09/17/2015Thursday, September 17, 2015
6:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
City Council
Meeting Agenda
September 17, 2015City Council Meeting Agenda
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then
state your name and address. Persons speaking before the City Council shall be limited to three (3)
minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding
items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a maximum of
ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a
spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will
be allowed for an agenda item. No person shall speak more than once on the same subject unless
granted permission by the City Council. The City of Clearwater strongly supports and fully complies
with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting
if you require special accommodations at 727-562-4090. Assisted Listening Devices are available.
Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Special recognitions and Presentations (Proclamations, service awards, or
other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.)
4.1 Falls Prevention Awareness Day Proclamation - Pete Grasso, Fall Prevention
Coalition of Better Living for Seniors
4.2 Sickle Cell Awareness Month Proclamation - Tony Hinson, The Sickle Cell
Disease Association of Upper Pinellas/Pasco/Hernando Counties
5. Approval of Minutes
5.1 Approve the minutes of the September 3, 2015 City Council Meeting as
submitted in written summation by the City Clerk.
6. Citizens to be heard re items not on the agenda
Public Hearings - Not before 6:00 PM
Page 2 City of Clearwater Printed on 9/17/2015
September 17, 2015City Council Meeting Agenda
7. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
7.1 Adopt Ordinance 8766-15 on second reading, declaring the millage rate to be
levied for the Fiscal Year beginning October 1, 2015 and ending September
30, 2016, for operating purposes including the funding of pensions, debt
service, and road maintenance for capital improvement expenditures at 5.1550
mills.
7.2 Adopt Ordinance 8767-15 on second reading, adopting an operating budget
for the Fiscal Year beginning October 1, 2015 and ending September 30,
2016; authorizing the City Manager to issue such instructions that are
necessary to achieve and accomplish the service programs so authorized;
authorizing the City Manager to transfer monies and programs among the
departments and activities within any fund as provided by Chapter 2 of the
Clearwater Code of Ordinances.
7.3 Adopt Ordinance 8768-15 on second reading, adopting the Capital
Improvement Program Budget for the Fiscal Year beginning October 1, 2015
and ending September 30, 2016; approving the six-year Capital Improvement
Program which shall be reevaluated at the beginning of each fiscal year;
authorizing the City Manager to issue such instructions that are necessary to
achieve and accomplish the capital improvements so authorized; authorizing
the City Manager to transfer money between projects in the Capital
Improvement Program; appropriating available and anticipated resources for
the projects identified.
7.4 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 1214 Aloha Lane; and pass Ordinances
8756-15, 8757-15 and 8758-15 on first reading. (ANX2015-07018)
7.5 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 2122 and 2148 Burnice Drive; together
with certain right-of-way of Burnice Drive; and pass Ordinances 8759-15,
8760-15 and 8761-15 on first reading. (ANX2015-07019)
Page 3 City of Clearwater Printed on 9/17/2015
September 17, 2015City Council Meeting Agenda
7.6 Approve the annexation, initial Future Land Use Map designation of
Institutional (I) and initial Zoning Atlas designation of Institutional (I) District for
2853 and 2859 Sunset Point Road and an unaddressed parcel on Sunset
Point Road; and pass Ordinances 8762-16, 8763-16 and 8764-16 on first
reading. (ANX2015-07020)
8. City Manager Reports
8.1 Amend the City’s fiscal year 2014/15 Operating and Capital Improvement
Budgets at third quarter and pass Ordinances 8769-15 and 8770-15 on first
reading.
8.2 Approve the Collective Bargaining Agreement between the City of Clearwater
and International Association of Firefighters Local 1158 for Fiscal Year
2015/16, 2016/17, and 2017/18 and authorize the appropriate officials to
execute same.
8.3 Approve the annual renewal of Layne Inliner, LLC, Sanford, FL, construction
contract for the cleaning and video inspection of stormwater outfall locations
throughout the City of Clearwater in the annual amount of $435,000 for year
two and year three for a total of $870,000, and authorize the appropriate
officials to execute same.
8.4 Award a Construction Contract to Castco Construction, Inc., of Largo, Florida,
in the amount of $281,195.92 for Mission Hills Raw Water Main Project
(14-0038-UT), which is the lowest responsible bid received in accordance with
plans and specifications for this project; approve Supplemental Work Order 1
to Engineer of Record (EOR) URS Corporation in the amount of $11,955 to
provide limited Construction Engineering and Inspection Services (CEI); and
approve a Facility Encroachment Agreement with CSX, authorize the
appropriate officials to execute same and adopt Resolution 15-23.
8.5 Approve Supplemental Work Order 3 to Engineer of Record (EOR) Interflow
Engineering, LLC, of Clearwater, Florida, in the amount of $78,889 for
Magnolia Drive Outfall Storm Drainage and Water Quality Improvements
(12-0023-EN), and authorize the appropriate officials to execute same.
8.6 Approve a Construction Manager at Risk proposal from Keystone Excavators
Inc, of Oldsmar, Florida, in the amount of $1,587,552 for construction of
Jeffords Street Outfall (10-0032-EN), and authorize the appropriate officials to
execute same.
Page 4 City of Clearwater Printed on 9/17/2015
September 17, 2015City Council Meeting Agenda
8.7 Approve the Fourth 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, dedicating 27 parking spaces within the Harborview parking
lot for city library staff’s exclusive use and releasing CMA from the current
obligation to pay for alternative parking, and authorize the appropriate officials
to execute same.
8.8 Approve the renewal of a Software Support Agreement for the TriTech
System, in the amount of $170,484.24, for a 12-month period beginning
October 1, 2015 and ending September 30, 2016 and authorize the
appropriate officials to execute same.
8.9 Approve the purchase order (contract) for 200 Taser X26P Conducted
Electrical Weapons (CEW) from Taser International, Inc. for $218,502.00,
authorize the appropriate individuals to execute same; declare the current
Clearwater Police Department (CPD) inventory of 238 Taser X26 Conducted
Electrical Weapon units as surplus and authorize the disposition of said units.
8.10 Appoint a councilmember to the Pinellas Suncoast Transit Authority (PSTA) for
a three-year term starting October 1, 2015 and expiring on September 30,
2018.
8.11 Approve 2016 State Legislative Package.
8.12 Reschedule the September 28, 2015 Community Redevelopment Agency
(CRA) meeting.
9. City Attorney Reports
10. Other Council Action
10.1 BP Settlement and Strategic Projects - Councilmember Jonson
10.2 Veterans Memorial Agenda Item vs. the MOU - Councilmember Jonson
11. Closing comments by Councilmembers (limited to 3 minutes)
12. Closing Comments by Mayor
13. Adjourn
Page 5 City of Clearwater Printed on 9/17/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1664
Agenda Date: 9/17/2015 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will
be limited to ten minutes.)
In Control: City Council
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Falls Prevention Awareness Day Proclamation - Pete Grasso, Fall Prevention Coalition of
Better Living for Seniors
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 9/17/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1666
Agenda Date: 9/17/2015 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will
be limited to ten minutes.)
In Control: City Council
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Sickle Cell Awareness Month Proclamation - Tony Hinson, The Sickle Cell Disease
Association of Upper Pinellas/Pasco/Hernando Counties
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 9/17/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1715
Agenda Date: 9/17/2015 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: City Council
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the September 3, 2015 City Council Meeting as submitted in written
summation by the City Clerk.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 9/17/2015
City Council Meeting Minutes September 3, 2015
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Thursday, September 3, 2015
6:00 PM
Council Chambers
City Council
Page 1 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
Roll Call
Present: 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Hoyt Hamilton and
Vice Mayor Jay E. Polglaze Also Present: William B. Horne II – City Manager (Arrived – 6:52 p.m.), Jill Silverboard – Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague – Official Records and Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order. Unapproved
1. Call to Order – Mayor Cretekos
The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – Pastor Akil Thomspson from New Destiny Worship Center 3. Pledge of Allegiance – Vice Mayor Polglaze
4. Special recognitions and Presentations (Proclamations, service awards, or
other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.)
4.1 End of Session Report – The Honorable Jack Latvala, Florida Senate
4.2 Clearwater Fire and Rescue Department Fire Fighter Appreciation Month
Proclamation, September 2015 – Erin Authier, Muscular Dystrophy Associatio; Patrick
Conrey and Sean Becker – Clearwater Fire Department.
4.3 First Annual Clearwater Centennial Cup Football Game
Mayor Cretekos said tomorrow the first Clearwater Centennial Cup will be held
between the Clearwater High School Tornadoes and the Countryside High
School Cougars. The winner will be presented with a trophy.
Page 2 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015 5. Approval of Minutes
5.1 Approve the minutes of the August 20, 2015 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the
August 20, 2015 City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
6. Citizens to be heard re items not on the agenda
Suzanne Dorn expressed concerns with workplace safety of city employees
and urged that funding be included in the proposed budget to address safety
concerns.
7. Consent Agenda – Approved as submitted, less Items 7.2, 7.11, and 7.13.
7.1 Approve a placement agreement with Fallbrook Credit Finance, LLC to broker the sale
and transfer of ownership of the City of Clearwater’s Voluntary Cleanup Tax Credits
(VCTC) certificates, approve an Agreement of Sale and Assignment of Florida
Voluntary Cleanup Tax Credits for the sale and transfer of ownership of the VCTC
certificates to a potential purchaser, and authorize the appropriate officials to execute
same. (consent)
7.2 Approve the purchase of excess liability, excess workers compensation, and
numerous specialty insurance policies from October 1, 2015 through September 30,
2016 at an amount not to exceed $720,000, and authorize the appropriate officials to
execute same. (consent)
See Below.
7.3 Approve the Purchase Contract for the city purchase of former railroad right-of-way
that bifurcates the Gas Administrative Complex at 400 North Myrtle Ave and 700
Jones St, Clearwater, with an estimated purchase price of $204,000 and total
expenditures not to exceed $232,125 including survey services, closing costs and
other ancillary expenses, together with all other instruments required for closing;
approve the CSX Transportation. Inc. Temporary Right-of-Entry Agreement; and
authorize the appropriate officials to execute same. (consent)
7.4 Approve a Consulting Services Agreement and Purchase Order with Black and Veatch
Corporation, in the amount of $350,000, for the period September 8, 2015 through
August 30, 2020, for an independent audit of Clearwater Gas System’s utility
operations and authorize the appropriate officials to execute same. (consent)
Page 3 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
7.5 Approve acceptance 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 and authorize the appropriate officials
to execute same. (consent)
7.6 Approve a contract (purchase order) in the amount of $420,199.20 with the Pinellas
County Sheriff’s Office, Largo, Florida for latent fingerprint, crime scene processing,
evidence and property storage and Pinellas Juvenile Assessment Center services,
during the one-year contract period commencing October 1, 2015 through September
30, 2016, and authorize the appropriate officials to execute same. (consent)
7.7 Approve an Interlocal Agreement between the Clearwater Community Redevelopment
Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year
2015-2016 in the amount of $166,596.78 to underwrite the cost of additional
Community Policing services by the Clearwater Police Department in the East
Gateway CRA District, pursuant to the East Gateway Five-Year Action Program for
fiscal years 2012-2017, and authorize the appropriate officials to execute same.
(consent)
7.8 Accept a Drainage Easement conveyed by Instrument Transformers, LLC over a
portion of property located at 1907 Calumet Drive, Clearwater. (consent)
7.9 Award a construction contract to Central Florida Contractors, Inc. of Seminole, Florida
for the 2015 Sidewalk Construction Project (14-0044-EN) in the amount of
$237,644.11, and authorize the appropriate officials to execute same. (consent)
7.10 Approve a contract (purchase order) in the amount of $168,000 to TSO Mobile, Inc.,
Miami, FL for vehicle GPS tracking devices and software services; approve an
increase of $54,000 in Purchase Order BR510269, and authorize the appropriate
officials to execute same. (consent)
7.11 Approve a continuing contract (Blanket Purchase Order) in the amount of $101,490
for Fiscal Year 2016 with Cayenta, a division of N. Harris Computer Corporation, for
support and maintenance related to the Utility Management System, four option years
with a maximum 2% increase annually, to extend the term of the agreement through
September 30, 2020 at the City's discretion; approve $25, 000 blanket purchase order
for Consulting Services from Cayenta, a division of N. Harris Computer Corporation,
for support efforts in finding efficiencies to streamline business processes during
Fiscal Year 2016; and authorize the appropriate officials to execute same. (consent)
See Below.
7.12 Approve an amendment to the Private-Public Partnership Service and Access
Agreement between the City of Clearwater and Harris Corporation, and authorize the
appropriate officials to execute same. (consent)
7.13 Appoint John Quattrocki as the alternate member to the Community Development
Page 4 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
Board to fill the remainder of an unexpired term through April 30, 2018. (consent)
See Below.
7.14 Appoint Desaray Dilday to the Sister Cities Advisory Board as the youth member to fill
the remainder of an unexpired term through December 31, 2016. (consent)
Councilmember Hock-DiPolito moved to approve the Consent Agenda
as submitted, less Items 7.2, 7.11, and 7.13, and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
7.2 Approve the purchase of excess liability, excess workers compensation, and
numerous specialty insurance policies from October 1, 2015 through September 30,
2016 at an amount not to exceed $720,000, and authorize the appropriate officials to
execute same. (consent)
The Risk Management Division of the Finance Department purchases certain
excess and specialty insurance policies through the efforts of Arthur J.
Gallagher and Company.
These policies include an excess liability package through Llyod’s of London
for coverages including General Liability, Automobile Liability, Employee
Benefits Liability, Public Officials Liability Personal Injury Law Enforcement
Liability, Marine Operator’s Liability, EMS Liability, and Compressed Natural
Gas Liability; an excess workers compensation package through Safety
National for coverages including Workers Compensation and Employer
Liability; and additional excess policies for Third Party Storage Tank Liability,
Hull Protection and Indemnity, Cyber Liability and numerous flood policies.
Due to the City’s favorable loss history, the rates remained unchanged for the
package policies, although the premiums for excess Workers Compensation
coverage increased due to anticipated increased payrolls as a result of
additional budgeted positions. Risk Management is also estimating an
increase of 10% for the additional excess policies, and a 20% increase for the
various flood policies.
This year’s renewal reflects an increase of $25,000 (3.6%) over the October 1,
2014 approved budget, and an increase of $53,786 (8.07%) over the actual
premiums paid for Fiscal Year 2015. This request allows us to factor in the
estimated increases while maintaining our standard contingency of
approximately $20,000.
APPROPRIATION CODE AND AMOUNT:
0590-07000-545100-519-000-0000 $720,000 Page 5 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
It was stated that the South Beach Pavilion and Pier 60 Concession stand
were not included in the detailed list; staff will look into the items. It was stated
that the lease holder on the property pays the insurance on the structure.
Vice Mayor Polglaze moved to approve the purchase of excess
liability, excess workers compensation, and numerous specialty
insurance policies from October 1, 2015 through September 30,
2016 at an amount not to exceed $720,000, and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
7.11 Approve a continuing contract (Blanket Purchase Order) in the amount of $101,490
for Fiscal Year 2016 with Cayenta, a division of N. Harris Computer Corporation, for
support and maintenance related to the Utility Management System, four option years
with a maximum 2% increase annually, to extend the term of the agreement through
September 30, 2020 at the City's discretion; approve $25, 000 blanket purchase order
for Consulting Services from Cayenta, a division of N. Harris Computer Corporation,
for support efforts in finding efficiencies to streamline business processes during
Fiscal Year 2016; and authorize the appropriate officials to execute same. (consent)
Since 1998, Utility Customer Service has used Cayenta’s software utility
management system to bill a wide range of services for water, sewer, reclaim
water, stormwater, solid waste, recycling and gas to over 50,000 customers at
approximately $150 million annually. The system is also utilized by other city
departments (i.e., Gas, Public Utilities, Solid Waste, and Police).
Utility Customer Service recommends that the City continue to use Cayenta’s
Utility Management System because it is a mission critical system, the software
is proprietary and thus supported and maintained by Cayenta and reinvesting
in our utility system allows us to keep pace with ever changing demands.
The Fiscal Year 2015 BPO amount is $99,500.00. The 2% annual increase for
support and maintenance, capped at 2 %, increases the Fiscal Year 2016
costs to $101,490.
APPROPRIATION CODE AND AMOUNT:
Funds for support and maintenance contract of $101,490 have been budgeted
for Fiscal Year 2016 in cost code 0555-09884-546200-519-000-000 (Other
Equipment Service and Repair).
Funds for the $25,000 professional services have been budgeted for Fiscal
Year 2016 in cost code 0555-09887-530100-519-000-0000 (Professional
Services).
Page 6 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
Support was expressed for including finding efficiencies to streamline
business processes in every contract.
Councilmember Hamilton moved to approve a continuing contract
(Blanket Purchase Order) in the amount of $101,490 for Fiscal Year
2016 with Cayenta, a division of N. Harris Computer Corporation,
for support and maintenance related to the Utility Management
System, four option years with a maximum 2% increase annually, to
extend the term of the agreement through September 30, 2020 at
the City's discretion; approve $25, 000 blanket purchase order for
Consulting Services from Cayenta, a division of N. Harris Computer
Corporation, for support efforts in finding efficiencies to streamline
business processes during Fiscal Year 2016; and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
7.13 Appoint John Quattrocki as the alternate member to the Community Development
Board to fill the remainder of an unexpired term through April 30, 2018. (consent)
APPOINTMENT WORKSHEET
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7 & 1 alternate
CHAIRPERSON: Brian A. Barker
MEETING DATES: 3rd Tues., 1:00 p.m.
PLACE: Council Chambers APPTS. NEEDED: 1 (alt. member)
SPECIAL QUALIFICATIONS: Board shall include members qualified and
experienced in the fields of architecture, planning, landscape architecture,
engineering, construction, planning & land use law and real estate
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION
TO FILL THE VACANT ALTERNATE SEAT (John Funk) WITH TERM TO
EXPIRE 4/30/18:
1. Robert J. Aude - 1719 Brentwood Dr., 33756 - Architect
2. John Quattrocki - 1353 Stewart Blvd., 33764 - Real Estate Broker/Developer
Zip codes of current members:
1 at 33759
1 at 33761
1 at 33763 Page 7 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
1 at 33764
3 at 33767
Current Categories:
1 Architect
2 Attorneys
1 Building Contractor
1 Civil Engineer
1 Real Estate Broker
1 Landscape Architect
In response to a question, the City Clerk said based on Council’s direction
during the last CDB appointment to seek individuals in the professional
categories, staff did not include applicants who did not meet that criteria.
Support was expressed to appoint Mr. Aude, an architect, who lives in a zip code not currently represented.
Councilmember Jonson moved to appoint Robert Aude.
Motion failed for lack of a second.
It was stated that both applicants are qualified to serve on the CDB and that
Mr. Quattrocki has served on the Pinellas County Permitting Advisory
Committee.
Councilmember Hock-DiPolito moved to appoint John Quattrocki as the
alternate member to the Community Development Board to fill the
remainder of an unexpired term through April 30, 2018. The motion
was duly seconded and upon the vote being taken:
Ayes:4 - Mayor Cretekos, Vice Mayor Polglaze, Councilmember Hock-DiPolito,
and Councilmember Hamilton
Nays: 1 - Councilmember Jonson Motion carried.
Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings
8.1 Set final millage rate of 5.1550 mills for fiscal year 2015/16 against non-exempt real
and personal property within the City of Clearwater and pass Ordinance 8766-15 on
first reading.
In accordance with Chapter 200 of the Florida Statutes, which defines Page 8 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
requirements for the Determination of Millage and the rules governing Truth in
Millage (TRIM) compliance, the City Council must hold two public hearings to
adopt a final millage rate for the new fiscal year. The adoption of this
ordinance to establish the millage rate and the two related budget ordinances
are an integral part of fulfilling these requirements.
The City Council set a tentative millage rate of 5.1550 mills on July 16, 2015,
which is the rate that appeared on the TRIM bill notices mailed to taxpayers in
August. The millage rate of 5.1550 mills represents a 5.78% increase from the
rolled back rate of 4.8735 mills.
Ordinance 8766-15 is presented in order to adopt the millage rate of 5.1550
mills to support the operating and capital improvement budgets for the 2015/16
fiscal year.
Budget Manager Kayleen Kastel presented a PowerPoint presentation.
In response to a question, Ms. Kastel said the budget document lists public
streets and sidewalks in the Parks and Recreation budget.
Councilmember Hamilton moved to set final millage rate of 5.1550
mills for fiscal year 2015/16 against non-exempt real and personal
property within the City of Clearwater. The motion was duly
seconded and carried unanimously.
Ordinance 8766-15 was presented and read in full. Councilmember
Jonson moved to pass Ordinance 8766-15 on first reading. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.2 Approve the City of Clearwater Annual Operating Budget for the 2015/16 fiscal year
and pass Ordinance 8767-15 on first reading.
In accordance with Chapter 200 of the Florida Statutes and the rules governing
Truth in Millage (TRIM) compliance, the City Council must hold two public
hearings to adopt the budget. The adoption of this ordinance and the related
ordinances adopting the 2015/16 millage rate and the Capital Improvement
Budget are an integral part of fulfilling these requirements.
On June 30, 2015, the City Manager provided the City Council with a
Preliminary Annual Operating and Capital Improvement Budget that outlined
Page 9 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
estimates of revenues and expenditures for the 2015/16 fiscal year. On July
13, 2015 the City Manager presented the preliminary budget at the work
session for Council discussion. The preliminary budget was also presented at
the July 16, 2015 council meeting, and at the August 17, 2015 Special Council
Meeting for citizen input.
After the Preliminary budget was released, management approved a reduction
to the Public Utilities expenditure budget to eliminate the cost of five full time
equivalent (FTE) positions that were requested in the proposed budget. After
completing the Stormwater Rate Study in July 2015, a new rate structure is
planned to be effective October 1, 2015 which will reduce the estimated
Stormwater Fee revenue included in the proposed budget. Upon Council
action at the August 17, 2015 meeting, a donation to the Clearwater Historical
Society is being added to the General Fund for fiscal year 2015/16. These are
the only changes to the Preliminary Operating Budget at this time.
In response to a question, Assistant City Manager Jill Silverboard said funding
is provided in each department for safety related and professional competency
related training, as well as certifications and licensures the City pays for
employees to maintain.
Councilmember Hock-DiPolito moved to approve the City of
Clearwater Annual Operating Budget for the 2015/16 fiscal year.
The motion was duly seconded and carried unanimously.
Ordinance 8767-15 was presented and read by title only. Vice
Mayor Polglaze moved to pass Ordinance 8767-15 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.3 Adopt the Fiscal Year 2015/16 Annual Capital Improvement Budget and establish a
six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 8768-15
on first reading.
In accordance with Chapter 200 of the Florida Statutes and the rules governing
Truth in Millage (TRIM) compliance, the City Council must hold two public
hearing to adopt the final budget. The adoption of this ordinance and the
related ordinances adopting the 2015/16 millage rate and operating budget are
an integral part of fulfilling these requirements.
On June 30, 2015, the City Manager provided the City Council with a
Preliminary Annual Operating and Capital Improvement Budget that outlined
Page 10 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
estimates of revenues and expenditures for the 2015/16 fiscal year. On July
13, 2015 the City Manager presented the preliminary budget at the work
session for Council discussion. The preliminary budget was also presented at
the July 16, 2015 council meeting, and at the August 17, 2015 Special Council
Meeting for citizen input.
On August 6, 2015, Council approved adding the Morningside Recreation
Center project to the six-year capital plan with funding of $2,580,000 planned
from Penny for Pinellas funds in fiscal year 2016/17. At the August 17, 2015
Special Council Meeting, the Council approved adding the Crest Lake Park
Renovation project to the six year plan with funding of $250,000 planned from
Penny for Pinellas funds in fiscal year 2015/16. These are the only changes to
the Preliminary Capital Improvement Budget at this time.
Two individuals opposed a Morningside Recreation Center, with one
individual urging the City to speak with the neighborhood to ensure a
recreation center is wanted and one expressing concerns with traffic, parking,
and road conditions.
One individual supported a new Morningside Recreation Center.
Discussion ensued with concerns expressed regarding the impact the
proposed recreation center would have on public safety and vehicular traffic
and that the proposed recreation center would increase the total FTE count.
Councilmember Hamilton moved to adopt the Fiscal Year 2015/16
Annual Capital Improvement Budget and establish a six-year plan
for the Capital Improvement Program (CIP). The motion was duly
seconded and upon the voted being taken:
Ayes:3 - Mayor Cretekos, Councilmember Hamilton and Vice Mayor Polglaze
Nays: 2 - Councilmember Hock-DiPolito and Councilmember Jonson
Motion carried.
Ordinance 8768-15 was presented and read by title only.
Vice Mayor Polglaze moved to pass Ordinance 8768-15 on first
reading. The motion was duly seconded and upon roll call, the vote
was: Ayes: 3 - Mayor Cretekos, Councilmember Hamilton and Vice Mayor Polglaze
Nays: 2 - Councilmember Hock-DiPolito and Councilmember Jonson
Motion carried.
8.4 Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years Page 11 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
2015/16 through 2019/20.
On March 6, 1997, the City Council adopted Ordinance 6137-97. The
ordinance established the requirement for a special hearing prior to adoption of
the capital improvement budget to discuss the use of Penny for Pinellas tax,
and at any time in which there is any proposed change to the Penny for
Pinellas project funding of $500,000 or more.
Changes to the Penny for Pinellas projects that meet this criteria in the
proposed 2015/16 capital improvement budget and six-year plan include the
following:
• The Morningside Recreation Center Replacement project has
been added to the project list with a budget of $2,580,000. The
funding will provide additional funds needed for the construction
of a new facility. This funding has been reallocated from
Undesignated Future Penny Projects.
• The Joe DiMaggio Sports Complex Multipurpose Fields project
has been established in the amount of $1,750,000, to provide
for construction of multipurpose fields. This funding has been
reallocated from the Youth Sports Fields Renovation project.
• The Cooper’s Point Park Improvements project has been
established in the amount of $150,000 to provide for the
construction of an observation tower, supporting walking trails,
and specific access points to Cooper’s Point Park. This funding
has been reallocated from the Neighborhood Parks Renovations
project.
• The Bridge Maintenance & Improvements project has been
added to the project list with a budget of $669,000 to provide
funds needed for the annual maintenance program to keep the
City’s bridges inspected. This funding has been reallocated from
the City-wide Seawall Replacement project.
• The Sid Lickton Batting Tunnels project has been established in
the amount of $50,000 to provide for the construction of outdoor
batting tunnels to be used by City co-sponsored groups. This
funding has been reallocated from the Youth Sports Fields
Renovation project.
• The Crest Lake Park Improvements project has been
established in the amount of $250,000 to provide funding for the
conceptual design and permitting necessary for the future
construction project. This funding has been reallocated from the
Neighborhood Parks Renovation project.
• The Youth Sports Fields Renovations project was reduced by
$1,843,500 with the funding being reallocated to Joe DiMaggio
Page 12 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015 Multipurpose Fields in the amount of $1,750,000; Sid Lickton
Batting Tunnels in the amount of $50,000 and Countryside Plex
Restroom/Concession in the amount of $43,500.
• The Neighborhood Parks Renovations project was reduced by
$400,000 with the funding being reallocated to Crest Lake Park
Improvement project in the amount of $250,000 and Coopers
Point Park Improvements in the amount of $150,000.
• The City-wide Seawall Replacement project was reduced by
$669,000 with the funding being reallocated to Bridge
Maintenance & Improvements project.
The planned timing for the design and construction of two fire stations has
changed as follows:
• The Clearwater Beach Fire Station will now be designed and
constructed in fiscal years 2016 and 2017. The project budget
remains the same at $4,305,560.
• The Lakeview Fire Station will now be designed and constructed
in fiscal years 2018 and 2019. The project budget remains the
same at $4,198,460.
In response to questions, Parks and Recreation Director Kevin Dunbar said
the proposed Morningside Recreation Center would be staffed by 9 FTEs; the
original recreation center was staffed by 3.9 FTEs. Staff anticipates individuals would access the facility from the east and west. Since staff has not designed
the facility or determined programming, the projected traffic is not known. The
White Paper by staff identified approximately 21,000 sq. ft. to 23,000 sq. ft. for
the recreation center, which is similar to the Long Center and Countryside
Recreation Center. The Countryside Recreation Center was used as a model
to determine staffing needs and operating budget. Mr. Dunbar said it would be
realistic to have summer programming at the proposed facility.
Concerns were expressed regarding vehicular traffic.
One individual questioned if the proposed FTE count for the new facility
included staff for the existing pool.
Mr. Dunbar said the pool was not included in the proposed FTE count. The 3.9
FTEs for the original recreation center were eliminated when the Department
underwent resource reductions.
In response to a question, the City Manager said in the event of another
economic downturn, staff will discuss with Council regarding realistic closures.
Council will determine the closures and budget based on the priorities for the
community. During the last economic downturn, Council did not close any
recreation centers or libraries. The City tries to recover the costs associated to Page 13 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015 run these facilities and subsidizes the costs that cannot be recovered. The City
Manager said the recreation center was not built in 2013 because staff did not
feel facility operations could be supported based on the revenue projections.
Engineering Director Mike Quillen said traffic calming initiative requires 65% of
community buy-in. Morningside had the biggest traffic calming project in the
city. Harn Boulevard is considered a collector; Martin Luther King, Jr. and
Countryside Boulevard are arterial roads. The Countryside Recreation Center
is located off a side street; there is no traffic-calming on the street. Citizens are
not assessed for traffic calming.
It was stated that the neighborhood was promised a new recreation center
many years ago and that the facility would offer parents with children another
option if summer programming is offered.
Councilmember Hamilton moved to approve the recommended
Penny for Pinellas project list, as revised for Fiscal Years 2015/16
through 2019/20. The motion was duly seconded and upon the vote
being taken: Ayes: 3 - Mayor Cretekos, Councilmember Hamilton and Vice Mayor Polglaze
Nays: 2 - Councilmember Hock-DiPolito and Councilmember Jonson
Motion carried.
8.5 Approve State Housing Initiatives Partnership (SHIP Program) annual reports for fiscal
years 2012-2013, 2013-2014 and 2014-2015.
The Florida Legislature enacted the Williams E. Sadowski Affordable Housing
Act in 1992. This act created a dedicated revenue source for the state and
local housing trust funds. This dedicated revenue source funds state and local
housing programs and assisted local governments in meeting the housing
needs of its population. The Sadowski Act created the State Housing
Initiatives Partnership (SHIP) Program.
Through the SHIP Program, Economic Development and Housing has
provided funding for the following housing activities: Down payment and
closing costs assistance for existing structures, the rehabilitation of owner
occupied single-family dwellings, and the acquisition and rehabilitation of
existing dwellings, and the construction of new dwelling in the City’s target and
revitalization areas.
For fiscal year 2012-2013, the close out year, the City received $42,274 from
the state and $129,794.44 in program income. The department has assisted
fifteen families utilizing its approved strategies. The department also uses
these SHIP funds and SHIP program income to match federal programs to be
able to continue existing housing programs.
Page 14 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
All local governments receiving SHIP funds must submit to Florida Housing
Finance Corporation their annual reports by September 15 of every year. The
annual report provides details of expended funds, encumbered funds and a
proposal of any unused funds. The report also provides information on the
strategies funded, the number of households served, income category, age,
family size, race and data regarding any special needs populations such as
homeless persons, persons with disabilities and the elderly. The report is
submitted electronically to the State.
SHIP funding is important to the City of Clearwater’s economy, as evidenced
by activities in Fiscal Year 2012-2013 where the City spent $153,590 in SHIP
dollars to leverage over $1.3 million in other funds.
Councilmember Jonson moved to approve State Housing Initiatives
Partnership (SHIP Program) annual reports for fiscal years
2012-2013, 2013-2014 and 2014-2015. The motion was duly
seconded and carried unanimously.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8750-15 on second reading, annexing certain real property whose
post office addresses are 1219 Aloha Lane, 1245 Palm Street, and 1223 Union
Street, all in Clearwater, Florida 33755, together with certain abutting right-of-way of
Union Street, into the corporate limits of the city and redefining the boundary lines of
the city to include said addition.
Ordinance 8750-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to adopt Ordinance 8750-15
on second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.2 Adopt Ordinance 8751-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office addresses are 1219 Aloha Lane, 1245 Palm Street,
and 1223 Union Street, all in Clearwater, Florida 33755, upon annexation into the City
of Clearwater as Residential Urban (RU).
Ordinance 8751-15 was presented and read by title only. Vice
Mayor Polglaze moved to adopt Ordinance 8751-15 on second and Page 15 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.3 Adopt Ordinance 8752-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office addresses are 1219 Aloha Lane,
1245 Palm Street, and 1223 Union Street, all in Clearwater, Florida 33755, upon
annexation into the City of Clearwater as Low Medium Density Residential (LMDR).
Ordinance 8752-15 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8752-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.4 Adopt Ordinance 8753-15 on second reading, annexing certain real property whose
post office addresses are 2101 Burnice Drive and 2155 Burnice Drive, all in
Clearwater, Florida 33764, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 8753-15 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8753-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.5 Adopt Ordinance 8754-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office addresses are 2101 Burnice Drive and 2155 Burnice
Drive, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater as
Residential Low (RL).
Ordinance 8754-15 was presented and read by title only.
Councilmember Hock-DiPolito moved to adopt Ordinance 8754-15
on second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze Page 16 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
9.6 Adopt Ordinance 8755-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office addresses are 2101 Burnice Drive
and 2155 Burnice Drive, all in Clearwater, Florida 33764, upon annexation into the
City of Clearwater as Low Medium Density Residential (LMDR).
Ordinance 8755-15 was presented and read by title only. Vice
Mayor Polglaze moved to adopt Ordinance 8755-15 on second and
final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.7 Adopt Ordinance 8765-15 on second reading, amending the Clearwater Code of
Ordinances, Appendix A, Schedule of Fees, Rates and Charges, Section (3)(E)
Stormwater Management Utility Rates.
Ordinance 8765-15 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8765-15 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
10. City Manager Reports
10.1 Approve a Subordination of City Utility Interests agreement subordinating a city
easement in favor of the State of Florida Department of Transportation, authorize the
appropriate officials to execute same, and adopt Resolution 15-20.
The State of Florida Department of Transportation (FDOT) is planning a
multi-phased project to resurface State Road 60. In support of the project,
FDOT has acquired additional right-of-way on the northeast corner of Gulf to
Bay Boulevard and Belched Road. FDOT has requested that the City
subordinate a platted utility easement located within the new FDOT property
interest. FDOT is planning to construct a westbound right turn lane.
The platted utility easement will remain in effect, however the City’s rights
under this easement will be subject to FDOT’s rights.
In response to questions, Real Estate Services Coordinator Chuck Lane said
the mast arm is not being eliminated. There will be a dedicated right turn lane
at the northeast corner. Page 17 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
Councilmember Hamilton moved to approve a Subordination of
City Utility Interests agreement subordinating a city easement in
favor of the State of Florida Department of Transportation,
authorize the appropriate officials to execute same. The motion
was duly seconded and carried unanimously.
Resolution 15-20 was presented and read by title only.
Councilmember Hock-DiPolito moved to adopt Resolution 15-20. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
10.2 Authorize an agreement between the City of Clearwater and the Florida Department of
Economic Opportunity to serve as a pilot community to receive complimentary
technical assistance in the creation of a coastal vulnerability assessment and
adaptation plan, authorize the appropriate officials to execute same and adopt
Resolution 15-21.
In 2012, the Florida Department of Economic Opportunity (DEO), in
partnership with the National Oceanic and Atmospheric Administration, Florida
Department of Environmental Protection, Florida Department of Emergency
Management, and others, initiated a five-year project to develop and provide
guidance and technical assistance to Florida communities for integration of
adaptation to potential sea level rise into current planning mechanisms
including the local comprehensive plan, local hazard mitigation plan,
post-disaster redevelopment plan, economic development plan, strategic
plans, and capital improvement plans.
DEO has contracted with Dewberry Consultants LLC (Dewberry) to complete
two tasks as part of the overall Community Resiliency Initiative. Task 1
includes developing coastal hazard vulnerability analyses and scenarios for
three pilot communities. Task 2 is to use those vulnerability analyses and
scenarios (Task 1) to complete coastal hazard adaptation plans for each of the
three communities. In addition to these major tasks, Dewberry will complete a
number of guidance tools, presentation materials, and case studies that clearly
identify and explain all the information and resources needed and available to
Florida communities for the completion of these same analyses, scenarios and
adaptation plans for their own communities.
DEO invited the City of Clearwater to be one of the three pilot communities.
Participation in the pilot program will present a number of opportunities for the
City, including:
• Be one of the first communities in the country to undertake an
adaptation planning program;
• Build the City’s capacity to reduce hazard vulnerabilities and rebound Page 18 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015 more quickly from coastal flooding events, including sea level rise;
• Position the city for future related funding opportunities that may
become available; and,
• Serve as a resiliency leader for other communities around the state,
providing valuable examples and best practices. All of the products and
lessons learned from the City’s adaptation planning process will be
organized into approachable formats for other communities around the
state (and nation) to use.
The Memorandum of Agreement, Exhibit A of Resolution 15-21, establishes
the terms and conditions whereby DEO will provide a contractor to provide
consultant services to develop a coastal hazards vulnerability assessment and
adaptation plan for the City, and the City agrees to create a local steering
committee and to participate in the assessment process and creation of the
adaptation plan. Dewberry is contractually obligated to complete the risk and
vulnerability analyses for the three pilot communities by the end of June 2016,
and must complete the final adaptation plans for the communities by
mid-December 2016.
Planning and Development Director Michael Delk said staff has confirmed
with the Department of Economic Opportunity that the Steering Committee
could be composed of 6 to 14 individuals with a range of backgrounds (i.e.,
staff, advisory board members, elected officials, community stakeholders, or
experts). The work completed will be highly technical in nature. Staff will
review the final committee composition with council. Regarding transportation
analysis, the Committee will focus on the vulnerability of transportation
infrastructure.
In response to a suggestion, Mr. Delk said staff could reach out to the
MPO/PPC Director regarding interest to serve on the Committee.
Councilmember Hock-DiPolito moved to authorize an agreement
between the City of Clearwater and the Florida Department of
Economic Opportunity to serve as a pilot community to receive
complimentary technical assistance in the creation of a coastal
vulnerability assessment and adaptation plan, authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
Resolution 15-21 was presented and read by title only. Vice Mayor
Polglaze moved to adopt Resolution 15-21. The motion was duly
seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Page 19 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
10.3 Adopt a City Council Policy regarding Brick Streets.
At the June 1, 2015 Council Work Session, staff was directed to develop a
policy regarding the installation of brick streets within the city.
Staff has drafted a policy, which includes the following key points:
• Criteria for creation of new brick streets which were previously asphalt,
• Criteria for replacing an existing deteriorated brick street with new
bricks,
• Property owners on existing asphalt streets to be converted to brick will
be required to pay the construction cost differential between asphalt
and brick through a special assessment,
• There will be no cost to property owners on existing deteriorated brick
streets to be replaced with new bricks,
• Once a request for a new brick street has been made, the City will poll
all property owners within the requested area and provide a non-binding
estimate of the anticipated cost for each property, and
• If the City receives responses indicating that a majority (51%) of the
property owners are interested, the City will proceed to implement a
special assessment following the procedures in Chapter 27, Clearwater
Code of Ordinances, which provides opportunities for public input prior
to establishing a final assessment roll.
Staff has researched how other municipalities in the area manage brick street
requests. A majority of these municipalities do not have a policy regarding
creation of new brick streets which were previously asphalt.
A motion is needed at the council meeting to direct staff to initiate the process
in Harbor Oaks.
APPROPRIATION CODE AND AMOUNT:
There is no funding associated with this item.
Engineering Assistant Director Scott Rice said, since the work session, staff
has modified the petition to allow a negative response. A lack of response
would be considered a negative response.
It was stated that the item before Council tonight is to establish a citywide policy.
In response to questions, Assistant City Manager Jill Silverboard said the City
does not necessarily repave every 15 years. Staff conducts a street
assessment and maintains the condition of the inventory. Engineering Director
Mike Quillen said staff does not support providing a credit as it will negatively
Page 20 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015 impact the budget. Staff assumes maintenance costs for brick streets over a
30-year period would exceed maintenance costs for normal asphalt streets.
The City Manager said Council would have to determine any credit provided.
The City Attorney said Council would decide on the credit matter at the
resolution stage. The final decision on the credit will be made when the
assessment is being figured. The credit does not have to be part of the policy.
In response to questions, Mr. Quillen said the City of St. Petersburg assesses
property owners to remove the asphalt and return to brick. The City of Tampa
pays to replace existing brick streets. Both cities emphasize maintaining brick
streets. Mr. Rice said there are a few brick streets in Clearwater; there are
bricks in the Tuskawilla area and the street next to Frenchy’s on the beach.
It was suggested that staff research potential grant funds for installing brick streets. It was stated that the City of Largo received an earmark associated
with federal economic stimulus funds; the funding initiative is no longer
available.
In response to questions, Mr. Rice said the proposed policy will not assess a
neighborhood that is requesting to replace brick streets. An assessment will
occur to a neighborhood petitioning to remove asphalt and install brick streets.
The City Attorney said state law requires historic districts to have a majority
approval of the property owners. Neighborhoods that are not historic districts
do not require a vote. Council may establish the majority percentage required of the property owners.
It was suggested that brick streets are a safety and traffic calming application
and that credit should be applied for the cost to install the traffic calming.
Mr. Quillen said staff has not determined the cost savings associated with
traffic calming applications. Staff is not sure how to quantify such savings.
Traffic calming applications require 65% property owner support, as well as
speed studies and crash data that support the application. Brick streets
visually queue drivers to slow down.
In response to questions, the City Attorney said approval of the property
owners in an historic neighborhood is required because Council is doing an
assessment. Council may choose to pay any portion of the assessment.
The Council recessed from 8:02 p.m. to 8:10 p.m.
Four individuals spoke in support with one requesting that the policy include
language for a not to exceed assessment. Page 21 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015 One individual suggested that cost of installing the intersection as traffic
calming be deducted from the assessment.
One individual questioned the process if brick streets are found in Harbor
Oaks.
In response to questions, the City Manager said traffic circles are not placed at
every intersection. The traffic circles are designed to meet the needs of the
neighborhood. The City Attorney said typically there will be an option to pay
the assessment upfront. The payment can be spread over a period of years,
which will be decided by Council at the assessment resolution. The
assessment appears on the tax bill and paid annually for the life of the
assessment. The community will have ample opportunity to provide feedback
on the assessment. Historic neighborhoods would require a vote per property
owner. Mr. Quillen said property owners are advised of the square footage of
the road in their frontage and the contractor’s estimate. Before the final assessment is levied, firm bids from the contractors are received. The City
Attorney said the assessment will come before Council for approval two more
times. The estimate staff has presented only includes construction of the brick
streets. Design costs and interest may also be included in the assessment. Mr.
Quillen said borings taken throughout the Harbor Oaks neighborhood showed,
except for a few isolated locations, there are no bricks.
In response to questions, Mr. Quillen said Council would determine the policy
implementation; for instance, if there was one street opposing the bricks next
to one street with 100% support, Council would have the final say in the
implementation. The City Attorney said there are expenses associated with the installation of brick streets that must be considered and Council may not
want to spread the costs over six months. Council would look at a
neighborhood, not one small block. Mr. Quillen said in cases where
neighborhoods have asphalt and brick streets, the existing brick portion of the
policy would apply to the brick streets.
Discussion ensued with comments made that the policy will establish a
protocol for neighborhoods that want to add brick streets, brick streets provide
traffic calming benefits. It was suggested that the policy require a clearer
majority supporting the brick streets.
Councilmember Hamilton moved to amend the policy to require 65% of
the property owners would have to approve. The motion was duly
seconded.
In response to a question, Mr. Quillen said the cities researched by staff did
not provide information on the percentage required by property owners
supporting brick streets. Ms. Silverboard said staff would have to research
each assessment case. The City Attorney said if the community is not a historic district, there is no state law requiring approval. The assessment is Page 22 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015 applied to properties benefitting from the policy; those with existing brick
streets will not be assessed. The policy does not apply for neighborhoods that
had bricks in the past.
Upon the vote being taken, the motion carried unanimously.
In response to a concern, the City Attorney said if Council wants a second
vote, the proposed policy must be amended. Staff proposed to have the vote
at the beginning, when the estimate is not available. Adding a second vote will
add to the cost of the process. Council will need to decide how much of the
assessment will be supported or modified based on the cost going forward.
The City Clerk said the cost for mailing each property owner is $9.21.
In response to a question, Mr. Quillen said the estimate is based on prices
given by a contractor with brick street installation experience. Staff will be
required to obtain a formal bid when the 65% approval is obtained before finalizing the assessment roll. The City Attorney said Council may decide to
fund a portion of the assessment at different locations at that time. The first
estimate is a preliminary number. The policy may be amended to require a not
to exceed assessment amount.
Councilmember Hamilton moved to amend the policy to require a
second vote if the final assessment exceeds 10% of the preliminary
estimate. The motion was duly seconded and carried unanimously.
Discussion ensued with concerns regarding policy implementation in
neighborhoods where brick streets existed in the past. The City Attorney said the policy, as proposed, does not address streets that were bricks in the past.
The policy will classify asphalt paved streets with bricks underneath as
existing asphalt. It was suggested that consideration be given to provide a
credit for one asphalt application. The City Attorney said amending the policy
to address a credit is not needed as Council will decide credits on a case by
case basis.
In response to questions, Mr. Quillen said the estimate includes the cost for
the brick streets; the City would pay for the utilities portion. The petition
requirement for existing brick streets was presented in the event some
property owners do not want to go back to brick streets.
Councilmember Jonson moved to amend the policy, paragraph A on
page 1, to require a 50% plus 1 approval for existing brick streets. The
motion was duly seconded and carried unanimously.
Councilmember Hamilton moved to adopt a City Council Policy regarding Brick Streets, as amended. The motion was duly seconded and carried unanimously. Page 23 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
10.4 Authorize the City Manager or designee to negotiate a Lease Agreement with
top-ranked firm, Clearwater Beach Seafood, Inc., in response to RFP 20-15 (RFP), to
demolish the existing structure located at 37 Causeway Boulevard and construct and
operate a new restaurant for a term not to exceed thirty years; approve the Second
Amendment to Lease Agreement (current lease agreement) with Clearwater Beach
Seafood, Inc. and authorize the appropriate officials to execute same.
The City owns the property located at 37 Causeway Boulevard on Clearwater
Beach. Clearwater Beach Seafood, Inc. leases the property from the City to
operate a restaurant known as Crabby Bills Seafood. The current lease is
scheduled to expire on September 30, 2015. Additionally, the existing building
is nearing the end of its useful life, but is a significant Marina Enterprise Fund
asset due to its location on a highly visible lot adjacent to the Clearwater Beach
Marina and Pier 60.
Therefore, an RFP for a new lease was released on April 21, 2015.
Requirements in the RFP included demolition of the current structure and
construction and operation of a new restaurant of the most appropriate type
and quality to complement the City’s beach redevelopment efforts, as well as
provide a commercially advantageous return to the Marina Enterprise Fund.
The City received proposals from three development teams:
• Clearwater Beach Seafood, Inc.(current leasehold tenant)
• 37 Causeway Boulevard, LLC
• CC Development, LLC
The CC Development, LLC proposal was incomplete and was thus determined
to be non-responsive to the RFP. The two remaining proposals were
determined to be complete and responsive to the RFP.
A Selection Committee made up of the Assistant City Manager for Economic
Development; Economic Development and Housing Director; Planning and
Development Director; Finance Director; Marine and Aviation Director; and
Real Estate Services Coordinator met on June 26, 2015, to evaluate the two
development team proposals according to the following evaluation criteria
stated in the RFP:
1) Experience in restaurant management and operations 25%
2) Restaurant theme/type/quality 25%
3) Professional expertise/composition of the design and construction team
15%
4) Financials - resources, capital funding, demolition and new building
infrastructure 15%
5) Compensation to the City 20%
The committee subsequently invited the two teams to make oral presentations
Page 24 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015 to the Committee on July 22, 2015, to expand upon their written submissions
and answer any questions the Committee had concerning the written
proposals. Subsequent to the oral presentations, the Committee completed
their evaluations and ranking of the two firms. The final ranking is as follows:
1) Clearwater Beach Seafood, Inc. (current leasehold tenant)
2) 37 Causeway Boulevard, LLC
While the two firms scored similarly in several categories, they differed notably
in restaurant theme/type/quality, demonstrated brand strength in the market,
and in the amount of compensation each firm proposed to be paid to the City
over the term of the leases proposed.
37 Causeway Boulevard, LLC offered a mix of two restaurant types in its
proposal. The proposal described one restaurant as a ground floor tenant with
an internationally known brand and the other as a restaurant operated by team
members with a polished casual atmosphere and a chef-inspired menu.
However, during the verbal presentation, 37 Causeway Boulevard, LLC
revealed that its proposed ground-floor tenant had not yet committed to the
venture. Subsequent to the verbal presentation, the proposed ground floor
tenant provided a Letter of Intent. Committee concerns with this proposal
included risk components of the unproven chef-inspired restaurant concept and
the lack of a formal agreement with the ground floor tenant. The firm proposed
to pay the City a base rent of $120,000 in year one of the lease along with 8%
of gross alcohol sales above $10,000 in sales monthly (total year-one estimate
of $70,404). Estimated cash return to the City over term of proposed lease:
$8,386,203.
Clearwater Beach Seafood, Inc. proposes to continue to operate a restaurant
under its well-known brand, Crabby Bills. The firm promoted its name
recognition among residents and repeat tourists, as well as a history of very
positive reviews from customers of this location. Their presentation highlighted
their evolving menu, which is continuously updated to meet changing customer
demand and their proven brand appeal in the market. They proposed to pay
the City a year-one base rent of $136,213. They also proposed to pay the City
9% of alcohol sales above $10,000 monthly (total year-one estimate of
$83,086) and 2% of gross food sales above $4,000,000 annually (year one
estimate of $4,000). Estimated cash return to the City over term of proposed
lease: $10,984,403.
The RFP required total redevelopment of the site. Both proposals complied
with this requirement and each proposed a new building that would offer indoor
and outdoor seating in an attractive building that takes advantage of the
spectacular views. Both firms proposed acceptable construction schedules.
37 Causeway Boulevard, LLC proposed a new restaurant opening in
December, 2016, and Clearwater Beach Seafood, Inc. proposed an opening in
February, 2017.
The Selection Committee recommends the Council designate Clearwater
Beach Seafood, Inc. as preferred lessee and authorize staff to negotiate a
lease for consideration by the Council for the following reasons:
Page 25 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
1) An established restaurant operation with proven profitability, market
share and likely sustainability in the market over an extended period
2) Innovative, proven established management team with evidenced
quality control and continuous product /menu evaluation and
improvement to meet market conditions
3) An attractive, modern building design which is consistent with the
repositioning of the Beach and the Marina site and a $1.9 million
investment in the structure
4) Strong financial position indicating the ability to perform, deliver and
sustain the lease and redeveloped property across economic cycles -
$1.8 million in escrowed construction funds, with no debt issuance
required; $325,000 operating reserve for FF&E: established cash flow
projections benchmarked against actual operations, etc.
5) Superior financial return to City, with a projected return of $10,984,403
over term of the lease at proposed lease structure projections
While Clearwater Beach Seafood’s proposal was deemed most responsive and
advantageous to the City, there are several items that the Committee believes
need to be vetted more fully during lease negotiations in order to finalize a
recommendation of lease award.
First, staff would like to discuss with the proposer how to amend their building
design to activate and create a retail presence on the street level of the
building. Having this critical corner on the Beach lively and interesting for
passersby, as well as patrons, would facilitate and move forward the objectives
of Beach by Design. The proposers have indicated a desire to support this
objective, by adding seating and food service at street level consistent with
development and property restrictions.
Second, staff would like to discuss and understand, in greater detail, the
interior design of the restaurant vis-à-vis the modern, contemporary facade of
the exterior building. An evolution of the current Crabby Bill’s interior design
brand is needed in the new building to keep the product fresh in the market as
well as being important to the long-term success of the lease tenancy.
Finally, staff would also like to learn more about the firm’s future marketing and
branding strategy. Crabby Bills is a well established brand with an embedded
customer perception as a casual restaurant. However, its menu offerings and
pricing strategy at this location suggest a higher-tiered dining experience.
Currently, Crabby Bills’ customers spend an average of $29 per visit. While
the casual restaurant setting is a true fit for beach goers, current development
of several high-end hotels on south Clearwater Beach may bring forth a
clientele seeking a slightly more upscale dining option. Staff seeks a better
understanding of how the management team intends to meet this market
evolution. A branding strategy aimed at differentiating this Crabby Bills location
from others, including its Beach Walk restaurant, will help to meet this demand
and assure the long-term viability/profitability of the tenancy.
Staff will address these issues during lease negotiations and incorporate the
results in the lease recommendation to Council.
Page 26 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015
Next Steps:
1) Staff negotiates a lease agreement with Clearwater Beach Seafood, Inc.
and presents to Council for approval
2) Clearwater Beach Seafood, Inc. files development application with the
City’s Planning and Development Department
3) CDB considers site plan; development order is issued
4) Clearwater Beach Seafood, Inc. files for permits
5) Construction commences
6) New restaurant opening
It is unlikely that negotiations for a new lease will be complete prior to the
expiration of the current lease. The proposed Second Amendment to Lease
Agreement with Clearwater Beach Seafood, Inc. will extend the current lease
on a month-to-month basis until such time as a new lease is approved by
Council or upon thirty days notice of termination by either party.
Councilmember Jonson moved to authorize the City Manager or
designee to negotiate a Lease Agreement with top-ranked firm,
Clearwater Beach Seafood, Inc., in response to RFP 20-15 (RFP), to
demolish the existing structure located at 37 Causeway Boulevard
and construct and operate a new restaurant for a term not to
exceed thirty years; approve the Second Amendment to Lease
Agreement (current lease agreement) with Clearwater Beach
Seafood, Inc. and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
11. City Attorney Reports – None. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Jonson complimented the Mayor on his letter responses to
citizens. Pinellas County will embark on a Project Design and Environment
study for Belcher Road and State Road 60. Thirty years ago, Council adopted
a new sign code policy that over time removed the portable and large signs along Gulf to Bay Blvd. At a centennial celebration at the Ft. Harrison Hotel,
the wife of Chick Corea said they could live anywhere in the world but they
choose to live in Clearwater because it is so beautiful.
13. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events and offered
condolences to family, co-workers, and friends of Eric Herman, a city
employee who recently passed away while on duty. Page 27 City of Clearwater Draft
City Council Meeting Minutes September 3, 2015 14. Adjourn
The meeting adjourned at 9:29 p.m.
Mayor City of Clearwater
Attest
City Clerk
Page 28 City of Clearwater Draft
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8766-15
Agenda Date: 9/17/2015 Status: Public HearingVersion: 2
File Type: OrdinanceIn Control: City Council
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8766-15 on second reading, declaring the millage rate to be levied for the
Fiscal Year beginning October 1, 2015 and ending September 30, 2016, for operating
purposes including the funding of pensions, debt service, and road maintenance for capital
improvement expenditures at 5.1550 mills.
SUMMARY:
In accordance with Chapter 200 of the Florida Statutes, which defines requirements for the
Determination of Millage and the rules governing Truth in Millage (TRIM) compliance, the City
Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The
adoption of this ordinance to establish the millage rate and the two related budget ordinances
are an integral part of fulfilling these requirements.
