12/06/2018Thursday, December 6, 2018
6:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
City Council
Meeting Agenda
December 6, 2018City Council Meeting Agenda
Welcome. We are glad to have you join us. If you wish to address the Council, please complete a
Comment Card. Comment Cards are on the right -hand side of the dais by the City Clerk. When
recognized, please hand your card to the Clerk, approach the podium and state your name. Persons
speaking before the City Council shall be limited to 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 3 minutes plus an additional minute for each person in the audience that waives
their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain
the form to designate a spokesperson from the City Clerk. Up to 60 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 cell phones and electronic 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 National Human Trafficking Awareness Day Proclamation - U.S. Institute
Against Human Trafficking - Micah Washinski, US Institute Against Human
Trafficking, Trafficking Free Zone - Pinellas County
4.2 The Arc Tampa Bay Foundation’s Festival of Trees - Madison Hauenstein,
Executive Director, and Dan Shouvlin, Board President of The Arc Tampa Bay
Foundation
4.3 PSTA TRAC Awards - Bob Lasher, PSTA
4.4 Presentation of 2019 Conservation Partner of the Year Award to the City of
Clearwater - Barbara Walker, President of Clearwater Audubon Society
4.5 Environmental Advisory Board Annual Presentation - Jared Leone, EAB Chair
5. Approval of Minutes
5.1 Approve the November 15, 2018 City Council Meeting Minutes as submitted in
written summation by the City Clerk
6. Citizens to be heard re items not on the agenda
Page 2 City of Clearwater Printed on 12/6/2018
December 6, 2018City Council Meeting Agenda
7. Consent Agenda
The Consent Agenda contains normal, routine business items that are
very likely to be approved by the City Council by a single motion. These
items are not discussed, and may all be approved as recommended on
the staff reports. Council questions on these items were answered prior to
the meeting. The Mayor will provide an opportunity for a Councilmember
or a member of the public to ask that an item be pulled from the Consent
Agenda for discussion. Items pulled will receive separate action. All
items not removed from the Consent Agenda will be approved by a
single motion of the council.
7.1 Declare as surplus obsolete gas appliances to the needs of the City, authorize
disposition through sale to the highest bidder through open market and
authorize the appropriate officials to execute same. (consent)
7.2 Award Purchase Orders, in the total annual amount of $1,500,000 for the
purchase of diaphragm gas meters, regulators, rotary gas meters, and gas
regulators, for the period January 1, 2019 through December 31, 2019, authorize
two, one-year extension periods, and authorize the appropriate officials to execute
same. (consent)
7.3 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and IAFF Local 1158 for Fiscal Years 2018/19, 2019/2020, and
2020/2021 and authorize the appropriate official to execute same. (consent)
7.4 Approve co-sponsorship and waiver of requested city fees and service charges
for Fiscal Year 2018/19 for a new event sponsored by the Downtown
Development Board, Cars and Coffee, in the amount of $5,000 for in-kind
services and authorize the appropriate officials to execute same. (consent)
7.5
Award a Contract to Astro Turf Corporation (AstroTurf), of Dalton, Georgia for
$499,000, to provide and install a synthetic turf practice field at Jack Russell
Stadium, pursuant to City Code Section 2.564(1)(b) Other Government Entity
Bids and authorize the appropriate officials to execute same. (consent)
7.6 Approve the proposed sculpture collection for Sculpture360: Season IX- Art in
the Cleveland Street District and authorize the appropriate officials to execute
same. (consent)
7.7 Approve the Religious Community Services, Inc. (RCS) 2019 Agreement
renewal for provision of contractual victim advocacy services in an amount not
to exceed $15,000 and authorize the appropriate officials to execute same.
(consent)
Page 3 City of Clearwater Printed on 12/6/2018
December 6, 2018City Council Meeting Agenda
7.8 Approve Construction Manager at Risk (CMR) proposal from Biltmore
Construction Company Inc., of Belleair, Florida, in the amount of $1,878,897 for
the demolition of the Harborview Center (09-0049-EN) and authorize the
appropriate officials to execute same. (consent)
7.9 Approve Engineer of Record (EOR) Supplemental 1 Work Order for Jones
Edmunds and Associates, Inc. in the amount of $32,500 for Northeast Water
Reclamation Facility (NE WRF) Blend Tank Improvements (14-0036-UT) and
authorize the appropriate officials to execute same. (consent)
7.10 Accept a Sidewalk Easement over a portion of Lot 1, Block G, of Avondale
Subdivision, conveyed to the City by the Property Owner. (consent)
7.11 Approve construction contract with Lovin Construction, Inc., in the amount of
$464,169.20, for the construction of a culvert on Cooper’s Point Channel at
Damascus Road and authorize the appropriate officials to execute same.
(consent)
7.12 Approve Construction Manager at Risk (CMR) proposal from Biltmore
Construction Company Inc., of Belleair, Florida, in the amount of $1,903,854 for
the construction of the Emergency Operations (EOC) Data Center at Fire
Station 48 (17-0013-FI) and authorize the appropriate officials to execute same.
(consent)
7.13 Approve a reimbursement grant of $50,000 to the U.S. Coast Guard Auxiliary
BE SAFE Inc. for parking lot improvements and authorize the appropriate
officials to execute same. (consent)
7.14 Elect Councilmember Cundiff to serve as Vice Mayor. (consent)
7.15 Appoint Councilmember Allbritton to Forward Pinellas to fill the remainder of an
unexpired term through September 30, 2021 as the Clearwater representative.
(consent)
7.16 Request for authority to initiate foreclosure actions on behalf of the City to
recover amounts owed on municipal liens imposed against certain real
property. (consent)
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
Page 4 City of Clearwater Printed on 12/6/2018
December 6, 2018City Council Meeting Agenda
8.1 Approve the City of Clearwater’s Fiscal Year 2017-2018 Consolidated Annual
Performance and Evaluation Report (CAPER). (APH)
8.2 Approve the request from the owner of property addressed 1285 S. Missouri
Ave. to vacate a gas line easement located on their property and pass
Ordinance 9210-19 on first reading. (VAC2019-01).
8.3 Provide direction on the proposed first amendment to an existing Development
Agreement between NESC, LLC (the property owner) and the City of
Clearwater for property located at 443 East Shore Drive, which includes a
revision to the number of overnight accommodation units, revises the notice
addresses for the developer, includes a revision to Exhibit B to provide new
conceptual site plans and elevations, and confirm a second public hearing in
City Council Chambers before City Council on January 17, 2019 at 6:00 p.m., or
as soon thereafter as may be heard. (HDA2012-03001A)
8.4 Approve amendments to Appendix C, Downtown Zoning District and Design
Standards of the Community Development Code, to establish new sign
regulations for the Downtown District and pass Ordinance 9217-19 on first
reading. (TA2018-04002)
8.5 Continue to January 17, 2019: Provide direction on the proposed Development
Agreement between Decade Properties, Inc. (the property owner) and the City
of Clearwater, providing for the allocation of 27 units from the Hotel Density
Reserve under Beach by Design and confirm a second public hearing in City
Council Chambers before City Council on February 7, 2019 at 6:00 p.m., or as
soon thereafter as may be heard. (HDA2018-10002; 850 Bayway Boulevard).
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9147-18 on second reading, vacating the 50 foot right-of-way
of East Avenue, depicted as East Street on Jones Subdivision of Nicholson
Addition to Clearwater Plat as recorded in Plat Book 4, Page 82 of the public
records of Hillsborough County, Florida, from the southerly right-of-way line of
the vacated Hart Street to the Northerly right-of-way line of Jones Street.
9.2 Adopt Ordinance 9207-18 on second reading, annexing certain real properties
whose post office addresses are 505 and 806 Moss Avenue and 3059 Grand
View Avenue, all within Clearwater, Florida 33759, into the corporate limits of
the city and redefining the boundary lines of the city to include said additions.
9.3 Adopt Ordinance 9208-18 on second reading, amending the future land use
element of the Comprehensive Plan of the city to designate the land use for
certain real properties whose post office addresses are 505 and 806 Moss
Avenue and 3059 Grand View Avenue, all within Clearwater, Florida 33759,
upon annexation into the City of Clearwater, as Residential Low (RL).
Page 5 City of Clearwater Printed on 12/6/2018
December 6, 2018City Council Meeting Agenda
9.4 Adopt Ordinance 9209-18 on second reading, amending the Zoning Atlas of the
city by zoning certain real properties whose post office addresses are 505 and
806 Moss Avenue and 3059 Grand View Avenue, all within Clearwater, Florida
33759, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
9.5 WITHDRAWN: Adopt Ordinance 9204-18 on second reading, annexing certain
real property whose post office address is 2101 North Hercules Avenue,
Clearwater, Florida 33763, together with abutting right-of-way of North Hercules
Avenue, into the corporate limits of the city and redefining the boundary lines of
the city to include said addition.
9.6 WITHDRAWN: Adopt Ordinance 9205-18 on second reading, amending the
future land use plan element of the Comprehensive Plan of the city to designate
the land use for certain real property whose post office address is 2101 North
Hercules Avenue, Clearwater, Florida 33763, upon annexation into the City of
Clearwater as Residential Low (RL).
9.7 WITHDRAWN: Adopt Ordinance 9206-18 on second reading, amending the
Zoning Atlas of the city by zoning certain real property whose post office
address is 2101 North Hercules Avenue, Clearwater, Florida 33763, upon
annexation into the City of Clearwater as Low Medium Density Residential
(LMDR).
10. City Manager Reports
10.1 Approve the First Amendment to Partnership and Support Grant Agreement
between the Clearwater Historical Society (CHS) and the City of Clearwater to
extend a grant in the amount of $12,000 annually, from November 1, 2018
through September 30, 2022, for operational expenses associated with the
South Ward Elementary School property and authorize the appropriate officials
to execute same.
10.2 Support the submission of a grant application for the Forward Pinellas
Complete Streets Grant Program to develop a complete streets design and
concept for the Ft. Harrison Avenue corridor from South Ft. Harrison Avenue at
Belleair Road to North Ft. Harrison Avenue at the Pleasant Street merge with
Myrtle Avenue, and pass Resolution 18-22.
11. City Attorney Reports
12. Other Council Action
12.1 Appoint an individual to serve as Councilmember, City Council Seat 2, to fill the
remainder of an unexpired term through March 2020.
Page 6 City of Clearwater Printed on 12/6/2018
December 6, 2018City Council Meeting Agenda
13. Closing comments by Councilmembers (limited to 3 minutes)
14. Closing Comments by Mayor
15. Adjourn
Page 7 City of Clearwater Printed on 12/6/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5465
Agenda Date: 12/6/2018 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: Council Work Session
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
National Human Trafficking Awareness Day Proclamation - U.S. Institute Against Human
Trafficking - Micah Washinski, US Institute Against Human Trafficking, Trafficking Free Zone -
Pinellas County
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/6/2018
U.
S.
INSTITUTE
AGAINST
HUMAN
TRAFFICKING
WHAT
WE
STAND
FOR
The
U.
S.
Institute
Against
Human
Trafficking
is
a
nonprofit,
faith -
based
organization
anointed
by
God
to
fight
against
human
trafficking
in
America
with
truth
and
integrity,
showing
the
love
of
Jesus
Christ
to
all
involved.
With
offices
in
Tampa,
Washington
DC,
Los
Angeles
and
Austin,
we
are
addressing
the
national
problem,
and
also
doing
so
with
on -
the -
ground
services.
Our
work
is
also
done
in
conjunction
with
federal,
state
and
local
government
officials
who
sit
in
a
position
to
influence
policy
on
ending
trafficking
in
America.
TAMPA,
FL (
HQ)
12353
Hampton
Park
Blvd.
Tampa,
FL
33624
813)
895-
3390WASHINGTON,
DC
1629
K
St.
N.
W.,
Suite
300
Washington
DC
20006
202
798-
0700
LOS
ANGELES,
CA
1750
E.
Florence
Ave.
Los
Angeles,
CA
90001
323)
457-
0100
LAS
VEGAS,
NV
P.
O.
Box
97238
Las
Vegas,
NV
89193
AUSTIN,
TX
500
E.
St.
Johns
Ave.,
Ste
2.
680
Austin,
TX
78752
512)
384-
1800
MAILING
ADDRESS
P.
O.
Box
272463
Tampa,
FL
33688
4, .
11-
774
P.
O.
BOX
272463
I
TAMPA,
FL
33688
I (
844)
600-
7774
I
WWW.
USIAHT.
ORG
TE
AGAINSTAFFICKING
THE
PROBLEM
There
are
hundreds
of
thousands
of
victims
trapped
in
the
world
of
sex
trafficking
in
the
United
States.
Because
of
the
hidden
nature
of
the
crime,
it
is
essentially
impossible
to
know
how
many
for
sure.
w "" •
while
he .,. ,..
rt,• .
a
o._ ,.
ked,
we
firmly
believe
the
number
is
by
far
in
excess
of
100,
000. ;
Our
hypersexualized
society
is
creating
an
environment
where
many
people
see
others
as
objects
to
be
used
for
their
own
sexual
gratification.
Pornography
is
at
the
heart
of
the
problem,
creating
a
tsunami
of
problems
in
our
culture
that
experts ,
only
recently
be•
innin•
to
be -
late .
to,•
uali
and •
uantif
e
pure
ase'
a
uman
be
ng
or
sex.
Because
the
demand
exists,
the
traffickers
are
ling
conomic
equation,
and
filling
the
supply
with
victims.]
