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text
amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the
Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives and Policies
which will be furthered by the proposed Code amendment:
Goal A.5 The City of Clearwater shall identify and utilize a Citywide Design Structure
comprised of a hierarchy of places and linkages. The Citywide Design Structure will
serve as a guide to development and land use decisions while protecting those
elements that make the city uniquely Clearwater.
Objective A.5.1 Establish the Hierarchy of Places as shown on Map A-14
Policy A.5.1.1 Identify Activity Centers: high intensity, high-density multi-use areas designated as
appropriate for intensive growth and routinely provide service to a significant number
of citizens of more than one county. Activity centers are proximate and accessible to
interstate or major arterial roadways, and are composed of multiple destination points,
landmarks and neighborhood centers and character features.
Objective A.5.2 Define linkages as shown on Map A-14.
Policy A.5.2.7 Identify Redevelopment Corridors: those corridors or portions of corridors that need a
character change or restoration to a better condition.
Objective A.5.4 Use the Citywide design structure as a guide to support redevelopment of properties
along important corridors, such as:
Policy A.5.4.5 Gulf-to-Bay Boulevard east of U.S. Highway 19. Amendments to the Future Land Use
Plan and Zoning Atlas may be considered to promote redevelopment and land
assembly. Annexations and the installation of appropriate streetscape improvements
should be encouraged.
Policy A.5.4.9 Support the adoption and utilization of Future Land Use Plan categories made
available by the Countywide Plan Rules that are consistent with and promote infill and
desired redevelopment along corridors.
Objective A.5.5 Promote high quality design standards that support Clearwater’s image and contribute
to its identity.
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Policy A.5.5.3 Explore the development of special area plans and/or design guidelines for Westfield
Shoppingtown Countryside, Clearwater Mall, Hercules Industrial Area, Morton Plant
Hospital Area and others, as appropriate.
The above Goal, Objectives and Policies establishing the Citywide Design Structure, were included in
the Comprehensive Plan when it was adopted December 8, 2008. The Design structure established a
hierarchy of places, including major activity centers, destination points, multi-neighborhood and
neighborhood shopping centers, landmarks, and neighborhood character features. The policies support
the establishment of Activity Centers where higher intensity development should occur within the U.S.
19 Corridor area and indicate that the City should develop plans and design standards for these areas,
which is achieved through the U.S. 19 Corridor Redevelopment Plan.
Goal A.6 The City of Clearwater Shall utilize innovative and flexible planning and engineering
practices, and urban design standards in order to protect historic resources, ensure
neighborhood preservation, redevelop blighted areas, and encourage infill
development.
Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be
a high priority and promoted through the implementation of redevelopment and
special area plans, the construction of catalytic private projects, city investment, and
continued emphasis on property maintenance standards.
Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic
opportunity, the creation of jobs and training opportunities as well as the maintenance
of existing industries through establishment of enterprise zones, activity centers and
redevelopment areas and by coordination with the Chamber of Commerce, Tourist
Development Council and other economic development organizations and agencies.
The above Goal, Objective and Policy indicate the City’s commitment to redevelopment that supports the
economic development goals of the City. The City has invested in the U.S. 19 Corridor through several
projects, including the U.S. 19 Corridor Redevelopment Plan and the proposed U.S. 19 Corridor Zoning
District Development Standards which, if approved, will allow for a broader mix of uses including
certain targeted employment uses along the corridor to be approved more expeditiously.
Objective A.6.5 The City shall encourage improved land use compatibility through the evaluation of
traffic calming techniques, multi-modal transportation networks, and the use of transit
oriented development planning.
Objective A.6.8 Identify those areas of the City that are appropriate for redevelopment as livable
communities and require that specific sustainable elements be used in the
redevelopment of these areas.
Policy A.6.8.1 Build active, attractive communities that are designed at a human scale and encourage
walking, cycling and use of mass transit.
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Policy A.6.8.2 Encourage mixed-use development that includes a combination of compatible land
uses having functional interrelationships and aesthetic features.
Policy A.6.8.3 Where appropriate, development shall provide a sense of pedestrian scale on streets
through minimal front setbacks, similar building heights, street trees and
proportionality of building heights to street widths.
Policy A.6.8.4 Use native plants in landscaped areas, use xeriscaping wherever possible and protect
natural features of a developing site.
Policy A.6.8.5 Provide easy access to residential, commercial and recreational areas by providing
direct routes such as trails and continuous sidewalks between destinations, in order to
minimize potential conflicts between pedestrians and motor vehicles.
Policy A.6.8.6 Encourage the development of interconnected systems of natural areas, parks,
sidewalks, greenways, trails and open spaces.
Policy A.6.8.7 Create mixed-use, higher density, livable communities through design, layout and use
of walkability techniques within existing and proposed transit corridors, including
proposed TBARTA lines and stations.
Policy A.6.8.8 Design and construct pedestrian-oriented streets to include continuous tree-lined
sidewalks buffered from traffic by on-street parking and/or landscaping and that
include pedestrian amenities such as benches, trash receptacles, bus shelters and
lighting.
Policy A.6.8.9 Promote a variety of transportation modes such as walking, bicycling, ride sharing and
mass transit to increase transportation choices and decrease dependence on the single-
occupancy automobile.
The proposed Corridor Zoning District Development Standards implement the Objectives and Policies
above in a comprehensive manner. The proposed moratorium will provide an opportunity for further
refinement of the proposed standards, while precluding new development that would not necessarily be
consistent with these Objectives and Policies.
Policy A.4.1.2 The City shall recognize the overriding Constitutional principle that private property
shall not be taken without due process of law and the payment of just compensation,
which principle is restated in Section 1633194(4)(a), Florida Statutes.
The proposed moratorium is for a specific timeframe of 12 months and does not permanently take away
property rights. During the moratorium, development of parcels within the proposed Corridor subdistrict
of the proposed U.S. 19 Zoning Corridor District can be processed.
Community Development Board – June 16, 2015
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2. The proposed amendment furthers the purposes of the Community Development Code and other
City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the CDC in that it will be consistent with the
following purposes set forth in Section 1-103.
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 procedure 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 (Section 1-103.A., CDC).
The imposition of a moratorium for 12 months provides the necessary time to further develop the
standards for the proposed U.S. 19 Corridor Zoning District. The goals of the new zoning district are to
enhance the character of this area and improve the quality of life for all residents and property of owners
by ensuring quality design of the built environment along the U.S. 19 Corridor while protecting the
surrounding residential neighborhoods.
It is the further purpose of this Development Code to protect the character and the social and
economic stability of all parts of the city through the establishment of reasonable standards which
encourage the orderly and beneficial development of land within the city (Section 1-103.E.2., CDC).
The proposed moratorium will enable the City to adopt land use regulations crafted to ensure projects
within the proposed Regional and Neighborhood Center subdistricts fully leverage development rights to
achieve full economic potential. These provisions will assist in the orderly and beneficial development of
land within this area. Adequately balancing incentives and opportunities for redevelopment with the
provision of public benefits and amenities will lead to economic stability within the area.
It is the further purpose of this Development Code to provide the most beneficial relationship
between the uses of land and buildings and the circulation of traffic throughout the city, with
particular regard for safe and efficient vehicular and pedestrian traffic movement (Section 1-103.E.4.,
CDC).
The transition of U.S. 19 from a roadway providing land access into a limited-access highway with
overpass interchanges has negatively affected the land use, urban form, and mobility of residents,
employees, customers and visitors. Traffic moves significantly faster, even along the frontage roads
which are posted for slower speeds. The proposed moratorium will enable the City to refine the proposed
standards which ensure individual projects along the corridor contribute to the creation of more compact,
accessible and attractive pedestrian- and transit-friendly destinations.
It is the further purpose of this Development Code to establish zoning districts of a size, type,
location and with standards that reflect the existing and desirable characteristics of a particular area
within the city (Section 1-103.E.8., CDC).
It is the further purpose of this Development Code to establish permitted uses corresponding with the
purpose and character of the respective zoning districts and limit uses within each district to those
uses specifically authorized (Section 1-103.E.9., CDC).
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It is the further purpose of this Development Code to establish use limitations for specified uses
consistent with the zoning district in which they are allowed and the particular characteristics of such
specified uses (Section 1-103.E.10., CDC).
It is the further purpose of this Development Code to enumerate density, area, width, height, setback,
coverage and like requirements for each district, and make appropriate distinctions between
categories of use within districts, based on the general purposes of this article, the Comprehensive
Plan, and existing and desired community characteristics (Section 1-103.E.11., CDC).
It is the further purpose of this Development Code to coordinate the provisions of this Development
Code with corollary provisions relating to parking, fences and walls, signs, and like supplementary
requirements designed to establish an integrated and complete regulatory framework for the use of
land and water within the city (Section 1-103.E.12., CDC).
The proposed moratorium will enable the City to adopt the proposed U.S. 19 Corridor Zoning District
and subdistricts, which will ultimately encourage a broad mix of uses throughout the corridor, while
targeting the establishment of certain desired uses within the proposed Regional and Neighborhood
Center subdistricts. The proposed new zoning district standards would allow significantly higher
intensity of development. In order to offset the increased level of development and to protect the
surrounding residential districts, these new standards will require placement of buildings within the
Regional and Neighborhood Center subdistricts within specific setback ranges, and in some areas will
require parking to be to the side or rear of buildings, as consistent with an urban center.
SUMMARY AND RECOMMENDATION:
The proposed amendment to the Community Development Code is consistent with and will further the goals
of the Clearwater Comprehensive Plan and the purposes of the Community Development Code for the
reasons cited above. The Planning and Development Department recommends APPROVAL of Ordinance
No. 8730-15 that imposes a moratorium within the proposed Regional and Neighborhood Center subdistricts
of the proposed Corridor Plan for a period of no more than 12 months (July 16, 2015 through July 15, 2016).
Prepared by Planning and Development Department Staff:
Lauren Matzke, AICP,
Long Range Planning Manager
ATTACHMENTS:
Ordinance No. 8730-15
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1375
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 7.6
SUBJECT/RECOMMENDATION:
Approve amendments to the Clearwater Community Development Code modifying the means
of conveyance for public notice on development applications; and pass Ordinance 8746-15 on
first reading. (TA2015-05003)
SUMMARY:
The proposed Ordinance amends some aspects as to how public notice is conveyed for Level
One, Two and Three applications. Notice for Level One, Flexible Standard Development,
applications shall continue to be done by mail only. Notice for Level Two, Flexible
Development, applications would be provided by mail and by posting a sign on-site (new), with
advertisement in the newspaper no longer required. Notice for Level Three applications would
also continue to be by publication of notice in the newspaper, by mail, and by posting a sign
on-site.
The Planning and Development Department has determined that the proposed text
amendment to the Community Development Code is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan and the Community Development Code as
outlined in the staff report. The CDB will review the proposed text amendment at its meeting
of June 16, 2015; the recommendation of the Board will be provided to City Council at its
meeting on June 18, 2015.
Page 1 City of Clearwater Printed on 6/11/2015
1
ORDINANCE NO. 8746-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 4, SECTION 4-202, TO CHANGE THE NOTICE
REQUIREMENTS FOR LEVEL ONE APPLICATIONS; AMENDING
ARTICLE 4, SECTION 4-206, TO CHANGE THE NOTICE
REQUIREMENTS FOR LEVEL TWO AND THREE APPLICATIONS;
CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE
PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City; and
WHEREAS, the City of Clearwater has determined where the Community Development
Code and Code of Ordinances needs clarification and revision; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-202, Applications for Development Approval, Community
Development Code be amended to read as follows:
* * * * * * * * * *
C. Determination of completeness.
1. Determination of completeness. Within seven working days after the published
application deadline, the community development coordinator shall determine
whether an application is complete.
* * * * * * * * * *
b. Notice to abutting property owners. When the community development
coordinator has accepted an application for level one approval (flexible
standard development) for filing, he shall immediately notify the owners of
the property within 200 feet of the property, excluding any water bodies
within that distance, which is the subject of the application and any
affected neighborhood association and any citywide neighborhood
association in writing that an application has been filed, the nature of the
approval requested and the procedure for consideration of the
application, as well as the right of the owner to appeal a decision.
b. Notice to abutting property owners. After the community development
coordinator has accepted a Level One (flexible standard development)
application for filing, he shall mail notice of the application to each owner
of record of any land within a 200-foot radius of the perimeter boundaries
of the subject property. Notice shall also be mailed to any affected
2
registered local neighborhood association and to any citywide
neighborhood association. Notice shall be provided no less than ten days
prior to the review of the application before the Development Review
Committee (determination of sufficiency). All notices shall include a
summary of the proposal under consideration, the procedure for
consideration of the application, the address of the subject property, and
contact information for both the applicant and the City.
* * * * * * * * * *
Section 2. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-206, Notices and Public Hearings, Community Development
Code be amended to read as follows:
* * * * * * * * * *
C. Notice of hearings. The city clerk is shall be responsible for providing notices for all
required public hearings:.
1. All notices of public hearings shall include:
a. The date, time and place of the hearing.
b. A summary of the proposal under consideration.
c. The address of the property and a locational map graphically portraying
the location of the property (if applicable required by Florida Statute).
d. A contact in the city and telephone number in order to obtain further
information.
2. All notices of public hearings shall be provided:
a. By publication of a copy of the notice in one or more newspapers with
general circulation in the City of Clearwater.
b. By sending a copy of the notice by mail to each owner of record, if
different from the applicant, of any land on which development is
proposed.
c. For Level Two approvals, by sending a copy of the notice by mail to each
owner of record of any land within 200 feet of the parcel proposed for
development, excluding any water body. Notice shall also be mailed to
any affected registered local neighborhood association and to any
citywide neighborhood association.
d. For Level Three approvals, by sending a copy of the notice by mail to
each owner of record of any land within 200 feet of the property on which
development is proposed, excluding any water body. Notice shall also be
mailed to any affected registered local neighborhood association and to
any citywide neighborhood association. If more than 30 owners of
property are involved, unless otherwise directed by the city commission,
in lieu of mailing such notice, the clerk may publish the notice at least
twice in a newspaper of general circulation.
e. By posting a sign for Level Three approvals only, at least six square feet
in area and not exceeding six feet in height facing the street(s) on the
parcel proposed for development.
3
a. For Level Two approvals:
1. By sending a copy of the notice by mail to each owner of record of
any land within a 200-foot radius of the perimeter boundaries of
the subject property. Notice shall also be mailed to any affected
registered local neighborhood association and to any citywide
neighborhood association. Notice shall be provided no less than
ten days prior to the review of the application before the
Community Development Board.
2. By posting a sign at least three square feet in area and not
exceeding six feet in height facing the street(s) on the parcel
proposed for development. The sign shall include the case
number, property address, hearing dates and a contact phone
number.
b. For Level Three approvals:
1. By publication of a copy of the notice in one or more newspapers
with general circulation in the City of Clearwater.
2. By sending a copy of the notice by mail to each owner of record of
any land within a 200-foot radius of the perimeter boundaries of
the subject property. Notice shall also be mailed to any affected
registered local neighborhood association and to any citywide
neighborhood association. Notice shall be provided no less than
ten days prior to the review of the application before the City
Council. If more than 30 owners of property are involved, unless
otherwise directed by the City Council, in-lieu of mailing such
notice, the clerk may publish the notice at least twice in a
newspaper of general circulation in the city of Clearwater.
3. By posting a sign at least three square feet in area and not
exceeding six feet in height facing the street(s) on the parcel
proposed for development. However, if a single application
includes more than 25 contiguous parcels and is greater than 10
acres, then no sign shall be required to be posted.
4. By certified mail to the property owner for the voluntary annexation
of a noncontiguous property in an enclave as defined in Section
171.031(13)(a), Florida Statutes, within the city’s service area.
The certified mailing shall be sent prior to each reading of the
ordinance.
* * * * * * * * * *
Section 3. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 4. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City’s Comprehensive Plan.
4
Section 5. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 6. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ____________________________
Camilo Soto Rosemarie Call
Assistant City Attorney City Clerk
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE: June 16, 2015
AGENDA ITEM: F. 2.
CASE: TA2015-05003
ORDINANCE NO.: 8746-15
REQUEST: Review and recommendation to the City Council, of an amendment to the
Community Development Code.
INITIATED BY: City of Clearwater, Planning and Development Department
BACKGROUND:
The Planning and Development Department has regularly reviewed the Code as it applies to certain
proposed development. Staff has provided input toward improving the Code based on how staff has
experienced the Code’s application toward various circumstances.
ANALYSIS:
Proposed Ordinance No. 8746-15 amends some aspects as to how public notice is conveyed for Level
One, Two and Three applications. Notice for Level One, Flexible Standard Development applications
shall continue to be done by mail only. Notice for Level Two, Flexible Development applications
would be provided by mail and by posting a sign on-site (new) with advertisement in the newspaper no
longer required. This change will result in reduced cost to the public in the provision of public notice,
and will allow staff additional time to prepare case descriptions for notices (reducing potential for
errors) as the notice timelines will no longer be constrained by newspaper deadlines. Notice for Level
Three applications would also continue to be by publication of notice in the newspaper, by mail, and by
posting a sign on-site. The only change concerning Level Three applications is an exemption to
posting a sign on-site when the application involves 25 contiguous parcels and is greater than ten acres.
This exemption is proposed to eliminate what would potentially be an expensive requirement to the
public, as well as the elimination of substantial amount of visual clutter that would result from the
posting.
CRITERIA FOR TEXT AMENDMENTS:
Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text
amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and objectives of
the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan did not find any Goals, Objectives or Policies that
would be applicable to the provision of public notice. While the proposed amendments will not
further any specific Goal, Objective or Policy, the proposed amendment will not be detrimental to
the Comprehensive Plan.
Community Development Board – June 16, 2015
TA2015-05003 – Page 2
2. The proposed amendment furthers the purposes of the Community Development Code and
other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further Section 1-103.A., CDC, by improving the rules of
procedure for land development approvals through improvements to public notice requirements.
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 procedure 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 (Section 1-103.A.,
CDC).
SUMMARY AND RECOMMENDATION:
The proposed amendment to the Community Development Code is not inconsistent with the goals,
objectives and policies of the Clearwater Comprehensive Plan and will further the purposes of the
Community Development Code. Based upon the above, the Planning and Development Department
recommends APPROVAL of Ordinance No. 8746-15 that amends the Community Development
Code.
Prepared by Planning and Development Department Staff:
Robert G. Tefft,
Development Review Manager
ATTACHMENTS: Ordinance No. 8746-15
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1385
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Auditor
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Appoint a five-member City Audit Committee, comprising a Councilmember, a Citizen, and
three City Staff, for a five-year term expiring June 12, 2020, pursuant to Section 218.391
Florida Statutes.
SUMMARY:
Per Council Policy adopted December 3, 2009, the Council appoints a five member Audit
committee for selection of the City’s external financial auditors via a competitive Request for
Proposals (RFP) process every five years and for management of the external audit process
as appropriate.
The current agreement with the City’s external auditors expired with the recently completed
fiscal year 2014 audit. Appointment of an audit committee is needed at this time to begin the
RFP process for the next five year term, fiscal years 2015 to 2019.
Councilmember Bill Jonson and Herbert McLachlan, a Clearwater citizen, have agreed to
serve on the committee. The three City staff members recommended for appointment
include: Martin Moran, Administrative Support Manager, Fire; Mary Beth Setter, Accounting
Manager, Finance; and Robin Gomez, City Internal Auditor.
Page 1 City of Clearwater Printed on 6/11/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1381
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Approve a contract (blanket purchase order) to HD Supply, of Tampa, FL in the annual
amount of $250,000, for the purchase of MRO Supplies and Related Services as needed, for
a one-year period, with two annual renewal terms, and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
HD Supply located in Tampa, Florida carries numerous parts and materials relating to the
Utility industry including but not limited to: pipe, valves, fittings, tools and equipment that are
used in the daily operations of the Water Distribution and Wastewater Collections systems.
This blanket purchase order (BPO) replaces existing BPO BR510445.
The HD Supply contract is available via piggyback through U.S. Communities, bid by Maricopa
County, Arizona, and authorized for use by City Code Section 2.564, Exceptions to Bid and
Quotation Procedures, (d) authorizing use of contracts previously awarded by other
governmental agencies. The multi-agency aggregate volume on this contract affords the City
competitive pricing that the City would not be able to obtain through a bid on its own.
HD Supply's contract 11019 is effective through July 31, 2018. The contract provides for
maintenance, repair and operating (MRO) supplies and related services available from HD
Supply. Staff requests authorization to utilize the contract for three annual periods on a BPO.
APPROPRIATION CODE AND AMOUNT:
Funds are available in 0421-02051-550400-533-000-0000, Water Distribution (operating
supplies) to fund this contract.
Page 1 City of Clearwater Printed on 6/11/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1382
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 9.2
SUBJECT/RECOMMENDATION:
Approve two contract (blanket purchase order) renewal terms to NALCO Chemicals, Inc., of
Naperville, IL, in the annual amount of $150,000, for Antiscalant, and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
During the first year of this blanket purchase order (BPO), Antiscalant was used only at the
Reverse Osmosis (RO) 1 water treatment plant. The use of Antiscalant has grown due to
Membranes now being used at both reverse osmosis water treatment plants. The Antiscalant
is necessary to protect the RO membranes from fouling and clogging when treating raw water,
in order to produce drinking water.
Antiscalant was bid in May 2014. Six responses were received. NALCO was the lowest,
responsible bidder based on dosage rates (1.2 ppm) at the bid price per pound ($1.40), while
also meeting the majority of the bid specifications, with a price that was held firm for one year.
The August 2015 renewal price is $1.42 per pound, and will be held firm for one year. The
August 2016 renewal price will be negotiated and held firm for the third year of the contract.
APPROPRIATION CODE AND AMOUNT:
Funds for this contract are available in the Water and Sewer Utility Fund, Water Production
operating cost code 0421-02053-551000-533-000-0000.
Page 1 City of Clearwater Printed on 6/11/2015
NALCO –AN ECOLAB COMPANY
875 CONCOURSE PKWY S, SUITE150
MAITLAND,FL 32751
June 1, 2015
Glenn Daniel
City of Clearwater
Public Utilities
Subject: Extension for RO Antiscalant
Dear Mr. Daniel,
Nalco agrees to extend the current contract pricing for the RO Antiscalant from 8/1/2015 to
7/31/2016. The product pricing will remain unchanged and is as follows:
PRODUCT PRICE
PERMATREAT PC-191T.61 $1.42 PER POUND
All other terms and conditions are to remain the same.
Thank you very much for this opportunity to be of service to you,and we look forward to our
continued partnership in helping to provide the City of Clearwater with clean drinking water.
If you have any questions, please do not hesitate to contact me.
Thank you!
Chris Nowicki
Nalco –An Ecolab Company
District Representative
(813) 295-9167
cnowicki@nalco.com
Interoffice Correspondence Sheet
To:Glenn Daniel, Water, Reclaimed and WW Collections Manager
From:Greg Turman, Water Production Coordinator
CC:Tracy Mercer, Public Utilities Director
Date:July 23, 2014
RE:Antiscalant for RO Plant #1
On 5/30/2014I solicited bids from six vendors to supply antiscalant for RO Plant #1. On
July 18th I received responses from all six vendors.
I evaluated the responses to the RFQ using two matrixes: Cost and Bid Specs Met.
Attached are the rankings.
NALCO is the low bid based on dosage rates at the stated price per poundwhile also
meeting the majority of the bid specifications. (King Lee was the low bid, but addressed
only 4 of the 15 bid specifications and none of the warranty terms.)
NALCO responded affirmatively to 12 of the 15 bid specifications, agreeing to provide
shipping and handling safety procedures and a Certificate of Analysis with the first
shipment. NALCO also agrees to perform toxicity testing of the product bid. Failure to
provide these items would be grounds for termination of the contract.
NALCO’s responsealso affirmatively addressesall three warranty items.
It is my recommendation that the City award NALCO with the contract to provide
antiscalant to the City of Clearwater for RO Plant #1.
King Lee $15,420.63
NALCO $16,262.80
GE $17,501.87
HARN $21,102.92
Harcros $21,780.54
AWC $26,354.45
AWC +14 and warranty addressed
NALCO +12 and warranty addressed
HARN +10 No warranty addressed
GE +10, one of three warranty items addressed
Harcros +9 no warranty addressed
King Lee +4 no warranty addressed
Bid Response Evaluation
By Price Low to High
By Specs Met
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1402
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Approve a Contract (Blanket Purchase Order) to Fleet Products of Tampa, FL in the amount
of $220,000 for purchasing replacement automotive and truck parts used by all city
departments during the contract period June 18, 2015 through May 31, 2016, in accordance
with Sec. 2.564(1)(d), Code of Ordinances, Hillsborough County Public Schools ITB
13136-DST and authorize the appropriate officials to execute same. (consent)
SUMMARY:
This blanket purchase order will be used to purchase automotive parts for all city vehicles. The
bid was issued for replacement parts for trucks, buses, and vehicles (new and rebuilt) and is a
part of the Hillsborough County Public Schools ITB 13136-DST.
APPROPRIATION CODE AND AMOUNT:
566-06611-550600-519-000 $220,000
Budgeted in operating expenses in Fiscal Year 14 and Fiscal Year 15
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 6/11/2015
BUSINESS DIVISION
INVITATION TO BID (ITB)
December 6, 2013
ITB Number and Title: 13136-DST: Parts for Trucks, Buses, and Vehicles (New & Rebuilt)
ITB Due Date/Time: 1/7/2014 3:00 PM
Pre-Bid/Clarification Meeting: If box is checked, a Non-Mandatory Pre-Proposal Conference will be held on
December 13, 2013 at 9:30AM in the Secondary Education Conference Room #418, 4th Floor of the School
Administration Center (ROSSAC), 901 E. Kennedy Blvd., Tampa, FL 33601 to discuss objectives and answer questions
relating to this ITB.
While attendance at the Pre-Proposal Conference is not mandatory, information presented may be very informative;
therefore, all potential Vendors are encouraged to attend this conference.
Be advised, the issuance of a written addendum is the only official method whereby interpretation, clarification or additional
information can be given. All Addenda will be posted and disseminated through the bid solicitation website Vendorbid.net. To become
a registered vendor and receive automatic notifications of any current bid solicitation for Hillsborough County Public Schools, you must
register online with the automated “Vendorbid” system. Sign on and register@
https://www.vendorbid.net/hillsborough/index.asp?cookies=True). There is no fee for this service.
Be advised prior to submitting a Bid, it shall be the sole responsibility of each Vendor to review this solicitation on VendorBid.net to
determine if any addenda were issued and, if so, to download such addenda from VendorBid.net for attachment to the Bid.
Inquiries To: Kimberlyn Murray, CPPB, Procurement Officer
Email: kimberlyn.murray@sdhc.k12.fl.us Cut Label Here
ITB # and Title: 13136-DST: Parts for Trucks, Buses, and Vehicles (New & Rebuilt)
Bid Delivery Location: Kimberlyn Murray, Procurement Officer
Hillsborough County Public Schools Procurement
901 E. Kennedy Boulevard, Third Floor
Tampa, Florida 33602
ITB Due Date/Time: 1/7/2014 3:00 PM Time Sensitive Materials
School Board
Carol W. Kurdell, Chair
Susan L. Valdes, Vice Chair
Doretha W. Edgecomb
April Griffin
Candy Olson
Cindy Stuart
Stacy R. White, Pharm.D.
Superintendent of Schools
MaryEllen Elia
Deputy Superintendent
Jeff Eakins
Daniel J. Valdez
Chief Business Officer
Gretchen Saunders
General Manager of Procurement
Jean R. Bowman
ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department
Phone: (813) 272-4327 Fax: (813) 272-4390
2
TABLE OF CONTENTS
1 GENERAL TERMS AND CONDITIONS ..................................................................................................................................... 5
2 SPECIAL TERMS .......................................................................................................................................................................... 10
3 SPECIAL PROVISIONS ............................................................................................................................................................... 12
4 GENERAL REQUIREMENTS ..................................................................................................................................................... 19
5 NO BID STATEMENT .................................................................................................................................................................. 21
6 CONTACT INFORMATION AND CERTIFICATION ............................................................................................................. 22
7 DEBARMENT CERTIFICATE .................................................................................................................................................... 23
8 ADDENDUM FORM ..................................................................................................................................................................... 24
9 PUBLIC ENTITY CRIMES .......................................................................................................................................................... 24
10 DISPUTE RESOLUTION CLAUSE ............................................................................................................................................ 24
11 DRUG-FREE WORKPLACE CERTIFICATION ...................................................................................................................... 25
12 BIDDER’S STATEMENT OF PRINCIPAL PLACE OF BUSINESS....................................................................................... 26
13 REQUIRED SUBMITTALS CHECKLIST ................................................................................................................................. 27
14 BID RESPONSE FORM ................................................................................................................................................................ 28
15 REFERENCES: ............................................................................................................................................................................. 30
ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department
Phone: (813) 272-4327 Fax: (813) 272-4390
3
Subject to the conditions, provisions and the enclosed specifications, sealed bids will be accepted at this office
until the stated date and time. No consideration of award will be made at the bid opening.
In order to conduct new business under this bid, HCPS requires that all vendors have a current Vendorbid.net
application on file. If you are not registered as a vendor, you may access the website through this link:
(https://www.vendorbid.net/hillsborough/index.asp?cookies=True) and complete the on-line Vendor
Application. Failure to comply with this condition may cause the vendor not to be awarded any new business.
Bids received after the stated date and time, whether presented in person, received by the U.S. Mail, or by any
other delivery method, will not be accepted. Questions regarding the specifics of this bid should be submitted
through the Vendorbid.net website.
Hillsborough County Public Schools reserves the right to retain all bids for a period of forty-five (45) days and
to reject any and all bids and to waive any informalities and/or irregularities thereof.
Purchases by State Contract and Other Public Agencies:
A. Pricing shall remain firm throughout the bid period. If your company has a current contract with the
State of Florida, Department of Management Services, to supply items offered in this bid, the vendor
shall quote not more than that contract price. Failure to comply with this request will result in
disqualification.
B. During the term of the contract, the services provided there under shall be available pursuant to chapter
69-1119, laws of Florida, to all Hillsborough County Public Entities under the same contract terms,
conditions, and compensation schedule set forth herein.
C. With the consent and agreement of the awarded vendor(s), purchases may be made under this bid by
other governmental agencies within the state of Florida. The same terms and conditions as stated
herein shall govern such purchases.
The term of the contract is as stated in Section 3, pending Hillsborough County School Board approval. Any
inquiries concerning interpretation, clarification or additional information pertaining to this Invitation to Bid
must be made in writing and received by the Procurement Department no later than the date stated in Section 3
of this document.
Sealed bids will be received by Hillsborough County Public Schools (hereby known as the “District” or “HCPS”)
in the office of the General Manager of Procurement, 3rd floor, Raymond O. Shelton School Administration
Center (ROSSAC), at the below-referenced address and time.
Notice To All Vendors: The ROSSAC building is considered “controlled access” and all visitors will be required
to present a picture ID in order to obtain a visitor’s pass to be admitted into the building.
Please note that receipt of bids means DELIVERED AND DATE STAMPED RECEIVED IN THE PROCUREMENT
OFFICE. Bids delivered to the building but not delivered to the Procurement Office and date stamped as
received will not be considered as received for the purpose of this bid process. Bids must be delivered in a
SEALED envelope, clearly marked on the outside, as to: bid name, bid number and opening date, below.
ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department
Phone: (813) 272-4327 Fax: (813) 272-4390
4
All items are to be bid FOB Destination, with all transportation charges prepaid and included in the bid prices,
and title transferring to HCPS at the time of delivery. Any exceptions to these freight terms taken by the
vendor must be clearly stated in the vendor’s bid response form. The Procurement Department will evaluate
any such exceptions and determine if the exception constitutes grounds for rejection of the vendor’s
response.
Vendors are cautioned to provide all descriptions and prices in a legible manner so that there will be no doubt
as to the intent and scope of the bid. No oral, telegraphic (fax/scanner) or telephone responses or
modifications will be accepted.
STATUTES PERTAINING TO THIS SOLICITATION
Protests: Any protest concerning bid specifications, a decision or intended decision pursuant to this solicitation shall be
made in accordance with §120.57(3) Florida Statute and School Board Policy chapter 6320 (Bid Protest). Questions to
the Procurement Department, Board member, or any HCPS employee shall not constitute formal notice of a protest.
Board recommendations and tabulations for this bid will be posted and disseminated by VendorBid.net
(https://www.vendorbid.net/hillsborough/index.asp?cookies=True). It shall be the sole responsibility of each bidder to
review this solicitation on VendorBid.net. Failure to file a protest within the time prescribed in §120.57(3) b, Florida
Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.
Public Entity Crimes: Per the provisions of Florida Statute 287.133 (2) (a), “a person or affiliate who has been placed on
the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a vendor, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Florida Statute 287.017 for category two for
a period of 36 months from the date of being placed on the convicted vendor list.”
The prospective vendor certifies, by submission and signature of this bid, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction per the provisions of Florida Statute 287.133 (2) (a).
Federal Debarment Certification: The prospective vendor certifies, by submission and signature of this bid, that the vendor
complies fully with the Federal Debarment Certification regarding debarment suspension, ineligibility and voluntary
exclusion. As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR, part 85, as
defined at the 34 CFR part 85, sections 85.105 and 85.110-(ed80-0013).
A copy of Form AD-1048 (1/92) is included as a part of these bid documents. Section 3017.510 of 7 CFR Part 3017 the
submission of the completed Form: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
– Lower Tier Covered Transactions, for all programs. No vendor shall be allowed to participate in any procurement
activity if any federal department or agency has debarred, suspended, or otherwise excluded that vendor from
participation in a procurement activity. This form should be completed, signed and submitted with the bid in order for
the submitted bid to be considered. Every time a bid is submitted, a new form is required. Any bid that does not include
this required Form will not be evaluated and will not be considered for award. A signature is required on Both the Form
AND the Vendor Acknowledgement page. A signature on one document cannot be substituted for the signature required
on the other documents.
Fair Labor Standards Act – “Hot Goods”: The vendor’s signature on the bid certifies that these goods are or will be
produced in compliance with all applicable requirements of sections 6, 7 and 12 of the Fair Labor Standards Act, as
amended, and of regulations and orders of the United States Department of Labor issued under section 14 thereof.
ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department
Phone: (813) 272-4327 Fax: (813) 272-4390
5
1 GENERAL TERMS AND CONDITIONS
Bids must be submitted on the forms provided and in accordance with the provisions on the face of the
bid form and the following stipulations, which are hereby made a part thereof:
1.1 HCPS will receive sealed bids until date and time indicated
on bid cover. Bids must be delivered to the procurement
office at the stated address and will be opened at the stated
time. Bids must be delivered in a sealed envelope, clearly
marked on the outside, as to: bid name, bid number and
opening date. Bids received in unidentifiable envelopes are
sent at the vendor’s risk. To assure that bids are received
prior to opening, vendors may wish to use special delivery
mail or deliver by hand. Bids received after the date and
time of the bid opening will be date stamped, received and
returned to the vendor. It will be the vendors' responsibility
to get the bid to the correct location and on time. Please
note that the official clock, for the purpose of receiving bids,
is located in the procurement office.
1.2 All participating vendors, by their signature, shall agree to
comply with all of the conditions, requirements and
instructions of this bid as stated or implied herein. This is
an agreement that the named vendor shall sell to HCPS
during the contract period, the goods, wares, merchandise,
or services at the unit prices indicated, based upon
subsequent documents issued by the Procurement
Department.
1.3 Each vendor shall examine all requests for bid documents
and shall judge all matters relating to the adequacy and
accuracy of such documents. Any inquiries, suggestions,
disputes, or requests concerning interpretation, clarification
or additional information pertaining to the Invitation for Bid
or award must be made in writing and received by the
Procurement Department no later than the date stated in
Section 3 of this document. HCPS shall not be responsible
for oral interpretations given by a HCPS employee,
representative, or others. The issuance of a written
addendum is the only official method whereby
interpretation, clarification or additional information can be
given. All Addenda will be posted and disseminated through
the bid solicitation website vendorbid.net
(https://www.vendorbid.net/hillsborough/index.asp?cookie
s=True). However, prior to submitting a Bid, it shall be the
sole responsibility of each Vendor to review this solicitation
on VendorBid.net to determine if addenda were issued and,
if so, to download such addenda from VendorBid.net for
attachment to the Bid.
1.4 HCPS reserves the right to also make purchases of items on
this bid from a Florida State Bid contract/agreement or a
cooperative educational purchasing council bid during the
term of this bid.
1.5 HCPS shall be the sole judge as to the acceptability of any
and all bids and the terms and conditions thereof, without
qualifications or explanation to vendors. In case of any
doubt or difference of opinion as to the items to be
furnished hereunder, the decision of HCPS shall be final and
binding on both parties.
1.6 HCPS reserves the right, prior to award of any contract or
bid, to inspect the prospective vendor's facility and place of
business to determine that the vendor has a regular, bona
fide established business that is presently a going concern
and is likely to continue as such.
1.7 After notification of award, the awarded vendor(s) shall
indemnify and hold harmless HCPS as specified in Florida
Statute Section 725.06. This indemnifies HCPS, its agents
and employees, from and against all claims, suits, actions,
damages or causes of action arising during the term of the
resulting agreement for any bodily injury, personal injury,
loss of life or damage to property sustained by reasons or as
a result of the performance of the services or delivery of
goods for which the resulting agreement was entered into.
These persons are also indemnified from and against any
orders, judgments, or decrees which may be entered
thereto, and from and against all costs, attorney’s fees,
expenses and liabilities incurred in or by reasons of the
defense of any such claim, suit or action, and the
investigation thereof. Nothing in the award, resulting
agreement, and contract or purchase order shall be
deemed to affect the rights, privileges and immunities of
HCPS as set forth in Florida statute.
1.8 Federal, State, County, and local laws, ordinances, rules,
and regulations that in any manner affect the items covered
herein apply. Lack of knowledge by the vendor will in no
way be a cause for relief from responsibility. The vendor
shall have in their possession all applicable insurance,
permits, licenses, etc. that may be required by Federal,
State, or County law to furnish services under the scope of
this contract. The awarded vendor(s) must not be in
violation of any zoning or other ordinances in the
performance during the life of this contract.
1.9 All information submitted in response to this request shall
be subject to compliance with Florida Statute Chapter
119.07 Public Records and 812.081 Trade Secrets. All
information submitted as "trade secret" information should
be submitted in a separate envelope and so indicated. If
challenged, the Vendor who submits the "trade secret"
information will bear all costs associated with defending
their position.
1.10 During the term of this bid the vendor shall indemnify, hold
harmless, and defend Hillsborough County Public Schools,
its agents and employees from any and all costs and
expenses, including but not limited to, attorney’s fees,
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reasonable investigative and discovery costs, court costs
and all other sums which HCPS, its agents or employees
may pay or become obligated to pay on account of any
actions founded, thereon, arising or alleged to have arisen
out of the products, goods or services furnished by the
vendor, his agents or employees, or any of his equipment
when such persons or equipment are on premises owned or
controlled by HCPS for the purpose of performing services.
1.11 Venue for any and all legal action regarding or arising out of
the transaction covered herein shall be solely in the District
Court in and for Hillsborough County, State of Florida. The
laws of the State of Florida shall govern this transaction.
The vendor or vendor agrees that any and all notices,
pleadings and processes may be made by serving two
copies of the same upon the Secretary of State, State
Capitol, Tallahassee, Florida, and by mailing by return mail,
an additional copy of the same to the vendor or vendor at
the address shown herein; that said service shall be
considered as valid personal service, and judgment may be
taken if, within the time prescribed by Florida law or rules
of civil procedure, appearance, pleading, an answer is not
made.
1.12 Purchases made under this bid are exempt from all Federal
excise and State sales tax.
1.13 No Bids shall be accepted from, or purchase order issued to
any person, firm or corporation that is in arrears for any
obligations to HCPS or that otherwise may be deemed
irresponsible or unreliable by the General Manager,
Procurement.
1.14 This bid and the purchase orders issued hereunder
constitute the entire agreement between HCPS and the
vendor awarded the bid. No modification of this bid shall
be binding on HCPS or the vendor.
1.15 Tabulation of this bid will be based only on items that meet
or exceed the specifications provided. All other lesser items
will not be considered. Failure to submit, at time of bid
opening, complete information as specified can and may be
used as justification for rejection of a bid item.
1.16 Should there be a tie on either the unit price (if awarded on
a per item basis), sections of the bid (i.e.: building contracts,
or bids awarded by section) or the whole bid (all or none
bids or service bids), the deadlock will be decided upon
using the following order:
1.16.1 Companies who certify they are a drug-free
workplace.
1.16.2 Companies which are registered with HCPS as a
small business enterprise.
1.16.3 Companies that are certified as a
small/minority/women-owned business by a
governmental entity in Hillsborough County.
1.16.4 Companies that are certified as a
small/minority/women-owned business by a
governmental entity in the Tampa Bay area.
1.16.5 Companies that are certified as a
small/minority/women-owned business by the
State of Florida.
1.16.6 Companies located in Hillsborough County,
Florida.
1.16.7 Companies receiving the larger dollar award on
other items within the bid.
1.16.8 Companies located in Florida.
1.16.9 All else being equal, a coin toss will be made to
decide the award.
1.16.10 The above guidelines do not preclude the
possibility of splitting an order if the two winning
vendors agree to multiple awards.
1.17 The vendors will not be allowed to offer more than one
product/price/service on each item even though the vendor
feels that they have two or more types or styles that will
meet specifications. Vendor must determine which to
offer. For the sake of meeting delivery schedules, a vendor
may deliver any pre-approved brand at the same price, with
prior approval from the Procurement Department. No
other substitutions will be considered. If said vendor should
submit more than one product/price on any item, only the
products meeting specifications will be tabulated. It is the
vendors right to address alternatives in a separate
document but not as part of this bid. However, if more
than one product is listed as a pre-approved product, the
vendor may specify that the bid price applies to more than
one of the listed products.
1.18 The information called for on each item must be on the line
with the item. To eliminate any confusion about the
items(s) being bid, if you choose not to bid an item(s) please
insert the words: no quotation, no bid or n/b. Blanks shall
be considered as no bid.
1.19 Erasures are not acceptable on bids. If changes are
necessary, strike out or draw a line through an incorrect
price and write the correct price above. Vendor must initial
all changes.
1.20 The submittal of a bid shall constitute an offer to contract
with HCPS in accordance with the terms of said bid. The
offer may not be withdrawn until 120 days after opening
unless rejected, or not accepted by HCPS. Accuracy of all
prices and statements contained in the bids is the
responsibility of the vendor, and no change or cancellation
thereof may be made. The General Manager, Procurement
or designee reserves the right to ask the vendor for
clarification. In addition, procurement staff will review the
line-by-line prices. Accuracy of additions and extensions,
brands, and compliance with all instructions will be
reviewed in order to ascertain that the offer is made in
accordance with the terms of the request for bid proposal.
School officials who find any error(s) in calculations will
make adjustments and corrections.
1.21 A vendor shall normally be held to their bid; however, in the
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event an error or an obvious omission are discovered in a
bid document, the vendor may request in writing the
opportunity of withdrawing their bid. The vendor shall
include in their written request sufficient evidence (original
copies of working papers, calculations, etc.) to document
that the error or omission was unintentional.
1.22 No additional terms and conditions included with the bid
response shall be evaluated or considered. Any and all such
additional terms and conditions shall have no force and
effect and are inapplicable to this bid. Whether submitted
through intent or design or inadvertently appearing
separately in transmitted letters, specifications, literature,
price estimates or warranties, it is understood and agreed
the general and special conditions in this bid solicitation are
the only conditions applicable to this bid and the vendors
authorized signature affixed to the vendor
acknowledgement form attests to this.
1.23 Should any vendor fail to enter into a contract with HCPS on
the basis of the submitted bid by said vendor, vendor
acknowledges that vendor shall be liable to HCPS for the
difference between such bid price and the price HCPS pays
to secure the merchandise from another source. Failure to
pay said amount to HCPS upon demand will result in the
company being removed from the bid list for a period of not
less than two (2) years from date of infraction. Thereafter,
the vendor may request to be reinstated to the bid list.
1.24 In the event that any gratuities or "kickbacks" are offered or
tendered to any HCPS employee or a subcontractor’s as an
inducement for award of a bid, request for proposal (ITB),
subcontract or order, the vendor's proposal shall be
disqualified and shall not be reinstated.
1.25 Prices stated must be in units as specified. In case of a
discrepancy between the unit price and the extension, the
unit price will be considered correct. Any requirement by
the vendor that all or none groups, quantities, weights, or
other criteria must be met, in order to qualify for bid prices,
will result in disqualification of the bid. Similarly, expiration
dates or other constraints, which are in conflict with bid
requirements, may result in disqualification.
1.26 HCPS reserves the right to reject any and all bids or parts
thereof, and to request re-submission. In acceptance of
bids, HCPS shall accept the lowest and best bid from a
responsive and responsible vendor. HCPS reserves the right
to waive any defect, irregularity or informality.
1.27 HCPS reserves the right to terminate all or part of any
contract when doing so is in the best interest of HCPS. With
the exception of any contract which HCPS deems to have an
impact on security, a minimum of thirty (30) days notice for
termination will be given in writing by the General
Manager, Procurement. Any and all monies which have
been paid in advance by HCPS will be prorated to the date
of termination and refunded to HCPS. Nothing herein shall
be construed as giving the vendor(s) the right to perform
the services contemplated under this agreement beyond
the time when such services become unsatisfactory to
HCPS. If a vendor is discharged, HCPS will only pay for that
portion of the work that was satisfactorily completed at the
time of termination.
1.28 HCPS may, by written notice of default to award vendor,
terminate the whole or any part of this contract if award
vendor fails to make delivery of the contracted products or
services, or fails to perform the contracted services within
the time specified in the bid or subsequent addenda. The
vendor be given written notice and have ten (10) days to
remediate such failure after receipt of notice.
1.29 If the vendor defaults after HCPS awards a bid and a bond
or certified check was not required with the bid, the vendor
shall pay to HCPS as liquidated damages an amount equal
to 5% of the unit price times the ordered quantity, or 5% of
the total value of the item or bid, whichever is greatest. An
awarded vendor who fails to pay said liquidated damages
within 15 days after notification that liquidated damages
are due shall lose eligibility to transact business with HCPS
for a period of two (2) years after the bid award date.
Thereafter, the vendor may request to be placed on the bid
list. An awarded vendor shall be assessed the liquidated
damages described above if the vendor products are
chemically analyzed (or tested in some other manner) and
fail to meet HCPS specifications in the bid.
1.30 It is understood and agreed between the parties hereto
that the District shall be bound and obligated hereunder
only to the extent that the funds shall have been
appropriated and budgeted for the purpose of this ITB. In
the event funds are not appropriated and budgeted in any
fiscal year for payments due under this ITB, the District
shall notify the awarded vendor(s) of such occurrence and
this ITB shall terminate on the last day of the fiscal year
for which appropriation(s) received, sans penalty or
expense to the District of any kind whatsoever.
1.31 When an item appearing in this bid document is listed by a
registered trade name and the wording "no substitute, bid
only or only" is indicated, only that trade-named item will
be considered. Specifications in this document may
reference specific manufacturers’ products and list their
model or part numbers, followed by the words “or equal”,
or “approved brands”. Unless the words “only” or “No
Substitutes” is used in place of “or equal”, these
references are intended to establish a quality and
performance standard only. Anything listed, herein, of a
proprietary nature is done so without express knowledge
or intent to exclude other manufacturers’ products from
consideration.
1.31.1 Any item bid as an alternate which lacks
sufficient descriptive literature or technical
information to enable a complete comparative
analysis, may prevent its consideration.
1.31.2 If the bidder does not clearly state in their bid
proposal that an item proposed is an alternate to
that specified, the bidder must furnish the
specified item upon receipt of a purchase order
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or else be declared in breach of contract.
1.32 Unless otherwise specified in the special terms and
conditions, all items requested must be new and the latest
model manufactured. Bids on “used, remanufactured or
reconditioned” equipment or “blems or seconds” will not
be considered unless specifically requested.
1.33 Samples of items, when required, must be furnished free of
expense and if not destroyed, will, upon request, be
returned at the vendor's expense. Vendors will be
responsible for the removal of all samples furnished within
30 days after bid opening. All samples will be disposed of
after 30 days.
1.33.1 Each individual sample must be labeled with
vendor's name, bid number, and item number.
Failure of vendor to either deliver required
samples or to clearly identify samples as indicated
may be reason for rejection of the bid.
1.34 Unless otherwise indicated, samples should be delivered to
the office of the Procurement Department of Hillsborough
County Public Schools, 901 E. Kennedy Boulevard, Tampa,
Florida 33602.
1.35 Variance in condition - any and all special conditions and
specifications attached hereto which vary from general
conditions shall have precedence.
1.36 HCPS encourages participation of small and minority-owned
business enterprises in the provision of goods, services and
construction. If third-party agreements are necessary for
the awarded firm to complete this contract, HCPS
recommends using a small or minority-owned business.
1.37 Delivery is called for only between the hours of 8:00 a.m.
and 3:00 p.m. Monday through Friday, excluding
Hillsborough County Public Schools holidays, unless
otherwise specified.
1.38 Inspection and acceptance will be FOB Destination unless
otherwise provided. Title to/or risk of loss or damage to all
items shall be the responsibility of the awarded vendor(s)
until acceptance by the buyer. If the materials or services
supplied to HCPS are found to be defective or not conform
to specifications, HCPS reserves the right to cancel the order
upon written notice to the seller. Product return shall be at
the seller expense.
1.39 Purchaser is guaranteed delivery, by the vendor, of all items
contained herein by "delivery date" indicated by
subsequent Purchase Orders. Failure to perform delivery
within this time shall be deemed to be goods or services
delinquent and may result in liquidated damages of one
percent (1%) of the price of such delinquent goods for each
ten (10) calendar days of delinquency. Assessment of such
liquidated damages may be applied to any sums owing said
vendor. Assessment of said liquidated damages shall be at
the sole discretion of Hillsborough County Public Schools
and administrated by the General Manager, Procurement.
These liquidated damages shall be in addition to other
conditions cited herein.