The City Council set a tentative millage rate of 5.1550 mills on July 16, 2015, which is the rate
that appeared on the TRIM bill notices mailed to taxpayers in August. The millage rate of
5.1550 mills represents a 5.78% increase from the rolled back rate of 4.8735 mills.
Ordinance 8766-15 is presented in order to adopt the millage rate of 5.1550 mills to support
the operating and capital improvement budgets for the 2015/16 fiscal year.
Page 1 City of Clearwater Printed on 9/17/2015
Ordinance No. 8766-15
MILLAGE ORDINANCE
ORDINANCE NO. 8766-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING
SEPTEMBER 30, 2016, FOR OPERATING PURPOSES
INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND
ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 5.1550 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 5.1550 MILLS CONSTITUTES A 5.78%
INCREASE FROM THE ROLLED BACK RATE OF 4.8735 MILLS.
WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1, 2015, and ending September 30, 2016, from ad valorem taxes is $43,240,180; and
WHEREAS, based upon the taxable value provided by the Pinellas County Property
Appraiser, 5.1550 mills are necessary to generate $43,240,180; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. It is hereby determined that a tax of 5.1550 mills against the non-exempt real
and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions and debt service, road capital improvement projects, for the fiscal year beginning October 1, 2015.
Section 2. The levy of 5.1550 mills constitutes a 5.78% increase from the rolled back rate.
Section 3. This ordinance shall take effect October 1, 2015.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________READING AND ADOPTED
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
______________________________________________________________Pamela K. Akin Rosemarie CallCity Attorney City Clerk
Fiscal Year: 2015 - 2016
Major PointsMajor Points
Balanced Budget
City Council Strategic Priorities
ULI Priorities
New Facilities
Operations and Maintenance
Pension Reform
Balanced Budget
City Council Strategic Priorities
ULI Priorities
New Facilities
Operations and Maintenance
Pension Reform
FUND FY 2014/15 FY 2015/16 Increase
General Fund $ 117,008,550 $ 124,479,870 6.4%
Utility Funds 147,851,460 164,714,570 11.4%
Enterprise Funds 9,534,490 11,910,020 24.9%
Internal Service Funds
52,327,450 57,008,630 8.9%
Special Revenue Funds 16,483,760 12,788,260 (24.4%)
Capital Fund 48,483,540 69,963,350 44.3%
$0
$2
$4
$6
$8
$10
$12
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
$10.7 $11.2
$8.8
$7.6 $7.7 $8.2 $8.7
Property Values
Billion
Millage Rate
Current Millage Rate 5.155 mills
Proposed rate 5.155 mills
5.78% increase over rolled-back rate
Rolled-back rate 4.8735 mills
$0
$10
$20
$30
$40
$50
$60 $53.3 $46.2
$39.1 $37.2 $40.7 $43.2
Ad Valorem Tax Revenues
Million
Source FY 2014/15 FY 2015/16 Increase
Ad Valorem Tax
$ 38,779,620 $ 41,180,080 6.2%
Utility Taxes 14,182,400 14,385,000 1.4%
Other Taxes 7,604,780 7,201,700 (5.3%)
Franchise Fees 10,090,000 10,184,600 0.9%
Intergovernmental 19,578,310 22,484,470 14.8%
Charges for Service 14,227,040 15,023,090 5.6%
Transfers In 8,008,410 9,196,490 14.8%
All Other Revenue 4,902,000 5,075,500 3.5%
TOTAL $117,372,560 $124,730,930 6.3%
Department FY 2014/15 FY 2015/16 Increase
Police $ 36,849,710 $ 39,139,980 6.2%
Fire 23,944,250 25,528,490 6.6%
Parks & Recreation 22,360,110 23,590,520 5.5%
Library 6,070,250 6,759,060 11.3%
Planning/Dev Svc
4,887,680 5,400,550 10.5%
Engineering 7,569,460 7,857,040 3.8%
All Other Departments
15,327,090 16,204,230 5.7%
TOTAL $117,008,550 $124,479,870 6.4%
$124.5 Million
Public
Safety
52%
Parks and
Recreation
19%
Library
5.5%
Engineering
6%
Planning and
Development
4.5%Adm/Other
13%
$124.5 Million
Personnel
68%
Operating
16.5%
Internal
Service
11.5%
Interfund
Transfers
3%
Debt and
Capital
1%
$0
$20
$40
$60
$80
$100
$120
$140
$111.4 $123.2 $115.5
$109.1 $114.9
$124.5
General Fund History
CPI
Million
0
200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000 1,954.7 1,893.6
1,766.8 1,681.4 1,695.7 1,746.9
Full Time Equivalent
Positions (All Funds)
Homesteaded Property
Save Our Homes Cap – 0.8%
2014 2015 Increase
Taxable
Value
$ 100,000 $ 100,800 $800
City Taxes $515.50 $519.62 $ 4.12
21.1914 mills
Clearwater
24%
School Board
37%
Pinellas County
30%
Other Agencies
9%
Utility Rate Increases
October 1, 2015
WATER & SEWER 4.5%
GAS 0%
SOLID WASTE & RECYCLING 3.75%
STORMWATER 1.25%
Public Hearings
September 3, 2015 – 6 p.m.
September 17, 2015 – 6 p.m.
Fiscal Year: 2015 - 2016
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8767-15
Agenda Date: 9/17/2015 Status: Public HearingVersion: 2
File Type: OrdinanceIn Control: City Council
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8767-15 on second reading, adopting an operating budget for the Fiscal
Year beginning October 1, 2015 and ending September 30, 2016; authorizing the City
Manager to issue such instructions that are necessary to achieve and accomplish the service
programs so authorized; authorizing the City Manager to transfer monies and programs
among the departments and activities within any fund as provided by Chapter 2 of the
Clearwater Code of Ordinances.
SUMMARY:
In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in
Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the
budget. The adoption of this ordinance and the related ordinances adopting the 2015/16
millage rate and the Capital Improvement Budget are an integral part of fulfilling these
requirements.
On June 30, 2015, the City Manager provided the City Council with a Preliminary Annual
Operating and Capital Improvement Budget that outlined estimates of revenues and
expenditures for the 2015/16 fiscal year. On July 13, 2015 the City Manager presented the
preliminary budget at the work session for Council discussion. The preliminary budget was
also presented at the July 16, 2015 council meeting, and at the August 17, 2015 Special
Council Meeting for citizen input.
After the Preliminary budget was released, management approved a reduction to the Public
Utilities expenditure budget to eliminate the cost of five full time equivalent (FTE) positions that
were requested in the proposed budget. After completing the Stormwater Rate Study in July
2015, a new rate structure is planned to be effective October 1, 2015 which will reduce the
estimated Stormwater Fee revenue included in the proposed budget. Upon Council action at
the August 17, 2015 meeting, a donation to the Clearwater Historical Society is being added to
the General Fund for fiscal year 2015/16. These are the only changes to the Preliminary
Operating Budget at this time.
Page 1 City of Clearwater Printed on 9/17/2015
Currently Approved Final
Proposed Change Ordinance
General General
GENERAL FUND Fund Fund
Balances Brought Forward 21,482,338 21,482,338
Budgeted Revenues
Ad Valorem Taxes 41,180,080 41,180,080
Utility Taxes 14,385,000 14,385,000
Local Option, Fuel & Other Taxes 7,201,700 7,201,700
Franchise Fees 10,184,600 10,184,600
Other Permits and Fees 2,372,250 2,372,250
Intergovernmental Revenue 22,484,470 22,484,470
Charges for Services 15,023,090 15,023,090
Judgments, Fines and Forfeits 908,000 908,000
Miscellaneous Revenues 1,795,250 1,795,250
Transfers In 9,196,490 9,196,490
Other Financing Sources 0 0
TOTAL BUDGETED REVENUES 124,730,930 0 124,730,930
TOTAL REVENUES, TRANSFERS, AND
BALANCES 146,213,268 146,213,268
Budgeted Expenditures
City Council 304,430 12,000 (1)316,430
City Manager's Office 1,075,590 1,075,590
City Attorney's Office 1,652,360 1,652,360
City Audit 207,370 207,370
Economic Development and Housing 1,735,030 1,735,030
Engineering 7,857,040 7,857,040
Finance 2,405,570 2,405,570
Fire 25,528,490 25,528,490
Human Resources 1,173,410 1,173,410
Library 6,759,060 6,759,060
Marine & Aviation 967,980 967,980
Non-Departmental 4,274,420 4,274,420
Official Records and Legislative Services 1,130,440 1,130,440
Parks and Recreation 23,590,520 23,590,520
Planning and Development 5,400,550 5,400,550
Police 39,139,980 39,139,980
Public Communications 990,180 990,180
Public Utilities 275,450 275,450
TOTAL BUDGETED EXPENDITURES 124,467,870 12,000 124,479,870
Fund Balances/Reserves/Net Assets 21,745,398 21,733,398
TOTAL EXPENDITURES AND BALANCES 146,213,268 146,213,268
General Fund Operating Budget 2015/16
As Amended for Final Budget Ordinance for September 3, 2015 Public Hearing
(1) To recognize an additional $12,000 of expenditures budgeted for a donation to the Clearwater Historical Society for
fiscal year 2015/16 approved by the City Council on August 17, 2015.
Page 1
Currently Approved Final
Proposed Change Ordinance
Water & Water &
Sewer Utility Sewer Utility
WATER AND SEWER FUND Fund Fund
Balances Brought Forward 35,280,611 35,280,611
Budgeted Revenues
Ad Valorem Taxes
Utility Taxes
Local Option, Fuel & Other Taxes
Franchise Fees
Other Permits and Fees
Intergovernmental Revenue
Charges for Services 74,103,970 74,103,970
Judgments, Fines and Forfeits 271,000 271,000
Miscellaneous Revenues 1,749,010 1,749,010
Transfers In
Other Financing Sources
TOTAL BUDGETED REVENUES 76,123,980 - 76,123,980
TOTAL REVENUES, TRANSFERS, AND
BALANCES 111,404,591 - 111,404,591
Budgeted Expenditures
Water & Sewer Fund Public Utilities Administration 1,122,590 1,122,590
Wastewater Collection 13,730,220 13,730,220
Public Utilities Maintenance 5,769,310 5,769,310
WPC Plant Operations 16,604,510 (79,420)(1)16,525,090
WPC Laboratory Operations 1,502,590 1,502,590
WPC Industrial Pretreatment 914,050 914,050
Water Distribution 11,678,080 (39,710)(1)11,638,370
Water Supply 14,571,550 (79,420)(1)14,492,130
Reclaimed Water 2,490,510 2,490,510
Non-Departmental 13,770,350 13,770,350
TOTAL BUDGETED EXPENDITURES 82,153,760 (198,550)81,955,210
Fund Balances/Reserves/Net Assets 29,250,831 29,449,381
TOTAL EXPENDITURES AND BALANCES 111,404,591 111,404,591
(1) To recognize the reduction of $198,550 in expenditures for the budget of five FTE's no longer deemed necessary
for fiscal year 2015/16.
Water and Sewer Fund Operating Budget 2015/16
As Amended for Final Budget Ordinance for September 3, 2015 Public Hearing
Page 2
Currently Proposed Final
Proposed Change Ordinance
Stormwater Stormwater
Utility Utility
STORMWATER FUND Fund Fund
Balances Brought Forward 27,148,196 27,148,196
Budgeted Revenues
Ad Valorem Taxes
Utility Taxes
Local Option, Fuel & Other Taxes
Franchise Fees
Other Permits and Fees -
Intergovernmental Revenue
Charges for Services 17,617,000 (151,130)(1)17,465,870
Judgments, Fines and Forfeits 50,000 50,000
Miscellaneous Revenues 231,700 231,700
Transfers In -
Other Financing Sources
TOTAL BUDGETED REVENUES 17,898,700 (151,130)17,747,570
TOTAL REVENUES, TRANSFERS, AND
BALANCES 45,046,896 44,895,766
Budgeted Expenditures
Stormwater Fund Stormwater Management 10,411,190 10,411,190
Stormwater Maintenance 6,800,510 6,800,510
TOTAL BUDGETED EXPENDITURES 17,211,700 17,211,700
Fund Balances/Reserves/Net Assets 27,835,196 27,684,066
TOTAL EXPENDITURES AND BALANCES 45,046,896 44,895,766
(1) To recognize the reduction of $151,130 in Stormwater Fee revenues to recognize the new rate structure for
fiscal year 2015/16.
Stormwater Fund Operating Budget 2015/16
As Amended for Final Budget Ordinance for September 3, 2015 Public Hearing
Page 3
FY 15/16 FY 15/16
Currently Proposed Final
Proposed Change Approved
FTEs Inc / (Dec)FTEs
TOTAL, GENERAL FUND 1048.0 - 1048.0
UTILTIY FUNDS 469.5
Public Utilities - Operator Trainee (5.0)(1)
TOTAL, UTILITY FUNDS 469.5 (5.0) 464.5
TOTAL, OTHER ENTERPRISE 61.8 - 61.8
TOTAL, INTERNAL SERVICES 151.6 - 151.6
TOTAL, SPECIAL PROGRAM 21.0 - 21.0
TOTAL, ALL FUNDS 1751.9 (5.0)1746.9
FULL TIME EQUIVALENT SUMMARY OF POSITIONS
(1) To recognize the reduction of 5.0 FTE's in Public Utilities, the requested positions are no longer deemed
necessary.
Page 4
Ordinance No. 8767-15
OPERATING BUDGET ORDINANCE
ORDINANCE NO. 8767-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH
INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES
AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to
carry on the City government for the fiscal year beginning October 1, 2015, and ending September 30, 2016; and
WHEREAS, an estimate of the revenues to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and
WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by
the public, was published in a newspaper of general circulation; and
WHEREAS, the City Council has examined and carefully considered the proposed budget;
and
WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City
Council conducted a public hearing in City Hall on September 3, 2015, upon said budget and tax levy; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA;
Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2015, and ending September 30, 2016, a copy of which is on file with the
City Clerk, the City Council hereby adopts a budget for the operation of the City, a copy of which
is attached as Exhibit A, and a summary of which is attached as Exhibit B.
Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal
year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances.
Section 3. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the
adoption of this budget.
Ordinance No. 8767-15
Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an operating fund,
provided such action does not result in the discontinuance of a program.
Section 5. It is the intent of the City Council that this budget, including amendments
thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they
were appropriated and encumbered, and such expenditures shall be deemed to have been spent out of the current budget allocation. It shall not be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the
end of the current fiscal year.
Section 6. Should any provision of this ordinance be declared by any court to be invalid,
the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid.
Section 7. This ordinance shall take effect October 1, 2015.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
______________________________________________________________
Pamela K. Akin Rosemarie CallCity Attorney City Clerk
Page 1
Special Special Local Housing Total
General Development Program Assistance Trust Governmental
GOVERNMENTAL FUNDS Fund Fund Fund Fund Funds
Balances Brought Forward 21,482,338 4,220,899 2,898,903 - 28,602,140
Budgeted Revenues
Ad Valorem Taxes 41,180,080 2,060,100 43,240,180
Utility Taxes 14,385,000 14,385,000
Local Option, Fuel & Other Taxes 7,201,700 11,162,000 18,363,700
Franchise Fees 10,184,600 10,184,600
Other Permits and Fees 2,372,250 2,372,250
Intergovernmental Revenue 22,484,470 946,370 394,410 23,825,250
Charges for Services 15,023,090 195,000 15,218,090
Judgments, Fines and Forfeits 908,000 908,000
Miscellaneous Revenues 1,795,250 625,000 130,000 2,550,250
Transfers In 9,196,490 103,000 9,299,490
Other Financing Sources 0 0
TOTAL BUDGETED REVENUES 124,730,930 14,042,100 1,179,370 394,410 140,346,810
TOTAL REVENUES, TRANSFERS, AND
BALANCES 146,213,268 18,262,999 4,078,273 394,410 168,948,950
Budgeted Expenditures
City Council 316,430 316,430
City Manager's Office 1,075,590 1,075,590
City Attorney's Office 1,652,360 1,652,360
City Audit 207,370 207,370
Economic Development and Housing 1,735,030 1,735,030
Engineering 7,857,040 7,857,040
Finance 2,405,570 2,405,570
Fire 25,528,490 25,528,490
Human Resources 1,173,410 1,173,410
Library 6,759,060 6,759,060
Marine & Aviation 967,980 967,980
Non-Departmental 4,274,420 4,274,420
Official Records and Legislative Services 1,130,440 1,130,440
Parks and Recreation 23,590,520 23,590,520
Planning and Development 5,400,550 5,400,550
Police 39,139,980 30,000 39,169,980
Public Communications 990,180 990,180
Public Utilities 275,450 275,450
General Government Services 699,230 3,000 702,230
Economic Environment 946,370 394,410 1,340,780
Culture and Recreation 70,000 70,000
Transfers Out 9,710,250 935,000 10,645,250
TOTAL BUDGETED EXPENDITURES 124,479,870 10,409,480 1,984,370 394,410 137,268,130
Fund Balances/Reserves/Net Assets 21,733,398 7,853,519 2,093,903 - 31,680,820
TOTAL EXPENDITURES AND BALANCES 146,213,268 18,262,999 4,078,273 394,410 168,948,950
EXHIBIT A
CITY OF CLEARWATER
2015-16 BUDGET
Ordinance No. 8767-15
Page 2
Water Stormwater Solid Waste Total
& Sewer Utility & Recycling Gas Utility
UTILITY FUNDS Fund Fund Fund Fund Funds
Balances Brought Forward 35,280,611 27,148,196 27,772,676 39,691,934 129,893,417
Budgeted Revenues
Ad Valorem Taxes
Utility Taxes
Local Option, Fuel & Other Taxes
Franchise Fees
Other Permits and Fees 1,300 1,300
Intergovernmental Revenue
Charges for Services 74,103,970 17,465,870 22,115,000 41,819,270 155,504,110
Judgments, Fines and Forfeits 271,000 50,000 92,800 153,000 566,800
Miscellaneous Revenues 1,749,010 231,700 1,003,350 484,500 3,468,560
Transfers In 350,000 350,000
Other Financing Sources
TOTAL BUDGETED REVENUES 76,123,980 17,747,570 23,562,450 42,456,770 159,890,770
TOTAL REVENUES, TRANSFERS, AND
BALANCES 111,404,591 44,895,766 51,335,126 82,148,704 289,784,187
Budgeted Expenditures
Water & Sewer Fund
Public Utilities Administration 1,122,590 1,122,590
Wastewater Collection 13,730,220 13,730,220
Public Utilities Maintenance 5,769,310 5,769,310
WPC Plant Operations 16,525,090 16,525,090
WPC Laboratory Operations 1,502,590 1,502,590
WPC Industrial Pretreatment 914,050 914,050
Water Distribution 11,638,370 11,638,370
Water Supply 14,492,130 14,492,130
Reclaimed Water 2,490,510 2,490,510
Non-Departmental 13,770,350 13,770,350
Stormwater Fund
Stormwater Management 10,411,190 10,411,190
Stormwater Maintenance 6,800,510 6,800,510
Solid Waste & Recycling Fund
Administration 1,116,070 1,116,070
Solid Waste Collection 17,260,030 17,260,030
Solid Waste Transfer 1,608,160 1,608,160
Solid Waste Container Maintenance 889,870 889,870
Recycling Residential 1,266,850 1,266,850
Recycling Multi Family 445,360 445,360
Recycling Commercial 1,337,890 1,337,890
Gas Fund
Administration and Supply 23,893,060 23,893,060
Pinellas Gas Operations 7,561,590 7,561,590
Pasco Gas Operations 3,636,840 3,636,840
Gas Marketing and Sales 6,531,940 6,531,940
TOTAL BUDGETED EXPENDITURES 81,955,210 17,211,700 23,924,230 41,623,430 164,714,570
Fund Balances/Reserves/Net Assets 29,449,381 27,684,066 27,410,896 40,525,274 125,069,617
TOTAL EXPENDITURES AND BALANCES 111,404,591 44,895,766 51,335,126 82,148,704 289,784,187
EXHIBIT A
CITY OF CLEARWATER
2015-16 BUDGET
Ordinance No. 8767-15
Page 3
Clearwater Total
Harbor Other
Airpark Marine Marine Parking Enterprise
OTHER ENTERPRISE FUNDS Fund Fund Fund Fund Funds
Balances Brought Forward 390,062 414,988 1,451,013 8,787,533 11,043,596
Budgeted Revenues
Ad Valorem Taxes
Utility Taxes
Local Option, Fuel & Other Taxes
Franchise Fees
Other Permits and Fees
Intergovernmental Revenue 4,080 50,000 54,080
Charges for Services 14,000 4,802,130 661,070 4,527,170 10,004,370
Judgments, Fines and Forfeits 2,000 1,200 650,000 653,200
Miscellaneous Revenues 267,000 40,000 7,000 324,370 638,370
Transfers In
Other Financing Sources
TOTAL BUDGETED REVENUES 281,000 4,848,210 719,270 5,501,540 11,350,020
TOTAL REVENUES, TRANSFERS, AND
BALANCES 671,062 5,263,198 2,170,283 14,289,073 22,393,616
Budgeted Expenditures
Airpark Fund
Airpark Operations 274,870 274,870
Marine Fund
Marina Operations 4,589,840 4,589,840
Clearwater Harbor Marine Fund
Clearwater Harbor Marina Operations 604,340 604,340
Parking Fund
Parking System 5,080,050 5,080,050
Parking Enforcement 663,870 663,870
Beach Guard Operations 697,050 697,050
TOTAL BUDGETED EXPENDITURES 274,870 4,589,840 604,340 6,440,970 11,910,020
Fund Balances/Reserves/Net Assets 396,192 673,358 1,565,943 7,848,103 10,483,596
TOTAL EXPENDITURES AND BALANCES 671,062 5,263,198 2,170,283 14,289,073 22,393,616
EXHIBIT A
CITY OF CLEARWATER
2015-16 BUDGET
Ordinance No. 8767-15
Page 4
Administrative General Central
Service Service Garage Insurance
INTERNAL SERVICE FUNDS Fund Fund Fund Fund Total
Balances Brought Forward 7,236,530 1,383,472 5,859,367 21,101,852 35,581,221
Budgeted Revenues
Ad Valorem Taxes
Utility Taxes
Local Option, Fuel & Other Taxes
Franchise Fees
Other Permits and Fees
Intergovernmental Revenue
Charges for Services 10,559,270 4,597,290 16,176,170 24,235,180 55,567,910
Judgments, Fines and Forfeits
Miscellaneous Revenues 105,000 20,000 430,000 556,000 1,111,000
Transfers In
Other Financing Sources
TOTAL BUDGETED REVENUES 10,664,270 4,617,290 16,606,170 24,791,180 56,678,910
TOTAL REVENUES, TRANSFERS, AND
BALANCES 17,900,800 6,000,762 22,465,537 45,893,032 92,260,131
Budgeted Expenditures
Administrative Services Fund
Information Technology/Administration 375,330 375,330
Network Services 3,249,620 3,249,620
Software Applications 3,688,710 3,688,710
Telecommunications 700,720 700,720
Courier 153,180 153,180
Clearwater Customer Service 3,600,940 3,600,940
General Services Fund
Administration 424,830 424,830
Building and Maintenance 4,128,560 4,128,560
Garage Fund
Fleet Maintenance 14,329,760 14,329,760
Radio Communications 1,528,380 1,528,380
Central Insurance Fund
Risk Management 459,190 459,190
Employee Benefits 368,760 368,760
Employee Health Center 1,854,960 1,854,960
Non-Departmental 22,145,690 22,145,690
TOTAL BUDGETED EXPENDITURES 11,768,500 4,553,390 15,858,140 24,828,600 57,008,630
Fund Balances/Reserves/Net Assets 6,132,300 1,447,372 6,607,397 21,064,432 35,251,501
TOTAL EXPENDITURES AND BALANCES 17,900,800 6,000,762 22,465,537 45,893,032 92,260,131
EXHIBIT A
CITY OF CLEARWATER
2015-16 BUDGET
Ordinance No. 8767-15
Page 1
Total Total
Total Total Other Internal Total
Governmental Utility Enterprise Service All
ALL FUNDS Funds Funds Funds Funds Funds
Balances Brought Forward 28,602,140 129,893,417 11,043,596 35,581,221 205,120,374
Budgeted Revenues
Ad Valorem Taxes 43,240,180 43,240,180
Utility Taxes 14,385,000 14,385,000
Local Option, Fuel & Other Taxes 18,363,700 18,363,700
Franchise Fees 10,184,600 10,184,600
Other Permits and Fees 2,372,250 1,300 2,373,550
Intergovernmental Revenue 23,825,250 54,080 23,879,330
Charges for Services 15,218,090 155,504,110 10,004,370 55,567,910 236,294,480
Judgments, Fines and Forfeits 908,000 566,800 653,200 2,128,000
Miscellaneous Revenues 2,550,250 3,468,560 638,370 1,111,000 7,768,180
Transfers In 9,299,490 350,000 9,649,490
Other Financing Sources
TOTAL BUDGETED REVENUES 140,346,810 159,890,770 11,350,020 56,678,910 368,266,510
TOTAL REVENUES, TRANSFERS, AND
BALANCES 168,948,950 289,784,187 22,393,616 92,260,131 573,386,884
Budgeted Expenditures
City Council 316,430 316,430
City Manager's Office 1,075,590 1,075,590
City Attorney's Office 1,652,360 1,652,360
City Audit 207,370 207,370
Economic Development and Housing 1,735,030 1,735,030
Engineering 7,857,040 7,857,040
Finance 2,405,570 2,405,570
Fire 25,528,490 25,528,490
Human Resources 1,173,410 1,173,410
Library 6,759,060 6,759,060
Marine & Aviation 967,980 967,980
Non-Departmental 4,274,420 4,274,420
Official Records and Legislative Services 1,130,440 1,130,440
Parks and Recreation 23,590,520 23,590,520
Planning and Development 5,400,550 5,400,550
Police 39,169,980 39,169,980
Public Communications 990,180 990,180
Public Services 275,450 275,450
General Government Services 702,230 702,230
Economic Environment 1,340,780 1,340,780
Culture and Recreation 70,000 70,000
Transfers Out 10,645,250 10,645,250
Water & Sewer Fund Expenditures
Public Utilities Administration 1,122,590 1,122,590
Wastewater Collection 13,730,220 13,730,220
Public Utilities Maintenance 5,769,310 5,769,310
WPC Plant Operations 16,525,090 16,525,090
WPC Laboratory Operations 1,502,590 1,502,590
WPC Industrial Pretreatment 914,050 914,050
Water Distribution 11,638,370 11,638,370
Water Supply 14,492,130 14,492,130
Reclaimed Water 2,490,510 2,490,510
Non-Departmental 13,770,350 13,770,350
Stormwater Fund
Stormwater Management 10,411,190 10,411,190
Stormwater Maintenance 6,800,510 6,800,510
EXHIBIT B
CITY OF CLEARWATER
2015-16 BUDGET
Ordinance No. 8767-15
Page 2
Total Total
Total Total Other Internal Total
Governmental Utility Enterprise Service All
ALL FUNDS Funds Funds Funds Funds Funds
Budgeted Expenditures
Solid Waste & Recycling Fund
Administration 1,116,070 1,116,070
Solid Waste Collection 17,260,030 17,260,030
Solid Waste Transfer 1,608,160 1,608,160
Solid Waste Container Maintenance 889,870 889,870
Recycling Residential 1,266,850 1,266,850
Recycling Multi Family 445,360 445,360
Recycling Commercial 1,337,890 1,337,890
Gas Fund
Administration and Supply 23,893,060 23,893,060
Pinellas Gas Operations 7,561,590 7,561,590
Pasco Gas Operations 3,636,840 3,636,840
Gas Marketing and Sales 6,531,940 6,531,940
Recycling Fund
Airpark Fund
Airpark Operations 274,870 274,870
Marine Fund
Marina Operations 4,589,840 4,589,840
Clearwater Harbor Marine Fund
Clearwater Harbor Marina Operations 604,340 604,340
Parking Fund
Parking System 5,080,050 5,080,050
Parking Enforcement 663,870 663,870
Beach Guard Operations 697,050 697,050
Administrative Services Fund
Information Technology/Administration 375,330 375,330
Network Services 3,249,620 3,249,620
Software Applications 3,688,710 3,688,710
Telecommunications 700,720 700,720
Courier 153,180 153,180
Clearwater Customer Service 3,600,940 3,600,940
General Services Fund
Administration 424,830 424,830
Building and Maintenance 4,128,560 4,128,560
Garage Fund
Fleet Maintenance 14,329,760 14,329,760
Radio Communications 1,528,380 1,528,380
Central Insurance Fund
Risk Management 459,190 459,190
Employee Benefits 368,760 368,760
Employee Health Center 1,854,960 1,854,960
Non-Departmental 22,145,690 22,145,690
TOTAL BUDGETED EXPENDITURES 137,268,130 164,714,570 11,910,020 57,008,630 370,901,350
Fund Balances/Reserves/Net Assets 31,680,820 125,069,617 10,483,596 35,251,501 202,485,534
TOTAL EXPENDITURES AND BALANCES 168,948,950 289,784,187 22,393,616 92,260,131 573,386,884
2015-16 BUDGET
EXHIBIT B
CITY OF CLEARWATER
Ordinance No. 8767-15
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8768-15
Agenda Date: 9/17/2015 Status: Public HearingVersion: 2
File Type: OrdinanceIn Control: City Council
Agenda Number: 7.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8768-15 on second reading, adopting the Capital Improvement Program
Budget for the Fiscal Year beginning October 1, 2015 and ending September 30, 2016;
approving the six-year Capital Improvement Program which shall be reevaluated at the
beginning of each fiscal year; authorizing the City Manager to issue such instructions that are
necessary to achieve and accomplish the capital improvements so authorized; authorizing the
City Manager to transfer money between projects in the Capital Improvement Program;
appropriating available and anticipated resources for the projects identified.
SUMMARY:
In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in
Millage (TRIM) compliance, the City Council must hold two public hearing to adopt the final
budget. The adoption of this ordinance and the related ordinances adopting the 2015/16
millage rate and operating budget are an integral part of fulfilling these requirements.
On June 30, 2015, the City Manager provided the City Council with a Preliminary Annual
Operating and Capital Improvement Budget that outlined estimates of revenues and
expenditures for the 2015/16 fiscal year. On July 13, 2015 the City Manager presented the
preliminary budget at the work session for Council discussion. The preliminary budget was
also presented at the July 16, 2015 council meeting, and at the August 17, 2015 Special
Council Meeting for citizen input.
On August 6, 2015, Council approved adding the Morningside Recreation Center project to
the six-year capital plan with funding of $2,580,000 planned from Penny for Pinellas funds in
fiscal year 2016/17. At the August 17, 2015 Special Council Meeting, the Council approved
adding the Crest Lake Park Renovation project to the six year plan with funding of $250,000
planned from Penny for Pinellas funds in fiscal year 2015/16. These are the only changes to
the Preliminary Capital Improvement Budget at this time.
Page 1 City of Clearwater Printed on 9/17/2015
Ordinance No. 8768-15
CAPITAL IMPROVEMENT ORDINANCE
ORDINANCE NO. 8768-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT
PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016;
APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT
PROGRAM WHICH SHALL BE REEVALUATED AT THE
BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE
CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT
ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE
CAPITAL IMPROVEMENTS SO AUTHORIZED;
AUTHORIZING THE CITY MANAGER TO TRANSFER
MONEY BETWEEN PROJECTS IN THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS
IDENTIFIED; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager has submitted a proposed Six-Year Capital
Improvement Program, and has submitted an estimate of the amount of money
necessary to carry on said Capital Improvement Program for the fiscal year beginning
October 1, 2015, and ending September 30, 2016; and
WHEREAS, an estimate of the resources available and income to be received by
the City during said period from ad valorem taxes and other sources has been submitted
to the City Council; and
WHEREAS, a general summary of the Capital Improvement Budget, and notice of
the times and places when copies of the budget message and capital budget are
available for inspection by the public, was published in a newspaper of general
circulation; and
WHEREAS, the City Council has examined and carefully considered the proposed
budget; and
WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances,
the City Council conducted a public hearing in the City Hall upon said proposed budget on
September 3, 2015; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. Pursuant to the Capital Improvement Program Report and Estimated
Budget for the fiscal year beginning October 1, 2015, and ending September 30, 2016, a
Ordinance No. 8768-15
copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the
capital improvement fund for the City of Clearwater, a copy of which is attached hereto as
Exhibit A.
Section 2. The Six-Year Capital Improvement Program and Budget, a summary of
which is attached hereto, marked Exhibit B, is approved in its present form, but prior to
the beginning of each fiscal year the City Council shall reevaluate priorities, hold public
hearings and formally adopt additions or corrections thereto.
Section 3. The budget as adopted shall stand and be the Capital Improvement
Program Budget of the City for said fiscal year, subject to the authority of the City Council
to amend or change the budget as provided by Section 2.519 of the Clearwater Code of
Ordinances.
Section 4. The City Manager is authorized and directed to issue such instructions
and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget.
Section 5. The City Manager is authorized to transfer appropriations within the
capital budget, provided such transfer does not result in changing the scope of any
project or the fund source included in the adopted capital budget.
Section 6. Should any provision of this ordinance be declared by any court to be
invalid, the same shall not affect the validity of the ordinance as a whole, or any provision
thereof, other than the provision declared to be invalid.
Section 7. This ordinance shall take effect October 1, 2015.
PASSED ON FIRST READING AS AMENDED _____________________
PASSED ON SECOND READING _____________________
AND ADOPTED
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
_____________________________________________________________Pamela K. Akin Rosemarie CallCity Attorney City Clerk
Budgeted
Revenues
GENERAL SOURCES:2015/16
General Operating Revenue 2,836,150
Road Millage 2,060,100
Penny for Pinellas 6,021,820
Transportation Impact Fee 190,000
Local Option Gas Tax 1,438,330
Special Program Fund 935,000
Grants 1,485,000
Donations 100,000
SELF SUPPORTING FUNDS:
Marine Revenue 95,000
Clearwater Harbor Marina Fund 25,000
Airpark Revenue 25,000
Parking Revenue 2,409,000
Utility System:
Water Revenue 2,586,000
Sewer Revenue 8,412,830
Water Impact Fees 24,000
Sewer Impact Fees 82,130
Utility R & R 8,667,170
Stormwater Utility Revenue 5,498,550
Gas Revenue 6,050,000
Solid Waste Revenue 535,000
Recycling Revenue 90,000
INTERNAL SERVICE FUNDS:
Garage Revenue 77,400
Administrative Services Revenue 1,710,000
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund 246,000
BORROWING - SELF SUPPORTING FUNDS:
Lease Purchase - Stormwater 320,000
Lease Purchase - Gas 161,000
Lease Purchase - Water & Sewer 169,000
Bond Issues - Water & Sewer 11,867,870
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 5,441,000
Lease Purchase - Administrative Services 405,000
TOTAL ALL FUNDING SOURCES:$69,963,350
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2015/16
Exhibit A
Ordinance No. 8768-15
Budgeted
Expenditures
FUNCTION:2015/16
Police Protection 200,000
Fire Protection 1,476,390
Major Street Maintenance 3,656,430
Sidewalk and Bike Trails 472,000
Intersections 335,000
Parking 2,389,000
Miscellaneous Engineering 935,000
Parks Development 6,735,000
Marine Facilities 410,000
Airpark Facilities 65,000
Libraries 115,580
Garage 5,639,400
Maintenance of Buildings 902,000
General Public City Building 110,000
Miscellaneous 2,125,000
Stormwater Utility 5,802,550
Gas System 6,211,000
Solid Waste & Recycling 625,000
Utilities Miscellaneous 20,000
Sewer System 24,469,000
Water System 7,270,000
TOTAL PROJECT EXPENDITURES $69,963,350
Exhibit A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2015/16
Ordinance No. 8768-15
Function 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 Total
Police Protection 200,000 3,305,000 0 0 0 0 3,505,000
Fire Protection 1,476,390 4,857,920 3,275,470 4,778,060 1,391,340 2,195,710 17,974,890
Major Street Maintenance 3,656,430 5,668,100 5,654,850 5,654,850 3,658,850 3,484,850 27,777,930
Sidewalk and Bike Trails 472,000 472,000 472,000 472,000 473,250 473,250 2,834,500Intersections335,000 335,000 331,990 315,410 315,400 315,390 1,948,190Parking2,389,000 19,482,500 381,000 382,500 384,000 384,000 23,403,000Miscellaneous Engineering 935,000 535,000 35,000 35,000 2,460,000 35,000 4,035,000Parks Development 6,735,000 5,037,000 3,564,840 3,325,000 7,125,000 1,440,000 27,226,840Marine Facilities 410,000 385,000 390,000 390,000 390,000 390,000 2,355,000Airpark Facilities 65,000 715,000 115,000 1,215,000 3,815,000 15,000 5,940,000
Libraries 115,580 387,350 27,340 462,720 35,000 0 1,027,990
Garage 5,639,400 5,700,160 5,702,960 5,307,850 5,414,840 5,524,020 33,289,230
Maintenance of Buildings 902,000 881,850 794,070 2,161,630 1,084,590 1,045,650 6,869,790
General Public City Building 110,000 522,800 4,646,630 985,650 10,289,100 0 16,554,180
Miscellaneous 2,125,000 5,995,000 1,625,000 1,630,000 1,955,000 2,045,000 15,375,000
Stormwater Utility 5,802,550 5,714,380 4,751,150 6,174,320 4,999,690 6,294,000 33,736,090
Gas System 6,211,000 4,050,000 13,850,000 4,050,000 4,050,000 4,050,000 36,261,000
Solid Waste & Recycling 625,000 635,000 635,000 635,000 635,000 635,000 3,800,000
Utilities Miscellaneous 20,000 20,000 20,000 20,000 20,000 20,000 120,000
Sewer System 24,469,000 23,260,000 16,260,000 11,400,000 10,200,000 10,150,000 95,739,000
Water System 7,270,000 7,135,000 14,555,000 6,185,000 5,645,000 5,525,000 46,315,000
69,963,350 95,094,060 77,087,300 55,579,990 64,341,060 44,021,870 406,087,630
Exhibit B
Schedule of Planned Expenditures
CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION
FY 2015-2016 THROUGH FY 2020-2021 CAPITAL IMPROVEMENT FUND
CITY OF CLEARWATER
Ordinance No. 8768-15
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ANX2015-07018
Agenda Date: 9/17/2015 Status: Public HearingVersion: 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
1214 Aloha Lane; and pass Ordinances 8756-15, 8757-15 and 8758-15 on first reading.
(ANX2015-07018)
SUMMARY:
This voluntary annexation petition involves one parcel of land totaling 0.164 acres. The parcel
is occupied by a single-family dwelling and is located on the north side of Aloha Lane
approximately 195 feet east of Douglas Avenue. 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 property is contiguous to
existing city boundaries along the north and 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
Page 1 City of Clearwater Printed on 9/17/2015
File Number: ANX2015-07018
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 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 north and 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 9/17/2015
Ordinance No. 8756-15
ORDINANCE NO. 8756-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF ALOHA LANE
APPROXIMATELY 195 FEET EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESS IS 1214
ALOHA LANE, CLEARWATER, FLORIDA 33755, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 4, Block 3, SUNSET KNOLL, according to the map or plat thereof as recorded
in Plat Book 24, Page 26, of the Public Records of Pinellas County, Florida;
(ANX2015-07018)
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. 8756-15
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): REO Asset Acquisition, LLC Case: ANX2015-07018
Site: 1214 Aloha Lane
Property
Size(Acres):
ROW (Acres):
0.164
N/A
Land Use Zoning
PIN: 03-29-15-87912-003-0040
From : RU R-4
Atlas Page: 251B To: RU LMDR 333060 6080
6660 60608060
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DOUGLAS AVE CHENANGO AVE SUNSET POINT RD COLES RD ALOHA LN
SEDEEVA CIR S
SPRINGTIME AVE SHERIDAN RD
SEDEEVA ST 118612241903
1967
122612041178120919321185
11841954
1946
120419301189 121912321942
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12051943
124812121916120312221933
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118112241887 12461901
1933
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19041233
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12151938
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1B1A9Traf-Not to Scale--Not a Survey-Rev. 07/09/15
Ordinance No. 8757-15
ORDINANCE NO. 8757-15
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
NORTH SIDE OF ALOHA LANE APPROXIMATELY 195 FEET EAST OF DOUGLAS AVENUE, WHOSE POST OFFICE
ADDRESS IS 1214 ALOHA LANE, 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 4, Block 3, SUNSET KNOLL, according to the map or plat thereof as recorded in Plat Book
24, Page 26, of the Public Records of Pinellas
County, Florida;
Residential Urban (RU)
(ANX2015-07018)
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. 8756-15.
Ordinance No. 8757-15
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): REO Asset Acquisition, LLC Case: ANX2015-07018
Site: 1214 Aloha Lane
Property
Size(Acres):
ROW (Acres):
0.164
N/A
Land Use Zoning
PIN: 03-29-15-87912-003-0040
From : RU R-4
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RU
I
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RU
RM CG
RU
RURU
RU
RU CG RUDOUGLAS AVE CHENANGO AVE COLES RD ALOHA LN
SEDEEVA CIR S
SPRINGTIME AVE SHERIDAN RD
SEDEEVA ST 118612241967
12261204120919321185
11841954
1946
120419301189 121912321942
1917
1952
19271175
12051943
124812121916120312221933
1182121212311945
1172119019241204
1913
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19581180
12001901
1940
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12061206120712231216123712341212120112301943
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1181122412461933
1910
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1239
122612251934
121311741936
19041233
120812171964
12151938
191812051936
1
1903 1216194
117891251
1249
1
194
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5112101944
11861941
12037118012111915 12241
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1B1A9Traf-Not to Scale--Not a Survey-Rev. 07/09/15
Ordinance No. 8758-15
ORDINANCE NO. 8758-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE NORTH SIDE OF ALOHA LANE APPROXIMATELY 195 FEET EAST OF DOUGLAS AVENUE, WHOSE POST
OFFICE ADDRESS IS 1214 ALOHA LANE, 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. 8756-15.
Property Zoning District
Lot 4, Block 3, SUNSET KNOLL, according to the map or plat thereof as recorded in Plat
Book 24, Page 26, of the Public Records of
Pinellas County, Florida;
Low Medium Density Residential (LMDR)
(ANX2015-07018)
Ordinance No. 8758-15
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): REO Asset Acquisition, LLC Case: ANX2015-07018
Site: 1214 Aloha Lane
Property
Size(Acres):
ROW (Acres):
0.164
N/A
Land Use Zoning
PIN: 03-29-15-87912-003-0040
From : RU R-4
Atlas Page: 251B To: RU LMDR 333060 6080
6660 60608060
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97 4040404030
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63 608397087912
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LMDR
MDRDOUGLAS AVE CHENANGO AVE SUNSET POINT RD COLES RD ALOHA LN SPRINGTIME AVE SHERIDAN RD
SEDEEVA ST 118612241903
1967
122612041178120919321185
11841954
1946
120419301189 121912321942
1917
1952
19271175
12051943
1212191612031933
1182121212311945
1172119019241204
1913
1910
19581180
12001901
1940
1929
1962
12061206120712231216123712341944
1203120112301943
1915
19261220
1218120211841180190912111201 1960
118112241887 12461901
1933
1910
1938
1239
122612251934
1213121311741936
19041233
120812171964
12151938
191812051936
MDR
LMD
LMDR
LMDR LMDR
LMDR
LMD
1
1216194
91251
1249
12481
1941222196
1245
111791671
511210118612121941
71915 12241
1
196
3121412061257
1B1A9Traf-Not to Scale--Not a Survey-Rev. 07/09/15
LOCATION MAP
Owner(s): REO Asset Acquisition, LLC Case: ANX2015-07018
Site: 1214 Aloha Lane
Property
Size(Acres):
ROW (Acres):
0.164
N/A
Land Use Zoning
PIN: 03-29-15-87912-003-0040
From : RU R-4
Atlas Page: 251B To: RU LMDR
^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 07/09/15
DUNEDIN
AERIAL PHOTOGRAPH
Owner(s): REO Asset Acquisition, LLC Case: ANX2015-07018
Site: 1214 Aloha Lane
Property
Size(Acres):
ROW (Acres):
0.164
N/A
Land Use Zoning
PIN: 03-29-15-87912-003-0040
From : RU R-4
Atlas Page: 251B To: RU LMDR DOUGLAS AVE DOUGLAS AVE CHENANGO AVE CHENANGO AVE SUNSET POINT RD SUNSET POINT RD COLES RD COLES RD ALOHA LN ALOHA LN
SEDEEVA CIR SSEDEEVA CIR S
SPRINGTIME AVE SPRINGTIME AVE SHERIDAN RD SHERIDAN RD
SEDEEVA ST SEDEEVA ST -Not to Scale--Not a Survey-Rev. 07/09/15
EXISTING SURROUNDING USES MAP
Owner(s): REO Asset Acquisition, LLC Case: ANX2015-07018
Site: 1214 Aloha Lane
Property
Size(Acres):
ROW (Acres):
0.164
N/A
Land Use Zoning
PIN: 03-29-15-87912-003-0040
From : RU R-4
Atlas Page: 251B To: RU LMDR 333060 6080
6660 60608060
60
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97 4040404030
30 333060
63 608397087912
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DOUGLAS AVE CHENANGO AVE SUNSET POINT RD COLES RD ALOHA LN
SEDEEVA CIR S
SPRINGTIME AVE SHERIDAN RD
SEDEEVA ST 118612241903
1967
122612041178120919321185
11841954
1946
120419301189 121912321942
1917
1952
19271175
12051943
124812121916120312221933
1182121212311945
1172119019241204
1913
1910
19581180
12001901
1940
1929
1962
12061206120712231216123712341944 12121203120112301943
1915
19261220
1218120211841180190912111201 1960
118112241887 12461901
1933
1910
1938
1239
122612251934
1213121311741936
19041233
120812171964
12151938
191812051936
1
1216194
91251
1249
1
194
196
1245
111791671
51121011861941
71915 12241
1
196
3121412061257
1B1A9Traf-Not to Scale--Not a Survey-Rev. 07/09/15
Single Family Residential
Single Family Residential
Single Family Residential
Commercial
View looking north at the subject property, 1214 Aloha Lane East of the subject property
West of the subject property Across the street, to the south of the subject property
ANX2015-07018
REO Asset Acquisition, LLC
1214 Aloha Lane
View looking easterly along Aloha Lane View looking westerly along Aloha Lane
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ANX2015-07019
Agenda Date: 9/17/2015 Status: Public HearingVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 7.5
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 2122
and 2148 Burnice Drive; together with certain right-of-way of Burnice Drive; and pass
Ordinances 8759-15, 8760-15 and 8761-15 on first reading. (ANX2015-07019)
SUMMARY:
These voluntary annexation petitions involve two parcels of land totaling 0.472 acres. The
parcels are occupied by two single-family dwellings and are located generally south of Druid
Road, west of Belcher Road, east of South Hercules Avenue, and north of Lakeview Road .
The applicants are 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 Development Review Committee is also proposing that the 0.956-acres of
certain abutting right-of-way of Burnice Drive also be annexed. The properties are contiguous
to existing city limits along at least one boundary. It is proposed that the properties 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 annexations are
consistent with the provisions of Clearwater Community Development Code Section 4-604.E
as follows:
·The properties currently receive water service from Pinellas County. Collection of solid
waste will be provided to the properties by the City. The applicants have paid the sewer
impact fee in full, and will be connected to the City sewer system once it is available .
The properties are 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 properties by Station 47 located at 1460
Lakeview Road. The City has adequate capacity to serve the properties with sanitary
sewer, solid waste, police, fire and EMS service. The properties 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 annexations are 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 9/17/2015
File Number: ANX2015-07019
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 properties. 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 properties is the Low Medium Density
Residential (LMDR) District. The use of the subject properties is consistent with the
uses allowed in the Low Medium Density Residential (LMDR) District and the
properties exceed the District’s minimum dimensional requirements. The proposed
annexations are therefore consistent with the Countywide Plan and the City’s
Comprehensive Plan and Community Development Code; and
·The properties proposed for annexation are contiguous to existing City limits along at
least one property boundary; therefore, the annexations are 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 9/17/2015
Ordinance No. 8759-15
ORDINANCE NO. 8759-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTIES
LOCATED GENERALLY SOUTH OF DRUID ROAD, WEST
OF BELCHER ROAD, EAST OF SOUTH HERCULES AVENUE, AND NORTH OF LAKEVIEW ROAD, WHOSE
POST OFFICE ADDRESSES ARE 2122 AND 2148
BURNICE DRIVE, ALL IN CLEARWATER, FLORIDA 33764,
TOGETHER WITH CERTAIN RIGHT-OF-WAY OF BURNICE
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 owners of the real properties described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
See attached Exhibit A for Legal Descriptions.
(ANX2015-07019) The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida,
within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption.
Ordinance No. 8759-15
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
LEGAL DESCRIPTIONS
ANX2015‐07019
=========================================================================================
No. Parcel ID Legal Description Address
1. 24-29-15-31050-000-0130 Lot 13 2122 Burnice Drive
2. 24-29-15-31050-000-0090 Lot 9 2148 Burnice Drive
Together with all Right-of-Way of Burnice Drive abutting Lots 9 through 17 and westerly to the 40 acre line in the NE ¼ of
Section 24, Township 29s, Range 15e.
The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of
Pinellas County, Florida.
Exhibit B
PROPOSED ANNEXATION MAP
Owner(s): Multiple Owners Case: ANX2015-07019
Site: 2122 Burnice Drive
2148 Burnice Drive
Property
Size(Acres):
ROW (Acres):
0.472
0.956
Land Use Zoning
PIN: 24-29-15-31050-000-0130
24-29-15-31050-000-0090
From : RL R-4
Atlas Page: 308B To: RL LMDR 6060 606060
93474
45
1
2
3
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5
6 9
10
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14 1
2
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77 58 57
78 79 80979899100
96 95 94 93 92
91
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101
102
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104
130 131 132 133 87 86 85
138 137 136 135 134 105 106 107 108
129
128
127
126
125
124 123 122 121 120 119 118 117 116 115 114 113
60
60
50
6060
6060 064080642606444
31050
13158
5 4
3
4
13141516
11 12 13 14 15 18
1 2 332 19 8765 4 32
18 19 20 21 22 23 24 25 26 27 28 29 30 31
17 16 15 14 13 12 11 10
9 8
7 654787
1234
13
14
15
16 17
1 2
6 7 8
16
BURNICE DR
BELL CHEER DR
S UNIVERSITY DR WOODLEY RD UNIVERSITY CT
MAGNOLIA DR W UNIVERSITY DR 21121004
21732172216521322143211021732125208521172165214721482155214920992167215721522138210921732 1 4 1
215521252179213921301100
2107121621062106 21262157216621601000
2187214921181228
212521662115 2173214221242174211021671234 21091110
2111 2143216121812126214012221105
21002187211721701104
217821852091213021881250LS47 214821312154213221641008
21811101
21121009
2110211821602148218021762071212221092070211721251006
21162130210121401107 215621401005
2180207621761001
21242214121351108
210021491100
215720771111 21331010
21332172211821342079-Not to Scale--Not a Survey-Rev. 07/09/15
Ordinance No. 8760-15
ORDINANCE NO. 8760-15
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
GENERALLY SOUTH OF DRUID ROAD, WEST OF BELCHER ROAD, EAST OF SOUTH HERCULES AVENUE, AND NORTH
OF LAKEVIEW ROAD, WHOSE POST OFFICE ADDRESSES ARE 2122 AND 2148 BURNICE DRIVE, ALL IN 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
properties, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
See attached Exhibit A for Legal Descriptions;Residential Low
(RL)
(ANX2015-07019)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8759-15.
Ordinance No. 8760-15
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
LEGAL DESCRIPTIONS
ANX2015‐07019
=========================================================================================
No. Parcel ID Legal Description Address
1. 24-29-15-31050-000-0130 Lot 13 2122 Burnice Drive
2. 24-29-15-31050-000-0090 Lot 9 2148 Burnice Drive
The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of
Pinellas County, Florida.
Exhibit B
\
FUTURE LAND USE MAP
Owner(s): Multiple Owners Case: ANX2015-07019
Site: 2122 Burnice Drive
2148 Burnice Drive
Property
Size(Acres):
ROW (Acres):
0.472
Land Use Zoning
PIN: 24-29-15-31050-000-0130
24-29-15-31050-000-0090
From : RL R-4
Atlas Page: 308B To: RL LMDR 6060 60606 0
93474
45
1
2
3
4
5
6 9
10
11
12
13
14 1
2
3
4
5
6
77 58 57
78 79 80979899100
96 95 94 93 92
91
90
89
88
101
102
103
104
130 131 132 133 87 86 85
138 137 136 135 134 105 106 107 108
129
128
127
126
125
124 123 122 121 120 119 118 117 116 115 114 113
60
60
50
6060
6060 064080642606444
31050
13158
5 4
3
4
13141516
11 12 13 14 15 18
1 2 332 19 8765 4 32
18 19 20 21 22 23 24 25 26 27 28 29 30 31
17 16 15 14 13 12 11 10
9 8
7 654787
1234
13
14
15
16 17
1 2
6 7 8
16
RL
RL
RU RU
RL
RU
RU
RL
RU
RL
RU
RU
R/OS
BURNICE DR
BELL CHEER DR
S UNIVERSITY DR WOODLEY RD UNIVERSITY CT
MAGNOLIA DR W UNIVERSITY DR 211221732172216521322143211021732125211721652147214821552149216721572152213821092 1 4 1215521252179213921302107121621062106 21262157216621601000
2187214921181228
21252115 2173214221242174211021671234 21091 110
2143216121812126214012221105
2100218721171104
217821851302188RU
RU
WATER
P WATER
RU
214821312154213221641004
1008
21811101
21121009
2085102118216021482099218021762071212221092070211721731100
21251006
21162130210121401107 215621401005
21662180207621761001
1242214121351108
210021491100
2157211120771111 21331010
21332172217020912118213420791250LS47 -Not to Scale--Not a Survey-Rev. 07/09/15
Ordinance No. 8761-15
ORDINANCE NO. 8761-15
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
GENERALLY SOUTH OF DRUID ROAD, WEST OF BELCHER ROAD, EAST OF SOUTH HERCULES AVENUE,
AND NORTH OF LAKEVIEW ROAD, WHOSE POST
OFFICE ADDRESSES ARE 2122 AND 2148 BURNICE
DRIVE, ALL IN 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 properties located in Pinellas County, Florida,
are 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. 8759-15.
Property Zoning District
See attached Exhibit A for Legal
Descriptions;
Low Medium Density Residential
(LMDR)
(ANX2015-07019)
Ordinance No. 8761-15
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
LEGAL DESCRIPTIONS
ANX2015‐07019
=========================================================================================
No. Parcel ID Legal Description Address
1. 24-29-15-31050-000-0130 Lot 13 2122 Burnice Drive
2. 24-29-15-31050-000-0090 Lot 9 2148 Burnice Drive
The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of
Pinellas County, Florida.