WHO
WE
ARE
VI
The
U.
S.
Institute
Against
Human
Trafficking
intends
to
end
Human
Trafficking
in
the
United
States
through
prevention,
combating
demand,
the
rescue
of
victims `"''
providing
safe
refuge
for
the
ek
z`
combat
demand,
raise
awareness
to
this
issue,
and
environments
for
survivors.
Creating
financially
stable
and
replicable
Safe
Homes
for
survivor
restoration
across
the
country
Partnering
with
local
law
enforcement,
governments,
businesses,
schools
and
community-
based
organizations
to
create
TraffickingFreeZonesTM Educating
federal,
state
and
local
government
officials
about
the
problem
and
what
more
they
can
do
to
stop
it
Eliminating
the "
demand"
by
promoting
legislative
and
law
enforcement
focus
on
the
sex
buyers
instead
of
those
being
sold
T
IS TIME C. ELIMINATE DEMAND
Of
those
sold
in
sex
slavery
were
abused
as
children.
Most
entered
at
ages
12-
15
years.
90% Of
victims
are
arrested
for
selling
sex;
fewer
than
10%
of
buyers
are
arrested. 95% Of
victims
are
physically assaulted
and/
or
raped
in
prostitution.
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m= lcD
3 Yi• 1-
1znz
A NEW WAY
TO DECREASE DEMAND
AtTh
TRAFFICKING FREE
ZONE -
THE ZONE
USIAHT's flagship demand reduction program, TraffickingFree
ZoneTM, is a year-long modular approach based upon proven
practices from around the United States.
THE APPROACH
The TraffickingFree Zone' program's success is credited to
establishing a holistic approach - - - a multi -sector partnership
involving law enforcement, government, businesses, schools and
community-based organizations.
County -by -county the TraffickingFree Zone' program is
implemented with the focus on arresting and prosecuting sex
buyers instead of those who are being sold, educating community
members on sex trafficking and implementing numerous other
demand reduction techniques.
Using the principles outlined in the TraffickingFree Zone''
program, communities can expect to see a significant decline in
demand.
usiaht
TRAFFICKING FREE
DECREASE
DEMAND
For one year in each partner community, the TraffickingFree ZoneTM
program activates multiple sectors of society simultaneously,
discouraging and impeding buyers from purchasing sex, while
offering rehabilitation services for both buyers and victims.
1 Baseline Research
2 Criminal Justice
3 Government and Social
Services
4 Healthcare Community
5 Technology
6 Education
7 Businesses and
Employers
8 Public Awareness
9 Faith -Based Community
10 Impact Study
GET IN THE ZONE
If you'd like to request a partnership with the TraffickingFree ZoneTM
program in your community, visit:
traffickingfreezone.com
The TraffickingFree Zone" is a program from the U.S. Institute
Against Human Trafficking. To learn more, visit:
usiaht.org
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Unfortunately, most safe home programs in the United States close
in the first year of operations due to a lack of sustainable funds.
The U.S. Institute Against Human Trafficking Boys Safe Home
program has been developed based upon one of the most
successful safe home programs in the country, creating a viable
and sustainable financial model.
The majority of funding for our boys home is derived from state
child welfare programs. This ensures the program's longevity,
while maintaining an extraordinarily high level quality of care.
We need your help. While the program's operations are supported
by state funding, we are still in need of partners who can help
cover the difference. By doing so, the boys are given an even
greater level of care and amenities that they will see nowhere else.
Find out how you can share your time, talents and treasures to
benefit these young boys at:
usiaht.org
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5461
Agenda Date: 12/6/2018 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: Council Work Session
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
The Arc Tampa Bay Foundation’s Festival of Trees - Madison Hauenstein, Executive Director,
and Dan Shouvlin, Board President of The Arc Tampa Bay Foundation
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/6/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5388
Agenda Date: 12/6/2018 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: Council Work Session
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
PSTA TRAC Awards - Bob Lasher, PSTA
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/6/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5466
Agenda Date: 12/6/2018 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: Council Work Session
Agenda Number: 4.4
SUBJECT/RECOMMENDATION:
Presentation of 2019 Conservation Partner of the Year Award to the City of Clearwater -
Barbara Walker, President of Clearwater Audubon Society
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/6/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5460
Agenda Date: 12/6/2018 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: Council Work Session
Agenda Number: 4.5
SUBJECT/RECOMMENDATION:
Environmental Advisory Board Annual Presentation - Jared Leone, EAB Chair
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/6/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5398
Agenda Date: 12/6/2018 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: City Council
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the November 15, 2018 City Council Meeting Minutes 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 12/6/2018
City Council Meeting Minutes November 15, 2018
Page 1
City of Clearwater
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Thursday, November 15, 2018
6:00 PM
Council Chambers
City Council
Draft
City Council Meeting Minutes November 15, 2018
Page 2
City of Clearwater
Roll Call
Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Caudell (Departed at
7:18 p.m.), Councilmember Hoyt Hamilton, Councilmember Bob Cundiff
and Councilmember David Allbritton
Also Present: William B. Horne II – City Manager, Jill Silverboard – Deputy City
Manager, Micah Maxwell – 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 pm at City Hall.
2. Invocation – Pastor Fleming Tarver from St. John Missionary Baptist Church 3. Pledge of Allegiance – Councilmember Hamilton
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.) – Given.
4.1 November Service Awards
One service award was presented to a city employee.
4.2 Citizens Academy Graduation
Certificates were presented to Daniel Adriance, Zebbie Atkinson IV, Joseph
Booth, Jennifer Borrow, Andrea Clark, Sarah Davis, Becky Ecung, Bud
Elias, Gloria Lepik-Corrigan, David Lillesand, Connor Lystad, Theresa
McComber, Amins Rodriguez, Sean Schrader, Samantha Seebeck, Aaron
Smith-Levin, Linda Stuckey, Michael Sullivan, Glenna Wentworth and David
Yarish.
4.3 Master Chorale Day Proclamation, December 6, 2018 - Tom Barker, Development
Director of The Master Chorale of Tampa Bay
Draft
City Council Meeting Minutes November 15, 2018
Page 3
City of Clearwater
4.4 World Pancreatic Cancer Day Proclamation, November 15, 2018 - Danny Rowland,
Pancreatic Cancer Action Network
4.5 Clearwater Jazz Holiday Presentation - Steve Weinberger, CEO Clearwater Jazz
Holiday, -Gary Hallas, Marketing & Operations Consultant
Mr. Weinberger thanked the Council and staff for their continued support
and presented Council with a framed 2018 Jazz Holiday poster.
4.6 Hooters Clearwater Super Boat National Championship Presentation - Frank Chivas
Mr. Chivas thanked the Council for their continued support.
4.7 Transportation Planning Initiatives / Transportation Project Funding - Whit Blanton,
Executive Director Forward Pinellas
Mr. Blanton provided a PowerPoint presentation.
4.8 Clearwater Housing Authority Presentation - Ms. Caitlein Jammo, CHA Vice-Chairperson
Ms. Jammo reviewed accomplishments over the past year.
5. Approval of Minutes
5.1 Approve the November 1, 2018 City Council Meeting Minutes as submitted in written
summation by the City Clerk.
Councilmember Allbritton Approve the November 1, 2018 City
Council Meeting Minutes 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
Bill Jonson said recent city referendum results showed that 41% believe
things in Clearwater can be better; many individuals have shared with
him that the City has difficulty bringing many projects over the finish line.
He suggested reading Tactical Urbanism to assist with completing
project recommendations.
Karena Morrison encouraged all to shop local at the Holiday Market in Draft
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City of Clearwater
the Creative Suites at Station Square Park. The market will feature local
small businesses and non-profit organizations.
Tom Barker thanked the Council for the Master Chorale Day
Proclamation. The outreach education choir will be in Clearwater schools
this year to expose select 4th and 5th graders to music.
Jeffrey Barrett and Richard Zacchigna expressed concerns with flooding
and collapsing easement at 800 Moss Avenue.
The City Manager said staff will look into the matter to determine how the
homeowners can be assisted. It was not clear if the property is currently
unincorporated or if stipulations have been provided as part of the
annexation process.
Vice Mayor Caudell said her commercial general contracting company
needs her 100% attention; it was one of the reasons why she stepped
down from the at-large seat campaign for the Pinellas County Commission.
She will submit a letter of resignation that will include an effective date soon
and wished Council all the best.
Vice Mayor Caudell departed Chambers at 7:18 p.m.
7. Consent Agenda – Approved as submitted.
7.1 Approve the First Amendment to Contract for Sale of Real Property by the City of
Clearwater between the City and Habitat for Humanity of Pinellas County, Inc. and
authorize the appropriate officials to execute same, together with all other instruments
required to affect closing. (consent)
7.2 Approve a renewal subscription to the ISO ClaimSearch for Non -Insurers Database
effective January 1, 2019 through December 31, 2019, pursuant to City Code Section
2.564 (l) (i), services associated with Risk Management Casualty and Liability claims
services; approve a not-to-exceed total of $15,000 for the annual membership fee and
as-needed claim search fees; and authorize the appropriate officials to execute same.
(consent)
7.3 Approve the initial one-year renewal term in the Agreement with Commercial Risk
Management, Inc., of Tampa, Florida, for the management and administration of workers
compensation claims and two additional one-year renewal terms, pursuant to City Code
Section 2.564 (l) (i), for services associated with Workers Compensation exempt f rom
bidding for a not-to-exceed total of $75,000; and authorize the appropriate officials to Draft
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City of Clearwater
execute same. (consent)
7.4 Approve the annual renewal of CorVel Healthcare Corporation’s Agreement for the
review of Workers Compensation Medical bills and Pharmacy Benefit Management
services in the amount of $85,000 for term January 1, 2019 through December 31, 2019,
an increase of $35,000 for the current annual term from January 1, 2018 through
December 31, 2018, pursuant to City Code Section 2.564 (l) (i), services associated with
Workers Compensation exempt from bidding, and authorize the appropriate officials to
execute same. (consent)
7.5 Approve a proposal by Construction Manager J.O. Delotto and Sons, Inc. of Tampa,
Florida, in the amount of $661,443 for renovations and upgrade of facilities at E.C. Moore
Softball Complex Field 8 and 9 located at 2780 Drew Street and authorize the
appropriate officials to execute same. (consent)
7.6 Approve the Contract for Sale of Real Property by the City of Clearwater, Florida
(Contract) between the City of Clearwater and Equity Lifestyle Properties, Inc. and
authorize the appropriate officials to execute same, together with all other instruments
required to affect closing. (consent)
7.7 Approve Engineer of Record (EOR) Supplement Work Order 2 to King Engineering
Associates, Inc. in the amount of $110,130 for the East W ater Reclamation Facility
Influent Pump Station Rehabilitation (13-0016-UT) and authorize the appropriate officials
to execute same. (consent)
7.8 Approve a 2-year renewal to Clearwater Ferry Services Inc., Water Taxi Operating
Agreement, commencing on December 1, 2018 and authorize the appropriate officials to
execute same. (consent)
7.9 Approve a Blanket Purchase Order for various roof repairs and replacements by Quality
Roofing Inc and Garland/DBS Inc, not to exceed $300,000 annually, in accordance with
Sec. 2.564(1)(d), Code of Ordinances - Other governmental contracts and authorize the
appropriate officials to execute same. (consent)
7.10 Approve a truck scale and baler as surplus, pursuant to Chapter 2 Article VI, Division 4,
Section 2.622 (Clearwater Code of Ordinances); authorize the sale to the highest bidder
and authorize the appropriate officials to execute same. (consent)
7.11 Return to service four roll-off trucks and one front-end loading truck (for refuse collection
from dumpsters) that were previously declared as surplus and authorized for sale
Pursuant to Chapter 2 Article VI, Division 4, Section 2.622, and authorize the appropriate
officials to execute same. (consent)
7.12 Approve a Legal Services Agreement hiring David Harris, Esq. as outside council to
revise purchasing sections of the Code of Ordinances and the Purchasing Manual for an Draft
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City of Clearwater
amount not to exceed $35,000 and authorize the appropriate officials to execute same.
(consent)
7.13 Approve the Interlocal Agreement with Pinellas County and the Pinellas Suncoast Transit
Authority (PSTA) to participate and fund an update of the findings of a 2008 study of the
technical feasibility of a joint-use facility and evaluate potential site locations and
authorize the appropriate officials to execute same. (consent)
Councilmember Cundiff moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings
8.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL)
and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District
for 505 and 806 Moss Avenue and 3059 Grand View Avenue and pass Ordinances
9207-18, 9208-18, and 9209-18 on first reading. (ANX2018-09018)
These voluntary annexation petitions involve 0.630 acres of property consisting
of three parcels of land occupied by single family homes. The parcels are
located generally north of Drew Street, south of SR 590, and within ¼ mile west
of McMullen Booth Road. The applicants are requesting annexation in order to
receive sanitary sewer service from the City and will be connected to the city
sanitary sewer as part of the Kapok Terrace Sanitary Sewer Extension Project.