1.40 It is the intent of HCPS that all vendors supplying services
and/or products shall at no time cause unsafe conditions or
acts that could have any impact on the safety and health of
students, employees, or visitors to district operations. The
awarded vendor(s) may be required to supply a written
copy of their safety program/manual for review after
contract award. Periodic review of vendor’s safety manual
and operations may be conducted. All vendors and their
employees including sub-contractor’s, performing work
under the terms of this contract will follow the best safe
working practices at all times, as well as comply with all
Federal, State, local and District Safety policies and
procedures. This includes operation of vehicles and
equipment on District owned property. Any accidents,
injuries or incidents occurring on District property shall be
immediately reported to the District Safety Office.
1.41 All materials and services supplied to HCPS must conform to
all current regulations as specified in “Occupational Safety
and Health Act of 1970,” Public Law 91-596 91” congress.
2193, as amended, which includes Chapter XVII
Occupational Safety Health Act, Department of Labor, Part
1910 – Occupational Safety and Health Standards, UL safety
regulations and other standards for educational use as
required by the US government, State of Florida,
Hillsborough County and/or local municipality. This
includes various safety accessories, and it is the vendor’s
responsibility to meet the necessary requirements.
1.42 The District Safety Office will monitor and enforce
compliance to Occupational Safety and Environmental
Health regulations by all vendors who provide services
and/or products to HCPS.
1.43 Any item delivered or used when providing services under
this contract must have a published material safety data
sheet (MSDS). Each MSDS must be in English (Spanish may
be required by HCPS) and include information regarding the
specific chemical identity of the hazardous chemical(s)
involved and their common names. Information must be
provided on the physical and chemical characteristics of the
hazardous chemical: known acute and chronic health
effects and related health information; exposure limits;
whether the chemical is considered to be a carcinogen by
NTP, IARC or OSHA; emergency first aid procedures; and the
identification of the organization responsible for preparing
the MSDS.
1.44 All vendors performing work for HCPS are responsible to
provide written notification and material safety data sheets
to the District Safety Office for any hazardous material that
may be used. HCPS defines hazardous material as “any
material or substance for which there is sufficient data to
indicate a reasonable risk to physical and/or environmental
health.” These substances are classified as poisonous, toxic,
corrosive, and flammable, explosive, radioactive or
otherwise have any warning on the product label.
1.45 The District Safety Office must approve all hazardous
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materials used by outside vendors prior to use.
1.46 All requests for approval of product shall be directed to the
District Safety Office at 4224 West Crest Avenue, Tampa, FL
33614. Telephone (813) 872-5263 facsimile (813) 356-1471.
1.47 Current, legible copies of material safety data sheets
(MSDS) will be used to evaluate all products. This
information must be provided at least 5 working days prior
to use and must include the vendor’s safety plan
(precautions needed by the vendor’s employees).
1.48 After review by the District Safety Office, the original
provider of the MSDS will be provided a copy of the MSDS
stamped approved with or without additional restrictions or
disapproved.
1.49 The vendor(s) using the product must follow any identified
restrictions and must also maintain a copy of the approved
MSDS at the job location.
1.50 Any product used in HCPS shall be used in accordance with
the manufacturer’s instructions and applicable District
policies.
1.51 Certain products will not be authorized for use in HCPS in
order to prevent any incidence of exposure to students or
employees. Further, stringent restrictions may be applied to
the use of certain products to reduce or eliminate the
incidence of exposure.
1.52 A product approved for use by District employees does not
constitute an automatic approval for use by outside
vendors. All products used by outside vendors must be
specifically approved for each job within the District.
1.53 District employees will not use products approved for use
by outside vendors unless a specific approved MSDS has
been provided to the supervisor and/or is maintained in the
worksite MSDS book.
1.54 Use of hazardous materials at sites where no students or
District employees are assigned does not have to be
approved provided the materials are not within 250 feet of
sites with students or employees. All Federal, State & local
regulations shall apply.
1.55 Vendor(s) are responsible to remove all products used on
projects immediately upon completion. Products left for
District use will be listed on a manifest indicating type of
container, amount and the location of the product. HCPS
employee who originated the service or contract shall sign
the manifest and send to the District Safety Office.
1.56 All vendors and their employees including sub-contractors
performing work under the terms of this contract, will
follow the best environmental working practices at all
times. The awarded vendor shall not cause any unsafe
conditions or acts that could have an impact on the safety
and health of students, employees, or visitors to District
operations as well as comply with all Federal, State, local
and District environmental policies and procedures. The
awarded vendor(s) may be required to supply a written
copy of their environmental program/manual for review
after contract award. Periodic review of vendor’s
environmental manual and operations may be conducted.
Vendors will be responsible for removal and clean up of all
contamination (or potential contamination) when it occurs
or is identified by the District Safety Office. All incidents
shall be immediately report to the District Safety Office.
1.57 Asbestos-containing materials (ACM) and lead based paint
(LBP) - ACM and LBP are present in many District buildings.
The presence of ACM and LBP does not necessarily mean
that a hazard exists; however, a hazard may be created
when ACM and LBP are disturbed. It is the responsibility of
the vendor or vendors to contact the District Safety Office
prior to commencing any work that may disturb any ACM or
LBP at District facilities.
1.58 Any publications, discoveries, or inventions arising from
collaborative efforts on the part of participating vendor and
HCPS employees will be the joint property of the vendor
and HCPS. Any publications, discoveries, or inventions
arising from the single efforts of participating vendor or
HCPS employees will be the property of the authorizing
agency, with acknowledgement to, and collaboration with
HCPS in regard to the intended use of such products.
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2 SPECIAL TERMS
2.1 Additional Charges: All additional charges such as installation, shipping, insurance, or other costs must
be fully itemized and included with the bid. Charges not specified at the time of the bid/quote will not be
honored.
2.2 Addition/Deletion of Items For Catalog Bids: Any items added/deleted by the award manufacturer
during the contract period shall automatically be added/deleted to this contract provided they are listed
in the current published manufacturer’s list price catalog.
2.3 Assignment: Awarded vendor(s), whether under separate contract or not, shall not assign any part or
whole of this bid or agreement to another party, subcontractor(s), or company nor shall they assign any
money due or to become due to him here under, without the previous written consent of HCPS.
2.4 Award to Next Rated Vendor: In the event of default, error in award or non-availability of product, HCPS
reserves the right to utilize the next rated low vendor and their stated bid prices as needed.
2.5 Catalogs & Brochures: Complete technical information and sales brochures may be required at time of
bid opening or upon award. Final consideration of any offered equal may require sample of the item to
be made available for visual inspection along with a list of local references.
2.6 Currency: Bid must be made in US dollars. Payment will be in US dollars.
2.7 Defective Material: The awarded vendor(s) shall agree to accept, for full credit and return shipping
charges, the return of any item received which is found to be deficient in quality or defective in packaging
so as to render the item unusable for its intended purpose. Merchandise so designated shall be replaced
at the full expense of the vendor within five (5) calendar days.
2.8 Emergency Purchases: HCPS reserves the right to make emergency purchases from the next low vendor
and so on should the vendor be unable to deliver the required item in the required timeframe.
2.9 Inside Delivery: Vendor is required to provide inside delivery for all units ordered from this bid. Inside
delivery shall be defined as unloaded from carrier's vehicle and set inside designated facility but not to
exceed 300 feet from entrance point or on a different floor level than entrance point.
2.10 Insurance: The awarded vendor(s) shall have, prior to performance, a certificate of insurance showing:
Liability -- $1,000,000 minimum and Property -- $1,000,000 minimum. Or in lieu of the previous:
Combined Single Limit (CSL) -- $5,000,000.
For all awarded contracts, Hillsborough County Public Schools must be listed as additional insured on the
certificate. Certificates with the valid endorsement shall be provided to the General Manager of
Procurement, or designee, within two (2) weeks of the contract award.
2.11 Workers’ Compensation: As required by Florida Statute 440, vendor shall take out and maintain during
the life of this Contract, Workers' Compensation Insurance. Coverage shall be for all of his/her employees
connected with the work of this Project and, in case any work is sublet, the vendor shall require the
subcontractor(s) similarly to provide Workers' Compensation Insurance for all the latter's employees
unless such employees are covered by the protection of the vendor. Vendor also agrees to supply
evidence of such coverage with the submission of this bid. Vendor agrees to indemnify and to hold
harmless schools from and against any and all liability which may arise out of the performance of this
agreement unless such liability shall be a direct or proximate result of the negligence of HCPS, its agents
or employees.
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2.12 Automobile Liability Insurance: The awarded vendor shall maintain automobile liability insurance
against bodily injury and property damage in at least the amounts of one hundred thousand ($100,000)
dollars per claimant, one million ($1,000,000) dollars per occurrence, or five million ($5,000,000)
dollars combined single limit (CSL). For all awarded contracts, Hillsborough County Public Schools must
be listed as additional insured on the certificate.
2.13 Laboratory Testing: In the event materials shipped to HCPS as outlined herein indicate sub-standard
specifications in the qualitative or quantitative manner, HCPS reserves the right to have a laboratory test
made. If material is found to be deficient, the vendor shall be required to pay all costs of testing. If
found to meet specifications, HCPS shall pay all costs.
2.14 Price Decreases: If prices decrease during the term of this contract, the awarded vendor(s) must notify
HCPS of the lower prices so that all subsequent orders will reflect accurate pricing.
2.15 Return Agreement: Each awarded vendor shall agree to accept, for full credit and return shipping
charges, the return of any item received from him which is found to be defective in quality or defective in
packaging so as to render the item unusable for its intended purpose.
2.16 Shipping and Marking: The award vendor(s) will be required to mark all shipments with HCPS purchase
order number clearly visible on the exterior of each container. A packing list must be furnished with each
shipment, listing the purchase order number, vendor’s part number and description, quantity ordered,
quantity shipped, and quantity back ordered.
2.17 Silence of Specifications: The apparent silence of any specifications and any supplemental specifications
as to any details or the omission from it of a detailed description concerning any point shall be regarded
as meaning that only the best commercial practices are to prevail and that only materials of first quality
and correct type, size and design are to be used. All workmanship is to be first quality. All interpretations
of the specification shall be made upon the basis of this statement.
2.18 Variation From Materials Specified: Whenever and wherever items, materials, or equipment have been
identified by describing a proprietary product, such identification is intended to be descriptive, and is
used to indicate the quality and characteristics of products that will be satisfactory. Bids offering equal or
alternate materials and equipment will be considered for award if such items are clearly identified in the
bids, and are determined by HCPS to be of equal value in all material respects to the proprietary item
specified.
2.19 Warranty: The vendor warrants that the goods or services supplied hereunder will be of good
workmanship and of proper materials, free from defects and in accordance with specifications. If the
vendor knows of the purchaser's intended use, the vendor warrants that the goods or services are
suitable for that intended use.
2.20 Additional Discounts: Additional discounts may be offered during the term of the contract based on
purchase order quantity or amount, consolidated contract purchase quantities or amounts, or to benefit
a specific educational program.
2.21 Purchasing Card (P-Card): The District has implemented a Purchasing Card Program to streamline the
procurement process.
By making purchases with the Visa Purchasing Card, HCPS can more effectively control procurement
activities while hastening the Vendors ability to receive payment. Payments made to the Vendors may
be by a Visa Purchasing Card but may be changed at any time during the contract period.
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3 SPECIAL PROVISIONS
3.1 Scope of Work: Hillsborough County Public Schools (HCPS) is seeking bids from qualified firms to provide
parts for trucks, buses, and vehicles (new and rebuilt). The work to be done under this contract includes, but
is not limited to; providing all labor, materials, supervision, equipment, incidentals, and related items
necessary to complete the work in accordance with the specifications contained herein. The HCPS now owns
and maintains approximately 1,930 vehicles and pieces of equipment and inventories.
3.1.1 Any deviations from these specifications shall be clearly noted. Detailed descriptions and/or
illustrations must be provided with your bid for consideration.
3.1.2 HCPS reserves the right to change the number of schools during the contract period. Any location
shall be serviced at the same rate/cost bid herein.
3.1.3 Estimated annual expenditures are $1,300,000.
3.2 Clarification: The last day to submit questions concerning this ITB shall be December 17, 2013 at 2:00pm.
Questions received after this time will not be addressed. **Please note-District offices will be closed for the
Christmas/New Year Break from Monday, December 23, 2013 through Friday, January 3, 2014.**
3.2.1 Questions should be posted through the Vendorbid website. Answers will be posted there in
response to all questions.
3.3 Addenda: See General Terms and Conditions, Section 1.3 for instructions on how to receive addenda.
3.4 Contract Term/Option to Renew: The initial term of the contract shall be for a one (1) year period following
The School Board of Hillsborough County, Florida approval.
3.4.1 The initial term of the contract shall be as specified in a separate award letter.
3.4.2 This contract may be renewed for four (4) additional one (1) year periods provided all terms and
conditions remain unchanged and in full force and effect.
3.4.3 The option to renew, if exercised, will be executed in the form of a renewal letter to be issued not
sooner than ninety (90) days prior to expiration of this contract.
3.4.4 The option to renew requires the mutual agreement of both parties.
3.4.5 Refusal by either party to exercise this option to renew will require this contract to expire on the
original or mutually agreed date.
3.4.6 All prices offered herein shall be firm against any increase for at least one (1) year from effective
date of this proposed contract. After this date, it shall be the vendor's responsibility to notify the
Procurement Officer in advance of any anticipated changes in prices and submit a request for a
price increase by furnishing bona-fide manufacturer's documents or price list reflecting the changes.
3.4.7 HCPS reserves the right to accept or reject within thirty (30) days after the request for a price
increase. If the price increase is rejected, the specific item in question will be canceled. If the price
increase is approved, the price will remain firm for at least one (1) year from the date of the
increase. Upon mutual agreement, this contract may be renewed beyond the four (4), one-year
periods for a period not to exceed 180 days.
3.5 Experience: The awarded vendor(s) shall have been in the business of providing vehicle, truck, or bus parts
(new and rebuilt) for a minimum of three (3) years and maintain a current business license from the State of
Florida. Vendors shall provide documentation of applicable license, certification, and/or commercial
experience. HCPS reserves the right to request documentation at any time during the contract period.
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3.6 References: Vendors shall submit, with the bid response, the name, address and telephone number of the
three (3) largest commercial accounts with whom you conduct business of similar scope. All bidders must
have provided parts for trucks, buses and other vehicles (new & rebuilt) as specified herein, within the most
recent thirty-six (36) month period of time. HCPS may utilize other references information on a vendor’s
capability to determine performance history. Negative references, in HCPS sole discretion, may be cause for
disqualification of vendor. See Section 15 for reference forms. HCPS may not be used as a reference.
3.7 Award: Award of this contract shall be to the lowest responsive and responsible vendor who best meets the
terms and conditions of the bid. Consideration of award shall be based on the information submitted,
including vendors’ past performance, client references, and delivery greater than 30 days. HCPS reserves the
right to make multiple awards, award by groups, types or categories, item by item or lump sum total,
whichever may be in the best interest of HCPS.
3.8 Preference to Florida Businesses: In accordance with Florida Statute 287.084, HCPS purchases of personal
property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply, is
by a vendor whose principal place of business is in a state or political subdivision thereof which:
• grants a preference for the purchase of such personal property to a person whose principal place of
business is in such state, then HCPS shall award a preference to the lowest responsible and responsive
vendor having a principal place of business within the State of Florida. The preference to be granted
will be equal to the preference granted by the state or political subdivision thereof in which the lowest
responsible and responsive vendor has its principal place of business.
• does not grant a preference in competitive solicitation to vendors having a principal place of business in
that state, the preference to the lowest responsible and responsive vendor having a principal place of
business in the State of Florida shall be 5 percent.
3.8.1 Vendors responding to this solicitation, whose principal place of business is outside the State of
Florida, must provide a written opinion of an attorney at law licensed to practice law in that
foreign state, as to the preferences, if any or none, granted by the law of that state to its own
business entities whose principal places of business are in that foreign state in the letting of any
or all public contracts, see "Bidder's Statement of Principal Place of Business" later in this
solicitation.
3.9 Estimates: Quantities and/or amounts stated are for vendors’ guidance only and no guarantee is given or
implied as to quantities that will be used during the contract period. Estimated quantities and/or amounts
are based upon previous needs and estimated usage for a twelve (12) month period.
3.10 Warranty: The warranty for individually purchased equipment, after delivery and acceptance by the school or
department, shall be for one (1) year or manufacturer’s warranty, whichever is greater. The successful
vendor will be responsible for repairing each unit during the warranty period, at no cost to HCPS. Vendor
agrees to repair and return equipment within ten (10) days from receipt of request or provide a temporary
replacement.
3.11 Material Safety Data Sheets (MSDS): Vendor(s), delivering any toxic substances, as defined in Florida Statute
1013.49 or as amended, shall furnish to the Procurement Department, a Material Safety Data Sheet (MSDS)
with the bid or upon request. Failure of the vendor to provide MSDS, as requested, shall result in
disqualification of vendor for that bid. The District reserves the right to reject the use of any product from
this bid with due cause. All MSDS submitted must be either an original, as received from the manufacturer, or
a legible copy made from same. Vendor(s) shall be responsible, during the term of the contract, to provide
HCPS Procurement Department or Risk Management Department with revised MSDS on a timely basis, as
appropriate.
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3.12 Delivery and Installation: Prices quoted on the Bid Response Form shall include all shipping costs, shipping
F.O.B. Destination and to the facility location specified by the purchase order. Vendors shall provide inside
delivery to the various HCPS locations. For a list of all locations, select “District Sites” from the following
website: http://www.sdhc.k12.fl.us/procurement/vendorsbidders.asp.
3.12.1 Vendors shall provide inside delivery within thirty (30) days from receipt of purchase order.
3.12.2 Delivery is called for only between the hours of 8:00 a.m. and 3:00 p.m. Monday through Friday,
excluding HCPS holidays, unless otherwise specified.
3.12.3 It is required that all delivery, handling or other costs necessary to complete an order be included in
the single fixed cost provided on the Bid Response Form. Freight collect charges will not be allowed.
3.12.4 Should any product be damaged in transit, the Vendor(s) shall be responsible for replacement of the
damaged item and transportation for delivery of the replacement item. HCPS will not negotiate
with the transport companies for damaged product replacement. The Vendor(s) shall not invoice
HCPS for any charges associated with items damaged in transit.
3.12.5 The awarded vendor(s) shall make arrangements with shipper/common carriers for offloading and
inside delivery.
3.12.6 HCPS employees are not permitted at any time to unload, move, unpack, assemble, or put any
item in place that is purchased from this bid.
3.12.7 Installation shall include unloading, handling, inspection, assembling, installing, cleaning and
adjusting of all materials, components and equipment (furnished under this bid) in its proper
location and in satisfactory operational condition.
3.13 Communications: Vendor(s) must provide a means to receive direct communications from HCPS 10 hours a
day, 5 days a week, 7:00 am to 5:00 pm. Contact means shall be by office phone, cellular phone, radio, email
or fax. When vendor desires to be contacted by radio, vendor must provide a radio communication device to
HCPS for communication purposes for the duration of the contract. When contact is by pager, vendor(s) must
respond within 30 minutes of the page.
3.13.1 A copy of all written communication between any HCPS school/site and the vendor shall be
forwarded to the Procurement Agent upon issuance.
3.14 Debris Removal: The vendor(s) shall be responsible for removal of all debris from the site and cleaning work
areas. The vendor(s) shall keep the premises free of debris and unusable materials resulting from their work
and as work progresses; or upon request by a HCPS representative, shall remove such debris and materials
from property. USE OF HCPS DUMPSTERS AND/OR LEAVING DEBRIS ON SITE IS STRICTLY PROHIBITED.
3.15 Accounting and Invoicing: All accounting and invoicing correspondence must reference an HCPS purchase
order number. HCPS complies with the Florida Prompt Payment Act (ss.218.70-218.80). Invoice payment is
Net 45 days from the date of delivery or the receipt of satisfactory invoice, whichever occurs last, unless
invoices specify early payment discounts. All payments, other than payments for construction services, due
and not made within the time specified by this section bear interest from 30 days after the due date at the
rate of 1 percent per month on the unpaid balance.
3.15.1 Original invoices shall be submitted to HCPS Accounts Payable Department, as provided for on the
purchase order.
3.15.2 All service agreements require a duplicate invoice, clearly identified as a “duplicate” or “copy” to
the ordering department or designated project leader.
3.15.3 Individual purchases may be covered by purchase orders issued against the contract as item(s) are
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required and/or blanket purchase orders will be issued.
3.15.4 Payment for services shall be made by submission of a monthly invoice. The monthly invoice will
include all scheduled services and/or product purchased completed and/or purchased during the
one-month period.
3.15.5 HCPS personnel may choose to use a Visa Purchasing Card in place of a purchase order to make
purchases from this bid. Unless exception to the condition is acknowledged on the Bid Response
Form, the vendor, by submitting a bid, agrees to accept the purchasing card as an acceptable form
of payment and may not add additional service fees or handling charges to purchases made with
the purchasing card. Refusal to accept this condition may cause your bid to be declared non-
responsive.
3.15.6 For actual deliveries made, payments shall be made on a per order basis.
3.16 Pricing: HCPS requires a firm fixed price per unit. Your unit pricing shall be based on inside delivery. Delivery
costs shall be included in your bid price.
3.16.1 Unit of measure should be as stated on the Bid Response Form.
3.16.2 The cost for these items will be included in the bid rates defined in the Bid Response Form. Any
discounts offered will remain firm for the term of the contract.
3.16.3 Cost plus pricing will be used for unspecified miscellaneous items, also referred to as “Balance of
Line” or catalog items. Any discounts offered will remain firm for the term of the contract. Invoices
will be checked to confirm compliance with quoted pricing. Vendor is required to provide
documentation supporting costs for these items. HCPS may request evidence that vendor is
obtaining these materials at a reasonable price. This pricing approach is used for limited items for
which specific prices have not been requested. It is expected this will be a small percentage of
purchases for this bid. Cost plus ten 10%will be the maximum allowable markup.
3.17 Contract Termination: HCPS shall have the right at any time and at all times to terminate this agreement with
or without cause, upon written notice of such termination provided not less than 30 days prior to the date
that such termination is to be effective, or with such lesser notice as HCPS may deem appropriate under the
circumstances. Such right to terminate this contract without cause is hereby reserved by and to HCPS. In the
event HCPS shall elect to terminate this contract without cause, HCPS shall compensate the vendor for all
work and services provided or supplied prior to the date of termination. In the event that an advance notice
of termination is given the awarded vendor(s) agrees to abide and perform all covenants and provisions of
this contract until the date of the termination specified in the written notice of termination. The awarded
vendor(s) shall have no further rights, and HCPS shall have no further obligation, to the awarded vendor(s)
subsequent to the date of termination of this contract as specified in the written notice.
3.18 Contract Administration: HCPS will periodically inspect work completed or in process to assure that the
requirement of this contract are being met. Should it be found that the requirements specified herein are not
being satisfactorily maintained, the vendor(s) shall be contacted and any discrepancies, inconsistencies or
items not meeting the specifications contained herein corrected immediately at no additional cost to HCPS. A
second discrepancy notice shall serve, as notification that any future discrepancies, inconsistencies or items
not meeting specifications contained herein will result in terminations of the vendor’s right to proceed further
with this contract. The vendor(s) and his sureties may be liable to HCPS for any additional cost incurred by
HCPS to complete this contract. At this point, the vendor(s) shall be considered in default and the contract
subject to termination.
3.18.1 It is the intention of HCPS to contract as specified herein with one or more sources that will give
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prompt and convenient response to our needs. Any failure of the awarded vendor(s) to comply
with these conditions may be cause for terminating any resulting contract immediately upon notice
by the Procurement Department.
3.19 Vendor Application: In order to conduct new business under this bid, HCPS requires that all vendors have a
current Vendorbid application on file. If you are not registered as a vendor, go to
(https://www.vendorbid.net/hillsborough/index.asp?cookies=True) and complete the on-line Vendor
Application. Failure to comply with this condition may cause the vendor not to be awarded any new business.
3.20 Responding to HCPS Solicitations: Those interested in responding to this or any HCPS procurement
opportunity must log on to VendorBid and select “Current Bids”. Search for the bid referenced in the
notification and view the document(s). If you are interested in submitting a response (bid, proposal, quote,
etc.) and receiving updates (addendum) you must select “Participate” to continue notifications for the
solicitation. Any files added after opening (recommendation, tabulation), will not generate an update
notification but will be available to view at vendor’s discretion.
3.21 Small Business Enterprise (SBE) Participation: HCPS expects participation of HCPS Office of Supplier
Diversity (OSD) registered SBE vendors in the provision of goods, services, and construction. If third-party
agreements are necessary for the Vendor(s) to complete this contract, the District recommends using an
OSD registered SBE vendor. Vendor will indicate whether third-party vendors are OSD registered small
business enterprises, or provide a plan to incorporate small business enterprises in the project. Provide
evidence (copies) of any certifications. An on-line directory of all OSD registered SBE vendors may be
reviewed by visiting the OSD website at https://www.sdhc.k12.fl.us/OSD/VendorDirectory/.
The contact information below is for the HCPS Office of Supplier Diversity (OSD). This office can provide
you with an online directory of all certified small businesses by commodity or service. Vendors appearing
on the website will be accepted by HCPS as a certified small business enterprise if the vendor(s) submits
with their bid response a copy of the certificate from the OSD.
HCPS Office of Supplier Diversity
Attn: Supplier Diversity Officer
4901 East Dr. Martin Luther King, Jr. Blvd.
Tampa, Florida 33605
Phone: (813) 635-1240
Fax: (813) 635-1245
3.21.1 SBE Eligibility: Any business with a staff of 100 employees or less, whose average net-income is
equal to or less than $2,000,000 and its net worth is equal to or less than $3,000,000. Each business
applying for registration must meet the following eligibility standards: (i) must be an independent
business that has an office in the Tampa Bay area (Hernando, Hillsborough, Manatee, Pasco,
Pinellas, Polk, or Sarasota Counties). (ii) Must have been in existence and served the Tampa Bay
Area in a commercially useful capacity for no less than one (1) year prior to application. (iii) Be a
business with a staff of 100 employees or less. (iv) Must have an average net income of $2,000,000
or less and a net worth of $3,000,000 or less. (v) Must be certified with one of the following
agencies: City of Tampa, Florida Statewide & Inter-Local Certification, Hillsborough County, or
Florida Minority Supplier Development Council (FMSDC).
3.21.2 Business Utilization Report: In order to facilitate an effective monitoring system, each vendor, or
proposer must submit a completed and signed Utilization Report with the bid submission which lists
the names, addresses and contact persons of all subcontractor’s if any, to be used in the contract,
the type of work each business will perform, the dollar value of the work and the scope of work. The
Utilization Report submitted by the vendor(s) shall be submitted as a part of the contract with HCPS.
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If the information contained in the vendor’s Utilization Report changes by the time the contract is
executed, the vendor shall amend the Utilization Report and such amended Utilization Report shall
be incorporated into the contract.
3.21.3 Subcontractor’s Participation:
3.21.3.1 A prime vendor must identify S/M/WBE utilization expenditures to certified S/M/WBE
and OSD registered subcontractor’s that perform a function in the work of the contract.
3.21.3.2 A subcontractor must identify whether they enter into second tier subcontracts with an
S/M/WBE subcontractor to ensure completion of work.
3.21.4 OSD Review of Utilization Report: The vendor and its subcontractor’s agree to provide such
information as OSD shall request regarding the utilization of small, minority, and women-owned
business enterprises. The vendor(s) shall supply an updated Utilization Report to the OSD on a
quarterly basis.
3.22 Facility Security: All personnel must coordinate with the facility’s front office or security personnel.
Employees must be properly identified and must sign in and sign out when working or making deliveries
during operational hours. All personnel must remain in the assigned work area.
3.22.1 It shall be the sole responsibility of the vendor(s) performing services for this contract to safeguard
their own materials, tools, and equipment. HCPS shall not assume any responsibility for vandalism
and/or theft of materials, tools, and/or equipment.
3.23 Jessica Lunsford Act (JLA): To comply with § 1012.465 and 1012.467, Florida Statutes, the “Jessica Lunsford
Act”, all vendors meeting any of the three (3) criteria, (i) be at school when students are present, (ii) have
direct contact with students, or (iii) have access to or control of school funds, will be required to be Level II
fingerprinted and screened by the HCPS Human Resources Department, which consists of FDLE/FBI search. All
individuals will be required to have the statewide JLA badge and the HCPS yellow badge to access HCPS sites.
Site Administrators/Managers will deny access to anyone violating this procedure. Vendors may obtain more
JLA information and the hours and dates of operation for the HCPS Department of Professional Standards at
http://www.sdhc.k12.fl.us/Procurement/JessicaLunsfordAct.asp.
3.23.1 If no personnel meet any of the above criteria, the law does not apply and no action is required.
3.23.2 HCPS will use the "six-foot fence" rule where the vendor shall perform work, and at all times
remain, in an area separated from students by a chain link fence that is at least six (6) feet high for
projects approved through our Facilities Department.
3.23.3 HCPS will not use the "in-line-of-sight rule."
3.24 Personnel: All employees are to present a professional appearance. Personnel shall be neat, clean, well
groomed, properly uniformed and conduct themselves in a respectable and courteous manner while
performing duties and while at any HCPS facilities.
3.24.1 Qualifications of new people working under this contract will be submitted to HCPS, in writing, for
approval prior to them conducting any service under this contract. Submit list of all employees that
will be working under the current contract and any intention for additional personnel, and back-up
personnel for each function.
3.24.2 Employees shall wear a recognizable uniform. No hats shall be allowed indoors. Each technician
performing work for HCPS must carry a government issued picture ID that shall be presented upon
request while on HCPS property. This provision will be strictly enforced.
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3.24.3 Use of tobacco products shall only be allowed in designated area(s).
3.24.4 Personnel shall not play loud music, make unnecessary noises, or use language that causes offense
to others.
3.24.5 Vendor(s) are not to use any Day Labor or temporary workers at any HCPS facility. This includes all
technicians that are added subsequent to award. Failure to comply with this specification could
result in immediate termination of the award and liquidated damages.
3.24.6 The employment of unauthorized aliens by any vendor is considered a violation of Section 274 A (e)
of the Immigration and Nationalization Act. If the Vendor knowingly employs unauthorized aliens,
such a violation shall also be cause for cancellation of the contract.
3.24.7 Possession of firearms will not be tolerated on HCPS property; nor will violations of Federal and
State laws and any applicable HCPS policy regarding Drug Free Workplace be tolerated. Violations
will be subject for the immediate termination of any contract resulting from this Invitation to Bid.
3.24.8 “Firearm” shall mean any weapon (including a starter gun or antique firearm) which will, is designed
to, or may readily be, converted to expel a projectile by the action of an explosive; the frame or
receiver of any such weapon; any destructive device; or any machine gun.
3.24.9 No person who has a firearm in their vehicle may park their vehicle on HCPS property.
3.24.10 If any employee of a Vendor or Sub-Contractor is found to have brought a firearm on HCPS
property, said employee will be terminated from HCPS contract by the Vendor or Sub-Contractor. If
the Sub-Contractor fails to terminate said employee, the Sub-Contractor’s agreement with the
Vendor for HCPS contract shall be terminated. If the Vendor fails to terminate said employee or fails
to terminate the agreement with the Sub-Contractor who fails to terminate said employee, the
Vendors agreement with HCPS shall be terminated.
3.25 Substitutions: Substitutions of product will only be considered when manufacturer has discontinued the
product or is having difficulties in the manufacturing and delivery of the product. Vendors must provide an
approved substitute at the originally awarded price or lower price than the item being substituted. The
district must issue written acceptance before vendor may ship any substitute. Vendor requests to offer
substitute products for any item originally awarded on this bid shall be submitted in writing to the
Procurement Department along with the following documentation.
3.25.1 Proof that the manufacturer has discontinued the item and it is no longer available.
3.25.2 Complete technical specifications for the substitute product for consideration and approval by the
district.
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4 GENERAL REQUIREMENTS
4.1 In order to increase the efficiency of the HCPS Transportation Department, the awarded vendor(s) will be
required to do the following:
4.1.1 Provide sufficient new & rebuilt parts for trucks, buses and vehicles to meet the requirements
of HCPS’ Transportation Department on as needed basis (JIT Inventory).
4.1.2 Vendor(s) will assist the HCPS in determining industry nomenclature/descriptions, purchasing
UOM’s, and manufacturer’s part numbers.
4.1.3 Vendor is to have the ability to research parts and supplies for specialty equipment or special
circumstances from both OEM and aftermarket sources. Vendor is required to keep abreast of
new merchandise of interest to HCPS, as well as any items identified as discontinued. For items
deemed to be discontinued, vendor is to supply HCPS with an equal substituted item. All
substitutions are to first be approved by the Procurement Department and substitutions will
only be allowed for items that have been discontinued by the vendors’ manufacturer.
4.1.4 HCPS requests that vendor have a local facility (within Hillsborough County) where items can be
picked up, if needed.
4.1.5 At its discretion, the HCPS may elect to purchase and maintain ownership of certain specialized
items.
4.1.6 HCPS reserves the right to add any item(s) to this bid as a permanent item at a set price, should
HCPS have the need to stock the items at the Transportation Department warehouses.
4.2 Just-In-Time Inventory: HCPS’ Transportation Department will work with the awarded vendor throughout
the contract period to determine the parts, supplies and equipment to carry in inventory. This
determination may be based on usage, fleet size, and criticality of the part, ordering, turnaround time, or
any combination of these factors.
4.2.1 The vendor shall have access to and control over sufficient inventory provided either by the
vendor's on-site or off-site stock, its own warehouse, original equipment manufacturer and/or
by negotiation with one or several local parts operations to furnish 85% of the HCPS's parts
requirements on demand and 95% of the HCPS's parts requirements by start of business the
work day following the request. The vendor shall evaluate the usage history of the current
inventory of vehicle parts and thereafter on a monthly basis to identify those that should be
removed from stock, added to stock, and to determine the stocking levels of those that should
remain in stock. The vendor shall adhere to the stock reorder plan detailed in the proposal.
Prompt response time to parts requests is crucial to establish and maintain a high level of
maintenance shop productivity. Any decision to make changes that will impact response times
will be mutually agreeable with the HCPS Transportation Fleet Manager/Contracting Officer and
the Vendor.
4.2.2 Quality: The vendor shall provide stock and non-stock original equipment parts, supplies and
equipment, or aftermarket items in equal or higher quality. A minimum of Grade 8 is required
on all Fasteners. All hydraulic equipment, components and parts must meet JIC and SAE
specifications.
4.2.3 Periodic Inspection: HCPS reserves the right to inspect the quality of materials, supplies and
equipment proposed to be furnished and to reject any item(s) deemed not to meet original
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equipment standards and performance. All such items provided by the selected vendor for
resale to HCPS will remain the property of the vendor until used by HCPS.
4.3 Customer Service/Delivery: Provide efficient and rapid customer response at all times. Rapid response
shall include delivery to the end user(s) warehouses at all times, or other locations throughout the District
if the need should arise or in the case of an emergency. Delivery times are as follows:
4.3.1 Delivery hours are Monday through Friday 7:00 AM to 5:00 PM. Warehouse stock deliveries are
to be made within 2 (two) days of receipt of purchase order.
4.3.2 Vendor is to notify HCPS within 24 hours of receipt of purchase order if unable to meet delivery
requirements as noted above.
4.3.3 Vendor must be able to provide delivery of non-stocked items within five (5) days of receipt of
purchase order.
4.3.4 Emergency deliveries, either to a specific location or to a warehouse, are to be made by start of
business the day following request/receipt of purchase order.
4.3.4.1 HCPS reserves the right to purchase parts and/or services from other sources if the
vendor cannot obtain the desired part(s) by start of business the day following request
and, in emergency situations, to procure parts immediately, if the vendor cannot
supply the part(s) in an acceptable time frame.
4.3.4.2 Should the awarded vendor be unable to provide required parts, HCPS reserves the
right to purchase those specific parts from another vendor.
4.4 General Parts Information Original Equipment quality parts, supplies, and equipment or the equivalent or
better are required. HCPS’ Transportation Department reserves the right to purchase parts and other
supplies that cannot be provided by the vendor within the time frames specified, or that do not meet
original equipment quality, or that are deemed inferior or unacceptable by the fleet facility.
HCPS reserves the right to solicit repairs from any private vendor where said vendor may provide parts
and/or labor for the repair of fleet equipment.
4.5 Rebuilt/Refurbished or Recycled Parts: HCPS requires that in every application, where reasonable and
acceptable, the supplier provide retreaded, rebuilt, refurbished, recycled, or re-refined products that meet
or exceed OEM, SAE, UL, Mil-spec, ANSI or other industry quality standards. HCPS’ Transportation
Department reserves the right, over the course of the contract period to determine which products must
be new, refurbished, recycled, or retreaded.
4.6 Core Exchange: The vendor shall also accept industry standard cores for rebuilding where the parts are
acceptable as core exchanges, including water pumps, carburetors, pumps, alternators, engine blocks, etc.
4.7 Inventory Tracking: All invoices, packing slips or receipts shall contain specific tracking information, i.e.,
equipment number, reference number, receiving employee name, parts quantities, part number and
alpha description, price detail and any other data deemed necessary for effective accounting tracking.
4.8 Warranty Records: The vendor shall maintain warranty records of items sold to the HCPS and issue any
credits, including labor and parts, due the HCPS that are covered under these warranties.
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5 NO BID STATEMENT
ITB: 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt)
Regarding the above ITB, I hereby submit a “no bid” for the reasons checked below:
Please provide any additional explanation for not participating in our bidding process:
Signature of Owner or Authorized Officer/Agent:
Printed Name: Title:
E-mail:
Thank you for your participation in our bid process and we look forward to opportunities for you to respond in the
future.
Hillsborough County Schools
Procurement Department
**No Bid Statement may be submitted via facsimile to 813-272-4390, mailed to the bid delivery location on the front page of this
document, or emailed to the contact person listed.**
Insufficient time to respond
Could not meet Insurance requirements
Addenda were received too late to respond
Could not meet bonding requirements
Could not meet specifications
We do not offer the product or service requested
Specifications were unclear or restrictive
Our schedule will not permit us to respond
Terms & Conditions were unclear or restrictive
We do not bid directly
Keep our company on this bid list for future bids
Remove our company name from this bid list for future bids
Other:
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6 CONTACT INFORMATION AND CERTIFICATION
6.1 Vendor must supply the information listed below for bid to be considered.
6.2 The signer of this bid response guarantees, as evidence by the sworn affidavit required herein, the truth and
accuracy of all statements and of all answers to interrogatories hereinafter made.
6.3 The undersigned hereby authorizes any public official, engineer, architect, surety company, bank depository,
material or equipment manufacturer or distributor or any person, firm or corporation to furnish any pertinent
information requested by Hillsborough County Public Schools, or their representative, deemed necessary to verify
the statements made in this qualification form or regarding the standing and general reputation of the applicant.
The signer also states that all information given is an accurate representation of the office location and resources
from where the services are to be rendered.
6.4 The undersigned certifies that this bid is made without prior understanding, agreement or connection with any
corporation, firm or person submitting a bid for the same materials, supplies, or equipment and is in all respects
fair and without collusion or fraud. The undersigned certifies acceptance of this bid’s terms, conditions,
specifications, attachments, and addendum.
6.5 The undersigned certifies he/she is authorized to sign this bid for the vendor.
Company Name:
Address:
City, State: Zip:
FEIN: E-Mail:
Office Telephone: ( ) Fax: ( )
Contact/Account Representative Name: Title:
Address:
Telephone: ( ) Cell: ( ) Fax: ( )
Email Address:
Is your company registered as an SBE with HCPS’ Office of Supplier Diversity? __Y __N
Is your company M/SBE certified with any of the following agencies: (i) City of Tampa, (ii) Florida Statewide, (iii) Inter-Local
Certification, (iv) Hillsborough County, or (v) Florida Minority Supplier Development Council? __Y __ N
Preferred method to receive purchase orders: ______US Mail ______ Fax
Signature of Owner or Authorized Officer:
Typed (Printed) Name and Title of Above:
Date Submitted: / /
ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department
Phone: (813) 272-4327 Fax: (813) 272-4390
23
7 DEBARMENT CERTIFICATE
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion - Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017,
Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register
(pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this
transaction originated.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS BELOW)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
_____________________________________________________________________________________________
Organization Name Project/Bid Name
_____________________________________________________________________________________________
Name(s) and Title(s) of Authorized Representative(s)
_____________________________________________________________________________________________
Signature(s) Date
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this form, the prospective lower tier participant is
providing the certification set out on the reverse side in accordance with these
instructions.
2. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice
to the person to which this proposal is submitted if at any time the prospective
lower tier participant learns that its certification was erroneous when submitted
or has become erroneous by reason of changed circumstances.
4. The terms ``covered transaction,'' ``debarred,'' ``suspended,'' ``ineligible,''
``lower tier covered transaction,'' ``participant,'' ``person,'' ``primary covered
transaction,'' ``principal,'' ``proposal,'' and ``voluntarily excluded,'' as used in
this clause, have the meanings set out in the Definitions and Coverage sections
of rules implementing Executive Order 12549. You may contact the person to
which this proposal is submitted for assistance in obtaining a copy of those
regulations.
5. The prospective lower tier participant agrees by submitting this form that,
should the proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or agency with
which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form
that it will include this clause titled ``Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions,'' without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if
a participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participating in this transaction, in addition to other remedies
available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension
and/or debarment.
ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department
Phone: (813) 272-4327 Fax: (813) 272-4390
24
8 ADDENDUM FORM
Receipts of the following Addenda are hereby acknowledged (list all Addenda as follows):
ADDENDUM NO Dated
ADDENDUM NO Dated
ADDENDUM NO Dated
Dated this Day of , 20
Signature of Owner or Authorized Officer:
Typed Name of Above:
9 PUBLIC ENTITY CRIMES
Per the provisions of Florida Statute 287.133 (2) (A), "A person or affiliate who has been placed on the
convicted Vendor(s) list following a conviction for a public entity crime may not submit a proposal on a
contract to provide any goods or services to a public entity, may not submit a proposal on a contract with
a public entity for the construction or repair of a public building or public work, may not submit proposals
on leases of real property to a public entity, may not be awarded or perform work as a Vendor(s),
supplier, sub-contractor(s) or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Florida Statute 287.01 7 for
category two for a period of 36 months from the date of being placed on the convicted Vendor(s) list."
Company Official Signature: Date:
10 DISPUTE RESOLUTION CLAUSE
In the event a dispute occurs, or a clarification of minor contract terms becomes necessary, please
indicate your Proposer representative. The District representative will be the General Manager of
Procurement.
Representative's Name:
Telephone Number:
ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department
Phone: (813) 272-4327 Fax: (813) 272-4390
25
11 DRUG-FREE WORKPLACE CERTIFICATION
In the event of a tie, preference shall be given to businesses with drug-free workplace programs. Whenever
two or more proposals, which are equal with respect to price, quality and service, are received by the State or
by any political subdivision for the procurement of commodities or contractual services, a proposal received
from a business that certifies that it has implemented a drug-free workplace program shall be given
preference in the award process. Established procedures for processing tie proposals will be followed if none
of the tied awarded vendors maintains a drug-free workplace program. In order to have a drug-free workplace
program, a business shall:
11.1 Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace, and specifying the actions
that will be taken against employees for violations of such prohibition.
11.2 Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
11.3 Give each employee engaged in providing the commodities or contractual services that are under
proposal a copy of the statement specified in subsection (1).
11.4 In the statement specified in subsection (I), notify the employees that, as a condition of working on the
commodities or contractual services that are under proposal, the employee will abide by the terms of
the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to,
any violation of Chapter 893 or of any controlled substance law of the United States, or any state, for a
violation occurring in the workplace no later than five (5) days after such conviction.
11.5 Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation
program, if such is available in the employee's community, by any employee who is so convicted.
11.6 Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS COMPANY COMPLIES FULLY
WITH THE ABOVE DRUG-FREE WORKPLACE REQUIREMENTS
Authorized Signature:
Title: Date:
ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department
Phone: (813) 272-4327 Fax: (813) 272-4390
26
12 BIDDER’S STATEMENT OF PRINCIPAL PLACE OF BUSINESS
(To be completed by each Bidder)
Name of bidder:
Identify the state in which the bidder has its principal place of business:
Bidder’s signature: ____________________________________________________________________________________________
INSTRUCTIONS: IF your principal place of business above is located within the State of Florida, provide the information as
indicated above and return this form with your bid response. No further action is required. IF your principal place of business is
outside of the State of Florida, the following must be completed by an attorney and returned with your bid response. Failure to
comply shall be considered to be non-responsive to the terms of this solicitation.
OPINION OF OUT-OF-STATE BIDDER’S ATTORNEY ON BIDDING PREFERENCES
(To be completed by the Attorney for an Out-of-State Bidder)
NOTICE: Section 287.084(2), Fla. Stat., provides that “a vendor whose principal place of business is outside this state must
accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in
that foreign state, as to the preferences, if any or none, granted by the law of that state [or political subdivision thereof] to its
own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.” See
also: Section 287.084(1), Fla. Stat.
LEGAL OPINION ABOUT STATE BIDDING PREFERENCES
(Please Select One)
______ The bidder’s principal place of business is in the State of ________________ and it is my legal opinion that the laws of that
state do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are
in that state.
______ The bidder’s principal place of business is in the State of ________________ and it is my legal opinion that the laws of that
state grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of
business are in that state: [Please describe applicable preference(s) and identify applicable state law(s)]:
LEGAL OPINION ABOUT POLITICAL SUBDIVISION BIDDING PREFERENCES
(Please Select One)
______ The bidder’s principal place of business is in the political subdivision of ________________ and it is my legal opinion that
the laws of that political subdivision do not grant a preference in the letting of any or all public contracts to business entities whose
principal places of business are in that political subdivision.
______ The bidder’s principal place of business is in the political subdivision of ________________ and it is my legal opinion that the
laws of that political subdivision grant the following preference(s) in the letting of any or all public contracts to business entities
whose principal places of business are in that political subdivision: [Please describe applicable preference(s) and identify applicable
authority granting the preference(s)]:
Signature of out-of-state bidder’s attorney:
Printed name of out-of-state bidder’s attorney:
Address of out-of-state bidder’s attorney:
Telephone Number of out-of-state bidder’s attorney: (_____) _____ - _________
Email address of out-of-state bidder’s attorney:
Attorney’s states of bar admission:
ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department
Phone: (813) 272-4327 Fax: (813) 272-4390
27
13 REQUIRED SUBMITTALS CHECKLIST
Note: Submittal is required for each box checked (or where applicable) for bid to be considered.
Addendum Form (Sign and Acknowledge)
Bid Response Form
Bid Security: See bid for guidelines
Bidder’s Statement of Principal Place of Business
Business (Occupational) License
Catalogs
Certificate of Insurance: See enclosed guidelines for detailed specifications
Contact Information & Certification
Debarment Certificate
Dispute Resolution Clause
Financial Statement
Illustrations
List of References
List of Subcontractor(s)
Manufacturer’s certificate of warranty
MSDS Sheets- if applicable
Product Samples: See bid for specific details
Public Entity Crimes
Work Schedule: Only required if completion will run beyond (30) days
Other: Attachment “A” in Excel format – USB Zip Drive or CD-R
Other: ______________________________________________________________
Other: ______________________________________________________________
Other: ______________________________________________________________
ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department
Phone: (813) 272-4327 Fax: (813) 272-4390
28
14 BID RESPONSE FORM
Please see Attachment “A” Bid Response Form (Part 2) under separate cover. Attachment A shall be
completed and returned in Excel format on a CD-R disk (CD) or Flash Drive. IMPORTANT NOTE: Due to
incompatibility, do not send information on CD-RW disk. Handwritten, printed, or alternate formats (i.e.
Adobe Acrobat) of this form will not be accepted. No exceptions.
Due to the extensive and diverse number of parts HCPS utilizes the bid response form reflects the most
commonly used items per category. All other items shall be included in the balance of line items and will be on
a cost plus basis as indicated herein.
In addition, please complete the following information:
14.1 Delivery: Please answer the following delivery questions:
14.1.1 What is your company’s delivery time after receipt of order?
14.1.2 Vendor is able to comply with the delivery requirements as stipulated in Section 3.
____Yes ____No
14.2 Minimum Order: Does vendor require a minimum order. ____Yes ____No
14.2.1 If yes, what is the amount of minimum order? (Note: a minimum order requirement may cause
this response to be rejected).
14.3 Payment Terms
Please select only one (1) payment option from the following list.
NET 45: (Standard payment terms): Invoice will be paid in 45 days with no cash discount
NET 14: option is available only to HCPS OSD registered vendors. Invoices are paid in 14 days
with no cash discount. Non-OSD registered vendors who mistakenly choose this option will be
paid at the NET 45 days standard.
_____ %: 21 Days, Net 45: (Discount for early payment; i.e.: 2% 21, NET 45). Invoices, less
agreed upon discount, are paid in 21 days.
• Note: This option requires you to enter a discount percent
NET 21: (E-Payables option; Visa virtual credit card)
• Contact the Procurement Department for specific information for the E-Payable option.
• This option will require the use of credit cards through your financial institution and/or
credit card processor.
P-CARD: (Visa purchasing card)
Contact the Procurement Department for detailed specifications on the use of P-Cards. Note:
You may be required to provide third level information, if warranted.
_____I do accept the Purchasing Card conditions stated in this solicitation.
_____I do not accept the Purchasing Card conditions stated in this solicitation.
Please check below which level of reporting your company offers its customers utilizing the P-Card.
ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department
Phone: (813) 272-4327 Fax: (813) 272-4390
29
_____ Level 1: includes the basic information found on a typical credit card statement.
_____ Level 2: Level 1 information, plus sales tax and transaction data field (usually 16
characters) providing information related to the transaction, such as an order number or
an employee name.
_____ Level 3: Level 2 information, plus other useful data (item product code, item
description, quantity, price, and so on). Level 3 reporting provides information usually
found on a typical invoice.
Vendor Signature
Company Name
Print Name/Title
Date
14.4 On-line Ordering Information: Please answer the following on-line ordering questions:
14.4.1 Vendor is able to offer on-line ordering. ____Yes ____No
If yes, what is the URL?
14.4.2 Vendor is able to accept Visa Purchase Card transactions for on-line ordering.
____Yes ____No
14.4.3 Vendor is able to customize the site for the needs of HCPS at no additional charge.
____Yes ____No
14.4.4 If yes, how long would customization take?
ITB No. 13136-DST Parts for Trucks, Buses, and Vehicles (New & Rebuilt) Hillsborough County Public Schools Procurement Department
Phone: (813) 272-4327 Fax: (813) 272-4390
30
15 REFERENCES:
Vendors shall submit, with the bid response, the name, address and telephone number of the three (3) largest
commercial accounts with whom you conduct business of similar scope. HCPS may utilize other references
information on a Proposer’s capability to determine performance history. Negative references, in HCPS sole
discretion, may be cause for disqualification of vendor.