Exhibit B
ZONING MAP
Owner(s): Multiple Owners Case: ANX2015-07019
Site: 2122 Burnice Drive
2148 Burnice Drive
Property
Size(Acres):
ROW (Acres):
0.472
0.956
Land Use Zoning
PIN: 24-29-15-31050-000-0130
24-29-15-31050-000-0090
From : RL R-4
Atlas Page: 308B To: RL LMDR 6060 606060
93474
45
1
2
3
4
5
6 9
10
11
12
13
14 1
2
3
4
5
6
77 58 57
78 79 80979899100
96 95 94 93 92
91
90
89
88
101
102
103
104
130 131 132 133 87 86 85
138 137 136 135 134 105 106 107 108
129
128
127
126
125
124 123 122 121 120 119 118 117 116 115 114 113
60
60
50
6060
6060 064080642606444
31050
13158
5 4
3
4
13141516
11 12 13 14 15 18
1 2 332 19 8765 4 32
18 19 20 21 22 23 24 25 26 27 28 29 30 31
17 16 15 14 13 12 11 10
9 8
7 654787
1234
13
14
15
16 17
1 2
6 7 8
16
LMDR
OS/R LMDR
BURNICE DR
BELL CHEER DR
S UNIVERSITY DR WOODLEY RD UNIVERSITY CT
MAGNOLIA DR W UNIVERSITY DR 21121004
21732172216521322143211021732125208521172165214721482155214920992167215721522138210921732 1 4 1
215521252179213921301100
2107121621062106 21262157216621601000
2187214921181228
212521662115 2173214221242174211021671234 21091110
2143216121812126214012221105
21002187211721701104
217821852091213021881250LS47
LMDR
P 21312154213221641008
21811101
21121009
2110211821602148218021762071212221092070211721251006
21162130210121401107 215621401005
2180207621761001
21242214121351108
210021491100
2157211120771111 21331010
213321482172211821342079-Not to Scale--Not a Survey-Rev. 07/09/15
LOCATION MAP
Owner(s): Multiple Owners Case: ANX2015-07019
Site: 2122 Burnice Drive
2148 Burnice Drive
Property
Size(Acres):
ROW (Acres):
0.472
0.956
Land Use Zoning
PIN: 24-29-15-31050-000-0130
24-29-15-31050-000-0090
From : RL R-4
Atlas Page: 308B To: RL LMDR
^^BELCHER RDDRUID RD -Not to Scale--Not a Survey-Rev. 07/09/15
AERIAL PHOTOGRAPH
Owner(s): Multiple Owners Case: ANX2015-07019
Site: 2122 Burnice Drive
2148 Burnice Drive
Property
Size(Acres):
ROW (Acres):
0.472
0.956
Land Use Zoning
PIN: 24-29-15-31050-000-0130
24-29-15-31050-000-0090
From : RL R-4
Atlas Page: 308B To: RL LMDR
BURNICE DR BURNICE DR
BELL CHEER DR BELL CHEER DR
S UNIVERSITY DR S UNIVERSITY DR WOODLEY RD WOODLEY RD UNIVERSITY CT UNIVERSITY CT
MAGNOLIA DR MAGNOLIA DR
B E L L D R
B E L L D R W UNIVERSITY DR W UNIVERSITY DR PLEASANT PKWY PLEASANT PKWY -Not to Scale--Not a Survey-Rev. 07/09/15
EXISTING SURROUNDING USES MAP
Owner(s): Multiple Owners Case: ANX2015-07019
Site: 2122 Burnice Drive
2148 Burnice Drive
Property
Size(Acres):
ROW (Acres):
0.472
0.956
Land Use Zoning
PIN: 24-29-15-31050-000-0130
24-29-15-31050-000-0090
From : RL R-4
Atlas Page: 308B To: RL LMDR 6060 606060
93474
45
1
2
3
4
5
6 9
10
11
12
13
14 1
2
3
4
5
6
77 58 57
78 79 80979899100
96 95 94 93 92
91
90
89
88
101
102
103
104
130 131 132 133 87 86 85
138 137 136 135 134 105 106 107 108
129
128
127
126
125
124 123 122 121 120 119 118 117 116 115 114 113
60
60
50
6060
6060 064080642606444
31050
13158
5 4
3
4
13141516
11 12 13 14 15 18
1 2 332 19 8765 4 32
18 19 20 21 22 23 24 25 26 27 28 29 30 31
17 16 15 14 13 12 11 10
9 8
7 654787
1234
13
14
15
16 17
1 2
6 7 8
16
BURNICE DR
BELL CHEER DR
S UNIVERSITY DR WOODLEY RD UNIVERSITY CT
MAGNOLIA DR W UNIVERSITY DR 21121004
21732172216521322143211021732125208521172165214721482155214920992167215721522138210921732 1 4 1
215521252179213921301100
2107121621062106 21262157216621601000
2187214921181228
212521662115 2173214221242174211021671234 21091110
2111 2143216121812126214012221105
21002187211721701104
217821852091213021881250LS47 214821312154213221641008
21811101
21121009
2110211821602148218021762071212221092070211721251006
21162130210121401107 215621401005
2180207621761001
21242214121351108
210021491100
215720771111 21331010
21332172211821342079-Not to Scale--Not a Survey-Rev. 07/09/15
Single Family Residential
Single Family Residential
Single Family Residential
View looking north at the subject property, 2122 Burnice Drive East of the subject property
West of the subject property Across the street, to the south of the subject property
ANX2015-07019
Ronald J. Main
2122 Burnice Drive
View looking easterly along Burnice Drive View looking westerly along Burnice Drive
View looking north at the subject property, 2148 Burnice Drive East of the subject property
West of the subject property Across the street, to the south of the subject property
ANX2015-07019
Scott and Cecilia May
2148 Burnice Drive
View looking easterly along Burnice Drive View looking westerly along Burnice Drive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ANX2015-07020
Agenda Date: 9/17/2015 Status: Public HearingVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 7.6
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designation of Institutional (I) and initial
Zoning Atlas designation of Institutional (I) District for 2853 and 2859 Sunset Point Road and
an unaddressed parcel on Sunset Point Road; and pass Ordinances 8762-16, 8763-16 and
8764-16 on first reading. (ANX2015-07020)
SUMMARY:
This voluntary annexation petition involves three parcels of land totaling 17.541 acres. All
parcels are part of the Sylvan Abbey Memorial Park and consist of the funeral home and
accessory facilities, including a personal care center and support area, as well as
approximately 14.264 acres of vacant land. The three lots are located north of SR 590, south
of Sunset Point Road, east of US 19 and west of CR 193. The applicant is requesting
annexation in order to receive sewer and solid waste service from the City. The properties are
contiguous to existing city boundaries to the east and north. It is proposed that the properties
be assigned a Future Land Use Map designation of Institutional (I) and a zoning category of
Institutional (I).
The applicant currently has an active building permit through Pinellas County for the
renovation of the personal care center and support area of the funeral home. A funeral home
is a retail sales and service use, which within the Institutional (I) District is only permissible as
an accessory use within the same building as another permissible use. City staff is preparing
an amendment to the Community Development Code (CDC) (TA2015-08005) which proposes
to allow funeral homes as permitted standalone uses in the Institutional (I) District. This
amendment is scheduled for review in early 2016. Should the amendment be approved by the
City, the Sylvan Abbey funeral home would be a conforming use and the approved site plan
would meet the District’s minimum development standards.
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 Certificate of Occupancy (CO), which is anticipated to be in early 2016. The
Planning and Development Department will schedule the 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 properties currently receive water service from the City. Collection of solid waste
Page 1 City of Clearwater Printed on 9/17/2015
File Number: ANX2015-07020
will be provided to the properties by the City. The applicant has paid the sewer impact
fee in full, and is aware of the additional costs to extend City sewer service to the
properties. The properties are 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 these properties by
Station 48 located at 1700 North Belcher Road. The City has adequate capacity to
serve these properties 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 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.
·The proposed Institutional (I) Future Land Use Map category is consistent with the
properties’ current Countywide Plan designation of Public/Semi-Public (P/SP). This
designation primarily permits institutional uses at an intensity of 0.65 FAR. The
proposed zoning district to be assigned to the property is the Institutional (I) District.
The use of the subject properties will be consistent with the uses allowed in the District
upon the approval of TA2015-08005, and the properties will exceed the District’s
minimum dimensional requirements. This will make the proposed annexation
consistent with the Countywide Plan and the City’s Comprehensive Plan and
Community Development Code; and
·The properties proposed for annexation are contiguous to existing city limits along the
east and north; 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 9/17/2015
Ordinance No. 8762-16
ORDINANCE NO. 8762-16
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTIES
LOCATED GENERALLY NORTH OF SR 590, SOUTH OF
SUNSET POINT ROAD, EAST OF US 19 AND WEST OF CR 193, WHOSE POST OFFICE ADDRESSES ARE 2853 AND
2859 SUNSET POINT ROAD, TOGETHER WITH AN
UNADDRESSED PARCEL LOCATED ON CR 193
APPROXIMATELY 253 FEET SOUTH OF SUNSET POINT
ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the
properties into the City pursuant to Section 171.044, Florida Statutes and the Interlocal
Service Boundary Agreement authorized by Section 171.204, 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 properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly:
See Exhibit A
(ANX2015-07020)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption.
Ordinance No. 8762-16
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
LEGAL DESCRIPTIONS
ANX2015‐07020
==================================================================================
No. Parcel ID Legal Description Address
1. 05-29-16-00000-130-0300 2853 Sunset Point Road
No. Parcel ID Legal Description Address
1. 05-29-16-00000-130-0400 2859 Sunset Point Road
No. Parcel ID Legal Description Address
1. 05-29-16-00000-420-0100 Unaddressed Sunset Point Road
Exhibit B
PROPOSED ANNEXATION MAP
Owner(s): S.E. Combined Services of Florida, LLC Case: ANX2015-07020
Site:
2853 Sunset Point Road
2859 Sunset Point Road
0 Sunset Point Road
Property
Size(Acres):
ROW (Acres):
17.541
N/A
Land Use Zoning
PIN:
05-29-16-00000-130-0300
05-29-16-00000-130-0400
05-29-16-00000-420-0100 From : I A-E
Atlas Page: 255B To: I I
LAKE
70.3
66 60
57.1 100100(S)100(S)5088140
76212
76194
B
1 2 453
89101112
78912
1011
6
5
4
3
2
1
5
6
4
7
24/03
24/04
2.4
24/10
2.78
13/01
13/02 13/03
2 1.49
13/04 13/05 13/06
1.9
14/10
6.22
24/06
1.31 24/12
24/11
24/14
60
5050
30
21092
J
J
1
2
3
7
8
9
10
11
1 2 3456 7
8
9
101112131415
16
1
2
3
4
5 6
7
8
910
11 12
31/01
5.75
14.75
42/01
42/02
25.9
41/04
2.61
41/03
41/02
2.28
4.6
AC(C)
AC
AC(C)
AC(C)
AC(C)
AC(C)
AC(C)AC(C)AC(C)
3
2
1
AC AC(C)
AC(C)
UNADDRESSED VACANT LAND
SUNSET POINT RD CR 193 SOULE RD SUNRISE DR
DIANE TER 286018502764 1885
1934
27871970
29101860
2
7
7
5
18912859 29272921291529092903292829222916291027842783277829041946
1 8 3 5 28171
8
4227621819
1948
1934
2779279427982790
18102767 2787289127662770279019401938
1834 2853278227912775282927631818
27902930288527711827277027741826 2786-Not to Scale--Not a Survey-Rev. 07/13/15
Ordinance No. 8763-16
ORDINANCE NO. 8763-16
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 PROPERTIES LOCATED
GENERALLY NORTH OF SR 590, SOUTH OF SUNSET POINT ROAD, EAST OF US 19 AND WEST OF CR 193, WHOSE POST
OFFICE ADDRESS ARE 2853 AND 2859 SUNSET POINT ROAD, TOGETHER WITH AN UNADDRESSED PARCEL LOCATED ON CR 193 APPROXIMATELY 253 FEET SOUTH OF
SUNSET POINT ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INSTITUTIONAL (I); 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 properties, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
See Exhibit A Institutional (I)
(ANX2015-07020)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8762-16.
Ordinance No. 8763-16
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
LEGAL DESCRIPTIONS
ANX2015‐07020
==================================================================================
No. Parcel ID Legal Description Address
1. 05-29-16-00000-130-0300 2853 Sunset Point Road
No. Parcel ID Legal Description Address
1. 05-29-16-00000-130-0400 2859 Sunset Point Road
No. Parcel ID Legal Description Address
1. 05-29-16-00000-420-0100 Unaddressed Sunset Point Road
Exhibit B
FUTURE LAND USE MAP
Owner(s): S.E. Combined Services of Florida, LLC Case: ANX2015-07020
Site:
2853 Sunset Point Road
2859 Sunset Point Road
0 Sunset Point Road
Property
Size(Acres):
ROW (Acres):
17.541
N/A
Land Use Zoning
PIN:
05-29-16-00000-130-0300
05-29-16-00000-130-0400
05-29-16-00000-420-0100 From : I A-E
Atlas Page: 255B To: I I
LAKE
70.3
66 60
57.1 100100(S)100(S)5088140
76212
76194
B
1 2 453
89101112
78912
1011
6
5
4
3
2
1
5
6
4
7
24/03
24/04
2.4
24/10
2.78
13/01
13/02 13/03
2 1.49
13/04 13/05 13/06
1.9
14/10
6.22
24/06
1.31 24/12
24/11
24/14
60
5050
30
21092
J
J
1
2
3
7
8
9
10
11
1 2 3456 7
8
9
101112131415
16
1
2
3
4
5 6
7
8
910
11 12
31/01
5.75
14.75
42/01
42/02
25.9
41/04
2.61
41/03
41/02
2.28
4.6
AC(C)
AC
AC(C)
AC(C)
AC(C)
AC(C)
AC(C)AC(C)AC(C)
3
2
1
AC AC(C)
AC(C)
UNADDRESSED VACANT LAND
I
I
I
I
RL
I
I RS
RL
RL
IL
RL
SUNSET POINT RD CR 193 SOULE RD DIANE TER 286018502764 1885
1934
27871970
1860
2
7
7
5
WATER
R/OL
P
P
I
R/OG
WATER
WATER
285929272921291529092903292829222916291027842783277829041946
1 8 3 5 28171
8
4227621819
1948
1934
2779279427982790
1810 291027672787289127662770279019401938
1834 2853278227912775282927631818
27902930288527711891
1827277027741826 2786-Not to Scale--Not a Survey-Rev. 07/13/15
Ordinance No. 8764-16
ORDINANCE NO. 8764 -16
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTIES LOCATED
GENERALLY NORTH OF SR 590, SOUTH OF SUNSET POINT ROAD, EAST OF US 19 AND WEST OF CR 193,
WHOSE POST OFFICE ADDRESS ARE 2853 AND 2859
SUNSET POINT ROAD, TOGETHER WITH AN
UNADDRESSED PARCEL LOCATED ON CR 193
APPROXIMATELY 253 FEET SOUTH OF SUNSET POINT ROAD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS INSTITUTIONAL (I); 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 properties located in Pinellas County, Florida,
are 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. 8762-16.
Property Zoning District
See Exhibit A Institutional (I)
(ANX2015-07020)
Ordinance No. 8764-16
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
LEGAL DESCRIPTIONS
ANX2015‐07020
==================================================================================
No. Parcel ID Legal Description Address
1. 05-29-16-00000-130-0300 2853 Sunset Point Road
No. Parcel ID Legal Description Address
1. 05-29-16-00000-130-0400 2859 Sunset Point Road
No. Parcel ID Legal Description Address
1. 05-29-16-00000-420-0100 Unaddressed Sunset Point Road
Exhibit B
ZONING MAP
Owner(s): S.E. Combined Services of Florida, LLC Case: ANX2015-07020
Site:
2853 Sunset Point Road
2859 Sunset Point Road
0 Sunset Point Road
Property
Size(Acres):
ROW (Acres):
17.541
N/A
Land Use Zoning
PIN:
05-29-16-00000-130-0300
05-29-16-00000-130-0400
05-29-16-00000-420-0100 From : I A-E
Atlas Page: 255B To: I I
LAKE
70.3
66 60
57.1 100100(S)100(S)5088140
76212
76194
B
1 2 453
89101112
78912
1011
6
5
4
3
2
1
5
6
4
7
24/03
24/04
2.4
24/10
2.78
13/01
13/02 13/03
2 1.49
13/04 13/05 13/06
1.9
14/10
6.22
24/06
1.31 24/12
24/11
24/14
60
5050
30
21092
J
J
1
2
3
7
8
9
10
11
1 2 3456 7
8
9
101112131415
16
1
2
3
4
5 6
7
8
910
11 12
31/01
5.75
14.75
42/01
42/02
25.9
41/04
2.61
41/03
41/02
2.28
4.6
AC(C)
AC
AC(C)
AC(C)
AC(C)
AC(C)
AC(C)AC(C)AC(C)
3
2
1
AC AC(C)
AC(C)
UNADDRESSED VACANT LAND
I
LMDR
LMDR
O
IRT
I
P SUNSET POINT RD CR 193 SOULE RD 286018502764 1885
27871970
29101860
2
7
7
5
18912859 29272921291529092903292829222916291027842783277829041946
1 8 3 5 28171
8
4227621819
1948
1934
277927941934
27982790
18102767 2787289127662770279019401938
1834 2853278227912775282927631818
27902930288527711827277027741826 2786-Not to Scale--Not a Survey-Rev. 07/13/15
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sunset Point Road 2853 ANX2015-07020\Maps\ANX2015-07020
Location.docx
LOCATION MAP
Owner(s): S.E. Combined Services of Florida, LLC Case: ANX2015-07020
Site:
2853 Sunset Point Road
2859 Sunset Point Road
0 Sunset Point Road
Property
Size(Acres):
ROW (Acres):
17.541
N/A
Land Use Zoning
PIN:
05-29-16-00000-130-0300
05-29-16-00000-130-0400
05-29-16-00000-420-0100 From : I A-E
Atlas Page: 255B To: I I
^^^-Not to Scale--Not a Survey-Rev. 07/13/15
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sunset Point Road 2853 ANX2015-07020\Maps\ANX2015-07020
Aerial.docx
AERIAL PHOTOGRAPH
Owner(s): S.E. Combined Services of Florida, LLC Case: ANX2015-07020
Site:
2853 Sunset Point Road
2859 Sunset Point Road
0 Sunset Point Road
Property
Size(Acres):
ROW (Acres):
17.541
N/A
Land Use Zoning
PIN:
05-29-16-00000-130-0300
05-29-16-00000-130-0400
05-29-16-00000-420-0100 From : I A-E
Atlas Page: 255B To: I I
SUNSET POINT RD SUNSET POINT RD CR 193 CR 193 SOULE RD SOULE RD SUNRISE DR SUNRISE DR
DIANE TER DIANE TER -Not to Scale--Not a Survey-Rev. 07/13/15
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sunset Point Road 2853 ANX2015-07020\Maps\ANX2015-07020
Existing Land Uses.docx
EXISTING SURROUNDING USES MAP
Owner(s): S.E. Combined Services of Florida, LLC Case: ANX2015-07020
Site:
2853 Sunset Point Road
2859 Sunset Point Road
0 Sunset Point Road
Property
Size(Acres):
ROW (Acres):
17.541
N/A
Land Use Zoning
PIN:
05-29-16-00000-130-0300
05-29-16-00000-130-0400
05-29-16-00000-420-0100 From : I A-E
Atlas Page: 255B To: I I
LAKE
70.3
66 60
57.1 100100(S)100(S)5088140
76212
76194
B
1 2 453
89101112
78912
1011
6
5
4
3
2
1
5
6
4
7
24/03
24/04
2.4
24/10
2.78
13/01
13/02 13/03
2 1.49
13/04 13/05 13/06
1.9
14/10
6.22
24/06
1.31 24/12
24/11
24/14
60
5050
30
21092
J
J
1
2
3
7
8
9
10
11
1 2 3456 7
8
9
101112131415
16
1
2
3
4
5 6
7
8
910
11 12
31/01
5.75
14.75
42/01
42/02
25.9
41/04
2.61
41/03
41/02
2.28
4.6
AC(C)
AC
AC(C)
AC(C)
AC(C)
AC(C)
AC(C)AC(C)AC(C)
3
2
1
AC AC(C)
AC(C)
UNADDRESSED VACANT LAND
SUNSET POINT RD CR 193 SOULE RD SUNRISE DR
DIANE TER 286018502764 1885
1934
27871970
29101860
2
7
7
5
18912859 29272921291529092903292829222916291027842783277829041946
1 8 3 5 28171
8
4227621819
1948
1934
2779279427982790
18102767 2787289127662770279019401938
1834 2853278227912775282927631818
27902930288527711827277027741826 2786-Not to Scale--Not a Survey-Rev. 07/13/15
Single Family Residential
Sylvan Abbey
Memorial Park
Church
Single Family
Residential
Single Family
Residential
Church
Office
Single Family
Residential
School
View looking south at the subject property,
2853 Sunset Point Road
View looking south at the subject property,
2859 Sunset Point Road
View looking southwest at the subject
property, Unaddressed Sunset Point Road
Across the street, to the north of the subject properties
ANX2015-07020
S. E. Combined Services of Florida, LLC
2853, 2859 and Unaddressed Sunset Point Road
Page 1 of 2
View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road
East of the subject properties, along Sunset Point Road West of the subject properties, along Sunset Point Road
ANX2015-07020
S. E. Combined Services of Florida, LLC
2853, 2859 and Unaddressed Sunset Point Road
Page 2 of 2
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8769-15
Agenda Date: 9/17/2015 Status: City Manager ReportVersion: 1
File Type: OrdinanceIn Control: Office of Managment & Budget
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Amend the City’s fiscal year 2014/15 Operating and Capital Improvement Budgets at third
quarter and pass Ordinances 8769-15 and 8770-15 on first reading.
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. Staff has provided a memorandum that
outlines the issues at third quarter that require amendment.
Page 1 City of Clearwater Printed on 9/17/2015
Third Quarter 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: Third Quarter Budget Review - Amended City Manager's Annual Budget Report
DATE: September 4, 2015
Attached is the Third Quarter Budget Review in accordance with the City Code of Ordinances.
The report is based on nine months of activity (October, 2014 through June, 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 revenue and expenditure amendments reflect a net increase of $2,996,989.
The major reason for the overall General Fund expenditure increase at third quarter is the budget increase of
$2,066,249 in Police and Fire for the supplemental pension plans which is offset by plan revenue.
Historically, these revenues and expenditures were reflected in a separate fund, but the Government Finance
Officers Association (GFOA) requires that the supplemental plans be reflected in the General Fund.
Amendments also reflect appropriations of General Fund reserves which total $902,020 at third quarter.
Amendments include $250,000 for the Crest Lake Park Veterans War Memorial project, $335,000 for the
Pier 60 and Beach Walk Repairs project, $75,000 for the Sailing Center Upgrade and Improvements Project
and $190,000 for the Missouri Avenue Median Beautification project, all of which were previously
approved by Council. Also recognized are amendments allocating General Fund reserves of $23,770 to
fund retirement payouts of two long term employees in the Library, and a transfer of $28,250 to the Nagano
Sister City Program to fund the Council’s trip to Nagano.
In addition, various revenues are amended at third quarter to bring the budget in line with anticipated
receipts for the year. This net revenue increase of $873,510 will offset the expenditure increase of $5,980 in
the City Manager’s Office to fund City’s share of the ICMA Management Intern and $10,000 in Official
Records and Legislative Services to fund the increased cost of legal advertising this year. Third quarter
amendments also include an increase of $6,480,352 to miscellaneous revenues to recognize the receipt of
the settlement from BP for the Deepwater Horizon oil spill. Adjusted for revenue and expenditure
amendments noted here, the net transfer to General Fund reserves is $6,435,862 at third quarter.
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.
Third Quarter Budget Review
Fiscal 2014-15
City Manager's Transmittal
With the closing of the year-end 2014 books, and the allocation to reserves noted above, estimated General
Fund reserves at third quarter are approximately $27.8 million, or 22.4% of the fiscal year 2015/16
preliminary General Fund budget, exceeding our minimum reserve requirement by $17.3 million.
Significant amendments to other City Operating Funds are noted as follows.
Gas Fund
Third quarter budget amendments to Gas Fund expenditures reflect a net decrease of $104,975.
Significant amendments include a decrease of $364,810 to commodity purchases; offset by an increase of
$18,520 to personal services; and an increase of $232,125 to fund a land purchase from CSX which was
previously approved by Council.
Solid Waste and Recycling Fund
Budget amendments to Solid Waste and Recycling Fund expenditures reflect a net decrease of $19,800 at
third quarter. Significant amendments include increases of $180,000 to Solid Waste garage charges, offset
by a decrease of $185,000 to Solid Waste Dump fees, and a decrease of $18,000 in advertising costs for
Recycling.
Parking Fund
Budget amendments to the Parking Fund reflect an increase of $1,100,000 to parking fee revenue due to
increased parking rates and the busy winter and summer seasons.
Administrative Service Fund
Budget amendments to the Administrative Services Fund reflect an increase of $15,000 to postage
expense due to increased mailings in the current year. This increase is offset by revenues recognizing
reimbursements from the user departments.
Capital Improvement Fund
Third quarter amendments to the Capital Improvement Fund reflect an increase of $1,496,000. This
increase is primarily a result of the following amendments: an increase in grant revenue from SWFWMD
in the East Gateway Improvements project for $1,000,000; increases recognizing transfers from General
Fund reserves to the Pier 60 Park & Beachwalk Repairs and Improvement project for $335,000, Missouri
Avenue Median Beautification project for $190,000, and the Sailing Center Upgrades and Improvements
project for $75,000; increases to the Crest Lake Park Veterans War Memorial Project recognizing
$250,000 from General Fund reserves and $150,000 in donation revenue; and a transfer from the Special
Development Fund recognizing $321,500 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 19.
Project activity not previously approved by the Council, includes increases representing General Fund
revenue for the new Jack Russell Demolition and Refurbishment Project for $198,000 and U.S. 19
Wayfinding Project for $50,000. At third quarter, we are recognizing the completion of the Downtown
Streetscape Phase II project and the Downtown Boat Slip projects which net a return of $1,093,756 in
Penny for Pinellas revenues back to the Special Development Fund.
Third Quarter Budget Review
Fiscal 2014-15
City Manager's Transmittal
Special Program Fund
The Special Program Fund reflects a net budget increase of $1,051,950 at third quarter. Amendments
include transfers from the General fund for $50,000 to the Strategic Direction Action Plan program to
fund the branding consultant contract and $28,250 to the Nagano Sister Cities program to fund Council’s
Nagano trip. Amendments include the recognition of almost $83,000 in grant proceeds supporting Police
programs for JAG/Taser grant, Investigative Cost Recovery and Federal Forfeiture Sharing; almost
$300,000 for the special events and sponsorships programs in the last three months; over $123,000 in
fines and court proceeds to support public safety programs and the tree replacement program; and almost
$450,000 contractual service revenue for police outside duty, School Resource Officers and Investigative
Cost Recovery.
CITY OF CLEARWATER CITY OF CLEARWATER
MID YEAR SUMMARY THIRD QUARTER SUMMARY
2014/15 2014/15
FY 14/15 Amended Third Third Third
Adopted Previous Quarter Quarter Quarter Amended
Description Budget Quarter Projected Actual Variance %Adjustment Budget
General Fund:
Revenues 117,008,550 121,593,742 93,915,468 95,641,380 1,725,912 2%2,996,989 124,590,731
Expenditures 117,008,550 121,593,742 95,011,672 90,765,587 4,246,085 4%2,996,989 124,590,731
Utility Funds:
Water & Sewer Fund
Revenues 71,989,410 72,293,720 53,572,582 53,681,365 108,783 0%- 72,293,720
Expenditures 70,406,600 70,710,910 56,006,538 51,547,969 4,458,569 8%- 70,710,910
Stormwater Fund
Revenues 17,224,640 17,850,323 13,420,609 13,865,854 445,245 3%- 17,850,323
Expenditures 17,207,410 17,595,223 14,801,504 13,765,355 1,036,149 7%- 17,595,223
Gas Fund
Revenues 42,503,420 46,885,413 33,774,543 33,812,454 37,911 0%584,500 47,469,913
Expenditures 37,515,660 39,296,483 31,212,523 29,703,829 1,508,694 5%(104,975) 39,191,508
Solid Waste and Recycling Fund
Revenues 22,795,900 25,400,595 17,002,255 17,383,375 381,120 2%300,500 25,701,095
Expenditures 22,721,790 25,136,485 19,740,360 17,941,792 1,798,568 9%(19,800) 25,116,685
Enterprise Funds:
Marine Fund
Revenues 4,704,840 4,731,395 3,384,289 3,275,079 (109,210) -3%- 4,731,395
Expenditures 4,526,360 4,562,915 3,341,463 2,907,635 433,828 13%- 4,562,915
Airpark Fund
Revenues 268,560 270,390 201,517 209,869 8,352 4%- 270,390
Expenditures 207,810 209,640 161,795 157,952 3,843 2%- 209,640
Clearwater Harbor Marina Fund
Revenues 652,500 656,460 497,384 557,447 60,063 12%- 656,460
Expenditures 554,280 558,240 425,754 380,099 45,655 11%- 558,240
Parking Fund
Revenues 4,319,810 4,457,378 3,446,950 4,722,343 1,275,393 37%1,100,000 5,557,378
Expenditures 4,246,040 4,281,230 3,337,523 3,088,676 248,847 7%- 4,281,230
Internal Service Funds:
General Services Fund
Revenues 4,453,090 4,509,200 3,339,825 3,425,234 85,409 3%- 4,509,200
Expenditures 4,386,430 4,442,540 3,383,572 3,257,513 126,059 4%- 4,442,540
Administrative Services
Revenues 10,342,220 10,459,460 7,580,671 7,548,478 (32,193) 0%15,000 10,474,460
Expenditures 10,254,800 10,372,040 8,077,167 7,476,650 600,517 7%15,000 10,387,040
Garage Fund
Revenues 14,874,540 14,932,965 11,164,896 8,734,208 (2,430,688) -22%- 14,932,965
Expenditures 14,848,020 14,906,445 11,290,061 9,082,845 2,207,216 20%- 14,906,445
Central Insurance Fund
Revenues 22,856,430 22,971,437 17,065,080 16,600,273 (464,807) -3%- 22,971,437
Expenditures 22,838,200 22,953,207 17,252,944 15,847,159 1,405,785 8%- 22,953,207
1
THIRD QUARTER REVIEW
AMENDED CITY MANAGER'S FISCAL YEAR 2014-15 REPORT
PAGE #
General Fund Operating Budget .................................................................................................................. 3
Utility Funds Operating Budget ..................................................................................................................... 9 Other Enterprise Funds Operating Budgets .............................................................................................. 13
Internal Service Funds Operating Budgets ................................................................................................ 16 Capital Improvement Program Budget ....................................................................................................... 19
Special Program Fund Budget.................................................................................................................... 29 Special Development Fund ......................................................................................................................... 34
Administrative Change Orders .................................................................................................................... 37 Ordinances .................................................................................................................................................. 38
Third quarter 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 nine months, October 1, 2014 through June 30, 2015. The adjustments, however, represent all data available at the time of the report, including
action taken by the City Council after June 30, 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.
Third Quarter Projection Monthly budgets submitted by departments are based on prior year experience and unique circumstances.
Variance Difference between Third Quarter projected and Third Quarter actual.
Variance % % of variance to Third Quarter projection.
Adjustments Adjustments that have been approved by the City Council, made at the
Manager’s discretion, and/or adjustments proposed based on Third Quarter 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 third
quarter review.
Revised Budget The previously amended project budget inclusive of amendments proposed at third quarter.
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
Ad Valorem Taxes 164,730
At third quarter,basically all property tax revenues have been
received.The budget is increased by $164,730 to reflect
actual collections for the year.
(550,000)
At third quarter,local option,fuel and other taxes revenues
exhibit a 11%negative variance primarily related to
Telecommunications Tax revenue.Revenues received to date
are 9%less than expected for the year and 3%less than the
prior year.A reduction of $550,000 is recommended to bring
the budget in line with actual receipts for the final months of
the year.
Franchise Fees
At third quarter,franchise fee revenues reflect an 11%
negative variance primarily related to the Duke Energy fee.
Revenues received to date are 6%less than expected for the
current year and 2%greater than the prior year.No
amendment is proposed due to revenues anticipated for the
final months of the year.
Other Permits and Fees 660,000
At third quarter,other permits and fees revenue reflects a
49%positive variance in building permit revenue due to
increased development in the City.An increase of $660,000 is
recommended to bring the budget in line with actual receipts
for the final months of the year.
Intergovernmental 2,344,769
At third quarter,amendments to Other Governmental
revenue reflect a net increase of $2,344,769.Amendments
include:1)an increase of $760 for reimbursements received
for work performed for Homeland Security Investigations
which offset expenditure increases in the Police Department;
2)an increase of $32,250 to Fire Tax and $233,530 to EMS
Tax to bring the budget in line with actual receipts;3)an
increase of $11,980 to recognize revenue from the City of
Largo for their portion of costs for the ICMA Management
Intern which offsets expenditure increases in the City
Manager's Office;and 4)an increase of $2,066,249 based
upon direction of the Government Finance Officer's
Association (GFOA)which believes that our state monies for
Police and Fire supplemental plans should not be received by
the plans,but instead recorded as a revenue and as an
expenditure for City employer contributions to the General
Fund budget.
City of Clearwater
General Fund Revenues
Third Quarter Amendments
FY 2014/15
Local Option, Fuel &
Other Taxes
3
Increase/
(Decrease)Description
City of Clearwater
General Fund Revenues
Third Quarter Amendments
FY 2014/15
Charges for Service 113,000
Amendments to charges for service revenue reflect a net
increase of $113,000 to bring the budget in line with
anticipated receipts.Amendments include:1)an increase of
$50,000 in fire inspection fees,2)decreases to various Parks
and Recreation revenues which total $62,000;and 3)an
increase of $125,000 to Pier 60 concession souvenirs.
(50,000)
Third quarter amendments to fines and forfeitures revenues
reflect a $50,000 decrease to court fine revenue from Pinellas
County to bring the budget in line with anticipated annual
receipts.
Miscellaneous 6,750,352
Third quarter amendments to miscellaneous revenues reflect
a net increase of $6,750,352.Amendments include:1)a net
increase of $270,000 to beach rental revenues to bring the
budget in line with anticipated receipts;and 2)an increase of
$6,480,352 representing the settlement from BP for the
Deepwater Horizon oil spill.
Third quarter amendments reflect a net surplus of
$6,435,862 to General Fund reserves.Amendments
represent the following allocations:
250,000
1)An appropriation of $250,000 from fund reserves to capital
project 315-93647,Crest Lake Park Veterans War Memorial,
as approved by Council on July 16, 2015.
335,000
2)An appropriation of $335,000 from fund reserves to capital
project 315-93633,Pier 60 and Beach Walk Repairs and
Improvements as approved by Council on August 6, 2015.
75,000
3)An appropriation of $75,000 from fund reserves to capital
project 315-93424,Sailing Center Upgrade and
Improvements, as approved by Council on August 20, 2015.
190,000
4)An appropriation of $190,000 from fund reserves to capital
project 315-93322,Missouri Avenue Median Beautification,as
approved by Council on August 20, 2015.
28,250
5)An appropriation of $28,250 from fund reserves to special
program 181-99928,Nagano Sister City Program,to fund the
Council's trip to Nagano.
Transfer (to) from Surplus
Judgments, Fines &
Forfeitures
4
Increase/
(Decrease)Description
City of Clearwater
General Fund Revenues
Third Quarter Amendments
FY 2014/15
23,770
6)An appropriation of $23,770 from retained earnings to fund
the retirement payouts of two long term Library employees.
(7,337,882)
7)A revenue surplus of $7,337,882 is being returned to
General Fund reserves at third quarter representing revenue
increases noted above less increased expenditures in the City
Manager's Office for the ICMA intern and the increase to
ORLS for increased legal advertising costs.
(6,435,862)
2,996,989
Net General Fund Revenue
Amendment
Net Transfer (to) from
Retained Earnings
5
Increase/
(Decrease)Description
17,960
Third quarter amendments to the City Manager's Office reflect
an increase of $17,960 to fund the current year cost of an ICMA
Management Intern being shared with the City of Largo and the
City of Oldsmar.This increase is offset by an amendment to
intergovernmental revenue recognizing Largo's share of the
cost and amendments increasing General Fund revenues.
1,150,830
Third quarter amendments to the Fire Department reflect an
increase of $1,150,830 for the City's contribution to the Fire
supplemental plan based upon guidance of the Government
Finance Officer's Association (GFOA)which believes that our
state monies for Police and Fire Supplemental plans should not
be received by the plans,but instead be recorded as a revenue
and an expenditure for City employer contributions in the
General Fund.This budget expenditure increase is offset by a
revenue amendment recognizing the supplemental revenue.
23,770
Third quarter amendments to Library expenditures recognize
an increase of $23,770 to personal services to fund retirement
payouts.This expenditure is offset by a revenue amendment
recognizing an allocation to General Fund Reserves.
10,000
Third quarter amendments to Official Records and Legislative
Services reflect an increase of $10,000 for Advertising cost.
This expenditure is offset by amendments increasing general
fund revenues.
Third quarter amendments to Parks &Recreation expenditures
reflect a net zero amendment transferring $198,000 in salary
savings to capital project 315-93649,Jack Russell Demolition &
Refurbishment;and $25,000 in salary savings to Capital project
315-93645, Joe DiMaggio Multi Purpose Field Renovations.
At third quarter,Planning &Development reflects a net zero
amendment transferring $50,000 of savings in Professional
Services to capital project 315-92842,U.S.19 Wayfinding to
fund the Wayfinding physical program and design consulting
contract.
City of Clearwater
General Fund Expenditures
Third Quarter Amendments
FY 2014/15
Parks & Recreation
Official Records and
Legislative Services
Fire
Library
Planning & Development
City Manager's Office
6
Increase/
(Decrease)Description
City of Clearwater
General Fund Expenditures
Third Quarter Amendments
FY 2014/15
916,179
Third quarter amendments to the Police Department reflect a
net increase of $916,179.Amendments include:1)an increase
of $760 to other changes which is offset by revenue
amendments recognizing reimbursement received from
Homeland Security Investigations;and 2)an increase of
$915,419 for the City's contribution to the Police supplemental
plan based upon guidance of the Government Finance Officer's
Association (GFOA)which believes that our state monies for
Police and Fire Supplemental plans should not be received by
the plans,but instead be recorded as a revenue and an
expenditure for City employer contributions in the General Fund.
This budget expenditure increase is offset by a revenue
amendment recognizing the supplemental revenue.
At third quarter,Public Communications reflects a net zero
amendment transferring $50,000 of savings in Professional
Services to special program 181-99860,Strategic Direction
Action Plan to fund the branding consultant contract.
Non-Departmental
The budget amendment reflects City Council approved
interfund transfers of $878,250 to capital improvement projects,
as follows:
250,000
1)A transfer of $250,000 from General Fund reserves to project
315-93647,Crest Lake Park Veterans War Memorial;as
approved by the Council on July 16, 2015.
335,000
2)A transfer of $335,000 from General Fund reserves to project
315-93633 Pier 60 and Beach Walk Repairs and Improvements
as approved by the Council on August 6, 2015.
190,000
3)A transfer of $190,000 from General Fund reserves to project
315-93322,Missouri Avenue Median Beautification as approved
by the Council on August 20, 2015.
75,000
4)A transfer of $75,000 from General Fund reserves to project
315-93424,Sailing Center Upgrades and Improvements,as
approved by the Council on August 20, 2015.
28,250
5)A transfer of $28,250 from General Fund reserves to special
program 181-99928,Nagano Sister City Program to fund the
cost of the Nagano trip.
878,250
2,996,989
Net General Fund
Expenditure Amendment
Public Communications
Police
7
2014/15 2014/15
MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance %Amendment Budget
GENERAL FUND
GENERAL FUND REVENUES
Ad Valorem Taxes 38,779,620 38,763,100 38,870,246 107,146 0%164,730 38,944,350
Utility Taxes 14,182,400 9,061,359 9,149,030 87,671 1%- 14,182,400
Local Option, Fuel & Other Taxes 7,604,780 3,728,605 3,322,018 (406,587) -11%(550,000) 7,054,780
Franchise Fees 10,090,000 6,779,164 6,067,018 (712,146) -11%- 10,090,000
Other Permits & Fees 2,220,500 1,665,369 2,480,874 815,505 49%660,000 2,880,500
Intergovernmental 19,590,820 12,987,671 14,068,853 1,081,182 8%2,344,769 21,935,589
Charges for Services 14,259,540 10,453,222 10,588,853 135,631 1%113,000 14,372,540
Judgments, Fines & Forfeitures 1,034,000 764,586 737,565 (27,021) -4%(50,000) 984,000
Miscellaneous Revenues 1,647,500 1,149,486 1,819,208 669,722 58%6,750,352 8,397,852
Transfers In 10,178,977 8,562,906 8,537,715 (25,191) 0%- 10,178,977
TOTAL REVENUES 119,588,137 93,915,468 95,641,380 1,725,912 2%9,432,851 129,020,988
Transfer (to) from Surplus 2,005,605 - - - ~(6,435,862) (4,430,257)
ADJUSTED REVENUES 121,593,742 93,915,468 95,641,380 1,725,912 2%2,996,989 124,590,731
GENERAL FUND EXPENDITURES
City Council 280,040 215,702 205,158 10,544 5%280,040
City Manager's Office 1,110,477 835,930 828,010 7,920 1%17,960 1,128,437
City Attorney's Office 1,653,821 1,238,060 1,010,196 227,864 18%1,653,821
City Auditor's Office 200,060 155,009 153,013 1,996 1%200,060
Economic Development & Housing 1,649,545 1,381,251 1,320,281 60,970 4%1,649,545
Engineering 7,665,735 5,699,927 5,604,613 95,314 2%7,665,735
Finance 2,183,290 1,714,091 1,693,119 20,972 1%2,183,290
Fire 23,989,395 18,511,414 17,734,771 776,643 4%1,150,830 25,140,225
Human Resources 1,068,780 810,863 767,531 43,332 5%1,068,780
Library 6,156,870 4,856,179 4,706,694 149,485 3%23,770 6,180,640
Marine & Aviation 912,970 705,726 688,241 17,485 2%912,970
Non-Departmental 7,380,994 6,745,190 6,807,332 (62,142) -1%878,250 8,259,244
Office of Management & Budget 313,570 240,764 181,710 59,054 25%313,570
Official Records & Legislative Svcs 1,015,675 776,070 750,541 25,529 3%10,000 1,025,675
Parks & Recreation 22,660,240 17,593,846 16,412,501 1,181,345 7%22,660,240
Planning & Development 5,035,445 3,881,723 3,658,234 223,489 6%5,035,445
Police 37,015,805 28,663,560 27,336,597 1,326,963 5%916,179 37,931,984
Public Communications 1,025,550 779,754 716,341 63,413 8%1,025,550
Public Utilities 275,480 206,613 190,705 15,908 8%275,480
TOTAL EXPENDITURES 121,593,742 95,011,672 90,765,587 4,246,085 4%2,996,989 124,590,731
For Nine Month Period of October 1, 2014 - June 30, 2015
GENERAL FUND
THIRD QUARTER REVIEW
8
Increase/
(Decrease)Description
Water & Sewer Fund
At third quarter, 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
third quarter.
Expenditures:
No amendments are proposed to Water &Sewer Fund expenditures
at third quarter.
Stormwater Fund
At third quarter, 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 third
quarter.
Expenditures:
No amendments are proposed to Stormwater Fund expenditures at
third quarter.
Gas Fund
At third quarter, anticipated revenues of the Gas Fund exceed
anticipated expenditures by $8,278,405 for fiscal year 2014/15.
Revenues:584,500
Third quarter revenue amendments in the Gas Fund reflect the
following:1)an increase of $200,000 in sales of gas;2)increases
totaling $167,000 in service charges to customers including installation
charges and appliance sales;3)an increase of $23,500 in other
revenues; and 4) an increase $194,000 in capitalized labor.
Expenditures:(104,975)
Third quarter expenditure amendments in the Gas Fund reflect the
following:1)increases in personal services totaling $18,520;2)other
operating decreases which net $364,810 primarily due to decreases in
gas commodity purchases;3)amendments to various codes which net
an increase of $9,190 to bring the budget in line with actual
expenditures;and 4)an increase of $232,125 for land purchased from
CSX as approved by the Council on September 3,2015.
City of Clearwater
Utility Funds
Third Quarter Amendments
FY 2014/15
9
Increase/
(Decrease)Description
City of Clearwater
Utility Funds
Third Quarter Amendments
FY 2014/15
Solid Waste and Recycling Fund
At third quarter, anticipated revenues of the Solid Waste and
Recycling Fund exceed anticipated expenditures by $584,410 for
fiscal year 2014/15.
Revenues:300,500
Third quarter revenue amendments in the Solid Waste and Recycling
Fund reflect a net increase of $300,500.Amendments include:1)an
increase of $320,000 in Solid Waste Collection fees;2)a decrease of
$1,500 franchise fees;3)a net decrease of $5,000 in Recycling fees;
and 4) a net decrease of $13,000 in sales of recyclables.
Expenditures:(19,800)
Third quarter expenditure amendments in the Solid Waste and
Recycling Fund reflect a net decrease of $19,800.Amendments
include:1)an increase of $180,000 in Solid Waste garage charges
due to increased repair and maintenance of department vehicles;2)a
decrease of $185,000 in Solid Waste dump fees;3)an increase of
$3,200 in advertising for Solid Waste;and 4)a decrease of $18,000 in
advertising for Recycling.
10
2014/15 2014/15
MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance %Amendment Budget
WATER & SEWER FUND
Water & Sewer Fund Revenues
Charges for Service 70,472,170 52,854,129 52,822,769 (31,360) 0%- 70,472,170
Judgments, Fines and Forfeits 271,000 203,247 175,338 (27,909) -14%- 271,000
Miscellaneous 1,246,240 515,206 683,258 168,052 33%- 1,246,240
Transfers In - - - - ~- -
Fund Equity 304,310 - - - ~- 304,310
Total Revenues 72,293,720 53,572,582 53,681,365 108,783 0%- 72,293,720
Water & Sewer Fund Expenditures
Public Utilities Administration 1,067,385 806,112 709,093 97,019 12%- 1,067,385
Wastewater Collection 7,404,490 5,993,565 5,710,074 283,491 5%- 7,404,490
Public Utilities Maintenance 3,973,290 3,052,114 2,719,494 332,620 11%- 3,973,290
WPC / Plant Operations 16,418,945 13,438,948 11,060,224 2,378,724 18%- 16,418,945
WPC / Laboratory Operations 1,315,395 997,039 913,491 83,548 8%- 1,315,395
WPC / Industrial Pretreatment 853,520 650,696 530,660 120,036 18%- 853,520
Water Distribution 12,629,960 10,724,761 10,199,587 525,174 5%- 12,629,960
Water Supply 10,743,535 8,087,645 8,921,547 (833,902) -10%- 10,743,535
Reclaimed Water 2,390,860 1,820,509 1,599,300 221,209 12%- 2,390,860
Non-Departmental 13,913,530 10,435,149 9,184,499 1,250,650 12%- 13,913,530
Total Expenditures 70,710,910 56,006,538 51,547,969 4,458,569 8%- 70,710,910
STORMWATER FUND
Stormwater Utility Revenues
Charges for Service 16,942,940 12,707,208 12,981,224 274,016 2%- 16,942,940
Judgments, Fines and Forfeits 50,000 37,503 57,763 20,260 54%- 50,000
Miscellaneous 231,700 136,725 287,694 150,969 110%- 231,700
Transfers In 539,173 539,173 539,173 - 0%- 539,173
Fund Equity 86,510 - - - ~- 86,510
Total Revenues 17,850,323 13,420,609 13,865,854 445,245 3%- 17,850,323
Stormwater Utility Expenditures
Stormwater Management 11,000,253 9,794,330 9,206,022 588,308 6%- 11,000,253
Stormwater Maintenance 6,594,970 5,007,174 4,559,334 447,840 9%- 6,594,970
Total Expenditures 17,595,223 14,801,504 13,765,355 1,036,149 7%- 17,595,223
GAS FUND
Gas Fund Revenues
Charges for Service 41,931,020 33,082,396 33,085,121 2,725 0%561,000 42,492,020
Judgments, Fines and Forfeits 150,000 112,500 117,342 4,842 4%- 150,000
Miscellaneous 660,500 539,647 569,991 30,344 6%23,500 684,000
Transfers In 40,000 40,000 40,000 - 0%- 40,000
Fund Equity 4,103,893 - - - ~- 4,103,893
Total Revenues 46,885,413 33,774,543 33,812,454 37,911 0%584,500 47,469,913
Gas Fund Expenditures
Administration & Supply 24,447,484 18,747,822 17,731,506 1,016,316 5%(296,235) 24,151,249
South Area Gas Operations 7,758,965 6,538,902 6,355,135 183,767 3%49,760 7,808,725
North Area Gas Operations 2,918,880 2,423,800 2,119,563 304,237 13%19,300 2,938,180
Marketing & Sales 4,171,154 3,501,999 3,497,625 4,374 0%122,200 4,293,354
Total Expenditures 39,296,483 31,212,523 29,703,829 1,508,694 5%(104,975) 39,191,508
For the Nine Month Period of October 1, 2014 to June 30, 2015
UTILITY FUNDS
THIRD QUARTER REVIEW
11
2014/15 2014/15
MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance %Amendment Budget
For the Nine Month Period of October 1, 2014 to June 30, 2015
UTILITY FUNDS
THIRD QUARTER REVIEW
SOLID WASTE AND RECYCLING FUND
Solid Waste Revenues
Other Permits and Fees 1,000 747 1,130 383 51%- 1,000
Charges for Service 19,311,000 14,543,250 14,844,408 301,158 2%318,500 19,629,500
Judgments, Fines and Forfeits 85,100 63,819 65,754 1,935 3%- 85,100
Miscellaneous 664,000 512,903 597,685 84,782 17%- 664,000
Transfers In - - - - ~- -
Solid Waste Revenues 20,061,100 15,120,719 15,508,977 388,258 3%318,500 20,379,600
Recycling Revenues
Other Permits and Fees 300 225 173 (52) -23%- 300
Intergovernmental - - - - ~- -
Charges for Service 2,117,080 1,597,060 1,596,456 (604) 0%(5,000) 2,112,080
Judgments, Fines and Forfeits 7,700 5,778 6,209 431 7%- 7,700
Miscellaneous 376,750 278,473 271,560 (6,913) -2%(13,000) 363,750
Transfers In - - - - ~- -
Recycling Revenues 2,501,830 1,881,536 1,874,398 (7,138) 0%(18,000) 2,483,830
Fund Equity 2,837,665 - - - ~- 2,837,665
Total Revenues 25,400,595 17,002,255 17,383,375 381,120 2%300,500 25,701,095
Solid Waste Expenditures
Collection 16,431,415 12,586,741 11,423,362 1,163,379 9%(1,800) 16,429,615
Transfer 2,641,720 2,278,413 2,099,171 179,242 8%- 2,641,720
Container Maintenance 863,800 661,034 611,517 49,517 7%- 863,800
Administration 1,079,840 817,946 780,091 37,855 5%- 1,079,840
Solid Waste Expenditures 21,016,775 16,344,134 14,914,139 1,429,995 9%(1,800) 21,014,975
Recycling Expenditures
Residential 2,225,050 1,936,408 1,848,868 87,540 5%(18,000) 2,207,050
Multi-Family 427,330 325,523 253,678 71,845 22%- 427,330
Commercial 1,467,330 1,134,295 925,107 209,188 18%- 1,467,330
Recycling Expenditures 4,119,710 3,396,226 3,027,653 368,573 11%(18,000) 4,101,710
Total Expenditures 25,136,485 19,740,360 17,941,792 1,798,568 9%(19,800) 25,116,685
12
Increase/
(Decrease)Description
Marine Fund
Anticipated revenues of the Marine Fund exceed anticipated
expenditures by $168,480 at third quarter fiscal year 2014/15.
Revenues:
No amendments are proposed to Marine Fund revenues at third
quarter.
Expenditures:
No amendments are proposed to Marine Fund expenditures at third
quarter.
Clearwater Harbor Marina Fund
Anticipated revenues of the Clearwater Harbor Marina Fund exceed
anticipated expenditures by $98,220 at third quarter fiscal year
2014/15.
Revenues:
No amendments are proposed to Clearwater Harbor Marina Fund
revenues at third quarter.
Expenditures:
No amendments are proposed to Clearwater Harbor Marina Fund
expenditures at third quarter.
Airpark Fund
Anticipated revenues of the Airpark Fund exceed anticipated
expenditures by $60,750 at third quarter fiscal year 2014/15.
Revenues:
No amendments are proposed to Airpark Fund revenues at third
quarter.
Expenditures:
No amendments are proposed to Airpark Fund expenditures at third
quarter.
Parking Fund
At third quarter, anticipated revenues of the Parking Fund exceed
anticipated expenditures by $1,276,148 for fiscal year 2014/15.
Revenues:1,100,000
At third quarter,Parking Fund revenues reflect a 37%positive
variance.This variance is primarily due to increased parking rates,
and the busy winter and summer season.Amendments include an
increase of $1,100,000 to parking fees to bring the budget in line with
anticipated receipts.
Expenditures:
No amendments are proposed to Parking Fund expenditures at third
quarter.
FY 2014/15
City of Clearwater
Other Enterprise Funds
Third Quarter Amendments
13
2014/15 2014/15
MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance %Amendment Budget
MARINE FUND
MARINE FUND REVENUES
Intergovernmental - - 1,490 1,490 ~- -
Charges for Service 4,666,840 3,355,842 3,232,061 (123,781) -4%- 4,666,840
Judgments, Fines and Forfeits 1,000 747 1,720 973 130%- 1,000
Miscellaneous Revenue 37,000 27,700 39,808 12,108 44%- 37,000
Transfers In - - - - ~- -
Fund Equity 26,555 - - - ~- 26,555
TOTAL REVENUES 4,731,395 3,384,289 3,275,079 (109,210) -3%- 4,731,395
MARINE FUND EXPENDITURES
Marina Operations 4,562,915 3,341,463 2,907,635 433,828 13%- 4,562,915
TOTAL EXPENDITURES 4,562,915 3,341,463 2,907,635 433,828 13%- 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 595,000 441,856 494,159 52,303 12%- 595,000
Judgments, Fines and Forfeits 1,500 1,125 570 (555) -49%- 1,500
Miscellaneous Revenue 6,000 4,403 12,718 8,315 189%- 6,000
Transfers In - - - - ~- -
Fund Equity 3,960 - - - ~- 3,960
TOTAL REVENUES 656,460 497,384 557,447 60,063 12%- 656,460
CLEARWATER HARBOR MARINA FUND EXPENDITURES
Clearwater Harbor Marina Operations 558,240 425,754 380,099 45,655 11%- 558,240
TOTAL EXPENDITURES 558,240 425,754 380,099 45,655 11%- 558,240
AIRPARK FUND
AIRPARK FUND REVENUES
Charges for Service 7,000 5,247 12,227 6,980 133%- 7,000
Miscellaneous Revenue 261,560 196,270 197,642 1,372 1%- 261,560
Transfers In - - - - ~- -
Fund Equity 1,830 - - - ~- 1,830
TOTAL REVENUES 270,390 201,517 209,869 8,352 4%- 270,390
~
AIRPARK FUND EXPENDITURES ~
Airpark Operations 209,640 161,795 157,952 3,843 2%- 209,640
TOTAL EXPENDITURES 209,640 161,795 157,952 3,843 2%- 209,640
For The Nine Month Period of October 1, 2014 - June 30, 2015
ENTERPRISE FUNDS
THIRD QUARTER REVIEW
14
2014/15 2014/15
MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance %Amendment Budget
For The Nine Month Period of October 1, 2014 - June 30, 2015
ENTERPRISE FUNDS
THIRD QUARTER REVIEW
PARKING FUND
PARKING FUND REVENUES
Charges for Service 3,043,910 2,365,000 3,679,016 1,314,016 56%1,100,000 4,143,910
Judgments, Fines and Forfeits 600,000 461,300 525,750 64,450 14%- 600,000
Miscellaneous Revenue 778,278 620,650 517,577 (103,073) -17%- 778,278
Transfers In - - - - ~- -
Fund Equity 35,190 - - - ~- 35,190
TOTAL REVENUES 4,457,378 3,446,950 4,722,343 1,275,393 37%1,100,000 5,557,378
PARKING FUND EXPENDITURES
Engineering / Parking System 3,049,130 2,430,387 2,261,346 169,041 7%- 3,049,130
Engineering / Parking Enforcement 614,690 431,724 371,020 60,704 14%- 614,690
Parks & Rec / Beach Guards 617,410 475,412 456,310 19,102 4%- 617,410
TOTAL EXPENDITURES 4,281,230 3,337,523 3,088,676 248,847 7%- 4,281,230
15
Increase/
(Decrease)Description
General Services
At third quarter, 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
third quarter.