The properties are located within an enclave and 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 be assigned a
Zoning Atlas designation 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 the City. Collection
of solid waste will be provided to the properties by the City. The
applicants have paid the sewer impact fees in full and are currently
awaiting connection to the sewer system. The properties are located
within Police District III and service will be administered through the
district headquarters located at 2851 N. McMullen Booth Road. Fire and
emergency medical services will be provided to these properties by
Station 49 located at 565 Sky Harbor Drive. The City has adequate
capacity to serve these properties with sanitary sewer, solid waste, Draft
City Council Meeting Minutes November 15, 2018
Page 7
City of Clearwater
police, fire and EMS service. The proposed annexations will not have an
adverse effect on public facilities and their levels of service; and
• The proposed annexations are consistent with and promote the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category to
be assigned to all properties is consistent with the Countywide Plan
designation. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to all properties is Low Medium Density Residential (LMDR). The use of
the subject properties is consistent with the uses allowed in the 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 boundary; therefore, the annexations are
consistent with Florida Statutes Chapter 171.044.
Councilmember Hamilton moved to 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 505 and 806 Moss Avenue and 3059 Grand View
Avenue. The motion was duly seconded and carried unanimously.
Ordinance 9207-18 was presented and read by title only.
Councilmember Allbritton moved to pass Ordinance 9207-18 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton Draft
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Page 8
City of Clearwater
Ordinance 9208-18 was presented and read by title only.
Councilmember Cundiff moved to pass Ordinance 9208-18 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
Ordinance 9209-18 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9209-18 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
8.2 WITHDRAWN: 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 2101 North Hercules Avenue, together with abutting
right-of-way of North Hercules Avenue and pass Ordinances 9204-18, 9205-18, and
9206-18 on first reading. (ANX2018-09017)
This voluntary annexation petition involves 0.181 acres of property occupied by
a single-family dwelling. The parcel is located on the southeast corner of North
Hercules Avenue and Lake Citrus Drive. The applicant is requesting annexation
in order to receive solid waste and sanitary sewer service from the City. The
property is located within an enclave and is contiguous to existing city limits to
the south. The Development Review Committee is also proposing that the
0.125 acres of abutting North Hercules Avenue not currently within the City also
be annexed. It is proposed that the property be assigned a Future Land Use
Map designation of Residential Low (RL) and be assigned a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from Pinellas County. The
closest sanitary sewer line is located in the adjacent Lake Citrus Drive
right-of-way. The applicant has not paid the sewer impact and
assessment fees but is aware that they must be paid in full prior to
connection and of the additional costs to extend to the City sewer
system. Collection of solid waste will be provided to the property by the
City. The property is located within Police District III and service will be
administered through the district headquarters located at 2851 N. Draft
City Council Meeting Minutes November 15, 2018
Page 9
City of Clearwater
McMullen Booth Road. Fire and emergency medical services will be
provided to this property by Station 48 located at 1700 North Belcher
Road. The City has adequate capacity to serve this 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
objective and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category to
be assigned to the property is consistent with the Countywide Plan
designation. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to the property is Low Medium Density Residential (LMDR). The
property exceeds the District’s minimum dimensional requirements, but
the applicant is currently operating a real estate office out of the house in
a manner that is inconsistent with Pinellas County’s home occupation
regulations. While home occupations are allowed in residential districts
in both the County and the City, each jurisdiction has established similar
development standards to preserve the residential nature of a property.
The applicant is aware that upon annexation the use of the property
must comply with the City’s Community Development Code, including
the home occupation standards contained in Section 3-1102. 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 limits
to the south; therefore, the annexation is consistent with Florida Statutes
Chapter 171.044.
No Action.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9170-18 on second reading, annexing certain real properties whose
post office addresses are 3030 Lake Vista Drive, 3059 Merrill Avenue, 3047 Grand View Draft
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Page 10
City of Clearwater
Avenue, 3060 Glen Oak Avenue North, and 3041 Terrace View Lane, all within
Clearwater, Florida 33759, into the corporate limits of the city and redefining the
boundary lines of the city to include said additions.
Ordinance 9170-18 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9170-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
9.2 Adopt Ordinance 9171-18 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 3030 Lake Vista Drive, 3059 Merrill Avenue, 3047
Grand View Avenue, 3060 Glen Oak Avenue North, and 3041 Terrace View Lane, all
within Clearwater, Florida 33759, upon annexation into the City of Clearwater, as
Residential Low (RL).
Ordinance 9171-18 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9171-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
9.3 Adopt Ordinance 9172-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 3030 Lake Vista Drive,
3059 Merrill Avenue, 3047 Grand View Avenue, 3060 Glen Oak Avenue North, and 3041
Terrace View Lane, all within Clearwater, Florida 33759, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 9172-18 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9172-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
9.4 Adopt Ordinance 9173-18 on second reading, annexing certain real property whose post Draft
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City of Clearwater
office address is 2643 Morningside Drive, Clearwater, Florida 33759, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
Ordinance 9173-18 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9173-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
9.5 Adopt Ordinance 9174-18 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 2643 Morningside Drive, Clearwater, Florida 33759, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 9174-18 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9174-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9.6 Adopt Ordinance 9175-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2643 Morningside Drive,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
Ordinance 9175-18 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9175-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
9.7 Adopt Ordinance 9180-18 on second reading, annexing certain real properties whose
post office addresses are 1251 Sedeeva Circle North and 1923 North Betty Lane, all
within Clearwater, Florida 33755, into the corporate limits of the city and redefining the
boundary lines of the city to include said additions.
Ordinance 9180-18 was presented and read by title only. Draft
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City of Clearwater
Councilmember Allbritton moved to adopt Ordinance 9180-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
9.8 Adopt Ordinance 9181-18 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 1251 Sedeeva Circle North as Residential Urban (RU)
and 1923 North Betty Lane, Clearwater, Florida 33755, as Residential Urban (RU) and
Preservation(P)/Drainage Feature Overlay, upon annexation into the City of Clearwater.
Ordinance 9181-18 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9181-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
9.9 Adopt Ordinance 9182-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 1251 Sedeeva Circle
North Clearwater, Florida, 33755 as Low Medium Density Residential (LMDR), and 1923
North Betty Lane, Clearwater, Florida 33755, as Medium Density Residential (MDR) and
Preservation (P), upon annexation into the City of Clearwate r.
Ordinance 9182-18 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9182-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
9.10 Adopt Ordinance 9183-18 on second reading, annexing certain real property whose post
office address is 3108 Johns Parkway, Clearwater, Florida 33759, together with abutting
right-of-way of Johns Parkway, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 9183-18 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9183-18 on Draft
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City of Clearwater
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
9.11 Adopt Ordinance 9184-18 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 3108 Johns Parkway, Clearwater, Florida 33759, upon
annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 9184-18 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9184-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
9.12 Adopt Ordinance 9185-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 3108 Johns Pa rkway,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
Ordinance 9185-18 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9185-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
9.13 Adopt Ordinance 9186-18 on second reading, annexing certain real property whose post
office address is 2444 Sharkey Road, Clearwater, Florida 33765, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
Ordinance 9186-18 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9186-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff Draft
City Council Meeting Minutes November 15, 2018
Page 14
City of Clearwater
and Councilmember Allbritton
9.14 Adopt Ordinance 9187-18 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 2444 Sharkey Road, Clearwater, Florida 33765, upon
annexation into the City of Clearwater, as Residential Medium (RM).
Ordinance 9187-18 was presented and read by title only.
Councilmember Cundiff move to adopt Ordinance 9187-18 on
second and final reading. The motion was dul y seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
9.15 Adopt Ordinance 9188-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2444 Sharkey Road,
Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Medium
Density Residential (MDR).
Ordinance 9188-18 was presented and read by title only.
Councilmember Hamilton moved to adopt 9188-18 on second and
final reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
9.16 Adopt Ordinance 9196-18 on second reading, annexing certain real property whose post
office address is 2780 North Terrace Drive, Clearwater, Florida 33759, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
Ordinance 9196-18 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9196-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
The Council recessed from 7:38 p.m. to 7:45 p.m. Draft
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Page 15
City of Clearwater
9.17 Adopt Ordinance 9197-18 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 2780 North Terrace Drive, Clearwater, Florida 33759, upon
annexation into the City of Clearwater, as Residential Low (RL) and Drainage Feature
Overlay.
Ordinance 9197-18 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9197-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 3 - Mayor Cretekos, Councilmember Cundiff and Councilmember
Allbritton
Councilmember Hamilton returned to Chambers at 7:47 p.m.
9.18 Adopt Ordinance 9198-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2780 North Terrace Drive,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
Ordinance 9198-18 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9198-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
9.19 Adopt Ordinance 9199-18 on second reading, annexing certain real property whose post
office address is 600 Moss Avenue, Clearwater, Florida 33759, into the corporate limits
of the city and redefining the boundary lines of the city to include said addition.
Ordinance 9199-18 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9199-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton Draft
City Council Meeting Minutes November 15, 2018
Page 16
City of Clearwater
9.20 Adopt Ordinance 9200-18 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 600 Moss Avenue, Clearwater, Florida 33759, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 9200-18 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9200-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
9.21 Adopt Ordinance 9201-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 600 Moss Avenue, Clearwater,
Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 9201-18 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9201-18 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cund iff
and Councilmember Allbritton
10. City Manager Reports
10.1 Accept Ordinance 2018-10, an Interlocal Agreement/Franchise with the City of Indian
Rocks Beach, in order for Clearwater Gas System to continue to provide natural gas
service to the citizens of Indian Rocks Beach and adopt Resolution 18 -21.
On November 13, 2018, the City of Indian Rocks Beach Council is set to
approve an Interlocal Agreement, on second reading, with the City of
Clearwater, which provides a franchise for Clearwater Gas System (CGS) to
provide natural gas service in Indian Rocks Beach.
The previous franchise with the City of Indian Rocks Beach was approved on
July 7, 1988 and expired on July 6, 2018. Currently, CGS is operating on a
month-to-month basis under the provisions of that franchise agreement.
Draft
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Page 17
City of Clearwater
The effective date of the new franchise shall be the 1st day of the following
month after the Interlocal Agreement is approved by the City of Clearwater. The
Agreement provides the City of Clearwater a 15-year non-exclusive right to
continue to construct, operate and maintain all facilities necessary to supply
natural gas to the City of Indian Rocks Beach. The agreement also provides for
renewal options, which may be extended for an additional 15 years.
The Interlocal Agreement provides for a 6% franchise fee to be paid by the
consumers of natural gas within the City of Indian Rocks Beach. The prior
franchise fee was 5%.
Councilmember Allbritton moved to accept Ordinance 2018-10, an
Interlocal Agreement/Franchise with the City of Indian Rocks Beach,
in order for Clearwater Gas System to continue to provide natural
gas service to the citizens of Indian Rocks Beach. The motion was
duly seconded and carried unanimously.
Resolution 18-21 was presented and read by title only.
Councilmember Cundiff moved to adopt Resolution 18-21. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff
and Councilmember Allbritton
10.2 Authorize a purchase order to Encore Broadcast Equipment, Inc. of Tampa, FL, in the
amount of $153,355.74 for labor and equipment to relocate the broadca st facilities from
City Hall to the Clearwater Main Library, providing for upgrades to the broadcast
equipment, and securing of unused broadcast equipment, in accordance with City Code
of Ordinances 2.564(1)(b) Other Governmental Bids, and authorize the appropriate
officials to execute same.
City Council authorized staff to vacate City Hall and relocate Council Chambers
to the Clearwater Main Library. The estimate provided includes the costs to
move the broadcast facilities to the Clearwater Main Library, enhance the
broadcast equipment to provide for improved functionality, and remove any
broadcast equipment currently in the city council chambers for storage or reuse
in other parts of the city.
The construction of a new dais accounts for $46,790.59 of the $153,355.74
quote. This construction will include for a dais which is mobile and if desired
can be moved to a future city council chambers. Those costs can be reduced
by $6,000 if it is determined that the finish of the counter top should be laminate
versus granite, and by another $10,370 if it is determined that the metal railing Draft
City Council Meeting Minutes November 15, 2018
Page 18
City of Clearwater
and glass partitions which are a part of the design are not desired.
The removal of equipment from the current council chambers will cost around
$8,000 in labor, with many of those costs being for equipment that will be stored
or repurposed elsewhere in the city.
The remaining $98,565.15 is split between $47,565.15 in equipment and
$51,000 in labor. Of the $47,565.15 in equipment costs, approximately $5,000
relates to equipment which supports the status quo. The remaining amount is
focused on four enhancements. It is important to note that many of these costs
are crossover cost and would be shared, so removing an enhancement does
not necessarily mean a full adjustment to the estimated costs.
Power upgrades
The current chambers does not employ uninterrupted power supplies for either
the dais or the equipment supporting broadcasting. $3,000 of the bid provides
UPS systems for all equipment.
Multi Zone Speaker system
The current chambers operate with a single speaker system. This results in
challenges to those in the audience to hear what is occurring without affecting
the council and staff on the dais. Approximately $8,000 supports the upgrades
to this system.
Press Hookup
Currently the members of the media must be in the room with their equipment
and wiring to capture elements of the meeting. This upgrade would allow for the
media members to have their equipment and wiring in the hallway area along
Osceola. $3,000 supports this upgrade.
Enhanced Configuration
The major upgrade relates to equipment related to a change to the configuration
of the dais. The current set up has full functionality for the Mayor, Council, and
CM/CA/DCM/ACM positions, but limited functionality for the clerks’ seating.
Additionally, other boards have unique configuration needs, the most extreme
being the code enforcement board. This board often has the need to have a set
up more akin to a court room where witnesses can be questioned. This
enhancement is estimated at $29,000.
The remaining $51,000 in labor is split between the enhancements and the
status quo items, and it is difficult to estimate the savings in this line item
without choosing to requote the total number.