Please complete this form and return with your bid submittals.
Name Of Customer
Contact Name
Address:
City: State: Zip:
Telephone Number
Fax Number
Email Address
Name Of Customer
Contact Name
Address:
City: State: Zip:
Telephone Number
Fax Number
Email Address
Name Of Customer
Contact Name
Address:
City: State: Zip:
Telephone Number
Fax Number
Email Address
Business
Action Item
DATE:Tuesday, January 21, 2014
TO:School Board Members
FROM:MaryEllen Elia, Superintendent
SUBJECT / RECOMMENDATIONS
Accept the Lowest and Best Bids Submitted by Various Vendors – Invitation to Bid (ITB) #13136-DST Parts for Trucks,
Buses, and Vehicles (New and Rebuilt) (Business Division)
EXECUTIVE SUMMARY
This bid was prepared at the request of the Transportation Department to provide fixed pricing for stock and non-stock
parts, supplies, and equipment for trucks, buses, and vehicles, as needed. Parts include new and rebuilt items for
the district's fleet.
Bidding vendors are required to be based in Hillsborough County and be available to pick up and deliver products. This
recommendation has been reviewed by the General Manager, Transportation Department.
The initial term of this contract shall be for a one-year period beginning February 2, 2014, with four one-year renewals.
All prices offered are firm against any increase for at least one year from the effective date. This contract may be
renewed by the Superintendent, per the terms of the specifications.
STRATEGIC OBJECTIVES
• Align financial resources to support the district’s strategic goals • Demonstrate best financial practices
FINANCIAL IMPACT (Budgeted: Yes)
Year-to-date expenditures are $1,436,775 for 2013/2014, and $3,207,434 for 2012/2013.
EVALUATION
Contract administration or evaluation is performed by the Project Manager (end user) and Procurement Officer, who
function as a team. Reviews are conducted face to face, typically quarterly, or by utilizing an online vendor performance
report. Prior to soliciting a new contract, the Contract Administration Team must first give consideration to the
specifications and supporting data of the expiring contract.
SUBMITTED BY: Jean Bowman, General Manager, Procurement Department
Cathy L. Valdes Gretchen Saunders
Chief Facilities Officer
(813) 272-4004
Chief Business Officer
(813) 272-4270
A 6.19
Hillsborough County Public Schools (Florida) * Mtg.#20140121_624 (Board Meeting)* Section A Item# 6.19
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1288
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 3
File Type: Action ItemIn Control: Legal Department
Agenda Number: 11.1
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8715-15 on third reading, amending the Community Development Code
regarding numerous provisions.
SUMMARY:
Page 1 City of Clearwater Printed on 6/11/2015
ORDINANCE NO. 8715-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AN AMENDMENT TO THE CODE OF ORDINANCES BY AMENDING
CHAPTER 1, SECTION 1.12, TO CORRECT REFERENCES;
AMENDING APPENDIX A -SCHEDULE OFFEES, RATES AND
CHARGES, XXVII, BUSINESS TAX, TO REMOVEERRONEOUS
INFORMATION; AND BY MAKING AMENDMENTS TO THE
COMMUNITY DEVELOPMENT CODE BYAMENDING ARTICLE 2,
CHART 2-100, TO ADD ENVIRONMENTAL PARKAS A PERMITTED
USE; AMENDING ARTICLE 2, SECTIONS 2-204, 2-304 AND 2-802, TO
ADD A FOOTNOTE PERTAINING TO NON-RESIDENTIAL OFF-
STREET PARKING LOTS; AMENDING ARTICLE 2, SECTIONS 2-703,
2-704, 2-802, 2-803, 2-902 AND 2-1303, TO MODIFY A CRITERION
FOR BREWPUBS AND/OR MICROBREWERIES; AMENDING ARTICLE
2, DIVISION 15, TO ADD ENVIRONMENTAL PARK AND OPEN SPACE
AS MINIMUM STANDARD DEVELOPMENT USES; AMENDING
ARTICLE 3, SECTION 3-804, TO INCREASE MAXIMUM FENCE
HEIGHT; AMENDING ARTICLE 3, SECTION 3-1406, TO MODIFY OFF-
STREET LOADING REQUIREMENTS; AMENDING ARTICLE 3,
SECTION 3-1409, TO ALLOW FOR A LOSS OF PARKING SPACES
WHEN ACCOMMODATING HANDICAP ACCESSIBLE PARKING
SPACES; AMENDING ARTICLE 3, SECTION 3-1805, TO MODIFY
ILLUMINATED SIGN STANDARDS; AMENDING ARTICLE4, SECTION
4-1202, TO MODIFY REQUIREMENTS PERTAINING TO THE
PREPARATION OF TREE INVENTORIES;AMENDING ARTICLE 6,
SECTION 6-102, TO PROVIDE AN EXCEPTION FOR AFFORDABLE
HOUSING;AMENDING ARTICLE 7, SECTION 7-103, TO MODIFY
LANGUAGE PERTAINING TO VIOLATIONS AND FINES; AMENDING
ARTICLE 8, SECTION 8-102, TO MODIFY THE DEFINITIONS FOR
DWELLING UNIT, MEDICAL CLINIC AND PROTECTED TREE, ADD
DEFINITIONS FOR ENVIRONMENTAL PARK; CERTIFYING
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND
PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City; and
WHEREAS, the City of Clearwater has determined where the Community Development
Code and Code of Ordinances needs clarification and revision; now therefore,
2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1.That Chapter 1, General Provisions, Section 1.12, General Penalty;
Enforcement of Civil Infractions; Continuing Violations, Code of Ordinances be amended to read
as follows:
Sec. 1.12. -General penalty; enforcement of civil infractions; continuing violations.
* * * * * * * * * *
(2)The ordinances contained in this CodeAny city ordinancemay be enforced through the
municipal code enforcement board pursuant to the procedures contained in chapter 2,
article III, division 9Article 7, Community Development Code.
(3)Except for the ordinances set forth in Chapter 6, Chapter 15, section 3-1508(Noise),
Chapter 21, Chapter 22, and Article 3, Division 3 (Adult Use Standards), the ordinances
contained in this Codeany city ordinancemay be enforced in accordance with the
following procedures:
* * * * * * * * * *
Section 2.That Appendix A, Schedule of Fees, Rates and Charges, XXVIII.,
Business Tax, Code of Ordinances be amended to read as follows:
APPENDIX A -SCHEDULE OF FEES, RATES AND CHARGES
* * * * * * * * * *
XXVIII.BUSINESS TAX:
Category No.Sub-Category No.Category Fee
* * * * * * * * * *
054.000 GUNS DEALER, includes repair (See note B and C, No
home occupation; requires federal firearms license)
140.10
* * * * * * * * * *
Notes:
A.Requires approval by the city council.
B.Requires city police department recommendation. The applicant shall complete a
background information report, executed under oath, and shall submit to a background
investigation, photograph, and fingerprints. The recommendation shall be based upon
the criteria set forth insection 29.41and shall include a statement of the facts upon
which the recommendation is based.
C.Requires approval by the Planning Department.
D.Requires inspection, approval or license of state or county authority.
NOC -Not otherwise classified.
* * * * * * * * * *
Section 3.That Article 2, Zoning Districts, Chart 2-100, Permitted Uses, Community
Development Code be amended to read as follows:
3
CHART 2-100 PERMITTED USES
Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD
Residential
Accessory dwellings X X X X X X
Attached dwellings X X X X X X X
Community residential homes X X X X X X X X
Detached dwellings X X X X X X X X
Mobile homes X
Mobile home parks X
Residential infill projects X X X X X X X
Nonresidential
Adult uses X X
Airport X
Alcoholic beverage sales X X X
Animal boarding X X X
Assisted living facilities X X X X
Automobile service stations X X
Bars X X X X
Brewpubs X X X
Cemeteries X
Community gardens X X X X X X X X
Comprehensive infill redevelopment
project (CIRP)X X X X X X X
Congregate care X X X X
Convention center X
Educational facilities X X X X
Environmental park X
Governmental uses X X X X X X
Halfway houses X
Hospitals X
Indoor recreation/entertainment X X X X
Light assembly X
Manufacturing X
Marinas X
Marinas and marina facilities X X X X
Medical clinic X X X X
Microbreweries X X
Mixed use X X X X
Nightclubs X X X X
Non-residential off-street parking X X X X
Nursing homes X X X X
Offices X X X X X X
Off-street parking X X
4
Open space X
Outdoor recreation/entertainment X X X X
Outdoor retail sales, displayand/or
storage X
Outdoor storage X
Overnight accommodations X X X X X X X X
Parking garages and lots X X X X X X
Parks and recreation facilities X X X X X X X X X X X X
Places of worship X X X X
Planned medical campus X
Planned medical campus project X
Problematic uses X
Public facility X X
Publishingand printing X
Public transportation facilities X X X X X X X
Research and technology use X
Residential shelters X X
Resort Attached Dwellings X
Restaurants X X X X X X
Retail plazas X X X
Retail sales and services X X X X X X X X
RV parks X
Salvage yards X
Schools X X X X X X X X
Self-storage warehouse X X
Social and community centers X X X X
Social/public service agencies X X X X
Telecommunications towers X X X X X
TV/radio studios X X
Urban farms X
Utility/infrastructure facilities X X X X X X X X X X X X X X X
Vehicle sales/displays X X
Vehicle sales/displays, limited X X
Vehicle sales/displays, major X
Vehicle service X
Vehicle service, limited X
Vehicle service, major X
Veterinary offices X X X X
Wholesale/distribution/warehouse
facility X
Section 4.That Article 2, Zoning Districts, Division 2, Low Medium Density
Residential District, Section 2-204, Flexible Development, Community Development Code be
amended to read as follows:
5
Section 2-204. -Flexible development.
The following Level Two uses are permitted in the LMDR District subject to the standards and
criteria set out in this section and other applicable regulations in Article 3.
Table 2-204. "LMDR" District Flexible Development
Use Min. Lot
Size
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)Max.
Height
(ft.)
Min. Off-Street
ParkingFrontSideRear
(1)
Attached Dwellings 10,000 100 25 5 15 30 2/unit
Detached Dwellings 3,000-
5,000
25-50 15-
25
2-5 5-15 30 2/unit
Non-Residential Off-Street
Parking(3)
n/a n/a 25 10 10 n/a n/a
Parks and Recreation Facilities n/a n/a 35 20 25 30 1 per 20,000 SF
land area or as
determined by
the community
development
director based
on ITE Manual
standards
Residential Infill Projects (2)n/a n/a 10-
25
0-5 0-15 30 2/unit
Schools 40,000 200 35 25 15 30 1/3 students
(1)Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8,
Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the
parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The
Building Code may require the rear setback to be at least 18 feet from a seawall.
(2)The development standards for residential infill projects are guidelines and may be varied based on the
criteria specified in Section 2-204(E).
(3)Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous
like uses which exceed three acres shall require a land use plan map amendment to the appropriate land
use category.
* * * * * * * * * *
Section 5.That Article 2, Zoning Districts, Division 3, Medium Density Residential
District, Section 2-304, Flexible Development, Community Development Code be amended to
read as follows:
Section 2-304. -Flexible development.
The following Level Two uses are permitted in the MDR District subject to the standards and
criteria set out in this Section and other applicable regulations in Article 3.
Table 2-304. "MDR" District Flexible Development
Use Min. Lot
Size
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)Max.
Height
(ft.)
Min. Off-Street
ParkingFrontSideRear
(1)
Assisted Living Facilities 20,000 100 25 5 10 30—50 1 per 2
residents
6
Attached Dwellings 10,000 100 25 5 10 30—50 2/unit
Congregate Care 20,000 100 25 5 10 30—50 1 per 2
residents
Non-Residential Off-Street
Parking(3)n/a n/a 25 5 10 n/a n/a
Overnight Accommodations 20,000 100 25 5 10 30—50 1/unit
Parks and Recreational
Facilities n/a n/a 35 20 25 30
1 per 20,000 SF
land area or as
determined by
the community
development
director based
on ITE Manual
standards
Residential Infill Projects(2)n/a n/a 10—
25 0—5 0—
10 30—50 2/unit
(1)The Building Code may require the rear setback to be as least 18 feet from any seawall.
(2)The development standards for residential infill projects are guidelines and may be varied based on the
criteria specified in Section 3-304(G).
(3)Non-residential parking lots shall not exceed three acres. Any such use, alone or whenadded to contiguous
like uses which exceed three acres shall require a land use plan map amendment to the appropriate land
use category.
* * * * * * * * * *
Section 6.That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
703, Flexible Standard Development, Community Development Code be amended to read as
follows:
Section 2-703. -Flexible standard development.
The following uses are Level One permitted uses in the "C" District subject to the standards and
criteria set out in this Section and other applicable provisions of Article 3.
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * * *
F.Brewpubs.
* * * * * * * * * *
2.Any overhead loadingdoors shall be located perpendicular to the abutting streets
and screened fromadjacent properties by landscaped walls or fences.
* * * * * * * * * *
K.Microbreweries.
* * * * * * * * * *
4.Any overhead loadingdoors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls orfences.
* * * * * * * * * *
7
Section 7.That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
704, Flexible Development, Community Development Code be amended to read as follows:
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * * *
D.Brewpubs.
* * * * * * * * * *
2.Any overhead loadingdoors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
J.Microbreweries.
* * * * * * * * * *
4.Any overhead loadingdoors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 8.That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-802,
Flexible Standard Development, Community Development Code be amended to read as
follows:
Section 2-802. -Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the standards and
criteria setout in this section and other applicable provisions of Article 3.
Table 2-802. "T" District Flexible Standard Development Standards
Use1 Min. Lot
Area
(sq. ft.)
Min. Lot
Width
(ft.)
Max.
Height1
(ft.)
Min. Setbacks (ft.) 1 Min. Off-Street
ParkingMin.
Front
(ft.)
Min.
Side
(ft.)
Min.
Rear
(ft.)
Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit
Alcoholic Beverage Sales 5,000 50 35 10—
15
10 20 5 per 1,000
GFA
Attached Dwellings(6)10,000 100 35—50 10—
15
10 10—
20
2 per unit
Bars 5,000 50 35 15 10 20 10 per 1,000
GFA
Brewpubs 5,000—
10,000
50—100 35—50 0—15 0—10 10—
20
1.5/1,000 GFA
dedicated to
brewery
operations and
support
services; and 7-
12/1,000 GFA
for all other use
area
Governmental Uses(2)10,000 100 35—50 10—
15
0—10 10—
20
3—4/1,000 GFA
Indoor
Recreation/Entertainment
5,000 50 35—50 0—15 0—10 20 10 per 1,000
GFA
Medical Clinic 10,000 100 35—50 10—
15
10 20 5/1,000 GFA
8
Mixed Use 5,000—
10,000
50—100 35—50 0—15 0—10 10—
20
Based upon
specific use
requirements
Nightclubs 5,000 50 35 15 10 20 10 per 1,000
GFA
Non-Residential Off-Street
Parking(7)
n/a n/a n/a 25 5 10 n/a
Offices 5,000—
10,000
50—100 35—50 0—15 0—10 10—
20
3/1,000 SF GFA
Outdoor
Recreation/Entertainment
5,000 50 35 10—
15
10 20 2.5 spaces per
1,000 sq. ft. of
lot area or as
determined by
the community
development
director based
on ITE Manual
standards
Overnight Accommodations 20,000 100—
150
35—50 10—
15
0—10 10—
20
1.2 per unit
Parking Garages and Lots 20,000 100 50 15—
25
10 10—
20
n/a
Parks and Recreation Facilities n/a n/a 50 25 10 20 1 per 20,000 SF
land area or as
determined by
the community
development
coordinator
based on ITE
Manual
standards
Public Transportation
Facilities(3)
n/a n/a 10 n/a n/a n/a n/a
Resort Attached Dwellings(6)10,000 100 35—50 10—
15
10 10—
20
1.5 per unit
Restaurants 5,000—
10,000
50—100 35—50 0—15 0—10 10—
20
7—12 spaces
per 1,000
GFA(5)
Retail Plazas 15,000 100 35—50 0—15 0—10 10—
20
4 spaces per
1,000 GFA
Retail Sales and Services 5,000—
10,000
50—100 35 -50 0—15 0—10 10—
20
4—5 spaces per
1,000 GFA(5)
Social and Community Center 5,000—
10,000
50—100 35—50 10—
15
0—10 10—
20
4—5 spaces per
1,000 GFA
Utility/Infrastructure Facilities(4)n/a n/a n/a 25 10 10 n/a
* * * * * * * * * *
(7)Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous
like uses which exceed three acres shall require a land use plan map amendment to the appropriate land
use category.
Flexibility criteria:
* * * ** * * * * *
E.Brewpubs.
* * * * * * * * * *
2.Any overhead loadingdoors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
9
* * * * * * * * * *
Section 9.That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-803,
Flexible Development, Community Development Code be amended to read as follows:
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * * *
E.Brewpubs.
* * * * * * * * * *
2.Any overhead loadingdoors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 10.That Article 2, Zoning Districts, Division 9, Downtown District, Section 2-
902, Flexible Standard Development, Community Development Code be amended to read as
follows:
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * * *
E. Brewpubs.
* * * * * * * * * *
2.Any overhead loadingdoors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 11.That Article 2, Zoning Districts, Division 13, Industrial Research and
Technology (IRT) District, Section 2-1303, Community Development Code be amended to read
as follows:
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * * *
E.Microbreweries.
* * * * * * * * * *
3.Any overheadloadingdoors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 12.That Article 2, Zoning Districts, Division 15, Preservation District,
Community Development Code be amended to read as follows:
* * * * * * * * * *
Section 2-1502. -Flexible standard development.
10
Section 2-1502. –Minimum standard development.
The following uses are Level One permitted uses in the P District subject to the minimum
standards set out in this section and other applicable provisions of Article 3.
Table 2-1502. "P" District Minimum Standard Development Standards
Use Min. Lot
Size
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)Max.
Height
(ft.)
Min. Off-Street
ParkingFrontSideRear
Environmental Park n/a n/a n/a n/a n/a n/a 1 per 40,000 SF
land area
Section 2-1503. -Flexible standard development.
The following uses are Level One permitted uses in the Preservation District subject to the
minimum standards set out in this section and other applicable provisions of Article 3.
* * * * * * * * * *
Section 13.That Article 3, Development Standards, Division 8, Fences and Walls,
Section 3-804, Height Requirements, Community Development Code be amended to read as
follows:
Section 3-804. -Height requirements.
The following height requirements shall apply to all fences, and walls, except chain link fences.
A.Front. Walls and fences located in front of a principal structure shall be permitted to a
maximum height of 3648inches with the following exceptions:
* * * * * * * * * *
Section 14.That Article 3, Development Standards, Division 14, Parking and Loading,
Section 3-1406, Off-Street Loading and Vehicle Stacking Spaces, Community Development
Code be amended to read as follows:
Section 3-1406. -Off-street loading and vehicle stacking spaces.
A.Off-street loading:
* * * * * * * * * *
2.Guidelines: The following table sets forth the guidelines to be used in determining
the adequacy of off-street loading for all proposed development, except for such
development within the Downtown (D) and Tourist (T)districts where such
facilities are not required:
Use or Use Category:Gross Floor Area (in square
feet) or Units
Loading Spaces Required
IndustrialLight assembly,
manufacturing,
microbreweries, research and
technology, and wholesale/
distribution/ warehouse facility
5,000—15,000 sq. ft.
15,001—50,000 sq. ft.
50,001—100,000 sq. ft.
Each additional 100,000 sq. ft.
One space
Two spaces
Three spaces
One additional space
Offices 8,000—20,000 sq. ft.
20,001—100,000 sq. ft.
One space
Two spaces
11
More than 100,000 sq. ft.Three spaces
Overnight accommodations not
associated with restaurants,
meeting/conference rooms or
other similar facility
N/A None
Overnight accommodations
associated with restaurants,
meeting / conference rooms or
other similar facility
N/A One space
Brewpubs,Retail sales and
service, and restaurants
6,000—20,000 sq. ft.
20,001—100,000 sq. ft.
Each additional 50,000 sq. ft.
One space
Two spaces
One additional space
* * * * * * * * * *
Section 15.That Article 3, Development Standards, Division 14, Parking and Loading,
Section 3-1409, Handicapped Parking Spaces, Community Development Code be amended to
read as follows:
Section 3-1409. -Handicapped parking spaces.
A.All new or expanded uses shall be provided with handicapped parking spaces based
upon the number of spaces required to serve the new or expanded use, as follows:
Total Spaces Required in Parking Lot Number of Handicapped Spaces
1 –25 1
26 –50 2
51 –75 3
76 –100 4
101 –150 5
151 –200 6
201 –300 7
301 –400 8
401 –500 9
501 –1,000 2 percent of total
Over 1,000 20 plus 1 for each 100 over 1,000
All handicapped parking spaces shall be conspicuously outlined in blue paint and posted
and maintained with permanent above-grade signs of a color and design consistent with
standards established by the Florida Department of Transportation, bearing the
international symbol of accessibility and the caption "PARKING BY DISABLED PERMIT
ONLY". The required number of handicapped parking spaces shallbe included in the
total number of parking spaces required for the new or expanded use. All handicapped
parking spaces shall be designed and located in accordance with the standards set forth
in F.S. § 316.1955(3), as may be amended from time to time.
B.For those properties that are currently developed, but are not in compliance with the
above requirements, the number of off-street parking spaces may be reduced below the
quantity which would otherwise be required pursuant to Article 2 as part of a Level One
(minimum standard) approvalin order to achieve compliance with Section 3-1409.A.,
above. Under no circumstances shall the number of off-street parking spaces being
reduced be greater than the minimum necessary to achieve compliance.
* * * * * * * * * *
12
Section 16.That Article 3, Development Standards, Division 18, Signs, Section 3-
1805, Community Development Code, be amended to read as follows:
Section 3-1805. -General standards.
* * * * * * * * * *
C.Illuminated signs.
* * * * * * * * * *
5.The light which illuminates a sign shall be shaded, shielded, or directed so that
no structure, including sign supports or awnings, are illuminated by such lighting.
The above shall not be construed so as to prohibit an awning with signage from
being externally illuminated.
* * * * * * * * * *
Section 17.That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-1202, Removal Permit -Application, Community Development
Code be amended to read as follows:
Section 4-1202. -Removal permit–Application.
Any person who is required by this division to obtain a permit to remove a tree or palm shall
make written application to the community development coordinator on application forms to be
provided, accompanied by the fee required by Section 4-202(E) and including the following
documentation:
A.Requirements for multi-family and all non-residential properties, and subdivisions.
1.A site plan showing the location of all protected trees and palms by size, canopy
and species, distinguishing the tree or trees proposed to be removed, the scaled
location of proposed tree barricades, existing and proposed structures, walks,
driveways, and parking areas and other improvements.
2.A tree inventory, prepared by a certified arborist, of allshadetrees four inches
DBH and greater,accent trees two inches DBH and greater, and any other tree
as part of an approved landscape planspecifying the size, canopy, and condition
of such trees.
* * * * * * * * * *
Section 18.That Article 6, Nonconformity Provisions, Section 6-102, Nonconforming
Structures, Community Development Code be amended to read as follows:
Section 6-102. -Nonconforming structures.
* * * * * * * * * *
13
B.Normal repair and maintenance, such as painting,cleaning, and repairing of same
nonconformity may be performed on nonconforming structures. However,
nonconforming structures shall be made to fully comply with the provisions of this Code,
provided the cost of repair of any structure or improvement at any time exceeds 50
percent of the assessed value of the entire structure. Assessed value shall be
determined by reference to the official property tax assessment rolls for the year the
structure or site improvement is destroyed or damaged.
* * * * * * * * * *
D.Any part of a nonconforming structure which is destroyed or damaged to the extent of
less than 50 percent of the assessed value of the entire structure may be repaired or
restored if a complete and legally sufficient application for all required permits to repair
or restore the damage is submitted within six months of the date of the damage. Any
nonconforming structure which is destroyed or damaged to 50 percent or more of the
assessed value may be repaired or restored only if the structure conforms to the
standards of this Development Code for the zoning district in which it is located.
Assessed value shall be determined by reference to the official property tax assessment
rolls for the year the structure is destroyed or damaged. The extent of damageor
destruction shall be determined by the building official by comparing the estimated cost
of repairs or restoration with the assessed value.
* * * * * * * * * *
F.Exemption: Any nonconforming structure that is used for affordable housingmay be
exempted from subsections B or D, above, subject to approval of a Level One (flexible
standard) application, and provided that the following criteria are satisfied:
1.The exemptionwill only apply to a bona fide affordable housing project as
verified by the City’s Economic Development & Housing Department;and
2.The exemptionwill not apply to a structure in any area of special flood hazard
which is not elevated or flood-proofed to National Flood Insurance Program
standards, as set forth in 44 CFR 59 and 60;and
3.The exemptionwill not be contrary to the public interest;and
4.The exemptionwill not be contrary to the Florida Building Code or related
requirements to protect public safety;and
5.The exemptionwould have the effect of reducing the number of nonconforming
features of the structure or site or of reducing the degree of nonconformity of one
or more non-conforming feature(s) of the structure or site; and
6.The repair, alteration, or enlargement of the nonconforming structure would
provide for affordable housing consistent with the required covenants to maintain
affordability as set forthin Section3-920.A.4.
Section 19.That Article 7, Enforcement Proceedings and Penalties, Section 7-103,
Remedies; Penalties, Community Development Code be amended to read as follows:
Section 7-103. -Remedies; penalties.
* * * * * * * * * *
14
B.Fines. Upon being notified by the code inspector that an order issued by the special
master or municipal code enforcement board has not been complied with within the time
established in such order or upon finding that a repeat violation has been committed, the
special master or municipal code enforcement board shall order the violator to pay a fine
to the city for each day the violation continues past the compliance date established in
its order or, in the case of a repeat violation, for each day the repeat violation continues,
beginning with the date of the issuance of the notice of violationthe repeat violation is
found to have occurred by the code inspector. Any fine the special master or municipal
code enforcement board imposes pursuant to this section shall not exceed $250.00 per
day for a first violation or $500.00 per day for a repeat violation. If the municipal code
enforcement board finds aviolation to be irreparable or irreversible in nature, it may
impose a fine not to exceed $5,000.00 per violation.
* * * * * * * * * *
D.Restoration of landscaping/trees. In addition to the penalties provided in Chapter 1,
Section 1.12 of the City of Clearwater's Code of Ordinances, any person who violates
any provision of Article 3 Division 12 shall be required, as applicable, to:
1.Restore the vegetative buffer to itsnatural state; or
2.Pay to the city a civil penaltyfineequal to the total value of thoseeach protected
tree or palmtreesillegally removed or damaged. The fine shall be $48.00 per
inch of DBH (or diameter of remaining stump), up to $5,000.00 per protected tree
or palm where it is found that the violation is irreparable or irreversible in nature.
The illegal removal of a Specimen tree is deemed to be an irreparable and
irreversible violation, subject to a fine of up to $15,000.00.as computed by the
International Society of Arboriculture shade tree value formula. Such sum shall
accrue to the city and may be recovered in a civil action brought by the city.
Such sum so collected shall be placed in a fund for the tree bank and shall be
expended for the purchase of trees for replacement in public properties within the
city; and/or
3.Replace illegally removed trees at the owner's expense. Such replacement will
be computed on an inch-for-inch basis according to the total inches of DBH (or
diameter of remaining stump)of all illegally removed trees; and
* * * * * * * * * *
Section 20.That Article 8, Definitions and Rules of Construction, Section 8-102,
Definitions, Community Development Code be amended to read as follows:
* * * * * * * * * *
Dwelling unit means a building or portion of a building providing independent living facilities for
one family including provision for living, sleeping, sanitationand complete kitchen facilities. A
dwelling unit located on residentially zoned property shall be used only for a residential use,
unless otherwise specified, and shall not be used or occupied in interval ownership, in fractional
ownership, or as a timesharing unit.
* * * * * * * * * *
Environmental park means a recreational areathat is typically dependent on natural resources
and a natural outdoor environment. Activities shall have little, if any, adverse impact on a site
and are compatible with natural and/or cultural resource protection. Uses include, but are not
limited to, picnicking, hiking on multipurpose trails and/or boardwalks, outdoor educational
15
nature studies, kayaking/canoeing and launch facilities for same, wildlife viewing, horseback
riding on trails, and/or fishing.
* * * * * * * * * *
Medical clinic means an establishment where patients, who are not lodged overnight, are
admitted for examination and treatment by two or more doctorspersons practicing any health
services to individuals, whether such persons be medical doctors, chiropractors, psychiatrists
psychologists, social workers, physical therapists, dentists or any such profession,the practice
of which is lawful in the state and in the city.This definition does not include a place for the
treatment of animals nor does it include psychologists, socialworkers, massage therapists, and
physical therapists.
* * * * * * * * * *
Protected tree means any nonhazardous tree other than a prohibited tree of four inches DBH or
greater.shade tree four inches DBH or greater, and any accent tree two inches DBH or greater,
and any tree or palm as part of an approved landscape plan, but excluding all hazardous and
prohibited trees.
* * * * * * * * * *
Section 21.Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 22.The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City’s Comprehensive Plan.
Section 23.Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 24.Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 25.This ordinance shall take effect immediately upon adoption.
16
PASSED ON FIRST READING ____________________________
AS AMENDED
PASSED ON SECOND ____________________________
READING
PASSED ON THIRD AND FINAL
READING ____________________________
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
________________________________________________________
Camilo Soto Rosemarie Call
Assistant City Attorney City Clerk
MOTION TO AMEND ORDINANCE NO. 8715-15ON FIRST READING
On page 1, amend the title of the ordinance to remove the following language:
AMENDING ARTICLE 4, SECTION 4-202, TO CHANGE THE NOTICE
RESPONSIBILITY, DISTANCE AND CONTENT FOR LEVELONE APPLICATIONS;
AMENDING ARTICLE 4, SECTION 4-206, TO CHANGE THE NOTICE
RESPONSIBILITY AND PROCEDURES FOR LEVEL TWO AND THREE
APPLICATIONS;
On page 12 through 14, delete Section 17 and Section 18, and renumber all
subsequent sections accordingly.
______________________________
Pamela K. Akin
City Attorney
May 21, 2015
MOTION TO AMEND ORDINANCE NO. 8715-15ON FIRST READING
On page 1, amend the title of the ordinance to remove the following language:
AMENDING ARTICLE 4, SECTION 4-202, TO CHANGE THE NOTICE
RESPONSIBILITY, DISTANCE AND CONTENT FOR LEVELONE APPLICATIONS;
AMENDING ARTICLE 4, SECTION 4-206, TO CHANGE THE NOTICE
RESPONSIBILITY AND PROCEDURES FOR LEVEL TWO AND THREE
APPLICATIONS;
On page 12 through 14, delete Section 17 and Section 18, and renumber all
subsequent sections accordingly.
______________________________
Pamela K. Akin
City Attorney
May 21, 2015
ORDINANCE NO. 8715-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AN AMENDMENT TO THE CODE OF ORDINANCES BY AMENDING
CHAPTER 1, SECTION 1.12, TO CORRECT REFERENCES;
AMENDING APPENDIX A -SCHEDULE OFFEES, RATES AND
CHARGES, XXVII, BUSINESS TAX, TO REMOVEERRONEOUS
INFORMATION; AND BY MAKING AMENDMENTS TO THE
COMMUNITY DEVELOPMENT CODE BYAMENDING ARTICLE 2,
CHART 2-100, TO ADD ENVIRONMENTAL PARKAS A PERMITTED
USE; AMENDING ARTICLE 2, SECTIONS 2-204, 2-304 AND 2-802, TO
ADD A FOOTNOTE PERTAINING TO NON-RESIDENTIAL OFF-
STREET PARKING LOTS; AMENDING ARTICLE 2, SECTIONS 2-703,
2-704, 2-802, 2-803, 2-902 AND 2-1303, TO MODIFY A CRITERION
FOR BREWPUBS AND/OR MICROBREWERIES; AMENDING ARTICLE
2, DIVISION 15, TO ADD ENVIRONMENTAL PARK AND OPEN SPACE
AS MINIMUM STANDARD DEVELOPMENT USES; AMENDING
ARTICLE 3, SECTION 3-804, TO INCREASE MAXIMUM FENCE
HEIGHT; AMENDING ARTICLE 3, SECTION 3-1406, TO MODIFY OFF-
STREET LOADING REQUIREMENTS; AMENDING ARTICLE 3,
SECTION 3-1409, TO ALLOW FOR A LOSS OF PARKING SPACES
WHEN ACCOMMODATING HANDICAP ACCESSIBLE PARKING
SPACES; AMENDING ARTICLE 3, SECTION 3-1805, TO MODIFY
ILLUMINATED SIGN STANDARDS; AMENDING ARTICLE4, SECTION
4-1202, TO MODIFY REQUIREMENTS PERTAINING TO THE
PREPARATION OF TREE INVENTORIES;AMENDING ARTICLE 6,
SECTION 6-102, TO PROVIDE AN EXCEPTION FOR AFFORDABLE
HOUSING;AMENDING ARTICLE 7, SECTION 7-103, TO MODIFY
LANGUAGE PERTAINING TO VIOLATIONS AND FINES; AMENDING
ARTICLE 8, SECTION 8-102, TO MODIFY THE DEFINITIONS FOR
DWELLING UNIT, MEDICAL CLINIC AND PROTECTED TREE, ADD
DEFINITIONS FOR ENVIRONMENTAL PARK; CERTIFYING
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND
PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City; and
WHEREAS, the City of Clearwater has determined where the Community Development
Code and Code of Ordinances needs clarification and revision; now therefore,
2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1.That Chapter 1, General Provisions, Section 1.12, General Penalty;
Enforcement of Civil Infractions; Continuing Violations, Code of Ordinances be amended to read
as follows:
Sec. 1.12. -General penalty; enforcement of civil infractions; continuing violations.
* * * * * * * * * *
(2)The ordinances contained in this CodeAny city ordinancemay be enforced through the
municipal code enforcement board pursuant to the procedures contained in chapter 2,
article III, division 9Article 7, Community Development Code.
(3)Except for the ordinances set forth in Chapter 6, Chapter 15, section 3-1508(Noise),
Chapter 21, Chapter 22, and Article 3, Division 3 (Adult Use Standards), the ordinances
contained in this Codeany city ordinancemay be enforced in accordance with the
following procedures:
* * * * * * * * * *
Section 2.That Appendix A, Schedule of Fees, Rates and Charges, XXVIII.,
Business Tax, Code of Ordinances be amended to read as follows:
APPENDIX A -SCHEDULE OF FEES, RATES AND CHARGES
* * * * * * * * * *
XXVIII.BUSINESS TAX:
Category No.Sub-Category No.Category Fee
* * * * * * * * * *
054.000 GUNS DEALER, includes repair (See note B and C, No
home occupation; requires federal firearms license)
140.10
* * * * * * * * * *
Notes:
A.Requires approval by the city council.
B.Requires city police department recommendation. The applicant shall complete a
background information report, executed under oath, and shall submit to a background
investigation, photograph, and fingerprints. The recommendation shall be based upon
the criteria set forth insection 29.41and shall include a statement of the facts upon
which the recommendation is based.
C.Requires approval by the Planning Department.
D.Requires inspection, approval or license of state or county authority.
NOC -Not otherwise classified.
* * * * * * * * * *
Section 3.That Article 2, Zoning Districts, Chart 2-100, Permitted Uses, Community
Development Code be amended to read as follows:
3
CHART 2-100 PERMITTED USES
Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD
Residential
Accessory dwellings X X X X X X
Attached dwellings X X X X X X X
Community residential homes X X X X X X X X
Detached dwellings X X X X X X X X
Mobile homes X
Mobile home parks X
Residential infill projects X X X X X X X
Nonresidential
Adult uses X X
Airport X
Alcoholic beverage sales X X X
Animal boarding X X X
Assisted living facilities X X X X
Automobile service stations X X
Bars X X X X
Brewpubs X X X
Cemeteries X
Community gardens X X X X X X X X
Comprehensive infill redevelopment
project (CIRP)X X X X X X X
Congregate care X X X X
Convention center X
Educational facilities X X X X
Environmental park X
Governmental uses X X X X X X
Halfway houses X
Hospitals X
Indoor recreation/entertainment X X X X
Light assembly X
Manufacturing X
Marinas X
Marinas and marina facilities X X X X
Medical clinic X X X X
Microbreweries X X
Mixed use X X X X
Nightclubs X X X X
Non-residential off-street parking X X X X
Nursing homes X X X X
Offices X X X X X X
Off-street parking X X
4
Open space X
Outdoor recreation/entertainment X X X X
Outdoor retail sales, display and/or
storage X
Outdoor storage X
Overnight accommodations X X X X X X X X
Parking garages and lots X X X X X X
Parks and recreation facilities X X X X X X X X X X X X
Places of worship X X X X
Planned medical campus X
Planned medical campus project X
Problematic uses X
Public facility X X
Publishing and printing X
Public transportation facilities X X X X X X X
Research and technology use X
Residential shelters X X
Resort Attached Dwellings X
Restaurants X X X X X X
Retail plazas X X X
Retail sales and services X X X X X X X X
RV parks X
Salvage yards X
Schools X X X X X X X X
Self-storage warehouse X X
Social and community centers X X X X
Social/public service agencies X X X X
Telecommunications towers X X X X X
TV/radio studios X X
Urban farms X
Utility/infrastructure facilities X X X X X X X X X X X X X X X
Vehicle sales/displays X X
Vehicle sales/displays, limited X X
Vehicle sales/displays, major X
Vehicle service X
Vehicle service, limited X
Vehicle service, major X
Veterinary offices X X X X
Wholesale/distribution/warehouse
facility X
Section 4.That Article 2, Zoning Districts, Division 2, Low Medium Density
Residential District, Section 2-204, Flexible Development, Community Development Code be
amended to read as follows:
5
Section 2-204. -Flexible development.
The following Level Two uses are permitted in the LMDR District subject to the standards and
criteria set out in this section and other applicable regulations in Article 3.
Table 2-204. "LMDR" District Flexible Development
Use Min. Lot
Size
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)Max.
Height
(ft.)
Min. Off-Street
ParkingFrontSideRear
(1)
Attached Dwellings 10,000 100 25 5 15 30 2/unit
Detached Dwellings 3,000-
5,000
25-50 15-
25
2-5 5-15 30 2/unit
Non-Residential Off-Street
Parking(3)
n/a n/a 25 10 10 n/a n/a
Parks and Recreation Facilities n/a n/a 35 20 25 30 1 per 20,000 SF
land area or as
determined by
the community
development
director based
on ITE Manual
standards
Residential Infill Projects (2)n/a n/a 10-
25
0-5 0-15 30 2/unit
Schools 40,000 200 35 25 15 30 1/3 students
(1)Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8,
Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the
parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The
Building Code may require the rear setback to be at least 18 feet from a seawall.
(2)The development standards for residential infill projects are guidelines and may be varied based on the
criteria specified in Section 2-204(E).
(3)Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous
like uses which exceed three acres shall require a land use plan map amendment to the appropriate land
use category.
* * * * * * * * * *
Section 5.That Article 2, Zoning Districts, Division 3, Medium Density Residential
District, Section 2-304, Flexible Development, Community Development Code be amended to
read as follows:
Section 2-304. -Flexible development.
The following Level Two uses are permitted in the MDR District subject to the standards and
criteria set out in this Section and other applicable regulations in Article 3.
Table 2-304. "MDR" District Flexible Development
Use Min. Lot
Size
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)Max.
Height
(ft.)
Min. Off-Street
ParkingFrontSideRear
(1)
Assisted Living Facilities 20,000 100 25 5 10 30—50 1 per 2
residents
6
Attached Dwellings 10,000 100 25 5 10 30—50 2/unit
Congregate Care 20,000 100 25 5 10 30—50 1 per 2
residents
Non-Residential Off-Street
Parking(3)n/a n/a 25 5 10 n/a n/a
Overnight Accommodations 20,000 100 25 5 10 30—50 1/unit
Parks and Recreational
Facilities n/a n/a 35 20 25 30
1 per 20,000 SF
land area or as
determined by
the community
development
director based
on ITE Manual
standards
Residential Infill Projects(2)n/a n/a 10—
25 0—5 0—
10 30—50 2/unit
(1)The Building Code may require the rear setback to be as least 18 feet from any seawall.
(2)The development standards for residential infill projects are guidelines and may be varied based on the
criteria specified in Section 3-304(G).
(3)Non-residential parking lots shall not exceed three acres. Any such use, alone or whenadded to contiguous
like uses which exceed three acres shall require a land use plan map amendment to the appropriate land
use category.
* * * * * * * * * *
Section 6.That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
703, Flexible Standard Development, Community Development Code be amended to read as
follows:
Section 2-703. -Flexible standard development.
The following uses are Level One permitted uses in the "C" District subject to the standards and
criteria set out in this Section and other applicable provisions of Article 3.
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * * *
F.Brewpubs.
* * * * * * * * * *
2.Any overhead loadingdoors shall be located perpendicular to the abutting streets
and screened fromadjacent properties by landscaped walls or fences.
* * * * * * * * * *
K.Microbreweries.
* * * * * * * * * *
4.Any overhead loadingdoors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls orfences.
* * * * * * * * * *
7
Section 7.That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
704, Flexible Development, Community Development Code be amended to read as follows:
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * * *
D.Brewpubs.
* * * * * * * * * *
2.Any overhead loadingdoors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
J.Microbreweries.
* * * * * * * * * *
4.Any overhead loadingdoors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 8.That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-802,
Flexible Standard Development, Community Development Code be amended to read as
follows:
Section 2-802. -Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the standards and
criteria set out in this section and other applicable provisions of Article 3.
Table 2-802. "T" District Flexible Standard Development Standards
Use1 Min. Lot
Area
(sq. ft.)
Min. Lot
Width
(ft.)
Max.
Height1
(ft.)
Min. Setbacks (ft.) 1 Min. Off-Street
ParkingMin.
Front
(ft.)
Min.
Side
(ft.)
Min.
Rear
(ft.)
Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit
Alcoholic Beverage Sales 5,000 50 35 10—
15
10 20 5 per 1,000
GFA
Attached Dwellings(6)10,000 100 35—50 10—
15
10 10—
20
2 per unit
Bars 5,000 50 35 15 10 20 10 per 1,000
GFA
Brewpubs 5,000—
10,000
50—100 35—50 0—15 0—10 10—
20
1.5/1,000 GFA
dedicated to
brewery
operations and
support
services; and 7-
12/1,000 GFA
for all other use
area
Governmental Uses(2)10,000 100 35—50 10—
15
0—10 10—
20
3—4/1,000 GFA
Indoor
Recreation/Entertainment
5,000 50 35—50 0—15 0—10 20 10 per 1,000
GFA
Medical Clinic 10,000 100 35—50 10—
15
10 20 5/1,000 GFA
8
Mixed Use 5,000—
10,000
50—100 35—50 0—15 0—10 10—
20
Based upon
specific use
requirements
Nightclubs 5,000 50 35 15 10 20 10 per 1,000
GFA
Non-Residential Off-Street
Parking(7)
n/a n/a n/a 25 5 10 n/a
Offices 5,000—
10,000
50—100 35—50 0—15 0—10 10—
20
3/1,000 SF GFA
Outdoor
Recreation/Entertainment
5,000 50 35 10—
15
10 20 2.5 spaces per
1,000 sq. ft. of
lot area or as
determined by
the community
development
director based
on ITE Manual
standards
Overnight Accommodations 20,000 100—
150
35—50 10—
15
0—10 10—
20
1.2 per unit
Parking Garages and Lots 20,000 100 50 15—
25
10 10—
20
n/a
Parks and Recreation Facilities n/a n/a 50 25 10 20 1 per 20,000 SF
land area or as
determined by
the community
development
coordinator
based on ITE
Manual
standards
Public Transportation
Facilities(3)
n/a n/a 10 n/a n/a n/a n/a
Resort Attached Dwellings(6)10,000 100 35—50 10—
15
10 10—
20
1.5 per unit
Restaurants 5,000—
10,000
50—100 35—50 0—15 0—10 10—
20
7—12 spaces
per 1,000
GFA(5)
Retail Plazas 15,000 100 35—50 0—15 0—10 10—
20
4 spaces per
1,000 GFA
Retail Sales and Services 5,000—
10,000
50—100 35 -50 0—15 0—10 10—
20
4—5 spaces per
1,000 GFA(5)
Social and Community Center 5,000—
10,000
50—100 35—50 10—
15
0—10 10—
20
4—5 spaces per
1,000 GFA
Utility/Infrastructure Facilities(4)n/a n/a n/a 25 10 10 n/a
* * * * * * * * * *
(7)Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous
like uses which exceed three acres shall require a land use plan map amendment to the appropriate land
use category.
Flexibility criteria:
* * * ** * * * * *
E.Brewpubs.
* * * * * * * * * *
2.Any overhead loadingdoors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
9
* * * * * * * * * *
Section 9.That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-803,
Flexible Development, Community Development Code be amended to read as follows:
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * * *
E.Brewpubs.
* * * * * * * * * *
2.Any overhead loadingdoors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 10.That Article 2, Zoning Districts, Division 9, Downtown District, Section 2-
902, Flexible Standard Development, Community Development Code be amended to read as
follows:
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * * *
E. Brewpubs.
* * * * * * * * * *
2.Any overhead loadingdoors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 11.That Article 2, Zoning Districts, Division 13, Industrial Research and
Technology (IRT) District, Section 2-1303, Community Development Code be amended to read
as follows:
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * * *
E.Microbreweries.
* * * * * * * * * *
3.Any overheadloadingdoors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 12.That Article 2, Zoning Districts, Division 15, Preservation District,
Community Development Code be amended to read as follows:
* * * * * * * * * *
Section 2-1502. -Flexible standard development.
10
Section 2-1502. –Minimum standard development.
The following uses are Level Onepermitted uses in the P District subject to the minimum
standards set out in this section and other applicable provisions of Article 3.
Table 2-1502. "P" District Minimum Standard Development Standards
Use Min. Lot
Size
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)Max.
Height
(ft.)
Min. Off-Street
ParkingFrontSideRear
Environmental Park n/a n/a n/a n/a n/a n/a 1 per 40,000 SF
land area
Section 2-1503. -Flexible standard development.
The following uses are Level One permitted uses in the Preservation District subject to the
minimum standards set out in this section and other applicable provisions of Article 3.
* * * * * * * * * *
Section 13.That Article 3, Development Standards, Division 8, Fences and Walls,
Section 3-804, Height Requirements, Community Development Code be amended to read as
follows:
Section 3-804. -Height requirements.
The following height requirements shall apply to all fences, and walls, except chain link fences.
A.Front. Walls and fences located in front of a principal structure shall be permitted to a
maximum height of 3648inches with the following exceptions:
* * * * * * * * * *
Section 14.That Article 3, Development Standards, Division 14, Parking and Loading,
Section 3-1406, Off-Street Loading and Vehicle Stacking Spaces, Community Development
Code be amended to read as follows:
Section 3-1406. -Off-street loading and vehicle stacking spaces.
A.Off-street loading:
* * * * * * * * * *
2.Guidelines: The following table sets forth the guidelines to be used in determining
the adequacy of off-street loading for all proposed development, except for such
development within the Downtown (D) and Tourist (T) districts where such
facilities are not required:
Use or Use Category:Gross Floor Area (in square
feet) or Units
Loading Spaces Required
IndustrialLight assembly,
manufacturing,
microbreweries, research and
technology, and wholesale/
distribution/ warehouse facility
5,000—15,000 sq. ft.
15,001—50,000sq. ft.
50,001—100,000 sq. ft.
Each additional 100,000 sq. ft.
One space
Two spaces
Three spaces
One additional space
Offices 8,000—20,000 sq. ft.
20,001—100,000 sq. ft.
One space
Two spaces
11
More than 100,000 sq. ft.Three spaces
Overnight accommodations not
associated with restaurants,
meeting/conference rooms or
other similar facility
N/A None
Overnight accommodations
associated with restaurants,
meeting / conference rooms or
other similar facility
N/A One space
Brewpubs,Retail sales and
service, and restaurants
6,000—20,000 sq. ft.
20,001—100,000 sq. ft.
Each additional 50,000 sq. ft.
One space
Two spaces
One additional space
* * * * * * * * * *
Section 15.That Article 3, Development Standards, Division 14, Parking and Loading,
Section 3-1409, Handicapped Parking Spaces, Community Development Code be amended to
read as follows:
Section 3-1409. -Handicapped parking spaces.
A.All new or expanded uses shallbe provided with handicapped parking spaces based
upon the number of spaces required to serve the new or expanded use, as follows:
Total Spaces Required in Parking Lot Number of Handicapped Spaces
1 –25 1
26 –50 2
51 –75 3
76 –100 4
101 –150 5
151 –200 6
201 –300 7
301 –400 8
401 –500 9
501 –1,000 2 percent of total
Over 1,000 20 plus 1 for each 100 over 1,000
All handicapped parking spaces shall be conspicuously outlined in blue paint and posted
and maintained with permanent above-grade signs of a color and design consistent with
standards established by the Florida Department of Transportation, bearing the
international symbol of accessibility and the caption "PARKING BY DISABLED PERMIT
ONLY". The required number of handicapped parking spaces shall be included in the
total number of parking spaces required for the new or expanded use. All handicapped
parking spaces shall be designed and located in accordance with the standards set forth
in F.S. § 316.1955(3), as may be amendedfrom time to time.
B.For those properties that are currently developed, but are not in compliance with the
above requirements, the number of off-street parking spaces may be reduced below the
quantity which would otherwise be required pursuant to Article2 as part of a Level One
(minimum standard) approvalin order to achieve compliance with Section 3-1409.A.,
above. Under no circumstances shall the number of off-street parking spaces being
reduced be greater than the minimum necessary to achieve compliance.
* * * * * * * * * *
12
Section 16.That Article 3, Development Standards, Division 18, Signs, Section 3-
1805, Community Development Code, be amended to read as follows:
Section 3-1805. -General standards.
* * * * * * * * * *
C.Illuminated signs.
* * * * * * * * * *
5.The light which illuminates a sign shall be shaded, shielded, or directed so that
no structure, including sign supports or awnings, are illuminated by such lighting.