Expenditures:
No amendments are proposed to General Services Fund expenditures at
third quarter.
Administrative Services
At third quarter, anticipated revenues of the Administrative Services Fund
exceed anticipated expenditures by $87,420 for fiscal year 2014/15.
Revenues:15,000
At third quarter,amendments reflect an increase of $15,000 in postal
service charges due to increased mailings.
Expenditures:15,000
At third quarter,amendments to the Courier Service reflect an increase
of $15,000 to postage.This increase is offset by increased revenues
recognizing postal service charge reimbursements from the user
departments.
Garage Fund
At third quarter, anticipated revenues of the Garage Fund exceed
anticipated expenditures by $26,520 for fiscal year 2014/15.
Revenues:
Third quarter revenues in the Garage fund reflect a 22%negative
variance due the timing of posting of June's garage service charges.No
amendments are proposed.
Expenditures:
No amendments are proposed to Garage Fund expenditures at third
quarter.
Central Insurance
At third quarter, 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
third quarter.
Expenditures:
No amendments are proposed to Central Insurance Fund expenditures
at third quarter.
City of Clearwater
Internal Service Funds
Third Quarter Amendments
FY 2014/15
16
2014/15 2014/15
MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance %Amendment Budget
GENERAL SERVICES FUND
GENERAL SERVICES FUND REVENUES
Charges for Service 4,433,090 3,324,825 3,400,984 76,159 2%- 4,433,090
Miscellaneous Revenues 20,000 15,000 24,250 9,250 62%- 20,000
Transfers In - - - - ~- -
Fund Equity 56,110 - - - ~- 56,110
TOTAL REVENUES 4,509,200 3,339,825 3,425,234 85,409 3%- 4,509,200
GENERAL SERVICES FUND EXPENDITURES
Administration 484,210 370,941 348,717 22,224 6%- 484,210
Building & Maintenance 3,958,330 3,012,631 2,908,797 103,834 3%- 3,958,330
TOTAL EXPENDITURES 4,442,540 3,383,572 3,257,513 126,059 4%- 4,442,540
ADMINISTRATIVE SERVICES FUND
ADMINISTRATIVE SERVICES REVENUE
Charges for Service 10,002,220 7,501,671 7,441,107 (60,564) -1%15,000 10,017,220
Miscellaneous Revenues 105,000 79,000 107,371 28,371 36%- 105,000
Transfers In - - - - ~- -
Fund Equity 352,240 - - - ~- 352,240
TOTAL REVENUES 10,459,460 7,580,671 7,548,478 (32,193) 0%15,000 10,474,460
ADMINISTRATIVE SERVICES EXPENDITURES
Information Technology / Admin 393,510 302,129 238,231 63,898 21%- 393,510
Information Tech / Network Svcs 2,668,165 2,069,768 1,845,467 224,301 11%- 2,668,165
Info Tech / Software Applications 2,859,645 2,291,828 2,183,379 108,449 5%- 2,859,645
Info Tech / Telecommunications 809,570 609,228 597,115 12,113 2%- 809,570
Public Comm / Courier 153,430 115,045 100,696 14,349 12%15,000 168,430
Clearwater Customer Service 3,487,720 2,689,169 2,511,762 177,407 7%- 3,487,720
TOTAL EXPENDITURES 10,372,040 8,077,167 7,476,650 600,517 7%15,000 10,387,040
GARAGE FUND
GARAGE FUND REVENUES
Charges for Service 14,464,540 10,848,402 8,093,225 (2,755,177) -25%- 14,464,540
Miscellaneous Revenues 410,000 316,494 640,983 324,489 103%- 410,000
Transfers In - - - - ~- -
Fund Equity 58,425 - - - ~- 58,425
TOTAL REVENUES 14,932,965 11,164,896 8,734,208 (2,430,688) -22%- 14,932,965
Garage Fund Expenditures
Fleet Maintenance 9,518,285 7,247,899 6,482,451 765,448 11%- 9,518,285
Fleet Maintenance Vehicle Replacement 4,663,880 3,497,913 2,254,012 1,243,901 36%- 4,663,880
Radio Communications 724,280 544,249 346,382 197,867 36%- 724,280
TOTAL EXPENDITURES 14,906,445 11,290,061 9,082,845 2,207,216 20%- 14,906,445
For The Nine Month Period of October 1, 2014 - June 30, 2015
INTERNAL SERVICE FUNDS
THIRD QUARTER REVIEW
17
2014/15 2014/15
MY Amended Third Qtr.Third Qtr.Budget Proposed 3 Qtr Amended
Budget Projection Actual Variance %Amendment Budget
For The Nine Month Period of October 1, 2014 - June 30, 2015
INTERNAL SERVICE FUNDS
THIRD QUARTER REVIEW
CENTRAL INSURANCE FUND
CENTRAL INSURANCE FUND REVENUES
Charges for Service 22,049,200 16,536,906 16,190,812 (346,094) -2%- 22,049,200
Miscellaneous Revenues 807,230 528,174 409,461 (118,713) -22%- 807,230
Transfers In - - - - ~- -
Fund Equity 115,007 - - - ~- 115,007
TOTAL REVENUES 22,971,437 17,065,080 16,600,273 (464,807) -3%- 22,971,437
CENTRAL INSURANCE FUND EXPENDITURES
Finance / Risk Management 433,750 331,534 315,923 15,611 5%- 433,750
Human Resources / Employee Benefits 361,240 276,761 307,468 (30,707) -11%- 361,240
Human Resources / Employee Health Clinic 1,782,790 1,337,094 1,192,876 144,218 11%- 1,782,790
Non-Departmental 20,375,427 15,307,555 14,030,891 1,276,664 8%- 20,375,427
TOTAL EXPENDITURES 22,953,207 17,252,944 15,847,159 1,405,785 8%- 22,953,207
18
Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Third Quarter Summary
FY 2014/15
19
The amended 2014/15 Capital Improvement Program budget report is submitted for the City Council's third quarter
review. The net proposed amendment is a budget increase in the amount of $1,496,000. 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:
Downtown Streetscape Phase II – To record a budget decrease in the amount of $702,938 of Infrastructure Sales
Tax (Penny for Pinellas) and return the funds back to the Special Development Fund. Project is complete and will
be closed.
Downtown Boat Slips – To record a budget decrease in the amount of $390,818 of Infrastructure Sales Tax
(Penny for Pinellas) and return the funds back to the Special Development Fund. Project is complete and will be
closed.
Jack Russell Demolition and Refurbishments – To establish the project and record a budget increase in the
amount of $198,000 of General Fund revenue. The funding will provide for the replacement of the scoreboard and
ADA improvements.
U.S. 19 Wayfinding Project – To establish the project and record a budget increase in the amount of $50,000 of
General Fund Reserves revenue. The funding will provide for the initial study for the development of “Wayfinding
Signage” in the U.S. Highway 19 corridor.
All significant budget increases that have been previously approved by the City Council are listed below:
Project Council
Budget Increase Approval
East Gateway Improvements 1,000,000 02/19/15
Crest Lake Park Veterans War Memorial 400,000 07/16/15
Pier 60 Park & Beachwalk Repairs and Improvements 335,000 08/06/15
Park Land Acquisition 321,500 07/16/15
Missouri Avenue Median Beautification 190,000 08/20/15
Sailing Center Upgrades and Improvements 75,000 08/20/15
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
Downtown Streetscape Phase II - CLOSE PROJECT
1 315-92275 (663,048)
To record a budget decrease in the amount of $663,047.55 of
Infrastructure Sales Tax (Penny for Pinellas)revenue and return
the funds back to the Special Development Fund.This project
is complete and will be closed.
325-92275 (39,890)
To record a budget decrease in the amount of $39,890.00 of
Infrastructure Sales Tax (Penny for Pinellas)revenue and return
the funds back to the Special Development Fund.This project
is complete and will be closed.(702,938)
U.S. 19 Wayfinding Project - NEW PROJECT
2 315-92842 50,000
To establish the project and record a budget increase in the
amount of $50,000.00 of General Fund Reserve revenue.The
funding will provide for the initial study for the development of"Wayfinding Signage" in the U.S. Highway 19 corridor.50,000
Park Land Acquisition
3 315-93133 321,500
To record a budget increase in the amount of $321,500.00 of
Recreation Land Impact Fees from the Special Development
Fund for the purchase of real property located at 501 McMullen
Booth Road.This was approved by the City Council on July 16,
2015.321,500
Missouri Avenue Median Beautification - NEW PROJECT
4 315-93322 190,000
To establish the project and record a budget increase in the
amount of $190,000.00 of General Fund Reserves revenue.
The funding is the City's fifty percent match for an FDOT grant.
This was approved by the City Council on August 20, 2015.190,000
Downtown Boat Slips - CLOSE PROJECT
5 315-93405 (390,818)
To record a budget decrease in the amount of $390,818.43 of
Infrastructure Sales Tax (Penny for Pinellas)revenue and return
the funds back to the Special Development Fund.This project
is complete and will be closed.(390,818)
Sailing Center Upgrades and Improvements -NEW
PROJECT
6 315-93424 75,000
To establish the project and record a budget increase in the
amount of $75,000.00 of General Fund Reserves.This was
approved by City Council on August 20, 2015.75,000
Pier 60 Park & Beachwalk Repairs and Improvements
7 315-93633 335,000
To record a budget increase in the amount of $335,000.00 of
General Fund reserves.This was approved by the City Council
on August 6, 2015.335,000
Joe DiMaggio Multipurpose Field Renovations
8 315-93645 25,000
To record a budget increase in the amount of $25,000.00 of
General Fund revenue.The General Fund revenue will be a
replacement for the donation that will not be received from the
Convention & Visitors Bureau.
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2014/15
20 * indicates budget amendment only
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2014/15
Joe DiMaggio Multipurpose Field Renovations - continued
315-93645 (25,000) *
To record a budget decrease in the amount of $25,000.00 of
Donation revenues.The donation from the Convention &
Visitors Bureau (CVB) will not be received.0
Crest Lake Park Veterans War Memorial - NEW PROJECT
9 315-93647 150,000 *
To establish the project and record a budget increase in the
amount of $150,000.00 of Donations revenue,received from the
Tampa Bay Veterans Alliance.This will bring budgeted
revenues in line with actual cash receipts.This was approved by
the City Council on July 16, 2015.
315-93647 250,000
To record a budget increase in the amount of $250,000 of
General Fund Reserves.This was approved by the City Councilon July 16, 2015.400,000
Jack Russell Demolition and Refurbishments -NEW
PROJECT
10 315-93649 198,000
To establish the project and record a budget increase in the
amount of $198,000.00 of General Fund revenue.The funding
will provide for the replacement of the scoreboard and ADA
improvements. 198,000
Alligator Creek Watershed Projects
11 315-96173 (1,000,000)
To record a budget transfer in the amount of $1,000,000.00 of
Stormwater Revenue to project 315-96188,East Gateway
Improvements.The funding will provide the City's funding match
for the SWFWMD grant.This was approved by the City Council
on February 19, 2015.(1,000,000)
Jeffords Street Outfall
12 315-96177 157,958
To record a budget transfer in the amount of $157,958.21 of
Stormwater Revenue from project 315-96185,Woodlawn
Terrace Floodplain Storage.The Woodlawn project is complete
and will be closed.157,958
Woodlawn Terrace Floodplain Storage - CLOSE PROJECT
13 315-96185 (157,958)
To record a budget transfer in the amount of $157,958.21 of
Stormwater Revenue to project 315-96177,Jeffords Street
Outfall. This project is complete and will be closed.(157,958)
East Gateway Improvements
14 315-96188 1,000,000 *
To record a budget increase in the amount of $1,000,000.00 of
Grant Revenue,from the Southwest Florida Water Management
District.This was approved by the City Council on February 19,
2015.
21 * indicates budget amendment only
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2014/15
East Gateway Improvements - continued
315-96188 1,000,000
To record a budget transfer in the amount of $1,000,000.00 of
Stormwater Revenue from project 315-96173,Alligator Creek
Watershed Projects.The funding will provide the City's funding
match for the SWFWMD grant.This was approved by the City
Council on February 19, 2015.2,000,000
Line Relocation Pinellas- Capitalize
15 315-96374 3,092 *
To record a budget increase in the amount of $3,092.00 of
Other Refunds revenue,received from Florida Gas Contractors,
Inc.This will bring budgeted revenues in line with actual cash
receipts.3,092
Pinellas New Mains-Service Line
16 315-96377 17,164 *
To record a budget increase in the amount of $17,164.27 of
Property Owners Share revenue.This will bring budgeted
revenues in line with actual cash receipts.17,164
Pasco New Mains-Service Line
17 315-96378 (400,000)
To record a budget transfer in the amount of $400,000.00 of
Gas Fund revenue to project 315-96386,Expanded Energy
Conservation.The funding is required due to the increase
construction needed in the project.(400,000)
Expanded Energy Conservation
18 315-96386 400,000
To record a budget transfer in the amount of $400,000.00 of
Gas Fund revenue from project 315-96378,Pasco New Mains-
Service Lines.The funding is required due to the increase
construction needed in the project.400,000
Public Utilities Admin Building R&R
19 327-96523 150,000
To record a budget transfer in the amount of $150,000.00 of
Utility R&R revenue from project 327-96743,Meter/Backflow
Replacement/Change Out.The funding will provide for a portion
of the cost for field mobility software in the integration of the
City's geographic information systems and asset management
software systems.150,000
Sanitary Sewer Extension
20 315-96630 800,000
To record a budget transfer in the amount of $800,000.00 of
Sewer Revenue from project 315-96665,Sanitary Sewer R &R.
This was approved by the City Council on May 21, 2015.800,000
Sanitary Sewer R & R
21 315-96665 (800,000)
To record a budget transfer in the amount of $800,000.00 of
Sewer Revenue to project 315-96630,Sanitary Sewer
Extension.This was approved by the City Council on May 21,
2015.(800,000)
22 * indicates budget amendment only
Increase/
Amdmt Project (Decrease)Transfer Net Budget
#Number Amount Amount Description Amendment
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 2014/15
Meter/Backflow Replacement/ Change Out.
22 327-96743 (150,000)
To record a budget transfer in the amount of $150,000.00 of
Utility R&R revenue to project 327-96523,Public Utilities Admin
Building R&R.The funding will provide for a portion of the cost
for field mobility software in the integration of the City's
geographic information systems and asset management
software systems.(150,000)
TOTALS 1,496,000 - 1,496,000
23 * indicates budget amendment only
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2014 to June 30, 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 3,750 21,500 1,674,75091151Police Property / Evidence Storage 75,000 75,000 75,000 17,948 39,277 17,776
1,775,000 1,775,000 - 1,775,000 21,698 60,777 1,692,526
Fire Protection
91218 Fire Engine Replacement 1,598,746 1,598,746 1,598,746 1,556,349 16,202 26,195
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 1,856,400 847,907 1,008,493
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 11,628,757 11,628,757 10,455,239 626,614 546,904
91257 AED Program 121,960 121,960 121,960 119,400 2,56091258Ladder Truck Equipment 150,000 147,967 147,967 147,967 0 C91259Radio 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 1,043,204 240,486
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 235,810 235,810 235,810 177,646 9,106 49,059
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 C91268Countryside Fire Station 3,697,910 3,697,910 3,697,910 37,886 182,354 3,477,670
Sub-Total 24,721,150 24,724,993 - 24,724,993 17,681,967 1,012,786 6,030,240
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 1,332,413 3,563,112 1,774,62692275Downtown Streetscape- Phase II 3,745,839 3,745,839 (702,938)3,042,901 3,042,901 (0)192276Traffic Calming Program 5,928,635 5,928,635 5,928,635 2,775,182 424,327 2,729,126
92277 Streets and Sidewalks 9,849,057 9,849,057 9,849,057 4,953,930 378,497 4,516,630
Sub-Total 26,193,681 26,193,681 (702,938) 25,490,743 12,104,425 4,365,936 9,020,382
Sidewalks and Bike Trail
92339 New Sidewalks 1,247,471 1,247,471 1,247,471 648,352 14,011 585,108
Sub-Total 1,247,471 1,247,471 - 1,247,471 648,352 14,011 585,108
Intersections
92559 City-Wide Intersection Improvement 799,056 799,056 799,056 1,921 28,109 769,026
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 37,784 3,470,189
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 330,000 330,000 330,000 201,843 100 128,057
92652 Parking Lot Resurfacing 954,633 954,633 954,633 267,910 88,311 598,412
92653 Parking Garage Structure Repair 622,603 622,603 622,603 199,684 48,612 374,307
92654 Parking Lot Improvement 830,357 830,357 830,357 101,460 3,000 725,897
92655 Clwtr Bch Sand Dune Mitigation 80,000 80,000 80,000 54,848 14,964 10,188
Sub-Total 12,217,593 12,217,593 - 12,217,593 925,744 154,987 11,136,862
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 76,680 5,985 110,731
92842 U.S. 19 Wayfinding Project 0 0 50,000 50,000 0 0 50,000 292844Centennial Monument 0 650,000 650,000 314,390 262,132 73,478
Sub-Total 3,314,474 3,964,474 50,000 4,014,474 2,969,501 268,117 776,856
24
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2014 to June 30, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Land Acquisition
93133 Park Land Acquisition 0 522,000 321,500 843,500 395,484 24,030 423,986 3
Sub-Total - 522,000 321,500 843,500 395,484 24,030 423,986
Park Development
93203 Carpenter Field-Infras Rep/Improve 419,380 419,380 419,380 353,044 66,33693205Brighthouse Field Infrastructure Imp 1,015,345 1,015,345 1,015,345 974,509 5,305 35,531
93247 Fitness Equipment Replacement 255,000 255,000 255,000 199,688 48,159 7,153
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 671,573 671,573 671,573 567,831 7,850 95,892
93272 Bicycle Paths-Bridges 3,353,896 3,599,196 3,599,196 2,436,420 880,536 282,239
93273 Restrooms on Clearwater Beach 923,000 909,118 909,118 909,118 0 C93277Harborview Infra Repair/Improve 635,451 635,451 635,451 503,011 132,44193278Long 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
93322 Missouri Ave Median Beautification 0 0 190,000 190,000 0 190,000 4
93602 Sp Events Equip Rep & Rplcmnt 235,000 235,000 235,000 211,448 23,552
93604 Brdwlks & Docks Rep & Rplcmnt 417,000 417,000 417,000 257,903 159,097
93608 Miscellaneous Minor Public Art 253,061 253,061 253,061 145,670 1,454 105,937
93612 McMullen Tennis Complex 400,000 400,000 400,000 6,691 393,30993618Miscellaneous Park & Rec Contract 170,000 170,000 170,000 155,899 13,660 441
93623 Capitol Theatre 8,305,936 8,305,936 8,305,936 8,030,107 275,829
93624 Pier 60 Park Repairs and Improvements 510,000 523,882 523,882 165,673 161,284 196,925
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 3,294,618 3,294,618 3,294,618 0 C
93631 Phillip Jones Park Renovations 1,097,490 1,097,490 1,097,490 863,641 261 233,588
93633 Pier 60 Park Repairs and Improvements 160,000 160,000 335,000 495,000 134,002 19,120 341,878 7
93634 Concrete Sidewalk & Pad Repair 163,176 163,176 163,176 57,639 105,537
93635 Park Amenity Purch & Rplcmnt 182,800 182,800 182,800 118,235 21,678 42,888
93636 Tennis Court Resurfacing 105,310 105,310 105,310 70,714 3,960 30,636
93637 Playground & Fitness Purch & Rplc 337,079 337,079 337,079 202,051 11,166 123,862
93638 Fencing Replacement Program 204,664 204,664 204,664 86,449 17,902 100,313
93639 Marina Dist Boardwalk & Entry Node 606,510 606,510 606,510 101,961 48,644 455,905
93640 Bright House Repairs 701,272 1,477,486 1,477,486 1,026,808 255,584 195,093
93642 Phillip-Jones Restroom/Concession 220,000 220,000 220,000 23,394 90,873 105,732
93643 John Deere Utility Tractor 40,000 40,000 40,000 40,000 0
93644 Joe DiMaggio Press Box Storage 400,000 400,000 400,000 218,124 181,664 212
93645 Joe DiMaggio Multi Field Reno 0 148,000 0 148,000 124,383 15,837 7,780 8
93646 Rest Rm Expan-Barefoot Bch House 0 301,000 301,000 2,769 128,672 169,559
93647 Crest Lk Pk Veterens War Memorial 0 0 400,000 400,000 0 9,000 391,000 9
93649 Jack Russell Demo & Refurbish 0 0 198,000 198,000 0 0 198,000 10
Sub-Total 30,924,226 32,391,212 1,123,000 33,514,212 23,416,957 1,935,110 8,162,146
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 (390,818)12,302,952 12,300,152 2,800 (0)5
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 1,581,000 761,026 236,187 583,786
93415 Waterway Maintenance 260,000 260,000 260,000 45,647 214,35393417Pier 60 Refurbishment 600,000 600,000 600,000 597,859 2,14193418Utilities Services Replacement 137,714 137,714 137,714 95,091 42,623
93419 Dock Replacement & Repair 81,727 81,727 81,727 48,055 8,890 24,782
93420 Fuel System R & R 57,752 57,752 57,752 22,422 35,330
93421 Marine Facilities Dredging & Maint 68,715 68,715 68,715 61,630 3,228 3,857
93422 Dredging of City Waterways 246,204 246,204 246,204 63,129 49,720 133,355
93424 Sailing Ctr Upgrades & Improvement 0 0 75,000 75,000 0 0 75,000 6
93495 Dock Construction 24,858 24,858 24,858 24,858 (0)93497 Docks & Seawalls 1,186,085 1,186,085 1,186,085 552,272 633,81393499Pier 60/Sailing Center Maint 261,952 261,952 261,952 229,598 3,644 28,710
Sub-Total 17,414,777 17,414,777 (315,818) 17,098,959 14,957,033 304,469 1,837,458
25
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2014 to June 30, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Airpark
94817 Airpark Maint & Repair 149,000 149,000 149,000 136,465 12,535
94871 Airpark Run/Taxi Exten & Rehab 2,000,000 2,000,000 2,000,000 1,993,906 5,174 920
94881 Airpark Hangar Rehabilitation 200,000 200,000 200,000 188,420 11,580
94882 Rehabilitation of Hanger "D"500,000 625,000 625,000 58,284 535,876 30,840
Sub-Total 2,849,000 2,974,000 - 2,974,000 2,377,075 541,051 55,874
Libraries
93527 Books & Other Lib Mat - II 7,796,601 7,796,601 7,796,601 7,308,652 6,426 481,523
93528 Countryside Library Renovation 7,102,668 7,476,586 7,476,586 5,405,866 1,963,106 107,615
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 21,653,187 - 21,653,187 12,792,256 1,969,532 6,891,399
Garage
94233 Motorized Equip-Cash II 1,370,656 1,370,656 1,370,656 1,174,074 73,392 123,190
94238 Police Vehicles 1,600,001 1,600,001 1,600,001 1,394,258 205,743
94241 Motorized Equipment Replace - L/P 19,126,392 19,126,392 19,126,392 10,705,155 4,052,965 4,368,272
94242 Overhead Crane 48,000 48,000 48,000 48,000 0 C
94243 Radio P25 Upgrade 2,000,000 3,076,108 3,076,108 2,644,044 421,561 10,503
Sub-Total 24,145,049 25,221,157 - 25,221,157 15,965,531 4,547,918 4,707,708
Maintenance of Buildings
94510 Air Cond Replace-City Wide 2,771,538 2,771,538 2,771,538 2,562,728 1,613 207,19794512Roof 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 988,952 988,952 988,952 768,894 31,251 188,807
94521 Elevator Refurbish/Modernization 280,000 280,000 280,000 167,729 79,722 32,549
94528 Light Replacement & Repair 279,931 279,931 279,931 214,523 65,408
94529 MSB Restroom Renovations 65,000 65,000 65,000 6,684 58,31694530Building Systems 250,000 250,000 250,000 48,717 201,28394624Harborview 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 6,681,467 131,317 3,777,024
Miscellaneous
94729 City-wide Connect Infra 2,106,478 2,106,478 2,106,478 1,696,098 1,501 408,87994736Geographic 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 2,368,522 209,565 406,970
94820 HR PeopleSoft Upgrade 450,000 450,000 450,000 143,462 306,538
94824 IT Disaster Recovery 400,000 400,000 400,000 288,906 5,800 105,294
94827 Telecommunications Upgrade 479,000 479,000 479,000 334,953 10,665 133,38294828Financial Systems Upgrades 976,628 976,628 976,628 229,252 95,929 651,44894829CIS Upgrades / Replacement 847,376 847,376 847,376 318,999 42,168 486,209
94830 MS Licensing / Upgrades 775,000 775,000 775,000 507,132 267,868
94833 Computer Monitors 320,000 320,000 320,000 318,430 1,570
94839 Roadway & Traffic Asset Mgt 440,000 440,000 440,000 353,963 33,615 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 1,250,000 738,932 208,920 302,149
94873 Citywide Camera System 160,000 160,000 160,000 109,452 2,328 48,220
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 31,420 88,580
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 & Improve 150,000 150,000 150,000 150,000
Sub-Total 15,536,887 15,536,887 - 15,536,887 9,828,979 990,723 4,717,185
26
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2014 to June 30, 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 11,983,812 1,623,066 3,717,460
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 499,250 499,250 499,250 385,752 14,780 98,718
96168 Stormwater System Expansion 2,457,956 2,457,956 2,457,956 116,931 5,829 2,335,19696169Stevenson Creek 4,717,122 3,967,122 3,967,122 2,934,103 102,002 931,01796170Coastal Basin Projects 7,193,178 6,293,178 6,293,178 3,380,379 96,800 2,816,000
96173 Alligator Creek Watershed Projects 4,666,490 2,716,490 (1,000,000)1,716,490 1,019,177 118,711 578,603 11
96176 Allen's Creek Watershed Mgt Plan 200,000 200,000 200,000 107,946 14,873 77,181
96177 Jeffords Street Outfall 400,000 400,000 157,958 557,958 118,394 17,616 421,948 12
96178 Smallwood Circle 2,437,719 2,437,719 2,437,719 1,433,412 417,091 587,217
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 3,100,000 218,759 44,383 2,836,857
96185 Woodlawn Terr Floodplain Storage 1,006,620 1,006,620 (157,958)848,662 845,263 24,170 (20,771)13
96186 Hillcrest Bypass Culvert 0 3,900,000 3,900,000 60,784 194,907 3,644,309
96187 Mango Outfall 0 1,800,000 1,800,000 41,145 105,255 1,653,600
96188 East Gateway Improvements 0 1,500,000 2,000,000 3,500,000 59,020 345,660 3,095,320 14
Sub-Total 65,685,107 69,134,592 1,000,000 70,134,592 43,163,892 3,136,667 23,834,034
Water System
96721 System R & R - Maintenance 3,666,799 3,666,799 3,666,799 2,127,879 128,421 1,410,500
96739 Reclaimed Water Dist Sys 63,271,459 63,271,459 63,271,459 60,660,493 1,376,967 1,233,999
96740 Water Supply/Treatment 5,870,430 5,870,430 5,870,430 5,007,201 27,707 835,522
96741 System R & R-Capitalized 10,236,996 10,236,996 10,236,996 8,465,998 5,250 1,765,74996742Line Relocation-Capitalized 12,364,511 12,364,486 12,364,486 10,518,270 200,776 1,645,44096743Mtr Bkflow Prev Dev/Change Out 4,324,046 4,324,046 (150,000)4,174,046 3,373,795 175,652 624,599 22
96744 System Expansion 2,174,673 2,174,673 2,174,673 2,101,669 73,004
96752 Water Service Lines 4,892,119 4,892,119 4,892,119 3,615,412 51,267 1,225,441
96764 RO Plant Exp Res #1 16,865,751 16,865,751 16,865,751 15,679,050 921,925 264,777
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 42,827,042 1,214,599 907,328
96768 Rebate Well, Lk, Pnd Irr Abandmt 250,000 250,000 250,000 107,408 142,59296773Groundwater Replenishment Facility 6,705,833 6,705,833 6,705,833 2,735,514 68,588 3,901,73296774Automated Meter Reading 2,300,000 2,300,000 2,300,000 152,260 2,147,740
96775 Arsenic Treatment WTP #3 1,359,420 1,359,420 1,359,420 105,085 42,097 1,212,239
96777 Water Supply Pick-up Trucks 120,000 120,000 120,000 51,400 22,732 45,868
96778 Fork Lift 30,000 30,000 30,000 23,953 6,047
96779 Trench Box 65,000 65,000 65,000 56,438 8,563
Sub-Total 180,046,005 180,045,980 (150,000) 179,895,980 157,560,682 4,292,416 18,042,882
27
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1, 2014 to June 30, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/14 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref
Sewer System
96202 WWTP Screw Pump Replacement 4,849,383 4,849,383 4,849,383 3,995,104 442,967 411,31396204WWTP UV Disinfections System 1,225,986 1,225,986 1,225,986 867,544 358,442
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 0
96208 Bobcat E35 Compact Excavator 27,000 40,000 40,000 39,297 703
96611 Bio-Solids Treatment 9,191,761 9,193,245 9,193,245 7,731,066 651 1,461,528
96615 Odor Control 2,172,523 2,157,094 2,157,094 1,927,302 229,79296619WWTP Generator Replacements 4,211,383 4,411,383 4,411,383 3,551,030 626,770 233,58396621WWTP New Presses 3,402,580 3,402,580 3,402,580 3,388,052 14,528
96630 Sanitary Sewer Extension 11,609,894 11,572,866 800,000 12,372,866 6,070,146 6,277,507 25,214 20
96634 Sanitary Util Reloc Accmmdtn 5,291,813 5,291,813 5,291,813 3,773,611 128,367 1,389,835
96645 Laboratory Upgrade & R&R 2,166,259 1,966,259 1,966,259 1,641,309 53,769 271,181
96654 Facilities Upgrade & Improvement 19,193,882 19,763,708 19,763,708 14,532,879 2,126,833 3,103,996
96664 WPC R & R 23,389,964 23,389,964 23,389,964 18,134,763 1,987,381 3,267,820
96665 Sanitary Sewer R&R 27,628,789 27,628,789 (800,000)26,828,789 22,318,605 3,882,609 627,575 21
96666 WWTP East Bypass & NE Pump 2,586,522 2,586,522 2,586,522 2,325,971 260,55196686Pump Station Replacement 18,276,977 18,276,977 18,276,977 15,723,928 64,232 2,488,817
Sub-Total 135,325,716 135,847,274 - 135,847,274 106,061,310 15,641,086 14,144,878
Gas System
96358 Environmental Remediation 2,404,794 2,404,794 2,404,794 1,395,769 186,970 822,055
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 3,135,000 3,135,000 2,280,812 854,188
96374 Line Relocation-Pinellas Capitalized 2,586,983 2,653,479 3,092 2,656,571 2,253,792 402,779 15
96376 Line Relocation - Pasco Maint 880,000 408,593 408,593 84,756 323,837
96377 Pinellas New Main / Service Lines 24,534,656 25,384,844 17,164 25,402,008 23,089,997 20,077 2,291,934 16
96378 Pasco New Mains / Service Lines 11,226,538 12,257,498 (400,000)11,857,498 9,948,584 261,136 1,647,779 17
96379 Pasco Gas Meter Change Out 1,070,000 547,821 547,821 461,669 86,15296381Line Reloc-Pasco-Capitalized 905,000 276,192 276,192 2,601 273,59196382Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 839,708 152,292
96384 Gas Building Renovation 1,649,675 1,649,675 1,649,675 498,106 1,151,569
96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 1,057,955 499,890
96386 Expanded Energy Conservation 2,978,418 2,984,170 400,000 3,384,170 2,976,610 407,560 18
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 57,100 125,678 17,222
Sub-Total 58,532,836 59,536,017 20,256 59,556,273 49,168,158 678,531 9,709,584
Solid Waste
96426 Facility R & R 2,152,608 2,152,608 2,152,608 1,541,127 15,882 595,599
96443 Res Container Acquisition-II 1,491,741 1,491,741 1,491,741 1,085,215 406,52696444Comm Container Acquisition-II 2,990,020 2,990,020 2,990,020 2,225,411 764,609
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 6,525,442 15,882 2,766,734
Utility Miscellaneous
96516 Citywide Aerial Photo 159,533 159,533 159,533 151,596 7,937
96523 Pub Utilities Adm Bldg R&R 634,184 634,184 150,000 784,184 531,941 59,995 192,248 19
Sub-Total 793,717 793,717 150,000 943,717 683,536 59,995 200,185
Recycling
96804 Recycling Carts/Dumpsters 850,925 866,650 866,650 588,722 277,928
96805 Recycling Expansion/Particip/R&R 1,271,525 1,271,525 1,271,525 897,270 38,455 335,800
96809 Recyc Processing Ctr Expand & Upgrade 0 1,000,000 1,000,000 1,000,000
Sub-Total 2,122,450 3,138,175 - 3,138,175 1,485,992 38,455 1,613,728
TOTAL ALL PROJECTS 650,964,903 662,156,957 1,496,000 663,652,957 488,630,423 40,226,433 134,796,101
28
Special Program Fund
Third Quarter
Budget Amendments
October 1, 2014 - June 30, 2015
Increase/
Amdmt Program (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Public Safety Programs
2014 Report Review Team Program - CLOSE PROGRAM
1 99206 (106)
To record a budget decrease of $105.66 in grant revenue
which will bring the budget in-line with actual receipts.This
project is complete and will be closed. (106)
FDOT HVE Ped/Bicycle Safety Grant - CLOSE PROGRAM
2 99208 (2,682)
To record a budget decrease of $2,681.86 in grant revenue
which will bring the budget in-line with actual receipts.This
project is complete and will be closed. (2,682)
2015 JAG/Taser Grant - NEW PROGRAM
3 99213 49,118
To establish the project and record a budget of $49,118 in
grant revenue from the Bureau of Justice Assistance for the
purchase of tasers.This was approved by the Council on
September 3, 2015.49,118
School Resource Officers
4 99264 39,720
To record a budget increase of $39,720.17 in
reimbursement revenue for School Resource Officers extra
duty from the Pinellas County School Board.39,720
Police Education Fund
5 99317 4,989
To record a budget increase of $4,989.15 in police
education fine revenue to bring the budget in line with actual
receipts.4,989
Investigative Cost Recovery
6 99329 63,485
To record a budget increase of $8,317.22 in grant revenue
from the US Department of Justice,an increase of
$43,893.20 in fines,forfeitures and penalties revenue,and
an increase of $11,274.75 in overtime reimbursement
revenue to bring the budget in line with actual receipts.63,485
Florida Contraband Forfeiture Fund
7 99330 55,848
To record a budget increase of $55,848.12 in fines,
forfeitures and penalties revenue to bring the budget in line
with actual receipts.55,848
Vehicle Replacement
8 99350 4,817
To record a transfer of $4,816.50 in police services revenue
from program 181-99908,Extra Duty Program.This
represents revenue collected for vehicle usage on extra duty
jobs.4,817
Crime Prevention Program
9 99364 2,113
To record a budget increase of $2,113.00 in donation
revenue from Target for National Night Out supplies.This
will bring the budget in line with actual receipts.2,113
29
Special Program Fund
Third Quarter
Budget Amendments
October 1, 2014 - June 30, 2015
Increase/
Amdmt Program (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Federal Forfeiture Sharing
10 99387 28,304
To record a budget increase of $28,304.21 in grant revenue
from the US Department of Justice to bring the budget in line
with actual receipts.28,304
Police - Outside Duty
11 99908 398,842 (4,817)
To record a budget increase of $398,842.00 in Police
Services revenue to bring the budget in-line with actual
revenue received.
To record a budget transfer of $4,816.50 in Police Services
revenue to project 181-99350,Vehicle Replacement.This
represents revenue collected for vehicle usage on extra duty
jobs.394,026
Public Safety Program
Totals:639,632 - 639,632
Miscellaneous Programs:
Strategic Direction Action Plan
12 99860 50,000
To record a budget increase of $50,000 representing a
transfer from the General Fund for the branding consultant
contract.50,000
Special Events
13 99865 297,634
To record a budget increase of $297,633.94;representing
increases of $33,546.15 in rental income,$100,386.00 in
sponsorship revenue,$46,300.00 in memberships and
registrations,$101,195.12 in sales revenue,$835.10 in
donations revenue,and $15,371.57 in reimbursements,
which will bring the budget in line with actual receipts for the
quarter. 297,634
Sate Brownfield Redevelopment
14 99871 140
To record a budget increase of $140.46 in interest earnings
to bring the budget in line with actual receipts.140
Library Special Account
15 99910 8,184
To record a budget increase of $8,184.10 in donation
revenue to bring the budget in line with actual receipts.8,184
30
Special Program Fund
Third Quarter
Budget Amendments
October 1, 2014 - June 30, 2015
Increase/
Amdmt Program (Decrease)Intrafund Net Budget
Number Number Amount Transfer Amount Description Amendment
Nagano Sister City Project
16 99928 37,930
To record a budget increase of $37,930.00 representing a
transfer of $28,250.00 from General Fund Reserves and
$9,680.00 in reimbursement revenue to fund the Council's
Nagano trip.37,930
Tree Replacement Program
17 99970 18,429
To record a budget increase of $18,429.00 in fines
forfeiture and penalty revenue to bring the budget in line with
actual receipts.18,429
Miscellaneous Programs
Total:412,318 - 412,318
Grand
Total:1,051,950 - 1,051,950
31
SPECIAL PROGRAM STATUS SUMMARY
THIRD QUARTER REVIEW: October 1, 2014 to June 30, 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 (106) 58,177 58,177 - 0 C 1
99207 Bulletproof Vests 165,000 165,000 - 165,000 65,374 - 99,626
99208 FDOT HVE Ped/Bicycle Safety Grnt - 94,230 (2,682) 91,548 91,548 - 0 C 2
99209 Clearwater Cold Case Team 2014 - 30,671 - 30,671 8,444 - 22,227
99211 2014 RRT Invest Cost Recovery - 53,696 - 53,696 10,702 - 42,994
99212 AmeriCorps Clearwater 2015 - 232,440 - 232,440 95,932 - 136,508
99213 2015 JAG/Taser Grant - - 49,118 49,118 - - 49,118 3
99241 Human Trafficking Overtime 87,000 87,000 - 87,000 51,959 - 35,041
99242 Human Trafficking Zonta Club 5,913 5,913 - 5,913 5,566 - 347
99243 2013 RRT - Invest Cost Recovery 52,377 51,009 - 51,009 51,009 - 0 C
99244 AmeriCorps 2014 259,187 259,187 - 259,187 254,921 - 4,266
99246 AmeriCorps 2013 270,606 237,669 - 237,669 237,669 - 0 C
99264 School Resource Officers 1,492,391 1,803,512 39,720 1,843,232 1,763,792 - 79,440 4
99279 Police Recruitments 65,155 68,282 - 68,282 54,938 - 13,344
99281 Fed Forfeitures - Treasury 150,433 151,453 - 151,453 120,171 - 31,282
99316 Police Volunteers 125,921 132,179 - 132,179 119,561 - 12,618
99317 Police Education Fund 1,220,199 1,238,125 4,989 1,243,114 1,127,809 - 115,305 5
99325 Citizen's Police Academy 39,113 30,356 - 30,356 30,356 - (0) C
99329 Investigative Recovery Costs 1,927,724 2,030,144 63,485 2,093,629 1,603,579 1,250 488,800 6
99330 FL Contraband Forfeiture Fnd 1,144,565 925,210 55,848 981,058 607,138 - 373,920 7
99331 Law Enforcement Trust Fund 2,741,235 2,673,065 - 2,673,065 2,575,120 - 97,945
99350 Vehicle Replacement Fund 243,220 259,622 4,817 264,438 111,217 - 153,221 8
99356 Safe Neighborhood Program 640,046 798,803 - 798,803 685,801 - 113,002
99364 Crime Prevention Program 24,204 47,386 2,113 49,499 31,204 8,500 9,795 9
99387 Federal Forfeiture Sharing 1,706,496 1,841,233 28,304 1,869,537 1,333,431 92,804 443,302 10
99908 Police - Outside Duty 8,680,187 9,182,482 394,026 9,576,507 9,316,333 - 260,174 11
Sub-Total 21,152,950 22,456,948 639,632 23,096,580 20,411,751 102,554 2,582,275
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 - 539,578 118,762 315 420,501
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 14,985 135,015 -
99746 Economic Development 2015 10,000 10,000 - 10,000 4,152 - 5,848
99747 Housing Rehab 2015 276,051 276,051 - 276,051 67,038 - 209,013
99748 Program Administration 2015 145,259 145,259 - 145,259 92,883 - 52,376
99750 Infill Housing 2015 10,000 10,000 - 10,000 4,110 - 5,890
99751 Public Services 2015 134,988 134,988 - 134,988 93,330 39,418 2,240
99888 ULI Report Implementation - 500,000 - 500,000 25,734 8,440 465,826
Sub-Total 2,444,968 2,944,968 - 2,944,968 1,041,254 183,188 1,720,526
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
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
32
SPECIAL PROGRAM STATUS SUMMARY
THIRD QUARTER REVIEW: October 1, 2014 to June 30, 2015
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/01/2014 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref
MISCELLANEOUS PROGRAMS
98601 Next Steps to Better Nutrition - 10,000 - 10,000 - - 10,000
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 50,000 300,000 234,750 12,500 52,750 12
99864 Clearwater Gateway Farmer's Mkt 20,000 20,000 - 20,000 8,808 - 11,192
99865 Special Events 2,623,672 3,923,881 297,634 4,221,515 3,920,020 52,750 248,745 13
99867 Centennial Celebration 150,000 150,000 - 150,000 137,224 311 12,465
99868 Federal Early Retiree Reinsurance 651,500 651,500 - 651,500 559,222 - 92,278
99869 Health Prevention Program 106,301 143,801 - 143,801 92,847 - 50,954
99871 State Brownfields Redevelopment Acct 165,078 165,288 140 165,429 162,288 1,597 1,544 14
99872 Coordinated Child Care - Ross Norton 749,216 1,151,658 - 1,151,658 596,391 - 555,267
99910 Library Special Account 748,635 755,695 8,184 763,879 730,228 1,335 32,316 15
99925 Peg Access Support 838,261 838,261 - 838,261 826,972 - 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 37,930 139,794 95,307 2,990 41,497 16
99950 IDB Fees 54,131 54,131 - 54,131 32,830 - 21,301
99970 Tree Replacement Project 1,267,524 1,345,485 18,429 1,363,914 745,320 16,181 602,413 17
99982 EMS Incentive/Recognition 69,700 69,700 - 69,700 41,088 - 28,612
Sub-Total 14,260,874 16,099,231 412,318 16,511,548 11,652,366 87,664 4,771,518
TOTAL ALL PROJECTS 39,295,006 42,948,002 1,051,950 43,999,952 33,580,455 373,406 10,046,091
33
City of Clearwater
SPECIAL DEVELOPMENT FUND
Third Quarter
FY 2014/15
Increase/
(Decrease)Description
Revenues
Ad Valorem Taxes 27,770
An increase in Ad Valorem Taxes to bring the
budget in line with actual receipts for the year.
Interest Earnings 489,310
An increase in Interest Earnings to bring the budget
in line with actual receipts for the year.
Open Space Fees 197,570
An increase in Open Space Fees to bring the budget
in line with actual receipts for the year.
Recreation Facility Impact Fees (3,450)
A decrease in Recreation Facility Impact Fees to
bring the budget in line with actual receipts for the
year.
Recreation Land Impact Fees 534,820
An increase in Recreation Land Impact Fees to bring
the budget in line with actual receipts for the year.
Fee in Lieu of Sidewalks 13,400
An increase in Fee in Lieu of Sidewalks to bring the
budget in line with actual receipts for the year.
Transportation Impact Fees 86,000
An increase in Transportation Impact Fees to bring
the budget in line with actual receipts for the year.
Allocation of Assigned Fund Balance 321,500
Third quarter amendments reflect an allocation of
$321,500 of Recreation Land Impact Fees to project
315-93133,Park Land Acquisition as approved by the
Council on July 16, 2015.
1,666,920$ Net Revenue Amendments
Expenditures
Transfer to Capital Improvement Fund (772,256)
Third quarter expenditure amendments reflect the
following:1)a transfer of $321,500 of Recreation
Land Impact Fees to project 315-93133,Park Land
Acquisition as approved by the Council on July 16,
2015;2)the return of $702,937.55 in Sales Tax
Infrastructure revenue from closed capital project
315/325-92275,Downtown Streetscape Phase II;and
3)the return of $390,818.43 in Sales Tax
Infrastructure revenue from closed capital project 315-
93405, Downtown Boat Slips.
(772,256)$ Net Expenditure Amendments
34
SPECIAL REVENUE FUNDS
Third Quarter: October 1, 2014 - June 30, 2015
Original First Quarter Mid Year Third Quarter
Budget Amended Budget Amended Budget Amended Budget
2014/15 2014/15 2014/15 2014/15 Amendments
SPECIAL DEVELOPMENT FUND
Revenues:
Ad Valorem Taxes 1,920,480 1,920,480 1,920,480 1,948,250 27,770
Infrastructure Tax 9,453,580 9,453,580 9,453,580 9,453,580
Interest Earnings 35,000 35,000 35,000 524,310 489,310
Open Space Fees 20,000 20,000 20,000 217,570 197,570
Recreation Facility Impact Fees 25,000 25,000 25,000 21,550 (3,450)
Recreation Land Impact Fees 25,000 25,000 25,000 559,820 534,820
Fee in Lieu of Sidewalks - - - 13,400 13,400
Transportation Impact 151,180 151,180 151,180 237,180 86,000
Local Option Gas Tax 1,424,090 1,424,090 1,424,090 1,424,090
Allocation of Assigned Fund Balance 1,770,630 2,280,630 2,816,548 3,138,048 321,500
14,824,960 15,334,960 15,870,878 17,537,798 1,666,920
Expenditures:
Transfer to Capital Improvement Fund
Road Millage 1,920,480 1,920,480 1,920,480 1,920,480
Infrastructure Tax 6,972,740 7,247,740 7,493,130 6,399,374 (1,093,756)
Recreation Facility Land Fees 230,300 517,300 838,800 321,500
Transportation Impact fees 190,000 190,000 190,000 190,000
Local Option Gas Tax 1,424,090 1,424,090 1,424,090 1,424,090
Infrastructure Tax - Interfund Transfer 3,500,000 3,500,000 3,500,000 3,500,000
Infrastructure Tax - Debt on Internal Loans 712,650 712,650 712,650 712,650
14,719,960 15,225,260 15,757,650 14,985,394 (772,256)
35
SPECIAL REVENUE FUNDS
Third Quarter: October 1, 2014 - June 30, 2015
Original First Quarter Mid Year Third Quarter
Budget Amended Budget Amended Budget Amended Budget
2014/15 2014/15 2014/15 2014/15 Amendments
SPECIAL PROGRAM FUND
Revenues:
CDBG Program Income 1,026,250 1,026,250 1,026,250 1,026,250
Interest Earnings 50,000 76,225 76,225 76,366 140
Grant Funds - 290,104 445,237 528,189 82,952
Other Governmental Revenue - 402,442 402,442 402,442
Police Fines and Court Proceeds - 196,123 276,280 399,440 123,159
Donations - 21,707 22,267 33,399 11,132
Sales - 230,423 827,286 928,482 101,195
Rentals - 14,025 27,132 60,678 33,546
Sponsorships - 67,218 131,407 231,793 100,386
Memberships/Registrations - 4,000 5,400 51,700 46,300
Contractual Services - 510,521 712,820 1,187,709 474,888
Transfers from General Fund - 776,500 776,500 826,500 50,000
Sister City Program 3,000 3,000 3,000 31,250 28,250
Special Events 70,000 70,000 70,000 70,000
Bullet Proof Vests 165,000 165,000 165,000 165,000
1,314,250 3,853,539 4,967,247 6,019,197 1,051,950
Expenditures:
CDBG/Home Funds 1,026,250 1,026,250 1,026,250 1,026,250
Planning - - - -
Public Safety - 942,950 1,303,997 1,943,630 639,632
Community Development - - - -
Social Services - 3,420 3,420 3,420
Marine - 7,223 7,223 7,223
Sister City Program 3,000 3,000 3,000 3,000
Special Event Funding 70,000 70,000 70,000 70,000
Bullet Proof Vests 165,000 165,000 165,000 165,000
Other Miscellaneous Programs - 1,585,696 2,338,357 2,750,674 412,318
1,264,250 3,803,539 4,917,247 5,969,197 1,051,950
SPECIAL PROGRAM FUND
Revenues:
SHIP Funds 499,550 499,550 499,550 499,550
Expenditures:
SHIP Program 499,550 499,550 499,550 499,550
499,550 499,550 499,550 499,550
36
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDERS
Third Quarter Review
FY 2014/15
37
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.
*****
05/28/15 Administrative Change Order #1 – New Airplane T Hangars at Clearwater
Airpark (14-0031-AP). This change order is needed for decreasing owner direct
purchases and related sales tax savings resulting in a net decrease to the contract.
Cathey Construction & Development. (134,328.68)
06/03/15 Administrative Change Order #6 – Countryside Branch Library (11-0059-LI).
This change order is needed for adding the Plaza at Countryside Library and
decreasing for additional owner direct purchases resulting in a net decrease to the
contract.
Ajax Building Corporation. (44,626.39)
06/11/15 Administrative Change Order #1 & Final – Lift Station 29, 46, 50 (13-0047-UT).
This change order is needed for final decreases and adds items according to field
conditions resulting in a net decrease to the contract.
Kloote Contracting, Inc. (38,052.50)
06/11/15 Administrative Change Order #2 & Final –Fire Station 45 Construction (09-0036-
FD). This change order is needed for decreases to reflect field conditions and
closes out the contract resulting in a net decrease to the contract.
Biltmore Construction Co., Inc (559,602.27)
07/23/15 Administrative Change Order #2 & Final – Reverse Osmosis Plant Site Expansion
(10-0039-UT). This change order is needed for final decreases for owner direct
purchases resulting in a net decrease to the contract.
Pool & Kent Company. (5,911,028.86)
08/12/15 Administrative Change Order #3 – East WRF Generator & Marshall Street WRF
Lab Electrical Improvements (11-0025-UT). This change order is needed for
increasing results from improved safety measures (increased National Electric
Code working clearances) and revised Marshall Street WRF Lab circuits for new
and relocated instruments.