While this move does include enhancements discussed above, staff has been Draft
City Council Meeting Minutes November 15, 2018
Page 19
City of Clearwater
advised that this is the time to do such improvements and that they will improve
the experience for all involved.
While the quote for the project to the city is $153,355.74, the net cost to the city
will be closer to $113,355.74, as this project will result in the reuse of a piece of
equipment valued at $40,000 rather than the purchase of that equipment for a
planned fire department project.
The 30-day move will require the Council Chambers to be deconstructed and
reconstructed during a time when there are no televised meetings. This will
occur between mid-December and mid-January. Encore is using pricing from
Hillsborough County Schools Bid #14115 EST.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will establish capital improvement project
C1909, City Hall Move, recognizing a budget increase of General Fund revenue
in the amount of $215,000 to fund this project.
USE OF RESERVE FUNDS:
Funding for this project will be provided by a first quarter budget amendment
allocating General Fund reserves in the amount of $215,000 to capital
improvement project C1909, City Hall Move. Inclusive of this item if approved, a
net total of $578,370 of General Fund reserves has been appropriated by
Council to fund expenditures in the 2018/19 operating budget. The remaining
balance in General Fund reserves after the 8.5% reserve is approximately $9.1
million, or 6.1% of the current General Fund operating budget.
In response to questions, Assistant City Manager Micah Maxwell said the
costs associated with the move and IT upgrades discussed in August
identified a do not exceed amount of $215,000. Public Communications
Director Joelle Castelli said the proposed dais has a ramp on the l eft
side and a step on the right side. Mr. Maxwell confirmed the move to
the Bank of America Tower should have occurred by November 1;
construction is underway. He said there are no bids for moving City Hall;
almost no furniture will be moved to the new facility. Employees will be
responsible for moving their personal items. The build out costs have
been agreed upon and are fixed. The upgrades pursued at the Main
Library last February allowed the library to connect to the Municipal
Services Building. He said that equipment will be moved to Fire,
providing a savings for another project.
Opposition was expressed with moving City Hall to the Bank of America Draft
City Council Meeting Minutes November 15, 2018
Page 20
City of Clearwater
tower.
Councilmember Allbritton moved to authorize a purchase order to
Encore Broadcast Equipment, Inc. of Tampa, FL, in the amount of
$153,355.74 for labor and equipment to relocate the broadcast
facilities from City Hall to the Clearwater Main Library, providing for
upgrades to the broadcast equipment, and securing of unused
broadcast equipment, in accordance with City Code of Ordinances
2.564(1)(b) Other Governmental Bids, and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
11. City Attorney Reports
The City Attorney said based on this evening's events (Vice Mayor
Caudell's resignation), Council has 30 days to fill the vacancy after the
vacancy occurs. If Council fails to fill the vacancy within 60 days, a
special election must be called.
In response to questions, the City Attorney said the 30-day timeframe
begins when a resignation letter has been received. The city charter
states the vacancy should be filled by majority vote of the remaining
councilmembers within thirty days after the vacancy. There have been
times in the past that the vacancy has not been filled within that
timeframe. Council can still fill within the next 30 days but if the vacancy
is not filled at the end of 60 days, a special election must be called. The
vacancy will be filled through the next special or regular election (March
2020).
A suggestion was made that the individual filling the va cancy not be a
candidate for the seat in March 2020. It was stated that an individual who
has done the job previously would be preferred.
The City Attorney said there is no council policy or rule that sets the
process to fill the vacancy. Councilmembers may come up with a
personal list of prospective individuals. In the past, when there was more
time, Council requested individuals submit applications. She said there
may not be enough time in this instance to require applications since the
last council meeting of the year is December 6.
In response to a question, the City Attorney said the individual filling the Draft
City Council Meeting Minutes November 15, 2018
Page 21
City of Clearwater
vacancy must be a registered voter and live within Clearwater city limits.
12. Other Council Action
12.1 City Manager/City Attorney Salary Discussion
The performance evaluation discussions for the City Manager and City Attorney
were conducted by City Council at the October 18, 2018 council meeting.
Council discussion concerning salary is conducted at a subsequent meeting.
Human Resources Director Joe Roseto said the City Manager has
announced that he would like to forgo an increase.
Councilmember Cundiff moved to not give a raise to the City Manager.
The motion was duly seconded.
Discussion ensued with comments made that the recent employee
issues in Fire and Parks and Recreation also occur in the private sector
and should not be held personally responsible for what rank and file
employees do. It was stated that the City Manager addressed the matter
promptly with all city departments, stressing the issues were not
acceptable.
Councilmember Hamilton moved to amend the motion to authorize a
2% raise and that at the discretion of the City Manager, he as the ability
not to accept the raise. The motion was duly seconded.
A concern was expressed that the amendment places the City Manager
in an awkward position given his previous announcement.
The motion to amend was withdrawn.
Councilmember Hamilton moved to amend the motion by striking "at
his request." The motion was duly seconded and carried unanimously.
Upon the vote being taken, the motion, as amended, carried
unanimously.
Draft
City Council Meeting Minutes November 15, 2018
Page 22
City of Clearwater
Mr. Roseto said staff conducted a traditional jurisdiction -salary
comparison for the City Attorney. The average salary for city/county
governments is $210,000. The City Attorney's current salary is $187,000,
which is 12% behind the jurisdictional matches. The average salary for
municipal governments is $195,538, which is 4.5% below the average.
Staff also looked at closest jurisdictional matches based on population.
He said the average salary for a city attorney for entities with similar
populations is $194,346; the average salary for entities with similar
employee counts is $188,995. Mr. Roseto said the increase provided last
year was 3.0%. The CWA employee group received a 3.5% increase this
year, effective October 1; SAMP employees will receive a similar
increase, effective Saturday.
In response to a question, Mr. Roseto said the Consumer Price Index
was 2.5%.
Councilmember Hamilton moved to authorize a 3% raise.
The motion failed for lack of a second.
Councilmember Cundiff moved to authorize a 3.5% increase, effective
next pay period. The motion was duly seconded.
A concern was expressed that a 3.5% increase on the attorney's salary
represents a lot of money.
Upon the vote being taken, the motion carried unanimously.
13. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Allbritton said he is shocked by the Vice Mayor's resignation,
he enjoyed working with her and she inspired him to be on PSTA boards and
to get involved in transportation aspects. He wished her well in her endeavor
with her business and hopes all goes well for her.
In response to a procedural question regarding the Vice Mayor's position on
regional boards, the City Attorney said that once a resignation date is
received, Council will elect a new vice mayor and make appointments to
boards at the meeting following the resignation date.
Draft
City Council Meeting Minutes November 15, 2018
Page 23
City of Clearwater
14. Closing Comments by Mayor
Mayor Cretekos thanked Vice Mayor Caudell for her service to the
community and reviewed recent and upcoming events. 15. Adjourn
The meeting adjourned at 8:32 p.m.
Mayor
City of Clearwater
Attest
City Clerk Draft
Citizen Comment Card
Name: j4aMlip ,1 rTY
Address: 409 / Vv 1--)19)-))0n4 (
City: (j Qf Zip: '3-7 s 5
Telephone Number: r- 77 ` J(2 `- 41-
Email Address: slop 1 0_6214A-97(z/co.
Speaking under citizens to be heard re
items not on the agenda?
Agenda item(s) to which you wish to speak.
What is your position on the item? For Against
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Citizen Comment Card
Name: i t° Goe:c1a,J
Address: c.0. Bb' 50(053
City: C-Ct Zip: cl414..3
Telephone Number:
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Email Address:
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Name:
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Number:
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Citizen Comment Card
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Address: 4v2c21 I tvn 614
City: at;Zip: agqiff
Telephone Number: 3"4 5 /5 2
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Citizen Comment Card
Name: 3147t( CILivt,t-J
Address: if --"O
City: 4 % P/ Zip• .83Z77
Telephone Number: 7217--1.1-110---48
Email Address: sib Aeries .
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5340
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Declare as surplus obsolete gas appliances to the needs of the City, authorize disposition
through sale to the highest bidder through open market and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
Clearwater Gas System (CGS) has numerous inventory gas appliances ready for disposition.
These items consist of 24 gas water heaters, two outdoor grill sets, one vent hood and one
miscellaneous valve cover. These appliances are no longer needed because they are outdated
and CGS Sales Representatives have been unsuccessful in selling them to potential
customers. Most of these obsolete appliances are over 10 years old.
It is no longer policy to inventory quantities of appliances. CGS now orders appliances as
required by signed customer orders, therefore, the Department should not have to dispose of
appliances in this fashion in the future.
The intent is to sell all surplus designated equipment to the highest bidder. The selected
bidder(s) will be responsible for pick-up and transportation of the equipment from their
locations. The service/repair items are located at the Gas Administration Warehouse on Myrtle
Avenue.
Pursuant to City of Clearwater Code of Ordinances, Section 2.622, surplus sales of common
bulk items of an estimated value greater than $5,000 shall be through public auction or open
market, following authorization by the City Council. The inventory book value of the surplus
appliances is $22,907.39. The open market bid opportunity will be handled in accordance with
code and purchasing policy, Division 4, Sale of Surplus Personal Property, and managed by
the Purchasing Division.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 12/6/2018
Clearwater Gas System
Obsolete Appliance Inventory (November 2018)
Stock Code Net Adj Amt Qty Stock Desc Purchase Date
BAHSN-011 (78.25)$ 1 2018 Obsolete NAVIEN PIPE COVER 5/29/14
23738 (439.95)$ 2 2018 Obsolete REGAL II OVEN Prior to OWAM 11 yrs
23733 (275.00)$ 1 2018 Obsolete REGAL ROLL HOOD Prior to OWAM 11 yrs
R63P (720.68)$ 1 2018 Obsolete RINNAI TANKLESS WATER HEATER LP 9/21/11
R50IP (677.38)$ 1 2018 Obsolete RINNAI TANKLESS WATER HEATER INDOOR LP 6/2/10
R50IP (677.38)$ 1 2018 Obsolete RINNAI TANKLESS WATER HEATER INDOOR LP 6/2/10
R50IN (649.35)$ 1 2018 Obsolete RINNAI TANKLESS WATER HEATER INDOOR NG 6/18/10
NRC111-SVP (1,469.75)$ 1 2018 Obsolete
NORITZ IN / OUT DOOR CONDENSING RESIDENTIAL
TANKLESS WT/HTR LP 5/5/10
NRC111-SVP (1,469.75)$ 1 2018 Obsolete
NORITZ IN / OUT DOOR CONDENSING RESIDENTIAL
TANKLESS WT/HTR LP 5/5/10
NRC111-DVP (1,358.31)$ 1 2018 Obsolete
NORITZ INDOOR DIRECT VENT CONDENSING RESIDENTIAL
TANKLESS WT/HTR LP 5/5/10
NR66-SVP (643.38)$ 1 2018 Obsolete
NORITZ IN / OUT DOOR RESIDENTIAL TANKLESS WT/HTR,
LP 10/15/12
NO842MCN (1,469.75)$ 1 2018 Obsolete
NORITZ HIGH EFFICIENCY TANKLESS WATER HEATER,
NATURAL 1/26/10
N53SP (544.00)$ 1 2018 Obsolete
NORITZ PROPANE GAS INDOOR / OUTDOOR TANKLESS
WT/HTR 9/22/09
50PVLP (788.97)$ 1 2018 Obsolete PACEMAKER 7/1/08
50DVLP (775.35)$ 1 2018 Obsolete PACEMAKER 7/1/08
3237LP (1,220.14)$ 1 2018 Obsolete RINNAI COM. LP TANKLESS WATER HEATER 2/15/08
3237LP (1,220.14)$ 1 2018 Obsolete RINNAI COM. LP TANKLESS WATER HEATER 2/15/08
3237INLP (1,380.42)$ 1 2018 Obsolete RINNAI R98I LP TANKLESS WATER HEATER 3/10/08
3237INLP (1,380.42)$ 1 2018 Obsolete RINNAI R98I LP TANKLESS WATER HEATER 3/10/08
30LP (389.54)$ 1 2018 Obsolete PACEMAKER 7/1/10
30LP (389.54)$ 1 2018 Obsolete PACEMAKER 7/1/10
2532LP (863.04)$ 1 2018 Obsolete R85EP TANKLESS WATER HEATER 3/10/08
2532LP (863.04)$ 1 2018 Obsolete R85EP TANKLESS WATER HEATER 3/10/08
2532LP (863.04)$ 1 2018 Obsolete R85EP TANKLESS WATER HEATER 3/10/08
2520LP (766.94)$ 1 2018 Obsolete R53IP TANKLESS WATER HEATER 10/10/07
2520LP (766.94)$ 1 2018 Obsolete R53IP TANKLESS WATER HEATER 10/10/07
2520LP (766.94)$ 1 2018 Obsolete R53IP TANKLESS WATER HEATER 10/10/07
TOTAL (22,907.39)$ 28 Appliances
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5442
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Award Purchase Orders, in the total annual amount of $1,500,000 for the purchase of diaphragm
gas meters, regulators, rotary gas meters, and gas regulators, for the period January 1, 2019
through December 31, 2019, authorize two, one-year extension periods, and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
Invitation to Bid #27-18 was issued in August 2018, for the supply of natural gas meters and
regulators on an as-needed basis for the Clearwater Gas System (CGS). Six bids were
received and equipment samples were requested from multiple vendors for evaluation of
specification compliance, including coatings and compatibility requirements.