The above shall not be construed so as to prohibit an awning with signage from
being externally illuminated.
* * * * * * * * * *
Section 17.That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-1202, Removal Permit -Application, Community Development
Code be amended to read as follows:
Section 4-1202. -Removal permit–Application.
Any person who is required by this division to obtain a permit to remove a tree or palm shall
make written application to the community development coordinator on application forms to be
provided, accompanied by the fee required by Section 4-202(E) and including the following
documentation:
A.Requirements for multi-family and all non-residential properties, and subdivisions.
1.A site plan showing the location of all protected trees and palms by size, canopy
and species, distinguishing the tree or trees proposed to be removed, the scaled
location of proposed tree barricades, existing and proposed structures, walks,
driveways, andparking areas and other improvements.
2.A tree inventory, prepared by a certified arborist, of allshadetrees four inches
DBH and greater,accent trees two inches DBH and greater, and any other tree
as part of an approved landscape planspecifying the size, canopy, and condition
of such trees.
* * * * * * * * * *
Section 18.That Article 6, Nonconformity Provisions, Section 6-102, Nonconforming
Structures, Community Development Code be amended to read as follows:
Section 6-102. -Nonconforming structures.
* * * * * * * * * *
13
B.Normal repair and maintenance, such as painting, cleaning, and repairing of same
nonconformity may be performed on nonconforming structures. However,
nonconforming structures shall be made to fully comply with the provisions of this Code,
provided the cost of repair of any structure or improvement at any time exceeds 50
percent of the assessed value of the entire structure. Assessed value shall be
determined by reference to the official property tax assessmentrolls for the year the
structure or site improvement is destroyed or damaged.
* * * * * * * * * *
D.Any part of a nonconforming structure which is destroyed or damaged to the extent of
less than 50 percent of the assessed value of the entire structure may be repaired or
restored if a complete and legally sufficient application for all required permits torepair
or restore the damage is submitted within six months of the date of the damage. Any
nonconforming structure which is destroyed or damaged to 50 percent or more of the
assessed value may be repaired or restored only if the structure conforms to the
standards of this Development Code for the zoning district in which it is located.
Assessed value shall be determined by reference to the official property tax assessment
rolls for the year the structure is destroyed or damaged. The extent of damage or
destruction shall be determined by the building official by comparing the estimated cost
of repairs or restoration with the assessed value.
* * * * * * * * * *
F.Exemption: Any nonconforming structure that is used for affordable housingmay be
exempted from subsections B or D, above, subject to approval of a Level One (flexible
standard) application, and provided that the following criteria are satisfied:
1.The exemptionwill only apply to a bona fide affordable housing project as
verified by the City’s Economic Development & Housing Department;and
2.The exemptionwill not apply to a structure in any area of special flood hazard
which is not elevated or flood-proofed to National Flood Insurance Program
standards, as set forth in 44 CFR59 and 60;and
3.The exemptionwill not be contrary to the public interest;and
4.The exemptionwill not be contrary to the Florida Building Code or related
requirements to protect public safety;and
5.The exemptionwould have the effect of reducing the number of nonconforming
features of the structure or site or of reducing the degree of nonconformity of one
or more non-conforming feature(s) of the structure or site; and
6.The repair, alteration, or enlargement of the nonconforming structure would
provide for affordable housing consistent with the required covenants to maintain
affordability as set forthin Section3-920.A.4.
Section 19.That Article 7, Enforcement Proceedings and Penalties, Section 7-103,
Remedies; Penalties, Community Development Code be amended to read as follows:
Section 7-103. -Remedies; penalties.
* * * * * * * * * *
14
B.Fines. Upon being notified by the code inspector that an order issued by the special
master or municipal code enforcement board has not been complied with within the time
established in such order or upon finding that a repeat violation has been committed, the
special master or municipal code enforcement board shall order the violator to pay a fine
to the city for each day the violation continues past the compliance date established in
its order or, in the case of a repeat violation, for each day the repeat violation continues,
beginning with the date of the issuance of the notice of violationthe repeat violation is
found to have occurred by the code inspector. Any fine the special master or municipal
code enforcement board imposes pursuant to this section shall not exceed $250.00 per
day for a first violation or $500.00 per day for a repeat violation. If the municipal code
enforcement board finds aviolation to be irreparable or irreversible in nature, it may
impose a fine not to exceed $5,000.00 per violation.
* * * * * * * * * *
D.Restoration of landscaping/trees. In addition to the penalties provided in Chapter 1,
Section 1.12 of the City of Clearwater's Code of Ordinances, any person who violates
any provision of Article 3 Division 12 shall be required, as applicable, to:
1.Restore the vegetative buffer to itsnatural state; or
2.Pay to the city a civil penaltyfineequal to the total value of thoseeach protected
tree or palmtreesillegally removed or damaged. The fine shall be $48.00 per
inch of DBH (or diameter of remaining stump),up to $5,000.00 per protected tree
or palm where it is found that the violation is irreparable or irreversible in nature.
The illegal removal of a Specimen tree is deemed to be an irreparable and
irreversible violation, subject to a fine of up to $15,000.00.as computed by the
International Society of Arboriculture shade tree value formula. Such sum shall
accrue to the city and may be recovered in a civil action brought by the city.
Such sum so collected shall be placed in a fund for the tree bank and shall be
expended for the purchase of trees for replacement in public properties within the
city; and/or
3.Replace illegally removed trees at the owner's expense. Such replacement will
be computed on an inch-for-inch basis according to the total inches of DBH (or
diameter of remaining stump)of all illegally removed trees; and
* * * * * * * * * *
Section 20.That Article 8, Definitions and Rules of Construction, Section 8-102,
Definitions, Community Development Code be amended to read as follows:
* * ** * * * * * *
Dwelling unit means a building or portion of a building providing independent living facilities for
one family including provision for living, sleeping, sanitationand complete kitchen facilities. A
dwelling unit located on residentially zoned property shall be used only for a residential use,
unless otherwise specified, and shall not be used or occupied in interval ownership, in fractional
ownership, or as a timesharing unit.
* * * * * * * * * *
Environmental park means a recreational areathat is typically dependent on natural resources
and a natural outdoor environment. Activities shall have little, if any, adverse impact on a site
and are compatible with natural and/or cultural resource protection. Uses include, but are not
limited to, picnicking, hiking on multipurpose trails and/or boardwalks, outdoor educational
15
nature studies, kayaking/canoeing and launch facilities for same, wildlife viewing, horseback
riding on trails, and/or fishing.
* * * * * * * * * *
Medical clinic means an establishment where patients, who are not lodged overnight, are
admitted for examination and treatment by two or more doctorspersons practicing any health
services to individuals, whether such persons be medical doctors, chiropractors, psychiatrists
psychologists, social workers, physical therapists, dentists or any such profession,the practice
of which is lawful in the state and in the city.This definition does not include a place for the
treatment of animals nor does it include psychologists, socialworkers, massage therapists, and
physical therapists.
* * * * * * * * * *
Protected tree means any nonhazardous tree other than a prohibited tree of four inches DBH or
greater.shadetree four inches DBH or greater, and any accent tree two inches DBH or greater,
and any tree or palm as part of an approved landscape plan, but excluding all hazardous and
prohibited trees.
* * * * * * * * * *
Section 21.Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 22.The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City’s Comprehensive Plan.
Section 23.Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 24.Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 25.This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING ____________________________
AS AMENDED
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
________________________________________________________
16
Camilo Soto Rosemarie Call
Assistant City Attorney City Clerk
ORDINANCE NO. 8715-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AN AMENDMENT TO THE CODE OF ORDINANCES BY AMENDING
CHAPTER 1, SECTION 1.12, TO CORRECT REFERENCES;
AMENDING APPENDIX A - SCHEDULE OF FEES, RATES AND
CHARGES, XXVII, BUSINESS TAX, TO REMOVE ERRONEOUS
INFORMATION; AND BY MAKING AMENDMENTS TO THE
COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2,
CHART 2-100, TO ADD ENVIRONMENTAL PARK AS A PERMITTED
USE; AMENDING ARTICLE 2, SECTIONS 2-204, 2-304 AND 2-802, TO
ADD A FOOTNOTE PERTAINING TO NON-RESIDENTIAL OFF-
STREET PARKING LOTS; AMENDING ARTICLE 2, SECTIONS 2-703,
2-704, 2-802, 2-803, 2-902 AND 2-1303, TO MODIFY A CRITERION
FOR BREWPUBS AND/OR MICROBREWERIES; AMENDING ARTICLE
2, DIVISION 15, TO ADD ENVIRONMENTAL PARK AND OPEN SPACE
AS MINIMUM STANDARD DEVELOPMENT USES; AMENDING
ARTICLE 3, SECTION 3-804, TO INCREASE MAXIMUM FENCE
HEIGHT; AMENDING ARTICLE 3, SECTION 3-1406, TO MODIFY OFF-
STREET LOADING REQUIREMENTS; AMENDING ARTICLE 3,
SECTION 3-1409, TO ALLOW FOR A LOSS OF PARKING SPACES
WHEN ACCOMMODATING HANDICAP ACCESSIBLE PARKING
SPACES; AMENDING ARTICLE 3, SECTION 3-1805, TO MODIFY
ILLUMINATED SIGN STANDARDS; AMENDING ARTICLE 4, SECTION
4-202, TO CHANGE THE NOTICE RESPONSIBILITY, DISTANCE AND
CONTENT FOR LEVEL ONE APPLICATIONS; AMENDING ARTICLE 4,
SECTION 4-206, TO CHANGE THE NOTICE RESPONSIBILITY AND
PROCEDURES FOR LEVEL TWO AND THREE APPLICATIONS;
AMENDING ARTICLE 4, SECTION 4-1202, TO MODIFY
REQUIREMENTS PERTAINING TO THE PREPARATION OF TREE
INVENTORIES; AMENDING ARTICLE 6, SECTION 6-102, TO PROVIDE
AN EXCEPTION FOR AFFORDABLE HOUSING; AMENDING ARTICLE
7, SECTION 7-103, TO MODIFY LANGUAGE PERTAINING TO
VIOLATIONS AND FINES; AMENDING ARTICLE 8, SECTION 8-102, TO
MODIFY THE DEFINITIONS FOR DWELLING UNIT, MEDICAL CLINIC
AND PROTECTED TREE, ADD DEFINITIONS FOR ENVIRONMENTAL
PARK; CERTIFYING CONSISTENCY WITH THE CITY’S
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, public notice for private development applications is currently provided at
the cost of the public, the City of Clearwater finds it to be desirable that the applicant become
responsible for the provision of public notice for development applications; and
2
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City; and
WHEREAS, the City of Clearwater has determined where the Community Development
Code and Code of Ordinances needs clarification and revision; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Chapter 1, General Provisions, Section 1.12, General Penalty;
Enforcement of Civil Infractions; Continuing Violations, Code of Ordinances be amended to read
as follows:
Sec. 1.12. - General penalty; enforcement of civil infractions; continuing violations.
* * * * * * * * * *
(2) The ordinances contained in this Code Any city ordinance may be enforced through the
municipal code enforcement board pursuant to the procedures contained in chapter 2,
article III, division 9 Article 7, Community Development Code.
(3) Except for the ordinances set forth in Chapter 6, Chapter 15, section 3-1508 (Noise),
Chapter 21, Chapter 22, and Article 3, Division 3 (Adult Use Standards), the ordinances
contained in this Code any city ordinance may be enforced in accordance with the
following procedures:
* * * * * * * * * *
Section 2. That Appendix A, Schedule of Fees, Rates and Charges, XXVIII.,
Business Tax, Code of Ordinances be amended to read as follows:
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
* * * * * * * * * *
XXVIII. BUSINESS TAX:
Category No. Sub-Category No. Category Fee
* * * * * * * * * *
054.000 GUNS DEALER, includes repair (See note B and C, No
home occupation; requires federal firearms license)
140.10
* * * * * * * * * *
Notes:
A. Requires approval by the city council.
B. Requires city police department recommendation. The applicant shall complete a
background information report, executed under oath, and shall submit to a background
investigation, photograph, and fingerprints. The recommendation shall be based upon
the criteria set forth in section 29.41 and shall include a statement of the facts upon
which the recommendation is based.
C. Requires approval by the Planning Department.
3
D. Requires inspection, approval or license of state or county authority.
NOC - Not otherwise classified.
* * * * * * * * * *
Section 3. That Article 2, Zoning Districts, Chart 2-100, Permitted Uses, Community
Development Code be amended to read as follows:
CHART 2-100 PERMITTED USES
Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD
Residential
Accessory dwellings X X X X X X
Attached dwellings X X X X X X X
Community residential homes X X X X X X X X
Detached dwellings X X X X X X X X
Mobile homes X
Mobile home parks X
Residential infill projects X X X X X X X
Nonresidential
Adult uses X X
Airport X
Alcoholic beverage sales X X X
Animal boarding X X X
Assisted living facilities X X X X
Automobile service stations X X
Bars X X X X
Brewpubs X X X
Cemeteries X
Community gardens X X X X X X X X
Comprehensive infill redevelopment
project (CIRP) X X X X X X X
Congregate care X X X X
Convention center X
Educational facilities X X X X
Environmental park X
Governmental uses X X X X X X
Halfway houses X
Hospitals X
Indoor recreation/entertainment X X X X
Light assembly X
Manufacturing X
Marinas X
Marinas and marina facilities X X X X
Medical clinic X X X X
4
Microbreweries X X
Mixed use X X X X
Nightclubs X X X X
Non-residential off-street parking X X X X
Nursing homes X X X X
Offices X X X X X X
Off-street parking X X
Open space X
Outdoor recreation/entertainment X X X X
Outdoor retail sales, display and/or
storage X
Outdoor storage X
Overnight accommodations X X X X X X X X
Parking garages and lots X X X X X X
Parks and recreation facilities X X X X X X X X X X X X
Places of worship X X X X
Planned medical campus X
Planned medical campus project X
Problematic uses X
Public facility X X
Publishing and printing X
Public transportation facilities X X X X X X X
Research and technology use X
Residential shelters X X
Resort Attached Dwellings X
Restaurants X X X X X X
Retail plazas X X X
Retail sales and services X X X X X X X X
RV parks X
Salvage yards X
Schools X X X X X X X X
Self-storage warehouse X X
Social and community centers X X X X
Social/public service agencies X X X X
Telecommunications towers X X X X X
TV/radio studios X X
Urban farms X
Utility/infrastructure facilities X X X X X X X X X X X X X X X
Vehicle sales/displays X X
Vehicle sales/displays, limited X X
Vehicle sales/displays, major X
Vehicle service X
Vehicle service, limited X
Vehicle service, major X
Veterinary offices X X X X
5
Wholesale/distribution/warehouse
facility X
Section 4. That Article 2, Zoning Districts, Division 2, Low Medium Density
Residential District, Section 2-204, Flexible Development, Community Development Code be
amended to read as follows:
Section 2-204. - Flexible development.
The following Level Two uses are permitted in the LMDR District subject to the standards and
criteria set out in this section and other applicable regulations in Article 3.
Table 2-204. "LMDR" District Flexible Development
Use Min. Lot
Size
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.) Max.
Height
(ft.)
Min. Off-Street
Parking Front Side Rear
(1)
Attached Dwellings 10,000 100 25 5 15 30 2/unit
Detached Dwellings 3,000-
5,000
25-50 15-
25
2-5 5-15 30 2/unit
Non-Residential Off-Street
Parking (3)
n/a n/a 25 10 10 n/a n/a
Parks and Recreation Facilities n/a n/a 35 20 25 30 1 per 20,000 SF
land area or as
determined by
the community
development
director based
on ITE Manual
standards
Residential Infill Projects (2) n/a n/a 10-
25
0-5 0-15 30 2/unit
Schools 40,000 200 35 25 15 30 1/3 students
(1) Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8,
Section 3-805 and Division 9, Section 3-904 and except where adjacent structures on either side of the
parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The
Building Code may require the rear setback to be at least 18 feet from a seawall.
(2) The development standards for residential infill projects are guidelines and may be varied based on the
criteria specified in Section 2-204(E).
(3) Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous
like uses which exceed three acres shall require a land use plan map amendment to the appropriate land
use category.
* * * * * * * * * *
Section 5. That Article 2, Zoning Districts, Division 3, Medium Density Residential
District, Section 2-304, Flexible Development, Community Development Code be amended to
read as follows:
Section 2-304. - Flexible development.
6
The following Level Two uses are permitted in the MDR District subject to the standards and
criteria set out in this Section and other applicable regulations in Article 3.
Table 2-304. "MDR" District Flexible Development
Use Min. Lot
Size
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.) Max.
Height
(ft.)
Min. Off-Street
Parking Front Side Rear
(1)
Assisted Living Facilities 20,000 100 25 5 10 30—50 1 per 2
residents
Attached Dwellings 10,000 100 25 5 10 30—50 2/unit
Congregate Care 20,000 100 25 5 10 30—50 1 per 2
residents
Non-Residential Off-Street
Parking (3) n/a n/a 25 5 10 n/a n/a
Overnight Accommodations 20,000 100 25 5 10 30—50 1/unit
Parks and Recreational
Facilities n/a n/a 35 20 25 30
1 per 20,000 SF
land area or as
determined by
the community
development
director based
on ITE Manual
standards
Residential Infill Projects(2) n/a n/a 10—
25 0—5 0—
10 30—50 2/unit
(1) The Building Code may require the rear setback to be as least 18 feet from any seawall.
(2) The development standards for residential infill projects are guidelines and may be varied based on the
criteria specified in Section 3-304(G).
(3) Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous
like uses which exceed three acres shall require a land use plan map amendment to the appropriate land
use category.
* * * * * * * * * *
Section 6. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
703, Flexible Standard Development, Community Development Code be amended to read as
follows:
Section 2-703. - Flexible standard development.
The following uses are Level One permitted uses in the "C" District subject to the standards and
criteria set out in this Section and other applicable provisions of Article 3.
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * * *
F. Brewpubs.
* * * * * * * * * *
2. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
7
K. Microbreweries.
* * * * * * * * * *
4. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 7. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
704, Flexible Development, Community Development Code be amended to read as follows:
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * * *
D. Brewpubs.
* * * * * * * * * *
2. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
J. Microbreweries.
* * * * * * * * * *
4. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 8. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-802,
Flexible Standard Development, Community Development Code be amended to read as
follows:
Section 2-802. - Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the standards and
criteria set out in this section and other applicable provisions of Article 3.
Table 2-802. "T" District Flexible Standard Development Standards
Use1 Min. Lot
Area
(sq. ft.)
Min. Lot
Width
(ft.)
Max.
Height1
(ft.)
Min. Setbacks (ft.) 1 Min. Off-Street
Parking Min.
Front
(ft.)
Min.
Side
(ft.)
Min.
Rear
(ft.)
Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit
Alcoholic Beverage Sales 5,000 50 35 10—
15
10 20 5 per 1,000
GFA
Attached Dwellings(6) 10,000 100 35—50 10—
15
10 10—
20
2 per unit
Bars 5,000 50 35 15 10 20 10 per 1,000
GFA
Brewpubs 5,000—
10,000
50—100 35—50 0—15 0—10 10—
20
1.5/1,000 GFA
dedicated to
brewery
operations and
support
services; and 7-
12/1,000 GFA
8
for all other use
area
Governmental Uses(2) 10,000 100 35—50 10—
15
0—10 10—
20
3—4/1,000 GFA
Indoor
Recreation/Entertainment
5,000 50 35—50 0—15 0—10 20 10 per 1,000
GFA
Medical Clinic 10,000 100 35—50 10—
15
10 20 5/1,000 GFA
Mixed Use 5,000—
10,000
50—100 35—50 0—15 0—10 10—
20
Based upon
specific use
requirements
Nightclubs 5,000 50 35 15 10 20 10 per 1,000
GFA
Non-Residential Off-Street
Parking (7)
n/a n/a n/a 25 5 10 n/a
Offices 5,000—
10,000
50—100 35—50 0—15 0—10 10—
20
3/1,000 SF GFA
Outdoor
Recreation/Entertainment
5,000 50 35 10—
15
10 20 2.5 spaces per
1,000 sq. ft. of
lot area or as
determined by
the community
development
director based
on ITE Manual
standards
Overnight Accommodations 20,000 100—
150
35—50 10—
15
0—10 10—
20
1.2 per unit
Parking Garages and Lots 20,000 100 50 15—
25
10 10—
20
n/a
Parks and Recreation Facilities n/a n/a 50 25 10 20 1 per 20,000 SF
land area or as
determined by
the community
development
coordinator
based on ITE
Manual
standards
Public Transportation
Facilities(3)
n/a n/a 10 n/a n/a n/a n/a
Resort Attached Dwellings(6) 10,000 100 35—50 10—
15
10 10—
20
1.5 per unit
Restaurants 5,000—
10,000
50—100 35—50 0—15 0—10 10—
20
7—12 spaces
per 1,000
GFA(5)
Retail Plazas 15,000 100 35—50 0—15 0—10 10—
20
4 spaces per
1,000 GFA
Retail Sales and Services 5,000—
10,000
50—100 35 - 50 0—15 0—10 10—
20
4—5 spaces per
1,000 GFA(5)
Social and Community Center 5,000—
10,000
50—100 35—50 10—
15
0—10 10—
20
4—5 spaces per
1,000 GFA
Utility/Infrastructure Facilities(4) n/a n/a n/a 25 10 10 n/a
* * * * * * * * * *
(7) Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous
like uses which exceed three acres shall require a land use plan map amendment to the appropriate land
use category.
9
Flexibility criteria:
* * * * * * * * * *
E. Brewpubs.
* * * * * * * * * *
2. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 9. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-803,
Flexible Development, Community Development Code be amended to read as follows:
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * * *
E. Brewpubs.
* * * * * * * * * *
2. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 10. That Article 2, Zoning Districts, Division 9, Downtown District, Section 2-
902, Flexible Standard Development, Community Development Code be amended to read as
follows:
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * * *
E. Brewpubs.
* * * * * * * * * *
2. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 11. That Article 2, Zoning Districts, Division 13, Industrial Research and
Technology (IRT) District, Section 2-1303, Community Development Code be amended to read
as follows:
* * * * * * * * * *
Flexibility criteria:
* * * * * * * * * *
E. Microbreweries.
* * * * * * * * * *
3. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
10
Section 12. That Article 2, Zoning Districts, Division 15, Preservation District,
Community Development Code be amended to read as follows:
* * * * * * * * * *
Section 2-1502. - Flexible standard development.
Section 2-1502. – Minimum standard development.
The following uses are Level One permitted uses in the P District subject to the minimum
standards set out in this section and other applicable provisions of Article 3.
Table 2-1502. "P" District Minimum Standard Development Standards
Use Min. Lot
Size
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.) Max.
Height
(ft.)
Min. Off-Street
Parking Front Side Rear
Environmental Park n/a n/a n/a n/a n/a n/a 1 per 40,000 SF
land area
Section 2-1503. - Flexible standard development.
The following uses are Level One permitted uses in the Preservation District subject to the
minimum standards set out in this section and other applicable provisions of Article 3.
* * * * * * * * * *
Section 13. That Article 3, Development Standards, Division 8, Fences and Walls,
Section 3-804, Height Requirements, Community Development Code be amended to read as
follows:
Section 3-804. - Height requirements.
The following height requirements shall apply to all fences, and walls, except chain link fences.
A. Front. Walls and fences located in front of a principal structure shall be permitted to a
maximum height of 36 48 inches with the following exceptions:
* * * * * * * * * *
Section 14. That Article 3, Development Standards, Division 14, Parking and Loading,
Section 3-1406, Off-Street Loading and Vehicle Stacking Spaces, Community Development
Code be amended to read as follows:
Section 3-1406. - Off-street loading and vehicle stacking spaces.
A. Off-street loading:
* * * * * * * * * *
2. Guidelines: The following table sets forth the guidelines to be used in determining
the adequacy of off-street loading for all proposed development, except for such
development within the Downtown (D) and Tourist (T) districts where such
facilities are not required:
Use or Use Category: Gross Floor Area (in square Loading Spaces Required
11
feet) or Units
Industrial Light assembly,
manufacturing,
microbreweries, research and
technology, and wholesale/
distribution/ warehouse facility
5,000—15,000 sq. ft.
15,001—50,000 sq. ft.
50,001—100,000 sq. ft.
Each additional 100,000 sq. ft.
One space
Two spaces
Three spaces
One additional space
Offices 8,000—20,000 sq. ft.
20,001—100,000 sq. ft.
More than 100,000 sq. ft.
One space
Two spaces
Three spaces
Overnight accommodations not
associated with restaurants,
meeting/conference rooms or
other similar facility
N/A None
Overnight accommodations
associated with restaurants,
meeting / conference rooms or
other similar facility
N/A One space
Brewpubs, Retail sales and
service, and restaurants
6,000—20,000 sq. ft.
20,001—100,000 sq. ft.
Each additional 50,000 sq. ft.
One space
Two spaces
One additional space
* * * * * * * * * *
Section 15. That Article 3, Development Standards, Division 14, Parking and Loading,
Section 3-1409, Handicapped Parking Spaces, Community Development Code be amended to
read as follows:
Section 3-1409. - Handicapped parking spaces.
A. All new or expanded uses shall be provided with handicapped parking spaces based
upon the number of spaces required to serve the new or expanded use, as follows:
Total Spaces Required in Parking Lot Number of Handicapped Spaces
1 – 25 1
26 – 50 2
51 – 75 3
76 – 100 4
101 – 150 5
151 – 200 6
201 – 300 7
301 – 400 8
401 – 500 9
501 – 1,000 2 percent of total
Over 1,000 20 plus 1 for each 100 over 1,000
All handicapped parking spaces shall be conspicuously outlined in blue paint and posted
and maintained with permanent above-grade signs of a color and design consistent with
standards established by the Florida Department of Transportation, bearing the
international symbol of accessibility and the caption "PARKING BY DISABLED PERMIT
ONLY". The required number of handicapped parking spaces shall be included in the
total number of parking spaces required for the new or expanded use. All handicapped
parking spaces shall be designed and located in accordance with the standards set forth
in F.S. § 316.1955(3), as may be amended from time to time.
B. For those properties that are currently developed, but are not in compliance with the
above requirements, the number of off-street parking spaces may be reduced below the
12
quantity which would otherwise be required pursuant to Article 2 as part of a Level One
(minimum standard) approval in order to achieve compliance with Section 3-1409.A.,
above. Under no circumstances shall the number of off-street parking spaces being
reduced be greater than the minimum necessary to achieve compliance.
* * * * * * * * * *
Section 16. That Article 3, Development Standards, Division 18, Signs, Section 3-
1805, Community Development Code, be amended to read as follows:
Section 3-1805. - General standards.
* * * * * * * * * *
C. Illuminated signs.
* * * * * * * * * *
5. The light which illuminates a sign shall be shaded, shielded, or directed so that
no structure, including sign supports or awnings, are illuminated by such lighting.
The above shall not be construed so as to prohibit an awning with signage from
being externally illuminated.
* * * * * * * * * *
Section 17. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-202, Applications for Development Approval, Community
Development Code be amended to read as follows:
* * * * * * * * * *
C. Determination of completeness.
1. Determination of completeness. Within seven working days after the published
application deadline, the community development coordinator shall determine
whether an application is complete.
* * * * * * * * * *
b. Notice to abutting property owners. When the community development
coordinator has accepted an application for level one approval (flexible
standard development) for filing, he shall immediately notify the owners of
the property within 200 feet of the property, excluding any water bodies
within that distance, which is the subject of the application and any
affected neighborhood association and any citywide neighborhood
association in writing that an application has been filed, the nature of the
approval requested and the procedure for consideration of the
application, as well as the right of the owner to appeal a decision.
b. Notice to abutting property owners. After the community development
coordinator has accepted a Level One (flexible standard development)
application for filing, the applicant shall mail notice of the application to
each owner of record of any land within a 200-foot radius of the perimeter
boundaries of the subject property. Notice shall also be mailed to any
13
affected registered local neighborhood association and to any citywide
neighborhood association. Notice shall be provided no less than ten days
prior to the review of the application before the Development Review
Committee (determination of sufficiency). All notices shall include a
summary of the proposal under consideration, the procedure for
consideration of the application, the address of the subject property, and
contact information for both the applicant and the City. The applicant
shall be required to provide a mailing list of the area within the radius
prescribed above to the city with an affidavit affirming the mailing was
sent in accordance with this section or bearing written verification by the
U.S. Postal Service on the date of mailing.
* * * * * * * * * *
Section 18. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-206, Notices and Public Hearings, Community Development
Code be amended to read as follows:
* * * * * * * * * *
C. Notice of hearings. The city clerk is applicant shall be responsible for providing notices
for all required public hearings: with the exception of notices for annexations and historic
designations where notice shall be provided by the City Clerk.
1. All notices of public hearings shall include:
a. The date, time and place of the hearing.
b. A summary of the proposal under consideration.
c. The address of the property and a locational map graphically portraying
the location of the property (if applicable required by Florida Statute).
d. A contact in the city and telephone number in order to obtain further
information.
2. All notices of public hearings shall be provided:
a. By publication of a copy of the notice in one or more newspapers with
general circulation in the City of Clearwater.
b. By sending a copy of the notice by mail to each owner of record, if
different from the applicant, of any land on which development is
proposed.
c. For Level Two approvals, by sending a copy of the notice by mail to each
owner of record of any land within 200 feet of the parcel proposed for
development, excluding any water body. Notice shall also be mailed to
any affected registered local neighborhood association and to any
citywide neighborhood association.
d. For Level Three approvals, by sending a copy of the notice by mail to
each owner of record of any land within 200 feet of the property on which
development is proposed, excluding any water body. Notice shall also be
mailed to any affected registered local neighborhood association and to
any citywide neighborhood association. If more than 30 owners of
14
property are involved, unless otherwise directed by the city commission,
in lieu of mailing such notice, the clerk may publish the notice at least
twice in a newspaper of general circulation.
e. By posting a sign for Level Three approvals only, at least six square feet
in area and not exceeding six feet in height facing the street(s) on the
parcel proposed for development.
a. For Level Two approvals:
1. By sending a copy of the notice by mail to each owner of record of
any land within a 200-foot radius of the perimeter boundaries of
the subject property. Notice shall also be mailed to any affected
registered local neighborhood association and to any citywide
neighborhood association. Notice shall be provided no less than
ten days prior to the review of the application before the
Community Development Board.
2. By posting a sign at least three square feet in area and not
exceeding six feet in height facing the street(s) on the parcel
proposed for development. The sign shall include the case
number, property address, hearing dates and a contact phone
number.
b. For Level Three approvals:
1. By publication of a copy of the notice in one or more newspapers
with general circulation in the City of Clearwater.
2. By sending a copy of the notice by mail to each owner of record of
any land within a 200-foot radius of the perimeter boundaries of
the subject property. Notice shall also be mailed to any affected
registered local neighborhood association and to any citywide
neighborhood association. Notice shall be provided no less than
ten days prior to the review of the application before the City
Council. If more than 30 owners of property are involved, unless
otherwise directed by the City Council, in-lieu of mailing such
notice, the clerk may publish the notice at least twice in a
newspaper of general circulation in the city of Clearwater.
3. By posting a sign at least three square feet in area and not
exceeding six feet in height facing the street(s) on the parcel
proposed for development. However, if a single application
includes more than 25 contiguous parcels and is greater than 10
acres, then no sign shall be required to be posted.
4. By certified mail to the property owner for the voluntary annexation
of a noncontiguous property in an enclave as defined in Section
171.031(13)(a), Florida Statutes, within the city’s service area.
The certified mailing shall be sent prior to each reading of the
ordinance.
* * * * * * * * * *
15
Section 19. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-1202, Removal Permit - Application, Community Development
Code be amended to read as follows:
Section 4-1202. - Removal permit – Application.
Any person who is required by this division to obtain a permit to remove a tree or palm shall
make written application to the community development coordinator on application forms to be
provided, accompanied by the fee required by Section 4-202(E) and including the following
documentation:
A. Requirements for multi-family and all non-residential properties, and subdivisions.
1. A site plan showing the location of all protected trees and palms by size, canopy
and species, distinguishing the tree or trees proposed to be removed, the scaled
location of proposed tree barricades, existing and proposed structures, walks,
driveways, and parking areas and other improvements.
2. A tree inventory, prepared by a certified arborist, of all shade trees four inches
DBH and greater, accent trees two inches DBH and greater, and any other tree
as part of an approved landscape plan specifying the size, canopy, and condition
of such trees.
* * * * * * * * * *
Section 20. That Article 6, Nonconformity Provisions, Section 6-102, Nonconforming
Structures, Community Development Code be amended to read as follows:
Section 6-102. - Nonconforming structures.
* * * * * * * * * *
B. Normal repair and maintenance, such as painting, cleaning, and repairing of same
nonconformity may be performed on nonconforming structures. However,
nonconforming structures shall be made to fully comply with the provisions of this Code,
provided the cost of repair of any structure or improvement at any time exceeds 50
percent of the assessed value of the entire structure. Assessed value shall be
determined by reference to the official property tax assessment rolls for the year the
structure or site improvement is destroyed or damaged.
* * * * * * * * * *
D. Any part of a nonconforming structure which is destroyed or damaged to the extent of
less than 50 percent of the assessed value of the entire structure may be repaired or
restored if a complete and legally sufficient application for all required permits to repair
or restore the damage is submitted within six months of the date of the damage. Any
nonconforming structure which is destroyed or damaged to 50 percent or more of the
assessed value may be repaired or restored only if the structure conforms to the
standards of this Development Code for the zoning district in which it is located.
Assessed value shall be determined by reference to the official property tax assessment
rolls for the year the structure is destroyed or damaged. The extent of damage or
16
destruction shall be determined by the building official by comparing the estimated cost
of repairs or restoration with the assessed value.
* * * * * * * * * *
F. Exemption: Any nonconforming structure that is used for affordable housing may be
exempted from subsections B or D, above, subject to approval of a Level One (flexible
standard) application, and provided that the following criteria are satisfied:
1. The exemption will only apply to a bona fide affordable housing project as
verified by the City’s Economic Development & Housing Department; and
2. The exemption will not apply to a structure in any area of special flood hazard
which is not elevated or flood-proofed to National Flood Insurance Program
standards, as set forth in 44 CFR 59 and 60; and
3. The exemption will not be contrary to the public interest; and
4. The exemption will not be contrary to the Florida Building Code or related
requirements to protect public safety; and
5. The exemption would have the effect of reducing the number of nonconforming
features of the structure or site or of reducing the degree of nonconformity of one
or more non-conforming feature(s) of the structure or site; and
6. The repair, alteration, or enlargement of the nonconforming structure would
provide for affordable housing consistent with the required covenants to maintain
affordability as set forth in Section 3-920.A.4.
Section 21. That Article 7, Enforcement Proceedings and Penalties, Section 7-103,
Remedies; Penalties, Community Development Code be amended to read as follows:
Section 7-103. - Remedies; penalties.
* * * * * * * * * *
B. Fines. Upon being notified by the code inspector that an order issued by the special
master or municipal code enforcement board has not been complied with within the time
established in such order or upon finding that a repeat violation has been committed, the
special master or municipal code enforcement board shall order the violator to pay a fine
to the city for each day the violation continues past the compliance date established in
its order or, in the case of a repeat violation, for each day the repeat violation continues,
beginning with the date of the issuance of the notice of violation the repeat violation is
found to have occurred by the code inspector. Any fine the special master or municipal
code enforcement board imposes pursuant to this section shall not exceed $250.00 per
day for a first violation or $500.00 per day for a repeat violation. If the municipal code
enforcement board finds a violation to be irreparable or irreversible in nature, it may
impose a fine not to exceed $5,000.00 per violation.
* * * * * * * * * *
D. Restoration of landscaping/trees. In addition to the penalties provided in Chapter 1,
Section 1.12 of the City of Clearwater's Code of Ordinances, any person who violates
any provision of Article 3 Division 12 shall be required, as applicable, to:
1. Restore the vegetative buffer to its natural state; or
2. Pay to the city a civil penalty fine equal to the total value of those each protected
tree or palm trees illegally removed or damaged. The fine shall be $48.00 per
17
inch of DBH (or diameter of remaining stump), up to $5,000.00 per protected tree
or palm where it is found that the violation is irreparable or irreversible in nature.
The illegal removal of a Specimen tree is deemed to be an irreparable and
irreversible violation, subject to a fine of up to $15,000.00. as computed by the
International Society of Arboriculture shade tree value formula. Such sum shall
accrue to the city and may be recovered in a civil action brought by the city.
Such sum so collected shall be placed in a fund for the tree bank and shall be
expended for the purchase of trees for replacement in public properties within the
city; and/or
3. Replace illegally removed trees at the owner's expense. Such replacement will
be computed on an inch-for-inch basis according to the total inches of DBH (or
diameter of remaining stump) of all illegally removed trees; and
* * * * * * * * * *
Section 22. That Article 8, Definitions and Rules of Construction, Section 8-102,
Definitions, Community Development Code be amended to read as follows:
* * * * * * * * * *
Dwelling unit means a building or portion of a building providing independent living facilities for
one family including provision for living, sleeping, sanitation and complete kitchen facilities. A
dwelling unit located on residentially zoned property shall be used only for a residential use,
unless otherwise specified, and shall not be used or occupied in interval ownership, in fractional
ownership, or as a timesharing unit.
* * * * * * * * * *
Environmental park means a recreational area that is typically dependent on natural resources
and a natural outdoor environment. Activities shall have little, if any, adverse impact on a site
and are compatible with natural and/or cultural resource protection. Uses include, but are not
limited to, picnicking, hiking on multipurpose trails and/or boardwalks, outdoor educational
nature studies, kayaking/canoeing and launch facilities for same, wildlife viewing, horseback
riding on trails, and/or fishing.
* * * * * * * * * *
Medical clinic means an establishment where patients, who are not lodged overnight, are
admitted for examination and treatment by two or more doctors persons practicing any health
services to individuals, whether such persons be medical doctors, chiropractors, psychiatrists
psychologists, social workers, physical therapists, dentists or any such profession, the practice
of which is lawful in the state and in the city. This definition does not include a place for the
treatment of animals nor does it include psychologists, social workers, massage therapists, and
physical therapists.
* * * * * * * * * *
Protected tree means any nonhazardous tree other than a prohibited tree of four inches DBH or
greater. shade tree four inches DBH or greater, and any accent tree two inches DBH or greater,
and any tree or palm as part of an approved landscape plan, but excluding all hazardous and
prohibited trees.
* * * * * * * * * *
18
Section 23. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 24. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City’s Comprehensive Plan.
Section 25. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 26. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 27. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ____________________________
Camilo Soto Rosemarie Call
Assistant City Attorney City Clerk
** AMENDED FOR CITY COUNCIL **
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE: April 21, 2015
AGENDA ITEM: G.1.
CASE: TA2015-00001
ORDINANCE NO.: 8715-15
REQUEST: Review and recommendation to the City Council, of an amendment to the
Code of Ordinances and the Community Development Code.
INITIATED BY: City of Clearwater, Planning and Development Department
BACKGROUND:
The Planning and Development Department has regularly reviewed the Code as it applies to certain proposed
development. Staff has provided input toward improving the Code based on how staff has experienced the
Code’s application toward various circumstances. City staff developed a list of existing Community
Development Code (CDC) provisions that should be amended in order to better reflect City development
patterns, improve internal processes, and improve consistency with the Comprehensive Plan, Countywide
Rules, and Florida Statutes.
ANALYSIS:
Proposed Ordinance No. 8715-15 amends several sections of the CDC as well as the Code of Ordinances
(COO). The following is a brief analysis of each aspect of the proposed amendment.
1. Section 1.12, Code of Ordinances [page 2 of Ordinance]
The proposed amendment clarifies that the enforcement of civil infractions shall apply not only to those
ordinances contained within the Code of Ordinances, but also the Community Development Code.
2. Appendix A, Code of Ordinances [page 2 of Ordinance]
This amendment deletes a prohibition on gun sales as a home occupation. The information contained in
this subsection will be relocated into Appendix A of the CDC. This amendment is necessary in order to
bring about consistency with Florida Statutes, which specifically permits such a use.
3. Environmental Park [pages 3, 10 and 17 of Ordinance]
The proposed amendment adds environmental parks as a permissible use in the Preservation (P) District
as well as establishing a definition for what constitutes an environmental park, and generally defines it as
a park with recreational activities that typically are dependent on natural resources and a natural outdoor
environment. The addition of this use to the CDC is to accommodate parks such as Moccasin Lake Park.
4. Non-Residential Off-Street Parking [pages 5, 6 and 8 of Ordinance]
The proposed amendment adds a footnote to the Flexible Development tables in the LMDR and MDR
Districts and the Flexible Standard Development table in the T District. The footnote, which requires
non-residential off-street parking lots in excess of three acres to have a land use plan map amendment to
Community Development Board – April 21, 2015
TA2015-00001 – Page 2 TA2015-00001 – Page 2
Community Development Code Text Amendment PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
an appropriate land use category. The inclusion of this footnote was necessary to provide consistency
with the Countywide Plan Rules.
5. Brewpubs and Microbreweries [pages 6, 7 and 9 of Ordinance]
The proposed amendment modifies the flexibility criteria for brewpubs and microbreweries in all districts
where they are permissible to clarify the intent that overhead loading doors are to be perpendicular to
abutting streets rather than all overhead doors. This is what was intended when Ordinance 8654-15 was
adopted; however the text was not as clear as intended.
6. Fences and Walls [page 10 of Ordinance]
The proposed amendment increases the maximum allowable height for a fence or wall located in front of
a principal structure from three feet to four feet. This amendment is intended to make it easier for the
general public to acquire fencing that meets Code as fencing is substantially less common at three feet in
height than four feet.
7. Off-Street Loading [pages 10 and 11 of Ordinance]
The proposed amendment replaces the generic term of “industrial” with uses that are specific to those set
forth in the Code (light assembly, manufacturing, microbreweries, research and technology, and
wholesale/distribution/warehouse facility. The amendment also adds brewpubs to the category already
including restaurants, and retail sales and services.
8. Handicap Parking Spaces [pages 11 and 12 of Ordinance]
The proposed amendment adds an exception to allow those properties that are already developed, but not
in compliance with the established handicap accessible parking provisions to achieve compliance by
reducing the number of “standard” off-street parking spaces below the quantity that would otherwise be
required. The amendment would not permit the number of off-street parking spaces to be reduced further
than is necessary to achieve compliance.
9. Illuminated Signs [page 12 of Ordinance]
The proposed amendment is intended to address concerns that awning signs cannot be illuminated, and
the amendment clarifies that awnings with signage shall not be prohibited from being externally
illuminated.
10. Public Notice [pages 12-14 of Ordinance]
The proposed amendment modifies the responsibility of providing notice on development applications
from the City to the applicant, as well as modifying some aspects as to how that notice is conveyed.
Notice for Level One, Flexible Standard Development applications shall continue to be done by mail
only. Notice for Level Two, Flexible Development applications would be provided by mail and by
posting a sign on-site (new) with advertisement in the newspaper no longer required. Notice for Level
Three applications would also continue to be by publication of notice in the newspaper, by mail, and by
posting a sign on-site. It is noted that notice for annexation and historic designation applications would
continue to be provided by the City.
The Planning and Development Department as well as the Official Records and Legislative Services
Department have surveyed several other municipalities regarding their notification procedures and
processes and have found that what is being proposed through this ordinance to be common practice not
only locally, but throughout the State. Specifically, the following cities and counties require applicants
Community Development Board – April 21, 2015
TA2015-00001 – Page 3 TA2015-00001 – Page 3
Community Development Code Text Amendment PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
to be responsible for either some or all of the notification requirements, or require the applicant to pay all
of the costs in connection with notification:
City of Bal Harbour
City of Davie
City of Fort Lauderdale
City of Hallandale Beach
Hernando County
City of Hollywood
City of Largo
City of Miami
Okaloosa County
City of Panama
City of Safety Harbor
City of Tampa
City of Winter Garden
It is noted that application fees have not been increased in approximately 15 years. However, during that
time the cost of providing notice has increased while the time staff is given from newspapers to provide
the notice has decreased, and the number of staff within the City has also decreased. Additionally, staff
has examined the costs involved for projects from the standpoint of both the current and proposed code
and has found that the proposed amendments would actually result in reduced costs. The following are a
few examples of how the costs would breakdown under the current and proposed codes:
FLS2015-02004 – Application Fee $200
(Garage Addition For A Single-Family Detached Dwelling)
CURRENT CODE PROPOSED CODE
Properties Noticed Using 500 Feet 427 Properties Noticed Using 200 Feet 389
Mailing Notice Cost Per Piece $0.50 Mailing Notice Cost Per Piece $0.50
Cost To City $213.50 Cost To Applicant $194.50
FLD2014-12034 – Application Fee $1,205
(180-Room Overnight Accommodation)
CURRENT CODE PROPOSED CODE
Properties Noticed Using 500 Feet 350 Properties Noticed Using 200 Feet 317
Mailing Notice Cost Per Piece $0.50 Mailing Notice Cost Per Piece $0.50
Total Cost $175.00 Total Cost $158.50
Ad Fee $221.00 Ad Fee N/A
Sign Posting N/A Sign Posting $5.15
Cost To City $396.00 Cost To Applicant $163.65
LUP2014-11004 & REZ2014-11005 – Application Fee $885
(Land Use Amendment and Rezoning)
CURRENT CODE PROPOSED CODE
Properties noticed using 500 ft 47 Properties noticed using 200 ft 15
Mailing notice cost per piece $0.50 Mailing notice cost per piece $0.50
Total cost $23.50 Total cost $7.50
AD fee $762.00 AD FEE $762.00
Sign posting $15.95 Sign posting $5.15
Cost to City $801.45 Cost to applicant $774.65
Community Development Board – April 21, 2015
TA2015-00001 – Page 4
Community Development Code Text Amendment PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
LUP2014-07002 & REZ2014-07002 – Application Fee $885
(Land Use Amendment and Rezoning)
CURRENT CODE PROPOSED CODE
Properties Noticed Using 500 Feet 29 Properties Noticed Using 200 Feet 9
Mailing Notice Cost Per Piece $0.50 Mailing Notice Cost Per Piece $0.50
Total Cost $14.50 Total Cost $4.05
Ad Fee $1,066.00 Ad Fee $1,066.00
Sign Posting $15.95 Sign Posting $5.15
Cost To City $1,096.45 Cost To Applicant $1,075.20
At a time of increasingly restrained and limited resources, it has become appropriate that the public no
longer bear the burden of subsidizing the development approval process. The application fees, more
often than not, do not begin to cover the advertising costs of private development applications, and this
does not include staff costs. The public can escape this undue burden by simply requiring the applicants
to be responsible for their own development applications both physically and financially.
11. Tree Removal Permit [pages 15 and 17 of Ordinance]
The proposed amendment clarifies a requirement of the tree removal permit for multi-family and non-
residential properties with regard to the preparation of a tree inventory. The inventory would be required
to depict all shade trees (four inches DBH and greater), all accent trees (two inches DBH and greater),
and any other tree that was part of an approved landscape plan; whereas the currently only “all trees four
inches DBH and greater” are required to be depicted. The existing version of this language leaves out
many trees that may exist on-site, including many trees that are required by Code to be on-site, and this
amendment will correct that error. The amendment also revises the definition of protected tree to be
consistent with the above.
12. Nonconforming Affordable Housing [pages 15 and 16 of Ordinance]
The proposed amendment provides for an exemption for nonconforming structures used for affordable
housing. The exemption would allow such structures to be repaired in excess of the otherwise maximum
threshold of 50 percent of the assessed value of the entire structure without having to be made fully
compliant with all aspects of the Community Development Code, and would also provide that the
structure could be rebuilt if damaged or destroyed in excess of 50 percent of its assessed value. The
exemption would require the satisfaction of certain criteria, including having the effect of reducing the
number of nonconforming features of the structure or site or of reducing the degree of nonconformity of
one or more non-conforming features of the structure or site. This amendment implements a
recommendation from the 2014 Local Housing Incentives Strategy Update.
13. Enforcement Proceedings and Penalties [pages 16 and 17 of Ordinance]
The proposed amendment modifies the fine commencement date for repeat violations from being the date
the notice was issued to being the date the repeat violation was found to have occurred. The amendment
also modifies the fines that pertain to the illegal removal or damaging of protected trees from a dollar
amount computed from the International Society of Arboriculture shade tree value formula (which cannot
be used when the tree has already been removed) to $48 per inch of DBH (or diameter of remaining
stump), up to $5,000 per protected tree or palm. Further, the illegal removal of a specimen tree would be
subject to a fine of up to $15,000.
Community Development Board – April 21, 2015
TA2015-00001 – Page 5
Community Development Code Text Amendment PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
14. Definitions [page 17 of Ordinance]
Dwelling unit – modifies the definition for what constitutes a dwelling unit by including the provision
of sanitation into the definition.
Medical clinic – modifies the definition for what constitutes a medical clinic by removing language
pertaining to having two or more doctors, and would now specifically exclude psychologists, social
workers, massage therapists and physical therapists.
CRITERIA FOR TEXT AMENDMENTS:
Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text
amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the
Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives and Policies
which will be furthered by the proposed Code amendments:
Objective A.3.2 All development or redevelopment initiatives within the City of Clearwater shall meet
the minimum landscaping / tree protection standards of the Community Development
Code in order to promote the preservation of existing tree canopies, the expansion of
that canopy, and the overall quality of development within the City.
Objective C.1.2 The City of Clearwater shall continue to provide assistance and incentives for the
development of housing that is affordable to very low, low, and moderate income
households, including those with special needs, consistent with the level of growth in
these income categories.
Objective C.1.4 Continue to provide zoning and land use regulations that allow for the development
and redevelopment of affordable housing in stable neighborhoods.
The proposed amendments are, for the most part, intended to make various clarifications or corrections to
both the Code of Ordinances and the Community Development Code. However, the proposed
amendments will also further the tree protection standards of the City by providing more thorough tree
removal permit requirements and more effective fines. The amendment will also remove barriers to the
redevelopment of existing/nonconforming affordable housing stock. As such, the above referenced
objective of the Comprehensive Plan will be furthered.
2. The proposed amendment furthers the purposes of the Community Development Code and other
City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the CDC in that it will be consistent with the
following purposes set forth in Section 1-103.
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 procedure 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 (Section 1-103.A., CDC).