BL Smith Electric Inc. 35,000
Ordinance No. 8769-15 38
ORDINANCE NO. 8769-15
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, GAS FUND, SOLID WASTE AND RECYCLING FUND, PARKING
FUND, AND ADMINISTRATIVE SERVICES 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 Third Quarter Review it was found that an increase of $7,715,859 is necessary for revenues and an increase of $3,166,908 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
2014-15 BUDGET REVENUE
First Third
Quarter Mid Year Quarter
Budgeted Amended Amended Amended
Revenues Budget Budget Budget Budget
2014/15 2014/15 2014/15 2014/15 Amendment
General Fund:
Ad Valorem Taxes 38,779,620 38,779,620 38,779,620 38,944,350 164,730
Utility Taxes 14,182,400 14,182,400 14,182,400 14,182,400
Local Option, Fuel & Other Taxes 7,604,780 7,604,780 7,604,780 7,054,780 (550,000)
Franchise Fees 10,090,000 10,090,000 10,090,000 10,090,000
Other Permits & Fees 2,220,500 2,220,500 2,220,500 2,880,500 660,000
Intergovernmental Revenues 19,578,310 19,587,304 19,590,820 21,935,589 2,344,769
Charges for Services 14,227,040 14,227,040 14,259,540 14,372,540 113,000
Judgments, Fines & Forfeitures 1,034,000 1,034,000 1,034,000 984,000 (50,000)
Miscellaneous Revenues 1,647,500 1,647,500 1,647,500 8,397,852 6,750,352
Transfers In 8,008,410 10,178,977 10,178,977 10,178,977
Other Financing Sources - - - -
Transfer (to) from Reserves (364,010) 1,330,605 2,005,605 (4,430,257) (6,435,862)
Total, General Fund 117,008,550 120,882,726 121,593,742 124,590,731 2,996,989
Special Revenue Funds: Special Development Fund 13,054,330 15,334,960 15,870,878 17,537,798 1,666,920
Special Program Fund 1,314,250 3,853,539 4,967,247 6,019,197 1,051,950
Local Housing Asst Trust Fund 499,550 499,550 499,550 499,550
Utility & Other Enterprise Funds:
Water & Sewer Fund 71,989,410 72,293,720 72,293,720 72,293,720
Stormwater Utility Fund 17,224,640 17,850,323 17,850,323 17,850,323
Solid Waste & Recycling Fund 22,195,930 25,210,595 25,400,595 25,701,095 300,500
Gas Fund 40,803,420 47,387,313 46,885,413 47,469,913 584,500
Airpark Fund 268,560 270,390 270,390 270,390
Marine Fund 4,704,840 4,731,395 4,731,395 4,731,395
Clearwater Harbor Marina 652,500 656,460 656,460 656,460
Parking Fund 4,319,810 4,355,000 4,457,378 5,557,378 1,100,000
Harborview Center Fund - - - -
Internal Service Funds:
Administrative Services Fund 10,107,220 10,459,460 10,459,460 10,474,460 15,000
General Services Fund 4,453,090 4,509,200 4,509,200 4,509,200
Garage Fund 14,874,540 14,932,965 14,932,965 14,932,965
Central Insurance Fund 22,856,430 22,971,437 22,971,437 22,971,437
Total, All Funds 346,327,070 366,199,033 368,350,153 376,066,012 7,715,859
39 Ordinance #8769-15
EXHIBIT A (Continued)
2014-15 BUDGET EXPENDITURES
First Third
Quarter Mid Year Quarter
Original Amended Amended Amended
Budget Budget Budget Budget Budget
2014/15 2014/15 2014/15 2014/15 Amendment
General Fund:
City Council 278,880 280,040 280,040 280,040
City Manager's Office 1,091,940 1,110,477 1,110,477 1,128,437 17,960
City Attorney's Office 1,629,360 1,653,821 1,653,821 1,653,821
City Auditor's Office 196,560 200,060 200,060 200,060
Economic Development & Housing Svc 1,583,830 1,649,545 1,649,545 1,649,545
Engineering 7,569,460 7,665,735 7,665,735 7,665,735
Finance 2,073,730 2,183,290 2,183,290 2,183,290
Fire 23,944,250 23,989,395 23,989,395 25,140,225 1,150,830
Human Resources 1,056,010 1,068,780 1,068,780 1,068,780
Library 6,070,250 6,156,870 6,156,870 6,180,640 23,770
Marine & Aviation 870,720 880,470 912,970 912,970
Non-Departmental 3,941,910 6,705,994 7,380,994 8,259,244 878,250
Office of Management & Budget 313,570 313,570 313,570 313,570 Official Records & Legislative Svcs 1,002,630 1,015,675 1,015,675 1,025,675 10,000
Parks & Recreation 22,360,110 22,660,240 22,660,240 22,660,240
Planning & Development 4,887,680 5,035,445 5,035,445 5,035,445
Police 36,849,710 37,012,289 37,015,805 37,931,984 916,179
Public Communications 1,012,470 1,025,550 1,025,550 1,025,550
Public Utilities 275,480 275,480 275,480 275,480
Total, General Fund 117,008,550 120,882,726 121,593,742 124,590,731 2,996,989
Special Revenue Funds:
Special Development Fund 14,719,960 15,225,260 15,757,650 14,985,394 (772,256)
Special Program Fund 1,264,250 3,803,539 4,917,247 5,969,197 1,051,950
Local Housing Asst Trust Fund 499,550 499,550 499,550 499,550
Utility & Other Enterprise Funds:
Water & Sewer Fund 70,406,600 70,710,910 70,710,910 70,710,910
Stormwater Utility Fund 17,207,410 17,595,223 17,595,223 17,595,223
Solid Waste & Recycling Fund 22,721,790 25,136,485 25,136,485 25,116,685 (19,800)
Gas Fund 37,515,660 40,207,978 39,296,483 39,191,508 (104,975)
Airpark Fund 207,810 209,640 209,640 209,640
Marine Fund 4,526,360 4,552,915 4,562,915 4,562,915
Clearwater Harbor Marina 554,280 558,240 558,240 558,240
Parking Fund 4,246,040 4,281,230 4,281,230 4,281,230
Harborview Center Fund - - - -
Internal Service Funds:-
Administrative Services Fund 10,254,800 10,372,040 10,372,040 10,387,040 15,000
General Services Fund 4,386,430 4,442,540 4,442,540 4,442,540
Garage Fund 14,848,020 14,906,445 14,906,445 14,906,445
Central Insurance Fund 22,838,200 22,953,207 22,953,207 22,953,207
Total, All Funds 343,205,710 356,337,928 357,793,547 360,960,455 3,166,908
40 Ordinance #8769-15
41
Ordinance No. 8770-15
ORDINANCE NO. 8770-15
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 $1,496,000 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 Third Quarter 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 Third Quarter 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 Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
2014/15 2014/15 2014/15 2014/15 Amendments
Police Protection 1,775,000 1,775,000 1,775,000 1,775,000
Fire Protection 5,007,240 4,975,211 5,011,083 5,011,083
New Street Construction 0 0 0 0
Major Street Maintenance 3,369,570 3,369,570 3,369,570 2,666,632 (702,938)
Sidewalk and Bike Trail 472,000 472,000 472,000 472,000
Intersections 335,000 335,000 335,000 335,000
Parking 287,500 287,500 287,500 287,500
Miscellaneous Engineering 35,000 35,000 685,000 735,000 50,000
Land Acquisition 0 235,000 522,000 843,500 321,500
Park Development 1,860,000 3,330,514 3,326,986 4,449,986 1,123,000
Marine Facilities 548,000 548,000 548,000 232,182 (315,818)
Airpark Facilities 15,000 140,000 140,000 140,000
Libraries 635,000 635,000 1,008,918 1,008,918
Garage 7,697,000 7,697,000 8,773,108 8,773,108
Maintenance of Buildings 645,000 645,000 645,000 645,000
Miscellaneous 1,070,000 1,070,000 1,070,000 1,070,000
Stormwater Utility 5,804,850 9,254,335 9,254,335 10,254,335 1,000,000
Gas System 4,000,000 4,810,000 5,003,181 5,023,437 20,256
Solid Waste 520,000 1,504,275 1,504,275 1,504,275
Utilities Miscellaneous 110,000 110,000 110,000 260,000 150,000
Sewer System 7,617,380 8,137,454 8,138,938 8,138,938
Water System 6,590,000 6,590,000 6,589,975 6,439,975 (150,000)
TOTAL PROJECT EXPENDITURES 48,393,540 55,955,859 58,569,869 60,065,869 1,496,000
GENERAL SOURCES:
General Operating Revenue 2,345,100 3,999,285 4,674,260 5,797,260 1,123,000
General Revenue/County Co-op 635,000 635,000 635,000 635,000
Road Millage 1,920,480 1,920,480 1,920,480 1,920,480
Penny for Pinellas 6,972,740 7,247,740 7,529,002 6,435,246 (1,093,756)
Transportation Impact Fee 190,000 190,000 190,000 190,000
Recreation Land Impact Fees 0 230,300 517,300 838,800 321,500
Local Option Gas Tax 1,424,090 1,424,090 1,424,090 1,424,090
Special Program Fund 35,000 35,000 35,000 35,000
Grants - Other Agencies 0 0 0 0
Other Governmental 0 554,397 555,881 555,881
Property Owner's Share 0 0 193,181 213,437 20,256
Donations 100,000 125,000 225,000 350,000 125,000
Contributions 0 324,000 324,000 324,000
Developer Public Art Contribution 0 0 0 0
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15
42
Ordinance # 8770-15
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
2014/15 2014/15 2014/15 2014/15 Amendments
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15
SELF SUPPORTING FUNDS:
Marine Revenue 120,000 120,000 120,000 120,000
Clearwater Harbor Marina Revenue 15,000 15,000 15,000 15,000
Airpark Revenue 15,000 15,000 15,000 15,000
Parking Revenue 357,500 357,500 357,500 357,500
Utility System:
Water Revenue 4,764,700 4,764,700 4,764,700 4,764,700
Sewer Revenue 5,900,460 5,900,460 5,900,460 5,900,460
Water Impact Fees 10,300 10,300 10,300 10,300
Sewer Impact Fees 12,460 12,460 12,460 12,460
Utility R&R 3,397,460 3,397,460 3,397,460 3,397,460
Stormwater Utility Revenue 5,804,850 5,804,850 5,804,850 5,804,850
Gas Revenue 4,000,000 4,000,000 4,000,000 4,000,000
Solid Waste Revenue 520,000 1,520,000 1,520,000 1,520,000
Recycling Revenue 90,000 1,090,000 1,090,000 1,090,000
Grants - Other Agencies 0 3,512,457 3,512,457 4,512,457 1,000,000
INTERNAL SERVICE FUNDS:
Garage Revenue 232,000 232,000 232,000 232,000
Administrative Services Revenue 710,000 710,000 710,000 710,000
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund 1,014,400 1,014,400 1,014,400 1,014,400
BORROWING - SELF SUPPORTING FUNDS:
Lease Purchase - Water 155,000 155,000 155,000 155,000
Lease Purchase - Sewer 77,000 79,705 79,705 79,705
Lease Purchase - Stormwater 0 0 0 0
Bond Issue - Water & Sewer 0 0 0 0
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 7,265,000 7,265,000 8,341,108 8,341,108
Lease Purchase - Administrative Services 400,000 400,000 400,000 400,000
TOTAL ALL FUNDING SOURCES:48,483,540 57,061,584 59,675,594 61,171,594 1,496,000
43
Ordinance # 8770-15
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1668
Agenda Date: 9/17/2015 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Human Resources
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Approve the Collective Bargaining Agreement between the City of Clearwater and
International Association of Firefighters Local 1158 for Fiscal Year 2015/16, 2016/17, and
2017/18 and authorize the appropriate officials to execute same.
SUMMARY:
The current collective bargaining agreement between the City of Clearwater and the
International Association of Firefighters Local 1158 expires on September 30, 2015. City
management staff and representatives from the International Association of Firefighters Local
1158 reached a tentative agreement for a new contract. The agreement was ratified by the
membership on September 17, 2015. The agreement is for a three-year contract providing for
a 4.5 merit increase in year one with no advancement in step, a step advancement in year two
with no merit increase, and a 4.5% merit increase in year three with no step advancement. For
all bargaining unit members who receive a satisfactory or better on their annual performance
appraisal.
The agreement also includes overtime pay for those assigned to staffing mandatory and relief
overtime, adjustments to accounting for military leave, increases in tuition reimbursement,
issuance of additional clothing items, and increases in standby pay for Fire Inspectors.
APPROPRIATION CODE AND AMOUNT:
The increased cost associated with the implementation of this agreement to include the cost
of salary and estimated benefits increases is anticipated to be as follows:
FY 2016/17: $462,900 plus 144,480 for benefits = $607,380
FY 2017/18: $607,380 plus 180,197 plus 144,480 for benefits = $932,057
FY 2018/19: $932,057 plus $639,264 plus $144,480 for benefits = $1,715,801
Page 1 City of Clearwater Printed on 9/17/2015
AGREEMENT
Between
CITY OF CLEARWATER
and
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO
Local 1158
FISCAL YEARS
2015-2016
2016-2017
2017-2018
Our Mission is to work
cooperatively with labor
and management to provide
cost effective, top quality
Emergency services while
ensuring and improving the
safety and benefits for our Members
i
Page No.
Table of Contents ........................................................................................................................i-iv
Preamble ............................................................................................................................1
ARTICLE 1 Recognition and General Provisions..............................................................1
Section 1 Exclusive Bargaining Agent..............................................................................1
Section 2 New Classifications ...........................................................................................1
Section 3 Contract Constitutes Entire Agreement.............................................................1
ARTICLE 2 Representatives of Parties...........................................................................1-2
ARTICLE 3 Rights of Parties...........................................................................................2-4
Section 1 Management Rights...........................................................................................2
Section 2 Emergency Conditions.......................................................................................2
Section 3 Union Rights......................................................................................................2
Stewards.............................................................................................................2
Checkoff.............................................................................................................3
Posting of Agreement ........................................................................................3
Bulletin Boards..................................................................................................3
Employee Orientation........................................................................................3
Section 4 No Discrimination..............................................................................................4
ARTICLE 4 No Strike...........................................................................................................4
ARTICLE 5 Labor-Management Cooperation...............................................................4-5
ARTICLE 6 Grievance Procedure...................................................................................5-7
Section 1 Definition...........................................................................................................5
Section 2 Filing Procedures...............................................................................................5
Section 3 Arbitration......................................................................................................6-7
Section 4 Grievance Initiated by the City..........................................................................7
Section 5 Time Limit Exceptions ......................................................................................7
Section 6 Grievance Initiated by Employee.......................................................................7
ARTICLE 7 Personnel Practices....................................................................................7-27
Section 1 Work Schedule...................................................................................................7
Section 2 Assignments.......................................................................................................8
Section 3 Extra Pay Assignment..................................................................................8-12
Section 4 Exchange of Duty Time (Swaps).....................................................................13
ii
ARTICLE 7 Personnel Practices (cont.)Page No.
Section 5 Call-In, Holdover, and Court Time............................................................13-14
Section 6 Daylight Savings Time ....................................................................................14
Section 7 State EOC/FEMA Deployment........................................................................15
Section 8 Pay Plan Administration............................................................................15-17
Promotions.......................................................................................................15
Demotions........................................................................................................15
Acting Pay..................................................................................................16-17
Fair Labor Standards Exemption.....................................................................17
Section 9 Promotional Process.........................................................................................17
Announcements................................................................................................17
Eligibility.........................................................................................................17
Disqualification of Applicants...................................................................17-18
Scope and Character of Evaluation Process.....................................................18
Notification of Results.....................................................................................18
Appeals from Ratings ......................................................................................19
Section 10 Open and Promotional Eligibility Lists...........................................................19
Section 11 Appointments.............................................................................................19-20
Section 12 Probation..........................................................................................................20
Section 13 Light Duty..................................................................................................20-21
Section 14 Line-of-Duty Injury Pay ............................................................................21-22
Section 15 EMS Classifications...................................................................................23-24
Section 16 Firefighter/Driver-Operator.......................................................................24-25
Section 17 Work Rules and Prevailing Rights...................................................................25
Section 18 Subcontracting.................................................................................................25
Section 19 Indemnification................................................................................................26
Section 20 Sports Activities On Duty................................................................................26
Section 21 Lawn Maintenance...........................................................................................26
Section 22 Physical Examination.......................................................................................26
Frequency of Physicals....................................................................................26
Types of Exams................................................................................................26
Immunizations and Inoculations................................................................26-27
iii
ARTICLE 7 Personnel Practices (cont.)Page No.
Sect 22 (cont)Physical Fitness................................................................................................27
Department Physician......................................................................................27
Wellness Re-Opener........................................................................................27
Section 23 Residency Requirement...................................................................................27
Section 24 Tobacco Product Usage...................................................................................27
Section 25 Station Assignments.........................................................................................27
ARTICLE 8 Leaves of Absence....................................................................................28-41
Section 1 Holidays.....................................................................................................28-29
Observed Holidays...........................................................................................28
Floating Holidays.......................................................................................28-29
Selection of Floating Holidays.........................................................................29
Payment for Floating Holidays........................................................................29
Conversion of Floating Holidays to Personal Leave.......................................29
Section 2 Vacation.....................................................................................................29-33
Accrual of Vacation Leave........................................................................29-31
Use of Vacation Leave...............................................................................31-32
Accrual During Military Leave........................................................................32
Conversion to Other Leave..............................................................................33
Payment for Unused Vacation.........................................................................33
Banking of Vacation........................................................................................33
Section 3 Sick Leave..................................................................................................33-37
Accrual of Sick Leave................................................................................33-35
Payment for Unused Sick Leave................................................................35-36
Sick Leave Incentive Program.........................................................................36
Sick Leave Pool...............................................................................................37
Section 4 Funeral Leave...................................................................................................38
Section 5 Absence Without Leave...................................................................................38
Section 6 Time Off From Duty..................................................................................38-39
Section 7 Right to Contribute Work................................................................................39
Section 8 Military Leave............................................................................................39-41
iv
ARTICLE 9 Wages and Compensation.......................................................................41-49
Section 1 Pay Schedule..............................................................................................41-42
Section 2 Pay Schedule Format.................................................................................42-43
Section 3 Merit Step Review...........................................................................................43
Section 4 Rates of Pay.....................................................................................................43
Section 5 Annual Personal Resource Allowance.............................................................43
Section 6 Mileage Reimbursement..................................................................................44
Section 7 Special Teams............................................................................................44-45
Section 8 EMS Wages .....................................................................................................45
Section 9 Training and Tuition Refund ...........................................................................46
Section 10 Clothing and Equipment............................................................................46-48
Section 11 Standby ............................................................................................................48
Section 12 Paycheck Issuance .....................................................................................48-49
ARTICLE 10 Insurance ........................................................................................................49
ARTICLE 11 Performance and Discipline..........................................................................49
ARTICLE 12 Drug and Alcohol Policy................................................................................50
ARTICLE 13 Retirement......................................................................................................51
ARTICLE 14 Seniority, Layoff, and Recall...................................................................51-53
Section 1 Seniority.....................................................................................................51-52
Section 2 Layoffs.......................................................................................................52-53
Section 3 Reemployment Rights......................................................................................53
Section 4 30-Day Notification.........................................................................................53
ARTICLE 15 Duration, Modification, and Termination...................................................53
Section 1 Amendments....................................................................................................53
Section 2 Severability and Waiver...................................................................................53
Section 3 Duration...........................................................................................................54
Signature Page.......................................................................................................................55
APPENDIX A Wages........................................................................................................56-58
1
PREAMBLE
This Agreement is entered into by the City of Clearwater, Florida, hereinafter referred to as the "City,"
and Local 1158 of the International Association of Fire Fighters, AFL-CIO, hereinafter referred to as the
"Union". The Agreement has been negotiated in good faith for the purpose of promoting harmonious
relations, establishing an orderly and peaceful procedure to settle differences which might arise, and setting
forth the basic and full agreement between the parties concerning wages, rates of pay, hours of work, and all
other terms and conditions of employment.
ARTICLE 1
RECOGNITION AND GENERAL PROVISIONS
Section 1.Exclusive Bargaining Agent
The City recognizes the Union as the exclusive bargaining representative in accordance with Chapter
447, Florida Statutes, as amended, for all employees in the bargaining unit defined by the Public Employees
Relations Commission and issued Certification number 122 in Case No. 8H-RA-756-1129 dated September 3,
1975. All persons in the classifications designated Firefighter, Firefighter/Driver-Operator, Fire Medic, Fire
Lieutenant, Fire Medic Lieutenant, Fire Inspector I, Fire Inspector II, and Fire Prevention Inspector shall be
included in the bargaining unit. All others shall be excluded. Any incumbent of the Fire Prevention Inspector
job classification as of the effective date of this Agreement shall be permitted to maintain such job
classification designation. There shall be no further bargaining unit members allocated to the Fire Prevention
Inspector job classification after the effective date of this Agreement.
Section 2.New Classifications
Should the City and the Union agree to establish new job classifications within the Fire Department
which may be in the bargaining unit, the City shall provide notice to the Union not less than 30 days prior to
staffing such classification. The parties shall submit a Unit Clarification Petition to the Public Employees
Relations Commission and shall negotiate appropriate wage rates, hours, and terms and conditions of
employment for such classification.
Section 3.Contract Constitutes Entire Agreement of the Parties
This Agreement contains the entire contract, understanding, undertaking, and agreement of the parties
hereto, and finally determines and settles all matters of collective bargaining for and during its term, except
regarding the City’s Pension Plan and as may be otherwise specifically provided herein.
The parties agree to bargain separately proposed changes in the City’s Pension Plan that deal with mandatory
subjects of collective bargaining and any impact these changes may have on bargaining unit members.
ARTICLE 2
REPRESENTATIVES OF PARTIES
Section 1.The City agrees that during the term of this Agreement it will deal only with the
authorized representatives of the Union in matters requiring mutual consent or other official action called for
by this Agreement. Authorized representatives shall be defined as the elected Officers of the Union and duly
elected or appointed stewards. The Union agrees to notify the City of the name of such authorized
2
representatives as of the execution of this agreement, and any change in elected Officers or appointed stewards
shall be provided by the Union to the Office of the Fire Chief within 72 hours of the change.
Section 2.The Union likewise agrees that during the term of this Agreement the Union and the
employees covered hereunder shall deal only with the City Manager or his/her representative in matters
requiring mutual consent or other official action. The Union specifically agrees that neither the Union nor the
employees covered hereunder shall seek to involve the City's elected officials in the administration of this
Agreement or otherwise in the operation of the City's Fire Department; provided that nothing contained herein
shall restrict an employee's opportunity to present non-employment related matters to such elected officials.
ARTICLE 3
RIGHTS OF PARTIES
Section 1.Management Rights
Except as expressly limited by any provision of this Agreement, the City reserves and retains
exclusively all of its normal and inherent rights with respect to the management of its operations, whether
exercised or not, including, but not limited to, its rights to determine, and from time to time redetermine, the
number, location and type of its various operations, functions and services; the methods, procedures and
policies to be employed; to discontinue the conduct of any operations, functions or services, in whole or in
part; to transfer its operations, functions or services from or to, either in whole or in part, any of its departments
or other divisions; to select and direct the working force in accordance with requirements determined by the
City; to create, modify or discontinue job classifications; to establish and change working rules and
regulations; to establish and change work schedules and assignments; to transfer, promote or demote
employees; to lay off, furlough, terminate or otherwise relieve employees from work for lack of work, lack of
funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees for proper cause; to
alter or vary past practices and otherwise to take such measures as the City may determine to be necessary to
the orderly and efficient operation of its various operations, functions and/or services.
Section 2.Emergency Conditions
If in the sole discretion of the City Manager or Mayor it is determined that civil emergency conditions
exist, including, but not limited to, riots, civil disorders, strikes, hurricane conditions, or similar catastrophes or
disorders, the provisions of this Agreement may be suspended by the City Manager or Mayor during the term
of the declared emergency provided that wage rates and other direct monetary payments shall not be
suspended.
Section 3.Union Rights
A. Stewards:There shall be one (1) Union Official or designee for all bargaining unit members on each shift
for line personnel and one additional Union Official or designee for Fire Prevention personnel. An
employee working on duty shall be represented by the respective (line or inspection) “on-duty”
representative or other union official.
An employee having a grievance shall have the right to take the matter up with his/her Shift Steward or
other Union Officer during working time, provided that neither the employee nor the Shift Steward may
leave their assigned Fire Station or work area outside a Fire Station without prior permission of the Fire
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Chief or his/her specifically designated representative, and, provided further, that the employee and the
Union Official shall not interfere with the normal operations of the Department. It shall be the employee’s
responsibility to obtain a representative when the Fire Chief or his/her designee determines that the on-duty
representative cannot be made available due to operational demands.
All members of the bargaining unit may wear the I.A.F.F. pin on their uniforms.
B.Checkoff: The City shall deduct and provide to the Union on a biweekly basis dues and uniform
assessments owed by the employee to the Union in an amount certified to be correct by the Union
Secretary-Treasurer. Prior to such deduction, the Union shall provide the City with a signed statement
from each employee authorizing such deduction in a form satisfactory to the City.
Any authorization for dues deduction may be canceled by the employee upon 30 days written notice to
the Cityand the Union.
The Union shall indemnify, defend and hold the City, its officers, officials, agents, and employees
harmless against any claim, demand, suit, or liability (monetary or otherwise) and for all legal costs arising
from any action taken or not taken by the City, its officials, agents, and employees correctly complying
with this Section. The Union shall promptly refund to the City any funds received in accordance with this
Agreement which are in excess of the amount of basic and uniform membership dues which the City has
agreed to deduct.
Nothing contained herein shall require the City to deduct from a salary or be otherwise involved in the
collection of Union fines, penalties or special assessments.
In the event an employee's salary earnings within any pay period, after deductions for withholding,
pension or social security, health and/or other standard deductions, are not sufficient to cover dues it will
be the responsibility of the Union to collect its dues for that pay period from the employee.
C. Posting of Agreement:The City and the Union agree that this Agreement shall be posted by the City in
a conspicuous place at each Fire Station. Further, the City agrees that it will print the required amount of
copies, no later than 75 days after such Agreement has been ratified by all concerned parties, and distribute
same to the Union. The Union agrees, within 30 days after receipt of copies of this Agreement, to supply
individual copies of this Agreement to each current member of the bargaining unit and thereafter to
provide an individual copy to each new bargaining unit member within 30 days of their becoming a
bargaining unit member or allow the City to retain copies to provide at new employee orientation. The
City and the Union shall each bear one-half of the cost of production of the copies of the Agreement, the
number of which shall be mutually agreed upon prior to printing. The City and the Union shall agree on
the format.
D. Bulletin Boards:The City agrees to provide a 2 feet x 4 feet space on bulletin boards at each Fire Station
for posting by the Union of notices of meetings or other official Union information; provided, the Assistant
Chief or his/her designee shall first review such posting, and if found to be outside of the scope of this
Section, such posting shall be modified to the mutual agreement of the parties. The Assistant Chief will
continue to include the Union notices in the intra-departmental mail which he/she delivers to the stations.
E. Employee Orientation: The City shall permit the Union to make a presentation to all new bargaining
unit members at the City new employee orientation. Subject matter of the Union presentation and any
Union materials to be distributed must be approved by the City Manager or his/her designee.
4
Section 4.No Discrimination
The City and the Union specifically agree that the provisions of this Agreement shall be equally
applicable to all employees covered herein without regard to race, color, religion, sex, national origin,
membership or non-membership in labor organization, sexual orientation, or age, as provided by law.
Any claim of discrimination under Federal or State civil rights laws by an employee against the City,
its officers or representatives shall not be grievable or arbitrable under the provisions of Article 6 but shall be
subject only to the method of review prescribed by law. Nothing herein contained shall preclude the right of
an employee to grieve and arbitrate disciplinary action taken by the City, except as otherwise herein provided.
ARTICLE 4
NO STRIKE
Section 1.The Union agrees that during the term of this Agreement, it shall not authorize,
instigate, condone, excuse, ratify or support any strike, slowdown, sit-down, work stoppage or any other act of
like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported
by members of the Union and/or employees represented by the Union or other agents or representatives of the
Union. The parties specifically incorporate herein the provisions of FS. 447.505, 447.507 and 447.509.
Section 2.Should the Union or employees covered by this Agreement within the City's Fire
Department breach this Article, the City may then proceed against the Union as covered in FS 447 and such
sections of state and federal law that may apply. The City would also be entitled to obtain an injunction with
notice at ex-parte hearing for breach of this Article.
Section 3.Should any member of the bargaining unit be found guilty of striking as defined in
Chapter 447, Florida Statutes, he/she shall be subject to dismissal, and it is expressly agreed that such violation
constitutes just cause for dismissal.
ARTICLE 5
LABOR-MANAGEMENT COOPERATION
A.The City and Union agree to maintain a cooperative Labor/Management committee for the IAFF Local
1158 bargaining units. The committee shall consist of an equal number of members of each party not
to exceed a total of eight (8) members. It is understood that this committee in no way is a substitute for
the grievance procedure or the right of collective bargaining but has been established for the purpose of
discussion and input from both sides on matters that may be mutually resolved by the parties or may
eventually become items of collective bargaining, grievances, or litigation.
The Labor/Management Committee will meet quarterly or as deemed necessary by the Committee.
Either side may cancel a meeting with 24 hours notice. A cancelled meeting may be rescheduled with
mutual consent. The Committee will draft bylaws addressing administrative protocols. Adoption and
any changes to bylaws shall require a simple majority vote among all members of the Committee.
5
B. Department Safety Committee
1.Authority. The Clearwater Fire and Rescue Occupational Health and Safety Committee shall be
established in accordance with the direction as outlined in Florida Stature 633.810, “Workplace
safety committees and safety coordinators.”
2.Membership. The committee shall be made up of an equal number of bargaining unit members
to be appointed by the Union and Fire Department management staff officers to be appointed by
the Fire Chief or his/her designee, not to exceed a total of eight members.
3.Workplace Safety Coordinator. The Clearwater Fire and Rescue Health and Safety Chief shall
be designated as the department Workplace Safety Coordinator for the purpose of chairing the
committee and providing administrative support.
4.Meetings. Upon approval of this agreement by the City Council, the committee shall meet
within thirty calendar days thereafter to establish those duties and procedures as outlined in, but
not limited to, Florida Statute 633.810, and as approved by the Fire Chief or his/her designee.
ARTICLE 6
GRIEVANCE PROCEDURE
Section 1.A grievance shall be defined as any difference, dispute or complaint regarding the
interpretation or application of the terms of this Agreement, including Civil Service Rules and Regulations,
except as exclusions are noted in other articles of this Agreement. The grieving party must state in writing the
remedy sought to resolve the grievance.
Section 2.All grievances filed shall be submitted on the appropriate form (City form #9900-0061,
IAFF Grievance Form), and shall refer to the specific Article and section of this Agreement or Civil Service
Rules and Regulations upon which the grievance is based, and shall contain a concise written statement of the
facts alleged to support the grievance, and shall be signed by the grievant or representative. A Grievant may
be accompanied by a representative of the Union at any time during the Grievance Procedure. Newly hired
probationary employees shall not have access to the Grievance Procedure for any matter of discipline
(including discharge), assignments, scheduling, or access to training opportunities during the probationary
period. Any grievance by a permanent employee relating to suspension or dismissal shall be initiated at Step
2.
A grievant is prohibited by law from filing an appeal with the Civil Service Board once a grievance is
filed. This shall specifically include grievances relating to suspensions, demotions, and dismissals.
Grievances may be filed and processed by the Union except grievances of discipline that must be
initiated by the disciplined employee.
As used in this Article, the term "employee" may also mean a group of employees having the same
grievance. In such event, one employee shall be designated by the group of employees to act as a
spokesperson and shall be responsible for processing the grievance. All employees in the group shall be
identified, however only the spokesperson needs to sign the grievance.
For purposes of this Grievance Procedure, normal working hours shall be considered 8:00 a.m. to 5:00
p.m. and normal workdays shall be considered Monday through Friday, holidays excepted.
6
STEP 1
The grievant shall present his/her grievance in writing to his/her Assistant Chief or Fire Marshal within
10 work days after the grievant has knowledge or constructive knowledge of the occurrence of the action
giving rise to the grievance. The Assistant Chief or Fire Marshal shall arrange for a meeting with the grievant
within 10 work days of receipt of the grievance. Discussions will be informal for the purpose of settling
differences in the simplest and most direct manner. The Assistant Chief or Fire Marshal shall review the
grievance and submit a decision in writing to the grievant within 10 work days from the date of the meeting. If
the grievance is not resolved at Step 1, the grievance may be appealed to Step 2.
STEP 2
If the grievance is not settled at the first step, the grievant shall, within 10 work days of the date of
written notification from the Assistant Chief or Fire Marshal, present the written grievance to the Fire Chief or
his/her designee. The Fire Chief or his/her designee shall obtain the facts concerning the alleged grievance and
shall, within 10 work days following receipt of the written grievance, meet with the grievant. The Fire Chief
or his/her designee shall review the grievance and notify the grievant of his/her decision in writing not later
than 10 work days following the meeting day. If the grievance is not resolved at Step 2, the grievance may be
appealed to Step 3.
STEP 3
If still unresolved, the grievance may be submitted to the City Manager or his/her designee within 10
work days of the date of written notification from the Fire Chief or his/her designee. At the request of the
grievant, the City Manager or his/her designee shall meet with the grievant. The grievant must make this
request to meet with the City Manager at the time of submission of the grievance to the City Manager or
designee. If so requested, the City Manager or designee shall arrange a meeting with the grievant within 10
work days of the request. The City may determine who shall meet with the employee. Within 10 work days
of the meeting, the City Manager or his/her designee shall notify the employee, in writing, of his/her decision.
If no meeting is requested by the grievant at the time of submission of the grievance to the City Manager or
designee, the City Manager or designee shall notify the employee of his/her decision in writing within 10 work
days of receipt of the grievance. If a grievance is not submitted to the City Manager or his/her designee, it
shall be deemed to have been resolved at Step 2 to the grievant’s satisfaction. The City shall notify the Union
in writing of any change in the City Manager’s designee for the receipt or hearing of grievances.
Section 3.In the event that the grievance is still unresolved, the matter may be submitted to final
and binding arbitration as provided in this section.
A.Within 10 work days of the decision of the City Manager, the aggrieved party shall notify the City
Manager of his/her intent to arbitrate. Concurrently, said party shall request from the Federal
Mediation and Conciliation Service a list of seven names of qualified arbitrators. After the receipt of
such a list, representatives of the parties shall meet and each party shall strike three names. A flip of
the coin shall determine who shall strike the first name, and then the other party shall strike a name.
The process shall then be repeated until one name remains and the remaining name shall be the
arbitrator selected and notified of his/her selection as arbitrator. As promptly as can be arranged, the
7
arbitration hearing shall be held. Each party shall pay its own expense for its representative, counsel
and witnesses. The charges of the arbitrator shall be shared equally by the City and the aggrieved
party. The decision of the arbitrator shall be final and binding on both parties, except that either party
may seek review as provided by law. The arbitrator shall have no power to add to, subtract from,
modify or alter the terms of this Agreement.
B.Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of this
Agreement shall be furnished to both parties within 30 calendar days from the close of the hearing or
as otherwise agreed to by both parties.
Section 4.Formal Processing of Grievance Initiated By The City
Where any provision of this Agreement involves responsibility on the part of the Union which, in the
view of the City, is not properly being carried out, the City may present the issue to the Union as a grievance.
If such grievance cannot be resolved by discussion between the City and the unit representative on an informal
basis, the grievance may be formally filed in writing by the City Manager or his/her designee by giving written
notice to the business agent of the Union. Such notice shall indicate the provision(s) of the Agreement which
the City contends is/are not properly being carried out by the Union. If not resolved within 10 work days
following receipt by the Union of the written grievance, the City may submit the grievance to arbitration under
the provisions of Section 3 of this Article.
Section 5.All of the time limits contained in this Article may be extended by mutual written
consent of the parties.
Section 6.If an employee chooses to process his/her own grievance, the Union must be invited
to attend any meeting where the resolution of the grievance may occur. FS 447.301(4)
ARTICLE 7
PERSONNEL PRACTICES
Section 1.Work Schedule
A. Hours and Days of Work: Shifts shall start at 8:00 A.M. each work day and end at 8:00 A.M. the
following morning. Total: 24 hours. Coverage shall consist of three shifts: "A", "B", and "C", which will
work in the following rotation (see sample monthly work schedule below):
Sunday
Monday Tuesday Wednesday Thursday Friday Saturday
1 work 2 off 3 work 4 off 5 work 6 off 7 off
8 off 9 off 10 work 11 off 12 work 13 off 14 work
15 off 16 off 17 off 18 off 19 work 20 off 21 work
22 off 23 work 24 off 25 off 26 off 27 off 28 work
29 off 30 work, etc.
B. Inspection Division: Fire Inspectors will work in shifts of 8:00 A.M. to 4:30 P.M. and 7:30 A.M. to
4:00 P.M., Monday through Friday, with a 30-minute lunch break for each inspector. The Chief reserves
the right to assign the necessary personnel to each shift which, in his/her judgment, provides for most
effective departmental operations.
8
C. Kelly Days:
1.Employees will be awarded a Kelly Day after every 18 days worked. This means they will be
scheduled to work 18 consecutive shift days and will be scheduled off the 19th scheduled shift day.
This will result in a 53.0526 hour average work week.
2.Kelly Day rotations for each position will be determined by the Department. Individual employees’
Kelly Day rotations will not be changed except when an employee changes job classification or shift.
It is understood that when an employee changes job classification or shift, he/she will be assigned to
the Kelly Day rotation for the position being filled. Employees may exchange Kelly Days in
accordance with the procedures for exchanges of on-duty time as set forth in Article 7, Section 4 of this
Agreement. A Kelly Day may be exchanged only one time between two employees, and once
exchanged may not be exchanged again thereafter with another employee
3.When a Kelly Day occurs within a block of days that have been selected by an employee for vacation,
the Kelly Day shall not be counted against the employee’s vacation leave accrual balance and the
vacation leave hours may be used toward a single vacation day request instead. The single vacation
day in such case may be submitted during the vacation pick process after the two rounds of vacation
“block” selections and before the selection of any “bonus” days, floating holidays, or sick leave
incentive days. The single vacation day may also be submitted at any time during the year, subject to
availability and the operational demands of the Department, in accordance with Article 8, Section 2, B.
7. of this Agreement.
Section 2.Assignments
A.New and existing employees may be reassigned for Light Duty, training, out-of-area
deployments, or voluntary special project opportunities. Employees shall continue to be paid their standard
biweekly pay during such assignments. All hours actually worked during such assignments shall be counted
toward the calculation of overtime at the end of the established FLSA cycle in accordance with Article 7,
Section 8, D.
B.Additional work hours assigned through the Mandatory list and Relief list for staffing of
response units (seat pay), and for staffing of special events units, shall be paid at the overtime rate as defined in
Article 9 Section 4. All other hours worked shall be compensated in accordance with the Federal Fair Labor
Standards Act.
Section 3. Extra Pay Assignments
Department policy may require the scheduling of Extra Pay and/or mandatory Holdover
assignments. The department shall attempt to equalize Extra Pay and mandatory Holdover to the extent
practicable. The selection of certified and/or individuals who possess specialty qualification(s) may be
required and shall be allowed. The Fire Chief shall determine the method(s) for administering Extra Pay
and mandatory Holdover provided that methods used shall be in compliance with the requirements
herein. Extra Pay and mandatory Holdover administration shall be coordinated at the Fire Assistant Chief
level except as otherwise assigned by the Fire Chief or his/her designee.
9
Upon ratification of this agreement, the department shall have up to 90 days to implement the
methodology for Extra Pay and mandatory Holdover administration contained herein. During the
implementation period, all practices and procedures currently in effect shall be maintained.
Extra Pay work shall be defined as that time worked by an employee in addition to the employees
regularly scheduled hours where the employee is assigned through the TeleStaff Sign-up list and
Mandatory Holdover list for staffing of response units (seat pay; for staffing of special events units, and
shall be compensated at the overtime rate as defined in Article 9 Section 4. All other hours worked shall
be compensated in accordance with the Federal Fair Labor Standards Act.
A.Extra Pay Signup
1.Employees shall be responsible for signing up for Extra Pay eligibility on the specific days
they elect to work Extra Pay. Employees may sign up to work only from 0800-2000; or only
from 2000-0800; or both time periods. Employees may modify their sign-up to include a
specific time-frame. Employees will only be considered for Extra Pay vacancies that span the
time frame included in the sign-up. Sign-up access shall be available at each fire station,
through the TeleStaff program.
2.Personnel may sign-up, or remove a sign-up, at any time prior to the filling of Extra Pay
vacancies. The department may begin filling Extra Pay vacancies as the vacancies become
known Extra Pay Vacancies in a three-shift work cycle (“Trick”) may be filled anytime after
the start of the three-shift work cycle that immediately precedes the work cycle where the
vacancies exist.
3.Personnel shall be responsible for maintaining their Extra Pay contact numbers in a manner
so that an employee can be contacted.
B.Extra Pay Credits
1.Employees shall be assigned credits hour for hour based on the Extra Pay hours worked in a
regular shift assignment.
2.Employees who sign-up for Extra Pay and then refuse an Extra Pay offer when contacted
between 07:00 and 08:00 hours on the morning where the Extra Pay vacancy occurs, shall be
assigned credits equaling the number of hours of the Extra Pay vacancy. No credits shall be
added for a refusal after 08:00 hours. No credits shall be added for refusal of shifts less than
12 hours. Inability to contact an employee who has signed up for Extra Pay shall not be cause
for adding credits.
3.New employees shall be eligible for Extra Pay assignment after six months of continuous
service. These employees shall be assigned a number of credits equal to the average
accumulated by all employees in the same classification at that time.
4.Extra Pay credits shall not be carried over from year to year and shall be zeroed out effective
January I of each year. Initial Extra Pay assignments at the start of each year shall be made
on the basis of Department seniority among employees in the same classification. Should
two or more employees have the same seniority they shall initially be arranged on the list
alphabetically by last name.
5.The department shall maintain overtime credit lists as referenced in the various sections of
this article. In addition, the department shall maintain a master Credits list to include all
personnel from all shifts, which shall include all types of Extra Pay work. The credit lists
shall be used to equalize Extra Pay to the best extent possible. All lists maintained by the
10
Department are maintained in the TeleStaff Program, which is available to all users.
6.shall be made available to the Union upon request.
C.Shift Extra Pay Selection Procedures
1.The Fire Assistant Chief shall be responsible for the assignment of on-duty personnel to provide
adequate staffing according to the Department's minimum staffing requirements. Employee's who
are on current promotion eligibility lists or who are placed on established "Acting" eligibility lists
upon meeting the minimum qualifications and having been deemed qualified by the Department
for the necessary classification shall be transferred, assigned laterally, or utilized in an Acting
capacity prior to the scheduling of Extra Pay. However, if an employee has taken the most recent
promotional exam for that position and not passed, they shall not be deemed as meeting
qualifications. Employees shall be chosen who will result in the least amount of disruption to
operations. The Department will attempt to equalize acting opportunities among eligible
employees to the extent practicable. When the number of on-duty personnel is sufficient to
provide coverage to meet the Department's minimum staffing requirements, no assignment of an
individual to an Acting capacity shall occur if it will result in the necessity of Extra Pay.
2.When the Department determines that a operational vacancy requires Extra Pay, the Fire
Assistant Chief shall initiate procedures to offer the Extra Pay assignment to personnel who are
signed up for the that vacancy period. When the Extra Pay vacancy is filled greater than 12 hours
prior to the start of the shift where the vacancy exists, Extra Pay offers shall be made in the
following order:
a. Qualified personnel who hold the same classification as the position necessitating the Extra
Pay; sorted by least number of credits; then department seniority; then alphabetical order of
surname.
b.Qualified personnel who are deemed qualified to act either up or down in the position
necessitating the Extra Pay; sorted by least number of credits; then department seniority;
then alphabetically by last name.
3.If none of the employees who hold the same classification as the Extra Pay vacancy
(paragraphs 2a, above) accept the Extra Pay offer, the Fire Assistant Chief shall have the
option to fill that vacancy with on-duty personnel who are deemed qualified to act in that
position, and then backfill the resulting vacancy. The Department shall not be
obligated to fill the vacancy with an employee who signs-up after this option is
implemented. Employees who have failed the most recent promotional exam for the position
shall not be deemed qualified to act in that position.
4.When an Extra Pay vacancy occurs following 1700 hours on the previous shift (same
shift-label as the vacancy); the Fire Assistant Chief shall be permitted to fill the Extra Pay at
the level of classification of that vacancy from the off going shift.
5.When a vacancy occurs on short-notice and affects operations by placing apparatus below
minimum staffing levels, the Fire Assistant Chief may fill the vacancy in the most expeditious
manner available at that time, in the manner as close to the regular established procedures (in
paragraph C.2. above) as possible.
6.If an employee cancels leave that had created a vacancy, the Extra Pay employees who were
selected to fill that vacancy may be cancelled regardless of credits or seniority. There will be
no credits assigned to employees who are cancelled.
7.Short-term Extra Pay vacancies created by travel between stations and other short duration
events that occur at shift change will be filled by the employee from the previous shift that is
in the position creating the vacancy. That employee may arrange for another employee to
holdover, subject to approval by the applicable Fire Assistant Chief.
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D.Mandatory Holdover Extra Pay
l. The Mandatory Holdover Extra Pay procedures will be utilized by the Department when
vacancies cannot be staffed with Shift Extra Pay Selection procedures (Para C. above);
however, Mandatory Holdover Extra pay shall not be applied until the shift before the Extra
Pay vacancy will occur. Mandatory Holdover Extra Pay assignments will be rotated among
all employees in accordance with the employee's respective job classification and shift.
Employee names will be initially arranged at the first of each year on the Mandatory Extra
Pay list by job classification in the order of least senior to most senior.
2. Mandatory Holdover Extra Pay assignments will not exceed 12 hours in duration. Start and
end times will be determined by the Fire Assistant Chief.3.When the need to utilize
Mandatory Holdover Extra Pay arises, the Fire Assistant Chief will first use the Mandatory
Holdover Extra Pay list from the shift working the day previous to the Holdover Extra Pay
vacancy. Employees shall be chosen from the same classification as the vacancy creating the
Holdover. Exceptions to the same-classification clause may be made when a vacancy
requires a specialty that cannot be fulfilled using same-classification.
3. The list will be utilized in descending order using the first employee in that classification that
is qualified to fill the position creating the vacancy. Employees not present at shift change
due to approved leave will be bypassed and their position on the list will remain the same.
4.An employee selected for Mandatory Holdover Extra Pay assignment will have the
opportunity to arrange for a substitute to fill the assignment. The substitute must be approved
by the applicable Fire Assistant Chief. The employee who was initially assigned Mandatory
Holdover Extra Pay shall not be relieved of duty until approval for the substitution is issued
by the Fire Assistant Chief. When an approved substitute fulfils the Mandatory Holdover
Extra Pay assignment, the employee initially subject to the assignment will be moved to the
bottom of the list and the position of the substitute employee will remain unchanged on the
list.
5.An employee who will not be present at their next-shift start time due to scheduled
approved leave will not be subject to assignment from the Mandatory Holdover Extra Pay list
from the end of his/her last shift immediately preceding the leave, until the start of his/her
first shift immediately following the leave, and the next applicable employee on the list will
be selected instead. When an employee is bypassed for a Mandatory Holdover Extra Pay
based on this exemption, they shall maintain their current position on the Mandatory Extra
Pay list.
6.Failing all of the above, the Fire Assistant Chief will contact the Fire Division Chief to
determine the appropriate course of action. Until the appropriate course of action is
determined, apparatus will remain in service utilizing the employee who is currently in the
position creating the vacancy.
E.Special Event Extra Pay
1.The Department will provide notification of Special Event Extra Pay opportunities to all
members of the bargaining unit. Notification will include the type and location of the event,
the anticipated start and end times of the event, the number of personnel, respective job
classifications and specialties needed, and deadline to respond. Employees may signup, or
remove a signup, for special event Extra Pay up to the point that the Extra Pay is assigned
which may occur anytime after the published deadline.
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2.The selection of certified and/or individuals who possess specialty qualification(s) may be
required and shall be allowed. Special Event Extra Pay offers shall be made in the following
order:
a.Qualified personnel who hold the same classification as the position necessitating the Extra
Pay sorted by least number of credits; then department seniority; then alphabetically by last
name.
b.Qualified personnel who are deemed qualified to act either up or down in the position
necessitating the Extra Pay sorted by least number of credits; then department seniority;
then alphabetically by last name. . However, if an employee has taken the most recent
promotional exam for that position and not passed, they shall not be deemed as meeting
qualifications.
3. If none of the employees who hold the same classification as the Extra Pay vacancy
(paragraphs 2a, above) accept the Extra Pay offer, the Fire Assistant Chief shall have the
option to fill the special event vacancy with on-duty personnel who are deemed qualified for
that position, and then backfill the resulting shift vacancy.
4. Employees shall be assigned credits hour for hour based on the Extra Pay hours worked in a
special event assignment. Credits shall be applied to the same credit "bucket" as shift Extra Pay
credits.
5. When there are an insufficient number of employees available from the special event Extra Pay
sign-up list, mandatory assignment may be utilized in accordance with the procedures
described in paragraph D above. If the vacancies cannot be filled with personnel from the shift
prior to the Special Event, the mandatory list for the shift on four-days off may be utilized
subject to the provisions of paragraph D.
6. Employees who are signed up for a special event assignment and subsequently refuse that
assignment will be assigned credits equaling the number of hours of the event refused.
7. New employees shall be eligible for special event Extra Pay after six months of continuous
service. These employees shall be assigned a number of credits equal to the average
accumulated by all employees in the same classification at that time.
8. Extra Pay credits shall not be carried over from year to year and shall be zeroed out effective
January 1 of each year. Initial special event Extra Pay assignment each year shall be made on
the basis of Department seniority among employees in the same classification.
F.Emergency Conditions Extra Pay
When the Fire Chief determines that a state of emergency does or may exist, including, but not
limited to natural or manmade disaster, civil disturbance, or other situation necessitating increased
staffing for operational effectiveness, the procedures listed above may be bypassed during the
state of emergency and staffing will be established according to operational needs. However,
compensation for Extra Pay assignments shall still be in effect.
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Section 4.Exchange of Duty Time
Employees within the Department may exchange on-duty time upon the following conditions:
A.That the employee filling in be acceptable to the applicable Fire Assistant Chief prior to the change. With
the approval of the applicable Fire Assistant Chief, Fire Medic Lieutenants and Acting Fire Medic
Lieutenant - qualified Fire Lieutenants shall be permitted to exchange on-duty time.
B.That the employees desiring the exchange notify the company officer of the anticipated change not less
than 24 hours prior to the start of the anticipated change unless such exchange arises under emergency
situations.
C.That no employee may be allowed to exchange more than 120 hours per fiscal year. Each time an
employee is permitted to allow another employee to work in his/her place in accordance with this
exchange provision, the number of hours to be exchanged will be counted toward the established limit
only for the employee who has been permitted to allow another employee to work in his/her place.
D.That the employee working the time will be covered by all applicable benefits in case of injury while
filling in, but will not receive pay for this period.
E.If the employee agreeing to loan or fill in time is sick or fails to appear for the exchange, his/her
appropriate leave account or pay will be charged.
F.The employee agreeing to fill in for another member is obligated to remain on duty in the absence of the
person with whom the exchange is made.
G.Notwithstanding any provision to the contrary above, the City shall not be required to allow an exchange
if doing so would impose upon the City liability for any additional overtime compensation over what
persons may otherwise be entitled to. Prior to discontinuing the exchange allowance for this reason the
City shall notify the Union concerning the legal basis for the decision to do so.
H.Time exchange is subject to a one hour minimum and at one hour increments. Any premium of acting
pay shall be in accordance with this Agreement and Departmental policy.
I.Kelly Days may be exchanged between bargaining unit members in the same job classification only. An
exception to this restriction may be made if the employees involved and department management all agree
to the exchange. Kelly Day exchanges shall not count towards the 120 hours allotted for swaps in a year.
J.Bargaining unit members on a Kelly Day shall not be counted towards the total allotted number of
employees allowed off for any given day.
Section 5.Call-in/Holdover/Court Time
A.When an employee is called in to work less than 48 hours prior to the start of his/her regularly
scheduled shift to perform the duties and responsibilities of an established Fire Department job
classification, he/she will be paid a minimum of four hours at the overtime rate of pay. The City may
require the employee to remain on duty for the duration of the four hour period or for as long as he/she
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is needed, at the option of the City. The procedures outlined in Article 7, Section 3 of this agreement
shall be used to fill positions when a call-in is necessary. All hours actually worked during such call-in
shall be counted toward the calculation of overtime at the end of the established FLSA cycle in
accordance with Article 7, Section 8, D of this Agreement.
B.When an employee is held over past the end of his/her regularly scheduled shift to perform the duties
and responsibilities of an established Fire Department job classification, the time held over shall be
paid at the overtime rate of pay and shall be counted as time worked toward the calculation of overtime
at the end of the established FLSA cycle in accordance with Article 7, Section 8, D of this Agreement.
The City may require the employee to remain on duty until a relief employee arrives, in order to
maintain staffing levels when the absence of such employee or employees would result in the removal
of a unit or units from service. The holdover provision above will be utilized only until the position
can be filled by use of the overtime procedures outlined in Article 7, Section 3 of this Agreement.
C.Any employee whose appearance is required in Circuit Court or County Court as the result of a matter
arising out of the course of his/her employment, shall receive a minimum of two hours pay if such
attendance is during the employee's off-duty hours. This time will be paid at the regular rate of pay
and will be counted as hours worked toward the calculation of overtime. This same provision shall
also apply when the employee is subpoenaed to appear at the State Attorney's Office, Public Defender's
Office, or a private attorney's office, in a criminal case arising from the employee's course of
employment. However, this provision shall not apply when an employee or the Union has brought an
action against the City or any City official.
D.Leave with pay will be granted for those hours spent by an employee on jury duty that fall during the
employee’s scheduled work hours only. The employee will notify his/her Fire Assistant Chief
immediately upon learning of selection for jury duty. Scheduled work hours that the employee is
released from work with pay for jury duty shall not count as hours worked for the purpose of
determining overtime. The employee may be required to provide evidence of jury duty service in
order to receive compensation for such hours.
E.Employees who participate in meetings or on committees at the request of the City shall have all
such time counted as hours worked and shall be paid at their regular rate of pay. The holdover and
call-in provisions as outlined in this Section shall not apply to time spent participating in meetings
or on City committees.
Section 6.Daylight Savings Time
All bargaining unit members on the regularly scheduled shift in the Fall that as a result of Daylight
Saving Time actually work (sweat) twenty-five hours shall receive their standard biweekly rate of pay plus
one additional hour in the affected pay period. The additional hour actually worked shall be counted
towards the calculation of Overtime at the end of the respective FLSA cycle.
All bargaining unit members on the regularly scheduled shift in the Spring that as a result of
Daylight Saving Time actually work (sweat) twenty three hours shall receive their standard biweekly rate
of pay in the affected pay period. The additional hour not actually worked shall count as hours actually
worked and shall be counted towards the calculation of Overtime at the end of the respective FLSA cycle.
Vacation, Floating Holiday, and Sick Leave days used on the affected days shall count as 24 hours
(if the entire shift is used) in either of the above instances. Exchanges of on-duty time (swaps) on the
affected days shall be treated in accordance with Section 4 of this Article. As such, the regularly scheduled
employee shall be entitled to credit for the additional hour in the Fall.
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Section 7.State EOC/FEMA Initiated Emergency Deployment
It is understood that the Department may deploy personnel to render aid and assistance to other
jurisdictions in accordance with State EOC and or FEMA initiatives. No bargaining unit employee will be
involuntarily assigned to deploy under this paragraph. Such deployments shall not be subject to the call-in
provisions as outlined in Section 5 of this Article. Employees subject to such deployments shall not suffer a
loss of any regular pay the employee would otherwise have received if not dispatched as a result of the
assignment. However, any pay above and beyond the employee’s regular pay shall be based upon and subject
to Section 2 of this Article and the reimbursing agency guidelines. Where such guidelines are available, they
shall be provided to the employees at the time of assignment.
Employees who are deployed in accordance with the provisions above shall be eligible for any
applicable insurance, including Workers Compensation, to the extent provided by the plan terms or applicable
law for the duration of such deployment.
Section 8.Pay Plan Administration
A. Promotions:
1.Upon promotion from one classification to a higher level classification, an employee shall be placed
into the step number in the higher level classification which is the same as the step number to which
he/she is assigned in his/her current classification (for example, a Step 6 Firefighter would be promoted
into Step 6 of the Fire Medic range or a Step 5 Fire Medic would be promoted into Step 5 of the Fire
Lieutenant range. Any portion of the promotional increase which, when annualized, exceeds the
established pay range maximum shall be paid as a one time lump sum bonus payment, and such
employee’s base rate of pay shall be adjusted to the pay range maximum. Under no circumstances
will the employee’s promotional base rate of pay exceed the established pay range maximum.
2.A higher level classification shall be deemed to be one having a higher maximum rate of pay. A
promoted employee shall maintain his/her existing annual performance review date for the purpose of
determining eligibility for subsequent annual performance reviews.
B. Demotions:
1.An employee who is demoted voluntarily, for lack of work occasioned by consolidation of a municipal
function by another governmental agency, for lack of work generally, for lack of funds, or for other
causes beyond his/her control, shall be placed into the step number in the lower level classification
which is the same as the step number to which he/she is assigned in his/her current classification (for
example, a Step 6 Fire Medic would be demoted into Step 6 of the Firefighter range or a Step 5 Fire
Lieutenant would be demoted into Step 5 of the Firefighter/Driver-Operator range).
An employee may be allowed, with the prior approval of the Fire Chief, to demote only to a lower
level classification for which a position vacancy exists and for which the employee meets the
minimum eligibility requirements at the time of demotion. A demoted employee shall maintain
his/her existing annual performance review date for the purpose of determining eligibility for
subsequent annual performance reviews. A demotion shall be defined as any change of an
employee from a position in one class to a position in a class of a lower level. A lower level
classification shall be deemed to be one having a lower maximum rate of pay. For non-voluntary,
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non-disciplinary demotions, such employee shall be placed at the head of the reemployment list for
the class from which he/she was demoted.
2.An employee who is appointed from layoff from the reemployment list to a position in the department
in which he/she previously served shall be paid at the step in the pay range which is equivalent to the
step he/she was receiving when he/she was separated and shall be eligible for advancement to the next
step when he/she shall have been re-employed a sufficient number of days to make up the number of
days he/she lacked for eligibility at the time of separation. An employee who is appointed from the
reemployment list to his/her previous higher level classification after having taken a non-voluntary,
non-disciplinary demotion shall be placed into the corresponding step in the higher level classification
that is the same as the step number to which he/she is assigned in the current classification and shall
maintain his/her annual review date for the purpose of determining eligibility for subsequent annual
performance reviews.
3.An employee who is appointed from the reemployment list to a position in another department than
that in which he/she was previously employed may be paid at the same step or rate of pay in the pay
range as that which he/she was being paid when separated, or any step or rate of pay within the range
which is not above the step or rate of pay at which he/she was previously paid.
C. Acting Pay
1.Acting pay shall be provided to any employee who is assigned in an acting capacity to a position in a
class of a higher level for a minimum of four hours. An employee shall be deemed qualified and shall
be required to act in a higher level classification if he/she is on the existing eligibility list, or if he/she
is placed on an established “Acting” eligibility list upon being determined, after agreeing to participate
in a process to be conducted by the Department, to meet guidelines established by the Department for
the higher level classification. The Fire Assistant Chief shall fill Acting assignments when the
Department is at or above minimum staffing levels by choosing employees who will result in the least
amount of disruption to operations and in accordance with Article 7, Section 3, C.