Four vendors have been selected as the most responsive and responsible bidder, meeting the
specifications for Bid #27-18, to be awarded as follows:
Elster American Meter
Bid Items 1, 2 - chosen because the lower bids contain internal components and materials
which do not meet bid specifications
Bid Item 3 - low bid, meets specifications
M.T. Deason Co.
Bid Items 4 and 5 - chosen because the lower bids contain internal components and materials
which do not meet bid specifications
Bid Item 16 - chosen because the lower bid contains internal components and materials which
do not meet bid specifications
Dresser, LLC
Bid Items 6, 7, 8, 9 - low bids, meet specifications
Control Southern Inc.
Bid Items 10, 11, 12, 13 - chosen because the lower bids contain plastic internal components
that do not meet bid specifications
Award Note
Bid Items 14, 15 - No award due to incorrect specifications in the bid
All materials are code approved and the meters and regulators will be used on the Clearwater
Page 1 City of Clearwater Printed on 12/6/2018
File Number: ID#18-5442
Gas System Distribution System for new customers as well as replacing existing meters that
have reached the end of their useful life.
Funding is requested in a lump sum so staff has the flexibility to allocate to each vendor as
needed during each one-year term. CGS is not obligated to expend the entire amount being
requested.
APPROPRIATION CODE AND AMOUNT:
Funding is available in Pinellas New Mains/Service Lines 3237323-96377, Pasco New
Mains/Service Lines 3237323-96378, Gas Meter Change-out Pinellas 3237323-96367, and Gas
Meter Change-out Pasco 3237323-96379 in the Clearwater Gas System Budget.
Page 2 City of Clearwater Printed on 12/6/2018
CITY OF CLEARWATER
ITB # 27-18, NATURAL GAS METERS AND REGULATORS
DUE DATE: SEPTEMBER 27, 2018; 10:00 AM
BID TABULATION SUMMARY
ITEM DESCRIPTION Control Southern
Inc.Dresser, LLC Elster American Meter
Company, LLC
Equipment Controls
Company
M.T.Deason
Company, Inc.Romet Limited
1
200 CLASS CFH (NTC) SCREWED CASE ALUMINUM GAS
METERS WITH CONNECTIONS $708,660 $656,100 $832,050
2
400 CLASS CFH (NTC) ALUMINUM GAS METERS WITH
CONNECTIONS $270,930 $269,460 $288,750
3
600 CLASS CFH (NTC) ALUMINUM GAS METERS WITH
CONNECTIONS $592,395 $1,021,125
4
800 CLASS CFH (NTC) ALUMINUM GAS METERS WITH
CONNECTIONS $1,062,000 $1,379,385 $1,218,300
5
1000 CLASS CFH (NTC) ALUMINUM GAS METERS WITH
CONNECTIONS $1,062,000 $2,111,505 $1,226,250
6 ROMET OR ROOTS 3M ROTARY METER $47,580 $78,780 $81,107 $54,120
7 ROMET OR ROOTS 5M ROTARY METER $64,320 $104,280 $115,483 $73,740
8 ROMET OR ROOTS 7M ROTARY METER $63,180 $96,975 $114,936 $71,595
9 ROMET OR ROOTS 11M ROTARY METER $49,500 $76,800 $91,306 $55,830
10 HSR 3/4" ANGLE BODY $408,780 $206,640 $282,330 $209,250
11 HSR 3/4" ANGLE BODY $545,040 $275,520 $376,440 $279,000
12 HSR 1" $68,130 $34,440 $42,615 $34,125
13 HSR 1" $68,130 $34,440 $42,615 $34,125
14 CS200 1 1/4" --NO AWARD--$142,500 $18,720 $28,125 $178,388
15 CS200 1 1/4" --NO AWARD--$178,125 $18,720 $28,125 $178,388
16
B34 2" FLANGED OR FEMALE PIPE THREAD GAS
REGULATOR WITH INTERNAL RELIEF VALVE $62,874 $72,051 $57,750 $64,092
Indicates intended award for line item
Lowest bid price for line item
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5403
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Human Resources
Agenda Number: 7.3
SUBJECT/RECOMMENDATION:
Approve the collective bargaining agreement as negotiated between the City of Clearwater and
IAFF Local 1158 for Fiscal Years 2018/19, 2019/2020, and 2020/2021 and authorize the
appropriate official to execute same. (consent)
SUMMARY:
The current collective bargaining agreement between the City of Clearwater and IAFF Local
1158 expired on September 30, 2018. The parties reached a tentative agreement for a new
contract which was ratified by the membership.
The agreement is a three-year agreement providing for a 3% general wage increase (GWI) for
all classifications plus a step pay increase of either 5% or 2.5 % depending on years of service
in the first year retroactive to October 1, 2018. It also provides for all pay ranges to be adjusted
by 3% in the first year. In the second and third year of the agreement, it provides for a 3%
general wage increase plus a step pay increase of either 5% or 2.5 % depending on years of
service and a 3% pay range adjustment for all classifications. It also increases standby pay by
$10.00/pay period and special teams pay by $5.00/pay period.
APPROPRIATION CODE AND AMOUNT:
A cumulative value of this agreement over the three-year term is $2,032,636. The cost
associated with the implementation of this agreement by fiscal year is anticipated to be
approximately as follows:
FY 2018/19 $663,905 (This includes $11,060 for increases in standby and special team pay)
FY 2019/20 $676,329 (This includes $11,060 for increases in standby and special team pay)
FY 2020/21 $692,402 (This includes $11,060 for increases in standby and special team pay)
The FY 2018/19 budget projected a salary increase of $539,900. A first quarter budget
amendment will allocate $124,005 of General Fund reserves to fund the unbudgeted portion for
the first year. Future budgets will include the contract costs in the proposed budget.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a first quarter budget amendment allocating
General Fund reserves in the amount of $124,005 to Fire Department personnel codes.
Inclusive of this item if approved, a net total of $702,375 of General Fund reserves has been
appropriated by Council to fund expenditures in the 2018/19 operating budget. The remaining
balance in General Fund reserves after the 8.5% reserve is approximately $8.9 million, or 6.1%
of the current General Fund operating budget.
Page 1 City of Clearwater Printed on 12/6/2018
File Number: ID#18-5403
Page 2 City of Clearwater Printed on 12/6/2018
AGREEMENT
Between
CITY OF CLEARWATER
and
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO
Local 1158
FISCAL YEARS
2018 –2019
2019 –2020
2020 –2021
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..................................................................................................15-16
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...............................................................................18-19
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.................................................................................26-27
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 Vacations....................................................................................................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..............................................................................................41-43
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 ...........................................................................................49
ARTICLE 10 Insurance ........................................................................................................49
ARTICLE 11 Performance and Discipline..........................................................................50
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.......................................................................................................................54
APPENDIX A Wages........................................................................................................55-57
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. SH-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 thisAgreement.
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.
ARTICLE3
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 unionofficial.
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
3
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 theCity.
Any authorization for dues deduction may be canceled by the employee upon 30 days written notice to
the City and 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 todeduct.
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 theemployee.
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
Tue 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. Tue 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. Tue 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, orlitigation.
Tue 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. Tue 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. A Clearwater Fire and Rescue Chief Officer 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,an d 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, holidaysexcepted.
6
STEP l
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 Step1,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 ofgrievances.
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 thisAgreement.
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 thisArticle.
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 AM. 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
29off 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 AM. 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 worke d. 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 bythe
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 re sponsible 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 on 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.
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
I. 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 mostsenior.
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.
4.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 thesame.
5.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.
6.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.
7.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 thattime.
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 192 hours (8 days) 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 thisperiod.
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 ayear.
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
agre ement 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 ord er 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 Tim e 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 resp ective
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 entitl ed 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 ofassignment.
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 suchdeployment.
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
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lower level classification shall be deemed to be one having a lower maximum rate of pay. For
non-voluntary,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 previouslypaid.
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 28-day work cycle for employees in the bargaining unit who work 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 212 hours during the designated 28- 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 shallstate:
1.The title of the class for which the eligibility list is to becreated.
2.The nature of the work to beperformed.
3.The minimum qualifications which may be required for admission to the evaluation process.
4.The general scope of the evaluation process to beused.
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 isapplying.
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 finaldecision.
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 FireDepartment.
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 previouslymade.
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 selectionprocess.
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 includ e
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 betterqualified.
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 probationaryperiod.
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' CompensationLaw.
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 shallcontrol.
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 ofemployment.
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 isprovided.
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 theinjury.
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 CityManager.
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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 theirown.
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
24
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. Tue 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. Tue 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.Tue 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. Tue
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 ofFlorida.
5.Tue 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 EMScertification.
6.Tue 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.Tue 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 theconflict.
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), andSquad.
25
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 jobdescription
C.Wages
All employees assigned as driver shall have at least 4 years on the department and 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 isimplemented.
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.
26
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.
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. Physicals shall include but not
necessarily be limited to thefollowing:
1.12 Lead EKG
2.SMA Profile 12 (liver, blood sugar,etc.)
3.Chest X-Ray – (as required)
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 Hepati tis 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
27
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 theemployees.
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 andpart.
Section 23. Residency Requirement
All bargaining unit members 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 ofClearwater.
Section 24. Tobacco Product Usage
No smoking or use of tobacco on or off the job shall be permitted for any bargaining unit member as a
condition of employment and their continued employment within the fire service. Violation of this provision
shall be deemed just cause of disciplinary action by the City, up to and includingdismissal.
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
Martin Luther King Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas 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 personnel shall not work on designated holidays unless directed to do so by
the Fire Chief or his/her designee. 40-hour per week schedule personnel who are required to work on a
designated holiday shall receive time-and-one-half their regular pay for 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 40-hour per week
schedule personnel. When a City-observed holiday falls on a Sunday, the following Monday shall be the
designated holiday for 40-hour per week schedule personnel. Designated holidays which fall on a 40-hour per
week schedule 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 ofhire.
29
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 thisSection.
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 ofretirement.
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 48 hours' 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 1
st.
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 followingschedule:
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 ............................................................. I Duty Day
30
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
Year2
Year3
Year4
Year 5
Year6
Year7
Year8
Year9
Yearl0
Year 11
Year 12
Year 13
Year 14
Year 15
Year 16
Year 17
Year 18
Year 25 and higher
1 year anniversary of Hire
January following 1 year anniversary of Hire
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January
Following January Thereafter
Pro-rated Days
6 Duty Days
6 Duty Days
7 Duty Days
7 Duty Days
7 Duty Days
8 Duty Days
8 Duty Days
8 Duty Days
8 Duty Days
9 Duty Days
9 Duty Days
9 Duty Days
9 Duty Days
10 Duty Days
10 Duty Days
10 Duty Days
11 Duty Days
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
Year2 January following 1 year anniversary of Hire 80 hours
Year3 Following January 88 hours
Year4 Following January 96 hours
Year 5 Following January 104 hours
Year6 Following January 112 hours
Year7 Following January 120 hours
Year8 Following January 128 hours
Year9 Following January 128 hours
Year IO 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.
5. 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 requir e
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.
The Fire Chief may approve vacation leave for less than 24-hour increments for employees with approved
Family Medical Leave Act (FMLA) paperwork on file. The need for time off must be for an approved FMLA
need. Vacation leave for FMLA purposes is exempt from the seven-employee maximum and three per
classification rules. Vacation leave will be utilized after sick leave and floating holidays have been exhausted.
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 I0-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 IO 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
32
seniority for their second selection on the second round.
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 thepool.
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.Membersofthebargaining unit shall accrue sickleaveinaccordance withtheschedule 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 utilizi ng "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
1 - 6
7 - 12
13 -18
19-24
25 -30
31 -36
37 -42
43 -48
49-54
55 -60
Tenths of an Hour
.1
.2
.3
.4
.5
.6
.7
.8
.9
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 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, an d 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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0.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 calendardays.
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 CityManager.
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 inJanuary.
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 fullday).
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 forday.
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 domestic partner of record, as defined in
accordance with criteria, policies, and procedures determined by the City, or the employee's or employee's
spouse's or domestic partner’s child, parent, foster-child(ren), minor-guardianship(s), brother, sister,
grandparent, grandchild, great-grandchild, stepparent, or stepchild. This is not chargeable to sick leave.
Employees may be required to produce legal justification for foster Child(ren)/Minor Guardianship.
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. The Fire
Chief may grant funeral leave to employees for the death of other household members. This leave is
chargeable to sick leave.
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 ofsuch intent assoon aspossible.
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, Secretary-Treasurer, or designee 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
39
Fire Chief.
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 designatedform.
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 benecessary.
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 of90 calendar days for the duration of thiscontract.
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 beserved.
40
2.For enlistees in time of war, the period of the first minimum enlistment, or for such additional period of
time required to beserved.
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 Co mponent 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 militar y 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 toinclude:
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 theCity.
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.
41
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 prov1s1ons 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 suchleave.
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 noevent 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 andknowledge.
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, 2018, pay ranges for all
classifications shall be adjusted by 3%, and the City shall provide a 3% general wage increase for all
employees. Effective for the period from October 1, 2018 through September 30, 2019, employees shall
be advanced in Step as provided for in Section 2 of this Article.
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Effective for the beginning of the payroll period that includes October 1,2019,pay range minimums and
maximums shall be adjusted by 3%, and the City will provide a 3%general wage increase for all
employees. Effective for the period from October 1, 2019 through September 30,2020, 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, 2020, pay ranges for all
classifications shall be adjusted by 3%, and the City shall provide a 3%general wage increase for all
employees. Effective for the period from October 1, 2 0 2 0 through September 30, 2021, employees
shall be advanced in Step as provided for in Section 2 of this Article.