Community Development Board – April 21, 2015
TA2015-00001 – Page 6
Community Development Code Text Amendment PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
It is the further purpose of this Development Code to make the beautification of the city a matter of
the highest priority and to require that existing and future uses and structures in the city are attractive
and well-maintained to the maximum extent permitted by law (Section 1-103.D., CDC).
Protect and conserve the value of land throughout the city and the value of buildings and
improvements upon the land, and minimize the conflicts among the uses of land and buildings
(Section 1-103.E.3., CDC).
Preserve the natural resources and aesthetic character of the community for both the resident and
tourist population consistent with the city's economic underpinnings (Section 1-103.E.5., CDC).
Establish permitted uses corresponding with the purpose and character of the respective zoning
districts and limit uses within each district to those uses specifically authorized (Section 1-103.E.9.,
CDC).
Coordinate the provisions of this Development Code with corollary provisions relating to parking,
fences and walls, signs, and like supplementary requirements designed to establish an integrated and
complete regulatory framework for the use of land and water within the city (Section 1-103.E.12.,
CDC).
The amendments proposed by this ordinance will further the above referenced purposes by implementing the
Goals, Objectives and Policies of the Comprehensive Plan; by improving public notice procedures; by
establishing new permissible use (environmental park); by furthering the tree protection standards of the City
through more thorough tree removal permit requirements and more effective fines; and by improving the
supplemental regulations for fences/walls, off-street loading, handicap parking, and signs.
SUMMARY AND RECOMMENDATION:
The proposed amendment to the Code of Ordinances and the Community Development Code is consistent
with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. Based upon the above, the Planning and Development Department recommends
APPROVAL of Ordinance No. 8715-15 that amends the Code of Ordinances and the Community
Development Code.
Prepared by Planning and Development Department Staff:
Robert G. Tefft,
Development Review Manager
ATTACHMENTS: Ordinance No. 8715-15
All Ads Only Notices Only
At City's
Expense
Ctiy Reimbursed
for Service
At Applicant's
Cost
At City's
Expense
Ctiy Reimbursed
for Service
At Applicant's
Cost
At City's
Expense
Ctiy Reimbursed
for Service
At Applicant's
Cost
Belleair X
Belleair Bluffs X X
Clearwater X
Dunedin X
(ANX & DA Only)
X
(All other Ads)
X
Indian Rocks Beach X
Indian Shores X
(PZB Only)
X
(BAA)
Largo X
(ANX, DA, LUZ)
X
Oldsmar X
Safety Harbor X
St. Petersburg X *
Seminole X
Treasure Island X X
(City Prints
Notices &
Labels)
X *
(Applicant takes to
post office and mails)
*Applicants are not charged a fee for creating the ads/notices. Included in application fee.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8473-15
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 3
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.2
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8744-15 on second reading, amending the Capital Improvement Budget for
the fiscal year ending September 30, 2015 to reflect a net increase of $2,614.010.
SUMMARY:
The fiscal year 2014/15 Operating and Capital Improvement Budgets were adopted in
September 2014 by Ordinances 8585-14 and 8586-14. Section 2.521 of the City’s Code of
Ordinances requires the City Manager to prepare a quarterly report detailing income,
expenditure estimates, collections, the explanation of significant variances, as well as the
financial status of all capital improvement projects.
Page 1 City of Clearwater Printed on 6/11/2015
Mid Year Budget Review
Fiscal 2014-15
City Manager's Transmittal
Memorandum
TO: Mayor and City Council
FROM: Bill Horne, City Manager
COPIES: Jill Silverboard, Assistant City Manager
Rod Irwin, Assistant City Manager
Department Directors
SUBJECT: Mid Year Budget Review - Amended City Manager's Annual Budget Report
DATE: May 25, 2015
Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances.
The report is based on six months of activity (October, 2014 through March, 2015) in this fiscal year. The
report comments on major variances, as well as documents all proposed amendments.
Significant Fund amendments are outlined below:
General Fund
General Fund revenues and expenditure amendments reflect a net increase of $711,016.
The major reason for the overall General Fund expenditure increase is the appropriation of General Fund
reserves of $675,000 at mid year. Amendments include $650,000 for the Centennial Monument project and
$25,000 to fund the furniture contract for the Countryside Library, both of which were previously approved
by Council.
In addition, enhanced revenues of $32,500 are recognized at mid year for sales of concession souvenirs at
Pier 60 which offset expenditure increases in the Pier 60 program; and an increase of $3,516 to
intergovernmental revenue for reimbursements which offset expenditure increases in Police Department
overtime.
General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that
General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must
be maintained as a reserve to guard against future emergencies.
With the closing of the year-end 2014 books, and the allocation of reserves noted above, estimated General
Fund reserves at mid year are approximately $21.4 million, or 18.3% of the current year’s General
Fund budget, exceeding our minimum reserve requirement by $11.5 million.
Significant amendments to other City Operating Funds are noted as follows.
Mid Year Budget Review
Fiscal 2014-15
City Manager's Transmittal
Gas Fund
Mid year budget amendments to Gas Fund expenditures reflect a net decrease of $911,495. Significant
mendments include a decrease of $1,225,970 to propane and commodity purchases; an increase of
$155,000 to interest expense; an increase of $27,700 to personal services; and $120,000 to fund a legal
settlement which is offset by Gas Fund reserves as previously approved by Council.
Solid Waste and Recycling Fund
Budget amendments to the Solid Waste and Recycling Fund reflect a net increase of $190,000 to fund
revenues at mid year. Significant amendments include increases of $115,000 to Solid Waste collection
fees, $30,000 to interest earnings, $30,000 to Recycling fees, $25,000 to contractor collection fees, and a
decrease of $10,000 to sales of recyclables.
Marine Fund
Mid year budget amendments to the Marine Fund reflect an increase of $10,000 to operating supplies to
fund unplanned expenditures. This increase is offset by operating revenues in the fund.
Parking Fund
Budget amendments to the Parking Fund reflect an increase of $102,378 to rental revenue for the renewal
for the Salt Block 57 agreement.
Capital Improvement Fund
Mid year amendments to the Capital Improvement Fund reflect an increase of $2,614,010. This increase
is primarily a result of the following amendments: an increase in Garage – Lease Purchase funding for the
Radio P25 Upgrade project for $1,076,108; an increase recognizing transfers from General Fund reserves
to the Centennial Monument project for $650,000; increases to the Countryside Library Renovation
project representing a transfer from the Special Development Fund for $248,918 in Sales Tax
Infrastructure revenue, $100,000 in donation revenue, and a transfer of $25,000 from General Fund
reserves; and a transfer from the Special Development Fund recognizing $287,000 in Recreation Land
Impact Fees to the Park Land Acquisition project. All major project budget increases listed above have
been previously approved by Council and are also summarized on page 17.
Project activity not previously approved by the Council, includes increases representing Property Owners
Share revenue for the following Gas System Projects: $66,496 for Line Relocation Pinellas; $40,188 for
Pinellas New Mains – Service Lines; $30,960 for Pasco New Mains – Service Lines; and $28,583 for
Line Relocation Pasco Maintenance.
Special Program Fund
The Special Program Fund reflects a net budget increase of $1,113,708 at mid year. Amendments include
the recognition of over $155,000 in grant proceeds supporting the Next Steps to Better Nutrition program,
the Health Prevention program, and Police programs for AmeriCorps and Federal Forfeiture Sharing;
almost $700,000 for the special events and sponsorships programs in the last three months; over $80,000
in fines and court proceeds to support public safety programs and the tree replacement program; and over
$180,000 in revenues for police outside duty contractual services.
CITY OF CLEARWATER CITY OF CLEARWATER
MID YEAR SUMMARY THIRD QUARTER SUMMARY
2014/15 2014/15
FY 14/15 First
Adopted Quarter Mid Year Mid Year Mid Year Amended
Description Budget Amended Projected Actual Variance %Adjustment Budget
General Fund:
Revenues 117,008,550 120,882,726 71,215,561 72,016,626 801,065 1%711,016 121,593,742
Expenditures 117,008,550 120,882,726 70,083,069 67,229,423 2,853,646 4%711,016 121,593,742
Utility Funds:
Water & Sewer Fund
Revenues 71,989,410 72,293,720 35,691,288 35,029,715 (661,573) -2%- 72,293,720
Expenditures 70,406,600 70,710,910 41,640,695 38,416,103 3,224,592 8%- 70,710,910
Stormwater Fund
Revenues 17,224,640 17,850,323 9,119,097 9,398,455 279,358 3%- 17,850,323
Expenditures 17,207,410 17,595,223 12,093,072 11,255,410 837,662 7%- 17,595,223
Gas Fund
Revenues 42,503,420 47,387,313 23,864,962 23,493,851 (371,111) -2%(501,900) 46,885,413
Expenditures 37,515,660 40,207,978 24,281,873 22,785,771 1,496,102 6%(911,495) 39,296,483
Solid Waste and Recycling Fund
Revenues 22,795,900 25,210,595 11,254,570 11,513,718 259,148 2%190,000 25,400,595
Expenditures 22,721,790 25,136,485 14,555,640 13,348,021 1,207,619 8%- 25,136,485
Enterprise Funds:
Marine Fund
Revenues 4,704,840 4,731,395 1,915,226 1,846,963 (68,263) -4%- 4,731,395
Expenditures 4,526,360 4,552,915 2,022,122 1,836,687 185,435 9%10,000 4,562,915
Airpark Fund
Revenues 268,560 270,390 134,278 138,170 3,892 3%- 270,390
Expenditures 207,810 209,640 115,991 111,357 4,634 4%- 209,640
Clearwater Harbor Marina Fund
Revenues 652,500 656,460 348,156 380,137 31,981 9%- 656,460
Expenditures 554,280 558,240 296,757 264,238 32,519 11%- 558,240
Parking Fund
Revenues 4,319,810 4,355,000 1,921,348 2,857,802 936,454 49%102,378 4,457,378
Expenditures 4,246,040 4,281,230 2,458,655 2,263,445 195,210 8%- 4,281,230
Internal Service Funds:
General Services Fund
Revenues 4,453,090 4,509,200 2,226,550 2,275,520 48,970 2%- 4,509,200
Expenditures 4,386,430 4,442,540 2,380,321 2,206,290 174,031 7%- 4,442,540
Administrative Services
Revenues 10,342,220 10,459,460 5,052,114 5,053,188 1,074 0%- 10,459,460
Expenditures 10,254,800 10,372,040 5,922,371 5,842,579 79,792 1%- 10,372,040
Garage Fund
Revenues 14,874,540 14,932,965 7,418,264 6,190,434 (1,227,830) -17%- 14,932,965
Expenditures 14,848,020 14,906,445 7,742,791 6,699,558 1,043,233 13%- 14,906,445
Central Insurance Fund
Revenues 22,856,430 22,971,437 11,359,020 11,038,116 (320,904) -3%- 22,971,437
Expenditures 22,838,200 22,953,207 11,569,630 9,623,438 1,946,192 17%- 22,953,207
1
MID YEAR REVIEW
AMENDED CITY MANAGER'S FISCAL YEAR 2014-15 REPORT
PAGE #
General Fund Operating Budget .................................................................................................................. 3
Utility Funds Operating Budget ..................................................................................................................... 7
Other Enterprise Funds Operating Budgets .............................................................................................. 11
Internal Service Funds Operating Budgets ................................................................................................ 14
Capital Improvement Program Budget ....................................................................................................... 17
Special Program Fund Budget.................................................................................................................... 26
Special Development Fund ......................................................................................................................... 31
Administrative Change Orders .................................................................................................................... 34
Ordinances .................................................................................................................................................. 36
Mid Year budgets were projected in the following manner:
All department expenditure budgets have been established on a month-to-month basis so that projects
identified in the report are not simply time percentages applied to annual budgets but rather department
director's judgment of month-to-month expenditures. This technique was also used for revenue projections.
The actual and projected data contained in this review represents six months, October 1, 2014 through
March 31, 2015. The adjustments, however, represent all data available at the time of the report, including
action taken by the City Council after March 31, 2015.
Definitions associated with the operating funds information is presented as follows:
Definitions:
Original Budget The budget as adopted by the City Council on September 18, 2014.
Mid Year Projection Monthly budgets submitted by departments are based on prior year
experience and unique circumstances.
Variance Difference between Mid Year projected and Mid Year actual.
Variance % % of variance to Mid Year projection.
Adjustments Adjustments that have been approved by the City Council, made at the
Manager’s discretion, and/or adjustments proposed based on Mid Year
review.
Amended Budget Adding the Original Budget and Adjustments.
Amended Budget % Percentage change of amended budget to original budget.
2
Capital Improvement Projects
The amended 2014/15 Capital Improvement Projects budget report is submitted for the City Council review.
This review provides the opportunity to analyze the status of all active projects and present formal
amendments to the project budget.
The Capital Improvement and Special Program funds information is presented as follows:
Definitions:
Budget The budget as of October 1, 2014, which includes budgets from prior
years, which have not been completed.
Amended Prev Qtr The amended project budget approved at first quarter.
Amendment Amendments which have been approved by the City Council, made at the
Manager's discretion, and/or adjustments proposed as a result of the mid
year review.
Revised Budget The previously amended project budget inclusive of amendments
proposed at mid year.
Encumbrance Outstanding contract or purchase order commitment.
Available Balance Difference between revised budget and expenditure plus encumbrance.
Status C - project is completed
Amend Ref Reference number for description of amendment.
Increase/
(Decrease)Description
Local Option, Fuel & Other Taxes
At mid year,local option,fuel and other taxes revenues
exhibit a 12%negative variance.This is primarily related to
timing of collection of Business Tax License revenue which,
for the first seven months of this year,is approximately 17%
less than the same period in fiscal year 2013/14.No
amendment is proposed until further months of revenue are
available for review.
Franchise Fees
At mid year,franchise fee revenues reflect a 12%negative
variance primarily related to the Duke Energy fee.Revenues
received for the first seven periods of the year are 14%less
than expected due to mild winter weather patterns.No
amendment is proposed until additional months of revenue are
available for review.
Other Permits and Fees
At mid year,other permits and fees revenue reflects a 40%
positive variance in building permit revenue due to increased
development in the City. No amendments are proposed.
Intergovernmental 3,516
Amendments to other governmental revenue reflect an
increase of $3,516 in reimbursements from the Department of
Treasury supporting the IRS and Joint Terrorism Task Force
which offset expenditure increases in the Police Department.
Charges for Service 32,500
Amendments to charges for service reflect an increase of
$32,500 to Pier 60 concession souvenirs revenue which offset
expenditure increases in the Pier 60 cost center.
Judgments, Fines & Forfeitures
At mid year,fines and forfeitures revenues reflect a 31%
negative variance primarily due to Red Light Camera revenue
and timing of the posting of court fines from Pinellas County
Clerk of the Court.Red light camera revenue received for the
first seven months of the fiscal year is approximately 21%less
than expected for the year.No amendments are proposed
until further data is available for review.
Miscellaneous
At mid year,miscellaneous revenues reflect a 42%positive
variance primarily related to the posting of the City's credit
card rebate. No amendments are proposed.
City of Clearwater
General Fund Revenues
Mid Year Amendments
FY 2014/15
3
Increase/
(Decrease)Description
City of Clearwater
General Fund Revenues
Mid Year Amendments
FY 2014/15
Mid year amendments reflect a net appropriation of
$675,000.00 from General Fund reserves.Amendments
represent the following allocations:
650,000
1)An appropriation of $650,000 from fund reserves to
project 315-92844,Centennial Monument.This was approved
by Council on March 19, 2015.
25,000
2)An appropriation of $25,000 from fund reserves to fund
the furniture contract for capital project 315-93528,
Countryside Library Renovation,as approved by Council on
May 7, 2015.
675,000
711,016
Net General Fund Revenue
Amendment
Net Transfer (to) from
Retained Earnings
Transfer (to) from Surplus
4
Increase/
(Decrease)Description
32,500
Amendments to Marine &Aviation reflect increases of $25,300
to inventory purchases for resale,$4,000 to operating supplies,
and $3,200 to full time salaries.These expenditure increases
are offset by an amendment increasing Pier 60 revenue.
3,516
At mid year,amendments to the Police Department reflect a
net increase of $3,516 to overtime which is offset by revenue
amendments recognizing the reimbursements received for
overtime from the Department of Treasury,IRS and Joint
Terrorism Task Force.
Non-Departmental
The budget amendment reflects City Council approved
interfund transfers of $675,000 to capital improvement projects,
as follows:
650,000
1)A transfer of $650,000 from General Fund reserves to
project 315-92844,Centennial Monument;as approved by the
Council on March 19, 2015.
25,000
5)A transfer of $25,000 from General Fund reserves to project
315-93528,Countryside Library renovation;as approved by the
Council on May 7, 2015.
675,000
711,016
Net General Fund
Expenditure Amendment
Police
Marine & Aviation
City of Clearwater
General Fund Expenditures
Mid Year Amendments
FY 2014/15
5
2014/15 2014/15
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance %Amendment Budget
GENERAL FUND
GENERAL FUND REVENUES
Ad Valorem Taxes 38,779,620 34,984,800 35,434,762 449,962 1%- 38,779,620
Utility Taxes 14,182,400 5,822,006 5,803,068 (18,938) 0%- 14,182,400
Local Option, Fuel & Other Taxes 7,604,780 2,323,360 2,044,255 (279,105) -12%- 7,604,780
Franchise Fees 10,090,000 4,256,665 3,754,779 (501,886) -12%- 10,090,000
Other Permits & Fees 2,220,500 1,110,246 1,550,999 440,753 40%- 2,220,500
Intergovernmental 19,587,304 7,962,398 8,632,130 669,732 8%3,516 19,590,820
Charges for Services 14,227,040 6,646,048 6,600,907 (45,141) -1%32,500 14,259,540
Judgments, Fines & Forfeitures 1,034,000 506,085 350,111 (155,974) -31%- 1,034,000
Miscellaneous Revenues 1,647,500 606,760 863,616 256,856 42%- 1,647,500
Transfers In 10,178,977 6,997,193 6,981,999 (15,194) 0%- 10,178,977
TOTAL REVENUES 119,552,121 71,215,561 72,016,626 801,065 1%36,016 119,588,137
Transfer (to) from Surplus 1,330,605 - - - ~675,000 2,005,605
ADJUSTED REVENUES 120,882,726 71,215,561 72,016,626 801,065 1%711,016 121,593,742
GENERAL FUND EXPENDITURES
City Council 280,040 153,788 141,684 12,104 8%- 280,040
City Manager's Office 1,110,477 589,492 587,645 1,847 0%- 1,110,477
City Attorney's Office 1,653,821 862,246 703,326 158,920 18%- 1,653,821
City Auditor's Office 200,060 115,220 112,404 2,816 2%- 200,060
Economic Development & Housing 1,649,545 1,126,570 1,064,363 62,207 6%- 1,649,545
Engineering 7,665,735 4,756,366 4,668,913 87,453 2%- 7,665,735
Finance 2,183,290 1,272,293 1,229,935 42,358 3%- 2,183,290
Fire 23,989,395 13,633,952 13,167,525 466,427 3%- 23,989,395
Human Resources 1,068,780 573,971 532,536 41,435 7%- 1,068,780
Library 6,156,870 3,642,443 3,507,401 135,042 4%- 6,156,870
Marine & Aviation 880,470 473,537 452,330 21,207 4%32,500 912,970
Non-Departmental 6,705,994 5,434,388 5,493,394 (59,006) -1%675,000 7,380,994
Office of Management & Budget 313,570 178,549 129,224 49,325 28%- 313,570
Official Records & Legislative Svcs 1,015,675 550,881 531,847 19,034 3%- 1,015,675
Parks & Recreation 22,660,240 12,177,234 11,382,542 794,692 7%- 22,660,240
Planning & Development 5,035,445 2,830,713 2,633,314 197,399 7%- 5,035,445
Police 37,012,289 21,156,639 20,378,324 778,315 4%3,516 37,015,805
Public Communications 1,025,550 554,787 512,717 42,070 8%- 1,025,550
Public Utilities 275,480 - ~- 275,480
TOTAL EXPENDITURES 120,882,726 70,083,069 67,229,423 2,853,646 4%711,016 121,593,742
For Six Month Period of October 1, 2014- March 31, 2015
GENERAL FUND
MID YEAR REVIEW
6
Increase/
(Decrease)Description
Water & Sewer Fund
At mid year, anticipated revenues of the Water & Sewer Fund exceed
anticipated expenditures by $1,582,810 for FY 2014/15.
Revenues:
No amendments are proposed to Water &Sewer Fund revenues at
mid year.
Expenditures:
No amendments are proposed to Water &Sewer Fund expenditures
at mid year.
Stormwater Fund
At mid year, anticipated revenues of the Stormwater Fund exceed
anticipated expenditures by $255,100 for FY 2014/15.
Revenues:
No amendments are proposed to Stormwater Fund revenues at mid
year.
Expenditures:
No amendments are proposed to Stormwater Fund expenditures at
mid year.
Gas Fund
At mid year, anticipated revenues of the Gas Fund exceed anticipated
expenditures by $7,588,930 for fiscal year 2014/15.
Revenues:(501,900)
Mid year revenue amendments in the Gas Fund reflect the following:
1)decreases totaling $715,000 in sales of gas due to a mild winter;2)
decreases totaling $84,000 in service charges to customers including
franchise fees and installation charges;3)an increase of $77,100 in
other revenues;4)an increase $100,000 in interest earnings;and 5)
an allocation of $120,000 in Gas Fund reserves to fund a legal
settlement as approved by the Council on March 19, 2015.
Expenditures:(911,495)
Mid year expenditure amendments in the Gas Fund reflect the
following:1)increases in salaries totaling $27,700 for overtime and
major medical;2)other operating decreases of $1,225,970 primarily
due to decreased propane and commodity purchases;3)an increase
of $155,080 to interest expense;4)amendments to various codes
which net an increase of $11,695 to bring the budget in line with actual
expenditures;and 5)an increase of $120,000 to fund a legal
settlement as approved by the Council on March 19, 2015.
City of Clearwater
Utility Funds
Mid Year Amendments
FY 2014/15
7
Increase/
(Decrease)Description
City of Clearwater
Utility Funds
Mid Year Amendments
FY 2014/15
Solid Waste and Recycling Fund
At mid year, anticipated revenues of the Solid Waste and Recycling
Fund exceed anticipated expenditures by $264,110 for fiscal year
2014/15.
Revenues:190,000
Mid year revenue amendments in the Solid Waste and Recycling
Fund reflect a net increase of $190,000,amendments include:1)an
increase of $30,000 to recycling fees due to better than expected fee
generation;2)a decrease of $10,000 in sale of recyclables due to
decreasing market price for single stream commodity;3)an increase
of $115,000 in Solid Waste collection fees due to better than expected
collections;4)an increase of $25,000 in contractor collection fees due
to increased revenue generated from private haulers;and 5)an
increase of $30,000 in interest earnings.
Expenditures:
No amendments are proposed to Solid Waste and Recycling Fund
expenditures at mid year.
8
2014/15 2014/15
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance %Amendment Budget
WATER & SEWER FUND
Water & Sewer Fund Revenues
Charges for Service 70,472,170 35,236,086 34,428,662 (807,424) -2%- 70,472,170
Judgments, Fines and Forfeits 271,000 135,498 125,116 (10,382) -8%- 271,000
Miscellaneous 1,246,240 319,704 475,937 156,233 49%- 1,246,240
Transfers In - - - - ~- -
Fund Equity 304,310 - - - ~- 304,310 Total Revenues 72,293,720 35,691,288 35,029,715 (661,573) -2%- 72,293,720
Water & Sewer Fund Expenditures
Public Utilities Administration 1,067,385 562,890 425,741 137,149 24%- 1,067,385
Wastewater Collection 7,404,490 4,622,350 4,397,095 225,255 5%- 7,404,490
Public Utilities Maintenance 3,973,290 2,177,419 1,916,359 261,060 12%- 3,973,290
WPC / Plant Operations 16,418,945 10,543,763 8,904,395 1,639,368 16%- 16,418,945
WPC / Laboratory Operations 1,315,395 693,586 637,118 56,468 8%- 1,315,395
WPC / Industrial Pretreatment 853,520 458,690 378,534 80,156 17%- 853,520
Water Distribution 12,629,960 8,881,297 8,498,021 383,276 4%- 12,629,960
Water Supply 10,743,535 5,464,780 6,394,273 (929,493) -17%- 10,743,535
Reclaimed Water 2,390,860 1,279,154 1,121,098 158,056 12%- 2,390,860
Non-Departmental 13,913,530 6,956,766 5,743,469 1,213,297 17%- 13,913,530
Total Expenditures 70,710,910 41,640,695 38,416,103 3,224,592 8%- 70,710,910
STORMWATER FUND
Stormwater Utility Revenues
Charges for Service 16,942,940 8,471,472 8,625,852 154,380 2%- 16,942,940
Judgments, Fines and Forfeits 50,000 25,002 37,763 12,761 51%- 50,000
Miscellaneous 231,700 83,450 195,667 112,217 134%- 231,700
Transfers In 539,173 539,173 539,173 - 0%- 539,173
Fund Equity 86,510 - - - ~- 86,510
Total Revenues 17,850,323 9,119,097 9,398,455 279,358 3%- 17,850,323
Stormwater Utility Expenditures
Stormwater Management 11,000,253 8,611,802 8,050,956 560,846 7%- 11,000,253
Stormwater Maintenance 6,594,970 3,481,270 3,204,454 276,816 8%- 6,594,970
Total Expenditures 17,595,223 12,093,072 11,255,410 837,662 7%- 17,595,223
GAS FUND
Gas Fund Revenues
Charges for Service 42,730,020 23,294,064 23,043,412 (250,652) -1%(799,000) 41,931,020
Judgments, Fines and Forfeits 150,000 75,000 76,672 1,672 2%- 150,000
Miscellaneous 483,400 455,898 333,767 (122,131) -27%177,100 660,500
Transfers In 40,000 40,000 40,000 - 0%- 40,000
Fund Equity 3,983,893 - - - ~120,000 4,103,893
Total Revenues 47,387,313 23,864,962 23,493,851 (371,111) -2%(501,900) 46,885,413
Gas Fund Expenditures
Administration & Supply 25,687,064 14,391,039 13,164,910 1,226,129 9%(1,239,580) 24,447,484
South Area Gas Operations 7,553,815 5,205,572 5,251,861 (46,289) -1%205,150 7,758,965
North Area Gas Operations 2,835,590 1,873,527 1,677,449 196,078 10%83,290 2,918,880
Marketing & Sales 4,131,509 2,811,735 2,691,551 120,184 4%39,645 4,171,154
Total Expenditures 40,207,978 24,281,873 22,785,771 1,496,102 6%(911,495) 39,296,483
For the Six Month Period of October 1, 2014 to March 31, 2015
UTILITY FUNDS
MID YEAR REVIEW
9
2014/15 2014/15
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance %Amendment Budget
For the Six Month Period of October 1, 2014 to March 31, 2015
UTILITY FUNDS
MID YEAR REVIEW
SOLID WASTE AND RECYCLING FUND
Solid Waste Revenues
Other Permits and Fees 1,000 498 1,017 519 104%- 1,000
Charges for Service 19,171,000 9,635,500 9,809,605 174,105 2%140,000 19,311,000
Judgments, Fines and Forfeits 85,100 42,546 42,987 441 1%- 85,100
Miscellaneous 634,000 334,402 388,276 53,874 16%30,000 664,000
Transfers In - - - - ~- -
Solid Waste Revenues 19,891,100 10,012,946 10,241,885 228,939 2%170,000 20,061,100
Recycling Revenues
Other Permits and Fees 300 150 173 23 15%- 300
Intergovernmental - - - - ~- -
Charges for Service 2,087,080 1,047,040 1,076,100 29,060 3%30,000 2,117,080
Judgments, Fines and Forfeits 7,700 3,852 4,044 192 5%- 7,700
Miscellaneous 386,750 190,582 191,516 934 0%(10,000) 376,750
Transfers In - - - - ~- -
Recycling Revenues 2,481,830 1,241,624 1,271,833 30,209 2%20,000 2,501,830
Fund Equity 2,837,665 - - - ~- 2,837,665
Total Revenues 25,210,595 11,254,570 11,513,718 259,148 2%190,000 25,400,595
Solid Waste Expenditures
Collection 16,431,415 8,875,714 8,086,926 788,788 9%- 16,431,415
Transfer 2,641,720 1,932,618 1,813,373 119,246 6%- 2,641,720
Container Maintenance 863,800 473,087 442,874 30,213 6%- 863,800
Administration 1,079,840 571,349 540,049 31,300 5%- 1,079,840
Solid Waste Expenditures 21,016,775 11,852,768 10,883,221 969,547 8%- 21,016,775
Recycling Expenditures
Residential 2,225,050 1,661,788 1,613,542 48,246 3%- 2,225,050
Multi-Family 427,330 228,566 185,628 42,938 19%- 427,330
Commercial 1,467,330 812,518 665,630 146,888 18%- 1,467,330
Recycling Expenditures 4,119,710 2,702,872 2,464,800 238,072 9%- 4,119,710
Total Expenditures 25,136,485 14,555,640 13,348,021 1,207,619 8%- 25,136,485
10
Increase/
(Decrease)Description
Marine Fund
Anticipated revenues of the Marine Fund exceed anticipated
expenditures by $168,480 at mid year fiscal year 2014/15.
Revenues: No amendments are proposed to Marine Fund revenues at mid year.
Expenditures:10,000
Amendments to Marine Fund expenditures reflect an increase of
$10,000 to operating supplies to fund unplanned expenditures.
Clearwater Harbor Marina Fund
Anticipated revenues of the Clearwater Harbor Marina Fund exceed
anticipated expenditures by $98,220 at mid year fiscal year 2014/15.
Revenues:
No amendments are proposed to Clearwater Harbor Marina Fund
revenues at mid year.
Expenditures:
No amendments are proposed to Clearwater Harbor Marina Fund
expenditures at mid year.
Airpark Fund
Anticipated revenues of the Airpark Fund exceed anticipated
expenditures by $60,750 at mid year fiscal year 2014/15.
Revenues: No amendments are proposed to Airpark Fund revenues at mid year.
Expenditures:
No amendments are proposed to Airpark Fund expenditures at mid
year.
Parking Fund
At mid year, anticipated revenues of the Parking Fund exceed
anticipated expenditures by $176,148 for fiscal year 2014/15.
Revenues:102,378
At mid year,Parking Fund revenues reflect a 49%positive variance.
This variance is primarily due to increased parking rates,and the busy
tourist season. Amendments reflect an increase of $102,378 in rental
revenue due to the renewal of the Salt Block 57 agreement which will
be approved by the Council June 3, 2015.
Expenditures:
No amendments are proposed to Parking Fund expenditures at mid
year.
FY 2014/15
City of Clearwater
Other Enterprise Funds
Mid Year Amendments
11
2014/15 2014/15
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance %Amendment Budget
MARINE FUND
MARINE FUND REVENUES
Intergovernmental - - - - ~- -
Charges for Service 4,666,840 1,896,328 1,824,256 (72,072) -4%- 4,666,840
Judgments, Fines and Forfeits 1,000 498 1,290 792 159%- 1,000
Miscellaneous Revenue 37,000 18,400 21,417 3,017 16%- 37,000
Transfers In - - - - ~- -
Fund Equity 26,555 - - - ~- 26,555
TOTAL REVENUES 4,731,395 1,915,226 1,846,963 (68,263) -4%- 4,731,395
MARINE FUND EXPENDITURES
Marina Operations 4,552,915 2,022,122 1,836,687 185,435 9%10,000 4,562,915
TOTAL EXPENDITURES 4,552,915 2,022,122 1,836,687 185,435 9%10,000 4,562,915
CLEARWATER HARBOR MARINA FUND
CLEARWATER HARBOR MARINA FUND REVENUES
Intergovernmental 50,000 50,000 50,000 - 0%- 50,000
Charges for Service 595,000 294,704 321,039 26,335 9%- 595,000
Judgments, Fines and Forfeits 1,500 750 390 (360) -48%- 1,500
Miscellaneous Revenue 6,000 2,702 8,708 6,006 222%- 6,000
Transfers In - - - - ~- -
Fund Equity 3,960 - - - ~- 3,960
TOTAL REVENUES 656,460 348,156 380,137 31,981 9%- 656,460
CLEARWATER HARBOR MARINA FUND EXPENDITURES
Clearwater Harbor Marina Operations 558,240 296,757 264,238 32,519 11%- 558,240
TOTAL EXPENDITURES 558,240 296,757 264,238 32,519 11%- 558,240
AIRPARK FUND
AIRPARK FUND REVENUES
Charges for Service 7,000 3,498 6,766 3,268 93%- 7,000
Miscellaneous Revenue 261,560 130,780 131,404 624 0%- 261,560
Transfers In - - - - ~- -
Fund Equity 1,830 - - - ~- 1,830
TOTAL REVENUES 270,390 134,278 138,170 3,892 3%- 270,390
AIRPARK FUND EXPENDITURES
Airpark Operations 209,640 115,991 111,357 4,634 4%- 209,640
TOTAL EXPENDITURES 209,640 115,991 111,357 4,634 4%- 209,640
For The Six Month Period of October 1, 2014 - March 31, 2015
ENTERPRISE FUNDS
MID YEAR REVIEW
12
2014/15 2014/15
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance %Amendment Budget
For The Six Month Period of October 1, 2014 - March 31, 2015
ENTERPRISE FUNDS
MID YEAR REVIEW
PARKING FUND
PARKING FUND REVENUES
Charges for Service 3,043,910 1,318,000 2,088,793 770,793 58%- 3,043,910
Judgments, Fines and Forfeits 600,000 273,500 318,121 44,621 16%- 600,000
Miscellaneous Revenue 675,900 329,848 450,888 121,040 37%102,378 778,278
Transfers In - - - - ~- -
Fund Equity 35,190 - - - ~- 35,190
TOTAL REVENUES 4,355,000 1,921,348 2,857,802 936,454 49%102,378 4,457,378
PARKING FUND EXPENDITURES
Engineering / Parking System 3,049,130 1,800,651 1,712,127 88,524 5%- 3,049,130
Engineering / Parking Enforcement 614,690 314,829 250,072 64,757 21%- 614,690
Parks & Rec / Beach Guards 617,410 343,175 301,245 41,930 12%- 617,410
TOTAL EXPENDITURES 4,281,230 2,458,655 2,263,445 195,210 8%- 4,281,230
13
Increase/
(Decrease)Description
General Services
At mid year, anticipated revenues of the General Services Fund exceed
anticipated expenditures by $66,660 for fiscal year 2014/15.
Revenues:
No amendments are proposed to General Services Fund revenues at
mid year.
Expenditures:
No amendments are proposed to General Services Fund expenditures at
mid year.
Administrative Services
At mid year, anticipated revenues of the Administrative Services Fund
exceed anticipated expenditures by $87,420 for fiscal year 2014/15.
Revenues:
No amendments are proposed to Administrative Services Fund revenues
at mid year.
Expenditures:
No amendments are proposed to Administrative Services Fund
expenditures at mid year.
Garage Fund
At mid year, anticipated revenues of the Garage Fund exceed anticipated
expenditures by $26,520 for fiscal year 2014/15.
Revenues: No amendments are proposed to Garage Fund revenues at mid year.
Expenditures: No amendments are proposed to Garage Fund expenditures at mid year.
Central Insurance
At mid year, anticipated revenues of the Central Insurance Fund exceed
anticipated expenditures by $18,230 for fiscal year 2014/15.
Revenues:
No amendments are proposed to Central Insurance Fund revenues at
mid year.
Expenditures:
No amendments are proposed to Central Insurance Fund expenditures
at mid year.
City of Clearwater
Internal Service Funds
Mid Year Amendments
FY 2014/15
14
2014/15 2014/15
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance %Amendment Budget
GENERAL SERVICES FUND
GENERAL SERVICES FUND REVENUES
Charges for Service 4,433,090 2,216,550 2,259,093 42,543 2%- 4,433,090
Miscellaneous Revenues 20,000 10,000 16,427 6,427 64%- 20,000 Transfers In - - - - ~- -
Fund Equity 56,110 - - - ~- 56,110 TOTAL REVENUES 4,509,200 2,226,550 2,275,520 48,970 2%- 4,509,200
GENERAL SERVICES FUND EXPENDITURES
Administration 484,210 269,724 243,028 26,696 10%- 484,210
Building & Maintenance 3,958,330 2,110,597 1,963,262 147,335 7%- 3,958,330
TOTAL EXPENDITURES 4,442,540 2,380,321 2,206,290 174,031 7%- 4,442,540
ADMINISTRATIVE SERVICES FUND
ADMINISTRATIVE SERVICES REVENUE
Charges for Service 10,002,220 5,001,114 4,978,909 (22,205) 0%- 10,002,220 Miscellaneous Revenues 105,000 51,000 74,279 23,279 46%- 105,000
Transfers In - - - - ~- -
Fund Equity 352,240 - - - ~- 352,240 TOTAL REVENUES 10,459,460 5,052,114 5,053,188 1,074 0%- 10,459,460
ADMINISTRATIVE SERVICES EXPENDITURES
Information Technology / Admin 393,510 218,393 172,717 45,676 21%- 393,510
Information Tech / Network Svcs 2,668,165 1,499,167 1,491,269 7,898 1%- 2,668,165
Info Tech / Software Applications 2,859,645 1,763,949 1,758,718 5,231 0%- 2,859,645
Info Tech / Telecommunications 809,570 411,533 515,078 (103,545) -25%- 809,570 Public Comm / Courier 153,430 76,723 62,133 14,590 19%- 153,430
Clearwater Customer Service 3,487,720 1,952,606 1,842,664 109,942 6%- 3,487,720 TOTAL EXPENDITURES 10,372,040 5,922,371 5,842,579 79,792 1%- 10,372,040
GARAGE FUND
GARAGE FUND REVENUES
Charges for Service 14,464,540 7,232,268 5,940,534 (1,291,734) -18%- 14,464,540
Miscellaneous Revenues 410,000 185,996 249,900 63,904 34%- 410,000
Transfers In - - - - ~- - Fund Equity 58,425 - - - ~- 58,425 TOTAL REVENUES 14,932,965 7,418,264 6,190,434 (1,227,830) -17%- 14,932,965
Garage Fund Expenditures
Fleet Maintenance 9,518,285 5,045,271 4,350,923 694,348 14%- 9,518,285
Fleet Maintenance Vehicle Replacement 4,663,880 2,331,942 2,254,012 77,930 3%- 4,663,880
Radio Communications 724,280 365,578 94,623 270,955 74%- 724,280
TOTAL EXPENDITURES 14,906,445 7,742,791 6,699,558 1,043,233 13%- 14,906,445
For The Six Month Period of October 1, 2014 - March 31, 2015
INTERNAL SERVICE FUNDS
MID YEAR REVIEW
15
2014/15 2014/15
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance %Amendment Budget
For The Six Month Period of October 1, 2014 - March 31, 2015
INTERNAL SERVICE FUNDS
MID YEAR REVIEW
CENTRAL INSURANCE FUND
CENTRAL INSURANCE FUND REVENUES
Charges for Service 22,049,200 11,024,604 10,736,528 (288,076) -3%- 22,049,200 Miscellaneous Revenues 807,230 334,416 281,057 (53,359) -16%- 807,230
Transfers In - - 20,531 20,531 ~- -
Fund Equity 115,007 - - - ~- 115,007
TOTAL REVENUES 22,971,437 11,359,020 11,038,116 (320,904) -3%- 22,971,437
CENTRAL INSURANCE FUND EXPENDITURES
Finance / Risk Management 433,750 239,989 215,564 24,425 10%- 433,750
Human Resources / Employee Benefits 361,240 198,566 179,502 19,064 10%- 361,240
Human Resources / Employee Health Clinic 1,782,790 891,396 901,342 (9,946) -1%- 1,782,790
Non-Departmental 20,375,427 10,239,679 8,327,031 1,912,648 19%- 20,375,427 TOTAL EXPENDITURES 22,953,207 11,569,630 9,623,438 1,946,192 17%- 22,953,207
16
Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Mid Year Summary
FY 2014/15
17
The amended 2014/15 Capital Improvement Program budget report is submitted for the City Council's Mid Year
review. The net proposed amendment is a budget increase in the amount of $2,614,010. This review provides the
opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally
significant budget increases encompassed within this review are as follows:
The City Council did not previously approve the following Capital Improvement Budget activity:
Line Relocation Pinellas - Capitalized – To record a budget increase in the amount of $66,496 of Property
Owners Share revenue, bringing budgeted revenues in line with actual cash received.
Pinellas New Mains - Service Lines – To record a budget increase in the amount of $40,188 of Property Owners
Share revenue, bringing budgeted revenues in line with actual cash received.
Pasco New Mains - Service Lines – To record a budget increase in the amount of $30,960 of Property Owners
Share revenue, bringing budgeted revenues in line with actual cash received.
Line Relocation Pasco Maintenance – To record a budget increase in the amount of $28,593 of Property Owners
Share revenue, bringing budgeted revenues in line with actual cash received.
All significant budget increases that have been previously approved by the City Council are listed below:
Project Council
Budget Increase Approval
Radio P25 Upgrade 1,076,108 04/16/15
Centennial Monument 650,000 03/19/15
Countryside Library Renovation 373,918 04/16/15 & 05/07/15
Park Land Acquisition 287,000 04/16/15
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
Main Station (Fire)
1 315-91253 35,872 *
To record a budget increase in the amount of $35,871.83 of
Infrastructure Sales Tax (Penny for Pinellas)revenue.This
represents the fiscal year 2014 loan interest payment made to
the Central Insurance Fund.35,872
Centennial Monument - NEW PROJECT
2 315-92844 650,000
To establish the project budget and record a budget increase in
the amount of $650,000.00 of General Fund reserves to fund
the construction of the Centennial Monument.This was
approved by the City Council on March 19, 2015.650,000
Park Land Acquisition
3 315-93133 287,000
To record a budget increase in the amount of $287,000.00 of
Recreation Land Impact fees from the Special Development
Fund.To fund the purchase of real property located at 3198
Gulf-to-Bay Boulevard.This was approved by City Council on
April 16, 2015.287,000
Restrooms on Clearwater Beach - CLOSE PROJECT
4 315-93273 (13,882)
To record a budget transfer in the amount of $13,882.19 of
General Fund revenue to project 315-93624,Pier 60 Park
Repair and Improvements.This project is complete and will be
closed.(13,882)
Countryside Library Renovation
5 315-93528 248,918
To record a budget increase in the amount of $248,918.00 of
Infrastructure Sales Tax (Penny for Pinellas)revenue from the
Special Development Fund.The funding will provide the
additional funding needed for the Countryside Recreation
Center HVAC upgrades.This was approved by the City Council
on April 16, 2015.
100,000 *
To record a budget increase in the amount of $100,000.00 of
Donation Revenue received from the Clearwater Library
Foundation.This will bring budgeted revenues in line with actual
cash received.This was approved by the City Council on May 7,
2015.
25,000
To record a budget increase in the amount of $25,000.00 of
General Fund reserves.This revenue along with the donation,
will provided for the additional funds needed for the furniture,
fixtures and equipment purchase.This was approved by the City
Council on May 7, 2015.373,918
Pier 60 Park Repair and Improvements
6 315-93624 13,882
To record a budget transfer in the amount of $13,882.19 of
General Fund revenue from project 315-93273,Restrooms on
Clearwater Beach.The Restrooms on Clearwater Beach project
is complete and will be closed.13,882
Sid Lickton Complex Renovations - CLOSE PROJECT
7 315-93630 (3,528)
To record a budget decrease in the amount of $3,527.93 of
Infrastructure Sales Tax (Penny for Pinellas)revenue and return
these funds to the Special Development Fund.This project is
complete and will be closed.(3,528)
CAPITAL IMPROVEMENT FUND
Second Quarter Amendments
FY 2014/15
18 * indicates budget amendment only
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
CAPITAL IMPROVEMENT FUND
Second Quarter Amendments
FY 2014/15
Radio P25 Upgrade
8 316-94243 1,076,108
To record a budget increase in the amount of $1,076,108.12 of
Garage Lease Purchase funding.This amendment will utilize
funding in the amount of $1,000,000.00 that was originally
scheduled for fiscal year 2016 in the approved six-year CIP
budget.The funding will provide for the Police terminal upgrade
for the city-wide two-way radio P-25 communication system.