2.Acting Pay shall be 5% above the employee’s current base rate of pay.
3.Acting Pay Removal
Acting pay shall cease to be paid to a bargaining unit member when:
The employee is reassigned, transferred, demoted or promoted to any position not involving the
performance of the acting function, or the acting position is removed by the Department or other
appropriate authority pursuant to provisions of the collective bargaining Agreement. Acting pay
terminates at the time of the job function change or at the time of the formal assignment removal.
Any employee who has elected to be included on the established “Acting” eligibility list may,
with 30 days notice, be voluntarily removed from the list. The Department at its discretion may at any
time remove an employee from the “Acting” eligibility list. The Department will provide the
employee with the reason for removal from the list. Those Paramedic certified employees who are
assigned to the non-Paramedic classifications of Firefighter and Firefighter/Driver-Operator, and
who elect to voluntarily be removed from the “Acting” eligibility list and no longer be eligible for a
Paramedic certification pay differential, shall not be permitted to request reinstatement to the
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established “Acting” eligibility list for a period of six months from the time they are removed from
the list.
4. Acting Eligibility List Shortages
In the event the Department determines that an insufficient number of employees are willing or
qualified to serve in an Acting capacity for a given job classification, the Union agrees to discuss and,
if necessary, negotiate changes or impacts as required by law. This includes but is not limited to
changes such as qualification requirements for classifications and promotion, modification of external
hiring and employment criteria, modification or elimination of job classifications, or changes to Acting
requirements.
D. Fair Labor Standards, Section 7(k) Exemption
1.The City of Clearwater Fire Department, pursuant to the Fair Labor Standards Section 7(k) exemption,
has established a 27-day work cycle for employees in the bargaining unit who work a 106 hours
average biweekly schedule.
2.All employees in the bargaining unit with the exception of Fire inspection personnel shall be paid
overtime only for all regular hours actually worked in excess of 204 hours during the designated 27-
day work cycle. Fire inspection personnel assigned to a 40-hour weekly schedule shall be eligible for
overtime for all hours actually worked in excess of 40 hours per work week.
Section 9.Promotional Process
A.Promotional evaluation announcements will be posted in each station at least 30 days prior to the filing
deadline.
B.Each announcement of a promotional evaluation shall state:
1.The title of the class for which the eligibility list is to be created.
2.The nature of the work to be performed.
3.The minimum qualifications which may be required for admission to the evaluation process.
4.The general scope of the evaluation process to be used.
C.Eligibility for promotional evaluation processes may be restricted to persons employed in designated
lower classes and/or in designated organizational units.
D.Disqualification of Applicants
The Human Resources Director, on behalf of the City, may reject the application of any person for
admission to any evaluation process or refuse to evaluate any applicant or to certify the name of an eligible
for appointment if, in his/her opinion, it is found:
1.That the applicant fails to meet the established qualification requirements for the classification.
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2.That the application was not filed on or before the closing date for receipt of applications specified in
the public announcement.
3.That the applicant has made an intentional false statement as to any material fact, has practiced or
attempted to practice deception or fraud in his/her application or in securing eligibility or appointment.
This provision shall be interpreted to include the use of any other than the applicant's legal name in
making application.
4.That the applicant has a record of previous unsatisfactory service in City employment or elsewhere for
the past two years of such a nature as to demonstrate unsuitability for employment in a position of the
class for which he/she is applying.
5.That the applicant fails to meet standards for the position that are required by State and/or Federal law
or applicable rules under such laws.
6.Any person who, by order of the Human Resources Director, is denied permission to compete in any
promotional evaluation process or whose eligibility is canceled under the provisions of this section
may make a written appeal to the City Manager for a final decision.
E. Scope and Character of Evaluation Processes
1.Provisions applying to promotional evaluation processes:
a)All promotional evaluation processes shall be competitive.
b)All evaluation processes shall be of such character as to fairly determine the qualifications, fitness
and ability of applicants to perform the duties of the classification to which appointment is to be
made.
c)Evaluation processes may be written, oral, physical or performance, or a combination of these
types. They may take into consideration such factors (including experience, education, aptitude,
capacity, knowledge, character, physical fitness, and other qualifications) as, in the judgment of the
Human Resources Director, enter into the determination of the relative fitness of the applicants and
may include inquiry into the moral character, or any other pertinent quality or attribute of the
applicant.
d)Evaluation processes shall include established criteria for determining a passing grade, score, or
mark.
F. Notification of Results
Each candidate shall be notified in writing of his/her name being placed on the eligible list or his/her
failure to attain a place on the list. Any candidate may, within 15 calendar days following the mailing date
of his/her notice of results, request permission from the Human Resources Department to review his/her
evaluation results, and will be given reasonable opportunity to do so, provided the test is not proprietary. If
the test is proprietary, then a summary of his/her results shall be furnished to the applicant upon request,
provided such request is made in writing within 15 days after the last section of the examination is
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administered and the summary is made available by the vendor. Any costs associated with the summary
shall be paid one-half by the employee and one-half by the Fire Department.
G. Appeals from Ratings
1. Any candidate who fails to attain status on an eligibility list may, within 15 calendar days from the
date of notification of such, notify the Human Resources Director in writing that error, other than
error of judgment, exists. The Human Resources Director shall thereupon conduct a review. If
upon review, errors other than error of judgment, are found, such errors shall be corrected. In the
event such review discloses error affecting other candidates, the other candidates shall also be
corrected.
2. An error correction may cause names to be added or subtracted from the eligibility list, however no
change made in the ratings of any candidate shall be deemed to invalidate or in any way affect any
certification or appointment previously made.
Section 10. Open and Promotional Eligibility Lists
All employees deemed eligible through the evaluation process shall be placed on the appropriate
eligibility list for a period of two years from the date of placement on and establishing of such list by the
Human Resources Department. The individual dates of initial eligibility shall appear next to the
candidates’ names and may differ when concurrent eligibility lists exist.
The names of all persons who may be lawfully appointed and who have achieved a passing score on
the evaluation process shall be placed on the appropriate eligibility list in the order of their final score without
regard to the time of their test. The names of two or more eligibles having the same final score will be
arranged in alphabetical order.
Section 11. Appointments
A.In certifying from an external eligibility list for entry hire positions, the Human Resources Department
shall certify an open list of all candidates achieving a passing score on the evaluation process. In
certifying from an internal eligibility list for the filling of a promotional vacancy, the Human Resources
Department shall certify the names of the candidates in the top five score groups at the time of the
certification. Selection from an open or promotional list shall be at the sole discretion of the Fire Chief.
Selection criteria shall be developed and may include such factors as seniority, experience, education,
aptitude, capacity, knowledge, character, physical fitness, and other qualifications.
B.Selection criteria shall be announced at least 30 days prior to the selection process.
C.Selection processes shall be competitive; shall be of such character as to fairly determine the
qualifications, fitness, and ability of applicants to perform the duties of the classification to which
appointment is to be made; may be written, oral, physical, performance, or a combination of these
types; shall include criteria to determine the relative fitness of applicants; and shall not include
questions or evaluations framed to be discriminatory in nature. When skills and qualifications are
substantially equal, seniority shall prevail in selection determinations for positions within the
bargaining unit.
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D.The Department shall counsel with any eligible employee who is not selected for promotion upon the
written request of the employee. Such counseling shall include an explanation and written summary of
the selection criteria whereby improvement may make the employee not selected better qualified.
Section 12. Probation
A.A newly hired employee or an employee promoted from a class outside the bargaining unit to a class
within the bargaining unit shall serve a probationary period of 12 months of active service during which
he/she shall have the opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for
the job. In the event the employee is, for any reason, absent from duty for any reason other than floating
holidays or on light duty for an accumulated period equal to two weeks scheduled work hours or more,
then all such time shall be added to the probationary period.
B.A newly hired employee who, during the probationary period, does not demonstrate suitability for the
class, as determined by the Fire Chief, shall be notified in writing of the reason(s) and shall be terminated.
An employee promoted from a class outside the bargaining unit to a class within the bargaining unit who,
during the probationary period, does not demonstrate suitability for the class as determined by the Fire
Chief, shall be returned to his/her position held prior to the promotion or to another position at the same or
lower level for which the employee is determined to be qualified, provided there is no cause for dismissal.
An employee shall not have access to the grievance procedure regarding the termination during probation.
C.An employee promoted from a class within the bargaining unit to a class within the bargaining unit
shall serve a probationary period of six months of active service during which he/she shall have the
opportunity to demonstrate to the satisfaction of the Fire Chief his/her suitability for the job. In the
event the employee is absent from duty for any reason other than scheduled leave or on light duty for
an accumulated period equal to one week scheduled work hours or more, then all such time shall be
added to and thereby extend the probationary period.
D.An employee promoted from a class within the bargaining unit to a class within the bargaining unit
who, during the probationary period, does not demonstrate suitability for the class, as determined by
the Fire Chief, shall be notified in writing and shall be demoted to his/her former classification. A
promoted employee serving a probationary period within the bargaining unit shall not be entitled to
appeal his/her non-successful probationary period and his/her return to his/her former position.
Section 13. Light Duty
Light duty shall be defined as those activities which an employee can perform which do not require
any type of physical activity which may aggravate an existing injury. An employee must be released by the
treating physician for light duty and must have approval from Risk Management and the Fire Chief.
Employees on either a job-related or non-job-related injury, illness or other medical condition may be
assigned to light duty.
53-hour weekly schedule employees placed on light duty shall continue to be paid their standard
biweekly pay in accordance with Article 7, Section 2. All hours actually worked while in a light duty status
shall be counted toward overtime at the end of the FLSA cycle in accordance with Article 7, Section 8., D.
Employees who are authorized time off while assigned to light duty shall have the number of hours equivalent
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to the time off deducted from the applicable leave balance. Medical appointments, approved by the Risk
Management Department, related to a line of duty injury shall not be deducted from the applicable leave
balance. Employees injured on duty who are approved for light duty shall continue to receive Special Teams
pay if applicable. For off duty injuries, Special Teams pay shall cease after 90 calendar days of assignment to
light duty.
40-hour weekly schedule employees shall maintain their 40-hour schedule while on light duty.
All employees on light duty shall have their medical status reviewed periodically as directed by the
City to determine whether maximum medical improvement has been achieved and/or the employee is fit to
return to full duty. If needed, the City may require a second medical evaluation; and if so required, this shall
be done at the City's expense. Light-duty assignments may be limited in number and scope at the sole
discretion of the Fire Chief.
Section 14. Line-of-Duty Injury Pay
The City hereby agrees to pay the following compensation to any employee injured in the line of duty
in accordance with the following definitions, terms and conditions.
A.Line-of-duty compensation shall be payable under this section only with respect to disability as the result
of injury to an employee where such injury is incurred in the line of duty.
B.An injury shall be deemed to have been incurred in the line-of-duty if and only if such injury is
compensable under the Florida Workers' Compensation Law.
C.The amount of line-of-duty compensation paid shall be the amount required to supplement funds received
from the Florida Workers' Compensation Law and any other disability or other income plan provided by
the City, either by law or by agreement, to the point where the sum of the line-of-duty supplement herein
provided and all other payments herein described equal the employee's regular rate of pay at the time of
the injury.
D.No line-of-duty compensation under this section shall be allowed for the first seven calendar days of
disability (except as provided below); provided, however, that if the injury results in disability of more
than 21 calendar days, compensation shall be paid from the commencement of the disability. (It is
understood that this paragraph is so stated to be in compliance with current workers' compensation law.
Changes in workers' compensation law will modify this paragraph accordingly.)
E.The term disability as used in this section means incapacity because of the line-of-duty injury to earn in
the same or any other employment the wages which the employee was receiving at the time of injury.
F.It is the intent of this section to provide supplemental compensation for line-of-duty injuries only, and this
section shall not be construed to provide compensation in the event of death or injury incurred in any
manner other than in the line of duty. In the event of any dispute or disagreement concerning the
interpretation of the terms of this section, then the decisions concerning definition of those terms issued
under the Florida Workers' Compensation Law shall control.
G.The City will provide line-of-duty compensation in the amount necessary to supplement funds received
from the Florida Workers Compensation Law in order to equal the employee’s regular rate of pay with no
22
charge to the employee’s accrued paid leave. When an employee with less than three (3) years of service
is injured on the job to the extent that such employee misses scheduled work time. The maximum period
for which payment may be made under this section shall be 90 calendar days from the date of injury for
each injury during the first year of employment, 60 calendar days during the second year of employment,
and 30 calendar days during the third year of employment.
H.Line-of-duty injury pay will be provided from the first day of injury for those defined in (G) above;
however, the amount paid shall be only that amount required to supplement funds received by the
employee from the Florida Workers' Compensation Law and any other disability or other income plans
provided by the City, to the point where the sum of all payments is equal to the employee's regular base
pay rate at the time of injury. At such time as the employee receives his/her initial workers' compensation
payment, the City shall approximate the differential needed to equal the employee's base pay and shall
provide such line-of-duty injury pay to equal the employee's regular base pay rate at the time of injury.
Any adjustment to the City's line-of-duty injury pay under this policy will be made following the
employee's return to work or at the expiration of the period for which line-of-duty injury pay is provided.
I.Line-of-duty pay shall not be provided from the first day of injury to any employee after the third year of
employment. Following the time limits prescribed for the provision of line of duty compensation in
paragraph (G) above, employees shall be required to utilize accrued paid leave time to supplement funds
received from the Florida Workers Compensation Law in order to maintain a paid status. Employee shall
be permitted to utilize accrued paid leave time only in the amount necessary to supplement funds received
from the Florida Workers Compensation Law in order to equal the employee’s regular rate of pay at the
time of the injury.
J.It is the intention of the parties that nothing in this Agreement shall interfere with the normal procedures
under the Workers' Compensation Laws or the requirements of the City's workers' compensation
insurance carrier. Should any language of this Agreement conflict with provisions of the Workers'
Compensation Law, the provisions of the Law shall prevail. An employee may choose his/her approved
Workers' Compensation treating physician if prior approval is obtained through the Risk Management
Division.
K.If an employee is killed in the line of duty, the City shall pay to the spouse, or if there is no surviving
spouse, the estate, of such deceased employee his/her accumulated severance pay. Within 48 hours of the
death of the employee, the City shall deliver to the spouse or surviving children or the employee's
dependent beneficiary a check for the sum of one month's current salary of the employee.
L.Upon return from working a fire, the employee may request a physical examination by the City physician
to ensure the employee is stable and capable of returning to work. This right may be rescinded on an
individual basis if repeatedly abused. The City shall have the right to require the employee undergo a
physical examination by a physician of its choice prior to receiving or continuing to receive compensation
under this Section.
M.Failure to immediately report a line-of-duty injury to the employee's immediate supervisor or to the Risk
Management Division within 24 hours of the time of occurrence of the injury, shall result in a loss of all
line-of-duty pay under this Article unless such failure to report was: (a) caused solely by and as a direct
result of the employee's injuries or (b) resulted from the occurrence of an event over which the employee
had no control in the opinion of the City Manager.
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Section 15. EMS Classifications
A.The paramedic classifications of Fire Medic and Fire Medic Lieutenant are employees within the City's
Fire Department who are appointed by the Department to perform emergency medical services in an
emergency medical services program and who have successfully completed and passed a Paramedic
training program recognized by the Department and approved by Florida Statute and the Pinellas County
Medical Director’s office. A Fire Medic is a classification which is responsible for maintaining EMS
equipment and performing emergency medical services on an ALS Unit in the area of medical procedures
and patient care in addition to any assigned fire suppression duties.
B.The City retains the right to hire qualified external applicants into the Fire Medic job classification, or to
offer promotional opportunities to qualified existing bargaining unit or other City personnel. Should the
City cease to operate emergency medical services, those employees classified as Fire Medic or Fire Medic
Lieutenant shall continue to be employed by the City on the same basis as any other employee in the
bargaining unit, provided that employees who are demoted shall have their compensation fixed at the same
step in the respective range as that which they are assigned in their classification prior to demotion.
C.EMS Status
1.All Fire and Rescue Department employees shall be required as a condition of employment to possess and
maintain the appropriate EMS certifications in accordance with their respective job description. It shall be
each individual employee’s responsibility to ensure that all requirements are met to maintain the active
status of his/her respective applicable required EMS certification. The Department shall provide
opportunities for employees to meet such requirements during work hours, but employees who are unable
to take advantage of such opportunities due to absence or operational demands shall not be required to
make arrangements for attending to the requirements on their own.
The following bargaining unit members shall be exempt from the above requirement to possess and
maintain the applicable EMS certifications:
Jones, Michael
Employees assigned through initial hire or promotion to the classifications of Fire Medic and Fire Medic
Lieutenant are required to maintain the appropriate Paramedic certifications as determined by the
Department as a condition of continued employment. Depending on the staffing level of Department
Paramedic positions and the availability of vacancies in non-Paramedic positions, Fire Medics and Fire
Medic Lieutenants may be permitted to voluntarily demote to non-Paramedic positions for which they are
determined by the Department to be qualified, with the corresponding reduction in pay in accordance with
Article 7, Section 8. Approval of such demotions shall be at the sole discretion of the Fire Chief. If
voluntary demotion is not approved by the Fire Chief and there is no other vacant position in the City for
which such an employee is deemed by the City to be qualified, the employee may be subject to applicable
provisions of the City’s policies and procedures, including involuntary demotion or layoff. The City
reserves the right to hire into the classification of Fire Medic new employees who possess the appropriate
Paramedic certifications, and to require that such certifications be maintained as a condition of continued
employment.
2.Employees who have their required EMS certifications revoked by the State of Florida or the Office of the
Pinellas County Medical Director, and who appeal the action within the established timeframe through the
appropriate administrative procedure, shall be maintained as employees in the Clearwater Fire and Rescue
Department until a Final Order is rendered by the Division of Administrative Hearings. Said date shall
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not include any further appellate proceedings by the employee. Such employees who do not take
advantage of this appeal procedure, or who do not have their EMS certifications fully reinstated through
this procedure, shall be required to find alternate employment within the City or shall be subject to layoff
30 days from the date of the Final Order of the Division of Administrative Hearings, not including any
further appellate proceedings by the employee, and shall be placed on the reemployment list for a period
of one year from the date of the layoff. The Fire Chief shall have the discretion to not institute layoff
based on individual circumstances, and such decisions shall be considered by the parties to be non-
precedent setting. The actions of the City pursuant to this Paragraph shall not be subject to the grievance
and arbitration/appeal procedure under this Agreement or under the Civil Service Rules.
3.The Fire Department and all bargaining unit members shall comply with Florida Statutes and the Pinellas
County EMS Rules and Regulations regarding Quality Assurance and ACLS and BTLS certification. The
decisions of the County Medical Director in such matters shall not be subject to the City grievance
procedure but shall be addressed through the appropriate appeals procedure.
4.The demotion of an employee required to possess an EMS certification shall not be subject to the
contractual grievance procedure or Civil Service appeal procedure when the demotion or removal of pay
is based upon loss of EMS certification due to action taken by the office of the Medical Director of
Pinellas County or by the State of Florida.
5.The demotion of an employee required to perform EMS services or the removal of Paramedic certification
pay shall be subject to the contractual grievance procedure or the Civil Service appeal procedure only if
such demotion or removal of pay is the result of a disciplinary action not related to the above referenced
loss of EMS certification.
6.The Arbitrator shall not have the power to substitute his/her judgment for that of the Department, the
Medical Director, or the State of Florida with whom EMS personnel work in relation to performance of
employees to the standards of excellence desired by the City, the Medical Director, or the State of Florida.
D.The parties agree that Fire Medics and Fire Medic Lieutenants are healthcare professionals but shall not
be considered “professional” employees within the meaning of the Florida Public Employees Relations
Act.
E.If the application of this Article, or any part thereof, whether or not relating to pay, is superseded by action
of a superior governmental agency, then the City will be absolved of complying with this Agreement to
the extent of the conflict.
Section 16. Firefighter/Driver-Operator
A. Classification
The classification of Firefighter/Driver-Operator shall be for those employees within the Fire Department
who are the drivers and operators of the following type vehicles: Fire Engines, Aerial Apparatus
(including operation of the tiller), and Squad.
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B. Appointments
All Firefighter/Driver-Operator positions shall be filled by a competitive eligibility and selection process.
All employees who successfully complete the eligibility determination process shall be eligible for
consideration in the selection process. The minimum qualifications shall be in accordance with the
respective City job description
C. Wages
All employees shall receive pay in accordance with Appendix A.
Section 17. Work Rules and Prevailing Rights
A.It is understood and agreed by both parties that the duties performed by members of the bargaining unit
cannot always be covered by job descriptions and, therefore, members of the bargaining unit may be
required to perform duties in addition to all those listed within the current job descriptions which are, in the
judgment of the City, related to the purposes of the Fire Department, which judgment shall not be arbitrary,
capricious or unreasonable.
B.Any Fire Department Rule or Regulation in conflict with this Agreement shall be of no force and effect.
C.Prior to the implementation of any changes in the existing Fire Department Rules and Regulations, the Fire
Chief must provide twenty calendar days notice for the Union to identify any bargaining as required in
accordance with Florida Statutes, Chapter 447. If requested by the Union, the change will be referred to
the next Labor/Management Committee meeting, which shall be scheduled within 14 calendar days to meet
and discuss such change. If the Union provides no response, the rule will be implemented after the initial
twenty day notice unless the time is extended by the Chief. The issue of whether such change conflicts
with this Agreement shall be subject to the grievance procedure contained herein. The time for filing said
grievance shall commence on the date the rule is implemented.
D.All rights and working conditions, enjoyed throughout the Department by the employees at the present time
which are not included in this Agreement shall be presumed to be reasonable and proper and shall not be
changed by the City in an arbitrary or capricious manner; provided that nothing contained herein shall limit
the City's rights under Paragraphs A, B and C of this Section or as expressly provided elsewhere in this
contract or by law.
Section 18.Subcontracting
During the term of this Agreement, the City shall not subcontract out to private concerns any fire
suppression, Emergency Medical Service and rescue services of the Department. Any action of the state of
Florida or Pinellas County to assume control of any basic fire suppression, Emergency Medical Service or
rescue services shall not be deemed subcontracting.
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Section 19. Indemnification
The City agrees to defend any employee when the employee is sued on any claim arising out of his/her
employment with the City and acting within the scope of his/her duties. The employee agrees to cooperate in
his/her defense.
The City also agrees to pay any judgment rendered against an employee for acts committed when the
employee is acting within the scope of his/her City employment, provided that the employee did not act
intentionally, with malice, or with gross negligence.
Section 20. Sports
Participation in sporting activities while on duty shall be permitted in accordance with Fire Department
SOP/SDP.
Section 21. Lawn Maintenance
Employees covered by the contract shall not be required to perform lawn maintenance at the fire
stations.
Section 22. Physical Examination
A.Employees covered by this labor agreement shall be required to undergo an annual physical examination
during their month of hire each year after the year of hire.
B.The employer shall bear the cost of each examination. Additionally, 53 hour schedule employees shall be
provided an allowance for attending the physical during off-duty hours. The City agrees 40 hour schedule
employees may attend their physical during on-duty hours with no loss of pay. The results of these
physicals shall be made available to the City and to each employee upon completion of the physical and
shall be maintained as confidential medical records in accordance with law. The Department shall post the
name and phone number of the facility where the physical shall be administered. Physicals shall include
but not necessarily be limited to the following:
1. 12 Lead EKG – (Stress, where indicated and at discretion of examining physician).
2. SMA Profile 12 (liver, blood sugar, etc.)
3. Chest X-Ray
4. Complete Blood Count
5. Urinalysis
6. Rectal Cancer Exam (optional for employee)
7. Doctor's Physical (eyesight, reflexes, hearing, throat, etc.)
8. Breast/Cervical Cancer Exam (Females – optional for employee)
9. Audiometric Evaluation
10. Spirometry (Pulmonary Function)
11. Titers for Hepatitis A and B
C.The City agrees to pay all expenses for inoculation or immunization shots for employees and members of
an employee's family residing in his/her household when such becomes necessary as a result of said
employee's exposure to contagious disease where said employee had been exposed to said disease in the
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line of duty; provided that the employee first makes all reasonable efforts to have this service performed at
no cost by the County Health Department. The City further agrees to reimburse the co-pay cost for any
preventive inoculation or immunization shots an employee may receive from his/her City primary care
physician.
D.The parties agree that the physical condition of the employee is of great concern to the employee and to the
City. All employees whose physical fitness or medical status is deemed deficient in some manner as a
result of the physical examination shall be advised by the Department and shall be encouraged to undertake
a fitness rehabilitation program in an effort to improve their physical fitness and health.
The City shall provide free access for all bargaining unit members to any City recreational facility.
Additional fees for programs conducted at such facilities shall be borne by the employee. It is understood
by all parties that the decision whether to use such facilities is entirely voluntary on the part of the
bargaining unit members, and time spent using such facilities shall neither be paid nor will any accidents or
injuries incurred while utilizing such facilities be compensable under workers compensation.
E.The City agrees to contract with a licensed physician who shall be selected by the City and agreed to by the
Union to act as a Department Physician whose duties shall be to advise the employees and the department
in matters concerning the health of the employees.
F.The City and Union agree that based upon a mutual agreement of the parties, this Article may be reopened
for the purpose of negotiating a Wellness provision only. If the Article is reopened for such purpose and
the parties are not able to reach an agreement, the item shall not be subject to the impasse procedure and
the Article shall remain status quo in whole and part.
Section 23. Residency Requirement
All bargaining unit members who commenced employment in the Fire Department on or after
December 15, 1985, shall be required to maintain residence within the geographical boundaries of Pinellas,
Hillsborough, Pasco, Manatee, and Hernando Counties. This requirement shall continue during their tenure in
any position within the fire service of the City of Clearwater.
Section 24. Tobacco Product Usage
No smoking or use of tobacco on or off the job shall be permitted for any bargaining unit member
hired in the Fire Department on or after December 15, 1985, as a condition of employment and their continued
employment within the fire service. In addition, all bargaining unit members will comply with the City’s
Tobacco Usage Policy. Violation of this provision shall be deemed just cause of disciplinary action by the
City, up to and including dismissal.
Section 25. Station Assignments
The Fire Chief will pursue development of an administrative policy that creates a station transfer
system which meets the Department’s operational needs and considers bargaining unit members’ seniority, and
will meet and consult with the Union in that development.
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ARTICLE 8
LEAVES OF ABSENCE
Section 1.Holidays
A.The following holidays shall be observed:
New Year's Day Veterans' Day
Martin Luther King Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Labor Day
Holiday pay for the above listed holidays will be paid at the employee’s current base rate of pay for the
number of hours equaling 10% of the biweekly schedule, except that the following three special holidays will
be compensated at the employee’s current base rate of pay for the number of hours equaling 15% of the
biweekly schedule:
Christmas Day, Thanksgiving Day, and New Year's Day.
40-hour per week schedule fire inspection personnel shall not work on designated holidays unless
directed to do so by the Fire Marshal or his/her designee. Fire prevention inspection personnel who are
required to work on a designated holiday shall receive time-and-one-half their regular payfor all hours actually
worked or 4 hours minimum, whichever is greater, on the holiday in addition to the holiday pay described
above. When a City-observed holiday falls on a Saturday, the preceding Friday shall be the designated holiday
for fire prevention inspection personnel. When a City-observed holiday falls on a Sunday, the following
Monday shall be the designated holiday for fire prevention inspection personnel. Designated holidays which
fall on a fire prevention inspection employee’s regularly scheduled work day shall count as hours actually
worked for the purpose of calculating overtime.
B.In addition to the holidays listed in Section 1, each employee may receive up to four additional "floating
holidays”. Floating holidays shall be awarded at the beginning of each calendar year, subject to the
restrictions below. For such floating holidays the employee shall receive his/her regular rate of pay for
such day if he/she does not work that day, but shall not receive additional compensation. Any day for
which an employee is not scheduled to work may not be designated as a floating holiday. Floating
holidays shall be subject to the following requirements and conditions:
1. No employee may utilize floating holidays until 30 calendar days after the date of hire.
2. Any person employed between January 1 and March 31 shall receive 100% of floating holidays to be
utilized during the year of hire; any person employed between April 1 and June 30 shall receive 75% of
floating holidays to be utilized during the year of hire; any person employed between July 1 and
September 30 shall receive 50% of floating holidays to be utilized during the year of hire; and any
persons employed between October 1 and October 31 shall receive 25% of floating holiday to be
utilized during the year of hire. Persons employed after October 31 shall not be eligible for any
floating holidays during the year of hire.
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3. Floating holidays may not be carried over from one calendar year to another calendar year and if not
taken are forfeited except as provided in Paragraph D of this Section.
4. After the year of hire, employees shall receive four "floating holidays" each calendar year.
5. Upon an employee's separation from the City, the employee may receive a lump sum payment for any
remaining floating holiday balance per Paragraph D of this Section, or the remaining floating holiday
balance may be used to advance the employee’s date of retirement.
C.Floating holidays will be selected in reverse seniority after all vacation days and longevity days have been
scheduled. It is not necessary for an employee to schedule his/her floating holidays during the vacation
selection process. Any employee selecting floating holidays after the vacation selection process will give
the Department 48hours' notice in writing of his/her request. This notice will be given to the Fire Assistant
Chief for approval based on vacation selection criteria. This permission shall not be arbitrarily withheld.
In case more than one employee requests a particular day and the Department determines that both
employees may not be off duty on that particular day, the senior employee shall be given preference.
D.If the employee chooses not to take one or more floating holidays, he/she may make a written request to the
Fire Chief on or before November 15th to receive 24 hours of regular pay for 53 hour week, or 8.0 hours of
regular pay for 40-hour week in lieu thereof payable in the payroll period which includes December 1st.
Any floaters not taken or requested for payment are forfeited. No more than four floating holidays shall be
approved for payment each year.
E.Each calendar year, members of the bargaining unit may elect to take one floating holiday as “Personal
Leave Time.” This personal leave day may be broken into blocks of 4 hours and will be taken in 4-hour
increments. Personal Leave Time will be selected after all vacation days, extra vacation days and floating
holidays have been scheduled. Any employee selecting Personal Leave Time after the vacation selection
process will give the Department 48 hours' notice in writing of his/her request. All requests for Personal
Leave Time must comply with all the criteria pertaining to the vacation selection process. If an employee
chooses not to use all blocks of Personal Leave Time, he/she may make a written request to the Fire Chief
on or before November 15th to receive pay for such remaining blocks, payable in the subsequent payroll
period which includes December 1st.
Section 2.Vacations
A. Accrual of Vacation Leave
1.Vacation leave shall be granted for all full time employees in accordance with the number of
completed years of credited service. A full-time employee shall be deemed to have earned and be
eligible for vacation on the first anniversary of his/her employment. For newly hired employees, such
vacation shall be prorated for the year of hire according to the following schedule:
53 Hour Weekly Schedule Employees
January/February Hire Date..................................................................6 Duty Days
March/April Hire Date..........................................................................5 Duty Days
May/June Hire Date..............................................................................4 Duty Days
July/August Hire Date...........................................................................3 Duty Days
September/October Hire Date...............................................................2 Duty Days
November/December Hire Date .............................................................1 Duty Day
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40 Hour Weekly Schedule Employees
January/February Hire Date........................................................................80 Hours
March/April Hire Date................................................................................64 Hours
May/June Hire Date....................................................................................48 Hours
July/August Hire Date.................................................................................32 Hours
September/October Hire Date.....................................................................24 Hours
November/December Hire Date .................................................................16 Hours
Thereafter, employees shall be deemed to have earned and be eligible for vacation accrual each
January. As such, employees on the 53 hour weekly schedule shall accrue paid vacation as follows:
Year 1 1 year anniversary of Hire Pro-rated Days
Year 2 January following 1 year anniversary of Hire 6 Duty Days
Year 3 Following January 6 Duty Days
Year 4 Following January 7 Duty Days
Year 5 Following January 7 Duty Days
Year 6 Following January 7 Duty Days
Year 7 Following January 8 Duty Days
Year 8 Following January 8 Duty Days
Year 9 Following January 8 Duty Days
Year 10 Following January 8 Duty Days
Year 11 Following January 9 Duty Days
Year 12 Following January 9 Duty Days
Year 13 Following January 9 Duty Days
Year 14 Following January 9 Duty Days
Year 15 Following January 10 Duty Days
Year 16 Following January 10 Duty Days
Year 17 Following January 10 Duty Days
Year 18 Following January 11 Duty Days
Year 25 and higher Following January Thereafter 12 Duty Days
Employees on the 40-hour weekly schedule shall accrue paid vacation as follows:
Year 1 1 year anniversary of Hire Pro-rated hours
Year 2 January following 1 year anniversary of Hire 80 hours
Year 3 Following January 88 hours
Year 4 Following January 96 hours
Year 5 Following January 104 hours
Year 6 Following January 112 hours
Year 7 Following January 120 hours
Year 8 Following January 128 hours
Year 9 Following January 128 hours
Year 10 Following January 128 hours
Year 11 Following January 136 hours
Year 12 Following January 144 hours
Year 13 Following January 152 hours
Year 14 Following January 152 hours
Year 15 Following January 152 hours
Year 16 and higher Following January Thereafter 160 hours
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2. The vacation year shall be the calendar year.
3. Vacation leave granted in January is deemed to have been earned during the previous calendar year.
4. All unused vacation balances are forfeited at the end of the calendar year, except as determined by the
Fire Chief.
B. Use of Vacation Leave
1.The use of vacation leave shall be authorized in accordance with Fire Department Regulations.
Vacation leave shall be utilized in full day increments only, except when operational demands require
an employee to work part of a day for which vacation leave has been previously approved. For 53
hour schedule employees, a maximum of seven employees shall be permitted to be absent from any
shift for the purpose of personal leave including vacation and floating holidays. For 40 hour schedule
employees, including Fire Prevention Inspectors and 53 hour schedule employees provided with Light
Duty assignments, the Department shall determine the number of employees who may be permitted
leave use in accordance with operational demands. 53 hour schedule employees who are provided a 40
hour Light Duty schedule shall not be denied the use of previously approved vacation leave, provided
they notify the Fire Chief prior to the beginning of the Light Duty assignment of their intent to utilize
the previously approved vacation leave. However, should such employees elect to not utilize
previously approved vacation leave while on the 40 hour schedule, they shall be responsible for the
subsequent scheduling of the days within the available slots or will risk losing the days.
2.The borrowing of vacation time prior to its accrual is prohibited.
3.There is no advancing of vacation pay.
4.New employees may not take vacation until they have completed one year of continuous service.
5.If a holiday occurs during vacation leave, the employee will be paid holiday pay.
6.An employee who has more than 90 calendar days of unpaid leave, shall receive no vacation leave for
that calendar year.
7.Scheduling of Vacation
a) Bargaining unit members will be contacted in the order of department seniority for the selection of
vacation. Vacation days may be picked in either a 3- or 6- duty day block for 53 hour schedule
personnel or a 5- or 10- duty day block for 40 hour schedule personnel the first time through. A
block, as published on the vacation schedule issued by the Department, shall consist of a
designated 3 or 6 duty day grouping beginning and ending with 4 days off for 53 hour schedule
personnel, or a designated 5 or 10 duty day grouping beginning and ending with a weekend for 40
hour schedule personnel. When a Kelly Day occurs within a duty block selected for vacation by a
53 hour schedule employee, vacation leave will only be charged for the actual duty days and not
for the Kelly Day. After all personnel have been contacted for their first pick, the second round
will begin. All 53 hour schedule personnel who have selected a 3-day block and all 40 hour
schedule personnel who have selected a 5-day block on the first round will be recontacted in the
order of department seniority for their second selection on the second round.
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b) After all personnel have been provided the opportunity to pick their primary six or ten days of
vacation in blocks, employees will be permitted to submit requests to use any bonus days for 25
years of service, floating holidays, and sick leave incentive days. All personnel will be contacted by
reverse seniority for the choosing of bonus days, floating holidays and sick leave incentive days.
c) Should employees elect to pass on choosing any days during the vacation selection process above,
they shall be responsible for the scheduling of their remaining days, which may be selected in 24-
hour increments. 48-hours notice shall be required for the request to utilize such days, however the
Fire Chief or his/her designee shall have the sole discretion to approve such requests if practicable
when provided with less than 48 hours notice. If the employee waits too long and there are no
available slots left, they will risk losing the days. Floating holidays may be submitted for pay in
accordance with this Agreement. Additional vacation days will be lost or can be donated to the
Department leave pool. However, no employee shall be permitted to donate more than three days
of leave per year to the pool.
d) All vacation days not submitted are subject to forfeit in accordance with the above except by
permission of the Fire Chief.
e) The linking of scheduled days for 53 hour schedule personnel shall not exceed 9 consecutive duty
days, except by special permission of the Fire Chief. If more than 9 days are linked, the employee
shall be responsible for any training required to maintain certification that is missed during the
scheduled time off. The Department will make every effort to schedule this training while the
employee is on duty. If this cannot be done, then it is the employee’s responsibility to complete the
required training on his/her own time.
f) The changing of sick leave incentive days for previously used floating holidays is not allowed.
g) When an employee is assigned to a different shift or changes job classification after his/her
vacation selection has been completed and approved by the Department, the employee may request
to maintain the previously selected vacation or may request alternate vacation days instead. The
Department will attempt to accommodate such requests as staffing levels and operational
requirements permit.
h) Should any previously chosen vacation days associated with or adjacent to designated City
holidays or any additional days designated by the Union at the initial vacation selection period
become available due to personnel shift changes, Light duty assignments of personnel, or forfeiture
of previously scheduled days, the Union shall be responsible for re-assigning the available days.
Re-assignment shall be in accordance with Department standards for staffing and leave. The union
shall designate one person per shift as the contact person for the re-assignment of vacation days
and who shall be responsible for forwarding the information to the Assistant Chief for scheduling.
C. Payment and Accrual During Military Leave
1. An employee granted an extended military leave of absence in accordance with the City Emergency
Military Leave Policy shall be permitted to be paid any portion or all of his/her accrued vacation leave
when the employee begins the extended military leave.
2. An employee returning from an extended military leave of absence shall accrue vacation leave as
provided by law.
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D. Conversion To Sick Leave or Funeral Leave During Vacation Leave
1. The employee may request that vacation leave be changed to sick leave if the employee or member
of the employee’s immediate family becomes ill while the employee is on vacation leave.
2. The employee may request that vacation leave be changed to funeral leave provided the request is
consistent with the article on Funeral Leave.
3. Requests for such changes must be made in writing to the Fire Chief or designee within 72 hours of
the employee’s return to work.
E. Payment of Unused Vacation Leave
1. Payment of unused vacation leave and banked vacation hours will be paid at the employee’s current
base rate of pay upon separation of the employee, provided the employee has more than one year of
continuous service, or such hours may be utilized to advance the date of retirement.
2. When a bargaining unit member is required to work a partial day on any day that he/she has
previously been approved for vacation leave, the employee’s vacation leave balance shall not be
charged for the hours worked and such hours worked shall be paid at the overtime rate of pay but
shall not be subject to the minimum hours assigned to holdover or call back in accordance with this
Agreement. Should the number of vacation hours not charged due to such circumstances equal
twelve hours or more, the employee shall be permitted to request to use the portion of such hours
equaling a twelve hour block in accordance with Paragraph B.,7. above. The employee shall be
permitted at the end of the calendar year to request payment for any remaining balance of less than
twelve vacation hours not charged due to having worked a partial day, in accordance with the
established provision for the payment of floating holidays as outlined in this Agreement.
F. Banking of Vacation
1. The practice of banking vacation for retirement shall be limited to 240 hours for 53 hour schedule
employees and 172 hours for 40 hour schedule employees.
Section 3.Sick Leave
A. Accrual Rate
1. Members of the bargaining unit shall accrue sick leave in accordance with the schedule below:
Biweekly
Hours
Total
Hours
Accrual Rate
Per Pay
Hours
Capped
106 134.42 5.170 2184.00
80 96.01 3.693 1560.00
2. The number of yearly pay periods sick leave is accrued is 26.
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B.Sick leave may be accumulated for each of the 26 accrual pay periods the employee actually works, up
to a maximum as shown above. Actual work includes periods when the employee is using accumulated
sick leave (but not sick leave pool), holidays, vacation with pay, and the no-loss-of-pay sick time.
Employees shall not accrue sick leave during any other period of time when they are in a non-paid
status or utilizing “retirement advancement”.
C.All accumulated unused sick leave shall be credited to any employee recalled from a lay off, transferred, or
certified to another department or classification without break in service, appointed from a reemployment
list or returning from a leave of absence. If the employee is promoted, demoted or transferred to another
City position with a different Scheduled Pay Period Hours other than that defined above, that employee's
sick leave balance will be adjusted to reflect equivalent days of sick leave earned, consistent with his/her
new scheduled pay period hours.
D.In the event an employee has been separated and paid for accumulated unused sick leave as hereinafter
provided, or has been dismissed for cause and subsequently is re-employed by the City, his/her subsequent
sick leave accumulations shall be calculated as a new employee.
E.Under the provisions of this section, an employee may utilize his/her sick leave for absences from duty
resulting from illness or injury to the employee or a family member on any of his/her regularly scheduled
work days for the number of regular hours he/she would otherwise have been scheduled to work on that
day had not such absence occurred. Absence for a fraction of a day that is chargeable to sick leave in
accordance with these provisions shall be charged by rounding to tenths of an hour according to the
following:
Minutes Tenths of an Hour
1 - 6 .1
7 - 12 .2
13 - 18 .3
19 - 24 .4
25 - 30 .5
31 - 36 .6
37 - 42 .7
43 - 48 .8
49 - 54 .9
55 - 60 1.0
F.Sick leave shall not be considered a privilege to be used at the employee's discretion, but shall be used only
for absences:
1. Due to personal illness or physical incapacity caused by factors over which the employee has no
reasonable immediate control.
2. Necessitated by exposure to contagious disease in which the health of others would be endangered by
his/her attendance on duty.
3. Due to medical or dental appointments, or other personal sickness prevention measures, the scheduling
of which at times other than during his/her regular working hours is impossible or unreasonable.
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4. Due to illness of a member of his/her immediate family which requires his/her personal care and
attention. The term "Immediate Family" as used in this paragraph shall mean parents, stepparents,
children, stepchildren, grandparents, grandchildren, brothers, sisters or husband/wife of the employee
and the immediate family as herein referenced of the husband/wife, or other relative who is a member
of the immediate household.
Sick leave will be accrued on a biweekly basis based on hours in a paid status. An employee may
utilize his/her accumulated sick time due to an illness in his/her immediate family (as that term is
defined above).
5. If an employee is under a doctor's care or if a member of the employee's immediate family is under a
doctor's care and the doctor certifies that the employee's personal care and/or attention is required, said
time of absence shall not be considered as grounds for any discipline, provided that personal sick leave
is not used in excess of accumulated sick leave.
G.An employee absent for one of the reasons mentioned above shall inform his/her immediate supervisor
as early as possible on the first day of absence. Failure to do so may be the cause for denial of sick
leave with pay for the period of absence. In any event, the Departmental Rules shall govern the
notification requirements.
H. Payment for Unused Sick Leave
Upon separation from City service, an employee shall be paid one-half of his/her accumulated unused sick
leave. The rate of payment shall be based on the regular hourly rate (excluding shift differential or any
other addition to base pay) of the employee on the last day worked prior to separation. The employee may
request that one-half the payment for unused sick leave be made at separation and one-half the payment be
made in the first payroll period in the next calendar year.
The employee qualifies for payment if:
1. The employee has had at least 20 years of continuous service with the City. Leaves of absence without
pay, suspensions and layoffs followed by subsequent re-employment shall not be considered as breaks
in service. The length of such time off or layoff shall be deducted from the total length of service.
Military leaves and leaves during which the employees are receiving Workers’ Compensation shall not
be deducted from continuous service; or
2. The separation is involuntary on the part of the employee including disability (incurred on or off the
job) and layoffs; or
3. The employee’s estate shall receive payment if an employee dies.
An employee who has been dismissed for cause or who resigns voluntarily shall have no claim for sick
leave payment.
An employee who may otherwise be eligible for retirement under the City Employees' Pension Plan or
Federal Social Security, or who may be approaching such eligibility date, and whose purpose in leaving
is to retire under either program, may utilize one-half of his/her accumulated unused sick leave to the
extent thereof to advance his/her retirement date. In that event, the employee shall execute a
resignation to become effective on the date that such accumulated unused sick leave would be
exhausted. Such resignation shall be irrevocable, and retirement shall begin at the time such
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resignation becomes effective. In the interim, payment for accumulated unused sick leave shall be
made as a continuation of the employee's regular pay from which all regular payroll deductions shall
be made in order to preserve his/her retirement status. Accumulated unused sick leave will be charged
as outlined in paragraph (1) of this subsection.
I.An employee may not utilize his/her accumulated sick leave absence for absences resulting from an injury
arising out of and in the course of employment, other than City employment, for which monetary or other
valuable consideration is received or expected. Any employee who utilizes accumulated sick leave, or
who attempts to utilize accumulated sick leave, for absences resulting from an injury arising out of and in
the course of employment, other than City employment, may be terminated or suspended, as in the City's
judgment, is appropriate.
J.Except in the cases of injury incurred in the line of duty with the City, employees shall not be entitled to
use sick leave until the completion of six calendar months of continuous service following the date of
original appointment.
K.The employee may be required to submit evidence in the form of a medical certificate, of the adequacy of
the reasons for his/her absence during the period of time for which sick leave is granted when requested by
the Department Director.
L.An on-duty employee injured in an accident, arising out of and in the course of his/her City employment,
may elect to be continued on the payroll to the extent of his/her accumulated unused sick leave as
hereinafter provided. An employee receiving sick leave with pay under the provisions of this subsection
who simultaneously receives income under the Workers' Compensation Act shall receive, for the duration
of such income and to the extent of his/her accumulated unused sick leave, only that portion of his/her
regular rate of pay (see Article 9, Section 4) which will, together with said income equal his/her regular
rate of pay at the time of injury. In that event, the employee's accumulated unused sick leave shall be
charged only in the same proportion as his/her sick leave payment is to his/her regular biweekly salary
which shall be deemed to be that same proportion of the number of regular hours he/she would otherwise
have been scheduled to work for the day, week or other period involved, rounded out to the nearest tenth of
an hour.
M.The use of sick leave for purposes other than those designated herein will be considered a major rule
infraction.
N. Sick Leave Incentive Program
1.Following any full payroll calendar year period that a bargaining unit employee uses no sick leave, the
employee will be allowed to convert two days of sick leave to Sick Leave Incentive Days or the cash
equivalent based upon the employee’s current base hourly rate of pay.
2.Following any full payroll calendar year that a bargaining unit employee uses between one-tenth of an
hour and the equivalent of two days of sick leave the employee will be allowed to convert one day of
sick leave to a Sick Leave Incentive Day or the cash equivalent based upon the employee’s current
base rate of pay.
3.Employees shall be required to submit notice of their choice of the above within 30 days of Sick Leave
Incentive eligibility notification or shall have no sick days converted.
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O. Leave Pool
A joint leave pool will be established by members of the International Association of Fire Fighters
bargaining unit, such leave pool to be available for use by members subject to the following provisions:
1.The purpose of the leave pool is to provide leave to bargaining unit members who face significant time
off without pay due to a serious illness or injury, whether job-connected or non-job-connected, or
serious illness or injury to a family member covered under the family sick leave policy. The leave pool
may not be used for short time periods where an employee may be without pay. Short time shall be
defined as less than 30 calendar days.
2.A committee shall be formed and the committee shall determine use of the leave pool days, subject to
the above purpose and limitations.
a) The committee shall consist of three members designated by the bargaining unit, one management
employee designated by the Fire Chief, and one management designee of the City Manager.
b) The committee shall review employee needs and circumstances consistent with the provisions of
the leave pool and shall determine eligibility for and the amount of pool leave time that may be
provided to employees. The committee may establish procedures, forms, and other rules necessary
for its effective operation, provided they are consistent with the provisions of this section.
c) The committee's decisions are final and are not grievable.
3.Bargaining unit members may donate days from their vacation, floating holiday, or sick leave balances
to the leave pool one time per year in January.
a) No employee shall be permitted to donate more than three days of leave per year to the pool. In the
event that the leave pool becomes insufficient to provide leave days, the committee may, with the
prior approval of the City Manager or designee, open up the opportunity for additional donations to
be made during the calendar year. This shall be limited to one time per year; however, the 3-day
donation limit shall not be modified.
b) All donations of pool leave time must be in full-day increments based on the employee's full-time,
regularly scheduled day (i.e. an 8-hour or 24-hour day is a full day).
c) Donations of pool leave time are irrevocable.
d) No dollar value shall be placed on leave donations. All donations and all authorized usage shall be
computed as day for day.
4. When pool leave time is authorized by the committee for use by an employee, it shall be on a day-for-
day basis, irrespective of whether the employee works an 8-hour or 24-hour shift. An employee using
leave pool time shall receive regular base pay and his/her regular shift pay; however, other pays shall
not be provided with leave pool days (e.g., lead pay, acting pay, special assignment pay, etc.).
5. Pool leave time not used in a given year by the employee receiving the donated pool leave time shall
be returned to the leave pool and carried over to the next year. No donated pool leave time will be
refunded to the donor.
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Section 4.Funeral Leave
A.53-hour schedule employees shall be allowed up to three consecutive shifts off with pay and 40 hour
schedule employees shall be allowed up to four consecutive duty days off with pay in the event of a death
in the immediate family which shall be limited to spouse, or the employee’s or employee’s spouse’s child,
parent, brother, sister, grandparent, grandchild, stepparent, or stepchild. This is not chargeable to sick
leave.
B.53-hour schedule employees shall be granted up to two consecutive shifts off with pay and 40 hour
schedule employees shall be allowed up to three consecutive duty days off with pay in the event of a death
in the extended family, specifically defined as sister-in-law, brother-in-law, step-brother or step-sister.
This leave is chargeable to sick leave. The Fire Chief may grant funeral leave to employees for the death
of other household members.
C.Additional time off may be granted by the Fire Chief, or his/her designee and shall be chargeable to sick
leave. Furthermore, any employee availing himself/herself of a provision in this section must notify the
Fire Chief or his/her Fire Assistant Chief of such intent as soon as possible.
Section 5.Absence Without Leave
A.Any employee who is absent from duty for two consecutive work days for 53-hour schedule employees
and three consecutive work days for 40-hour schedule employees without notice and valid reason therefore
shall be deemed to have voluntarily terminated his/her City employment and to have vacated his/her
position and will be separated from the payroll as a dismissal, unless a leave of absence is subsequently
granted under any of these rules.
B.The failure of an employee to report for duty at the expiration of a leave of absence or vacation leave with
or without pay, shall be deemed an absence without leave.
Section 6.Time Off From Duty
A. An employee may be granted necessary time-off from his/her duties with compensation for any of the
following reasons, when such time off does not, in the judgment of the Fire Chief, interfere with the
operation of the Department.
1. Attendance at professional or other conventions, institutes, courses, classes, seminars or meetings when
such attendance is approved in advance by the Fire Chief or his/her designee. Attendance will be at the
discretion of the Fire Chief except when the requested leave is for promotional exams which will get
first priority.
2. Attendance at in-service training and other in-service meetings when approved by the Fire Chief or
his/her designee. The provisions of this paragraph shall be deemed to include authorized safety
meetings.
3. The President and Secretary-Treasurer of the Union shall be granted Union time-off to attend state and
international conventions, provided a minimum of one month's written notice is given to the Fire Chief.
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B. The Union may, upon request, be allowed up to 400 duty hours per fiscal year to be excused for Union
business, conferences, training, and Executive Board meetings pertaining to the City of Clearwater. Any
such request must be initiated in writing to the Fire Chief or designee, and will give the name of the person
wanting off, date the person is to be off, and the number of hours the person will be off. Time off from
duty under this provision must be approved by the Fire Chief or his/her designee and must be taken in not
less than four-hour increments. Absences for Union time excluding the Union president/designee shall
count toward the total number of seven employees permitted to be absent for personal leave on any given
shift. Any unused portion of the balance is to be carried over into the next contract year.
Any use of City facilities for Union–related business shall require written request at least 48 hours in
advance to the Fire Chief, which may be granted or denied at his/her sole discretion. Executive Board
members only shall be permitted to conduct/attend Executive Board meetings while on duty with no
charge to the aforementioned Union time, with the prior approval of the Fire Chief or his/her designee,
provided 48 hours notice is given, and further provided that such meetings will cause no adverse impact to
Department operations. Off-duty Executive Board members shall not be eligible to receive any
compensation for time spent attending such meetings.
Union officials utilizing union time shall not be eligible during the time of utilization for Worker's
Compensation benefits in case of injury. In any event, absence from duty for union business shall not be
approved which requires a union official to be off duty for periods in excess of three consecutive scheduled
work shifts. Extension of any consecutive time off for union officials, over and above the three
consecutive shifts, may be granted solely at the discretion of the Fire Chief. Requests for union time off
must be made on the designated form.
Jointly related business between the City and the Union shall not be subject to deduction from the bank,
however, the Union acknowledges that such time needed for arbitration hearings will be chargeable to the
account. In any event, the Fire Chief or his/her designee, may at his/her discretion deny any request not
made at least 72 hours in advance and submitted by a Union Officer, or which renders the Department
staffed below that level which the Chief determines to be necessary.
Section 7.Right to Contribute Work
In the event that an employee's illness or physical incapacity should continue beyond the point where
his/her accumulated sick leave, if any, has been exhausted, he/she may request to have other qualified
employees of the Department perform his/her regular duties; provided that such substitution would not require
overtime compensation for the substitute and the maximum allowable contributed time to any one employee is
a total of 90 calendar days for the duration of this contract.
Section 8.Military Leave
Any regular or probationary employee in the classified service being inducted or otherwise entering the
armed forces of the United States in time of war, or pursuant to the Selective Service Act of 1948 as amended,
or of any other law of the United States, shall be granted military leave of absence without pay for the period
of the military service required of him/her, and on completion thereof be reinstated in the City service in
accordance with the following regulations:
A. Military leaves shall be granted in accordance with the provisions herein except where said provisions may
be superseded by Federal or Florida Law:
1. For inductees, the minimum period of time required to be served.
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2. For enlistees in time of war, the period of the first minimum enlistment, or for such additional period
of time required to be served.
3. For reservists, the minimum period of time required to be served.
4. For pre-induction physical examination when so ordered by a Selective Service Board, time off shall
be granted for the minimum period necessary to comply with such order, but shall in no case exceed
two (2) regularly scheduled work days.
5. For required active or inactive training duty as a member of a Reserve Component or the National
Guard falling on the employee's regularly scheduled work days, the employee shall be allowed up
to a maximum of two hundred and forty (240) working hours per calendar year without loss of pay.
Absences from duty for required military reserve training in excess of two hundred and forty (240)
working hours per calendar year or for any non-required military reserve training for which the
employee initially volunteered shall not be compensated for by the City. A copy of the employee's
military orders certifying his/her training assignment shall be submitted by the employee to the Fire
Chief immediately upon receipt by the employee. An employee who is required to attend military
duty training which falls or occurs during regular working hours and which exceeds the two
hundred and forty (240) working hours provided above will be granted time off without pay. Due
to the unique 24 hours shift schedule, the employee may break the absence time into 12 hour blocks
and will be charged for a 6 hour block of time in order to facilitate travel and military duty
requirements.
The employee shall be required to provide timely notice of such training assignments to the City of
such training assignments. Failure to provide any of the timely notices herein required of an
employee’s military orders to the Fire Chief shall be considered just cause for disciplinary action
not to exceed a three (3) day suspension.
B. For the purposes of this Section, "armed forces" shall be defined to include:
1. The Army, Navy, Marine Corps, Air Force and Coast Guard.
2. The auxiliary services directly necessary to and actually associated with the armed forces of the
United States, as may be determined by the City.