Any further step advancements after September 30, 20 21 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, Fire Inspector I, Firefighter/Driver-Operator, and Fire Medic shall have twelve
merit steps. The classes of Fire Prevention Inspector, Fire Inspector II, 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 asfollows:
Appointment and Merit Step Review and Advancement:
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 10
Step 11
Step 12
Step 13
Original appointment or promotion
At the end of one year of satisfactory service in Step 1.
At the end of one year of satisfactory service in Step 2.
At the end of one year of satisfactory service in Step 3.
At the end of one year of satisfactory service in Step 4.
At the end of one year of satisfactory service in Step 5.
At the end of one year of satisfactory service in Step 6.
At the end of one year of satisfactory service in Step 7.
At the end of one year of satisfactory service in Step 8.
At the end of one year of satisfactory service in Step 9.
At the end of one year of satisfactory service in Step 10.
At the end of one year of satisfactory service in Step 11.
At the end of one year of satisfactory service in Step 12
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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 Sat isfactory 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 evaluati on
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 assignmen t pay if regularly assigned.
C.Overtime is defined as one and one-halftimes 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 FireStations.
D.Written requests for mileage reimbursement must be· made to the Fire Chiefs 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 sorequests.
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 thirty 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 forty 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:
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Dive Team
Coat/Jacket 1
Jump Suit 1
Swim Trunks 1
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.
D.The Department agrees to publish a semiannual list of the dates of expiration of all E.M.T. and
Paramedic certifications.
46
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 fo r 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 b argaining 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 offere d 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 guid elines 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 nec essary 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, t he
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
47
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 pro vided 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 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:
Quantity
Suppression and EMS Inspection
Coat 1 1
Pants 6 8
Class A Shirts Short Sleeve 6 7
Long
Sleeve
1 1
T-Shirts Short Sleeve
Long Sleeve
8
3 @ employee option)
Shorts 2
Sweatshirt 1
Jumpsuit 1 1
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
NomexHood 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 2 pair s
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.
48
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 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 Sectionabove.
E.The Department shall annually replace the
established by the Department.
following uniform items m accordance with procedures
Pants
Pants (tactical)
Shorts
Short Sleeve Tee Shirts
Short Sleeve Shirt
Jump Suit
Long Sleeve Tee Shirts
Section 11. Standby
3 pair
1 pair
2 pair
6
1
1 every 2 years
3
A.Fire Prevention Inspectors,Fire Inspector II, and Fire Inspector I, (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 $40.00 per night
Weekends $50.00 per day
Extended Time During Designated Holidays $50.00 per day
B.Standby assignments are mutually exclusive of call-in and holdover provisions of this agreement.
Nightly standby (Mond ay -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 th e beginning of the
employee's regular workday on Monday (48-hour period). Extended Time During Designated Holiday
shall apply when n 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.
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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
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.
50
Any information received by either party from the consultant or from another carrier will be
shared with the other party.
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
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.
ARTICLE 13
RETIREMENT
Section 1. The City and the Union agree that prior to retiring an employee may use his/her
51
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 pensionplan.
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, LAYOFF, AND RECALL
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 isclosest tothe 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 eachyear.
6.Emergency, provisional, seasonal and temporary part-time employees shall not accumulate
seniority during any period of suchemployment.
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:
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
52
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.
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
53
Department.
7.Group G -- Employees with 19 or more years of service in the Clearwater FireDepartment.
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 oflayoff.
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.
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, 2018, and shall continue in full force
and effect until September 30, 2021, 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
54
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.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this
day of ,2018.
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
Jason Thibault, Executive Vice President, Local 1158
David Hogan, Secretary/Treasurer, Local 1158
55
APPENDIX A -WAGES
FIREFIGHTER
PAY RANGE F-02 (80/106 HOURS)
Step October 2018 Biweekly October 2019 Biweekly October 2020 Biweekly
1 $1645.611 $1694.980 $1745.829
2 $1729.574 $1781.461 $1834.905
3 $1813.361 $1867.761 $1923.794
4 $1907.956 $1965.194 $2024.150
5 $2002.057 $2062.118 $2123.982
6 $2101.641 $2164.691 $2229.631
7 $2154.088 $2218.711 $2285.272
8 $2206.423 $2272.616 $2340.794
9 $2269.391 $2337.473 $2407.597
10 $2326.142 $2395.926 $2467.804
11 $2385.602 $2457.170 $2530.885
12 $2445.191 $2518.546 $2594.103
13 $2506.267 $2581.455 $2658.899
FIREFIGHTER/DRIVER-OPERATOR/FIRE INSPECTOR I
PAY RANGE F-04 (80/106 HOURS)
Step October 2018 Biweekly October 2019 Biweekly October 2020 Biweekly
1 $1727.900 $1779.737 $1833.129
2 $1816.055 $1870.536 $1926.652
3 $1904.034 $1961.155 $2019.990
4 $2003.364 $2063.465 $2125.369
5 $2102.152 $2165.216 $2230.173
6 $2206.726 $2272.928 $2341.116
7 $2261.787 $2329.641 $2399.530
8 $2316.720 $2386.222 $2457.809
9 $2382.892 $2454.379 $2528.010
10 $2442.433 $2515.706 $2591.177
11 $2504.874 $2580.021 $2657.421
12 $2567.460 $2644.484 $2723.818
13 $2631.609 $2710.557 $2791.874
56
FIRE MEDIC
PAY RANGE F-10 (80/106 HOURS)
Step October 2018 Biweekly October 2019 Biweekly October 2020 Biweekly
1 $1974.733 $2033.975 $2094.995
2 $2075.498 $2137.763 $2201.896
3 $2176.039 $2241.320 $2308.560
4 $2289.541 $2358.227 $2428.974
5 $2402.452 $2474.526 $2548.761
6 $2521.995 $2597.655 $2675.585
7 $2584.883 $2662.430 $2742.303
8 $2647.724 $2727.155 $2808.970
9 $2723.317 $2805.016 $2889.167
10 $2791.370 $2875.111 $2961.364
11 $2862.707 $2948.588 $3037.046
12 $2934.235 $3022.262 $3112.930
13 $3007.550 $3097.777 $3190.710
FIRE LIEUTENANT
PAY RANGE F-12 (80/106 HOURS)
Step October 2018 Biweekly October 2019 Biweekly October 2020 Biweekly
4 $2404.018 $2476.138 $2550.422
5 $2522.621 $2598.300 $2676.249
6 $2648.095 $2727.538 $2809.364
7 $2714.128 $2795.551 $2879.418
8 $2780.110 $2863.513 $2949.419
9 $2859.483 $2945.267 $3033.625
10 $2930.939 $3018.867 $3109.433
11 $3005.842 $3096.017 $3188.898
12 $3080.947 $3173.375 $3268.576
13 $3157.928 $3252.666 $3350.246
57
FIRE PREVENTION INSPECTOR/FIRE INSPECTOR II
PAY RANGE F-12 (80 HOURS)
Step
October 2018
Biweekly
October 2019 Biweekly October 2020 Biweekly
4 $2404.018 $2476.138 $2550.422
5 $2522.621 $2598.300 $2676.249
6 $2648.095 $2727.538 $2809.364
7 $2714.128 $2795.551 $2879.418
8 $2780.110 $2863.513 $2949.419
9 $2859.483 $2945.267 $3033.625
10 $2930.939 $3018.867 $3109.433
11 $3005.842 $3096.017 $3188.898
12 $3080.947 $3173.375 $3268.576
13 $3157.928 $3252.666 $3350.246
FIRE MEDIC LIEUTENANT
PAY RANGE F-13 (80/106 HOURS)
Step
October 2018
Biweekly
October 2019 Biweekly October 2020 Biweekly
4 $2670.057 $2750.159 $2832.663
5 $2802.656 $2886.736 $2973.338
6 $2953.317 $3041.916 $3133.174
7 $3019.632 $3110.221 $3203.528
8 $3097.999 $3190.939 $3286.667
9 $3176.223 $3271.509 $3369.655
10 $3255.990 $3353.245 $3453.843
11 $3336.990 $3437.099 $3540.212
12 $3420.426 $3523.039 $3628.730
13 $3505.949 $3611.127 $3719.461
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5434
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.4
SUBJECT/RECOMMENDATION:
Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Year
2018/19 for a new event sponsored by the Downtown Development Board, Cars and Coffee, in
the amount of $5,000 for in-kind services and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
On May 3, 2018, City Council approved the annual co-sponsorship list and funding for Fiscal
Year 2018/19 for budget purposes.
The Downtown Development Board has requested that the City co-sponsor a new special
event, Cars and Coffee, to be held in Downtown Clearwater on a date to be determined in the
Spring/Summer of 2019. The Downtown Development Board has approved a $9,000 budget
for the event. Dupont Registry will be a part of the event by bringing a wide variety of exotic cars
to the event.
Staff is requesting that this event be included in the Fiscal Year 2018/19 budget as a city
co-sponsored event.
Cost associated with the event will be $5,000 for various city services including solid waste,
police, fire, and parks and recreation.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 12/6/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5446
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.5
SUBJECT/RECOMMENDATION:
Award a Contract to Astro Turf Corporation (AstroTurf), of Dalton, Georgia for $499,000, to
provide and install a synthetic turf practice field at Jack Russell Stadium, pursuant to City Code
Section 2.564(1)(b) Other Government Entity Bids and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
The Philadelphia Phillies installed a synthetic turf practice infield at Jack Russell Stadium over
25 years ago. The turf infield has never been replaced and is no longer safe as a playing or
practice field.
When the Tampa Bay Rays replaced the turf infield at Tropicana Field prior to their 2018
baseball season, they offered to donate a portion of the used AstroTurf to the City. The City
accepted the offer and transported a portion of the turf, including the infill material made up of
sand and rubber, to the City Nursery facility located on Saturn Avenue.
The intent was to use the Tampa Bay Rays Turf in the replacement and refurbishment of the
turf playing field at Jack Russell Stadium. However, after working with AstroTurf, who installed
the original turf at Tropicana Field, we were informed that the turf was specifically designed for
indoor use, and it would not be economically beneficial to install the used turf. We could
expect approximately 2 years of life from the product while a new turf surface would be
guaranteed for eight years and could last 12 to 15 years.
That being the case, staff is recommending the award of a Contract to AstroTurf for the
replacement of the existing turf with an installation of a new AstroTurf Synthetic Turf System.
This Contract is a turn key project and will include all construction needed to remove the
existing field and install a new field. This includes demolition, drainage, fencing, curbs, sod,
lining of field, bases, and new turf. The only items not included in this contract are lighting and
safety netting for the right outfield wall. These items will be replaced by others later and will not
delay use of the completed practice field.
In reviewing possible options for how to replace and renovate the turf field, staff turned to
NJPA/Sourcewell which offers nationwide cooperative purchasing contracts for goods and
services for schools, municipalities, and other government agencies. The City of Clearwater is
a member of NJPA/Sourcewell and AstroTurf is a contractor that has been awarded a bid for
synthetic base and turf repairs and renovation projects.
This is a 60-day project and will be constructed beginning in January 2019 and completed by
Page 1 City of Clearwater Printed on 12/6/2018
File Number: ID#18-5446
March 2019.
Once completed, the field will be available for programming by Recreation Staff for rentals,
tournaments, St. Petersburg College, and Clearwater High School.
APPROPRIATION CODE AND AMOUNT
Sufficient funds are available in Capital Improvement Program project 315-93673, “Jack
Russell Stadium Improvements” for this Contract.
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 12/6/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5450
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.6
SUBJECT/RECOMMENDATION:
Approve the proposed sculpture collection for Sculpture360: Season IX- Art in the Cleveland
Street District and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The following collection of sculptures is recommended for temporary exhibition as part of the
Public Art and Design Program’s ‘Sculpture360: Art in the Cleveland Street District: Season IX’.
The sculptures were chosen by a Selection Panel, appointed by the Public Art and Design
Board (PADB), in accordance with the Public Art and Design Program Guidelines. The PADB
subsequently reviewed and approved this collection. The sculptures are slated for installation
starting the first week of January 2019 and will remain on exhibition through June 2020.
The Selection Panel included the following:
Jennifer Barbaro, Representative of the Public Art & Design Board
Amanda Thompson, Director of the CRA
Anne Fogarty-France, CRA representative and Downtown Manager
Anne Lopez, CRA representative
Lina Teixera, DCMA President
Madai Gutierrez, PADB Liaison, and Public Art Specialist
An open “Call to Artists” as outlined in the Public Art and Design Guidelines was issued
detailing the scope of the project. The Call to Artists resulted in approximately 25 responses of
qualified artists with various works proposed for temporary loan. The Selection Panel selected
three finalists (Clayton Swartz, Donald Gialanella, Adi Ben Dov) and an alternate (Terrence
Karpowics).
The PADB has approved an allocation of $9,000.00 from the Public Art & Design Program
Discretionary Fund (325-93608) for the purpose of funding ‘Sculpture360: Season IX’. Funds
will be utilized for artist honoraria and equipment, materials, and personnel necessary for
installing and removing the sculpture under the terms of the exhibition.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project 325-93608, Miscellaneous Public Art, to fund
this contract.