This was approved by the City Council on April 16, 2015.1,076,108
Gas Meter Change Out - Pinellas
9 315-96367 (80,000)
To record a budget transfer in the amount of $80,000.00 of Gas
fund revenue,to project 315-96379,Gas Meter Change Out -
Pasco. (80,000)
Line Relocation Pinellas- Capitalized
10 315-96374 66,496 *
To record a budget increase in the amount of $66,496.34 of
Property Owners Share revenue.This will bring budgeted
revenues in line with actual cash received. 66,496
Line Relocation Pasco Maintenance
11 315-96376 28,593 *
To record a budget increase in the amount of $28,592.77 of
Property Owners Share revenue.This will bring budgeted
revenues in line with actual cash received. 28,593
Pinellas New Mains- Service Lines
12 315-96377 40,188 *
To record a net budget increase in the amount of $40,187.59
representing Property Owners Share revenue.This will bring
budgeted revenues in line with actual cash received. 40,188
Pasco New Mains- Service Lines
13 315-96378 30,960 *
To record a budget increase in the amount of $30,960.47 of
Property Owners Share revenue.This will bring budgeted
revenues in line with actual cash received. 30,960
Gas Meter Change Out - Pasco
14 315-96379 80,000
To record a budget transfer in the amount of $80,000.00 of Gas
fund revenue,from project 315-96367,Gas Meter Change Out -
Pinellas. 80,000
Line Relocation - Pasco- Capitalized
15 315-96381 21,192 *
To record a budget increase in the amount of $21,192.05 of
Property Owners Share revenue.This will bring budgeted
revenues in line with actual cash received. 21,192
Expanded Energy Conservation
16 315-96386 5,752 *
To record a budget increase in the amount of $5,751.68 of
Property Owners Share revenue.This will bring budgeted
revenues in line with actual cash received. 5,752
19 * indicates budget amendment only
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
CAPITAL IMPROVEMENT FUND
Second Quarter Amendments
FY 2014/15
BioSolids Treatment
17 315-96611 1,484 *
To record a budget increase in the amount of $1,483.86 of
Other Governmental revenue received from the City of Safety
Harbor.This will bring budgeted revenues in line with actual
cash received. 1,484
Line Relocation - Capital
18 315-96742 (25) *
To record a budget decrease in the amount of $25.19 of Interest
Earned Other revenue.This will bring budgeted revenues in line
with actual cash received. (25)
TOTALS 2,614,010 - 2,614,010
20 * indicates budget amendment only
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2014 to March 31, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
PUBLIC SAFETY
Police Protection
91150 Range Improvements 1,700,000 1,700,000 1,700,000 25,250 1,674,750
91151 Police Property / Evidence Storage 75,000 75,000 75,000 14,171 60,829
1,775,000 1,775,000 - 1,775,000 - 39,421 1,735,579
Fire Protection
91218 Fire Engine Replacement 1,598,746 1,598,746 1,598,746 1,553,195 45,551
91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 1,031,480 134,230
91229 Replace & Upgrade Airpacks 1,856,400 1,856,400 1,856,400 845,559 1,010,841
91236 Rescue Vehicle 1,419,869 1,419,869 1,419,869 818,550 178,510 422,809
91253 Main Station (Fire)11,592,885 11,592,885 35,872 11,628,757 10,357,950 692,292 578,515 1
91257 AED Program 121,960 121,960 121,960 119,400 2,560
91258 Ladder Truck Equipment 150,000 147,967 147,967 147,967 0 C
91259 Radio Replacements 364,640 364,640 364,640 359,071 5,569
91260 Thermal Imaging Cameras 112,530 112,530 112,530 69,295 43,235
91261 Personal Protection Equipment 1,283,690 1,283,690 1,283,690 976,064 10,254 297,372
91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 42,634
91263 Extrication Tools 56,000 56,000 56,000 25,603 30,397
91264 Fire Hose Replacement 235,810 235,810 235,810 163,126 72,684
91266 Rescue Squad Replacement 850,000 827,340 827,340 827,340 0 C
91267 Training Facility Concrete Pad Replace 90,000 82,665 82,665 82,665 0 C
91268 Countryside Fire Station 3,697,910 3,697,910 3,697,910 4,573 215,668 3,477,670
Sub-Total 24,721,150 24,689,121 35,872 24,724,993 17,464,203 1,096,723 6,164,067
TRANSPORTATION
New Street Construction
92146 Druid Road Improvements 4,147,569 4,147,569 4,147,569 2,943,580 4,855 1,199,134
Sub-Total 4,147,569 4,147,569 - 4,147,569 2,943,580 4,855 1,199,134
Major Street Maintenance
92274 Bridge Maintenance & Improvements 6,670,150 6,670,150 6,670,150 1,331,867 3,425,702 1,912,582
92275 Downtown Streetscape- Phase II 3,745,839 3,745,839 3,745,839 3,042,901 702,938
92276 Traffic Calming Program 5,928,635 5,928,635 5,928,635 2,371,451 951,020 2,606,164
92277 Streets and Sidewalks 9,849,057 9,849,057 9,849,057 4,512,562 781,028 4,555,466
Sub-Total 26,193,681 26,193,681 - 26,193,681 11,258,781 5,157,750 9,777,150
Sidewalks and Bike Trail
92339 New Sidewalks 1,247,471 1,247,471 1,247,471 641,715 20,648 585,108
Sub-Total 1,247,471 1,247,471 - 1,247,471 641,715 20,648 585,108
Intersections
92559 City-Wide Intersection Improvement 799,056 799,056 799,056 1,921 797,135
92560 Signal Renovation 210,385 210,385 210,385 87,351 9,675 113,359
92561 New Signal Installation 322,877 322,877 322,877 167,097 155,780
92562 Intersection Improvements 2,447,017 2,447,017 2,447,017 14,993 2,432,024
Sub-Total 3,779,335 3,779,335 - 3,779,335 271,362 9,675 3,498,298
Parking
92649 Surf Style Condo-Parking Unit 9,400,000 9,400,000 9,400,000 100,000 9,300,000
92650 Sand Wall Replacement on Clw Bch 330,000 330,000 330,000 185,352 16,570 128,078
92652 Parking Lot Resurfacing 954,633 954,633 954,633 267,910 88,311 598,412
92653 Parking Garage Structure Repair 622,603 622,603 622,603 175,831 68,154 378,618
92654 Parking Lot Improvement 830,357 830,357 830,357 84,769 11,500 734,088
92655 Clwtr Bch Sand Dune Mitigation 80,000 80,000 80,000 15,800 50,148 14,052
Sub-Total 12,217,593 12,217,593 - 12,217,593 829,662 234,683 11,153,248
Miscellaneous Engineering
92839 Downtown Intermodal 621,078 621,078 621,078 519,967 101,111
92840 St. Petersburg Times Property 2,500,000 2,500,000 2,500,000 2,058,465 441,535
92841 Miscellaneous Engineering 193,396 193,396 193,396 74,930 5,985 112,481
92844 Centennial Monument 0 0 650,000 650,000 0 576,522 73,478 2
Sub-Total 3,314,474 3,314,474 650,000 3,964,474 2,653,361 582,507 728,606
Land Acquisition
93133 Park Land Acquisition 0 235,000 287,000 522,000 122,807 399,193 3
Sub-Total - 235,000 287,000 522,000 122,807 - 399,193
21
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2014 to March 31, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Park Development
93203 Carpenter Field-Infras Rep/Improve 419,380 419,380 419,380 353,044 66,336
93205 Brighthouse Field Infrastructure Imp 1,015,345 1,015,345 1,015,345 930,504 48,276 36,565
93247 Fitness Equipment Replacement 255,000 255,000 255,000 194,175 60,825
93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 3,135,000 240,614 2,894,386
93263 Public Art Maintenance 1,498 1,498 1,498 1,498
93271 Swimming Pool R&R 671,573 671,573 671,573 548,040 9,500 114,033
93272 Bicycle Paths-Bridges 3,353,896 3,599,196 3,599,196 2,407,412 860,829 330,954
93273 Restrooms on Clearwater Beach 923,000 923,000 (13,882) 909,118 909,118 0 C 4
93277 Harborview Infra Repair/Improve 635,451 635,451 635,451 503,011 132,441
93278 Long Center Infra Repairs 625,183 625,183 625,183 535,102 90,081
93286 Parking Lot/Bike Path Rsr/Imprv 656,943 656,943 656,943 541,116 115,827
93602 Sp Events Equip Rep & Rplcmnt 235,000 235,000 235,000 198,936 36,064
93604 Brdwlks & Docks Rep & Rplcmnt 417,000 417,000 417,000 257,903 159,097
93608 Miscellaneous Minor Public Art 253,061 253,061 253,061 117,847 15,852 119,361
93612 McMullen Tennis Complex 400,000 400,000 400,000 6,691 393,309
93618 Miscellaneous Park & Rec Contract 170,000 170,000 170,000 148,785 20,774 441
93623 Capitol Theatre 8,305,936 8,305,936 8,305,936 7,551,989 753,947
93624 Pier 60 Park Repairs and Improvements 510,000 510,000 13,882 523,882 146,933 68,272 308,677 6
93625 Enterprise Dog Park - Phase II 400,000 400,000 400,000 400,000
93626 FDOT Median & ROW Enhancement 340,206 340,206 340,206 211,206 6,829 122,171
93628 Carpenter/Bright House Fld Imp 32,482 32,482 32,482 32,482
93629 North Greenwood Athletic Fields 651,825 651,825 651,825 607,119 5,669 39,037
93630 Sid Lickton Complex Renovations 3,298,146 3,298,146 (3,528) 3,294,618 3,294,618 0 C 7
93631 Phillip Jones Park Renovations 1,097,490 1,097,490 1,097,490 861,501 761 235,228
93633 Pier 60 Park Repairs and Improvements 160,000 160,000 160,000 125,075 28,939 5,986
93634 Concrete Sidewalk & Pad Repair 163,176 163,176 163,176 57,639 105,537
93635 Park Amenity Purch & Rplcmnt 182,800 182,800 182,800 111,912 7,105 63,783
93636 Tennis Court Resurfacing 105,310 105,310 105,310 23,216 43,560 38,534
93637 Playground & Fitness Purch & Rplc 337,079 337,079 337,079 198,440 11,166 127,473
93638 Fencing Replacement Program 204,664 204,664 204,664 80,999 4,600 119,065
93639 Marina District Boardwalk & Entry Node 606,510 606,510 606,510 86,146 64,564 455,800
93640 Bright House Repairs 701,272 1,477,486 1,477,486 881,088 401,304 195,093
93642 Phillip-Jones Restroom/Concession 220,000 220,000 220,000 5,085 67,600 147,315
93643 John Deere Utility Tractor 40,000 40,000 40,000 40,000 0
93644 Joe DiMaggio Press Box Storage 400,000 400,000 400,000 28,122 371,666 212
93645 Joe DiMaggio Multi Field Reno 0 148,000 148,000 55,516 41,413 51,071
93646 Rest Rm Expan-Barefoot Bch House 0 301,000 301,000 1,179 750 299,071
Sub-Total 30,924,226 32,394,740 (3,528) 32,391,212 22,220,081 2,119,431 8,051,700
Marine Facilities
93403 Beach Guard Facility Maint 140,000 140,000 140,000 109,884 30,116
93405 Downtown Boat Slips 12,693,770 12,693,770 12,693,770 12,282,951 17,200 393,619
93410 Clwr Harbor Marina Maintenance 75,000 75,000 75,000 45,409 29,591
93412 City-wide Seawall Replacement 1,581,000 1,581,000 1,581,000 721,201 242,397 617,401
93415 Waterway Maintenance 260,000 260,000 260,000 32,529 227,471
93417 Pier 60 Refurbishment 600,000 600,000 600,000 596,789 3,211
93418 Utilities Services Replacement 137,714 137,714 137,714 91,361 46,353
93419 Dock Replacement & Repair 81,727 81,727 81,727 42,881 8,890 29,956
93420 Fuel System R & R 57,752 57,752 57,752 20,576 37,176
93421 Marine Facilities Dredging & Maint 68,715 68,715 68,715 61,630 7,085
93422 Dredging of City Waterways 246,204 246,204 246,204 60,889 51,960 133,355
93495 Dock Construction 24,858 24,858 24,858 24,858 0
93497 Docks & Seawalls 1,186,085 1,186,085 1,186,085 552,272 633,813
93499 Pier 60/Sailing Center Maint 261,952 261,952 261,952 228,870 33,082
Sub-Total 17,414,777 17,414,777 - 17,414,777 14,872,100 320,447 2,222,230
Airpark
94817 Airpark Maint & Repair 149,000 149,000 149,000 134,831 14,169
94871 Airpark Run/Taxi Exten & Rehab 2,000,000 2,000,000 2,000,000 1,985,083 12,341 2,576
94881 Airpark Hangar Rehabilitation 200,000 200,000 200,000 168,670 1,653 29,677
94882 Rehabilitation of Hanger "D"500,000 625,000 625,000 5,407 586,753 32,840
Sub-Total 2,849,000 2,974,000 - 2,974,000 2,293,991 600,747 79,262
22
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2014 to March 31, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Libraries
93527 Books & Other Lib Mat - II 7,796,601 7,796,601 7,796,601 7,083,877 44,768 667,955
93528 Countryside Library Renovation 7,102,668 7,102,668 373,918 7,476,586 3,499,301 2,786,607 1,190,678 5
93529 Main Library Entryway Improve 130,000 130,000 130,000 77,739 52,261
93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 6,250,000 6,250,000
Sub-Total 21,279,269 21,279,269 373,918 21,653,187 10,660,918 2,831,375 8,160,895
Garage
94233 Motorized Equip-Cash II 1,370,656 1,370,656 1,370,656 1,090,702 69,074 210,881
94238 Police Vehicles 1,600,001 1,600,001 1,600,001 1,233,845 134,230 231,927
94241 Motorized Equipment Replace - L/P 19,126,392 19,126,392 19,126,392 10,191,857 4,042,379 4,892,156
94242 Overhead Crane 48,000 48,000 48,000 48,000 0 C
94243 Radio P25 Upgrade 2,000,000 2,000,000 1,076,108 3,076,108 596,849 1,392,648 1,086,611 8
Sub-Total 24,145,049 24,145,049 1,076,108 25,221,157 13,161,252 5,638,330 6,421,575
Maintenance of Buildings
94510 Air Cond Replace-City Wide 2,771,538 2,771,538 2,771,538 2,549,514 222,024
94512 Roof Repairs 680,345 680,345 680,345 644,972 35,373
94514 Roof Replacements 1,990,352 1,990,352 1,990,352 1,337,564 652,788
94517 Painting of Facilities 1,017,720 1,017,720 1,017,720 679,792 18,731 319,197
94518 Fencing of Facilities 164,811 164,811 164,811 122,415 42,396
94519 Flooring for Facilities 988,952 988,952 988,952 746,604 18,431 223,918
94521 Elevator Refurbish/Modernization 280,000 280,000 280,000 167,196 267 112,537
94528 Light Replacement & Repair 279,931 279,931 279,931 214,523 65,408
94529 MSB Restroom Renovations 65,000 65,000 65,000 5,010 59,990
94530 Building Systems 250,000 250,000 250,000 30,796 17,921 201,283
94624 Harborview Demolition 950,000 950,000 950,000 60,747 889,253
94625 Development Services Center 1,151,160 1,151,160 1,151,160 66,702 1,084,458
Sub-Total 10,589,809 10,589,809 - 10,589,809 6,625,835 55,349 3,908,625
Miscellaneous
94729 City-wide Connect Infra 2,106,478 2,106,478 2,106,478 1,696,098 1,501 408,879
94736 Geographic Information Sys 1,052,726 1,052,726 1,052,726 1,024,206 28,520
94761 Poll Stor Tank Rem/Repl-Gen Fd 533,658 533,658 533,658 244,249 289,409
94803 Environmental Assmt & Clean-up 990,964 990,964 990,964 715,793 275,171
94814 Network Infra & Server Upgrade 2,985,057 2,985,057 2,985,057 2,334,869 42,219 607,970
94820 HR PeopleSoft Upgrade 450,000 450,000 450,000 143,462 306,538
94824 IT Disaster Recovery 400,000 400,000 400,000 285,334 1,875 112,790
94827 Telecommunications Upgrade 479,000 479,000 479,000 334,953 10,665 133,382
94828 Financial Systems Upgrades 976,628 976,628 976,628 225,243 2,938 748,448
94829 CIS Upgrades / Replacement 847,376 847,376 847,376 318,999 42,168 486,209
94830 MS Licensing / Upgrades 775,000 775,000 775,000 504,143 270,857
94833 Computer Monitors 320,000 320,000 320,000 318,430 1,570
94839 Roadway & Traffic Asset Mgt 440,000 440,000 440,000 297,300 90,278 52,422
94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 400,000 12,390 387,610
94850 Backfile Conversion of Records 500,000 500,000 500,000 155,084 344,612 304
94857 Accela Permitting & Code Enforce 250,000 250,000 250,000 66,123 4,200 179,677
94861 Library Technology 1,250,000 1,250,000 1,250,000 744,532 23,243 482,225
94873 Citywide Camera System 160,000 160,000 160,000 109,452 50,548
94874 City Enterprise Timekeeping System 185,000 185,000 185,000 161,897 23,103
94878 Asset Management Upgrade 120,000 120,000 120,000 120,000
94879 Aging Well Center Tech Upgrade 105,000 105,000 105,000 105,000
94880 Granicus Agenda Management Sys 60,000 60,000 60,000 41,136 18,864
94883 Business Process Review & Improvements 150,000 150,000 150,000 150,000
Sub-Total 15,536,887 15,536,887 - 15,536,887 9,733,693 563,699 5,239,495
23
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2014 to March 31, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
UTILITIES
Stormwater Utility
96124 Storm Pipe System Improvements 17,324,338 17,324,338 17,324,338 11,422,952 2,212,243 3,689,143
96125 Town Lake 8,843,010 8,771,668 8,771,668 8,771,669 0 C
96129 Stevenson Creek Estuary Restoration 6,967,225 6,967,225 6,967,225 6,275,363 691,862
96137 FDEP Compliance 1,008,000 981,830 981,830 981,830 0 C
96164 Allen's Creek Improvement Projects 499,250 499,250 499,250 381,097 19,435 98,718
96168 Stormwater System Expansion 2,457,956 2,457,956 2,457,956 112,630 10,130 2,335,196
96169 Stevenson Creek 4,717,122 3,967,122 3,967,122 2,908,752 260,272 798,098
96170 Coastal Basin Projects 7,193,178 6,293,178 6,293,178 3,377,903 9,108 2,906,168
96173 Alligator Creek Watershed Projects 4,666,490 2,716,490 2,716,490 997,260 68,778 1,650,452
96176 Allen's Creek Watershed Mgt Plan 200,000 200,000 200,000 105,531 17,288 77,181
96177 Jeffords Street Outfall 400,000 400,000 400,000 106,763 29,247 263,990
96178 Smallwood Circle 2,437,719 2,437,719 2,437,719 1,151,750 553,592 732,377
96179 Tropic Hills Phase III 1,291,326 1,291,326 1,291,326 1,291,326 0 C
96180 Stormwater Maint St Sweeping Fac 376,511 683,004 683,004 301,963 11,525 369,516
96181 Jeffords Street Channel 1,596,362 1,396,272 1,396,272 1,396,273 0 C
96183 Mandalay Ave Outfall 1,600,000 1,440,593 1,440,593 1,440,593 0 C
96184 Magnola Drive Outfall 3,100,000 3,100,000 3,100,000 212,118 51,024 2,836,857
96185 Woodlawn Terrace Floodplain Storage 1,006,620 1,006,620 1,006,620 842,873 26,560 137,187
96186 Hillcrest Bypass Culvert 0 3,900,000 3,900,000 255,691 3,644,309
96187 Mango Outfall 0 1,800,000 1,800,000 146,400 1,653,600
96188 East Gateway Improvements 0 1,500,000 1,500,000 404,680 1,095,320
Sub-Total 65,685,107 69,134,592 - 69,134,592 42,078,645 4,075,973 22,979,975
Water System
96721 System R & R - Maintenance 3,666,799 3,666,799 3,666,799 2,118,718 746 1,547,335
96739 Reclaimed Water Dist Sys 63,271,459 63,271,459 63,271,459 60,521,562 360,057 2,389,840
96740 Water Supply/Treatment 5,870,430 5,870,430 5,870,430 4,996,910 32,512 841,008
96741 System R & R-Capitalized 10,236,996 10,236,996 10,236,996 8,440,050 15,599 1,781,347
96742 Line Relocation-Capitalized 12,364,511 12,364,511 (25) 12,364,486 10,508,048 202,818 1,653,620 18
96743 Mtr Bkflow Prev Dev/Change 4,324,046 4,324,046 4,324,046 3,298,247 1,025,799
96744 System Expansion 2,174,673 2,174,673 2,174,673 2,042,251 132,422
96752 Water Service Lines 4,892,119 4,892,119 4,892,119 3,605,553 61,125 1,225,441
96764 RO Plant Exp Res #1 16,865,751 16,865,751 16,865,751 15,650,877 765,378 449,496
96766 Water Quality Monitoring Devices 600,000 600,000 600,000 8,255 591,745
96767 RO Plant at Res #2 44,948,968 44,948,968 44,948,968 41,992,165 2,456,840 499,962
96768 Rebate Well, Lk, Pnd Irr Abandmt 250,000 250,000 250,000 106,208 143,792
96773 Groundwater Replenishment Facility 6,705,833 6,705,833 6,705,833 2,733,156 28,608 3,944,069
96774 Automated Meter Reading 2,300,000 2,300,000 2,300,000 71,860 2,228,140
96775 Arsenic Treatment WTP #3 1,359,420 1,359,420 1,359,420 96,648 50,534 1,212,239
96777 Water Supply Pick-up Trucks 120,000 120,000 120,000 34,288 85,712
96778 Fork Lift 30,000 30,000 30,000 23,953 6,047
96779 Trench Box 65,000 65,000 65,000 65,000
Sub-Total 180,046,005 180,046,005 (25) 180,045,980 156,248,750 3,974,216 19,823,014
Sewer System
96202 WWTP Screw Pump Replacement 4,849,383 4,849,383 4,849,383 3,486,435 936,636 426,313
96204 WWTP UV Disinfections System 1,225,986 1,225,986 1,225,986 808,745 42,025 375,215
96205 Industrial Pretreatment Vehicle 25,000 22,584 22,584 22,584 0 C
96206 Maintenance Vehicle 26,000 18,121 18,121 18,121 0 C
96207 Mini Dump Truck 50,000 50,000 50,000 50,000
96208 Bobcat E35 Compact Excavator 27,000 40,000 40,000 27,000 13,000
96611 Bio-Solids Treatment 9,191,761 9,191,761 1,484 9,193,245 7,717,744 10,335 1,465,166 17
96615 Odor Control 2,172,523 2,157,094 2,157,094 1,927,302 229,792
96619 WWTP Generator Replacements 4,211,383 4,411,383 4,411,383 3,015,580 1,162,220 233,583
96621 WWTP New Presses 3,402,580 3,402,580 3,402,580 3,388,052 14,528
96630 Sanitary Sewer Extension 11,609,894 11,572,866 11,572,866 5,159,261 3,741,796 2,671,809
96634 Sanitary Util Reloc Accmmdtn 5,291,813 5,291,813 5,291,813 3,759,814 123,075 1,408,924
96645 Laboratory Upgrade & R&R 2,166,259 1,966,259 1,966,259 1,456,865 227,738 281,656
96654 Facilities Upgrade & Improvement 19,193,882 19,763,708 19,763,708 14,404,575 2,809,311 2,549,822
96664 WPC R & R 23,389,964 23,389,964 23,389,964 17,788,659 2,189,655 3,411,649
96665 Sanitary Sewer R&R 27,628,789 27,628,789 27,628,789 21,447,912 4,500,466 1,680,412
96666 WWTP East Bypass & NE Pump 2,586,522 2,586,522 2,586,522 2,325,971 260,551
96686 Pump Station Replacement 18,276,977 18,276,977 18,276,977 15,624,921 125,420 2,526,636
Sub-Total 135,325,716 135,845,790 1,484 135,847,274 102,352,539 15,895,677 17,599,057
24
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2014 to March 31, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Gas System
96358 Environmental Remediation 2,404,794 2,404,794 2,404,794 1,385,890 175,902 843,002
96365 Line Relocation-Pinellas Maint 1,906,927 984,106 984,106 502,528 84,670 396,908
96367 Gas Meter Change Out-Pinellas 1,540,000 3,215,000 (80,000) 3,135,000 2,045,457 1,089,543 9
96374 Line Relocation-Pinellas Capitalized 2,586,983 2,586,983 66,496 2,653,479 2,239,879 413,600 10
96376 Line Relocation - Pasco Maint 880,000 380,000 28,593 408,593 84,756 323,837 11
96377 Pinellas New Main / Service Lines 24,534,656 25,344,656 40,188 25,384,844 22,200,469 192,458 2,991,917 12
96378 Pasco New Mains / Service Lines 11,226,538 12,226,538 30,960 12,257,498 9,846,849 253,111 2,157,538 13
96379 Pasco Gas Meter Change Out 1,070,000 467,821 80,000 547,821 452,279 95,542 14
96381 Line Reloc-Pasco-Capitalized 905,000 255,000 21,192 276,192 2,601 273,591 15
96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 838,843 153,157
96384 Gas Building Renovation 1,649,675 1,649,675 1,649,675 496,782 1,152,893
96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 1,012,066 545,779
96386 Expanded Energy Conservation 2,978,418 2,978,418 5,752 2,984,170 2,666,886 90,946 226,338 16
96387 Natural Gas Vehicle 4,100,000 4,100,000 4,100,000 3,718,172 381,829
96389 Future IMS Software & Hardware 200,000 200,000 200,000 56,274 143,726
Sub-Total 58,532,836 59,342,836 193,181 59,536,017 47,549,731 797,087 11,189,199
Solid Waste
96426 Facility R & R 2,152,608 2,152,608 2,152,608 1,528,680 18,632 605,296
96443 Res Container Acquisition-II 1,491,741 1,491,741 1,491,741 1,057,438 434,303
96444 Comm Container Acquisition-II 2,990,020 2,990,020 2,990,020 2,161,260 41,455 787,305
96445 Solar Trash & Recycling Kiosks 189,414 189,414 189,414 189,414 0
96446 Single Stream Recycling Carts 1,500,000 1,484,275 1,484,275 1,484,275 0 C
96447 Transfer Station Rebuild 0 1,000,000 1,000,000 1,000,000
Sub-Total 8,323,783 9,308,058 - 9,308,058 6,421,066 60,087 2,826,904
Utility Miscellaneous
96516 Citywide Aerial Photo 159,533 159,533 159,533 151,596 7,937
96523 Pub Utilities Adm Bldg R&R 634,184 634,184 634,184 526,551 2,987 104,646
Sub-Total 793,717 793,717 - 793,717 678,146 2,987 112,583
Recycling
96804 Recycling Carts/Dumpsters 850,925 866,650 866,650 555,441 2,928 308,282
96805 Recycling Expansion/Particip/R&R 1,271,525 1,271,525 1,271,525 879,780 53,314 338,431
96809 Recyc Processing Ctr Expand & Upgrade 1,000,000 1,000,000 1,000,000
Sub-Total 2,122,450 3,138,175 - 3,138,175 1,435,220 56,242 1,646,713
TOTAL ALL PROJECTS 650,964,903 659,542,947 2,614,010 662,156,957 472,517,439 44,137,910 145,501,608
25
Special Program Fund
Mid Year
Budget Amendments
October 1, 2014 - March 31, 2015
Increase/
Amdmt Program (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Public Safety Programs
AmeriCorps Clearwater 2015
1 99212 66,194
To record a budget increase of $66,194 in grant revenue
from Volunteer Florida to fund the AmeriCorps program for
2015 as approved by the Council on December 15,2014.
The total grant funding approved for the program is
$148,346;this amendment is necessary to correct the first
quarter amendment which established the grant portion of
the program at only $82,152.66,194
2013 RRT - Investigative Cost Recovery - CLOSE PROGRAM
2 99243 (1,368)
To record a transfer of $1,367.66 in fines,forfeitures and
penalties revenue to program 181-99329,Investigative Cost
Recovery.This will return unspent revenue to the original
program and close this completed program.(1,368)
AmeriCorps Clearwater 2013 - CLOSE PROGRAM
3 99246 (24,754)
To record a budget reduction of $24,754.31 in grant
revenue to bring the budget in line with actual revenue
received and close this completed program.(24,754)
Police Education Fund
4 99317 7,149
To record a budget increase of $7,149.17 in police
education fine revenue to bring the budget in line with actual
receipts.7,149
Investigative Cost Recovery
5 99329 38,363 1,368
To record a budget increase of $5,039.22 in grant revenue
from the US Department of Justice,an increase of
$31,553.97 in fines,forfeitures and penalties revenue,and
an increase of $1,769.36 in overtime reimbursement revenue
to bring the budget in line with actual receipts.
To record a transfer of $1,367.66 in fines,forfeitures and
penalties revenue from closed program 181-99243,2013
RRT - Investigative Cost Recovery.39,730
Florida Contraband Forfeiture Fund
6 99330 29,963
To record a budget increase of $29,838.70 in fines,
forfeitures and penalties revenue,and a increase of $124.59
in reimbursement revenue to bring the budget in line with
actual receipts.29,963
Vehicle Replacement
7 99350 4,652
To record a transfer of $4,651.50 in police services revenue
from program 181-99908,Extra Duty Program.This
represents revenue collected for vehicle usage on extra duty
jobs.4,652
26
Special Program Fund
Mid Year
Budget Amendments
October 1, 2014 - March 31, 2015
Increase/
Amdmt Program (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Federal Forfeiture Sharing
8 99387 61,154
To record a budget increase of $61,153.53 in grant revenue
from the US Department of Justice to bring the budget in line
with actual receipts.61,154
Police - Outside Duty
9 99908 182,980 (4,652)
To record a budget increase of $182,979.50 in Police
Services revenue to bring the budget in-line with actual
revenue received.
To record a budget transfer of $4,651.50 in Police Services
revenue to project 181-99350,Vehicle Replacement.This
represents revenue collected for vehicle usage on extra duty
jobs.178,328
Public Safety Program
Totals:361,048 - 361,048
Miscellaneous Programs:
Next Steps to Better Nutrition - NEW PROGRAM
10 98601 10,000
To establish the program and record a budget increase of
$10,000 in grant revenue from the National Council on Aging
as approved by the Council on April 16, 2015.10,000
Special Events
11 99865 692,984
To record a budget increase of $692,984.34;representing
increases of $13,106.38 in rental income,$64,189.20 in
sponsorship revenue,$1,400.00 in memberships and
registrations,$596,863.43 in sales revenue,and $17,425.33
in reimbursements,which will bring the budget in line with
actual receipts for the quarter. 692,984
Health Prevention Program
12 99869 37,500
To record a budget increase of $37,500 in grant revenue
from the Florida Department of Health as approved by the
Council on April 16, 2015.37,500
27
Special Program Fund
Mid Year
Budget Amendments
October 1, 2014 - March 31, 2015
Increase/
Amdmt Program (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Library Special Account
13 99910 560
To record a budget increase of $560.00 in donation
revenue to bring the budget in line with actual receipts.560
Tree Replacement Program
14 99970 11,616
To record a budget increase of $11,616.00 in fines
forfeiture and penalty revenue to bring the budget in line with
actual receipts.11,616
Miscellaneous Programs
Total:752,660 - 752,660
Grand
Total:1,113,708 - 1,113,708
28
SPECIAL PROGRAM STATUS SUMMARY
MID YEAR REVIEW: October 1, 2014 to March 31, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/01/2014 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
PLANNING PROGRAMS
99566 Clearwater Dwntwn Partnership Grant 500 500 - 500 458 - 42
99857 Stimulus - Electronic Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073
Sub-Total 289,500 289,500 - 289,500 150,385 - 139,115
PUBLIC SAFETY PROGRAMS
99206 2014 Report Review Team Program 111,979 58,283 - 58,283 39,771 - 18,512
99207 Bulletproof Vests 165,000 165,000 - 165,000 62,074 - 102,926
99208 FDOT HVE Ped/Bicycle Safety Grnt - 94,230 - - 51,439 - (51,439)
99209 Clearwater Cold Case Team 2014 - 30,671 - 30,671 3,421 - 27,250
99211 2014 RRT Invest Cost Recovery - 53,696 - 53,696 3,706 - 49,990
99212 AmeriCorps Clearwater 2015 - 166,246 66,194 232,440 50,319 - 182,121 1
99241 Human Trafficking Overtime 87,000 87,000 - 87,000 50,379 - 36,621
99242 Human Trafficking Zonta Club 5,913 5,913 - 5,913 5,566 - 347
99243 2013 RRT - Invest Cost Recovery 52,377 52,377 (1,368) 51,009 51,009 - 0 C 2
99244 AmeriCorps 2014 259,187 259,187 - 259,187 254,921 - 4,266
99246 AmeriCorps 2013 270,606 262,423 (24,754) 237,669 237,669 - 0 C 3
99264 School Resource Officers 1,492,391 1,803,512 - 1,803,512 1,703,346 - 100,166
99279 Police Recruitments 65,155 68,282 - 68,282 54,738 - 13,544
99281 Fed Forfeitures - Treasury 150,433 151,453 - 151,453 120,171 - 31,282
99316 Police Volunteers 125,921 132,179 - 132,179 117,540 - 14,639
99317 Police Education Fund 1,220,199 1,230,976 7,149 1,238,125 1,126,824 - 111,301 4
99325 Citizen's Police Academy 39,113 30,356 - 30,356 30,356 - 0 C
99329 Investigative Recovery Costs 1,927,724 1,990,413 39,730 2,030,144 1,575,414 2,096 452,634 5
99330 FL Contraband Forfeiture Fnd 1,144,565 895,247 29,963 925,210 606,927 - 318,283 6
99331 Law Enforcement Trust Fund 2,741,235 2,673,065 - 2,673,065 2,575,120 - 97,945
99350 Vehicle Replacement Fund 243,220 254,970 4,652 259,622 32,257 - 227,365 7
99356 Safe Neighborhood Program 640,046 798,803 - 798,803 639,436 40,000 119,367
99364 Crime Prevention Program 24,204 47,386 - 47,386 31,204 - 16,182
99387 Federal Forfeiture Sharing 1,706,496 1,780,080 61,154 1,841,233 1,305,441 94,745 441,047 8
99908 Police - Outside Duty 8,680,187 9,004,154 178,328 9,182,482 9,156,120 - 26,362 9
Sub-Total 21,152,950 22,095,900 361,048 22,362,718 19,885,168 136,841 2,340,709
COMMUNITY DEVELOPMENT
99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666
99732 Housing Rehab 2013 161,152 161,152 - 161,152 160,182 - 970
99737 Public Facilities 2014 180,000 180,000 - 180,000 130,000 - 50,000
99738 Economic Development 2014 50,960 50,960 - 50,960 5,609 - 45,351
99739 Housing Rehab 2014 539,578 539,578 - 539,578 118,230 - 421,348
99740 Program Administration 2014 151,297 151,297 - 151,297 144,778 - 6,519
99741 Relocation/Demolition 2014 27,979 27,979 - 27,979 - - 27,979
99742 Infill Housing 2014 71,585 71,585 - 71,585 10,000 - 61,585
99743 Public Services 2014 128,620 128,620 - 128,620 120,357 - 8,263
99744 Economic Development Incentives 292,500 292,500 - 292,500 - - 292,500
99745 Public Facilities 2015 150,000 150,000 - 150,000 - 150,000 0
99746 Economic Development 2015 10,000 10,000 - 10,000 2,777 - 7,223
99747 Housing Rehab 2015 276,051 276,051 - 276,051 62,188 - 213,863
99748 Program Administration 2015 145,259 145,259 - 145,259 57,007 - 88,252
99750 Infill Housing 2015 10,000 10,000 - 10,000 2,777 - 7,223
99751 Public Services 2015 134,988 134,988 - 134,988 74,724 54,944 5,320
99888 ULI Report Implementation - 500,000 - 500,000 - - 500,000
Sub-Total 2,444,968 2,944,968 - 2,944,968 937,963 204,944 1,802,061
SOCIAL SERVICES
99538 Affordable Housing Imp Fees 426,257 429,677 - 429,677 163,019 - 266,658
99562 HUD Special Education 30,000 30,000 - 30,000 27,200 - 2,800
Sub-Total 456,257 459,677 - 459,677 190,219 - 269,458
29
SPECIAL PROGRAM STATUS SUMMARY
MID YEAR REVIEW: October 1, 2014 to March 31, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/01/2014 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
MARINE
99704 Sembler Mitigation Project 690,456 697,679 - 697,679 134,480 - 563,199
Sub-Total 690,456 697,679 - 697,679 134,480 - 563,199
MISCELLANEOUS PROGRAMS
98601 Next Steps to Better Nutrition - - 10,000 10,000 420,381 - (410,381) 10
99802 Brownfield Revolving Loan 1,200,000 1,200,000 - 1,200,000 420,381 - 779,619
99844 United Way 6,080 7,580 - 7,580 6,896 - 684
99846 Economic Development - QTI 85,729 85,729 - 85,729 52,116 - 33,613
99860 Strategic Direction Action Plan 250,000 250,000 - 250,000 234,750 12,500 2,750
99864 Clearwater Gateway Farmer's Mkt 20,000 20,000 - 20,000 8,808 - 11,192
99865 Special Events 2,623,672 3,230,896 692,984 3,923,881 3,304,317 144,285 475,279 11
99867 Centennial Celebration 150,000 150,000 - 150,000 99,496 12,229 38,275
99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,278
99869 Health Prevention Program 106,301 106,301 37,500 143,801 92,847 50,954 12
99871 State Brownfields Redevelopment Acct 165,078 165,288 - 165,288 154,551 9,333 1,404
99872 Coordinated Child Care - Ross Norton 749,216 1,151,658 - 1,151,658 545,036 - 606,622
99910 Library Special Account 748,635 755,135 560 755,695 727,108 - 28,587 13
99925 Peg Access Support 838,261 838,261 - 838,261 796,977 29,995 11,289
99927 Emergency Operations 5,174,659 5,174,659 - 5,174,659 2,989,678 - 2,184,981
99928 Nagano Sister City Program 100,389 101,864 - 101,864 90,368 10,000 1,496
99950 IDB Fees 54,131 54,131 - 54,131 32,830 - 21,301
99970 Tree Replacement Project 1,267,524 1,333,869 11,616 1,345,485 724,404 6,575 614,506 14
99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612
Sub-Total 14,260,874 15,346,570 752,660 16,099,231 11,301,254 224,917 4,573,060
TOTAL ALL PROJECTS 39,295,006 41,834,294 1,113,708 42,853,772 32,599,469 566,702 9,687,602
30
City of Clearwater
SPECIAL DEVELOPMENT FUND
Mid Year
FY 2014/15
Increase/
(Decrease)Description
Revenues
Allocation of Assigned Fund Balance 535,918
Mid year amendments to Special Development Fund
revenues reflect a net increase of $535,918.
Amendments include:1)an allocation of $248,918 in
Sales Tax Infrastructure revenues to capital project
315-93528,Countryside Library Renovation as
approved by the council on April 16,2015;and 2)an
allocation of $287,000 of Recreation Land Impact
Fees to project 315-93133,Park Land Acquisition as
approved by the Council on April 16, 2015.
535,918$ Net Revenue Amendments
Expenditures
Transfer to Capital Improvement Fund 532,390
Mid year expenditure amendments reflect the
following:1)a transfer of $248,918 in Sales Tax
Infrastructure revenues to capital project 315-93528,
Countryside Library Renovation as approved by the
Council on April 16,2015;2)a transfer of $287,000 of
Recreation Land Impact Fees to project 315-93133,
Park Land Acquisition as approved by the Council on
April 16,2015;and 3)the return of $3,527.93 in
Sales Tax Infrastructure revenue from closed capital
project 315-93630, Sid Lickton Complex Renovations.
532,390$ Net Expenditure Amendments
31
SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS
Mid Year: October 1, 2014 - March 31, 2015 Third Quarter: October 1, 2014 - June 30, 2015
Original First Quarter Mid Year
Budget Amended Budget Amended Budget
2014/15 2014/15 2014/15 Amendments
SPECIAL DEVELOPMENT FUND SPECIAL DEVELOPMENT FUND
Revenues:
Ad Valorem Taxes 1,920,480 1,920,480 1,920,480
Infrastructure Tax 9,453,580 9,453,580 9,453,580
Interest Earnings 35,000 35,000 35,000
Open Space Fees 20,000 20,000 20,000
Recreation Facility Impact Fees 25,000 25,000 25,000
Recreation Land Impact Fees 25,000 25,000 25,000
Transportation Impact 151,180 151,180 151,180
Local Option Gas Tax 1,424,090 1,424,090 1,424,090
Allocation of Assigned Fund Balance 1,770,630 2,280,630 2,816,548 535,918
14,824,960 15,334,960 15,870,878 535,918
Expenditures:
Transfer to Capital Improvement Fund
Road Millage 1,920,480 1,920,480 1,920,480
Infrastructure Tax 6,972,740 7,247,740 7,493,130 245,390
Recreation Facility Land Fees - 230,300 517,300 287,000
Transportation Impact fees 190,000 190,000 190,000
Local Option Gas Tax 1,424,090 1,424,090 1,424,090
Infrastructure Tax - Interfund Transfer 3,500,000 3,500,000 3,500,000
Infrastructure Tax - Debt on Internal Loans 712,650 712,650 712,650
14,719,960 15,225,260 15,757,650 532,390
32
SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS
Mid Year: October 1, 2014 - March 31, 2015 Third Quarter: October 1, 2014 - June 30, 2015
Original First Quarter Mid Year
Budget Amended Budget Amended Budget
2014/15 2014/15 2014/15 Amendments
SPECIAL PROGRAM FUND
Revenues:
CDBG/Home Funds 1,026,250 1,026,250 1,026,250
Interest Earnings 50,000 76,225 76,225
Grant Funds - 290,104 445,237 155,132
Other Governmental Revenue - 402,442 402,442
Police Fines and Court Proceeds - 196,123 276,280 80,158
Donations - 21,707 22,267 560
Sales - 230,423 827,286 596,863
Rentals - 14,025 27,132 13,106
Sponsorships - 67,218 131,407 64,189
Memberships/Registrations - 4,000 5,400 1,400
Contractual Services - 510,521 712,820 202,299
Transfers from General Fund - 776,500 776,500
Sister City Program 3,000 3,000 3,000
Special Events 70,000 70,000 70,000
Bullet Proof Vests 165,000 165,000 165,000
1,314,250 3,853,539 4,967,247 1,113,708
Expenditures:
CDBG/Home Funds 1,026,250 1,026,250 1,026,250
Planning - - -
Public Safety - 942,950 *1,303,997 361,048
Community Development - - -
Social Services - 3,420 3,420
Marine - 7,223 7,223
Sister City Program 3,000 3,000 3,000
Special Event Funding 70,000 70,000 70,000
Bullet Proof Vests 165,000 165,000 165,000
Other Miscellaneous Programs - 1,585,696 *2,338,357 752,660
1,264,250 3,803,539 4,917,247 1,113,708
* reclassified first quarter Police - Outside Duty Program amendment from Other Miscellaneous Programs to Public Safety
LOCAL HOUSING ASSISTANCE TRUST FUND
Revenues:
SHIP Funds 499,550 499,550 499,550
Expenditures:
SHIP Program 499,550 499,550 499,550
499,550 499,550 499,550 -
33
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
Mid Year Review
FY 2014/15
34
In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders
without City Council approval within certain limitations.
The following change orders have been administratively approved since the last report to the Council based on the code
specified criteria:
1. Increases do not exceed 10% over Council approved amount on a cumulative basis.
2. Change does not change the scope of a project.
3. Price increases do not require additional appropriation to the project.
4. Contract price decreases may be approved without limitation.
5. The time for completion may not be extended by more than sixty (60) days, in any one change or
cumulatively for the same project.
*****
03/09/15 Administrative Change Order #2 – East WRF Generator & MS WRF Lab
Electrical Improvements (11-0025-UT). This change order is needed to add items
according to field conditions resulting in a net increase to contract.
B.L. Smith Electric, Inc. 9,734.54
03/09/15 Administrative Change Order #1 and final – Marshall St WRF Chlorine Contact
Tank Improvements (12-0007-UT). This change order is needed for final
decreases and adds items according to field conditions resulting in a net decrease
to contract.
TLC Diversified, Inc. (21,570.00)
03/09/15 Administrative Change Order #1 – Lift Station 29, 46, 50 Improvements (13-
0047-UT). This change order is needed for increases and adds items according to
field conditions resulting in a net increase to contract.
Kloote Contracting, Inc. 34,934.80
03/16/15 Administrative Change Order #1 and final – Corona Avenue Gabions (14-0049-
EN). This change order is needed for final decreases and increases according to
field conditions resulting in a net decrease to contract.
Keystone Excavators, Inc. (131,093.50)
03/18/15 Administrative Change Order #2 – Southgate Swale (14-0026-EN). This change
order is needed for increases and adds items according to field conditions
resulting in a net increase to the contract.
Steve’s Excavating & Paving, Inc. 7,211.65
03/25/15 Administrative Change Order #4 – Countryside Library Branch (11-0059-LI).
This change order is needed to decrease items for owner direct purchases (ODP)
resulting in a net decrease to contract.
Ajax Building Corp. (76,108.00)
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
Mid Year Review
FY 2014/15
35
04/10/15 Administrative Change Order #1 and final – WTP 2 Contract 1: Remote Well
Facilities Expansion (10-0039-UT-A). This change order is needed to decrease
items for owner direct purchases (ODP), and for final decreases and adds items
due to field conditions resulting in a net decrease to contract.
Southeast Drilling Service, Inc. (399,978.85)
05/05/15 Administrative Change Order #1 – East WRF Effluent Filters Rehabilitation (13-
0014-UT). This change order is needed for decreasing the contract by owner
direct purchases (ODP), and related to ODP Sales Tax Savings resulting in a net
decrease to contract.
Poole & Kent Co. (972,564.05)
05/08/15 Administrative Change Order #2 and final – Lift Station 29, 46, 50 (13-0047-UT).
This change order is needed for final decreases and adds according to field
conditions resulting in a net decrease to contract.
Kloote Contracting, Inc. (17,716.25)
Ordinance No. 8743-15 36
ORDINANCE NO. 8743-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2015 TO REFLECT
INCREASES AND DECREASES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND, SOLID
WASTE AND RECYCLING FUND, GAS FUND, PARKING
FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2015, for operating
purposes, including debt service, was adopted by Ordinance No. 8585-14; and
WHEREAS, at the Mid Year Review it was found that an increase of $2,151,120 is
necessary for revenues and an increase of $1,455,619 is necessary for expenditures; and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1 of Ordinance No. 8585-14 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the
fiscal year beginning October 1, 2014 and ending September 30, 2015 a copy
of which is on file with the City Clerk, the City Council hereby adopts an
amended budget for the operation of the City, a copy of which is attached
hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL _________________________
READING AND ADOPTED
_______________________________
George N. Cretekos, Mayor
Approved as to form: Attest:
_______________________________ ________________________________
Pamela K. Akin, City Attorney Rosemarie Call, City Clerk
EXHIBIT A EXHIBIT A
2014-15 BUDGET REVENUE 2014-15 BUDGET REVENUE
First
Quarter Mid Year
Budgeted Amended Amended
Revenues Budget Budget
2014/15 2014/15 2014/15 Amendments
General Fund:
Ad Valorem Taxes 38,779,620 38,779,620 38,779,620 -
Utility Taxes 14,182,400 14,182,400 14,182,400 -
Local Option, Fuel & Other Taxes 7,604,780 7,604,780 7,604,780 -
Franchise Fees 10,090,000 10,090,000 10,090,000 -
Other Permits & Fees 2,220,500 2,220,500 2,220,500 -
Intergovernmental Revenues 19,578,310 19,587,304 19,590,820 3,516
Charges for Services 14,227,040 14,227,040 14,259,540 32,500
Judgments, Fines & Forfeitures 1,034,000 1,034,000 1,034,000 -
Miscellaneous Revenues 1,647,500 1,647,500 1,647,500 -
Transfers In 8,008,410 10,178,977 10,178,977 -
Other Financing Sources - - - -
Transfer (to) from Reserves (364,010) 1,330,605 2,005,605 675,000
Total, General Fund 117,008,550 120,882,726 121,593,742 711,016
Special Revenue Funds:
Special Development Fund 14,824,960 15,334,960 15,870,878 535,918
Special Program Fund 1,314,250 3,853,539 4,967,247 1,113,708
Local Housing Asst Trust Fund - 499,550 499,550 -
Utility & Other Enterprise Funds:
Water & Sewer Fund 71,989,410 72,293,720 72,293,720 -
Stormwater Utility Fund 17,224,640 17,850,323 17,850,323 -
Solid Waste & Recycling Fund 22,795,900 25,210,595 25,400,595 190,000
Gas Fund 42,503,420 47,387,313 46,885,413 (501,900)
Airpark Fund 268,560 270,390 270,390 -
Marine Fund 4,704,840 4,731,395 4,731,395 -
Clearwater Harbor Marina 652,500 656,460 656,460 -
Parking Fund 4,319,810 4,355,000 4,457,378 102,378
Harborview Center Fund - - - -
Internal Service Funds:
Administrative Services Fund 10,342,220 10,459,460 10,459,460 -
General Services Fund 4,453,090 4,509,200 4,509,200 -
Garage Fund 14,874,540 14,932,965 14,932,965 -
Central Insurance Fund 22,856,430 22,971,437 22,971,437 -
Total, All Funds 350,133,120 366,199,033 368,350,153 2,151,120
37 Ordinance #8743-15
EXHIBIT A (Continued) EXHIBIT A (Continued)
2014-15 BUDGET EXPENDITURES 2014-15 BUDGET EXPENDITURES
First
Quarter Mid Year
Original Amended Amended
Budget Budget Budget
2014/15 2014/15 2014/15 Amendments
General Fund:
City Council 278,880 280,040 280,040 -
City Manager's Office 1,091,940 1,110,477 1,110,477 -
City Attorney's Office 1,629,360 1,653,821 1,653,821 -
City Auditor's Office 196,560 200,060 200,060 -
Economic Development & Housing Svc 1,583,830 1,649,545 1,649,545 -
Engineering 7,569,460 7,665,735 7,665,735 -
Finance 2,073,730 2,183,290 2,183,290 -
Fire 23,944,250 23,989,395 23,989,395 -
Human Resources 1,056,010 1,068,780 1,068,780 -
Library 6,070,250 6,156,870 6,156,870 -
Marine & Aviation 870,720 880,470 912,970 32,500
Non-Departmental 3,941,910 6,705,994 7,380,994 675,000
Office of Management & Budget 313,570 313,570 313,570 -
Official Records & Legislative Svcs 1,002,630 1,015,675 1,015,675 -
Parks & Recreation 22,360,110 22,660,240 22,660,240 -
Planning & Development 4,887,680 5,035,445 5,035,445 -
Police 36,849,710 37,012,289 37,015,805 3,516
Public Communications 1,012,470 1,025,550 1,025,550 -
Public Utilities 275,480 275,480 275,480 -
Total, General Fund 117,008,550 120,882,726 121,593,742 711,016
Special Revenue Funds:
Special Development Fund 14,719,960 15,225,260 15,757,650 532,390
Special Program Fund 1,264,250 3,803,539 4,917,247 1,113,708
Local Housing Asst Trust Fund 499,550 499,550 499,550
Utility & Other Enterprise Funds:
Water & Sewer Fund 70,406,600 70,710,910 70,710,910 -
Stormwater Utility Fund 17,207,410 17,595,223 17,595,223 -
Solid Waste & Recycling Fund 22,721,790 25,136,485 25,136,485 -
Gas Fund 37,515,660 40,207,978 39,296,483 (911,495)
Airpark Fund 207,810 209,640 209,640
Marine Fund 4,526,360 4,552,915 4,562,915 10,000
Clearwater Harbor Marina 554,280 558,240 558,240 -
Parking Fund 4,246,040 4,281,230 4,281,230 -
Harborview Center Fund - - - -
Internal Service Funds:
Administrative Services Fund 10,254,800 10,372,040 10,372,040 -
General Services Fund 4,386,430 4,442,540 4,442,540 -
Garage Fund 14,848,020 14,906,445 14,906,445 -
Central Insurance Fund 22,838,200 22,953,207 22,953,207 -
Total, All Funds 343,205,710 356,337,928 357,793,547 1,455,619
38 Ordinance #8743-15
39
Ordinance No. 8744-15
ORDINANCE NO. 8744-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2015, TO REFLECT A NET INCREASE OF $2,614,010
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30, 2015 was adopted by Ordinance No. 8586-14; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council
to provide for the expenditure of money for proper purposes not contained in the budget
as originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 8586-14 is amended to read:
Pursuant to the Mid Year Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
2014 and ending September 30, 2015, a copy of which is on file with the
City Clerk, the City Council hereby adopts a Mid Year Amended budget
for the capital improvement fund for the City of Clearwater, a copy of
which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos, Mayor
Approved as to form: Attest:
______________________________ ____________________________
Pamela K. Akin, City Attorney Rosemarie Call, City Clerk
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
2014/15 2014/15 2014/15 Amendments
Police Protection 1,775,000 1,775,000 1,775,000
Fire Protection 5,007,240 4,975,211 5,011,083 35,872
New Street Construction 0 0 0
Major Street Maintenance 3,369,570 3,369,570 3,369,570
Sidewalk and Bike Trail 472,000 472,000 472,000
Intersections 335,000 335,000 335,000
Parking 287,500 287,500 287,500
Miscellaneous Engineering 35,000 35,000 685,000 650,000
Land Acquisition 0 235,000 522,000 287,000
Park Development 1,860,000 3,330,514 3,326,986 (3,528)
Marine Facilities 548,000 548,000 548,000
Airpark Facilities 15,000 140,000 140,000
Libraries 635,000 635,000 1,008,918 373,918
Garage 7,697,000 7,697,000 8,773,108 1,076,108
Maintenance of Buildings 645,000 645,000 645,000
Miscellaneous 1,070,000 1,070,000 1,070,000
Stormwater Utility 5,804,850 9,254,335 9,254,335
Gas System 4,000,000 4,810,000 5,003,181 193,181
Solid Waste 520,000 1,504,275 1,504,275
Utilities Miscellaneous 110,000 110,000 110,000
Sewer System 7,617,380 8,137,454 8,138,938 1,484
Water System 6,590,000 6,590,000 6,589,975 (25)
Recycling 90,000 1,105,725 1,105,725
TOTAL PROJECT EXPENDITURES 48,483,540 57,061,584 59,675,594 2,614,010
GENERAL SOURCES:
General Operating Revenue 2,345,100 3,999,285 4,674,260 674,975
General Revenue/County Co-op 635,000 635,000 635,000
Road Millage 1,920,480 1,920,480 1,920,480
Penny for Pinellas 6,972,740 7,247,740 7,529,002 281,262
Transportation Impact Fee 190,000 190,000 190,000
Recreation Land Impact Fees 0 230,300 517,300 287,000
Local Option Gas Tax 1,424,090 1,424,090 1,424,090
Special Program Fund 35,000 35,000 35,000
Grants - Other Agencies 0 0 0
Other Governmental 0 554,397 555,881 1,484
Property Owner's Share 0 0 193,181 193,181
Donations 100,000 125,000 225,000 100,000
Contributions 0 324,000 324,000
Developer Public Art Contribution 0 0 0
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15
40
Ordinance # 8744-15
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
2014/15 2014/15 2014/15 Amendments
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15
SELF SUPPORTING FUNDS:
Marine Revenue 120,000 120,000 120,000
Clearwater Harbor Marina Revenue 15,000 15,000 15,000
Airpark Revenue 15,000 15,000 15,000
Parking Revenue 357,500 357,500 357,500
Utility System:
Water Revenue 4,764,700 4,764,700 4,764,700
Sewer Revenue 5,900,460 5,900,460 5,900,460
Water Impact Fees 10,300 10,300 10,300
Sewer Impact Fees 12,460 12,460 12,460
Utility R&R 3,397,460 3,397,460 3,397,460
Stormwater Utility Revenue 5,804,850 5,804,850 5,804,850
Gas Revenue 4,000,000 4,000,000 4,000,000
Solid Waste Revenue 520,000 1,520,000 1,520,000
Recycling Revenue 90,000 1,090,000 1,090,000
Grants - Other Agencies 0 3,512,457 3,512,457
INTERNAL SERVICE FUNDS:
Garage Revenue 232,000 232,000 232,000
Administrative Services Revenue 710,000 710,000 710,000
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund 1,014,400 1,014,400 1,014,400
BORROWING - SELF SUPPORTING FUNDS:
Lease Purchase - Water 155,000 155,000 155,000
Lease Purchase - Sewer 77,000 79,705 79,705
Lease Purchase - Stormwater 0 0 0
Bond Issue - Water & Sewer 0 0 0
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 7,265,000 7,265,000 8,341,108 1,076,108
Lease Purchase - Administrative Services 400,000 400,000 400,000
TOTAL ALL FUNDING SOURCES:48,483,540 57,061,584 59,675,594 2,614,010
41
Ordinance # 8744-15
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8743-15
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 11.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8743-15 on second reading, amending the operating budget for the fiscal
year ending September 30, 2015 to reflect increases and decreases in revenues and
expenditures for the General Fund, Special Development Fund, Special Program Fund, Solid
Waste and Recycling Fund, Gas Fund, and Parking Fund.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 6/11/2015
Mid Year Budget Review
Fiscal 2014-15
City Manager's Transmittal
Memorandum
TO: Mayor and City Council
FROM: Bill Horne, City Manager
COPIES: Jill Silverboard, Assistant City Manager
Rod Irwin, Assistant City Manager
Department Directors
SUBJECT: Mid Year Budget Review - Amended City Manager's Annual Budget Report
DATE: May 25, 2015
Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances.