C. Application for reinstatement must be made within 90 calendar days from date of discharge or release, or
from hospitalization continuing after discharge for a period of not more than one year. Such application
shall be in writing to the Human Resources Director and shall be accompanied by evidence of honorable
discharge or release.
D. Upon return from military leave, the employee shall be reinstated in the City service in accordance with the
following regulations:
1.If still qualified to perform duties of his/her former position, the employee shall be restored to
position or to a position of like seniority, status and pay; or
2. If not qualified to perform the duties of his/her former position by reason of disability sustained
during such service but qualified to perform the duties of any other position in the employ of the
City, the employee shall be restored to such other position, the duties of which the employee is
qualified to perform, as will provide the employee with like seniority, status and pay, or the nearest
approximation thereof consistent with the circumstances in his/her case.
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3. In the event no vacancy exists in the appropriate class and there is an employee in such class
serving a probationary period who has not acquired regular status, then such probationary employee
shall be laid off and the returning employee reinstated.
4. If a returning employee has regular status and cannot be reinstated under the provisions of
paragraph (3) above, then the employee having been employed in the appropriate class for the
shortest period of time shall be laid off and the returning employee reinstated.
5. A returning employee shall have the same status as prior to the beginning of his/her military leave.
The employee shall be allowed to take any subsequently administered examination for promotion
after return that he/she would have been eligible to take had he/she not been on military leave, and
shall be required to complete any uncompleted period of probation. No grievance shall be filed or
processed by any other employee or the Union in connection with this paragraph.
6. The employee shall submit to such medical and/or physical examinations as the City Manager shall
deem necessary to determine whether or not such military service has in any way incapacitated
him/her for the work in question; provided however, that as far as practicable any employee
returning with disabilities shall be placed in such employment as the City Manager shall deem
suitable under the circumstances.
7. Any regular or probationary employee receiving a dishonorable discharge from the armed forces
shall not be reinstated to any position in the City service.
8. An employee granted a military leave of absence shall, insofar as possible, have all the rights and
privileges he/she would have had if he/she had remained on duty including cumulative seniority,
and except as otherwise provided in these Rules and Regulations, all other benefits dependent on
length of employment to the same extent as if the employee had not been absent on such leave.
An employee returning from military service shall be reinstated to active City service at the earliest possible
date following application for such reinstatement, consistent with the best interests of the City service and
taking into consideration necessary adjustments of staff. However, in no event shall this period be more than
thirty (30) calendar days. The City shall have the right as part of directing the employee's duties upon
returning to work, to assign the employee to such training as is necessary in its judgment to ensure the
employee's familiarity with job duties and knowledge.
ARTICLE 9
WAGES AND COMPENSATION
Section 1.Pay Schedule
The pay schedule shall be in accordance with Appendix A
Effective for the beginning of the payroll period that includes October 1, 2015, pay ranges for all
classifications shall be adjusted by 4.5%, and the City shall provide a 4.5% general wage increase for
all employees.Effective for the period from October 1, 2015 through September 30, 2016,
employees shall not be advanced in Step as provided for in Section 2 of this Article.The time
period from October 1, 2015 through September 30, 2016 shall not be counted toward any
further Step advancement.
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Effective for the period from includes October 1, 2016, pay range minimums and maximums shall
not be adjusted and employees shall not receive a general wage increase. Effective for the period
from October 1, 2016 through September 30, 2017, employees shall be advanced in Step as
provided for in Section 2 of this Article.
Effective for the beginning of the payroll period that includes October 1, 2017, pay ranges for all
classifications shall be adjusted by 4.5%, and the City shall provide a 4.5% general wage increase for
all employees. Effective for the period from October 1, 2017 through September 30, 2018,
employees shall not be advanced in Step as provided for in Section 2 of this Article.The time
period from October 1, 2017 through September 30, 2018 shall not be counted toward any
further Step advancement.
Any further step advancements after September 30, 2018 will be dependent upon and subject to
negotiations in any successor Agreement.
Section 2.Pay Schedule Format: Merit Step Increases
A.The classes of Firefighter, Firefighter/Driver-Operator, and Fire Medic shall have twelve merit steps. The
classes of Fire Prevention Inspector, Fire Lieutenant, and Fire Medic Lieutenant shall have nine merit
steps. Merit steps two through six shall provide for approximately a 5% increase over the preceding step,
and merit steps seven through thirteen shall provide for approximately a 2-1/2% increase over the
preceding step.
B.Pay increases are not automatic but are management review rates and may be granted only upon receiving
a rating of satisfactory or better on the annual performance review. Eligibility for review for within pay
schedule increases shall be as follows:
Appointment and Merit Step Review and Advancement:
Step 1 Original appointment or promotion
Step 2 At the end of one year of satisfactory service in Step 1.
Step 3 At the end of one year of satisfactory service in Step 2.
Step 4 At the end of one year of satisfactory service in Step 3.
Step 5 At the end of one year of satisfactory service in Step 4.
Step 6 At the end of one year of satisfactory service in Step 5.
Step 7 At the end of one year of satisfactory service in Step 6.
Step 8 At the end of one year of satisfactory service in Step 7.
Step 9 At the end of one year of satisfactory service in Step 8.
Step 10 At the end of one year of satisfactory service in Step 9.
Step 11 At the end of one year of satisfactory service in Step 10.
Step 12 At the end of one year of satisfactory service in Step 11.
Step 13 At the end of one year of satisfactory service in Step 12.*
*All employees with more than one year credit in Step 12 at the beginning of FY 2016-2017 will
receive the Step 13 increase effective on October 1st. Those in step 12 with less than one year credit will
receive their step 13 on their respective anniversary date.
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If an employee's evaluation by management is rated satisfactory or higher, the approved merit pay
increase shall become effective as of the date of the employee's eligibility therefore, except as provided in
Section 3 below.
Section 3.Merit Step Review - Increases and Delay or Denial
Employees who receive a merit eligibility evaluation rating of Satisfactory or higher shall be advanced
as provided in Section 2 above.
Employees who receive a merit eligibility evaluation rating of less than Satisfactory shall not be
granted a merit step advancement. Such employees shall be reevaluated after three months and if then rated
satisfactory, shall be granted a merit step adjustment as of the date of the three-month follow-up evaluation.
The effective date of the increase shall be utilized for the purpose of determining eligibility for future merit
evaluation review and advancement to the next higher step.
If the initial three months follow-up evaluation rating is still less than Satisfactory, the employee shall
be evaluated again in three more months. If then rated Satisfactory or higher, the employee shall be granted a
merit step adjustment as of the end of that second three-month follow-up period. The effective date of this
increase shall be utilized for the purpose of determining eligibility for future merit evaluation review and
advancement to the next higher step.
If the employee is rated less than Satisfactory on the second three-month follow-up evaluation, no
merit step advancement shall be made; and the employee will be evaluated again one year from the date of the
initial annual evaluation which was less than Satisfactory.
Section 4.Rates of Pay
A.Base rate of pay is defined as compensation at the rate prescribed for the job class in the Pay Schedule.
B.Regular rate of pay is defined as base pay and any assignment pay if regularly assigned.
C.Overtime is defined as one and one-half times an employee’s regular rate of pay.
Section 5.Annual Personal Resource Allowance
A.All members of the bargaining unit who are actually working on January 1st of each year shall be
provided an annual allowance of $440 per year, which shall be utilized to cover (1) the costs of
laundering coat, shirts, pants, jumpsuit, and bed linens, (2) the replacement of personal items such as
glasses, watches, hearing aids, etc., and (3) time spent attending the annual physical, except for 40-hour
schedule personnel who shall attend on duty, but shall still receive the allowance.
B.An employee who is on extended sick leave (60 days or more) or has been approved for regular
disability retirement by the Pension Advisory Committee shall no longer be eligible for the personal
resource allowance.
C.The annual resource allowance shall be paid on a quarterly basis to eligible bargaining unit members
who are actually working at the time of the quarterly payment, and shall reflect the appropriate amounts
subject to withholding and not subject to withholding for tax purposes.
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Section 6.Mileage Reimbursement
A.For each move a member of the bargaining unit is required to make, and use his/her own vehicle, after
he/she has reported to his/her duty station, the City will provide reimbursement to the employee in
accordance with Sec. 2.328 of the City of Clearwater Code of Ordinances; or, the City may elect to provide
transportation.
B.The mileage reimbursement rate shall be consistent with City Policy.
C.This distance will be computed by the City, so that both the City and employee can refer to a standard table
to ascertain the distance between any two Fire Stations.
D.Written requests for mileage reimbursement must be made to the Fire Chief's office on or before
September 15. Requests received after September 15th shall be void and no reimbursement shall be
required of the City.
E.The Department will post a reminder notice at least 30 days prior to September 15.
F.The money shall be paid by September 30 of each year.
G.In the event that an employee is transported in a City vehicle under the provisions of this part, the City will
provide the employee transportation back to his/her duty station at or before the end of the employee's tour
of duty if the employee so requests.
Section 7.Special Teams
Any employee who meets the current certification guidelines set forth by the Fire Chief and is specifically
assigned to a Special Team on a scheduled shift shall receive twenty- five dollars per payroll period in addition
to the current base rate of pay. Bargaining unit members who meet the current certification guidelines set forth
by the Fire Chief and are assigned as team leaders shall not receive the Special Team pay as described above,
but shall instead receive thirty five dollars per payroll period in addition to the current base rate of pay.
Special Team training and assignments shall be made at the discretion of the Fire Chief or his/her
designee and Special Team Pay will be provided to a maximum number of employees as follows:
Dive Team – 6 per shift plus one team leader
Technical Rescue Team – 8 per shift plus one team leader
Emergency Response (SWAT) Team – 4 per shift plus one team leader
Employees may participate on more than one Special Team but shall be eligible to be compensated for
one Special Team only. Additional employees may be permitted to participate in the training process only
based on availability of funds. The department shall provide the initial issue of clothing and equipment
particular to Special Teams and the replacement of clothing (shirt, pants, coat, and jumpsuit) will be the
responsibility of the employee through the use of the annual Personal Resource Allowance. Initial issue
Special Team clothing shall be the following:
Dive Team
Coat/Jacket 1
Jump Suit 1
Swim Trunks 1
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Tee Shirt 1
Shorts 1
Technical Rescue Team
Tech Shirt 3
Tech Pants 3
S.W.A.T. Team
Shirt 2
Pants 2
An employee may be removed from a Special Team assignment if he/she is unable to participate for
a period of 30 days or more for reasons other than scheduled leave. Special Team pay may be discontinued
at any time should the City no longer continue to provide the designated service.
Section 8 EMS Wages
A.All employees shall receive pay in accordance with Appendix A.
B.Employees assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver-Operator,
and Fire Lieutenant who are State of Florida and Pinellas County certified as a Paramedic, and who
agree in writing to be willing to serve in an acting capacity as a Fire Medic or to be assigned as a
Paramedic on an ALS unit when called upon by the Department to do so, shall receive a Paramedic
certification pay differential of $100.00 per payroll period. Such employees shall be eligible to receive
Acting Pay in accordance with Paragraph C below in addition to the biweekly certification pay. Such
employees who elect to receive the Paramedic certification pay differential shall be required to provide
written notice of their intent to no longer be willing to serve in an Acting capacity as a Fire Medic or as
an assigned Paramedic on an ALS unit and thereby no longer receive the $100.00 per payroll period
certification pay differential at least 30 calendar days prior to the end of the payroll period in which
they wish to effect the change. Upon the effecting of such requests by the Department, the affected
employees shall not be eligible to receive the Paramedic certification pay differential for a period of six
months. Employees assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver-
Operator, and Fire Lieutenant who are State of Florida and Pinellas County certified as a Paramedic
and who do not agree to be willing to serve in an Acting capacity as a Fire Medic or as an assigned
Paramedic on an ALS unit and thereby not receive the $100.00 per payroll period certification pay
differential shall be eligible to elect to be assigned as a Paramedic to an ALS unit on a voluntary basis,
and when so assigned on an ALS unit shall be compensated in accordance with paragraph C below.
C.Employees assigned to the non-Paramedic classifications of Firefighter, Firefighter/Driver-Operator, or
Fire Lieutenant who are state and county certified as an E.M.T. or Paramedic, and who are not
receiving Acting pay, and who are assigned on an ALS unit will receive assignment pay of 5% above
the employee’s current base rate of pay for all hours served on the ALS unit. Any certified paramedic
receiving pool pay regularly assigned as a DO or Lt and who is assigned as the FireMedic on the ALS
unit shall receive an additional 5% acting medic pay in addition to the 5% ALS assignment pay.
D.The Department agrees to publish a semiannual list of the dates of expiration of all E.M.T. and
Paramedic certifications.
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Section 9.Training and Tuition Refund
A.Members of the bargaining unit shall be entitled to participate in a tuition reimbursement program provided
that all classes are off-duty, except for promotional courses for the positions of Lieutenant and/or Fire
Assistant Chief where department policy will be followed. However, the City and the Union may agree to
pro rate such tuition reimbursement for classes which cross both on-duty and off-duty time.
B.The tuition refund for members of the bargaining unit shall be up to $1500 per year for each year of the
agreement. However, if classes taken by a bargaining unit member pertain to an advanced degree program
(Masters degree or higher), then up to $1800 of tuition paid for such classes shall be reimbursable.
C.Participation in Tuition Refund will not imply any eligibility for school time pay nor will it impose any
obligation to the City under FLSA.
D.Except for training requirements occasioned by extended vacations, when a bargaining unit member is
directed by the Department to attend classes, the member will be compensated for the hours spent in
accordance with the law.
E.The City shall provide and maintain reasonable training grounds and facilities.
F.The City agrees to pay the tuition only for classes required as part of a State of Florida Paramedic
certification program for up to one bargaining unit member per shift or 3 members total, whichever is
greater, for each year of this Agreement provided that the classes are offered in such a manner that the
employees may attend the classes during non-duty hours, and such class hours shall not be counted as
hours worked. Should such classes not be available in a manner that the employees may attend during non-
duty hours, the Fire Chief in his/her sole discretion shall determine whether to release the employees from
duty for only the hours necessary to attend the classes. In such case, the employees shall be expected to
serve the remaining hours of any shift for which they are scheduled. Any prerequisite classes necessary to
participate in a State of Florida Paramedic certification program shall only be subject to the tuition
reimbursement provisions outlined in Paragraphs A-D above and in accordance with established
Department guidelines to determine whether or not the class hours constitute compensable time.
Any existing employee who obtains a State of Florida Paramedic certification through the process outlined
in this Section shall be required to comply with the requirements necessary to obtain and maintain
certification as a Paramedic in Pinellas County, and shall be required to remain with Clearwater Fire and
Rescue and serve as a Fire Medic when called upon to do so for a period of five years or shall be subject to
repayment of any costs incurred by the Department for such classes. Should an employee voluntarily leave
the department or be permitted to voluntarily demote to a non-paramedic classification in accordance with
this agreement before the end of the five year period, the amount of such repayment shall be prorated by 3-
month increments with the employee being required to pay the prorated amount corresponding to the
number of remaining full 3-month periods not served.
Section 10. Clothing and Equipment
A.The City shall continue to provide the initial clothing and protective devices currently supplied, or their
equivalent, and initial safety equipment currently supplied, without cost to the employee. Employees shall
be required to wear or use the clothing or other items provided unless a suitable replacement as determined
and approved in advance by the Department is provided by the employee at the employee’s own cost. The
employee will replace any lost or abused equipment that has been supplied by the Department by
47
purchasing the lost or abused equipment from the Department at the value of the lost or abused equipment,
as determined by the Fire Chief.
B.The following equipment will be supplied initially to each employee:
Item Quantity
Suppression and EMS Inspection
Coat 1 1
Pants 5 8
Class A Shirts Short Sleeve 5 7
Long Sleeve 1 1
T-Shirts Short Sleeve 6
Long Sleeve 3 @ employee option)
Shorts 2
Sweatshirt 1
Jumpsuit 1 1
Shoes 1 pair
Hat 1
Tie 1
Badge*1 2
Nametag 1 1
Collar Insignia (set(s), as necessary)2 1
Blanket 1
Pillow 1
Bunker Coat 1 As assigned
Bunker Pants 1 As assigned
Helmet*1 As assigned
Firefighting Boots (pair)1 As assigned
Firefighting Gloves (pair)1 As assigned
Air Mask/Personal Regulator 1 each
Nomex Hood 2
Suspenders 1
Safety Vest 1 1
Howd Strap 1 1
City and County ID 1 each 1 each
Flashlight 1
Personal Escape System/Carabiner Assembly 1
Steel Toed Uniform Shoes 1 pair
All employees will be provided an initial issue of any new items in addition to those on the list above when
such items are required by the Department. Equivalent variations of clothing items on the list above, such
as coats, shirts, and pants, may be provided by the Department to all newly hired employees and shall be
available to existing incumbent employees through the use of the personal resource allowance as defined in
this Agreement.
C.All items issued by the Department shall be returned to the Department before an employee leaves the
service of the Department either by termination, resignation, retirement, etc. Should any such items not be
returned, the City shall withhold from the employee’s final paycheck an amount sufficient to reimburse the
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City at a pro-rated replacement cost of the equipment.
D.The Department shall issue and maintain uniforms and equipment to personnel it determines necessary in
order to provide an Honor Guard presence as the City deems appropriate and subject to the availability of
funds. It is understood that the decision whether to have an Honor Guard, and who shall be designated to
participate, rests with the Fire Chief in his sole discretion. Any items issued to Honor Guard personnel
shall remain the property of the Department and shall be returned upon separation in accordance with
Paragraph C of this Section above.
E.The Department shall annually replace the following uniform items in accordance with procedures
established by the Department.
Pants 2 pair
Pants (tactical)1 pair
Shorts 2 pair
Short Sleeve Tee Shirts 6
Short Sleeve Shirt 1
Jump Suit 1 every 2 years
Long SleeveTee Shirts 3
Section 11. Standby
A.Fire Prevention Inspectors, (both primary and back-up), who are assigned to remain in a standby status
while not on duty shall be paid at the following rates during the term of this agreement:
Monday through Friday $30.00 per night
Weekends $40.00 per day
Extended Time During Designated Holidays $40.00 per day
B.Standby assignments are mutually exclusive of call-in and holdover provisions of this agreement.
Nightly standby (Monday – Friday) shall begin at the end of each regular workday and shall end at the
beginning of the next workday (16-hour period). Weekend standby shall begin at the time which would
be the employee’s normal starting time on Saturday and shall conclude at the beginning of the
employee’s regular workday on Monday (48-hour period). Extended Time During Designated Holiday
shall apply when an employee assigned to standby continues in standby assignment for an 8-hour
extended period on a designated holiday. In addition to the above, an employee who is called out to
work while on nightly or weekend standby duty shall be credited with one hour work time or the actual
hours worked during the entire standby period, whichever is greater.
C.The Department retains the discretion but is not required to assign a take-home vehicle to Fire
Prevention Inspectors who are subject to standby.
Section 12. Paycheck Issuance
Paychecks shall be available on the same day that the paycheck is dated, to be issued to employees
both on-coming and off-going shift at their assigned station. Until the checks or vouchers are issued to the
employees, they shall be secured at a location at each station.
Employees shall be required to elect to receive the entirety of the pay in either standard hard copy
paycheck format or through direct deposit by electronic transfer, and will not be permitted to split their pay
49
between the two mediums. Employees may elect to change from one payment medium to the other at any
time provided written notice of fourteen calendar days is given to the City’s Payroll division.
ARTICLE 10
INSURANCE
Section 1.Life Insurance
All life insurance premium contributions and plans currently in force shall continue for the duration of
this Agreement. The selection of an insurance company shall be free and without prejudice and of the
employee’s choice from the companies offered by the City, with the approval of the Insurance Committee.
The Union agrees to participate with the Insurance Committee in making decisions regarding life insurance.
The City shall no longer permit any new enrollment in the 1% Life Insurance Program. Bargaining
unit employees who are enrolled as of the effective date of this Agreement may continue to participate
provided they maintain their participation on a continuous basis thereafter. Any employees who currently
participate and choose to discontinue their enrollment will not be permitted to re-enroll in this benefit again at
a later date.
Section 2.Death Benefits
The current practice of paying accrued rights and benefits to the designated beneficiary or next-of-kin
upon the death of an employee shall continue.
Section 3.Health Insurance
The City agrees to meet with the I.A.F.F. and other City of Clearwater union representatives to review
the health insurance program for the purpose of reducing the cost of such program for the City and the
employees. The City further agrees to provide the I.A.F.F. with such information as would be required to
formulate such a benefit package and to cooperate with the I.A.F.F. and other unions to obtain pertinent
information from the present carrier.
The City agrees that for the calendar year occurring within the first year of the agreement, the City
shall contribute toward the medical insurance premiums for employees and their dependents in the amount
approved for the plans approved by the City Council. The City agrees to maintain the current Benefits
Committee recommendation process culminating in final action by the City Council to determine medical
insurance premiums for employees and their dependents for the duration of this Agreement. The City
further agrees that during the life of the agreement, the City will make available to employees the option of
at least one health insurance plan for which the City shall pay 100% of the premium for the employee only
base benefit plan cost, it being understood that such base plan may provide a different level of benefit than
that which is currently provided. Additional coverage for the family or spouse, as well as any
enhancements or “buy ups” to the base plan will continue to be paid for by the employee.
Any information received by either party from the consultant or from another carrier will be shared
with the other party.
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ARTICLE 11
PERFORMANCE AND DISCIPLINE
The City and the Union agree that any system of discipline or performance management should be
continually reviewed for its effectiveness. The system may be modified from time to time to better meet the
needs of the employees and the City. Any changes will be consistent with sound personnel practices. All
discipline will be for just cause and consistent with due process. Employees have the right to Union
representation any time they believe a meeting may lead to disciplinary action.
The City-wide and Fire Department standards shall be in writing. The Union will provide input as the
standards are developed and/or modified. If the Union refuses to participate or provide input, the City and the
Fire Department maintain the right to change the process. The City recognizes that members of the Fire
Department are protected by the “Firefighter Bill of Rights” and any disciplinary action will conform to the
guidelines of that law.
ARTICLE 12
DRUG AND ALCOHOL POLICY
Section 1.Voluntary use of controlled substances which cause intoxication or impairment on the
job poses risks to the employer, the affected employee and their coworkers.
Section 2.All bargaining unit employees will be fully informed of the employer's for cause drug
testing policy before testing is administered. Bargaining unit employees will be provided with information
concerning the impact of the use of drugs on job performance. Fire Assistant Chiefs and other management
personnel will be trained to recognize the symptoms of drug abuse, impairment and intoxication. The City will
permit five employees selected by the Union to attend such training class on City time.
Section 3.City’s Drug and Alcohol Program Policy
A.The City’s Drug and Alcohol Program Policy delineates drug and alcohol test procedures. Revisions
governing testing standards and job classification specifications shall be made as revisions to laws or
regulations of state or federal government or agencies deem permissible. Union representatives will be
furnished with copies of the policies upon such revision. Whenever the City or the Union proposes to
amend or change any policy affecting drug and alcohol testing, the City or the Union shall provide notice
and a copy of the proposed amendments or changes to the other party a reasonable period of time in
advance of the proposed effective date of the change. The Union and the City shall have the right to
bargain such proposed amendments or changes in accordance with the law and the terms of this agreement.
B.References to CDL and “safety-sensitive” employees and positions shall not apply to IAFF bargaining
unit members. As such, IAFF bargaining unit members shall not be subject to the following provisions
of the City Drug and Alcohol Program Policy or agreed to by the parties:
Section II, B.
Section II, C.
Section II, E. 2.
Section II, E. 4.
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ARTICLE 13
RETIREMENT
Section 1.The City and the Union agree that prior to retiring an employee may use his/her
vacation leave balance at 100% value and sick leave balance at 50% value to advance the employee’s date of
retirement.
Section 2.The employee will be considered a regular employee for service credit to the pension
plan. The City and the employee will continue to contribute to the pension plan.
Section 3.During the period of “retirement advancement”, the employee will not be eligible to
receive or accrue any benefits except retirement credit, and Educational Incentive Pay. The benefits that will
stop include, but are not limited to, vacation and sick leave accrual, insurance premium payments, workers’
compensation, holidays and holiday pay, allowances, reimbursements and special payments of any kind.
ARTICLE 14
SENIORITY AND LAYOFFS
Section 1.Seniority
A.Definition -- Seniority is hereby defined as the length of continuous service in City employment except as
applied to vacation preference, promotions, layoffs, and assignments.
B.How Measured
1.In the event an employee transfers from the Fire Department to another position within the City and, at
a later date, transfers back to the Fire Department, the seniority date for the purpose of layoff,
promotions and transfers, shall be the date the employee transfers back into the Department.
2.Any employee who transfers from another City department to the Fire Department shall retain full City
seniority with regards to vacation and sick leave accrual. However, for purposes of layoff,
departmental seniority shall prevail. In regards to pay and pensions, the applicable civil service rules
or City Pension ordinance shall apply.
3.In the event two or more employees have the same seniority date, the employee whose first letter of
his/her last name is closest to the letter "A" shall have more seniority.
4.The seniority list on the date of this agreement shall reflect names, job titles, and seniority dates
(departmental and City) of all employees.
5.The City will maintain a current seniority list at all times and will provide the Union with copies of
such list in December and June of each year.
6.Emergency, provisional, seasonal and temporary part-time employees shall not accumulate seniority
during any period of such employment.
C.Continuous service shall mean employment by the City in a position in the classified service without
interruption or break, except that the following shall not be considered as breaks in employment:
52
1.Leaves of absence or time off with or without compensation granted pursuant to this Contract. The
length of any such leave shall not be deducted from the length of continuous service in computing
seniority.
2.Layoffs for lack of work, lack of funds, abolition of position, or because of material changes in duties
or organization, not exceeding one year in length, followed by reinstatement or by appointment from
the reemployment list. The length of any such layoff shall not be deducted from the length of
continuous service in computing seniority.
3.Disability retirement if and when followed by reinstatement. The length of any such disability
retirement shall not be deducted from the length of continuous service in computing seniority.
4.Suspensions of less than three months in accordance with this Agreement. The length of any such
suspension of more than three months shall be deducted from the length of continuous service in
computing seniority.
5.Dismissals subsequently withdrawn or modified by the Appointing Authority, arbitration award,
grievance decision, or the Civil Service Board in accordance with this Agreement.
6.Resignations subsequently withdrawn, in accordance with this Agreement, within six months after
acceptance, followed by reinstatement or appointment from the reemployment list; provided, however,
that the actual length of separation from the service shall be deducted from the length of continuous
service in computing seniority.
D.Uses -- In addition to the circumstances and conditions wherein, by the provisions of this Agreement
and/or these Rules, seniority has been determined to be the controlling factor, it shall also be given
reasonable consideration in determining the order of layoff, the order of names on a reemployment list and
in promotions in accordance with the rules governing those procedures.
E.Transfer -- In the event of a transfer or appointment from certification to another department, an employee
shall retain all accumulated seniority.
Section 2.Layoffs
A.In the event of layoffs, all probationary status employees in the class involved shall be laid off before any
permanent status employees in the class involved. The order of layoff of probationary employees shall be
determined by management evaluations of the performance and potential of the employees.
B.In the event further layoffs are required, such layoffs shall be accomplished by class groups of Firefighter,
Firefighter/Driver-Operator, Fire Medic, Fire Lieutenant, Fire Medic Lieutenant, and Fire Prevention
Inspector. Notwithstanding anything to the contrary contained in this Agreement, Management shall
determine the number of employees to be laid off and the class or classes involved. An employee who is
designated to be laid off shall have the opportunity to revert to the position he/she held prior to his/her
current classification. If this movement requires further reduction in the work force, the same procedure
shall be utilized for subsequent positions in accordance with this section, and the process continued through
the ranks thereafter. Within the involved classes, layoffs shall be accomplished by the following
groupings:
1.Group A -- Employees with one through three years of service in the Clearwater Fire Department.
2.Group B -- Employees with four through six years of service in the Clearwater Fire Department.
53
3.Group C -- Employees with seven through nine years of service in the Clearwater Fire Department.
4.Group D -- Employees with 10 through 12 years of service in the Clearwater Fire Department.
5.Group E -- Employees with 13 through 15 years of service in the Clearwater Fire Department.
6.Group F -- Employees with 16 through 18 years of service in the Clearwater Fire Department.
7.Group G -- Employees with 19 or more years of service in the Clearwater Fire Department.
All employees in Group A must be laid off before any employees listed in Group B; all employees
in Group B must be laid off before any employees listed in Group C; etc. Within each group, employees
shall be ranked by management and employees laid off by the rank order established. Management rating
of employees can be based upon performance evaluations by management of the preceding 3-year period
(if available), disciplinary actions, and physical ability to perform the job. When other qualifications are
substantially equal, Fire Department seniority will govern. Management will provide a list of the rank
order within Groups prior to the layoff.
Section 3.No new employee shall be hired until the employee on layoff has been given an
opportunity to return to work at his/her original seniority date and position; provided, that after one year of
layoff the employee shall cease to accrue seniority and that such reemployment rights shall cease after two
years from the date of layoff.
Section 4.The Fire Chief shall give written notice to the Human Resources Director and to the
affected employee(s) including the President of the Union, on any such proposed layoff. Such notice shall
state the reason thereof and shall be submitted 30 days before the effective date of proposed layoff.
ARTICLE 15
DURATION, MODIFICATION, AND TERMINATION
Section 1.Amendments
This Agreement may be amended at any time by the mutual written consent of the parties, but no such
attempted amendment shall be of any force or effect until placed in writing and executed or ratified as required
by each party hereto.
Section 2.Severability and Waiver
A.In the event that any clause or clauses in this Agreement shall be finally determined to be in violation
of any law, such clause or clauses only shall be deemed of no force and effect and unenforceable,
without impairing the validity and enforceability of the rest of the contract, including any and all
provisions in the remainder of any clause, sentence or paragraph in which the offending language may
appear.
B.The exercise or non-exercise by the City or the Union of the rights covered by this Agreement shall not
be deemed to waive any such right or the right to exercise them in some other way in the future.
54
C.In the event of invalidation of any article or section, both the City and the Union agree to meet within
30 days of such determination for the purpose of arriving at a mutually satisfactory replacement for
such articles or sections.
Section 3.Duration
This Agreement shall be effective as of October 1, 2015, and shall continue in full force and effect until
September 30, 2018, At least 120 days prior to the termination of this Agreement, either party hereto shall
notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the
other party of intention to modify, amend or terminate, as herein above set forth, will automatically extend the
provisions and terms of this Agreement for a period of one year, and each year thereafter absent notification.
55
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this
day of , 2015.
ATTEST:CITY OF CLEARWATER, FLORIDA
___________________________________ ___________________________________
Rosemarie Call, City Clerk William B. Horne II, City Manager
Approved as to form and correctness:Countersigned:
___________________________________ _____________________________________
Pamela K. Akin, City Attorney George N. Cretekos, Mayor
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, Local 1158
WITNESSES:
Sean Becker, President, Local 1158
Adam Siegel, Vice President, Local 1158
David Hogan, Secretary/Treasurer, Local 1158
56
APPENDIX A - WAGES
FIREFIGHTER
PAY RANGE F-02 (80/106 HOURS)
4.5% GWI Step 4.5% GWI
October, 2015
Biweekly
October, 2016
Biweekly
October, 2017
BiweeklyStep
1 $1,528.881 $1,528.881 $1,597.681
2 $1,606.888 $1,606.888 $1,679.198
3 $1,684.731 $1,684.731 $1,760.544
4 $1,772.617 $1,772.617 $1,852.385
5 $1,860.043 $1,860.043 $1,943.744
6 $1,952.564 $1,952.564 $2,040.429
7 $2,001.290 $2,001.290 $2,091.348
8 $2,049.913 $2,049.913 $2,142.159
9 $2,108.414 $2,108.414 $2,203.293
10 $2,161.138 $2,161.138 $2,258.390
11 $2,216.381 $2,216.381 $2,316.118
12 $2,271.743 $2,271.743 $2,373.972
13 $2,328.489 $2,328.489 $2,433.271
FIREFIGHTER/DRIVER-OPERATOR
PAY RANGE F-04 (80/106 HOURS)
4.5% GWI Step 4.5% GWI
October, 2015
Biweekly
October, 2016
Biweekly
October, 2017
BiweeklyStep
1 $1,605.332 $1,605.332 $1,677.572
2 $1,687.234 $1,687.234 $1,763.160
3 $1,768.973 $1,768.973 $1,848.577
4 $1,861.257 $1,861.257 $1,945.013
5 $1,953.037 $1,953.037 $2,040.924
6 $2,050.194 $2,050.194 $2,142.453
7 $2,101.349 $2,101.349 $2,195.909
8 $2,152.385 $2,152.385 $2,249.243
9 $2,213.864 $2,213.864 $2,313.488
10 $2,269.181 $2,269.181 $2,371.294
11 $2,327.193 $2,327.193 $2,431.917
12 $2,385.339 $2,385.339 $2,492.679
13 $2,444.937 $2,444.937 $2,554.959
57
FIRE MEDIC
PAY RANGE F-10 (80/106 HOURS)
4.5% GWI Step 4.5% GWI
October, 2015
Biweekly
October, 2016
Biweekly
October, 2017
BiweeklyStep
1 $1,834.657 $1,834.657 $1,917.217
2 $1,928.274 $1,928.274 $2,015.046
3 $2,021.683 $2,021.683 $2,112.659
4 $2,127.134 $2,127.134 $2,222.855
5 $2,232.036 $2,232.036 $2,332.478
6 $2,343.100 $2,343.100 $2,448.540
7 $2,401.527 $2,401.527 $2,509.596
8 $2,459.909 $2,459.909 $2,570.605
9 $2,530.140 $2,530.140 $2,643.997
10 $2,593.366 $2,593.366 $2,710.068
11 $2,659.643 $2,659.643 $2,779.327
12 $2,726.098 $2,726.098 $2,848.772
13 $2,794.212 $2,794.212 $2,919.952
FIRE LIEUTENANT
PAY RANGE F-12 (80/106 HOURS)
4.5% GWI Step 4.5% GWI
October, 2015
Biweekly
October, 2016
Biweekly
October, 2017
BiweeklyStep
4 $2,233.491 $2,233.491 $2,333.998
5 $2,343.681 $2,343.681 $2,449.147
6 $2,460.255 $2,460.255 $2,570.966
7 $2,521.603 $2,521.603 $2,635.075
8 $2,582.905 $2,582.905 $2,699.135
9 $2,656.648 $2,656.648 $2,776.197
10 $2,723.035 $2,723.035 $2,845.571
11 $2,792.626 $2,792.626 $2,918.294
12 $2,862.402 $2,862.402 $2,991.210
13 $2,933.922 $2,933.922 $3,065.949
58
FIRE PREVENTION INSPECTOR
PAY RANGE F-12 (80 HOURS)
4.5% GWI Step 4.5% GWI
October, 2015
Biweekly
October, 2016
Biweekly
October, 2017
BiweeklyStep
4 $2,233.491 $2,233.491 $2,333.998
5 $2,343.681 $2,343.681 $2,449.147
6 $2,460.255 $2,460.255 $2,570.966
7 $2,521.603 $2,521.603 $2,635.075
8 $2,582.905 $2,582.905 $2,699.135
9 $2,656.648 $2,656.648 $2,776.197
10 $2,723.035 $2,723.035 $2,845.571
11 $2,792.626 $2,792.626 $2,918.294
12 $2,862.402 $2,862.402 $2,991.210
13 $2,933.922 $2,933.922 $3,065.949
FIRE MEDIC LIEUTENANT
PAY RANGE F-13 (80/106 HOURS)
4.5% GWI Step 4.5% GWI
October, 2015
Biweekly
October, 2016
Biweekly
October, 2017
BiweeklyStep
4 $2,480.659 $2,480.659 $2,592.288
5 $2,603.853 $2,603.853 $2,721.026
6 $2,743.825 $2,743.825 $2,867.297
7 $2,805.437 $2,805.437 $2,931.682
8 $2,878.245 $2,878.245 $3,007.766
9 $2,950.920 $2,950.920 $3,083.712
10 $3,024.646 $3,024.646 $3,160.755
11 $3,100.283 $3,100.283 $3,239.796
12 $3,177.801 $3,177.801 $3,320.802
13 $3,257.259 $3,257.259 $3,403.835
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1611
Agenda Date: 9/17/2015 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 8.3
SUBJECT/RECOMMENDATION:
Approve the annual renewal of Layne Inliner, LLC, Sanford, FL, construction contract for the
cleaning and video inspection of stormwater outfall locations throughout the City of Clearwater
in the annual amount of $435,000 for year two and year three for a total of $870,000, and
authorize the appropriate officials to execute same.
SUMMARY:
May 1, 2014, City Council approved a construction contract for the cleaning and video
inspection of Stormwater outfalls throughout the city on a unit price basis. This contract
includes options to renew for up to two one-year periods at the same unit prices.
City Storm Pipes have decreased capacity when they contain sand, tree roots, barnacles and
many other types of debris.
This contract will involve removal of debris to improve the function and integrity of the
Stormwater infrastructure.
The City of Clearwater Engineering Department will direct the contractor to high priority pipe
systems as established by review of inspection reports and maintenance records.
This contract is being renewed based on unit price only for a value of $435,000 annually for
years two and three not to exceed $870,000.
APPROPRIATION CODE AND AMOUNT:
0315-96124-563700-539-000-0000 $435,000
Funds are available in Capital Improvement Program (CIP) project 315-96124, Storm Pipe
System Improvements, in the amount of $435,000 in Fiscal Year 2015. Fiscal Year 2016
funding will be included in the Stormwater recommended CIP budget from the Director for
total funding of $870,000.
Page 1 City of Clearwater Printed on 9/17/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1647
Agenda Date: 9/17/2015 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 8.4
SUBJECT/RECOMMENDATION:
Award a Construction Contract to Castco Construction, Inc., of Largo, Florida, in the amount
of $281,195.92 for Mission Hills Raw Water Main Project (14-0038-UT), which is the lowest
responsible bid received in accordance with plans and specifications for this project; approve
Supplemental Work Order 1 to Engineer of Record (EOR) URS Corporation in the amount of
$11,955 to provide limited Construction Engineering and Inspection Services (CEI); and
approve a Facility Encroachment Agreement with CSX, authorize the appropriate officials to
execute same and adopt Resolution 15-23.
SUMMARY:
This agenda item is for the construction of components to transport raw water from the
Mission Hills Raw Water Main Project (14-0038-UT) to the new RO Plant 2 improving the cost
effectiveness of the water services provided by the City based on the Water Supply Master
Plan (WMP) in 2004.
The construction includes installing the raw water main pipe at two different locations - CSX
crossing in Kapok Park and SR590 between Virginia Lane and Mission Hills Boulevard.
The City received three bids and Castco Construction, Inc. was the lowest bidder for the
amount of $281,195.92. After comparing the bids, URS has provided a recommendation to
award the construction of the project to Castco Construction, Inc. and city staff concurs.
December 4, 2014, City Council approved a work order initiation to EOR URS for design,
planning and permitting of Mission Hills Raw Water Main in the amount of $170,352.
The City of Clearwater’s Public Utilities Department will be providing daily inspection and URS
Corporation will be providing limited CEI upon approval of Supplemental Work Order 1 in the
amount of $11,955 for total value of $182,307.
CSX requires a Facility Encroachment Agreement to cover the costs of encroaching,
construction risk, and to provide the terms and conditions associated with placing a pipeline
underneath their railway system.
It is anticipated that construction will start in October 2015 and be completed by March 2016.
The City of Clearwater’s Public Utilities Department is responsible for owning, operating and
maintaining the raw water system.
APPROPRIATION CODE AND AMOUNT:
0327-96741-563800-533-000-0000 $281,195.92
0327-96741-561300-533-000-0000 $11,955.00
Funds are available in Utility Renewal and Replacement projects for total funding of
$293,150.92 from 0327-96741, System R & R - Capitalized, to fund the project costs.
Page 1 City of Clearwater Printed on 9/17/2015
File Number: ID#15-1647
Page 2 City of Clearwater Printed on 9/17/2015
ITEM
NO.
1 Mobilization (3.5% Maximum)1 LS 16,500.00$ 16,500.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$
2 Maintenance of Traffic (1.5% Maximum)1 LS 8,874.00$ 8,874.00$ 5,700.00$ 5,700.00$ 4,000.00$ 4,000.00$
3 F&I 8” PVC Pipe by Horizontal Directional Drill 50 LF 287.00$ 14,350.00$ 103.00$ 5,150.00$ 129.21$ 6,460.50$
4 F&I 8” HDPE Pipe by Horizontal Directional Drill 600 LF 230.00$ 138,000.00$ 67.00$ 40,200.00$ 59.88$ 35,928.00$
5 F&I 8” PVC Pipe by Open Cut 150 LF 214.00$ 32,100.00$ 281.00$ 42,150.00$ 53.01$ 7,951.50$
6 F&I 8” DI Pipe by Open Cut 50 LF 157.00$ 7,850.00$ 240.00$ 12,000.00$ 85.58$ 4,279.00$
7 F&I 8” HDPE Pipe by Open Cut 50 LF 145.00$ 7,250.00$ 212.00$ 10,600.00$ 100.06$ 5,003.00$
8
F&I 8” Certa-Lok PVC Pipe by Jack & Bore with 18"
Steel Casing 1 LS 196,600.00$ 196,600.00$ 121,500.00$ 121,500.00$ 120,000.00$ 120,000.00$
9 F&I 8-inch Restrained Joints for PVC or HDPE Pipe 36 EA 478.00$ 17,208.00$ 195.00$ 7,020.00$ 200.67$ 7,224.12$
10 F&I 8-inch Restrained Joints for DI Pipe 6 EA 447.00$ 2,682.00$ 216.00$ 1,296.00$ 190.11$ 1,140.66$
11 F&I Compact DI Fittings 950 LB 18.00$ 17,100.00$ 11.00$ 10,450.00$ 9.17$ 8,711.50$
12 F&I Combination Air Valve 2 EA 5,260.00$ 10,520.00$ 7,120.00$ 14,240.00$ 5,013.71$ 10,027.42$
13 Root Pruning 150 LF 16.00$ 2,400.00$ 10.00$ 1,500.00$ 7.43$ 1,114.50$
14 Tree Barricades 1 LS 3,675.00$ 3,675.00$ 4,750.00$ 4,750.00$ 2,820.95$ 2,820.95$
15 Remove Trees 1 EA 7,875.00$ 7,875.00$ 10,600.00$ 10,600.00$ 9,000.00$ 9,000.00$
16
Sod Restoration as Directed by the Owner or the
Owner's Authorized Project Representative 100 SY 22.00$ 2,200.00$ 15.00$ 1,500.00$ 9.54$ 954.00$
17
Concrete Driveway Restoration as Directed by the
Owner or the Owner's Authorized Project
Representative 50 SY 79.00$ 3,950.00$ 230.00$ 11,500.00$ 62.77$ 3,138.50$
18
Concrete Sidewalk Restoration as Directed by the
Owner or the Owner's Authorized Project
Representative 50 SY 113.00$ 5,650.00$ 150.00$ 7,500.00$ 57.74$ 2,887.00$
DESCRIPTION UNIT
UNIT
QTY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
PROJECT NAME & #: MISSION HILLS RAW WATER MAIN PROJECT (PROJECT No. 14-0038-UT)
BID OPENING DATE: August 6, 2015 at 1:30 p.m. AWARD DATE: September 3, 2015
Kloote Contracting, Inc.
P.O. Box 339
Palm Harbor, FL 34682
Rowland, Inc.
6855 102nd Ave. N.
Pinellas Park, FL 33782
Castco Construction, Inc.
9001 126th Ave.
Largo, FL 33773
ITEM
NO.DESCRIPTION UNIT
UNIT
QTY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
PROJECT NAME & #: MISSION HILLS RAW WATER MAIN PROJECT (PROJECT No. 14-0038-UT)
BID OPENING DATE: August 6, 2015 at 1:30 p.m. AWARD DATE: September 3, 2015
Kloote Contracting, Inc.
P.O. Box 339
Palm Harbor, FL 34682
Rowland, Inc.
6855 102nd Ave. N.
Pinellas Park, FL 33782
Castco Construction, Inc.
9001 126th Ave.
Largo, FL 33773
19
Concrete Curb Restoration as Directed by the Owner or
the Owner's Authorized Project Representative 50 LF 52.00$ 2,600.00$ 75.00$ 3,750.00$ 45.16$ 2,258.00$
20
Underdrain Restoration as Directed by the Owner or
the Owner's Authorized Project Representative 50 LF 90.00$ 4,500.00$ 60.00$ 3,000.00$ 48.98$ 2,449.00$
21
Asphalt Paving Restoration as Directed by the Owner
or the Owner's Authorized Project Representative 100 SY 74.00$ 7,400.00$ 315.00$ 31,500.00$ 55.10$ 5,510.00$
22
Unsuitable Material Excavation Below Grade as
Directed by the Owner or the Owner's Authorized
Project Representative 100 CY 35.00$ 3,500.00$ 145.00$ 14,500.00$ 14.69$ 1,469.00$
23
Select Backfill Below Grade as Directed by the Owner
or the Owner's Authorized Project Representative 100 CY 46.00$ 4,600.00$ 46.00$ 4,600.00$ 14.69$ 1,469.00$
24
Asphalt Overlay as Directed by the Owner or the
Owner's Authorized Project Representative 100 SY 37.00$ 3,700.00$ 80.00$ 8,000.00$ 18.37$ 1,837.00$
521,084.00$ 383,006.00$ 255,632.65$
25 52,108.40$ 38,300.60$ 25,563.27$
573,192.40$ 421,306.60$ 281,195.92$
Bid Tabulations are not public until 30 days after bid opening or upon award, whichever occurs first. (FL Statutes 119.071)
Peach colored cells denote mathematical corrections
Subtotal =
Contingency (10%)
Bidder’s Grand Total =
SectionV.docx Page i 11/25/2014
SECTION V
CONTRACT DOCUMENTS
Table of Contents:
PUBLIC CONSTRUCTION BOND ....................................................................................................... 1
CONTRACT .............................................................................................................................................. 3
CONSENT OF SURETY TO FINAL PAYMENT ................................................................................ 7
PROPOSAL BOND .................................................................................................................................. 8
AFFIDAVIT .............................................................................................................................................. 9
NON COLLUSION AFFIDAVIT ......................................................................................................... 10
PROPOSAL ............................................................................................................................................. 11
CITY OF CLEARWATER ADDENDUM SHEET ............................................................................. 14
BIDDER’S PROPOSAL ......................................................................................................................... 15
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA
CERTIFICATION FORM ..................................................................................................................... 17
SectionV.docx Page 1 of 17 11/25/2014
Bond No.:________________
PUBLIC CONSTRUCTION BOND
(1)
This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant
under this bond for payment must be in accordance with the notice and time limitation provisions in
subsections (2) and (10).
Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing
the work after a default or abandonment, the contractor shall provide to the public entity a certified
copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing
prompt payment for construction services, the public entity may not make a payment to the contractor
until the contractor has complied with this paragraph.”
CONTRACTOR SURETY OWNER
Castco Construction, Inc.
9001 126th Ave. N.
Largo, FL 33773
(727) 585-4714
_____________________________
City of Clearwater
Engineering Department
100 S. Myrtle Avenue
Clearwater, FL 33756
(727) 562-4747
PROJECT NAME: Mission Hills Raw Water Main
PROJECT NO.: 14-0038-UT
PROJECT DESCRIPTION: Construction of two sections of the Mission Hills raw water main:
approximately 800 ft of PVC pipe at SR 590 between East Virginia Lane and Mission Hills Blvd and
approximately 200 ft of PVC pipe between Park Trail Lane and Ream Wilson Trail in the north end of
Kapok Park, 100 ft of which are installed via jack-and-bore in the CSX right-of-way (ROW).
BY THIS BOND, We, Castco Construction, Inc., as Contractor, and
_______________________________________________________________, a corporation, as Surety,
are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $281,195.92, for
payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly
and severally.
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the contract dated _______________________, between Contractor and Owner for
construction of Mission Hills Raw Water Main Project (#14-0038-UT), the contract documents being
made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract,
Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and
Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for),
at the times and in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the
prosecution of the work provided for in the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate
proceedings, that Owner sustains because of a default by Contractor under the contract; and
SectionV.docx Page 2 of 17 11/25/2014
Bond No.:________________
PUBLIC CONSTRUCTION BOND
(2)
4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their
officers and employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful
misconduct of Contractor and persons employed or utilized by Contractor in the performance of the
construction contract; and
5. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains in full force.
6. Any action instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05(2), Florida Statutes.
7. Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes does not affect Surety’s obligation under this
bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day
of ________________, 20___.
(If sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
CASTCO CONSTRUCTION, INC.
By: _____________________________
Title: ____________________________
Print Name: _______________________
WITNESS: WITNESS:
_________________________________ _________________________________
Corporate Secretary or Witness Print Name: _______________________
Print Name: _______________________
(affix corporate seal) _________________________________
(Corporate Surety)
By: _____________________________
ATTORNEY-IN-FACT
Print Name: _______________________
(affix corporate seal)
(Power of Attorney must be attached)
SectionV.docx Page 3 of 17 11/25/2014
CONTRACT
(1)
This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Castco
Construction, Inc., of the City of Largo, County of Pinellas, and State of Florida, hereinafter designated
as the "Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements on
the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
PROJECT NAME: Mission Hills Raw Water Main
PROJECT NO.: 14-0038-UT
in the amount of $281,195.92
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any advertisement,
instructions to bidders, general conditions, technical specifications, proposal and bond, which may be
hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the Contractor,
then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have
the right to proceed to complete such work as Contractor is obligated to perform in accordance with the
provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO
HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES,
COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE
UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE
CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES
RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB
CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2).
SectionV.docx Page 4 of 17 11/25/2014
CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor
agrees to post hereafter in conspicuous places, available for employees or applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of the non discrimination
clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated herein,
it is then further agreed that the City may deduct from such sums or compensation as may be due to the
Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor
remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only
and solely represent damages which the City has sustained by reason of the failure of the Contractor to
complete the work within the time stipulated, it being further agreed that this sum is not to be construed
as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete
and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the public construction bond which is attached hereto for the faithful performance of
the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the
surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said
bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his
or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an
additional bond or bonds in such term and amounts and with such surety or sureties as shall be
satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor
under the terms and provisions of this contract until such new or additional security bond guaranteeing
the faithful performance of the work under the terms hereof shall be completed and furnished to the City
in a form satisfactory to it.
SectionV.docx Page 5 of 17 11/25/2014
CONTRACT
(3)
The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes
(2014), specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the City of
Clearwater in order to perform the service;
(b) Provide the public with access to public records on the same terms and conditions that the City of
Clearwater would provide the records and at a cost that does not exceed the cost provided in
Chapter 119 or as otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law; and
(d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater
all public records in possession of the contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the City of Clearwater in a
format that is compatible with the information technology systems of the City of Clearwater.
SectionV.docx Page 6 of 17 11/25/2014
CONTRACT
(4)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By: ________________________________ (SEAL)
William B. Horne, II
City Manager
Attest:
Countersigned: ____________________________________
Rosemarie Call
City Clerk
By: ________________________________ Approved as to form:
George N. Cretekos,
Mayor
____________________________________
Matthew M. Smith
Assistant City Attorney
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
CASTCO CONSTRUCTION, INC.
By: _________________________ (SEAL)
Print Name: _________________________
Title: ____________________________
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation.)
SectionV.docx Page 7 of 17 11/25/2014
CONSENT OF SURETY TO FINAL PAYMENT
TO OWNER: City of Clearwater PROJECT NAME: Mission Hills Raw Water Main
Engineering Department PROJECT NO.: 14-0038-UT
100 S. Myrtle Ave. CONTRACT DATE: [__________]
Clearwater, FL 33756 BOND NO. : [__________], recorded in O.R.
Book [____], Page [____], of the Public Records of
Pinellas County, Florida.
CONTRACTOR: Castco Construction, Inc.
Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract
between the Owner and the Contractor as indicated above, the:
______________________________________
______________________________________
______________________________________
,SURETY,
on bond of
Castco Construction, Inc.
9001 126th Avenue North
Largo, FL 33773
,CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor
shall not relieve Surety of any of its obligations to
City of Clearwater
Engineering Department
100 S. Myrtle Ave.
Clearwater, FL 33756
,OWNER,
as set forth in said Surety’s bond.
IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ________, _____.
___________________________________
(Surety)
___________________________________
(Signature of authorized representative)
___________________________________
(Printed name and title)
Attest:
(Seal):
WO Initiation Form 1 of 8 form revised: 7/22/2013
URS CORPORATION SOUTHERN
SUPPLEMENTAL WORK ORDER
for the CITY OF CLEARWATER
Date: August 10, 2015
Project Number: 12012307
City Project Number: 14-0038-UT
1. PROJECT TITLE:
Mission Hills Raw Water Main Project -- Limited Services during Construction
2. SCOPE OF SERVICES:
This Work Order provides for limited services during construction (shop drawings review and
responses to requests for information (RFIs) from the construction contractor only) for the
Mission Hills Raw Water Main Project. The City of Clearwater (CITY) will provide the day to day
Resident Project Representative (RPR) Services for the project.
I. CONSTRUCTION PHASE
Task 1- Attendance of Pre-Construction Conference
URS will attend the pre-construction conference. The purpose of URS attendance is to
answer technical questions with respect to the design. URS will not be responsible for
questions or providing information involving the contract between the CITY and the
contractor.
Task 2- Review and Approval of Shop Drawings
URS will review and approve up to thirty (30) of the contractor submitted shop drawings for
the project. URS will review the contractor submitted shop drawings up to two (2) times
each.
WO Initiation Form 2 of 8 form revised: 7/22/2013
Task 3- Response to Requests for Information (RFIs)
During construction URS will review and respond up to ten (10) contractor or CITY generated
RFIs. All responses with be in writing and will be submitted to the CITY for its transmittal to
the contractor.
Task 4 – Substantial Completion
URS will prepare and deliver to the CITY a tentative certificate of Substantial Completion
which shall fix the date of Substantial Completion.
At the request of the CONTRACTOR, URS will conduct one (1) walk through inspection of the
Raw Water Main project with the CITY and CONTRACTOR URS and the CITY’s RPR will
generate a tentative list of items to completed or corrected prior to final payment for the
RCW project. The list will be attached to the certificate of Substantial Completion for the
raw water project.
If URS concludes that the Work is not substantially complete, URS will notify the
CONTRACTOR in writing stating the reasons therefore within fourteen (14) calendar days
after the walk through. If the URS considers the Work to be substantially complete, the URS
will deliver to the CITY and CONTRACTOR a definitive certificate of Substantial Completion
with a revised tentative list of items to completed or corrected.
Task 5 – Final Completion
Upon written notice from the CONTRACTOR that the entire Work is complete, URS will
conduct one (1) final inspection with the CITY and the CONTRACTOR for the raw water
project. URS will notify the CONTRACTOR in writing within seven (7) calendar days of any
work that is incomplete or defective.
If URS and the CITY’s RPR consider the project to be complete, URS will issue a written
notification identifying the date of final completion of the Work.
3. PROJECT GOALS:
The project goal is to expand the CITY’s Raw Water Main System. The project will provide
limited services during construction (shop drawings review and responses to requests for
information (RFIs) from the construction contractor only).
4. BUDGET:
See attachment “B”.