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 12/6/2018
File Number: ID#18-5450
Page 2 City of Clearwater Printed on 12/6/2018
2
Location: Cleveland Street District, downtown Clearwater
Project Synopsis:
Sculpture360: Art in the Cleveland Street District is a temporary outdoor exhibition of public artwork and sculpture for the
period of one year. Similar to other long-standing sculpture exhibitions such as the Sarasota Season of Sculpture, Sculpture360
aims to bring high-quality, vibrant, and engaging public artwork to the citizens and visitors of Clearwater.
Budget: $9,000.00
Selection Panel:
Jennifer Barbaro, Representative of the Public Art & Design Board
Amanda Thompson, Director of the CRA
Anne Fogarty-France, CRA representative and Downtown Manager
Anne Lopez, CRA representative
Lina Teixera, DCMA President
Madai Gutierrez, PADB Liaison, and Public Art Specialist
Public Art & Design Board:
Jerri Menaul, Chair
Eric Sieler, Vice Chair
Karen Cunningham
Neale Stralow
Jennifer Barbaro
Michael Potts
Selection Process and Criteria:
The five-member Selection Panel reviewed proposed artworks from the artist qualifications received though the open Call to
Artists. Artwork and artist credentials were evaluated on their artistic content, durability, originality, and other specific criteria
outlined in the Call to Artists such as:
Being vibrant, engaging and colorful
Being a solid structure and able to “hold its own” against the visual activity of downtown
Being iconic and serving as a visual anchor-point of the Cleveland Street District
Rationale for Selection:
The following artworks were chosen by the Selection Panel on the basis that they met and exceeded the qualifications for
desired sculpture identified in the Call to Artists. Each artist is a qualified and active sculptor and has professional training in
the arts, a lengthy public exhibition record, a number of successful public or private commissions, and/or a combination of
these traits.
Information on each artist and images of the selected work follow
3
Finalist Artist Name:
Terrence Karpowicz
Artwork Title:
Petite Passe
Artwork Medium:
Steel and Polymer
Artwork Dimensions:
11'x8'x6'
4
Finalist Artist Name:
Donald Gialanella
Artwork Title:
Gaia
Artwork Medium:
Stainless Steel
Artwork Dimensions:
9'x8'x5.5'
5
Finalist Artist Name:
Adi [iDEA] Ben Dov
Artwork Title:
In a Musical Atmosphere
Artwork Medium:
Aluminum, Iron, wood, Glass/Perspex, Oil and epoxy paints
Artwork Dimensions:
7.8' x 3' x 2'
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5453
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.7
SUBJECT/RECOMMENDATION:
Approve the Religious Community Services, Inc. (RCS) 2019 Agreement renewal for provision
of contractual victim advocacy services in an amount not to exceed $15,000 and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The Clearwater Police Department (CPD) seeks City Council approval to renew a contractual
agreement with RCS (a registered non-profit organization with four distinct yet interwoven
programs, which includes The Haven of RCS) to provide a part-time bilingual victim advocate
position from The Haven to be physically located at CPD headquarters. The victim advocate
will work 20 hours per week and perform the duties associated with the implementation of a
domestic violence victim advocacy program with an emphasis on Spanish-speaking, Hispanic
victims for a one-year period.
This is a ninth-year request for the services of a part-time bilingual victim advocate, which has
proven to be a very successful program. The victim advocate provided safety plans for 187
domestic violence victims, 43 of whom were Hispanic, for the period January 1, 2018 through
October 31, 2018. Additionally, there were 145 initial calls made to the victims of domestic
violence and a total of 85 follow up calls. The victim advocate continues to assist at State
Attorney Investigations, Depositions, Injunction paperwork and court hearings.
The Haven of RCS is a state-certified provider of domestic violence victim advocacy services,
has several Spanish-speaking victim advocates on staff, and has a long history of partnering
with CPD and its victim advocate on domestic violence issues. Pursuant to the contractual
agreement, The Haven of RCS will provide comprehensive domestic violence services on-site
at CPD for an approximate total of 400 victims, with an emphasis on Spanish-speaking
Hispanics but to include all domestic violence victims.
APPROPRIATION CODE AND AMOUNT:
All expenses will be funded with Florida Contraband Forfeiture Fund revenue and charged to
Special Project No. 181-99356.
Page 1 City of Clearwater Printed on 12/6/2018
File Number: ID#18-5453
Page 2 City of Clearwater Printed on 12/6/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5401
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.8
SUBJECT/RECOMMENDATION:
Approve Construction Manager at Risk (CMR) proposal from Biltmore Construction Company
Inc., of Belleair, Florida, in the amount of $1,878,897 for the demolition of the Harborview Center
(09-0049-EN) and authorize the appropriate officials to execute same. (consent)
SUMMARY:
August 4, 2016, City Council approved the use of Construction Manager at Risk Services
(CMR) for Continuing Contracts Biltmore Construction Co., Inc. of Belleair, FL; Cathey
Construction and Development, LLC of Mexico Beach, FL; Certus Builders, Inc. of Tampa, FL;
J. Kokolakis Contracting, Inc. of Tarpons Springs, FL; J.O. Delotto & Sons, Inc. of Tampa, FL;
Keystone Excavators, Inc. of Oldsmar, FL; Khors Construction, Inc. of Thonotosassa, FL; and
Wharton-Smith, Inc. of Sanford, FL for a period of four years.
These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under
Request for Qualifications 24-16 based upon construction experience, financial capability,
availability of qualified staff, local knowledge and involvement in the community.
As part of the initial phase of Imagine Clearwater, it is essential the Harborview Center Building
be demolished. The Harborview Center is located at the proposed formal gateway to the
waterfront revitalization project.
The proposed project is to completely demolish the Harborview Center Building. Work also
includes asbestos abatement, installation of helical tie-backs to preserve the existing basement
walls along Osceola Avenue and Cleveland Street, and back-filling followed by
sodding/seeding.
Due to the sensitive nature of the demolition, the extensive asbestos removal, the number of
tie-backs required and critical utility coordination involved, the project duration is estimated at
seven months from issuance of Notice to Proceed.
APPROPRIATION CODE AND AMOUNT:
ENGF180013-CONS-CNSTRC $1,878,897
Funds are available in capital improvement project ENGF180013, Imagine Clearwater, to fund
this proposal.
Page 1 City of Clearwater Printed on 12/6/2018
Harborview Center Demolition
Guaranteed Maximum Price
Proposal
November 16, 2018
1055 Ponce de Leon Boulevard Belleair, Florida 33756 Ph: 727.585.2084 Fax: 727.585.2088
November 16, 2018
TO: Jenelle Ostrowski, P.E.
City of Clearwater – Engineering Department
100 S. Myrtle Ave., Suite 200
Clearwater, FL 33756
RE: HARBORVIEW CENTER DEMOLITION and CITY OF CLEARWATER ENGINEERING DEPARTMENT
PROJECT NUMBER 09-0049-EN
As requested, enclosed is the proposal for demolition of the Harborview Center submitted in
accordance with technical specs/plans/clarifications of the scope of work for a Guaranteed
Maximum Price of $1,878,897.00.
Project Duration shall be 210 calendar days from the date of the Notice to Proceed.
City of Clearwater
Harborview Center Demolition
Guaranteed Maximum Price (GMP) Proposal
November 14, 2018
BCC Project #4034
PROJECT SUMMARY
Harborview Center Demolition
320/300 Cleveland Street
Clearwater, Florida
Complete demolition of the existing Harborview Center Building located at 320/300 Cleveland Street,
Clearwater, Florida. Project includes asbestos abatement, installation of helical tie‐backs to preserve
the existing basement walls along Osceola Ave and Cleveland Street and back‐filling followed by
sodding/seeding.
Harborview Center Demolition
Itemized Description of the Trade Work Base GMP Amount
Division 2-Site Construction (Abatement, Demolition, Earthwork)$1,183,500.00
Division 3-Concrete $0.00
Division 4-Masonry $0.00
Division 5-Metals $0.00
Division 6-Wood and Plastics $0.00
Division 7-Thermal and Moisture Protection $0.00
Division 8- Doors and Windows $0.00
Division 9- Finishes $0.00
Division 10- Specialties $0.00
Division 11-Equipment $0.00
Division 12-Furnishings $0.00
Division 13- Special Construction $0.00
Division 14- Conveying Systems $0.00
Division 15- Mechanical for Demolition $10,000.00
Division 16-Electrical for Demolition $10,000.00
Subtotal Subcontractor Direct Costs $1,203,500.00
Liability Insurance $19,000.00
Performance and Payment Bond $20,900.00
Builder's Risk Insurance By Owner
Subtotal Bond & Insurance $39,900.00
Survey Allowance $10,000.00
Maintenance of Traffic Allowance $15,000.00
Landscaping Allowance $45,000.00
Material Testing Allowance $10,000.00
Dewatering Allowance $15,000.00
Asphalt & Concrete Repair Allowance $12,500.00
Disposal of Unforseen Hazardous Materials Allowance $5,000.00
General Requirements/Conditions/Staffing $281,550.00
Project Contingency (10% of SDC)$120,000.00
Preconstruction Services $16,000.00
Construction Manager Fee (6% of $1,757,450.00)$105,447.00
Subtotal $635,497.00
TOTAL GUARANTEED MAXIMUM PRICE $1,878,897.00
1055 Ponce de Leon Boulevard Belleair, Florida 33756 Ph: 727.585.2084 Fax: 727.585.2088
Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk
Services Continuing Contract entered into with the City of Clearwater on August 4, 2016, based on RFQ
#24-16 the Harborview Center Demolition GMP dated November 16, 2018 Pages 1-14 including the
Enumeration of Documents (1 pages) and the Preliminary Construction Schedule (1 pages).
If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall
provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy
of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the
Power of Attorney.
For work performed, invoices shall be submitted to the City of Clearwater, Engineering Department, Attn:
Veronica Josef, Senior Staff Assistant, P.O. Box 4748, Clearwater, Florida, 33758-4748. Contingency
services may be billed only after written authorization is provided by the City to proceed with those
services.
City Code: ENGF 180013-CONS-CNSTRC
Biltmore Construction Co., Inc.
By: _________________________________
Jeff Parker
Vice President
_____________________________________
Date
CITY OF CLEARWATER, FLORIDA
Approved as to form: Attest:
____________________________ By: _______________________________
Owen Kohler Rosemarie Call
Assistant City Attorney City Clerk
Countersigned:
____________________________ ___________________________________
George N. Cretekos William B. Horne II
Mayor City Manager
____________________________ ___________________________________
Date Date
320300CLEVELAND ST DREW ST N OSCEOLA AVE LAURA ST
AERIAL MAP
WD PWD
286B 16-29s-15e
11/9/2018Map 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
Harborview Center DemolitionContract # 09-0049-EN
Document Path: V:\GIS\Engineering\Location Maps\Harborview_Center_Demolition2.mxd
PROJECTSITE
²
N.T.S.Scale:
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5411
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.9
SUBJECT/RECOMMENDATION:
Approve Engineer of Record (EOR) Supplemental 1 Work Order for Jones Edmunds and
Associates, Inc. in the amount of $32,500 for Northeast Water Reclamation Facility (NE WRF)
Blend Tank Improvements (14-0036-UT) and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
This project will install facility improvements at the NE WRF. Improvements include upgrading
the truck off-loading sludge pump station, sludge storage and blending tanks, sludge transfer
pumps, dewatering feed pumps, and accompanying mechanical, electrical, instrumentation,
and controls components.
August 20, 2015, City Council approved the initial work order for design, permitting, and bidding
services for the Sludge Blending Tanks at the NE WRF to EOR Jones Edmunds and
Associates, Inc. in the amount of $159,500.
During the design process, the City realized additional improvements were needed to further
contribute to the flexibility, reliability, operations, and safety of the biosolids process. The
upgrades include addition of grinder systems on sludge lines feeding the blending tanks and
digester, odor control piping, bypass piping and valves for the magnetic flow meters, and
adjustable discharge piping for the dewatering feed pumps.
Supplemental 1 Work Order is for design of additional improvements for a new total work order
value of $192,000.
The City of Clearwater’s Public Utilities Department is responsible for owning, operating, and
maintaining facilities at the Northeast Water Reclamation Facility.
APPROPRIATION CODE AND AMOUNT:
3217321-561300-96215
Funds are available in capital improvement project 96215, North East Plant Upgrades,
Improvements, to fund this work order.
Page 1 City of Clearwater Printed on 12/6/2018
WORK ORDER INITIATION FORM 1 of 7 Revised: 11/29/2017
Jones Edmunds & Associates, Inc.
SUPPLEMENTAL WORK ORDER
for the CITY OF CLEARWATER
Date: October 29, 2018
Consultant Project Number: 03720-048-01
City Project Number: 14-0036-UT
City Plan Set Number: ______________
1. PROJECT TITLE:
Northeast Water Reclamation Facility (WRF) Blend Tank Improvements
2. SCOPE OF SERVICES:
Jones Edmunds & Associates, Inc. is pleased to provide the City of Clearwater with this
supplemental work order to provide additional design services related to the Northeast Water
Reclamation Facility (WRF) Blend Tank Improvements project.
In 2015, the City contracted Jones Edmunds to design upgrades to minimize shock loading to the
primary anaerobic digester at the City’s Northeast Water Reclamation Facility (WRF). The work
included upgrading the truck off-loading pump station, refurbishing the two 40-foot-diameter
Sludge Storage and Blending Tanks, modifying the suction piping and valves for the Sludge
Storage and Blend Tanks, installing new Sludge Transfer Pumps, installing new Dewatering Feed
Pumps, and upgrading electrical, instrumentation, and controls for the above-mentioned unit
treatment processes. The project upgrades were identified to improve reliability and operability,
reduce maintenance, and allow flexibility to pump to the sludge storage tanks or directly to the
anaerobic digester.