The report is based on six months of activity (October, 2014 through March, 2015) in this fiscal year. The
report comments on major variances, as well as documents all proposed amendments.
Significant Fund amendments are outlined below:
General Fund
General Fund revenues and expenditure amendments reflect a net increase of $711,016.
The major reason for the overall General Fund expenditure increase is the appropriation of General Fund
reserves of $675,000 at mid year. Amendments include $650,000 for the Centennial Monument project and
$25,000 to fund the furniture contract for the Countryside Library, both of which were previously approved
by Council.
In addition, enhanced revenues of $32,500 are recognized at mid year for sales of concession souvenirs at
Pier 60 which offset expenditure increases in the Pier 60 program; and an increase of $3,516 to
intergovernmental revenue for reimbursements which offset expenditure increases in Police Department
overtime.
General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that
General Fund unappropriated fund reserves of 8.5% of the City’s budgeted General Fund expenditures must
be maintained as a reserve to guard against future emergencies.
With the closing of the year-end 2014 books, and the allocation of reserves noted above, estimated General
Fund reserves at mid year are approximately $21.4 million, or 18.3% of the current year’s General
Fund budget, exceeding our minimum reserve requirement by $11.5 million.
Significant amendments to other City Operating Funds are noted as follows.
Mid Year Budget Review
Fiscal 2014-15
City Manager's Transmittal
Gas Fund
Mid year budget amendments to Gas Fund expenditures reflect a net decrease of $911,495. Significant
mendments include a decrease of $1,225,970 to propane and commodity purchases; an increase of
$155,000 to interest expense; an increase of $27,700 to personal services; and $120,000 to fund a legal
settlement which is offset by Gas Fund reserves as previously approved by Council.
Solid Waste and Recycling Fund
Budget amendments to the Solid Waste and Recycling Fund reflect a net increase of $190,000 to fund
revenues at mid year. Significant amendments include increases of $115,000 to Solid Waste collection
fees, $30,000 to interest earnings, $30,000 to Recycling fees, $25,000 to contractor collection fees, and a
decrease of $10,000 to sales of recyclables.
Marine Fund
Mid year budget amendments to the Marine Fund reflect an increase of $10,000 to operating supplies to
fund unplanned expenditures. This increase is offset by operating revenues in the fund.
Parking Fund
Budget amendments to the Parking Fund reflect an increase of $102,378 to rental revenue for the renewal
for the Salt Block 57 agreement.
Capital Improvement Fund
Mid year amendments to the Capital Improvement Fund reflect an increase of $2,614,010. This increase
is primarily a result of the following amendments: an increase in Garage – Lease Purchase funding for the
Radio P25 Upgrade project for $1,076,108; an increase recognizing transfers from General Fund reserves
to the Centennial Monument project for $650,000; increases to the Countryside Library Renovation
project representing a transfer from the Special Development Fund for $248,918 in Sales Tax
Infrastructure revenue, $100,000 in donation revenue, and a transfer of $25,000 from General Fund
reserves; and a transfer from the Special Development Fund recognizing $287,000 in Recreation Land
Impact Fees to the Park Land Acquisition project. All major project budget increases listed above have
been previously approved by Council and are also summarized on page 17.
Project activity not previously approved by the Council, includes increases representing Property Owners
Share revenue for the following Gas System Projects: $66,496 for Line Relocation Pinellas; $40,188 for
Pinellas New Mains – Service Lines; $30,960 for Pasco New Mains – Service Lines; and $28,583 for
Line Relocation Pasco Maintenance.
Special Program Fund
The Special Program Fund reflects a net budget increase of $1,113,708 at mid year. Amendments include
the recognition of over $155,000 in grant proceeds supporting the Next Steps to Better Nutrition program,
the Health Prevention program, and Police programs for AmeriCorps and Federal Forfeiture Sharing;
almost $700,000 for the special events and sponsorships programs in the last three months; over $80,000
in fines and court proceeds to support public safety programs and the tree replacement program; and over
$180,000 in revenues for police outside duty contractual services.
CITY OF CLEARWATER CITY OF CLEARWATER
MID YEAR SUMMARY THIRD QUARTER SUMMARY
2014/15 2014/15
FY 14/15 First
Adopted Quarter Mid Year Mid Year Mid Year Amended
Description Budget Amended Projected Actual Variance %Adjustment Budget
General Fund:
Revenues 117,008,550 120,882,726 71,215,561 72,016,626 801,065 1%711,016 121,593,742
Expenditures 117,008,550 120,882,726 70,083,069 67,229,423 2,853,646 4%711,016 121,593,742
Utility Funds:
Water & Sewer Fund
Revenues 71,989,410 72,293,720 35,691,288 35,029,715 (661,573) -2%- 72,293,720
Expenditures 70,406,600 70,710,910 41,640,695 38,416,103 3,224,592 8%- 70,710,910
Stormwater Fund
Revenues 17,224,640 17,850,323 9,119,097 9,398,455 279,358 3%- 17,850,323
Expenditures 17,207,410 17,595,223 12,093,072 11,255,410 837,662 7%- 17,595,223
Gas Fund
Revenues 42,503,420 47,387,313 23,864,962 23,493,851 (371,111) -2%(501,900) 46,885,413
Expenditures 37,515,660 40,207,978 24,281,873 22,785,771 1,496,102 6%(911,495) 39,296,483
Solid Waste and Recycling Fund
Revenues 22,795,900 25,210,595 11,254,570 11,513,718 259,148 2%190,000 25,400,595
Expenditures 22,721,790 25,136,485 14,555,640 13,348,021 1,207,619 8%- 25,136,485
Enterprise Funds:
Marine Fund
Revenues 4,704,840 4,731,395 1,915,226 1,846,963 (68,263) -4%- 4,731,395
Expenditures 4,526,360 4,552,915 2,022,122 1,836,687 185,435 9%10,000 4,562,915
Airpark Fund
Revenues 268,560 270,390 134,278 138,170 3,892 3%- 270,390
Expenditures 207,810 209,640 115,991 111,357 4,634 4%- 209,640
Clearwater Harbor Marina Fund
Revenues 652,500 656,460 348,156 380,137 31,981 9%- 656,460
Expenditures 554,280 558,240 296,757 264,238 32,519 11%- 558,240
Parking Fund
Revenues 4,319,810 4,355,000 1,921,348 2,857,802 936,454 49%102,378 4,457,378
Expenditures 4,246,040 4,281,230 2,458,655 2,263,445 195,210 8%- 4,281,230
Internal Service Funds:
General Services Fund
Revenues 4,453,090 4,509,200 2,226,550 2,275,520 48,970 2%- 4,509,200
Expenditures 4,386,430 4,442,540 2,380,321 2,206,290 174,031 7%- 4,442,540
Administrative Services
Revenues 10,342,220 10,459,460 5,052,114 5,053,188 1,074 0%- 10,459,460
Expenditures 10,254,800 10,372,040 5,922,371 5,842,579 79,792 1%- 10,372,040
Garage Fund
Revenues 14,874,540 14,932,965 7,418,264 6,190,434 (1,227,830) -17%- 14,932,965
Expenditures 14,848,020 14,906,445 7,742,791 6,699,558 1,043,233 13%- 14,906,445
Central Insurance Fund
Revenues 22,856,430 22,971,437 11,359,020 11,038,116 (320,904) -3%- 22,971,437
Expenditures 22,838,200 22,953,207 11,569,630 9,623,438 1,946,192 17%- 22,953,207
1
MID YEAR REVIEW
AMENDED CITY MANAGER'S FISCAL YEAR 2014-15 REPORT
PAGE #
General Fund Operating Budget .................................................................................................................. 3
Utility Funds Operating Budget ..................................................................................................................... 7
Other Enterprise Funds Operating Budgets .............................................................................................. 11
Internal Service Funds Operating Budgets ................................................................................................ 14
Capital Improvement Program Budget ....................................................................................................... 17
Special Program Fund Budget.................................................................................................................... 26
Special Development Fund ......................................................................................................................... 31
Administrative Change Orders .................................................................................................................... 34
Ordinances .................................................................................................................................................. 36
Mid Year budgets were projected in the following manner:
All department expenditure budgets have been established on a month-to-month basis so that projects
identified in the report are not simply time percentages applied to annual budgets but rather department
director's judgment of month-to-month expenditures. This technique was also used for revenue projections.
The actual and projected data contained in this review represents six months, October 1, 2014 through
March 31, 2015. The adjustments, however, represent all data available at the time of the report, including
action taken by the City Council after March 31, 2015.
Definitions associated with the operating funds information is presented as follows:
Definitions:
Original Budget The budget as adopted by the City Council on September 18, 2014.
Mid Year Projection Monthly budgets submitted by departments are based on prior year
experience and unique circumstances.
Variance Difference between Mid Year projected and Mid Year actual.
Variance % % of variance to Mid Year projection.
Adjustments Adjustments that have been approved by the City Council, made at the
Manager’s discretion, and/or adjustments proposed based on Mid Year
review.
Amended Budget Adding the Original Budget and Adjustments.
Amended Budget % Percentage change of amended budget to original budget.
2
Capital Improvement Projects
The amended 2014/15 Capital Improvement Projects budget report is submitted for the City Council review.
This review provides the opportunity to analyze the status of all active projects and present formal
amendments to the project budget.
The Capital Improvement and Special Program funds information is presented as follows:
Definitions:
Budget The budget as of October 1, 2014, which includes budgets from prior
years, which have not been completed.
Amended Prev Qtr The amended project budget approved at first quarter.
Amendment Amendments which have been approved by the City Council, made at the
Manager's discretion, and/or adjustments proposed as a result of the mid
year review.
Revised Budget The previously amended project budget inclusive of amendments
proposed at mid year.
Encumbrance Outstanding contract or purchase order commitment.
Available Balance Difference between revised budget and expenditure plus encumbrance.
Status C - project is completed
Amend Ref Reference number for description of amendment.
Increase/
(Decrease)Description
Local Option, Fuel & Other Taxes
At mid year,local option,fuel and other taxes revenues
exhibit a 12%negative variance.This is primarily related to
timing of collection of Business Tax License revenue which,
for the first seven months of this year,is approximately 17%
less than the same period in fiscal year 2013/14.No
amendment is proposed until further months of revenue are
available for review.
Franchise Fees
At mid year,franchise fee revenues reflect a 12%negative
variance primarily related to the Duke Energy fee.Revenues
received for the first seven periods of the year are 14%less
than expected due to mild winter weather patterns.No
amendment is proposed until additional months of revenue are
available for review.
Other Permits and Fees
At mid year,other permits and fees revenue reflects a 40%
positive variance in building permit revenue due to increased
development in the City. No amendments are proposed.
Intergovernmental 3,516
Amendments to other governmental revenue reflect an
increase of $3,516 in reimbursements from the Department of
Treasury supporting the IRS and Joint Terrorism Task Force
which offset expenditure increases in the Police Department.
Charges for Service 32,500
Amendments to charges for service reflect an increase of
$32,500 to Pier 60 concession souvenirs revenue which offset
expenditure increases in the Pier 60 cost center.
Judgments, Fines & Forfeitures
At mid year,fines and forfeitures revenues reflect a 31%
negative variance primarily due to Red Light Camera revenue
and timing of the posting of court fines from Pinellas County
Clerk of the Court.Red light camera revenue received for the
first seven months of the fiscal year is approximately 21%less
than expected for the year.No amendments are proposed
until further data is available for review.
Miscellaneous
At mid year,miscellaneous revenues reflect a 42%positive
variance primarily related to the posting of the City's credit
card rebate. No amendments are proposed.
City of Clearwater
General Fund Revenues
Mid Year Amendments
FY 2014/15
3
Increase/
(Decrease)Description
City of Clearwater
General Fund Revenues
Mid Year Amendments
FY 2014/15
Mid year amendments reflect a net appropriation of
$675,000.00 from General Fund reserves.Amendments
represent the following allocations:
650,000
1)An appropriation of $650,000 from fund reserves to
project 315-92844,Centennial Monument.This was approved
by Council on March 19, 2015.
25,000
2)An appropriation of $25,000 from fund reserves to fund
the furniture contract for capital project 315-93528,
Countryside Library Renovation,as approved by Council on
May 7, 2015.
675,000
711,016
Net General Fund Revenue
Amendment
Net Transfer (to) from
Retained Earnings
Transfer (to) from Surplus
4
Increase/
(Decrease)Description
32,500
Amendments to Marine &Aviation reflect increases of $25,300
to inventory purchases for resale,$4,000 to operating supplies,
and $3,200 to full time salaries.These expenditure increases
are offset by an amendment increasing Pier 60 revenue.
3,516
At mid year,amendments to the Police Department reflect a
net increase of $3,516 to overtime which is offset by revenue
amendments recognizing the reimbursements received for
overtime from the Department of Treasury,IRS and Joint
Terrorism Task Force.
Non-Departmental
The budget amendment reflects City Council approved
interfund transfers of $675,000 to capital improvement projects,
as follows:
650,000
1)A transfer of $650,000 from General Fund reserves to
project 315-92844,Centennial Monument;as approved by the
Council on March 19, 2015.
25,000
5)A transfer of $25,000 from General Fund reserves to project
315-93528,Countryside Library renovation;as approved by the
Council on May 7, 2015.
675,000
711,016
Net General Fund
Expenditure Amendment
Police
Marine & Aviation
City of Clearwater
General Fund Expenditures
Mid Year Amendments
FY 2014/15
5
2014/15 2014/15
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance %Amendment Budget
GENERAL FUND
GENERAL FUND REVENUES
Ad Valorem Taxes 38,779,620 34,984,800 35,434,762 449,962 1%- 38,779,620
Utility Taxes 14,182,400 5,822,006 5,803,068 (18,938) 0%- 14,182,400
Local Option, Fuel & Other Taxes 7,604,780 2,323,360 2,044,255 (279,105) -12%- 7,604,780
Franchise Fees 10,090,000 4,256,665 3,754,779 (501,886) -12%- 10,090,000
Other Permits & Fees 2,220,500 1,110,246 1,550,999 440,753 40%- 2,220,500
Intergovernmental 19,587,304 7,962,398 8,632,130 669,732 8%3,516 19,590,820
Charges for Services 14,227,040 6,646,048 6,600,907 (45,141) -1%32,500 14,259,540
Judgments, Fines & Forfeitures 1,034,000 506,085 350,111 (155,974) -31%- 1,034,000
Miscellaneous Revenues 1,647,500 606,760 863,616 256,856 42%- 1,647,500
Transfers In 10,178,977 6,997,193 6,981,999 (15,194) 0%- 10,178,977
TOTAL REVENUES 119,552,121 71,215,561 72,016,626 801,065 1%36,016 119,588,137
Transfer (to) from Surplus 1,330,605 - - - ~675,000 2,005,605
ADJUSTED REVENUES 120,882,726 71,215,561 72,016,626 801,065 1%711,016 121,593,742
GENERAL FUND EXPENDITURES
City Council 280,040 153,788 141,684 12,104 8%- 280,040
City Manager's Office 1,110,477 589,492 587,645 1,847 0%- 1,110,477
City Attorney's Office 1,653,821 862,246 703,326 158,920 18%- 1,653,821
City Auditor's Office 200,060 115,220 112,404 2,816 2%- 200,060
Economic Development & Housing 1,649,545 1,126,570 1,064,363 62,207 6%- 1,649,545
Engineering 7,665,735 4,756,366 4,668,913 87,453 2%- 7,665,735
Finance 2,183,290 1,272,293 1,229,935 42,358 3%- 2,183,290
Fire 23,989,395 13,633,952 13,167,525 466,427 3%- 23,989,395
Human Resources 1,068,780 573,971 532,536 41,435 7%- 1,068,780
Library 6,156,870 3,642,443 3,507,401 135,042 4%- 6,156,870
Marine & Aviation 880,470 473,537 452,330 21,207 4%32,500 912,970
Non-Departmental 6,705,994 5,434,388 5,493,394 (59,006) -1%675,000 7,380,994
Office of Management & Budget 313,570 178,549 129,224 49,325 28%- 313,570
Official Records & Legislative Svcs 1,015,675 550,881 531,847 19,034 3%- 1,015,675
Parks & Recreation 22,660,240 12,177,234 11,382,542 794,692 7%- 22,660,240
Planning & Development 5,035,445 2,830,713 2,633,314 197,399 7%- 5,035,445
Police 37,012,289 21,156,639 20,378,324 778,315 4%3,516 37,015,805
Public Communications 1,025,550 554,787 512,717 42,070 8%- 1,025,550
Public Utilities 275,480 - ~- 275,480
TOTAL EXPENDITURES 120,882,726 70,083,069 67,229,423 2,853,646 4%711,016 121,593,742
For Six Month Period of October 1, 2014- March 31, 2015
GENERAL FUND
MID YEAR REVIEW
6
Increase/
(Decrease)Description
Water & Sewer Fund
At mid year, anticipated revenues of the Water & Sewer Fund exceed
anticipated expenditures by $1,582,810 for FY 2014/15.
Revenues:
No amendments are proposed to Water &Sewer Fund revenues at
mid year.
Expenditures:
No amendments are proposed to Water &Sewer Fund expenditures
at mid year.
Stormwater Fund
At mid year, anticipated revenues of the Stormwater Fund exceed
anticipated expenditures by $255,100 for FY 2014/15.
Revenues:
No amendments are proposed to Stormwater Fund revenues at mid
year.
Expenditures:
No amendments are proposed to Stormwater Fund expenditures at
mid year.
Gas Fund
At mid year, anticipated revenues of the Gas Fund exceed anticipated
expenditures by $7,588,930 for fiscal year 2014/15.
Revenues:(501,900)
Mid year revenue amendments in the Gas Fund reflect the following:
1)decreases totaling $715,000 in sales of gas due to a mild winter;2)
decreases totaling $84,000 in service charges to customers including
franchise fees and installation charges;3)an increase of $77,100 in
other revenues;4)an increase $100,000 in interest earnings;and 5)
an allocation of $120,000 in Gas Fund reserves to fund a legal
settlement as approved by the Council on March 19, 2015.
Expenditures:(911,495)
Mid year expenditure amendments in the Gas Fund reflect the
following:1)increases in salaries totaling $27,700 for overtime and
major medical;2)other operating decreases of $1,225,970 primarily
due to decreased propane and commodity purchases;3)an increase
of $155,080 to interest expense;4)amendments to various codes
which net an increase of $11,695 to bring the budget in line with actual
expenditures;and 5)an increase of $120,000 to fund a legal
settlement as approved by the Council on March 19, 2015.
City of Clearwater
Utility Funds
Mid Year Amendments
FY 2014/15
7
Increase/
(Decrease)Description
City of Clearwater
Utility Funds
Mid Year Amendments
FY 2014/15
Solid Waste and Recycling Fund
At mid year, anticipated revenues of the Solid Waste and Recycling
Fund exceed anticipated expenditures by $264,110 for fiscal year
2014/15.
Revenues:190,000
Mid year revenue amendments in the Solid Waste and Recycling
Fund reflect a net increase of $190,000,amendments include:1)an
increase of $30,000 to recycling fees due to better than expected fee
generation;2)a decrease of $10,000 in sale of recyclables due to
decreasing market price for single stream commodity;3)an increase
of $115,000 in Solid Waste collection fees due to better than expected
collections;4)an increase of $25,000 in contractor collection fees due
to increased revenue generated from private haulers;and 5)an
increase of $30,000 in interest earnings.
Expenditures:
No amendments are proposed to Solid Waste and Recycling Fund
expenditures at mid year.
8
2014/15 2014/15
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance %Amendment Budget
WATER & SEWER FUND
Water & Sewer Fund Revenues
Charges for Service 70,472,170 35,236,086 34,428,662 (807,424) -2%- 70,472,170
Judgments, Fines and Forfeits 271,000 135,498 125,116 (10,382) -8%- 271,000
Miscellaneous 1,246,240 319,704 475,937 156,233 49%- 1,246,240
Transfers In - - - - ~- -
Fund Equity 304,310 - - - ~- 304,310 Total Revenues 72,293,720 35,691,288 35,029,715 (661,573) -2%- 72,293,720
Water & Sewer Fund Expenditures
Public Utilities Administration 1,067,385 562,890 425,741 137,149 24%- 1,067,385
Wastewater Collection 7,404,490 4,622,350 4,397,095 225,255 5%- 7,404,490
Public Utilities Maintenance 3,973,290 2,177,419 1,916,359 261,060 12%- 3,973,290
WPC / Plant Operations 16,418,945 10,543,763 8,904,395 1,639,368 16%- 16,418,945
WPC / Laboratory Operations 1,315,395 693,586 637,118 56,468 8%- 1,315,395
WPC / Industrial Pretreatment 853,520 458,690 378,534 80,156 17%- 853,520
Water Distribution 12,629,960 8,881,297 8,498,021 383,276 4%- 12,629,960
Water Supply 10,743,535 5,464,780 6,394,273 (929,493) -17%- 10,743,535
Reclaimed Water 2,390,860 1,279,154 1,121,098 158,056 12%- 2,390,860
Non-Departmental 13,913,530 6,956,766 5,743,469 1,213,297 17%- 13,913,530
Total Expenditures 70,710,910 41,640,695 38,416,103 3,224,592 8%- 70,710,910
STORMWATER FUND
Stormwater Utility Revenues
Charges for Service 16,942,940 8,471,472 8,625,852 154,380 2%- 16,942,940
Judgments, Fines and Forfeits 50,000 25,002 37,763 12,761 51%- 50,000
Miscellaneous 231,700 83,450 195,667 112,217 134%- 231,700
Transfers In 539,173 539,173 539,173 - 0%- 539,173
Fund Equity 86,510 - - - ~- 86,510
Total Revenues 17,850,323 9,119,097 9,398,455 279,358 3%- 17,850,323
Stormwater Utility Expenditures
Stormwater Management 11,000,253 8,611,802 8,050,956 560,846 7%- 11,000,253
Stormwater Maintenance 6,594,970 3,481,270 3,204,454 276,816 8%- 6,594,970
Total Expenditures 17,595,223 12,093,072 11,255,410 837,662 7%- 17,595,223
GAS FUND
Gas Fund Revenues
Charges for Service 42,730,020 23,294,064 23,043,412 (250,652) -1%(799,000) 41,931,020
Judgments, Fines and Forfeits 150,000 75,000 76,672 1,672 2%- 150,000
Miscellaneous 483,400 455,898 333,767 (122,131) -27%177,100 660,500
Transfers In 40,000 40,000 40,000 - 0%- 40,000
Fund Equity 3,983,893 - - - ~120,000 4,103,893
Total Revenues 47,387,313 23,864,962 23,493,851 (371,111) -2%(501,900) 46,885,413
Gas Fund Expenditures
Administration & Supply 25,687,064 14,391,039 13,164,910 1,226,129 9%(1,239,580) 24,447,484
South Area Gas Operations 7,553,815 5,205,572 5,251,861 (46,289) -1%205,150 7,758,965
North Area Gas Operations 2,835,590 1,873,527 1,677,449 196,078 10%83,290 2,918,880
Marketing & Sales 4,131,509 2,811,735 2,691,551 120,184 4%39,645 4,171,154
Total Expenditures 40,207,978 24,281,873 22,785,771 1,496,102 6%(911,495) 39,296,483
For the Six Month Period of October 1, 2014 to March 31, 2015
UTILITY FUNDS
MID YEAR REVIEW
9
2014/15 2014/15
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance %Amendment Budget
For the Six Month Period of October 1, 2014 to March 31, 2015
UTILITY FUNDS
MID YEAR REVIEW
SOLID WASTE AND RECYCLING FUND
Solid Waste Revenues
Other Permits and Fees 1,000 498 1,017 519 104%- 1,000
Charges for Service 19,171,000 9,635,500 9,809,605 174,105 2%140,000 19,311,000
Judgments, Fines and Forfeits 85,100 42,546 42,987 441 1%- 85,100
Miscellaneous 634,000 334,402 388,276 53,874 16%30,000 664,000
Transfers In - - - - ~- -
Solid Waste Revenues 19,891,100 10,012,946 10,241,885 228,939 2%170,000 20,061,100
Recycling Revenues
Other Permits and Fees 300 150 173 23 15%- 300
Intergovernmental - - - - ~- -
Charges for Service 2,087,080 1,047,040 1,076,100 29,060 3%30,000 2,117,080
Judgments, Fines and Forfeits 7,700 3,852 4,044 192 5%- 7,700
Miscellaneous 386,750 190,582 191,516 934 0%(10,000) 376,750
Transfers In - - - - ~- -
Recycling Revenues 2,481,830 1,241,624 1,271,833 30,209 2%20,000 2,501,830
Fund Equity 2,837,665 - - - ~- 2,837,665
Total Revenues 25,210,595 11,254,570 11,513,718 259,148 2%190,000 25,400,595
Solid Waste Expenditures
Collection 16,431,415 8,875,714 8,086,926 788,788 9%- 16,431,415
Transfer 2,641,720 1,932,618 1,813,373 119,246 6%- 2,641,720
Container Maintenance 863,800 473,087 442,874 30,213 6%- 863,800
Administration 1,079,840 571,349 540,049 31,300 5%- 1,079,840
Solid Waste Expenditures 21,016,775 11,852,768 10,883,221 969,547 8%- 21,016,775
Recycling Expenditures
Residential 2,225,050 1,661,788 1,613,542 48,246 3%- 2,225,050
Multi-Family 427,330 228,566 185,628 42,938 19%- 427,330
Commercial 1,467,330 812,518 665,630 146,888 18%- 1,467,330
Recycling Expenditures 4,119,710 2,702,872 2,464,800 238,072 9%- 4,119,710
Total Expenditures 25,136,485 14,555,640 13,348,021 1,207,619 8%- 25,136,485
10
Increase/
(Decrease)Description
Marine Fund
Anticipated revenues of the Marine Fund exceed anticipated
expenditures by $168,480 at mid year fiscal year 2014/15.
Revenues: No amendments are proposed to Marine Fund revenues at mid year.
Expenditures:10,000
Amendments to Marine Fund expenditures reflect an increase of
$10,000 to operating supplies to fund unplanned expenditures.
Clearwater Harbor Marina Fund
Anticipated revenues of the Clearwater Harbor Marina Fund exceed
anticipated expenditures by $98,220 at mid year fiscal year 2014/15.
Revenues:
No amendments are proposed to Clearwater Harbor Marina Fund
revenues at mid year.
Expenditures:
No amendments are proposed to Clearwater Harbor Marina Fund
expenditures at mid year.
Airpark Fund
Anticipated revenues of the Airpark Fund exceed anticipated
expenditures by $60,750 at mid year fiscal year 2014/15.
Revenues: No amendments are proposed to Airpark Fund revenues at mid year.
Expenditures:
No amendments are proposed to Airpark Fund expenditures at mid
year.
Parking Fund
At mid year, anticipated revenues of the Parking Fund exceed
anticipated expenditures by $176,148 for fiscal year 2014/15.
Revenues:102,378
At mid year,Parking Fund revenues reflect a 49%positive variance.
This variance is primarily due to increased parking rates,and the busy
tourist season. Amendments reflect an increase of $102,378 in rental
revenue due to the renewal of the Salt Block 57 agreement which will
be approved by the Council June 3, 2015.
Expenditures:
No amendments are proposed to Parking Fund expenditures at mid
year.
FY 2014/15
City of Clearwater
Other Enterprise Funds
Mid Year Amendments
11
2014/15 2014/15
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance %Amendment Budget
MARINE FUND
MARINE FUND REVENUES
Intergovernmental - - - - ~- -
Charges for Service 4,666,840 1,896,328 1,824,256 (72,072) -4%- 4,666,840
Judgments, Fines and Forfeits 1,000 498 1,290 792 159%- 1,000
Miscellaneous Revenue 37,000 18,400 21,417 3,017 16%- 37,000
Transfers In - - - - ~- -
Fund Equity 26,555 - - - ~- 26,555
TOTAL REVENUES 4,731,395 1,915,226 1,846,963 (68,263) -4%- 4,731,395
MARINE FUND EXPENDITURES
Marina Operations 4,552,915 2,022,122 1,836,687 185,435 9%10,000 4,562,915
TOTAL EXPENDITURES 4,552,915 2,022,122 1,836,687 185,435 9%10,000 4,562,915
CLEARWATER HARBOR MARINA FUND
CLEARWATER HARBOR MARINA FUND REVENUES
Intergovernmental 50,000 50,000 50,000 - 0%- 50,000
Charges for Service 595,000 294,704 321,039 26,335 9%- 595,000
Judgments, Fines and Forfeits 1,500 750 390 (360) -48%- 1,500
Miscellaneous Revenue 6,000 2,702 8,708 6,006 222%- 6,000
Transfers In - - - - ~- -
Fund Equity 3,960 - - - ~- 3,960
TOTAL REVENUES 656,460 348,156 380,137 31,981 9%- 656,460
CLEARWATER HARBOR MARINA FUND EXPENDITURES
Clearwater Harbor Marina Operations 558,240 296,757 264,238 32,519 11%- 558,240
TOTAL EXPENDITURES 558,240 296,757 264,238 32,519 11%- 558,240
AIRPARK FUND
AIRPARK FUND REVENUES
Charges for Service 7,000 3,498 6,766 3,268 93%- 7,000
Miscellaneous Revenue 261,560 130,780 131,404 624 0%- 261,560
Transfers In - - - - ~- -
Fund Equity 1,830 - - - ~- 1,830
TOTAL REVENUES 270,390 134,278 138,170 3,892 3%- 270,390
AIRPARK FUND EXPENDITURES
Airpark Operations 209,640 115,991 111,357 4,634 4%- 209,640
TOTAL EXPENDITURES 209,640 115,991 111,357 4,634 4%- 209,640
For The Six Month Period of October 1, 2014 - March 31, 2015
ENTERPRISE FUNDS
MID YEAR REVIEW
12
2014/15 2014/15
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance %Amendment Budget
For The Six Month Period of October 1, 2014 - March 31, 2015
ENTERPRISE FUNDS
MID YEAR REVIEW
PARKING FUND
PARKING FUND REVENUES
Charges for Service 3,043,910 1,318,000 2,088,793 770,793 58%- 3,043,910
Judgments, Fines and Forfeits 600,000 273,500 318,121 44,621 16%- 600,000
Miscellaneous Revenue 675,900 329,848 450,888 121,040 37%102,378 778,278
Transfers In - - - - ~- -
Fund Equity 35,190 - - - ~- 35,190
TOTAL REVENUES 4,355,000 1,921,348 2,857,802 936,454 49%102,378 4,457,378
PARKING FUND EXPENDITURES
Engineering / Parking System 3,049,130 1,800,651 1,712,127 88,524 5%- 3,049,130
Engineering / Parking Enforcement 614,690 314,829 250,072 64,757 21%- 614,690
Parks & Rec / Beach Guards 617,410 343,175 301,245 41,930 12%- 617,410
TOTAL EXPENDITURES 4,281,230 2,458,655 2,263,445 195,210 8%- 4,281,230
13
Increase/
(Decrease)Description
General Services
At mid year, anticipated revenues of the General Services Fund exceed
anticipated expenditures by $66,660 for fiscal year 2014/15.
Revenues:
No amendments are proposed to General Services Fund revenues at
mid year.
Expenditures:
No amendments are proposed to General Services Fund expenditures at
mid year.
Administrative Services
At mid year, anticipated revenues of the Administrative Services Fund
exceed anticipated expenditures by $87,420 for fiscal year 2014/15.
Revenues:
No amendments are proposed to Administrative Services Fund revenues
at mid year.
Expenditures:
No amendments are proposed to Administrative Services Fund
expenditures at mid year.
Garage Fund
At mid year, anticipated revenues of the Garage Fund exceed anticipated
expenditures by $26,520 for fiscal year 2014/15.
Revenues: No amendments are proposed to Garage Fund revenues at mid year.
Expenditures: No amendments are proposed to Garage Fund expenditures at mid year.
Central Insurance
At mid year, anticipated revenues of the Central Insurance Fund exceed
anticipated expenditures by $18,230 for fiscal year 2014/15.
Revenues:
No amendments are proposed to Central Insurance Fund revenues at
mid year.
Expenditures:
No amendments are proposed to Central Insurance Fund expenditures
at mid year.
City of Clearwater
Internal Service Funds
Mid Year Amendments
FY 2014/15
14
2014/15 2014/15
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance %Amendment Budget
GENERAL SERVICES FUND
GENERAL SERVICES FUND REVENUES
Charges for Service 4,433,090 2,216,550 2,259,093 42,543 2%- 4,433,090
Miscellaneous Revenues 20,000 10,000 16,427 6,427 64%- 20,000 Transfers In - - - - ~- -
Fund Equity 56,110 - - - ~- 56,110 TOTAL REVENUES 4,509,200 2,226,550 2,275,520 48,970 2%- 4,509,200
GENERAL SERVICES FUND EXPENDITURES
Administration 484,210 269,724 243,028 26,696 10%- 484,210
Building & Maintenance 3,958,330 2,110,597 1,963,262 147,335 7%- 3,958,330
TOTAL EXPENDITURES 4,442,540 2,380,321 2,206,290 174,031 7%- 4,442,540
ADMINISTRATIVE SERVICES FUND
ADMINISTRATIVE SERVICES REVENUE
Charges for Service 10,002,220 5,001,114 4,978,909 (22,205) 0%- 10,002,220 Miscellaneous Revenues 105,000 51,000 74,279 23,279 46%- 105,000
Transfers In - - - - ~- -
Fund Equity 352,240 - - - ~- 352,240 TOTAL REVENUES 10,459,460 5,052,114 5,053,188 1,074 0%- 10,459,460
ADMINISTRATIVE SERVICES EXPENDITURES
Information Technology / Admin 393,510 218,393 172,717 45,676 21%- 393,510
Information Tech / Network Svcs 2,668,165 1,499,167 1,491,269 7,898 1%- 2,668,165
Info Tech / Software Applications 2,859,645 1,763,949 1,758,718 5,231 0%- 2,859,645
Info Tech / Telecommunications 809,570 411,533 515,078 (103,545) -25%- 809,570 Public Comm / Courier 153,430 76,723 62,133 14,590 19%- 153,430
Clearwater Customer Service 3,487,720 1,952,606 1,842,664 109,942 6%- 3,487,720 TOTAL EXPENDITURES 10,372,040 5,922,371 5,842,579 79,792 1%- 10,372,040
GARAGE FUND
GARAGE FUND REVENUES
Charges for Service 14,464,540 7,232,268 5,940,534 (1,291,734) -18%- 14,464,540
Miscellaneous Revenues 410,000 185,996 249,900 63,904 34%- 410,000
Transfers In - - - - ~- - Fund Equity 58,425 - - - ~- 58,425 TOTAL REVENUES 14,932,965 7,418,264 6,190,434 (1,227,830) -17%- 14,932,965
Garage Fund Expenditures
Fleet Maintenance 9,518,285 5,045,271 4,350,923 694,348 14%- 9,518,285
Fleet Maintenance Vehicle Replacement 4,663,880 2,331,942 2,254,012 77,930 3%- 4,663,880
Radio Communications 724,280 365,578 94,623 270,955 74%- 724,280
TOTAL EXPENDITURES 14,906,445 7,742,791 6,699,558 1,043,233 13%- 14,906,445
For The Six Month Period of October 1, 2014 - March 31, 2015
INTERNAL SERVICE FUNDS
MID YEAR REVIEW
15
2014/15 2014/15
1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended
Budget Projection Actual Variance %Amendment Budget
For The Six Month Period of October 1, 2014 - March 31, 2015
INTERNAL SERVICE FUNDS
MID YEAR REVIEW
CENTRAL INSURANCE FUND
CENTRAL INSURANCE FUND REVENUES
Charges for Service 22,049,200 11,024,604 10,736,528 (288,076) -3%- 22,049,200 Miscellaneous Revenues 807,230 334,416 281,057 (53,359) -16%- 807,230
Transfers In - - 20,531 20,531 ~- -
Fund Equity 115,007 - - - ~- 115,007
TOTAL REVENUES 22,971,437 11,359,020 11,038,116 (320,904) -3%- 22,971,437
CENTRAL INSURANCE FUND EXPENDITURES
Finance / Risk Management 433,750 239,989 215,564 24,425 10%- 433,750
Human Resources / Employee Benefits 361,240 198,566 179,502 19,064 10%- 361,240
Human Resources / Employee Health Clinic 1,782,790 891,396 901,342 (9,946) -1%- 1,782,790
Non-Departmental 20,375,427 10,239,679 8,327,031 1,912,648 19%- 20,375,427 TOTAL EXPENDITURES 22,953,207 11,569,630 9,623,438 1,946,192 17%- 22,953,207
16
Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Mid Year Summary
FY 2014/15
17
The amended 2014/15 Capital Improvement Program budget report is submitted for the City Council's Mid Year
review. The net proposed amendment is a budget increase in the amount of $2,614,010. This review provides the
opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally
significant budget increases encompassed within this review are as follows:
The City Council did not previously approve the following Capital Improvement Budget activity:
Line Relocation Pinellas - Capitalized – To record a budget increase in the amount of $66,496 of Property
Owners Share revenue, bringing budgeted revenues in line with actual cash received.
Pinellas New Mains - Service Lines – To record a budget increase in the amount of $40,188 of Property Owners
Share revenue, bringing budgeted revenues in line with actual cash received.
Pasco New Mains - Service Lines – To record a budget increase in the amount of $30,960 of Property Owners
Share revenue, bringing budgeted revenues in line with actual cash received.
Line Relocation Pasco Maintenance – To record a budget increase in the amount of $28,593 of Property Owners
Share revenue, bringing budgeted revenues in line with actual cash received.
All significant budget increases that have been previously approved by the City Council are listed below:
Project Council
Budget Increase Approval
Radio P25 Upgrade 1,076,108 04/16/15
Centennial Monument 650,000 03/19/15
Countryside Library Renovation 373,918 04/16/15 & 05/07/15
Park Land Acquisition 287,000 04/16/15
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
Main Station (Fire)
1 315-91253 35,872 *
To record a budget increase in the amount of $35,871.83 of
Infrastructure Sales Tax (Penny for Pinellas)revenue.This
represents the fiscal year 2014 loan interest payment made to
the Central Insurance Fund.35,872
Centennial Monument - NEW PROJECT
2 315-92844 650,000
To establish the project budget and record a budget increase in
the amount of $650,000.00 of General Fund reserves to fund
the construction of the Centennial Monument.This was
approved by the City Council on March 19, 2015.650,000
Park Land Acquisition
3 315-93133 287,000
To record a budget increase in the amount of $287,000.00 of
Recreation Land Impact fees from the Special Development
Fund.To fund the purchase of real property located at 3198
Gulf-to-Bay Boulevard.This was approved by City Council on
April 16, 2015.287,000
Restrooms on Clearwater Beach - CLOSE PROJECT
4 315-93273 (13,882)
To record a budget transfer in the amount of $13,882.19 of
General Fund revenue to project 315-93624,Pier 60 Park
Repair and Improvements.This project is complete and will be
closed.(13,882)
Countryside Library Renovation
5 315-93528 248,918
To record a budget increase in the amount of $248,918.00 of
Infrastructure Sales Tax (Penny for Pinellas)revenue from the
Special Development Fund.The funding will provide the
additional funding needed for the Countryside Recreation
Center HVAC upgrades.This was approved by the City Council
on April 16, 2015.
100,000 *
To record a budget increase in the amount of $100,000.00 of
Donation Revenue received from the Clearwater Library
Foundation.This will bring budgeted revenues in line with actual
cash received.This was approved by the City Council on May 7,
2015.
25,000
To record a budget increase in the amount of $25,000.00 of
General Fund reserves.This revenue along with the donation,
will provided for the additional funds needed for the furniture,
fixtures and equipment purchase.This was approved by the City
Council on May 7, 2015.373,918
Pier 60 Park Repair and Improvements
6 315-93624 13,882
To record a budget transfer in the amount of $13,882.19 of
General Fund revenue from project 315-93273,Restrooms on
Clearwater Beach.The Restrooms on Clearwater Beach project
is complete and will be closed.13,882
Sid Lickton Complex Renovations - CLOSE PROJECT
7 315-93630 (3,528)
To record a budget decrease in the amount of $3,527.93 of
Infrastructure Sales Tax (Penny for Pinellas)revenue and return
these funds to the Special Development Fund.This project is
complete and will be closed.(3,528)
CAPITAL IMPROVEMENT FUND
Second Quarter Amendments
FY 2014/15
18 * indicates budget amendment only
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
CAPITAL IMPROVEMENT FUND
Second Quarter Amendments
FY 2014/15
Radio P25 Upgrade
8 316-94243 1,076,108
To record a budget increase in the amount of $1,076,108.12 of
Garage Lease Purchase funding.This amendment will utilize
funding in the amount of $1,000,000.00 that was originally
scheduled for fiscal year 2016 in the approved six-year CIP
budget.The funding will provide for the Police terminal upgrade
for the city-wide two-way radio P-25 communication system.