WO Initiation Form 3 of 8 form revised: 7/22/2013
This price includes all labor and expenses anticipated to be incurred by URS Corporation
Southern for the completion of these tasks in accordance with Professional Services Method “A”
– Cost Times Multiplier Basis for a fee not to exceed Eleven Thousand Nine Hundred and Fifty
Five Dollars ($11,955.00).
5. SCHEDULE:
The project is to be completed 120 calendar days from issuance of notice-to-proceed.
6. STAFF ASSIGNMENT (Consultant):
Officer-in-Charge: Dana K. Tallman, P.E.
Project Manager: Bozhidar Handjiev, P.E.
Engineer III: Laurel Rowse, E.I.
Admin Assistant: Lisa Lanier
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to Bozhidar Handjiev, P.E. All CITY project
correspondence shall be directed to Khang Nguyen, E.I. with copies to others as may be
appropriate.
8. INVOICING/FUNDING PROCEDURES:
Invoices for work performed shall be submitted monthly to the City of Clearwater, Engineering
Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida
33758-4748. Contingency services will be billed as incurred only after written authorization is
provided by the CITY to proceed with those services.
City Invoicing Code: 0327-96741-561300-533-000-0000
9. INVOICING PROCEDURES
At a minimum, in addition to the invoice amount(s) the following information shall be provided
on all invoices submitted on the Work Order:
A. Purchase Order Number and Contract Amount.
B. The time period (begin and end date) covered by the invoice.
C. A short narrative summary of activities completed in the time period.
D. Contract billing method – Lump Sum or Cost Times Multiplier.
E. If Lump Sum, the percent completion, amount due, previous amount earned and total
earned to date for all tasks (direct costs, if any, shall be included in lump sum amount).
WO Initiation Form 4 of 8 form revised: 7/22/2013
F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due,
previous amount earned, total earned to date for each task and other direct costs (receipts
will be required for any single item with a cost of $50 or greater or cumulative monthly
expenses greater than $100).
G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice
amounts by funding code.
10. SPECIAL CONSIDERATIONS:
The consultant named above is required to comply with Section 119.0701, Florida Statutes
(2013) where applicable.
PREPARED BY: APPROVED BY:
_____________________________ _____________________________
Dana K. Tallman, PE Michael D. Quillen, PE
Vice President City Engineer
URS Corporation Southern City of Clearwater
___________________ ___________________
Date Date
Attachment “A”
WO Initiation Form 5 of 8 form revised: 7/22/2013
SUPPLEMENTAL WORK ORDER
CITY OF CLEARWATER DELIVERABLES STANDARDS
FORMAT:
The design plans shall be compiled utilizing one of the following standards:
City of Clearwater CAD standards or Consultant’s CAD standards (please provide all supporting
documents when utilizing Consultant’s Standards).
DATUM:
Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical)
and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States
Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater
Engineering/Geographic Technology Division.
DELIVERABLES:
A minimum of two (2) signed and sealed Plans and Contract Documents (specifications book) labeled
“ISSUED FOR BID” shall be provided at the onset of the bid phase, as well as electronic copies. Electronic
plan copies in PDF and CAD and electronic contract documents in PDF and MS Word.
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved
otherwise. The consultant shall also deliver all digital files in CAD drawing format and PDF format
together with all project data in AutoCAD Civil 3D file format. All references, such as other drawings
attached, images and graphic files, custom fonts and shapes shall be included in hard copy and
electronic copy.
Prior to the City Council award date, a minimum of two (2) copies of signed and sealed plans and
contract documents (specifications book) labeled “CONFORMED” shall be provided. All revisions made
during the bid phase shall be included in the plan sets and noted in the revision block or as a footnote.
Copies of each Addendum shall be included at the front of the contract and all revisions made during the
bid phase shall be incorporated into the Contract Documents.
Electronic copies of “CONFORMED” plans (PDF and CAD) and contract documents (PDF and MS Word)
shall be provided prior to the City Council award date.
NOTES:
If approved deviation from using Clearwater CAD standards, the consultant shall include all
necessary information to aid in manipulating and printing/plotting the drawings. Please address
any questions regarding file format to Mr. Tom Mahony, Geographic Technology Manager, at
(727) 562-4762 or email address: tom.mahony@myclearwater.com.
Attachment “B”
WO Initiation Form 6 of 8 form revised: 7/22/2013
Mission Hills Raw Water Main Project
Limited Services during Construction
SUPPLEMENTAL WORK ORDER
PROJECT BUDGET
Task Description Subconsultant
Services
Labor Total
I Construction Phase Services
1 Preconstruction Conference $483
2 Shop Drawings Review $4,585
3 Respond to RFI’s $3,620
4 Substantial Completion $940
5 Final Completion $940
$10,568
Subtotal, Labor and Subcontractors $10,568
Other Direct Costs (prints, photocopies, postage, etc.)
(Not applicable to lump sum Work Orders)
$300
Contingency (10%) $1,087
Grand Total $11,955
Attachment “C”
WO Initiation Form 7 of 8 form revised: 7/22/2013
REVIEW PERIOD SUBMITTAL REQUIREMENTS
This list is intended as a guideline of the items to be completed at various levels of project completion.
The specific list for each project shall be finalized in the work order.
30% Construction Plans
Requirements for the 30% submittal shall include the following:
a. Cover Sheet,
b. Legend and Abbreviations per City standards,
c. Key Sheet,
d. Demolition Plans indicating existing improvements, utilities, and topography, and identification
of trees to be removed,
e. Preliminary layout of the proposed improvements, existing right-of-way and easements,
subdivision, block, and lot number, and plat book and page for adjacent parcels,
f. Engineer’s/Architect’s preliminary opinion of probable construction cost, based on the 30 %
submittal.
60% Construction Plans
In addition to the items in the 30% submittal, requirements for the 60% submittal shall include the
following:
a. General Construction Notes related to best management practices, utilities, and other
conditions relevant to the project,
b. Typical pavement sections shall indicate typical cross sectional slopes, median improvements,
pavement requirements, right-of-way lines, sidewalks, curbs, gutters, and landscaped areas,
c. Grading, Paving, and Drainage detail sheets, including standard and nonstandard stormwater
management structures, retaining walls, and related notes,
d. Erosion control and tree protection details, including best management practices applied to the
project,
e. Existing private utilities, as available, such as gas, electrical, telephone, fiber optic, and cable TV,
f. Detailed Cross Sections,
g. Wetland Planting Plans and Details,
h. Utility Plan including utility relocation/adjustment details indicating utility conflicts, relocation
design, proposed utility structures, and conflict manholes, design details, and specific profiles, if
required,
i. Permit Applications,
j. Estimated construction quantities,
k. Engineer’s/Architect’s updated opinion of probable construction cost and duration based on
the 60% design submittal, and
l. Engineer/Architect will review City’s standard technical specifications and modify or
supplement as necessary for the project.
Attachment “C”
WO Initiation Form 8 of 8 form revised: 7/22/2013
90% Construction Plans
The 90% construction plans shall include the design items required for the construction of the
project, including the special provisions and technical specifications. In addition to the items in the
60% submittal, requirements for the 90% submittal shall include the following:
a. Maintenance of Traffic Plan,
b. Structural plans, details, and calculations, including design and details of shallow
foundations, pedestrian bridge abutments, retaining walls, structural reinforcing, tiebacks,
and stability analyses for slopes and retaining walls,
c. Detailed construction quantities based upon 90% design,
d. Engineer’s/Architect’s updated opinion of probable construction cost and duration based
on the 90% design submittal, and
e. Technical specifications and Special Provisions.
Final (100%) Construction Documents
The 100% submittal shall address the City’s final review comments.
Engineering Projects prepared and/or submitted shall be reviewed and checked by a civil engineer
registered in the state of Florida as the Engineer of Record. The Engineer of Record shall sign, seal
and date the design calculations, technical specifications and contract drawings as required by
Florida law.
See Attachment “A” – Deliverables – for specific labeling requirements.
Resolution No. 15-23
RESOLUTION NO. 15-23
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH CSX
TRANSPORTATION, INC. FOR THE INSTALLATION OF A
8” RAW WATER MAIN IN THE CSX RIGHT-OF-WAY AT
LATITUDE N27:58:28.87, LONGITUDE W82:43:03.23, AS PART OF THE MISSION HILLS RAW WATER MAIN
PROJECT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater will be installing a pipeline across the CSX
right-of-way at latitude N27:58:28.87, longitude W82:43:03.23 as part of the Mission
Hills Raw Water Main project; and
WHEREAS, appropriate agreements have been prepared; now, therefore,
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the Agreements
between the City and CSX Transportation, Inc., identified as Facility Encroachment
Agreement No. CSX-794930.
Section 2. The City Council hereby authorizes the Mayor and City Manager to sign the Agreement described in this resolution.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2015.
____________________________George N. Cretekos, Mayor
Approved as to form: Attest:
_______________________________________________________
Matthew M. Smith Rosemarie Call
Assistant City Attorney City Clerk
PROJECTSITEPROJECTSITE
MISSION HILLSCONDO ASSN.SR 590 McMULLEN-BOOTH RDST. CROIX DR
ST. JOHN DR
CATHERINE DR
EDENWOOD ST VIRGINIA LNMOSS AVEFAIRWOOD AVEPARK TRAIL LNGROVE DRBAYVIEW AVEMERRILL AVELAWRENCE DRCALAMONDIN LNEL TRINDAD DRSUE DRSARAH DR
GLEN OAK AVE
GRAND VIEW AVE
GRAPEFRUIT CIR LORI DRGRANTWOOD AVEJADEWOOD AVELAKE VISTA DRKAPOK CIRHOLLYWOOD AVEBRIGADOON DR
KAPOK KOVE DR
THOMAS RDST. ANTHONY DRKAPOK KOVE CIRSAN MATEO STLEONARD DRCOUNTRY LNTERRACE VIEW LN
DOVEWOOD ST
APPLEWOOD DR ABBEY CT
CANDLEWOOD ST
SAN BERNADINO STSPRING LAKE DRHOMEWOOD ST
TERRACE DR
RUTH ECKERD HALL DR
LAKE CIR
SARAH DR
MISSION HILLS BLVDMISSION DRMI S S I O N D R
FLINT DR
FLINT DRMISSION CIRMISSION CIRFEATHER DR
FEATHER DR
MELONWOOD AVEARROWHEAD CIR
NUTWOOD S TKINGSWOOD DRLEMONWOOD ST ABBEY CRESCENT LNNAVEL DR
CLEARWATER-SAFETY HARBOR DR
AVOCADO DR
KUMQUAT DR
BRIGADOON CIRSHADDOCK DR
SAN JOSE ST
SAN PEDRO ST
KAPOK KOVE CTBAYVIEW AVELOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM KN N.T.S.273B 08-29s-16e11/13/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
WATER TREATMENT PLANT #2RAW WATER TRANSMISSION MAIN EXTENTION
Document Path: V:\GIS\Engineering\Location Maps\water treatment plant #2 permit Khang.mxd
AGREEMENT NO. CSX794930
Page 1 of 17 ø
FACILITY ENCROACHMENT AGREEMENT
THIS AGREEMENT, made and effective as of _________________, 2015, by and
between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500
Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF
CLEARWATER, FLORIDA, a municipal corporation, political subdivision or state agency,
under the laws of the State of Florida, whose mailing address is 100 South Myrtle Avenue,
Clearwater, Florida 33756, hereinafter called "Licensee,"
WITNESSETH:
WHEREAS, Licensee desires to construct (unless previously constructed and designated
as existing herein), use and maintain the below described facility(ies), hereinafter called
"Facilities," over, under or across property owned or controlled by Licensor, at the below
described location(s):
1. One (1) eight inch (8'') diameter pipeline crossing, solely for the conveyance of raw water
main, located at or near Clearwater, Pinellas County, Florida, Jacksonville Division, Clearwater
Subdivision, Valuation Station 1070, Milepost SY-868.93, Latitude N27:58:28.87, Longitude
W82:43:03.23;
hereinafter, called the ''Encroachment,'' as shown on print(s) labeled Exhibit "A," attached hereto
and made a part hereof;
NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and
agreements herein contained, the parties hereto agree and covenant as follows:
1. LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and
authority to do so, and its present title permits, and subject to:
(A) Licensor's present and future right to occupy, possess and use its
property within the area of the Encroachment for any and all purposes;
(B) All encumbrances, conditions, covenants, easements, and limitations
applicable to Licensor's title to or rights in the subject property; and
(C) Compliance by Licensee with the terms and conditions herein
contained;
does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter
or change the Facilities at the Encroachment above for the term herein stated, and to remove
same upon termination.
AGREEMENT NO. CSX794930
Page 2 of 17 ø
1.2 The term Facilities, as used herein, shall include only those structures and
ancillary facilities devoted exclusively to the transmission usage above within the Encroachment,
and as shown on attached Facility Application Form and plan(s).
1.3 No additional structures or other facilities shall be placed, allowed, or
maintained by Licensee in, upon or on the Encroachment except upon prior separate written
consent of Licensor.
1.4 The term “Contractor” shall mean Licensee’s agent, contractor, developer,
and/or designees performing any of the work related to the Facilities as provided in this
Agreement. Prior to any work described in this Agreement is performed by Contractor, Licensee
shall require Contractor to execute and deliver to Licensor the Contractor Acceptance Form,
attached to and made part of this Agreement as Contractor Acceptance Form, to acknowledge
Contractor’s agreement to observe and abide by terms and conditions of this Agreement.
2. ENCROACHMENT FEE; TERM:
2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of
FOUR THOUSAND AND 00/100 U.S. DOLLARS ($4,000.00) upon execution of this
Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee
under this Agreement. In the event of a successor (by merger, consolidation, reorganization
and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to
payment of Licensor's current administrative and document preparation fees for the cost incurred
by Licensor in preparing and maintaining this Agreement on a current basis.
2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensor's property solely on account of said Facilities or Encroachment.
2.3 This Agreement shall terminate as herein provided, but shall also terminate
upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above;
(b) removal of the Facilities; (c) subsequent mutual consent; and/or (d) failure of Licensee to
complete installation within five (5) years from the effective date of this Agreement.
2.4 In further consideration for the license or right hereby granted, Licensee
hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part
of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or
for any public works project of which said Facilities is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove
the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications), or Licensee's
particular industry, National Electrical Safety Code, or any governmental or regulatory body
having jurisdiction over the Encroachment.
AGREEMENT NO. CSX794930
Page 3 of 17 ø
3.2 Location and construction of Facilities shall be made strictly in accordance
with design(s) and specifications furnished to and approved by Licensor and of material(s) and
size(s) appropriate for the purpose(s) above recited.
3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at
time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference
with the safe use and operation of Licensor's property and appurtenances thereto.
3.4 In the installation, maintenance, repair and/or removal of said Facilities,
Licensee shall not use explosives of any type or perform or cause any blasting without the
separate express written consent of Licensor. As a condition to such consent, a representative
will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the
entire cost and/or expense of furnishing said monitor.
3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of
Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use
of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days
after Licensee has notice as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations,
equipment and/or employees from damage or injury, may request immediate repair or renewal of
the Facilities, and if the same is not performed, may make or contract to make such repairs or
renewals, at the sole risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
3.8 All work on the Encroachment shall be conducted in accordance with
Licensor's safety rules and regulations.
3.9 Licensee hereby agrees to reimburse Licensor any actual loss, cost or expense
(including losses resulting from train delays and/or inability to meet train schedules) arising
directly from any failure of Licensee to make repairs or conduct maintenance as required by
Section 3.5 above or from improper or incomplete repairs or maintenance to the Facilities or
Encroachment.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use of the Encroachment
for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary
permit(s) (including but not limited to zoning, building, construction, health, safety or
environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and
AGREEMENT NO. CSX794930
Page 4 of 17 ø
warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s)
and authorization(s), and shall comply with all applicable ordinances, rules, regulations,
requirements and laws of any governmental authority (State, Federal or Local) having
jurisdiction over Licensee's activities, including the location, contact, excavation and protection
regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)), et al., and
State "One Call" - "Call Before You Dig" requirements.
4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or
approval(s), for any violations thereof, or for costs or expenses of compliance or remedy.
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) support track(s) and roadbed in a manner satisfactory to Licensor;
(B) backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor; and
(C) either remove any surplus earth or material from Licensor's property or
cause said surplus earth or material to be placed and distributed at location(s) and in such manner
Licensor may approve.
5.2 After construction or maintenance of the Facilities, Licensee shall:
(A) Restore any track(s), roadbed and other disturbed property; and
(B) Erect, maintain and periodically verify the accuracy of aboveground
markers, in a form approved by Licensor, indicating the location, depth and ownership of any
underground Facilities or related facilities.
5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or
subjacent support in the Encroachment area for a period of three (3) years after completion of
installation.
6. TRACK CHANGES:
6.1 In the event that rail operations and/or track maintenance result in changes in
grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event
future use of Licensor's rail corridor or property necessitate any change of location, height or
depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty
(30) days after notice in writing from Licensor, shall make changes in the Facilities or
Encroachment to accommodate such track(s) or operations.
AGREEMENT NO. CSX794930
Page 5 of 17 ø
6.2 If Licensee fails to do so, Licensor may make or contract to make such
changes at Licensee's cost.
7. FACILITY CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height of the
Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the
Facilities or change the Encroachment, at Licensee's expense, should such relocation or change
be necessary to comply with the minimum clearance requirements of Licensor.
7.2 If Licensee undertakes to revise, renew, relocate or change in any manner
whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or
any change in circumference, diameter or radius of pipe or change in materials transmitted in and
through said pipe), or is required by any public agency or court order to do so, plans therefor
shall be submitted to Licensor for approval before such change. After approval, the terms and
conditions of this Agreement shall apply thereto.
8. INTERFERENCE WITH RAIL FACILITIES:
8.1 Although the Facilities/Encroachment herein permitted may not presently
interfere with Licensor's railroad or facilities, in the event that the operation, existence or
maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference
(including, but not limited to, physical or interference from an electromagnetic induction, or
interference from stray or other currents) with Licensor's power lines, communication, signal or
other wires, train control system, or electrical or electronic apparatus; or (b) interference in any
manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole
line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee,
upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk,
cost and expense, shall promptly make such changes in its Facilities or installation, as may be
required in the reasonable judgment of the Licensor to eliminate all such interference. Upon
Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole
cost.
8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby
reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or
adjustments to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole
cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 To the limits as set forth by State law (constitutional or statutory, as amended),
Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and against any
and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain,
incur or in any way be subjected to, on account of death of or injury to any person whomsoever
AGREEMENT NO. CSX794930
Page 6 of 17 ø
(including officers, agents, employees or invitees of Licensor), and for damage to or loss of or
destruction of any property whatsoever, arising out of, resulting from, or in any way connected
with the construction, repair, maintenance, replacement, presence, existence, operations, use or
removal of the Facilities or any structure in connection therewith, or restoration of premises of
Licensor to good order or condition after removal, EXCEPT when proven to have been caused
solely by the willful misconduct or gross negligence of Licensor.
9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a
result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of
loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment,
including loss of or any interference with use or service thereof, regardless of cause, including
electrical field creation, fire or derailment resulting from rail operations. For this Section, the
term "Licensee's Property" shall include property of third parties situated or placed upon
Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of
Licensee.
9.3 To the fullest extent permitted by State law, as above, Licensee assumes all
responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all
claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden
or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area,
arising from or in connection with the use of this Encroachment or resulting from leaking,
bursting, spilling, or any escape of the material transmitted in or through the Facilities; (b) any
claim or liability arising under federal or state law dealing with either such sudden or nonsudden
pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c)
any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities
leakage.
9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss
which in any way may result from Licensee's failure to maintain either required clearances for
any overhead Facilities or the required depth and encasement for any underground Facilities,
whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or
joint fault.
9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor
harmless shall also extend to companies and other legal entities that control, are controlled by,
subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail
corridor on which the Encroachment is located, and the officers, employees and agents of each.
9.6 If a claim is made or action is brought against Licensor, and/or its operating
lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be
notified to assume the handling or defense of such claim or action; but Licensor may participate
in such handling or defense.
9.7 Notwithstanding anything contained in this Agreement, the limitation of
liability contained in the state statutes, as amended from time to time, shall not limit Licensor's
ability to collect under the insurance policies required to be maintained under this Agreement.
AGREEMENT NO. CSX794930
Page 7 of 17 ø
9.8 Notwithstanding anything contained herein to the contrary, Section 9 shall not
be construed as a waiver of any immunity to which Licensee is entitled or the extent of any
limitation of liability pursuant to Florida Statute 768.28. Furthermore, this section is not
intended to nor shall it be interpreted as limiting or in any way affecting any defense Licensee
may have under Florida Statute 768.28.
10. INSURANCE:
10.1 Prior to commencement of surveys, installation or occupation of premises
pursuant to this Agreement, Licensee shall require its Contractor to procure and shall maintain
during the time of construction, at its sole cost and expense, a policy of
(i) Statutory Worker's Compensation and Employers Liability Insurance with
available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00),
which must contain a waiver of subrogation against CSXT and its Affiliates;
(ii) Commercial General Liability coverage (inclusive of contractual liability) with
available limits of not less than FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00),
naming Licensor, and/or its designee, as additional insured and in combined single limits for
bodily injury and property damage and covering the contractual liabilities assumed under this
Agreement. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days'
notice to Licensor, or its designee, prior to cancellation or modification of any policy. Mail CGL
certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water
Street, Jacksonville, FL 32202. On each successive year, send certificate to
RenewalCOI@csx.com.
(iii) Business automobile liability insurance with available limits of not less than ONE
MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00) combined single limit for bodily
injury and/or property damage per occurrence;
(iv) Such other insurance as Licensor may reasonably require.
10.2 If Licensee's Contractor’s existing CGL policy(ies) do(es) not automatically
cover Licensee's contractual liability during periods of survey, installation, maintenance a
specific endorsement adding such coverage shall be purchased by Licensee’s Contractor. If said
CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee’s
Contractor shall arrange for adequate time for reporting losses. Failure to do so shall be at
Licensee's Contractor’s sole risk.
10.3 Licensor, or its designee, may at any time request evidence of insurance
purchased by Licensee and/or Licensee’s Contractor to comply with this Agreement. Failure of
Licensee to comply with Licensor's request shall be considered a default by Licensee.
10.4 Securing such insurance shall not limit Licensee or it Contractor’s liability
under this Agreement, but shall be security therefor.
AGREEMENT NO. CSX794930
Page 8 of 17 ø
10.5 (A) In the event Licensee finds it necessary to perform construction or
demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any
railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify
Licensor; and (b) require its contractor(s) performing such operations to procure and maintain
during the period of construction or demolition operations, at no cost to Licensor, Railroad
Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured,
written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96) with limits of FIVE
MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and
property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00)
aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31
11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to
and approved by Licensor prior to commencement of such construction or demolition. Licensor
reserves the right to demand higher limits.
(B) At Licensor's option, in lieu of purchasing RPL insurance from an insurance
company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time
of request, the cost of adding this Encroachment, or additional construction and/or demolition
activities, to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual
construction. This coverage is offered at Licensor's discretion and may not be available under all
circumstances.
10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee only,
pursuant to State Statute(s), may self-insure, self-assume or provide general liability coverage, in
any amount(s), any contracted liability arising under this Agreement, under a funded insurance
program, which fund will respond to liability of Licensee imposed by and in accordance with the
procedures established by law.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's
contractor to move any vehicles or equipment over the track(s), except at public road crossing(s),
without separate prior written approval of Licensor (CSXT Form 7422).
11.2 If Licensor deems it advisable, during any construction, maintenance, repair,
renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors
or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the
Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor
shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure
to do so.
11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and
labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all
times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and
expense; and in such event, Licensor shall not be liable for the failure or neglect of such
watchmen, flagmen, inspectors or supervisors.
AGREEMENT NO. CSX794930
Page 9 of 17 ø
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or wire
changes shall also be paid by Licensee.
12.2 Licensor's expense for wages ("force account" charges) and materials for any
work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within
thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request
an advance deposit for estimated Licensor costs and expenses.
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision under "force account" rules, plus current applicable overhead percentages, the actual
cost of materials, and insurance, freight and handling charges on all material used. Equipment
rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may, at its
discretion, require advance deposits for estimated costs of such expenses and costs.
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this Agreement
shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and
completely perform any of said covenants or remedy any breach within thirty (30) days after
receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of
notice of a railroad emergency), Licensor shall have the option of immediately revoking this
Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s)
having been paid in advance for any annual or other period. Upon such revocation, Licensee
shall make removal in accordance with Article 14.
13.2 No waiver by Licensor of its rights as to any breach of covenant or condition
herein contained shall be construed as a permanent waiver of such covenant or condition, or any
subsequent breach thereof, unless such covenant or condition is permanently waived in writing
by Licensor.
13.3 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
14. TERMINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon the date of
(a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the
Facility from the Encroachment. However, neither termination nor revocation of this Agreement
shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the
AGREEMENT NO. CSX794930
Page 10 of 17 ø
time of termination or revocation have not been satisfied; neither party, however, waiving any
third party defenses or actions.
14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole
risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the
parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to
Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such
removal.
15. NOTICE:
15.1 Licensee shall give Licensor at least thirty (30) days written notice before
doing any work on Licensor's rail corridor, except that in cases of emergency shorter notice may
be given. Licensee shall provide proper notification as follows:
a. For non-emergencies, Licensee shall complete and submit Licensor's
Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904)
245-3692. Licensee may also scan and email a completed form to email address:
OP_Request@csx.com. A blank form, as well as additional instructions and information, can be
obtained from Licensor's web site, via web link:
http://www.csx.com/share/wwwcsx_mura/assets/File/Customers/Non-
freight_Services/Property_Real_Estate/Outside_Party_Number_Request_Form.pdf.
b. For emergencies, Licensee shall complete all of the steps outlined in
Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee
shall also call and report details of the emergency to Licensor's Rail Operations Emergency
Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee
concerning an emergency involving Licensee's Facility(ies), the emergency phone number for
Licensee is: 727-744-5254.
15.2 All other notices and communications concerning this Agreement shall be
addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o
CSXT Contract Management, J180; or at such other address as either party may designate in
writing to the other.
15.3 Unless otherwise expressly stated herein, all such notices shall be in writing
and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be
considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privileges of Licensee only, and Licensee
shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said
consent shall not be unreasonably withheld.
AGREEMENT NO. CSX794930
Page 11 of 17 ø
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors or assigns.
16.3 Licensee shall give Licensor written notice of any legal succession (by
merger, consolidation, reorganization, etc.) or other change of legal existence or status of
Licensee, with a copy of all documents attesting to such change or legal succession, within thirty
(30) days thereof.
16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in
part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the
Encroachment, upon written notice thereof to Licensee.
16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or
encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its
option, may revoke this Agreement by giving Licensee or any such assignee written notice of
such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor
may incur as a result of Licensee's failure to obtain said consent.
17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses lands,
rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from
full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as
or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title
for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any
manner by Licensee under any rights created in this Agreement. It is expressly understood that
Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and
privileges contained herein, subject to all lawful outstanding existing liens, mortgages and
superior rights in and to the Rail Corridor, and all leases, licenses and easements or other
interests previously granted to others therein.
17.2 The term "license," as used herein, shall mean with regard to any portion of
the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law
of the State where the Encroachment is located otherwise permits Licensor to make such grants
to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such
portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to
possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this
Agreement, such waiver continuing only so long as Licensor continues its own occupation, use
or control. Licensor does not warrant or guarantee that the license granted hereunder provides
Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee
further acknowledges that it does not have the right to occupy any portion of the Rail Corridor
held by Licensor in less than fee simple absolute without also receiving the consent of the
owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim
any interest in the Rail Corridor that would impair Licensor's existing rights therein.
AGREEMENT NO. CSX794930
Page 12 of 17 ø
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title
to any portion thereof arising from Licensee's use or occupancy thereof.
17.4 Licensee agrees to fully and completely indemnify and defend all claims or
litigation for slander of title, overburden of easement, or similar claims arising out of or based
upon the Facilities placement, or the presence of the Facilities in, on or along any
Encroachment(s), including claims for punitive or special damages.
17.5 Licensee shall not at any time own or claim any right, title or interest in or to
Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for
any length of time give rise to any right, title or interest in Licensee to said property other than
the license herein created.
17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby
expressly waives, any claim of ownership in and to any part of the Facilities.
17.7 Licensee shall not create or permit any mortgage, pledge, security, interest,
lien or encumbrances, including without limitation, tax liens and liens or encumbrances with
respect to work performed or equipment furnished in connection with the construction,
installation, repair, maintenance or operation of the Facilities in or on any portion of the
Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the
Encroachment or any portion thereof or any other Licensor property.
17.8 In the event that any property of Licensor becomes subject to such Liens or
Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's
receipt of notice that such Liens or Encumbrances have been filed or docketed against the
Encroachment or any other property of Licensor; however, Licensee reserves the right to
challenge, at its sole expense, the validity and/or enforceability of any such Liens or
Encumbrances.
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire
understanding between the parties hereto.
18.2 Neither this Agreement, any provision hereof, nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of any third
person.
18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither
the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of
or against either party hereto as the sole drafter thereof.
AGREEMENT NO. CSX794930
Page 13 of 17 ø
18.4 This Agreement is executed under current interpretation of applicable
Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each
separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall
have independent and severable status for the determination of legality, so that if any separate
division is determined to be void or unenforceable for any reason, such determination shall have
no effect upon the validity or enforceability of each other separate division, or any combination
thereof.
18.5 This Agreement shall be construed and governed by the laws of the state in
which the Facilities and Encroachment are located.
18.6 If any amount due pursuant to the terms of this Agreement is not paid by the
due date, it will be subject to Licensor's standard late charge and will also accrue interest at
eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so
permitted.
18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including
attorney's fees) incurred by Licensor for collecting any amount due under the Agreement.
18.8 The provisions of this License are considered confidential and may not be
disclosed to a third party without the consent of the other party(s), except: (a) as required by
statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an
auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to
Lessees of Licensor's land and/or track who are affected by the terms and conditions of this
Agreement and will maintain the confidentiality of this Agreement.
18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes
paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total
involved is less than One Hundred Dollars ($100.00).
19. RIDERS:
19.1 The following Rider(s) is/are herewith attached and included herein:
[X] Telecommunication Cable or Fiber Optic Line
[X] Contractor Acceptance Form
AGREEMENT NO. CSX794930
Page 14 of 17 ø
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as of the effective date of this Agreement.
Witness for Licensor: CSX TRANSPORTATION, INC.
_______________________________ By:_________________________________________
Print/Type Name:_____________________________
Print/Type Title:______________________________
COUNTERSIGNED: CITY OF CLEARWATER, FLORIDA
____________________________ _____________________________
George N. Cretekos, Mayor William B. Horne II, City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ _____________________________
Matthew M. Smith Rosemarie Call, City Clerk
Assistant City Attorney
AGREEMENT NO. CSX794930
Page 15 of 17 ø
CONTRACTOR ACCEPTANCE
This Rider is and shall be a part of Agreement CSX794930, and is incorporated therein.
To and for the benefit of CSX Transportation, Inc., (“Railroad”) and to induce Railroad to permit
Contractor on or about the Railroad’s property for the purposes of performing work in accordance with
the agreement dated _______________, 2015, between Utility and Railroad, (the “Agreement”),
Contractor hereby agrees to abide by and perform all applicable terms of the Agreement, including, but
not limited to Sections 3, 9, 10, and 19 of the Agreement, and the Contractor Insurance Requirements
listed below.
CONTRACTOR INSURANCE REQUIREMENTS:
Railroad requires that the following insurance coverage be provided prior to any entry and/or work within
Railroad’s property and maintained by the Contractor until completion of the work. Railroad or its
designee, may at any time request evidence of insurance purchased by Contractor to comply with the
Agreement. Securing such insurance shall not limit Contractor’s liability under the Agreement but shall
be a security therefor.
(i) Statutory Worker's Compensation and Employers Liability Insurance with
available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00), which
must contain a waiver of subrogation against Railroad and its Affiliates;
(ii) Commercial General Liability coverage (inclusive of contractual liability) with available limits
of not less than FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00), naming Railroad, and/or
its designee, as additional insured and in combined single limits for bodily injury and property damage
and covering the contractual liabilities assumed under the Agreement. The evidence of insurance
coverage shall be endorsed to provide for thirty (30) days' notice to Railroad, or its designee, prior to
cancellation or modification of any policy. If Contractor’s existing CGL policy(ies) do(es) not
automatically cover Contractor’s contractual liability during periods of survey, installation, maintenance
and continued occupation, a specific endorsement adding such coverage shall be purchased by Contractor.
If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Contractor
shall arrange for adequate time for reporting losses. Failure to do so shall be at Contractor’s sole risk;
(iii) Business automobile liability insurance with available limits of not less than ONE MILLION
AND 00/100 U.S. DOLLARS ($1,000,000.00) combined single limit for bodily injury and/or property
damage per occurrence;
(iv) Such other insurance as Railroad may reasonably require.
Utility may require its Contractor performing the work cover its requirement for Railroad Protective
Liability (“RPL”) Insurance coverage. In the event Contractor will be responsible for procuring and
maintaining RPL the following shall apply:
AGREEMENT NO. CSX794930
Page 16 of 17 ø
Contractor shall procure and maintain during the period of construction or demolition
operations, at no cost to Railroad, Railroad Protective Liability (RPL) Insurance, naming Railroad, and/or
its designee, as Named Insured, written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96)
with limits of FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily
injury and property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS
($10,000,000.00) aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO
CG 28 31 11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to
and approved by Railroad prior to commencement of such construction or demolition. Railroad reserves
the right to demand higher limits.
At Railroad’s option, in lieu of purchasing RPL insurance from an insurance company (but
not CGL insurance), Contractor may pay Railroad, at Railroad’s current rate at time of request, the cost of
adding this Encroachment, or additional construction and/or demolition activities, to Railroad’s Railroad
Protective Liability (RPL) Policy for the period of actual construction. This coverage is offered at
Railroad’s discretion and may not be available under all circumstances.
CONTRACTOR: _____________________________
By: _____________________________
Name: _____________________________
Title: _____________________________
Date: _____________________________
AGREEMENT NO. CSX794930
Page 17 of 17 ø
COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
This Rider is and shall be a part of Agreement No. CSX794930, and is incorporated
therein.
1. No construction of any type pursuant or related in any way to this Agreement
shall be commenced by Licensee, or by any agent, representative, contractor, subcontractor of
Licensee, without Licensee first giving at least thirty (30) days written notice to the following
Parallel Cable Occupier(s):
("MCI") ATTN: Investigations
Mr. Dean Boyers
Worldcom/MCI Telecommunications Corporation
2400 North Glenville Drive
Richardson, TX 75082-4354
Phone No. (800) 624-9675
or (972) 729-6016
(NOTE: WRITTEN NOTICE TO MCI IS ALSO REQUIRED)
2. The notice shall be accompanied by drawing(s) showing the general plan,
elevation, details and methods of Licensee's proposed construction, and the location of
Occupier(s)' cable or facilities in relation to Licensee's proposed construction.
3. Prior to any construction, Licensee must locate and identify, any existing cable,
wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing
or located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk.
4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities
of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as
otherwise negotiated between Licensee and said Occupier(s).
5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting,
dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from
Licensee's exercise of rights or privileges under this Agreement.
6. Licensee shall defend, indemnify and hold Licensor harmless from any such
damage claims and any relocation or protection costs of said Occupier(s).
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1649
Agenda Date: 9/17/2015 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 8.5
SUBJECT/RECOMMENDATION:
Approve Supplemental Work Order 3 to Engineer of Record (EOR) Interflow Engineering,
LLC, of Clearwater, Florida, in the amount of $78,889 for Magnolia Drive Outfall Storm
Drainage and Water Quality Improvements (12-0023-EN), and authorize the appropriate
officials to execute same.
SUMMARY:
March 21, 2013, City Council approved a Work Order Initiation in the amount of $285,098.00
to EOR Interflow Engineering for design and permitting services of Magnolia Drive Stormwater
Outfall, Project 12-0023-EN.
February 25, 2014, Supplemental Work Order 1 in the amount of $17,195.00 was approved by
City Manager to Interflow Engineering for an increased scope to include additional design and
permitting services for the replacement of the aging sanitary system located within the original
project limits.
January 15, 2015, City Council approved Supplemental Work Order 2 in response to Harbor
Oaks Residents’ request, in the amount of $45,577 was approved by City Council to include
the design of additional sanitary replacement and roadway improvements beyond the original
project limits.
During design, the condition of the existing universal water main located in the new project
limits was determined to be nearing its useful life and needs to be replaced. Supplemental
Work Order 3 is being requested for approval to include design and permit efforts for the
water main replacement and additional roadway design to provide improved stormwater
drainage in the amount of $78,889 for total work order value of $426,759.
APPROPRIATION CODE AND AMOUNT:
0315-96184-561200-539-000-0000 $32,285
0327-96721-561300-533-000-0000 $46,604
Funds are available in Capital Improvement Program project 0315-96184, Magnolia Drive
Outfall in the amount of $32,285 and Utility Renewal and Replacement project 0327-96721,
System R and R - Maintenance for total funding in the amount of $426,759.
Page 1 City of Clearwater Printed on 9/17/2015
File Number: ID#15-1649
Page 2 City of Clearwater Printed on 9/17/2015
Clearwater HarborDRUID RD
JEFFORDS ST BAY AVEMAGNOLIA DR
LOTUS PATH
S FORT HARRISON AVEPINE ST
OAK AVEORANGE AVEHAMILTON CRES
HARBOR OAK LNPINE ST
JASMINE WAYSPOTTIS WOODE LNHAMLET AVESPOTTIS W
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REYNOLDS AVEHARBOR VIEW LNINDIANA AVE²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM P_V 12/23/2014Map Gen By:Reviewed By:Date:
Legend
Magnolia Drive Outfall Project Location Map
1 inch = 300 feet
Note: Not a SurveyCity Project #12-0023-EN
Grid #: 295B S-T-R: 16 -29-15
Parcel BoundaryDRUID RDMAGNOLIA DRBAY AVE
1111111 MI MI MI • • 111•1 I= IIIIII a all I= WIN In
From Harbor Oaks Historic & Architectural Survey &
Preservation Plan April, 1987
FIGURE 34. MAP OF PROPOSED DISTRICTS
ROPOSED ROAD RESURFACING
w
c9
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PEACH ST
TURNER ST
ASMINE WAY
1 -n1*r- s-PATH
MAGNOL A-DR
JEFFORDS ST S
Scale: N.T.S.
Prepared yClearwaterEngineeringDepartment
Geographic Technology Division
1Ph S. Myrtle 5, Clearwater,
26 4755Ph: (727)5624750,
www.MyClearwater.com
Fax:
er.co
zfidTSS
www.MyClearv+ater.com
Proposed Brick Paver Extent Proposed Brick Paver Expansion Map Gen By: MBK Date: 9/16/2015
Property Owners Affected Proposed Expansion to Intersection Reviewed By: SR li \ N \
Document Path: S: \Engin \Harbor Oaks Brick Street Petition Sept2015 \Ha or_Oaks.mxd
5
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1326
Agenda Date: 9/17/2015 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 8.6
SUBJECT/RECOMMENDATION:
Approve a Construction Manager at Risk proposal from Keystone Excavators Inc, of Oldsmar,
Florida, in the amount of $1,587,552 for construction of Jeffords Street Outfall (10-0032-EN),
and authorize the appropriate officials to execute same.
SUMMARY:
June 6, 2013, City Council approved the use of Construction Manager at Risk Services (CMR)
for Continuing Contracts with Biltmore Construction Co., Inc. of Belleair, FL; Peter Brown
Construction Solutions of Clearwater, FL; Certus Builders, Inc. of Tampa, FL; Creative
Contractors, Inc. of Clearwater, FL; Honeywell Building Solutions of Orlando, FL; Keystone
Excavators, Inc. of Oldsmar, FL; and J. Kokolakis Contracting, Inc. of Tarpon Springs, FL for a
period of three years.
These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under
Request for Qualifications 15-13 based upon construction experience, financial capability,
availability of qualified staff, local knowledge and involvement in the community.
The existing storm and sanitary systems in this area are nearing the end of their useful
lifespan and this project will replace them with new infrastructure that provides an improved
level of service.
The existing stormwater inlets are frequently clogged by leaves or other debris and will be
replaced with open throat inlets.
The project also includes a stormwater treatment device located at the most downstream end
which will collect leaves and debris at one location improving efficiency of maintenance staff
and improving water quality.
Construction duration is 300 calendar days with an anticipated start in mid October 2015 and
completion by mid August 2016.
The improvements will be maintained by the Stormwater Maintenance Division and Public
Utilities Department.
July 17, 2014, City Council approved a cooperative funding agreement between the City and
Southwest Florida Water Management District for the design, construction and inspection of
Jeffords Outfall for reimbursement of 50% of costs up to a maximum of $200,000.
APPROPRIATION CODE AND AMOUNT:
0315-96177-563700-539-000-0000 $1,370,754
0327-96634-563800-535-000-0000 $ 184,023
0327-96742-563800-533-000-0000 $ 32,775
A first quarter amendment will transfer $1,206,763.83 from Capital Improvement Program
(CIP) project 0315-96170, Coastal Basins Project to 0315-96177, Jeffords Street Outfall.
Sufficient funding is available in CIP project in 0315-96177, Jeffords Street Outfall, in the
amount of $163,990.17 and Utility Renewal and Replacement projects in amounts of
Page 1 City of Clearwater Printed on 9/17/2015
File Number: ID#15-1326
$184,023 in 327-96634, Sanitary Utility Relocation Accommodation, and $32,775 in
0327-96742, Line Relocation - Capital, for total funding in the amount of $1,587,552 to fund
the contract.
Page 2 City of Clearwater Printed on 9/17/2015
Clearwater HarborJEFFORDS ST
MAGNOLIA DRDRUID RD SLOTUS PATHBAY AVEJASMINE WAY
PINELLAS ST S FORT HARRISON AVEHAMLET AVEWILLADEL DRREYNOLDS AVERICKER RD
DRUID PL
MORTON PLANT STHARBOR OAK LNBAY AVE²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM P_V 295B 16 -29-154/13/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:
Legend
Parcel Boundary
Jeffords St. Outfall Project Location Map
1 inch = 300 feet
Note: Not a SurveyCity Project #10-0032-EN
Document Path: V:\GIS\_Staff\Chris\Projects\City\Elliot SW\JeffordsSt_outfall_2013 ve4.mxd
Jeffords Outfall
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1655
Agenda Date: 9/17/2015 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 8.7
SUBJECT/RECOMMENDATION:
Approve the Fourth 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, dedicating 27 parking spaces within the
Harborview parking lot for city library staff’s exclusive use and releasing CMA from the current
obligation to pay for alternative parking, and authorize the appropriate officials to execute
same.
SUMMARY:
The City and Clearwater Marine Aquarium, Inc. (CMA) entered into a Business Lease Contract
for CMA’s use of the Harborview Building on September 12, 2011 (Harborview Lease). The
Harborview Lease was intended to satisfy CMA’s need for additional space due to increased
patronage resulting from the successful motion picture, “Dolphin Tale.” The Harborview
Lease was amended for various reasons with three separate amendments dated July 3, 2012,
January 24, 2014 and June 23, 2015.
The Harborview Lease grants CMA the non-exclusive right to use the Harborview parking lot.
Prior to the Harborview Lease, the lot was used by city employees working at the Main Library
on a non-exclusive basis. Shortly after the lease was executed, the parties agreed that
obtaining alternative parking for Library staff would reduce parking demand for the Harborview
lot. The intent was to make the lot primarily available for CMA’s activities at Harborview, still,
however, on a non-exclusive basis. For this reason, the City entered into a Lease Agreement
for Library staff to park on property located across the street at 121 N. Osceola Avenue
(Parking Lease). The Harborview Lease requires the CMA to pay costs associated with
obtaining alternative city parking ($1,500/month).
The current Lessor of the Parking Lease recently provided notice to the City that the Lessor
would terminate the Parking Lease effective on September 1, 2015. This change in parking
arrangements requires an amendment to the Harborview Lease. The Fourth Amendment to
Business Lease Contract will amend the Harborview Lease as follows:
·CMA will no longer be required to pay for costs incurred by the City for obtaining
alternative parking.
·27 parking spaces in the Harborview parking lot, adjacent to the Main Library property,
will be reserved for exclusive use by Library staff.
Page 1 City of Clearwater Printed on 9/17/2015
FOURTH AMENDMENT TO BUSINESS LEASE CONTRACT
THIS FOURTH AMENDMENT TO BUSINESS LEASE CONTRACT made and entered
into this ______ day of _______________________, 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 “Harborview Lease”; and
WHEREAS, the Harborview Lease was amended by the First Amendment to Business Lease Contract, the Second Amendment to Business Lease Contract and the Third Amendment
to Business Lease Contract on July 3, 2012, January 24, 2014, and June 23, 2015 respectively;
and
WHEREAS, the Harborview Lease provides for Lessee’s non-exclusive use of the
parking lot identified therein (herein, “Harborview Parking Lot”) which, prior to the Harborview Lease, was nonexclusively used by Lessor for parking by City of Clearwater Library staff; and
WHEREAS, the Parties agreed that Lessor would enter into that certain Lease
Agreement dated October 31, 2011 (herein, “Parking Lease”) with a third party providing for
alternative parking for Library staff, thereby benefiting Lessee by reducing demand for the
Harborview Parking Lot; and
WHEREAS, the Harborview Lease requires Lessee to pay to the Lessor $1,500/month
for Lessor’s expenses associated with obtaining alternative parking; and
WHEREAS, the Parking Lease terminates on September 1, 2015 and Lessor desires to use a portion of the Harborview Parking Lot exclusively for Library staff parking.
NOW, THEREFORE, the Parties in consideration of the undertakings, promises and agreements herein contained, agree and covenant with each other as follows:
Paragraph 3 of the Harborview Lease as amended is hereby revised to add the following on to the end of the paragraph:
3. MAINTENANCE AND PARKING EXPENSES. The Parking Lease is terminated effective on September 1, 2015; following which, Lessor no
longer incurs expenses for alternative parking. Therefore, Lessee shall no longer be responsible
to pay to the Lessor for such expenses. If the Parties agree that Lessor shall obtain alternative parking after September 1, 2015, then Lessee shall pay such expenses.
Paragraph 17 of the Harborview Lease as amended is hereby revised to add the following on to the end of the paragraph:
17. RESERVATION BY LESSOR. Following September 1, 2015, Lessor shall have the exclusive right for City of Clearwater
Library staff to park in the parking spaces depicted in Exhibit “D” attached hereto and by this
reference, incorporated herein (herein, “City Exclusive Parking Area”). Lessor may, at its sole discretion, allow Lessee to park in the City Exclusive Parking Area by providing written notice to
Lessee. All terms and conditions of the Harborview Lease not expressly amended herein shall remain in
full force and effect. 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: ________________________________ Frank L. Dame, COO
DREW ST DREW ST CLEVELAND ST CLEVELAND ST N OSCEOLA AVE N OSCEOLA AVE Exhibit D
CRM CHL
286B 16-29-15
08/26/2015Map Gen By:Reviewed By:
S-T-R:Grid #:
Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
²
0 10050
Feet
1 inch = 100 Feet
Document Path: V:\GIS\_Staff\Chris\Projects\City\Chuck Lane custom maps\ExhibitD_Parking.mxd
Exclusive Parkingfor City Library Staff
DREW ST DREW ST CLEVELAND ST CLEVELAND ST N OSCEOLA AVE N OSCEOLA AVE Exhibit D
CRM CHL
286B 16-29-15
08/26/2015Map Gen By:Reviewed By:
S-T-R:Grid #:
Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
²
0 10050
Feet
1 inch = 100 Feet
Document Path: V:\GIS\_Staff\Chris\Projects\City\Chuck Lane custom maps\ExhibitD_Parking.mxd
Exclusive Parkingfor City Library Staff
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1645
Agenda Date: 9/17/2015 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 8.8
SUBJECT/RECOMMENDATION:
Approve the renewal of a Software Support Agreement for the TriTech System, in the amount
of $170,484.24, for a 12-month period beginning October 1, 2015 and ending September 30,
2016 and authorize the appropriate officials to execute same.
SUMMARY:
The TriTech System has been operational since October 2007; the final sign-off and payment
closing out the project was disbursed in March 2009.
The Council previously approved a twelve month TriTech Software Support Agreement, which
will expire September 30, 2015.
The TriTech System provides an integrated CADS, mobile, and AVL environment, and
downloading of data to the report management system (ACISS). Prior to the TriTech System,
each of these functions required separate software support and hardware agreements.
Funding for renewal of the 12-month Software Support Agreement, in the amount of
$170,484.24, is budgeted in Fiscal Year 2015/2016 Police Department operating budget
0010-01162-530300-521-000-0000.
APPROPRIATION CODE AND AMOUNT:
Funding for renewal of the 12-month Software Support Agreement, in the amount of
$170,484.24, is budgeted in Fiscal Year 2015/2016 Police Department operating budget
0010-01162-530300-521-000-0000.
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 9/17/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1648
Agenda Date: 9/17/2015 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 8.9
SUBJECT/RECOMMENDATION:
Approve the purchase order (contract) for 200 Taser X26P Conducted Electrical Weapons
(CEW) from Taser International, Inc. for $218,502.00, authorize the appropriate individuals to
execute same; declare the current Clearwater Police Department (CPD) inventory of 238
Taser X26 Conducted Electrical Weapon units as surplus and authorize the disposition of said
units.
SUMMARY:
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.
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, and 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 new unit requires a different holster and updated battery pack, both included in the unit
price quote.
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
emphasize less lethal force, CPD must begin to replace all of its Tasers.
On September 3, 2015, CPD was granted approval by City Council to accept $49,118 under
the federal Justice Assistance Grant (JAG) program to purchase 38 new Taser units.
Taser International is the sole source manufacturer and distributer for all Taser Conducted
Electrical Weapons. Clearwater Code of Ordinances Section 2.564 1(b) allows that bidding
Page 1 City of Clearwater Printed on 9/17/2015
File Number: ID#15-1648
requirements may be waived when commodities or services are available only from a sole
source.
Taser International has offered a trade-in discount of $181.60 per unit for the 238 Taser X26
Conducted Electrical Weapons in inventory (a credit of $43,220.95) to be used towards the
purchase of 200 Taser X26P units. Clearwater Code of Ordinances Section 2.621 V (E)
allows for the exception to formal surplus sale procedures if the trade-in of surplus personal
property is in the best interest of the City, with Council approval required for any item(s) with a
current market value of more than $5,000.00.
The cost for 200 Taser X26P CEW’s and associated equipment is $218,502 (trade-in discount
reflected), which includes a one (1) year manufacturer warranty and an additional four-year
extended warranty per unit. There would be no recurring cost for repair or replacement for
five years from the date of purchase.
The Clearwater Police Department has available funds in the 2014/2015 CPD Budget. The
Police Department would like to utilize these funds and trade-in discount to replace the
remaining Police Department Taser inventory by purchasing 200 Taser X26P units,
associated battery packs, holsters, and extended warranties.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 010-01155-550400-521-000-0000, Police Department
General Operating Supplies.
Page 2 City of Clearwater Printed on 9/17/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1594
Agenda Date: 9/17/2015 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 8.10
SUBJECT/RECOMMENDATION:
Appoint a councilmember to the Pinellas Suncoast Transit Authority (PSTA) for a three-year
term starting October 1, 2015 and expiring on September 30, 2018.
SUMMARY:
Councilmember Jonson’s appointment on the PSTA Board of Directors expires on September
30, 2015.
PSTA has requested that an appointment be made for a three-year term starting on October
1, 2015 and ends on September 30, 2018.
Page 1 City of Clearwater Printed on 9/17/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1711
Agenda Date: 9/17/2015 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 8.11
SUBJECT/RECOMMENDATION:
Approve 2016 State Legislative Package.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 9/17/2015
2016 State Legislative Priorities
The City of Clearwater will seek funding through grants and other sources to assist in
implementing projects and providing services to meet the needs of our citizens and improve
their quality of life.
Countryside Sports Complex
• $1.4 million
• Renovate restrooms and concessions for youth soccer, football, and lacrosse programs.
Complex will also provide support facilities for Major League Soccer Spring Training.
McMullen Tennis Complex Expansion
• $1.5 million
• Provide four new tennis courts, bike trail connection to Progress Energy Trail, and
facility improvements.
Septic System Elimination
• $850,000
• Connect 4,400 city lots served by individual septic systems, many of which are old and in
a state of severe disrepair, to the City’s centralized sewer system.
Issues to Support
Local Bill regarding the eastern filled uplands and submerged lands beneath the Downtown
Boatslips granted to the City under Special Act 1925.
• Remove the prohibition against shows and carnivals and limitation that the land be used
solely for public purpose and places of recreation.
• Allow public or commercial private use deemed to serve a public purpose that will
activate the Downtown Waterfront and enhance the use of Coachman Park and other
city facilities.
• If passed, citizen approval at referendum would still be necessary to remove city charter
restrictions that prevent economic development.
The City will also support legislation that is beneficial to Clearwater and other municipalities
including:
• Maintain or increase funding for FRDAP, Land and Water Conservation, Southwest
Water Management District Cooperative Funding, Cultural Affairs Facilities, State Aid to
Libraries and Multi-type Library Cooperatives, Florida Forever.
• Provide full funding of the Florida State and Local Housing Trust Funds under the
Sadowski Act.
• Repeal the state preemption of vacation rental property laws to allow local
governments to regulate such properties to protect the health and welfare of their
residents, visitors, and businesses.
• Govern backyard gun ranges or recreational discharge of firearms.
• Exempt body camera video recordings by law enforcement officers from public viewing
for thirty days.
• Provide opportunities for increased and alternative revenue sources for municipal
transportation infrastructure projects.
Issues to Oppose
The City will oppose legislation that is detrimental to Clearwater and other municipalities
including:
• Preempts local government’s ability to regulate Airbnb rentals, or similar marketplaces,
that allow individuals to rent out unused spaces in their homes for lodging.
• Unfunded mandates.
• Increased regulation of, or restrictions on, municipal operations and budgeting.
• Restriction or elimination of municipal revenues generated under the communications
services and local business tax.
• Changes to existing laws related to offshore Oil Drilling in the Gulf of Mexico.
• Imposed consolidation of municipal and county services.
• Reduced home rule authority of municipalities to regulate signage.
In addition, the City will support the Florida League of Cities in pursuing its legislative priorities.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1712
Agenda Date: 9/17/2015 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 8.12
SUBJECT/RECOMMENDATION:
Reschedule the September 28, 2015 Community Redevelopment Agency (CRA) meeting.
SUMMARY:
The CRA Executive Director has requested to reschedule the September 28, 2015 CRA
meeting.
Options to consider:
·Schedule the meeting on Thursday, October 1 at 3:00 p.m. This will provide the
Trustees 2 hours to conduct business before attending the Taste of Clearwater and
returning to Chambers for a 7:00 p.m. council meeting.
·Schedule the meeting for Monday, October 12, a regularly scheduled work session.
·Schedule a special CRA meeting on Friday, October 9 at 2:00 p.m.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 9/17/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1662
Agenda Date: 9/17/2015 Status: Other CouncilVersion: 1
File Type: Council Discussion
Item
In Control: City Council
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
BP Settlement and Strategic Projects - Councilmember Jonson
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 9/17/2015
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#15-1663
Agenda Date: 9/17/2015 Status: Other CouncilVersion: 1
File Type: Council Discussion
Item
In Control: City Council
Agenda Number: 10.2
SUBJECT/RECOMMENDATION:
Veterans Memorial Agenda Item vs. the MOU - Councilmember Jonson
SUMMARY:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 9/17/2015