This was approved by the City Council on April 16, 2015.1,076,108
Gas Meter Change Out - Pinellas
9 315-96367 (80,000)
To record a budget transfer in the amount of $80,000.00 of Gas
fund revenue,to project 315-96379,Gas Meter Change Out -
Pasco. (80,000)
Line Relocation Pinellas- Capitalized
10 315-96374 66,496 *
To record a budget increase in the amount of $66,496.34 of
Property Owners Share revenue.This will bring budgeted
revenues in line with actual cash received. 66,496
Line Relocation Pasco Maintenance
11 315-96376 28,593 *
To record a budget increase in the amount of $28,592.77 of
Property Owners Share revenue.This will bring budgeted
revenues in line with actual cash received. 28,593
Pinellas New Mains- Service Lines
12 315-96377 40,188 *
To record a net budget increase in the amount of $40,187.59
representing Property Owners Share revenue.This will bring
budgeted revenues in line with actual cash received. 40,188
Pasco New Mains- Service Lines
13 315-96378 30,960 *
To record a budget increase in the amount of $30,960.47 of
Property Owners Share revenue.This will bring budgeted
revenues in line with actual cash received. 30,960
Gas Meter Change Out - Pasco
14 315-96379 80,000
To record a budget transfer in the amount of $80,000.00 of Gas
fund revenue,from project 315-96367,Gas Meter Change Out -
Pinellas. 80,000
Line Relocation - Pasco- Capitalized
15 315-96381 21,192 *
To record a budget increase in the amount of $21,192.05 of
Property Owners Share revenue.This will bring budgeted
revenues in line with actual cash received. 21,192
Expanded Energy Conservation
16 315-96386 5,752 *
To record a budget increase in the amount of $5,751.68 of
Property Owners Share revenue.This will bring budgeted
revenues in line with actual cash received. 5,752
19 * indicates budget amendment only
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
CAPITAL IMPROVEMENT FUND
Second Quarter Amendments
FY 2014/15
BioSolids Treatment
17 315-96611 1,484 *
To record a budget increase in the amount of $1,483.86 of
Other Governmental revenue received from the City of Safety
Harbor.This will bring budgeted revenues in line with actual
cash received. 1,484
Line Relocation - Capital
18 315-96742 (25) *
To record a budget decrease in the amount of $25.19 of Interest
Earned Other revenue.This will bring budgeted revenues in line
with actual cash received. (25)
TOTALS 2,614,010 - 2,614,010
20 * indicates budget amendment only
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2014 to March 31, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
PUBLIC SAFETY
Police Protection
91150 Range Improvements 1,700,000 1,700,000 1,700,000 25,250 1,674,750
91151 Police Property / Evidence Storage 75,000 75,000 75,000 14,171 60,829
1,775,000 1,775,000 - 1,775,000 - 39,421 1,735,579
Fire Protection
91218 Fire Engine Replacement 1,598,746 1,598,746 1,598,746 1,553,195 45,551
91221 EMS Capital Equipment 1,165,710 1,165,710 1,165,710 1,031,480 134,230
91229 Replace & Upgrade Airpacks 1,856,400 1,856,400 1,856,400 845,559 1,010,841
91236 Rescue Vehicle 1,419,869 1,419,869 1,419,869 818,550 178,510 422,809
91253 Main Station (Fire)11,592,885 11,592,885 35,872 11,628,757 10,357,950 692,292 578,515 1
91257 AED Program 121,960 121,960 121,960 119,400 2,560
91258 Ladder Truck Equipment 150,000 147,967 147,967 147,967 0 C
91259 Radio Replacements 364,640 364,640 364,640 359,071 5,569
91260 Thermal Imaging Cameras 112,530 112,530 112,530 69,295 43,235
91261 Personal Protection Equipment 1,283,690 1,283,690 1,283,690 976,064 10,254 297,372
91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 82,366 42,634
91263 Extrication Tools 56,000 56,000 56,000 25,603 30,397
91264 Fire Hose Replacement 235,810 235,810 235,810 163,126 72,684
91266 Rescue Squad Replacement 850,000 827,340 827,340 827,340 0 C
91267 Training Facility Concrete Pad Replace 90,000 82,665 82,665 82,665 0 C
91268 Countryside Fire Station 3,697,910 3,697,910 3,697,910 4,573 215,668 3,477,670
Sub-Total 24,721,150 24,689,121 35,872 24,724,993 17,464,203 1,096,723 6,164,067
TRANSPORTATION
New Street Construction
92146 Druid Road Improvements 4,147,569 4,147,569 4,147,569 2,943,580 4,855 1,199,134
Sub-Total 4,147,569 4,147,569 - 4,147,569 2,943,580 4,855 1,199,134
Major Street Maintenance
92274 Bridge Maintenance & Improvements 6,670,150 6,670,150 6,670,150 1,331,867 3,425,702 1,912,582
92275 Downtown Streetscape- Phase II 3,745,839 3,745,839 3,745,839 3,042,901 702,938
92276 Traffic Calming Program 5,928,635 5,928,635 5,928,635 2,371,451 951,020 2,606,164
92277 Streets and Sidewalks 9,849,057 9,849,057 9,849,057 4,512,562 781,028 4,555,466
Sub-Total 26,193,681 26,193,681 - 26,193,681 11,258,781 5,157,750 9,777,150
Sidewalks and Bike Trail
92339 New Sidewalks 1,247,471 1,247,471 1,247,471 641,715 20,648 585,108
Sub-Total 1,247,471 1,247,471 - 1,247,471 641,715 20,648 585,108
Intersections
92559 City-Wide Intersection Improvement 799,056 799,056 799,056 1,921 797,135
92560 Signal Renovation 210,385 210,385 210,385 87,351 9,675 113,359
92561 New Signal Installation 322,877 322,877 322,877 167,097 155,780
92562 Intersection Improvements 2,447,017 2,447,017 2,447,017 14,993 2,432,024
Sub-Total 3,779,335 3,779,335 - 3,779,335 271,362 9,675 3,498,298
Parking
92649 Surf Style Condo-Parking Unit 9,400,000 9,400,000 9,400,000 100,000 9,300,000
92650 Sand Wall Replacement on Clw Bch 330,000 330,000 330,000 185,352 16,570 128,078
92652 Parking Lot Resurfacing 954,633 954,633 954,633 267,910 88,311 598,412
92653 Parking Garage Structure Repair 622,603 622,603 622,603 175,831 68,154 378,618
92654 Parking Lot Improvement 830,357 830,357 830,357 84,769 11,500 734,088
92655 Clwtr Bch Sand Dune Mitigation 80,000 80,000 80,000 15,800 50,148 14,052
Sub-Total 12,217,593 12,217,593 - 12,217,593 829,662 234,683 11,153,248
Miscellaneous Engineering
92839 Downtown Intermodal 621,078 621,078 621,078 519,967 101,111
92840 St. Petersburg Times Property 2,500,000 2,500,000 2,500,000 2,058,465 441,535
92841 Miscellaneous Engineering 193,396 193,396 193,396 74,930 5,985 112,481
92844 Centennial Monument 0 0 650,000 650,000 0 576,522 73,478 2
Sub-Total 3,314,474 3,314,474 650,000 3,964,474 2,653,361 582,507 728,606
Land Acquisition
93133 Park Land Acquisition 0 235,000 287,000 522,000 122,807 399,193 3
Sub-Total - 235,000 287,000 522,000 122,807 - 399,193
21
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2014 to March 31, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Park Development
93203 Carpenter Field-Infras Rep/Improve 419,380 419,380 419,380 353,044 66,336
93205 Brighthouse Field Infrastructure Imp 1,015,345 1,015,345 1,015,345 930,504 48,276 36,565
93247 Fitness Equipment Replacement 255,000 255,000 255,000 194,175 60,825
93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 3,135,000 240,614 2,894,386
93263 Public Art Maintenance 1,498 1,498 1,498 1,498
93271 Swimming Pool R&R 671,573 671,573 671,573 548,040 9,500 114,033
93272 Bicycle Paths-Bridges 3,353,896 3,599,196 3,599,196 2,407,412 860,829 330,954
93273 Restrooms on Clearwater Beach 923,000 923,000 (13,882) 909,118 909,118 0 C 4
93277 Harborview Infra Repair/Improve 635,451 635,451 635,451 503,011 132,441
93278 Long Center Infra Repairs 625,183 625,183 625,183 535,102 90,081
93286 Parking Lot/Bike Path Rsr/Imprv 656,943 656,943 656,943 541,116 115,827
93602 Sp Events Equip Rep & Rplcmnt 235,000 235,000 235,000 198,936 36,064
93604 Brdwlks & Docks Rep & Rplcmnt 417,000 417,000 417,000 257,903 159,097
93608 Miscellaneous Minor Public Art 253,061 253,061 253,061 117,847 15,852 119,361
93612 McMullen Tennis Complex 400,000 400,000 400,000 6,691 393,309
93618 Miscellaneous Park & Rec Contract 170,000 170,000 170,000 148,785 20,774 441
93623 Capitol Theatre 8,305,936 8,305,936 8,305,936 7,551,989 753,947
93624 Pier 60 Park Repairs and Improvements 510,000 510,000 13,882 523,882 146,933 68,272 308,677 6
93625 Enterprise Dog Park - Phase II 400,000 400,000 400,000 400,000
93626 FDOT Median & ROW Enhancement 340,206 340,206 340,206 211,206 6,829 122,171
93628 Carpenter/Bright House Fld Imp 32,482 32,482 32,482 32,482
93629 North Greenwood Athletic Fields 651,825 651,825 651,825 607,119 5,669 39,037
93630 Sid Lickton Complex Renovations 3,298,146 3,298,146 (3,528) 3,294,618 3,294,618 0 C 7
93631 Phillip Jones Park Renovations 1,097,490 1,097,490 1,097,490 861,501 761 235,228
93633 Pier 60 Park Repairs and Improvements 160,000 160,000 160,000 125,075 28,939 5,986
93634 Concrete Sidewalk & Pad Repair 163,176 163,176 163,176 57,639 105,537
93635 Park Amenity Purch & Rplcmnt 182,800 182,800 182,800 111,912 7,105 63,783
93636 Tennis Court Resurfacing 105,310 105,310 105,310 23,216 43,560 38,534
93637 Playground & Fitness Purch & Rplc 337,079 337,079 337,079 198,440 11,166 127,473
93638 Fencing Replacement Program 204,664 204,664 204,664 80,999 4,600 119,065
93639 Marina District Boardwalk & Entry Node 606,510 606,510 606,510 86,146 64,564 455,800
93640 Bright House Repairs 701,272 1,477,486 1,477,486 881,088 401,304 195,093
93642 Phillip-Jones Restroom/Concession 220,000 220,000 220,000 5,085 67,600 147,315
93643 John Deere Utility Tractor 40,000 40,000 40,000 40,000 0
93644 Joe DiMaggio Press Box Storage 400,000 400,000 400,000 28,122 371,666 212
93645 Joe DiMaggio Multi Field Reno 0 148,000 148,000 55,516 41,413 51,071
93646 Rest Rm Expan-Barefoot Bch House 0 301,000 301,000 1,179 750 299,071
Sub-Total 30,924,226 32,394,740 (3,528) 32,391,212 22,220,081 2,119,431 8,051,700
Marine Facilities
93403 Beach Guard Facility Maint 140,000 140,000 140,000 109,884 30,116
93405 Downtown Boat Slips 12,693,770 12,693,770 12,693,770 12,282,951 17,200 393,619
93410 Clwr Harbor Marina Maintenance 75,000 75,000 75,000 45,409 29,591
93412 City-wide Seawall Replacement 1,581,000 1,581,000 1,581,000 721,201 242,397 617,401
93415 Waterway Maintenance 260,000 260,000 260,000 32,529 227,471
93417 Pier 60 Refurbishment 600,000 600,000 600,000 596,789 3,211
93418 Utilities Services Replacement 137,714 137,714 137,714 91,361 46,353
93419 Dock Replacement & Repair 81,727 81,727 81,727 42,881 8,890 29,956
93420 Fuel System R & R 57,752 57,752 57,752 20,576 37,176
93421 Marine Facilities Dredging & Maint 68,715 68,715 68,715 61,630 7,085
93422 Dredging of City Waterways 246,204 246,204 246,204 60,889 51,960 133,355
93495 Dock Construction 24,858 24,858 24,858 24,858 0
93497 Docks & Seawalls 1,186,085 1,186,085 1,186,085 552,272 633,813
93499 Pier 60/Sailing Center Maint 261,952 261,952 261,952 228,870 33,082
Sub-Total 17,414,777 17,414,777 - 17,414,777 14,872,100 320,447 2,222,230
Airpark
94817 Airpark Maint & Repair 149,000 149,000 149,000 134,831 14,169
94871 Airpark Run/Taxi Exten & Rehab 2,000,000 2,000,000 2,000,000 1,985,083 12,341 2,576
94881 Airpark Hangar Rehabilitation 200,000 200,000 200,000 168,670 1,653 29,677
94882 Rehabilitation of Hanger "D"500,000 625,000 625,000 5,407 586,753 32,840
Sub-Total 2,849,000 2,974,000 - 2,974,000 2,293,991 600,747 79,262
22
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2014 to March 31, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Libraries
93527 Books & Other Lib Mat - II 7,796,601 7,796,601 7,796,601 7,083,877 44,768 667,955
93528 Countryside Library Renovation 7,102,668 7,102,668 373,918 7,476,586 3,499,301 2,786,607 1,190,678 5
93529 Main Library Entryway Improve 130,000 130,000 130,000 77,739 52,261
93530 Consolidated Eastside/SPC Library 6,250,000 6,250,000 6,250,000 6,250,000
Sub-Total 21,279,269 21,279,269 373,918 21,653,187 10,660,918 2,831,375 8,160,895
Garage
94233 Motorized Equip-Cash II 1,370,656 1,370,656 1,370,656 1,090,702 69,074 210,881
94238 Police Vehicles 1,600,001 1,600,001 1,600,001 1,233,845 134,230 231,927
94241 Motorized Equipment Replace - L/P 19,126,392 19,126,392 19,126,392 10,191,857 4,042,379 4,892,156
94242 Overhead Crane 48,000 48,000 48,000 48,000 0 C
94243 Radio P25 Upgrade 2,000,000 2,000,000 1,076,108 3,076,108 596,849 1,392,648 1,086,611 8
Sub-Total 24,145,049 24,145,049 1,076,108 25,221,157 13,161,252 5,638,330 6,421,575
Maintenance of Buildings
94510 Air Cond Replace-City Wide 2,771,538 2,771,538 2,771,538 2,549,514 222,024
94512 Roof Repairs 680,345 680,345 680,345 644,972 35,373
94514 Roof Replacements 1,990,352 1,990,352 1,990,352 1,337,564 652,788
94517 Painting of Facilities 1,017,720 1,017,720 1,017,720 679,792 18,731 319,197
94518 Fencing of Facilities 164,811 164,811 164,811 122,415 42,396
94519 Flooring for Facilities 988,952 988,952 988,952 746,604 18,431 223,918
94521 Elevator Refurbish/Modernization 280,000 280,000 280,000 167,196 267 112,537
94528 Light Replacement & Repair 279,931 279,931 279,931 214,523 65,408
94529 MSB Restroom Renovations 65,000 65,000 65,000 5,010 59,990
94530 Building Systems 250,000 250,000 250,000 30,796 17,921 201,283
94624 Harborview Demolition 950,000 950,000 950,000 60,747 889,253
94625 Development Services Center 1,151,160 1,151,160 1,151,160 66,702 1,084,458
Sub-Total 10,589,809 10,589,809 - 10,589,809 6,625,835 55,349 3,908,625
Miscellaneous
94729 City-wide Connect Infra 2,106,478 2,106,478 2,106,478 1,696,098 1,501 408,879
94736 Geographic Information Sys 1,052,726 1,052,726 1,052,726 1,024,206 28,520
94761 Poll Stor Tank Rem/Repl-Gen Fd 533,658 533,658 533,658 244,249 289,409
94803 Environmental Assmt & Clean-up 990,964 990,964 990,964 715,793 275,171
94814 Network Infra & Server Upgrade 2,985,057 2,985,057 2,985,057 2,334,869 42,219 607,970
94820 HR PeopleSoft Upgrade 450,000 450,000 450,000 143,462 306,538
94824 IT Disaster Recovery 400,000 400,000 400,000 285,334 1,875 112,790
94827 Telecommunications Upgrade 479,000 479,000 479,000 334,953 10,665 133,382
94828 Financial Systems Upgrades 976,628 976,628 976,628 225,243 2,938 748,448
94829 CIS Upgrades / Replacement 847,376 847,376 847,376 318,999 42,168 486,209
94830 MS Licensing / Upgrades 775,000 775,000 775,000 504,143 270,857
94833 Computer Monitors 320,000 320,000 320,000 318,430 1,570
94839 Roadway & Traffic Asset Mgt 440,000 440,000 440,000 297,300 90,278 52,422
94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 400,000 12,390 387,610
94850 Backfile Conversion of Records 500,000 500,000 500,000 155,084 344,612 304
94857 Accela Permitting & Code Enforce 250,000 250,000 250,000 66,123 4,200 179,677
94861 Library Technology 1,250,000 1,250,000 1,250,000 744,532 23,243 482,225
94873 Citywide Camera System 160,000 160,000 160,000 109,452 50,548
94874 City Enterprise Timekeeping System 185,000 185,000 185,000 161,897 23,103
94878 Asset Management Upgrade 120,000 120,000 120,000 120,000
94879 Aging Well Center Tech Upgrade 105,000 105,000 105,000 105,000
94880 Granicus Agenda Management Sys 60,000 60,000 60,000 41,136 18,864
94883 Business Process Review & Improvements 150,000 150,000 150,000 150,000
Sub-Total 15,536,887 15,536,887 - 15,536,887 9,733,693 563,699 5,239,495
23
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2014 to March 31, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
UTILITIES
Stormwater Utility
96124 Storm Pipe System Improvements 17,324,338 17,324,338 17,324,338 11,422,952 2,212,243 3,689,143
96125 Town Lake 8,843,010 8,771,668 8,771,668 8,771,669 0 C
96129 Stevenson Creek Estuary Restoration 6,967,225 6,967,225 6,967,225 6,275,363 691,862
96137 FDEP Compliance 1,008,000 981,830 981,830 981,830 0 C
96164 Allen's Creek Improvement Projects 499,250 499,250 499,250 381,097 19,435 98,718
96168 Stormwater System Expansion 2,457,956 2,457,956 2,457,956 112,630 10,130 2,335,196
96169 Stevenson Creek 4,717,122 3,967,122 3,967,122 2,908,752 260,272 798,098
96170 Coastal Basin Projects 7,193,178 6,293,178 6,293,178 3,377,903 9,108 2,906,168
96173 Alligator Creek Watershed Projects 4,666,490 2,716,490 2,716,490 997,260 68,778 1,650,452
96176 Allen's Creek Watershed Mgt Plan 200,000 200,000 200,000 105,531 17,288 77,181
96177 Jeffords Street Outfall 400,000 400,000 400,000 106,763 29,247 263,990
96178 Smallwood Circle 2,437,719 2,437,719 2,437,719 1,151,750 553,592 732,377
96179 Tropic Hills Phase III 1,291,326 1,291,326 1,291,326 1,291,326 0 C
96180 Stormwater Maint St Sweeping Fac 376,511 683,004 683,004 301,963 11,525 369,516
96181 Jeffords Street Channel 1,596,362 1,396,272 1,396,272 1,396,273 0 C
96183 Mandalay Ave Outfall 1,600,000 1,440,593 1,440,593 1,440,593 0 C
96184 Magnola Drive Outfall 3,100,000 3,100,000 3,100,000 212,118 51,024 2,836,857
96185 Woodlawn Terrace Floodplain Storage 1,006,620 1,006,620 1,006,620 842,873 26,560 137,187
96186 Hillcrest Bypass Culvert 0 3,900,000 3,900,000 255,691 3,644,309
96187 Mango Outfall 0 1,800,000 1,800,000 146,400 1,653,600
96188 East Gateway Improvements 0 1,500,000 1,500,000 404,680 1,095,320
Sub-Total 65,685,107 69,134,592 - 69,134,592 42,078,645 4,075,973 22,979,975
Water System
96721 System R & R - Maintenance 3,666,799 3,666,799 3,666,799 2,118,718 746 1,547,335
96739 Reclaimed Water Dist Sys 63,271,459 63,271,459 63,271,459 60,521,562 360,057 2,389,840
96740 Water Supply/Treatment 5,870,430 5,870,430 5,870,430 4,996,910 32,512 841,008
96741 System R & R-Capitalized 10,236,996 10,236,996 10,236,996 8,440,050 15,599 1,781,347
96742 Line Relocation-Capitalized 12,364,511 12,364,511 (25) 12,364,486 10,508,048 202,818 1,653,620 18
96743 Mtr Bkflow Prev Dev/Change 4,324,046 4,324,046 4,324,046 3,298,247 1,025,799
96744 System Expansion 2,174,673 2,174,673 2,174,673 2,042,251 132,422
96752 Water Service Lines 4,892,119 4,892,119 4,892,119 3,605,553 61,125 1,225,441
96764 RO Plant Exp Res #1 16,865,751 16,865,751 16,865,751 15,650,877 765,378 449,496
96766 Water Quality Monitoring Devices 600,000 600,000 600,000 8,255 591,745
96767 RO Plant at Res #2 44,948,968 44,948,968 44,948,968 41,992,165 2,456,840 499,962
96768 Rebate Well, Lk, Pnd Irr Abandmt 250,000 250,000 250,000 106,208 143,792
96773 Groundwater Replenishment Facility 6,705,833 6,705,833 6,705,833 2,733,156 28,608 3,944,069
96774 Automated Meter Reading 2,300,000 2,300,000 2,300,000 71,860 2,228,140
96775 Arsenic Treatment WTP #3 1,359,420 1,359,420 1,359,420 96,648 50,534 1,212,239
96777 Water Supply Pick-up Trucks 120,000 120,000 120,000 34,288 85,712
96778 Fork Lift 30,000 30,000 30,000 23,953 6,047
96779 Trench Box 65,000 65,000 65,000 65,000
Sub-Total 180,046,005 180,046,005 (25) 180,045,980 156,248,750 3,974,216 19,823,014
Sewer System
96202 WWTP Screw Pump Replacement 4,849,383 4,849,383 4,849,383 3,486,435 936,636 426,313
96204 WWTP UV Disinfections System 1,225,986 1,225,986 1,225,986 808,745 42,025 375,215
96205 Industrial Pretreatment Vehicle 25,000 22,584 22,584 22,584 0 C
96206 Maintenance Vehicle 26,000 18,121 18,121 18,121 0 C
96207 Mini Dump Truck 50,000 50,000 50,000 50,000
96208 Bobcat E35 Compact Excavator 27,000 40,000 40,000 27,000 13,000
96611 Bio-Solids Treatment 9,191,761 9,191,761 1,484 9,193,245 7,717,744 10,335 1,465,166 17
96615 Odor Control 2,172,523 2,157,094 2,157,094 1,927,302 229,792
96619 WWTP Generator Replacements 4,211,383 4,411,383 4,411,383 3,015,580 1,162,220 233,583
96621 WWTP New Presses 3,402,580 3,402,580 3,402,580 3,388,052 14,528
96630 Sanitary Sewer Extension 11,609,894 11,572,866 11,572,866 5,159,261 3,741,796 2,671,809
96634 Sanitary Util Reloc Accmmdtn 5,291,813 5,291,813 5,291,813 3,759,814 123,075 1,408,924
96645 Laboratory Upgrade & R&R 2,166,259 1,966,259 1,966,259 1,456,865 227,738 281,656
96654 Facilities Upgrade & Improvement 19,193,882 19,763,708 19,763,708 14,404,575 2,809,311 2,549,822
96664 WPC R & R 23,389,964 23,389,964 23,389,964 17,788,659 2,189,655 3,411,649
96665 Sanitary Sewer R&R 27,628,789 27,628,789 27,628,789 21,447,912 4,500,466 1,680,412
96666 WWTP East Bypass & NE Pump 2,586,522 2,586,522 2,586,522 2,325,971 260,551
96686 Pump Station Replacement 18,276,977 18,276,977 18,276,977 15,624,921 125,420 2,526,636
Sub-Total 135,325,716 135,845,790 1,484 135,847,274 102,352,539 15,895,677 17,599,057
24
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 2014 to March 31, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Gas System
96358 Environmental Remediation 2,404,794 2,404,794 2,404,794 1,385,890 175,902 843,002
96365 Line Relocation-Pinellas Maint 1,906,927 984,106 984,106 502,528 84,670 396,908
96367 Gas Meter Change Out-Pinellas 1,540,000 3,215,000 (80,000) 3,135,000 2,045,457 1,089,543 9
96374 Line Relocation-Pinellas Capitalized 2,586,983 2,586,983 66,496 2,653,479 2,239,879 413,600 10
96376 Line Relocation - Pasco Maint 880,000 380,000 28,593 408,593 84,756 323,837 11
96377 Pinellas New Main / Service Lines 24,534,656 25,344,656 40,188 25,384,844 22,200,469 192,458 2,991,917 12
96378 Pasco New Mains / Service Lines 11,226,538 12,226,538 30,960 12,257,498 9,846,849 253,111 2,157,538 13
96379 Pasco Gas Meter Change Out 1,070,000 467,821 80,000 547,821 452,279 95,542 14
96381 Line Reloc-Pasco-Capitalized 905,000 255,000 21,192 276,192 2,601 273,591 15
96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 838,843 153,157
96384 Gas Building Renovation 1,649,675 1,649,675 1,649,675 496,782 1,152,893
96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 1,012,066 545,779
96386 Expanded Energy Conservation 2,978,418 2,978,418 5,752 2,984,170 2,666,886 90,946 226,338 16
96387 Natural Gas Vehicle 4,100,000 4,100,000 4,100,000 3,718,172 381,829
96389 Future IMS Software & Hardware 200,000 200,000 200,000 56,274 143,726
Sub-Total 58,532,836 59,342,836 193,181 59,536,017 47,549,731 797,087 11,189,199
Solid Waste
96426 Facility R & R 2,152,608 2,152,608 2,152,608 1,528,680 18,632 605,296
96443 Res Container Acquisition-II 1,491,741 1,491,741 1,491,741 1,057,438 434,303
96444 Comm Container Acquisition-II 2,990,020 2,990,020 2,990,020 2,161,260 41,455 787,305
96445 Solar Trash & Recycling Kiosks 189,414 189,414 189,414 189,414 0
96446 Single Stream Recycling Carts 1,500,000 1,484,275 1,484,275 1,484,275 0 C
96447 Transfer Station Rebuild 0 1,000,000 1,000,000 1,000,000
Sub-Total 8,323,783 9,308,058 - 9,308,058 6,421,066 60,087 2,826,904
Utility Miscellaneous
96516 Citywide Aerial Photo 159,533 159,533 159,533 151,596 7,937
96523 Pub Utilities Adm Bldg R&R 634,184 634,184 634,184 526,551 2,987 104,646
Sub-Total 793,717 793,717 - 793,717 678,146 2,987 112,583
Recycling
96804 Recycling Carts/Dumpsters 850,925 866,650 866,650 555,441 2,928 308,282
96805 Recycling Expansion/Particip/R&R 1,271,525 1,271,525 1,271,525 879,780 53,314 338,431
96809 Recyc Processing Ctr Expand & Upgrade 1,000,000 1,000,000 1,000,000
Sub-Total 2,122,450 3,138,175 - 3,138,175 1,435,220 56,242 1,646,713
TOTAL ALL PROJECTS 650,964,903 659,542,947 2,614,010 662,156,957 472,517,439 44,137,910 145,501,608
25
Special Program Fund
Mid Year
Budget Amendments
October 1, 2014 - March 31, 2015
Increase/
Amdmt Program (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Public Safety Programs
AmeriCorps Clearwater 2015
1 99212 66,194
To record a budget increase of $66,194 in grant revenue
from Volunteer Florida to fund the AmeriCorps program for
2015 as approved by the Council on December 15,2014.
The total grant funding approved for the program is
$148,346;this amendment is necessary to correct the first
quarter amendment which established the grant portion of
the program at only $82,152.66,194
2013 RRT - Investigative Cost Recovery - CLOSE PROGRAM
2 99243 (1,368)
To record a transfer of $1,367.66 in fines,forfeitures and
penalties revenue to program 181-99329,Investigative Cost
Recovery.This will return unspent revenue to the original
program and close this completed program.(1,368)
AmeriCorps Clearwater 2013 - CLOSE PROGRAM
3 99246 (24,754)
To record a budget reduction of $24,754.31 in grant
revenue to bring the budget in line with actual revenue
received and close this completed program.(24,754)
Police Education Fund
4 99317 7,149
To record a budget increase of $7,149.17 in police
education fine revenue to bring the budget in line with actual
receipts.7,149
Investigative Cost Recovery
5 99329 38,363 1,368
To record a budget increase of $5,039.22 in grant revenue
from the US Department of Justice,an increase of
$31,553.97 in fines,forfeitures and penalties revenue,and
an increase of $1,769.36 in overtime reimbursement revenue
to bring the budget in line with actual receipts.
To record a transfer of $1,367.66 in fines,forfeitures and
penalties revenue from closed program 181-99243,2013
RRT - Investigative Cost Recovery.39,730
Florida Contraband Forfeiture Fund
6 99330 29,963
To record a budget increase of $29,838.70 in fines,
forfeitures and penalties revenue,and a increase of $124.59
in reimbursement revenue to bring the budget in line with
actual receipts.29,963
Vehicle Replacement
7 99350 4,652
To record a transfer of $4,651.50 in police services revenue
from program 181-99908,Extra Duty Program.This
represents revenue collected for vehicle usage on extra duty
jobs.4,652
26
Special Program Fund
Mid Year
Budget Amendments
October 1, 2014 - March 31, 2015
Increase/
Amdmt Program (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Federal Forfeiture Sharing
8 99387 61,154
To record a budget increase of $61,153.53 in grant revenue
from the US Department of Justice to bring the budget in line
with actual receipts.61,154
Police - Outside Duty
9 99908 182,980 (4,652)
To record a budget increase of $182,979.50 in Police
Services revenue to bring the budget in-line with actual
revenue received.
To record a budget transfer of $4,651.50 in Police Services
revenue to project 181-99350,Vehicle Replacement.This
represents revenue collected for vehicle usage on extra duty
jobs.178,328
Public Safety Program
Totals:361,048 - 361,048
Miscellaneous Programs:
Next Steps to Better Nutrition - NEW PROGRAM
10 98601 10,000
To establish the program and record a budget increase of
$10,000 in grant revenue from the National Council on Aging
as approved by the Council on April 16, 2015.10,000
Special Events
11 99865 692,984
To record a budget increase of $692,984.34;representing
increases of $13,106.38 in rental income,$64,189.20 in
sponsorship revenue,$1,400.00 in memberships and
registrations,$596,863.43 in sales revenue,and $17,425.33
in reimbursements,which will bring the budget in line with
actual receipts for the quarter. 692,984
Health Prevention Program
12 99869 37,500
To record a budget increase of $37,500 in grant revenue
from the Florida Department of Health as approved by the
Council on April 16, 2015.37,500
27
Special Program Fund
Mid Year
Budget Amendments
October 1, 2014 - March 31, 2015
Increase/
Amdmt Program (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Library Special Account
13 99910 560
To record a budget increase of $560.00 in donation
revenue to bring the budget in line with actual receipts.560
Tree Replacement Program
14 99970 11,616
To record a budget increase of $11,616.00 in fines
forfeiture and penalty revenue to bring the budget in line with
actual receipts.11,616
Miscellaneous Programs
Total:752,660 - 752,660
Grand
Total:1,113,708 - 1,113,708
28
SPECIAL PROGRAM STATUS SUMMARY
MID YEAR REVIEW: October 1, 2014 to March 31, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/01/2014 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
PLANNING PROGRAMS
99566 Clearwater Dwntwn Partnership Grant 500 500 - 500 458 - 42
99857 Stimulus - Electronic Plan Submittal & Rev 289,000 289,000 - 289,000 149,927 - 139,073
Sub-Total 289,500 289,500 - 289,500 150,385 - 139,115
PUBLIC SAFETY PROGRAMS
99206 2014 Report Review Team Program 111,979 58,283 - 58,283 39,771 - 18,512
99207 Bulletproof Vests 165,000 165,000 - 165,000 62,074 - 102,926
99208 FDOT HVE Ped/Bicycle Safety Grnt - 94,230 - - 51,439 - (51,439)
99209 Clearwater Cold Case Team 2014 - 30,671 - 30,671 3,421 - 27,250
99211 2014 RRT Invest Cost Recovery - 53,696 - 53,696 3,706 - 49,990
99212 AmeriCorps Clearwater 2015 - 166,246 66,194 232,440 50,319 - 182,121 1
99241 Human Trafficking Overtime 87,000 87,000 - 87,000 50,379 - 36,621
99242 Human Trafficking Zonta Club 5,913 5,913 - 5,913 5,566 - 347
99243 2013 RRT - Invest Cost Recovery 52,377 52,377 (1,368) 51,009 51,009 - 0 C 2
99244 AmeriCorps 2014 259,187 259,187 - 259,187 254,921 - 4,266
99246 AmeriCorps 2013 270,606 262,423 (24,754) 237,669 237,669 - 0 C 3
99264 School Resource Officers 1,492,391 1,803,512 - 1,803,512 1,703,346 - 100,166
99279 Police Recruitments 65,155 68,282 - 68,282 54,738 - 13,544
99281 Fed Forfeitures - Treasury 150,433 151,453 - 151,453 120,171 - 31,282
99316 Police Volunteers 125,921 132,179 - 132,179 117,540 - 14,639
99317 Police Education Fund 1,220,199 1,230,976 7,149 1,238,125 1,126,824 - 111,301 4
99325 Citizen's Police Academy 39,113 30,356 - 30,356 30,356 - 0 C
99329 Investigative Recovery Costs 1,927,724 1,990,413 39,730 2,030,144 1,575,414 2,096 452,634 5
99330 FL Contraband Forfeiture Fnd 1,144,565 895,247 29,963 925,210 606,927 - 318,283 6
99331 Law Enforcement Trust Fund 2,741,235 2,673,065 - 2,673,065 2,575,120 - 97,945
99350 Vehicle Replacement Fund 243,220 254,970 4,652 259,622 32,257 - 227,365 7
99356 Safe Neighborhood Program 640,046 798,803 - 798,803 639,436 40,000 119,367
99364 Crime Prevention Program 24,204 47,386 - 47,386 31,204 - 16,182
99387 Federal Forfeiture Sharing 1,706,496 1,780,080 61,154 1,841,233 1,305,441 94,745 441,047 8
99908 Police - Outside Duty 8,680,187 9,004,154 178,328 9,182,482 9,156,120 - 26,362 9
Sub-Total 21,152,950 22,095,900 361,048 22,362,718 19,885,168 136,841 2,340,709
COMMUNITY DEVELOPMENT
99421 Housing Consulting Service 115,000 115,000 - 115,000 49,334 - 65,666
99732 Housing Rehab 2013 161,152 161,152 - 161,152 160,182 - 970
99737 Public Facilities 2014 180,000 180,000 - 180,000 130,000 - 50,000
99738 Economic Development 2014 50,960 50,960 - 50,960 5,609 - 45,351
99739 Housing Rehab 2014 539,578 539,578 - 539,578 118,230 - 421,348
99740 Program Administration 2014 151,297 151,297 - 151,297 144,778 - 6,519
99741 Relocation/Demolition 2014 27,979 27,979 - 27,979 - - 27,979
99742 Infill Housing 2014 71,585 71,585 - 71,585 10,000 - 61,585
99743 Public Services 2014 128,620 128,620 - 128,620 120,357 - 8,263
99744 Economic Development Incentives 292,500 292,500 - 292,500 - - 292,500
99745 Public Facilities 2015 150,000 150,000 - 150,000 - 150,000 0
99746 Economic Development 2015 10,000 10,000 - 10,000 2,777 - 7,223
99747 Housing Rehab 2015 276,051 276,051 - 276,051 62,188 - 213,863
99748 Program Administration 2015 145,259 145,259 - 145,259 57,007 - 88,252
99750 Infill Housing 2015 10,000 10,000 - 10,000 2,777 - 7,223
99751 Public Services 2015 134,988 134,988 - 134,988 74,724 54,944 5,320
99888 ULI Report Implementation - 500,000 - 500,000 - - 500,000
Sub-Total 2,444,968 2,944,968 - 2,944,968 937,963 204,944 1,802,061
SOCIAL SERVICES
99538 Affordable Housing Imp Fees 426,257 429,677 - 429,677 163,019 - 266,658
99562 HUD Special Education 30,000 30,000 - 30,000 27,200 - 2,800
Sub-Total 456,257 459,677 - 459,677 190,219 - 269,458
29
SPECIAL PROGRAM STATUS SUMMARY
MID YEAR REVIEW: October 1, 2014 to March 31, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/01/2014 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
MARINE
99704 Sembler Mitigation Project 690,456 697,679 - 697,679 134,480 - 563,199
Sub-Total 690,456 697,679 - 697,679 134,480 - 563,199
MISCELLANEOUS PROGRAMS
98601 Next Steps to Better Nutrition - - 10,000 10,000 420,381 - (410,381) 10
99802 Brownfield Revolving Loan 1,200,000 1,200,000 - 1,200,000 420,381 - 779,619
99844 United Way 6,080 7,580 - 7,580 6,896 - 684
99846 Economic Development - QTI 85,729 85,729 - 85,729 52,116 - 33,613
99860 Strategic Direction Action Plan 250,000 250,000 - 250,000 234,750 12,500 2,750
99864 Clearwater Gateway Farmer's Mkt 20,000 20,000 - 20,000 8,808 - 11,192
99865 Special Events 2,623,672 3,230,896 692,984 3,923,881 3,304,317 144,285 475,279 11
99867 Centennial Celebration 150,000 150,000 - 150,000 99,496 12,229 38,275
99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,278
99869 Health Prevention Program 106,301 106,301 37,500 143,801 92,847 50,954 12
99871 State Brownfields Redevelopment Acct 165,078 165,288 - 165,288 154,551 9,333 1,404
99872 Coordinated Child Care - Ross Norton 749,216 1,151,658 - 1,151,658 545,036 - 606,622
99910 Library Special Account 748,635 755,135 560 755,695 727,108 - 28,587 13
99925 Peg Access Support 838,261 838,261 - 838,261 796,977 29,995 11,289
99927 Emergency Operations 5,174,659 5,174,659 - 5,174,659 2,989,678 - 2,184,981
99928 Nagano Sister City Program 100,389 101,864 - 101,864 90,368 10,000 1,496
99950 IDB Fees 54,131 54,131 - 54,131 32,830 - 21,301
99970 Tree Replacement Project 1,267,524 1,333,869 11,616 1,345,485 724,404 6,575 614,506 14
99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612
Sub-Total 14,260,874 15,346,570 752,660 16,099,231 11,301,254 224,917 4,573,060
TOTAL ALL PROJECTS 39,295,006 41,834,294 1,113,708 42,853,772 32,599,469 566,702 9,687,602
30
City of Clearwater
SPECIAL DEVELOPMENT FUND
Mid Year
FY 2014/15
Increase/
(Decrease)Description
Revenues
Allocation of Assigned Fund Balance 535,918
Mid year amendments to Special Development Fund
revenues reflect a net increase of $535,918.
Amendments include:1)an allocation of $248,918 in
Sales Tax Infrastructure revenues to capital project
315-93528,Countryside Library Renovation as
approved by the council on April 16,2015;and 2)an
allocation of $287,000 of Recreation Land Impact
Fees to project 315-93133,Park Land Acquisition as
approved by the Council on April 16, 2015.
535,918$ Net Revenue Amendments
Expenditures
Transfer to Capital Improvement Fund 532,390
Mid year expenditure amendments reflect the
following:1)a transfer of $248,918 in Sales Tax
Infrastructure revenues to capital project 315-93528,
Countryside Library Renovation as approved by the
Council on April 16,2015;2)a transfer of $287,000 of
Recreation Land Impact Fees to project 315-93133,
Park Land Acquisition as approved by the Council on
April 16,2015;and 3)the return of $3,527.93 in
Sales Tax Infrastructure revenue from closed capital
project 315-93630, Sid Lickton Complex Renovations.
532,390$ Net Expenditure Amendments
31
SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS
Mid Year: October 1, 2014 - March 31, 2015 Third Quarter: October 1, 2014 - June 30, 2015
Original First Quarter Mid Year
Budget Amended Budget Amended Budget
2014/15 2014/15 2014/15 Amendments
SPECIAL DEVELOPMENT FUND SPECIAL DEVELOPMENT FUND
Revenues:
Ad Valorem Taxes 1,920,480 1,920,480 1,920,480
Infrastructure Tax 9,453,580 9,453,580 9,453,580
Interest Earnings 35,000 35,000 35,000
Open Space Fees 20,000 20,000 20,000
Recreation Facility Impact Fees 25,000 25,000 25,000
Recreation Land Impact Fees 25,000 25,000 25,000
Transportation Impact 151,180 151,180 151,180
Local Option Gas Tax 1,424,090 1,424,090 1,424,090
Allocation of Assigned Fund Balance 1,770,630 2,280,630 2,816,548 535,918
14,824,960 15,334,960 15,870,878 535,918
Expenditures:
Transfer to Capital Improvement Fund
Road Millage 1,920,480 1,920,480 1,920,480
Infrastructure Tax 6,972,740 7,247,740 7,493,130 245,390
Recreation Facility Land Fees - 230,300 517,300 287,000
Transportation Impact fees 190,000 190,000 190,000
Local Option Gas Tax 1,424,090 1,424,090 1,424,090
Infrastructure Tax - Interfund Transfer 3,500,000 3,500,000 3,500,000
Infrastructure Tax - Debt on Internal Loans 712,650 712,650 712,650
14,719,960 15,225,260 15,757,650 532,390
32
SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS
Mid Year: October 1, 2014 - March 31, 2015 Third Quarter: October 1, 2014 - June 30, 2015
Original First Quarter Mid Year
Budget Amended Budget Amended Budget
2014/15 2014/15 2014/15 Amendments
SPECIAL PROGRAM FUND
Revenues:
CDBG/Home Funds 1,026,250 1,026,250 1,026,250
Interest Earnings 50,000 76,225 76,225
Grant Funds - 290,104 445,237 155,132
Other Governmental Revenue - 402,442 402,442
Police Fines and Court Proceeds - 196,123 276,280 80,158
Donations - 21,707 22,267 560
Sales - 230,423 827,286 596,863
Rentals - 14,025 27,132 13,106
Sponsorships - 67,218 131,407 64,189
Memberships/Registrations - 4,000 5,400 1,400
Contractual Services - 510,521 712,820 202,299
Transfers from General Fund - 776,500 776,500
Sister City Program 3,000 3,000 3,000
Special Events 70,000 70,000 70,000
Bullet Proof Vests 165,000 165,000 165,000
1,314,250 3,853,539 4,967,247 1,113,708
Expenditures:
CDBG/Home Funds 1,026,250 1,026,250 1,026,250
Planning - - -
Public Safety - 942,950 *1,303,997 361,048
Community Development - - -
Social Services - 3,420 3,420
Marine - 7,223 7,223
Sister City Program 3,000 3,000 3,000
Special Event Funding 70,000 70,000 70,000
Bullet Proof Vests 165,000 165,000 165,000
Other Miscellaneous Programs - 1,585,696 *2,338,357 752,660
1,264,250 3,803,539 4,917,247 1,113,708
* reclassified first quarter Police - Outside Duty Program amendment from Other Miscellaneous Programs to Public Safety
LOCAL HOUSING ASSISTANCE TRUST FUND
Revenues:
SHIP Funds 499,550 499,550 499,550
Expenditures:
SHIP Program 499,550 499,550 499,550
499,550 499,550 499,550 -
33
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
Mid Year Review
FY 2014/15
34
In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders
without City Council approval within certain limitations.
The following change orders have been administratively approved since the last report to the Council based on the code
specified criteria:
1. Increases do not exceed 10% over Council approved amount on a cumulative basis.
2. Change does not change the scope of a project.
3. Price increases do not require additional appropriation to the project.
4. Contract price decreases may be approved without limitation.
5. The time for completion may not be extended by more than sixty (60) days, in any one change or
cumulatively for the same project.
*****
03/09/15 Administrative Change Order #2 – East WRF Generator & MS WRF Lab
Electrical Improvements (11-0025-UT). This change order is needed to add items
according to field conditions resulting in a net increase to contract.
B.L. Smith Electric, Inc. 9,734.54
03/09/15 Administrative Change Order #1 and final – Marshall St WRF Chlorine Contact
Tank Improvements (12-0007-UT). This change order is needed for final
decreases and adds items according to field conditions resulting in a net decrease
to contract.
TLC Diversified, Inc. (21,570.00)
03/09/15 Administrative Change Order #1 – Lift Station 29, 46, 50 Improvements (13-
0047-UT). This change order is needed for increases and adds items according to
field conditions resulting in a net increase to contract.
Kloote Contracting, Inc. 34,934.80
03/16/15 Administrative Change Order #1 and final – Corona Avenue Gabions (14-0049-
EN). This change order is needed for final decreases and increases according to
field conditions resulting in a net decrease to contract.
Keystone Excavators, Inc. (131,093.50)
03/18/15 Administrative Change Order #2 – Southgate Swale (14-0026-EN). This change
order is needed for increases and adds items according to field conditions
resulting in a net increase to the contract.
Steve’s Excavating & Paving, Inc. 7,211.65
03/25/15 Administrative Change Order #4 – Countryside Library Branch (11-0059-LI).
This change order is needed to decrease items for owner direct purchases (ODP)
resulting in a net decrease to contract.
Ajax Building Corp. (76,108.00)
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
Mid Year Review
FY 2014/15
35
04/10/15 Administrative Change Order #1 and final – WTP 2 Contract 1: Remote Well
Facilities Expansion (10-0039-UT-A). This change order is needed to decrease
items for owner direct purchases (ODP), and for final decreases and adds items
due to field conditions resulting in a net decrease to contract.
Southeast Drilling Service, Inc. (399,978.85)
05/05/15 Administrative Change Order #1 – East WRF Effluent Filters Rehabilitation (13-
0014-UT). This change order is needed for decreasing the contract by owner
direct purchases (ODP), and related to ODP Sales Tax Savings resulting in a net
decrease to contract.
Poole & Kent Co. (972,564.05)
05/08/15 Administrative Change Order #2 and final – Lift Station 29, 46, 50 (13-0047-UT).
This change order is needed for final decreases and adds according to field
conditions resulting in a net decrease to contract.
Kloote Contracting, Inc. (17,716.25)
Ordinance No. 8743-15 36
ORDINANCE NO. 8743-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2015 TO REFLECT
INCREASES AND DECREASES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND, SOLID
WASTE AND RECYCLING FUND, GAS FUND, PARKING
FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2015, for operating
purposes, including debt service, was adopted by Ordinance No. 8585-14; and
WHEREAS, at the Mid Year Review it was found that an increase of $2,151,120 is
necessary for revenues and an increase of $1,455,619 is necessary for expenditures; and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1 of Ordinance No. 8585-14 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the
fiscal year beginning October 1, 2014 and ending September 30, 2015 a copy
of which is on file with the City Clerk, the City Council hereby adopts an
amended budget for the operation of the City, a copy of which is attached
hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL _________________________
READING AND ADOPTED
_______________________________
George N. Cretekos, Mayor
Approved as to form: Attest:
_______________________________ ________________________________
Pamela K. Akin, City Attorney Rosemarie Call, City Clerk
EXHIBIT A EXHIBIT A
2014-15 BUDGET REVENUE 2014-15 BUDGET REVENUE
First
Quarter Mid Year
Budgeted Amended Amended
Revenues Budget Budget
2014/15 2014/15 2014/15 Amendments
General Fund:
Ad Valorem Taxes 38,779,620 38,779,620 38,779,620 -
Utility Taxes 14,182,400 14,182,400 14,182,400 -
Local Option, Fuel & Other Taxes 7,604,780 7,604,780 7,604,780 -
Franchise Fees 10,090,000 10,090,000 10,090,000 -
Other Permits & Fees 2,220,500 2,220,500 2,220,500 -
Intergovernmental Revenues 19,578,310 19,587,304 19,590,820 3,516
Charges for Services 14,227,040 14,227,040 14,259,540 32,500
Judgments, Fines & Forfeitures 1,034,000 1,034,000 1,034,000 -
Miscellaneous Revenues 1,647,500 1,647,500 1,647,500 -
Transfers In 8,008,410 10,178,977 10,178,977 -
Other Financing Sources - - - -
Transfer (to) from Reserves (364,010) 1,330,605 2,005,605 675,000
Total, General Fund 117,008,550 120,882,726 121,593,742 711,016
Special Revenue Funds:
Special Development Fund 14,824,960 15,334,960 15,870,878 535,918
Special Program Fund 1,314,250 3,853,539 4,967,247 1,113,708
Local Housing Asst Trust Fund - 499,550 499,550 -
Utility & Other Enterprise Funds:
Water & Sewer Fund 71,989,410 72,293,720 72,293,720 -
Stormwater Utility Fund 17,224,640 17,850,323 17,850,323 -
Solid Waste & Recycling Fund 22,795,900 25,210,595 25,400,595 190,000
Gas Fund 42,503,420 47,387,313 46,885,413 (501,900)
Airpark Fund 268,560 270,390 270,390 -
Marine Fund 4,704,840 4,731,395 4,731,395 -
Clearwater Harbor Marina 652,500 656,460 656,460 -
Parking Fund 4,319,810 4,355,000 4,457,378 102,378
Harborview Center Fund - - - -
Internal Service Funds:
Administrative Services Fund 10,342,220 10,459,460 10,459,460 -
General Services Fund 4,453,090 4,509,200 4,509,200 -
Garage Fund 14,874,540 14,932,965 14,932,965 -
Central Insurance Fund 22,856,430 22,971,437 22,971,437 -
Total, All Funds 350,133,120 366,199,033 368,350,153 2,151,120
37 Ordinance #8743-15
EXHIBIT A (Continued) EXHIBIT A (Continued)
2014-15 BUDGET EXPENDITURES 2014-15 BUDGET EXPENDITURES
First
Quarter Mid Year
Original Amended Amended
Budget Budget Budget
2014/15 2014/15 2014/15 Amendments
General Fund:
City Council 278,880 280,040 280,040 -
City Manager's Office 1,091,940 1,110,477 1,110,477 -
City Attorney's Office 1,629,360 1,653,821 1,653,821 -
City Auditor's Office 196,560 200,060 200,060 -
Economic Development & Housing Svc 1,583,830 1,649,545 1,649,545 -
Engineering 7,569,460 7,665,735 7,665,735 -
Finance 2,073,730 2,183,290 2,183,290 -
Fire 23,944,250 23,989,395 23,989,395 -
Human Resources 1,056,010 1,068,780 1,068,780 -
Library 6,070,250 6,156,870 6,156,870 -
Marine & Aviation 870,720 880,470 912,970 32,500
Non-Departmental 3,941,910 6,705,994 7,380,994 675,000
Office of Management & Budget 313,570 313,570 313,570 -
Official Records & Legislative Svcs 1,002,630 1,015,675 1,015,675 -
Parks & Recreation 22,360,110 22,660,240 22,660,240 -
Planning & Development 4,887,680 5,035,445 5,035,445 -
Police 36,849,710 37,012,289 37,015,805 3,516
Public Communications 1,012,470 1,025,550 1,025,550 -
Public Utilities 275,480 275,480 275,480 -
Total, General Fund 117,008,550 120,882,726 121,593,742 711,016
Special Revenue Funds:
Special Development Fund 14,719,960 15,225,260 15,757,650 532,390
Special Program Fund 1,264,250 3,803,539 4,917,247 1,113,708
Local Housing Asst Trust Fund 499,550 499,550 499,550
Utility & Other Enterprise Funds:
Water & Sewer Fund 70,406,600 70,710,910 70,710,910 -
Stormwater Utility Fund 17,207,410 17,595,223 17,595,223 -
Solid Waste & Recycling Fund 22,721,790 25,136,485 25,136,485 -
Gas Fund 37,515,660 40,207,978 39,296,483 (911,495)
Airpark Fund 207,810 209,640 209,640
Marine Fund 4,526,360 4,552,915 4,562,915 10,000
Clearwater Harbor Marina 554,280 558,240 558,240 -
Parking Fund 4,246,040 4,281,230 4,281,230 -
Harborview Center Fund - - - -
Internal Service Funds:
Administrative Services Fund 10,254,800 10,372,040 10,372,040 -
General Services Fund 4,386,430 4,442,540 4,442,540 -
Garage Fund 14,848,020 14,906,445 14,906,445 -
Central Insurance Fund 22,838,200 22,953,207 22,953,207 -
Total, All Funds 343,205,710 356,337,928 357,793,547 1,455,619
38 Ordinance #8743-15
39
Ordinance No. 8744-15
ORDINANCE NO. 8744-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2015, TO REFLECT A NET INCREASE OF $2,614,010
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30, 2015 was adopted by Ordinance No. 8586-14; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council
to provide for the expenditure of money for proper purposes not contained in the budget
as originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 8586-14 is amended to read:
Pursuant to the Mid Year Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
2014 and ending September 30, 2015, a copy of which is on file with the
City Clerk, the City Council hereby adopts a Mid Year Amended budget
for the capital improvement fund for the City of Clearwater, a copy of
which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos, Mayor
Approved as to form: Attest:
______________________________ ____________________________
Pamela K. Akin, City Attorney Rosemarie Call, City Clerk
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
2014/15 2014/15 2014/15 Amendments
Police Protection 1,775,000 1,775,000 1,775,000
Fire Protection 5,007,240 4,975,211 5,011,083 35,872
New Street Construction 0 0 0
Major Street Maintenance 3,369,570 3,369,570 3,369,570
Sidewalk and Bike Trail 472,000 472,000 472,000
Intersections 335,000 335,000 335,000
Parking 287,500 287,500 287,500
Miscellaneous Engineering 35,000 35,000 685,000 650,000
Land Acquisition 0 235,000 522,000 287,000
Park Development 1,860,000 3,330,514 3,326,986 (3,528)
Marine Facilities 548,000 548,000 548,000
Airpark Facilities 15,000 140,000 140,000
Libraries 635,000 635,000 1,008,918 373,918
Garage 7,697,000 7,697,000 8,773,108 1,076,108
Maintenance of Buildings 645,000 645,000 645,000
Miscellaneous 1,070,000 1,070,000 1,070,000
Stormwater Utility 5,804,850 9,254,335 9,254,335
Gas System 4,000,000 4,810,000 5,003,181 193,181
Solid Waste 520,000 1,504,275 1,504,275
Utilities Miscellaneous 110,000 110,000 110,000
Sewer System 7,617,380 8,137,454 8,138,938 1,484
Water System 6,590,000 6,590,000 6,589,975 (25)
Recycling 90,000 1,105,725 1,105,725
TOTAL PROJECT EXPENDITURES 48,483,540 57,061,584 59,675,594 2,614,010
GENERAL SOURCES:
General Operating Revenue 2,345,100 3,999,285 4,674,260 674,975
General Revenue/County Co-op 635,000 635,000 635,000
Road Millage 1,920,480 1,920,480 1,920,480
Penny for Pinellas 6,972,740 7,247,740 7,529,002 281,262
Transportation Impact Fee 190,000 190,000 190,000
Recreation Land Impact Fees 0 230,300 517,300 287,000
Local Option Gas Tax 1,424,090 1,424,090 1,424,090
Special Program Fund 35,000 35,000 35,000
Grants - Other Agencies 0 0 0
Other Governmental 0 554,397 555,881 1,484
Property Owner's Share 0 0 193,181 193,181
Donations 100,000 125,000 225,000 100,000
Contributions 0 324,000 324,000
Developer Public Art Contribution 0 0 0
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15
40
Ordinance # 8744-15
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
2014/15 2014/15 2014/15 Amendments
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15
SELF SUPPORTING FUNDS:
Marine Revenue 120,000 120,000 120,000
Clearwater Harbor Marina Revenue 15,000 15,000 15,000
Airpark Revenue 15,000 15,000 15,000
Parking Revenue 357,500 357,500 357,500
Utility System:
Water Revenue 4,764,700 4,764,700 4,764,700
Sewer Revenue 5,900,460 5,900,460 5,900,460
Water Impact Fees 10,300 10,300 10,300
Sewer Impact Fees 12,460 12,460 12,460
Utility R&R 3,397,460 3,397,460 3,397,460
Stormwater Utility Revenue 5,804,850 5,804,850 5,804,850
Gas Revenue 4,000,000 4,000,000 4,000,000
Solid Waste Revenue 520,000 1,520,000 1,520,000
Recycling Revenue 90,000 1,090,000 1,090,000
Grants - Other Agencies 0 3,512,457 3,512,457
INTERNAL SERVICE FUNDS:
Garage Revenue 232,000 232,000 232,000
Administrative Services Revenue 710,000 710,000 710,000
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund 1,014,400 1,014,400 1,014,400
BORROWING - SELF SUPPORTING FUNDS:
Lease Purchase - Water 155,000 155,000 155,000
Lease Purchase - Sewer 77,000 79,705 79,705
Lease Purchase - Stormwater 0 0 0
Bond Issue - Water & Sewer 0 0 0
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 7,265,000 7,265,000 8,341,108 1,076,108
Lease Purchase - Administrative Services 400,000 400,000 400,000
TOTAL ALL FUNDING SOURCES:48,483,540 57,061,584 59,675,594 2,614,010
41
Ordinance # 8744-15
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1415
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 14.1
SUBJECT/RECOMMENDATION:
Transportation Sub Committee Meeting Request - Councilmember Jonson
SUMMARY:
Councilmember Jonson would like to propose a Trans Subcommittee meeting to discuss:
1.Coordination of STP funding for buses
2.TMA project priority
3.TIGER grant trip to DC
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 6/11/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1282
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 18.1
SUBJECT/RECOMMENDATION:
Symposium Recap - Mike Meidel, Pinellas County Economic Development Director
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 6/11/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1416
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 18.2
SUBJECT/RECOMMENDATION:
Clearwater Leadership Academy Student Recognition
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 6/11/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1417
Agenda Date: 6/15/2015 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Work Session
Agenda Number: 18.3
SUBJECT/RECOMMENDATION:
Progress Report on Tampa International Airport - Joe Lopano, Airport CEO
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 6/11/2015
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