This scope of services incorporates recent additions to the Northeast Blend Tank project that
will further contribute to the flexibility and operability of the unit processes, meet the City’s
newly adopted electrical and labeling standards, and provide redundancy for the system
components thus increasing the operator’s safety and control of the systems.
FINAL DESIGN PHASE (PLANS AND SPECIFICATIONS)
Task 3.4 – Addition of Grinder Systems – Upon review of the 60% drawings, City staff informed
Jones Edmunds to include grinder systems on the pipes feeding the north and south blend tanks
WORK ORDER INITIATION FORM 2 of 7 Revised: 11/29/2017
and blended sludge feed to the digester to prevent from pipe clogging and maintain a uniform
consistency within the blended sludge. The items associated with this task include:
A. Design two grinder systems on the pipes feeding and exiting the north and south blend
tanks and include a grinder specification and modify drawings to include bypass piping
for the systems.
B. Design a concrete slab for each grinder system and bypass piping station.
C. Design associated electrical and I&C modifications for the grinder systems and update
the project documents.
Task 3.5 – Tank Covers and Odor Control Piping Revisions – The existing NE Blend Tanks contain
domed covers and piping which is used to capture odors from the tanks and convey it to the
odor control system. In 2015, the odor control system was no longer in service and JE was
instructed by the City to exclude piping connections to the new tank covers from the design
since the odor control system was no longer in use. The City staff has more recently informed
Jones Edmunds that the odor control system will be repaired and placed back into service. This
task includes work to design new odor control vents and connections to the new tank covers
which had been excluded in the original scope of work. The items to be completed under this
task include:
A. Revise drawings to reconnect odor control intake connections and provide piping
modifications to move air from under the sludge blending tank covers and convey it to
the existing odor control system.
B. Include OHSA tie-off points for harnesses on the tank covers.
Task 3.6 – Yard Piping Modifications – At the 60% design submittal, the City requested Jones
Edmunds incorporate bypass piping and valves for all flow meters on the project. The items to
be completed under this task include:
A. Incorporate bypass piping and valves for all magnetic flow meters (Total of 2) to allow
for maintenance and/or replacement of the meters.
Task 3.7 – Dewatering Modifications – The original scope of work included replacing the
dewatering feed pumps and integrating them into the existing control system. The City has
requested modifications to the controls to provide flexibility and redundancy in operating the
dewatering system (belt filter presses and centrifuge systems). The items to be completed under
this task include:
A. Revise piping at the dewatering feed pump station to allow for each pump to feed the
centrifuge or the belt filter presses as noted in 60% City drawing comments and
incorporate a flange to connect a temporary feed to mobile dewatering equipment.
B. Modify controls of the existing centrifuge and belt filter presses to account for pumping
configuration modifications and update the project documents.
WORK ORDER INITIATION FORM 3 of 7 Revised: 11/29/2017
C. Evaluate the design of the installation of lifting eyes or a crane and lift for removal of
dewatering feed pumps to a rear access location.
3. PROJECT GOALS:
Upgrade/refurbish the Northeast WRF Sludge Storage and Blending Tanks to allow biosolids to
be temporarily stored and pumped to the anaerobic digester over a 24-hour period to reduce
shock-loadings to the anaerobic digester; reduce foaming; and facilitate flexibility in biosolids
handling, processing, and disposal. Convey digested biosolids from the anaerobic digester to the
other Sludge Storage and Blending Tank (not used for primary and secondary sludge storage) or
directly to dewatering. Replace the existing suction header piping, valves, and dewatering feed
pumps and provide additional suction header piping and new sludge transfer pumps.
4. BUDGET:
See attachment B. This price includes all labor and expenses anticipated to be incurred by Jones
Edmunds & Associates, Inc. for the completion of these tasks in accordance with Professional
Services Method “A” – Cost Times Multiplier Basis for a fee not to exceed Thirty-Two Thousand
Five Hundred Dollars ($32,500).
Permit applications fees are not expected to be incurred for this work and thus not included.
5. SCHEDULE:
The project is estimated to be completed over a mutually agreed upon schedule following a
Notice to Proceed from City.
6. STAFF ASSIGNMENT:
The firm’s staff assignments to this project include:
Tom Friedrich, PE, BCEE Project Manager / Client Services Manager
Erin Hunt, PE Infrastructure Managing Director
Lisa Rhea, PE Senior QA/QC / Senior Project Engineer
Mike Clark, PE Senior Electrical Engineer – QA/QC
David Yonge, PhD, PE Task Manager / Project Engineer
Sean Menard, EI Engineer Intern
Gregg Fruecht Construction Administrator
Pete Hoenshelt, PE Electrical / I&C
John Sobczak, PE Structural
The City’s staff assignments to this project include:
Duy Nguyen Project Manager
Jeremy J. Brown, PE Utilities Engineering Manager
Jason Jennings Public Utilities Manager
WORK ORDER INITIATION FORM 4 of 7 Revised: 11/29/2017
Mike Flanigan Public Utilities Liaison
Randy Barnoski NE WRF Chief Operator
Richard G. Gardner, PE Public Utilities Assistant Director
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to Tom Friedrich, with copy to David
Yonge and Lisa Rhea.
All City project correspondence shall be directed to the Project Manager, with copies to the
Utilities Engineering Manager and Public Utilities Assistant Director.
ENGINEER shall provide a minimum of forty-eight (48) hours’ notice prior to conducting
fieldwork/site visits. ENGINEER shall provide a minimum of seven (7) days notification for site
visits requiring the assistance of City Operations and Maintenance personnel.
ENGINEER acknowledges that all City directives shall be provided by the City Project Manager.
In addition to the original copies delivered as stated in the scope of work, all project deliverables
will be submitted in electronic format on CD or other City approved device prior to approval of
final invoice.
8. INVOICING/FUNDING PROCEDURES:
For work performed, invoices shall be submitted monthly to the:
City of Clearwater, Engineering Department
Attention: Veronica Josef, Senior Staff Assistant
PO Box 4748
Clearwater, Florida 33758-4748.
Contingency services will be billed as incurred only after written authorization provided by the
City to proceed with those services.
City Invoicing Code: _3217321-561300-96215_.
9. INVOICING PROCEEDURES
At a minimum, in addition to the invoice amount(s) the following information shall be provided
on all invoices submitted on the Work Order:
A. Project Number, Purchase Order Number and Contract Amount.
B. The time period (begin and end date) covered by the invoice.
C. A short narrative summary of activities completed in the time period
D. Contract billing method – Lump Sum or Cost Times Multiplier
E. If Lump Sum, the percent completion, amount due, previous amount earned and total
earned to date for all tasks (direct costs, if any, shall be included in lump sum amount).
F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due,
previous amount earned, total earned to date for each task and other direct costs (receipts
WORK ORDER INITIATION FORM 5 of 7 Revised: 11/29/2017
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:
________________________ ________________________
Stanley F. Ferreira, Jr., PE D. Scott Rice, PE
President / Chief Executive Officer City Engineer
Jones Edmunds & Associates, Inc. City of Clearwater
___________________ ___________________
Date Date
Attachment “A”
WORK ORDER INITIATION FORM 6 of 7 Revised: 11/29/2017
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
WORK ORDER INITIATION FORM
CITY DELIVERABLES
1. FORMAT
The design plans shall be compiled utilizing the following methods:
1. City of Clearwater CAD standards.
2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical
Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of
measurement shall be the United States Foot. Any deviation from this datum will not be
accepted unless reviewed by City of Clearwater Engineering/Geographic Technology
Division.
2. DELIVERABLES
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless
approved otherwise. Upon completion the consultant shall deliver all drawing files in digital
format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files
are still acceptable, however the City or Clearwater is currently phasing out Land Desktop.
NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall
include all necessary information to aid in manipulating the drawings including either PCP, CTB
file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line
types or other attributes contained in the standard release of Autodesk, Inc. software. All block
references and references contained within the drawing file shall be included. Please address
any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address
Tom.Mahony@myClearwater.com.
All electronic files must be delivered upon completion of project or with 100% plan submittal to
City of Clearwater.
Attachment “B”
WORK ORDER INITIATION FORM 7 of 7 Revised: 11/29/2017
Northeast Water Reclamation Facility (WRF) Blend
Tank Improvements – Design and Bidding Phase
Services
Jones Edmunds & Associates, Inc.
City ID 14-0036-UT
WORK ORDER INITIATION FORM
PROJECT BUDGET
Task Description Subconsultant
Services
Labor Total
3.0 Supplemental Services
3.4 Addition of Grinder Systems $3,300 $5,300 $8,600
3.5 Tank Cover Odor Control Piping Revisions $0 $2,000 $2,000
3.6 Yard Piping Modifications $0 $5,600 $5,600
3.7 Dewatering Feed Pump Modifications $11,600 $4,700 $16,300
Supplemental Services Total $32,500
SR 580 N McMULLEN BOOTH RD RIGSBY LN MEADOW OAK DR EDANIEL ST LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM DN N.T.S.201 A 21-28s -16 e11/08/2018Map Gen B y:Reviewed By:S-T-R:Grid #:Date:Scale:
Northeast Water Reclamation Facility (NE WRF)Blend Tank Improvements (Project #14-0036-UT)
Path: V:\GIS\Engineering\Location Maps\14-0036-UT NE WRF Blend Tank Improvements.mxd
Legend
NE WRF
PROJECT AREA
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5412
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.10
SUBJECT/RECOMMENDATION:
Accept a Sidewalk Easement over a portion of Lot 1, Block G, of Avondale Subdivision,
conveyed to the City by the Property Owner. (consent)
SUMMARY:
Habitat for Humanity of Pinellas County, Inc. acquired the subject property on January 6, 2017.
This Sidewalk Easement will allow the construction of a sidewalk as Habitat for Humanity
develops this site for a single family use .
Page 1 City of Clearwater Printed on 12/6/2018
Return to:
Rob Brzak
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of
which is hereby acknowledged, and the benefits to be derived therefrom,Habitat for Humanity of Pinellas
County Inc.,a Florida not-for-profit Corporation, whose mailing address is 13355 49th Street North,
Clearwater, FL 33762 (“Grantor”), does hereby grant and convey to the City of Clearwater, Florida, a
Florida Municipal Corporation, whose mailing address is 112 South Osceola Avenue, Clearwater,
Florida 33756 (“Grantee”),its licensees, agents, successors and assigns a non-exclusive easement over,
under, across and through the following described land lying and being situate in the County of Pinellas,
State of Florida, to wit:
See Exhibit “A” appended hereto and by this reference made a part hereof (“Easement
Premises”)
This easement is for public sidewalk installation, repair and maintenance. The CITY OF
CLEARWATER, FLORIDA,shall have the right to enter upon the above-described premises and to
maintain thereon such sidewalk and to inspect and alter and/or replace same from time to time. Grantee
shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the
rights granted herein.
The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall promptly
restore the Easement Premises and any affected areas surrounding the Easement Premises upon
completion of any work activities undertaken in the exercise of these rights to at least the same quality of
condition that existed as of the date Grantee first exercised any of its rights hereunder, and on each and
every succeeding occasion thereafter. Grantee further represents and warrants that it shall diligently pursue
the completion of all work activities in a timely manner.
The GENERAL PUBLIC shall have full and free use of said sidewalk at any time and all times
for traveling purposes.
Grantor warrants and covenants with Grantee that Grantor is the owner of fee simple title to the
herein described Easement Premises, and that Grantor has full right and lawful authority to grant and
convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and
peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves
all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein.
In the event Grantor, its successors or assigns, should ever determine it necessary to relocate
Grantee’s sidewalk constructed within the Easement Premises to facilitate further development or
redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation
with and upon approval of Grantee, shall provide an alternate easement for the sidewalk constructed within
the Easement Premises, and shall at Grantor’s sole cost and expense reconstruct the sidewalk within the
alternate easement. Upon completion of the sidewalk relocation Grantee shall cause this easement to be
vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida.
SIDEWALK EASEMENT
This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The
rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written
mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee.
IN WITNESS WHEREOF,the undersigned grantor has caused these presents to be duly executed
this ______ day of ________________________, 2018.
Signed, sealed and delivered
in the presence of: Habitat for Humanity of Pinellas County
Inc., Grantor
_________________________________ _________________________________
Witness signature Michael Sutton, CEO
_________________________________
Print witness name
_________________________________
Witness signature
_________________________________
Print witness name
STATE OF FLORIDA :
: ss
COUNTY OF PINELLAS :
Before me, the undersigned authority, personally appeared Michael Sutton, as CEO of Habitat for
Humanity of Pinellas County Inc., who executed the foregoing instrument, and who acknowledged the
execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and
who [ ] is personally known to me, or who [ ] did produce __________________________as
identification.
________________________________________ My commission expires:
Notary Public - State of Florida
________________________________________
Type/Print Name
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA :
: ss
COUNTY OF PINELLAS :
BEFORE ME, the undersigned authority, personally appeared Michael Sutton, as CEO of
Habitat for Humanity of Pinellas County Inc., whom, being duly authorized does depose
and say:
1.That aforesaid party is the owner of legal and equitable title to the following described
property in Pinellas County, Florida, to wit:
See Exhibit A appended hereto and by this reference made a part hereof
2.That there has been no labor performed or materials furnished on said property for which
there are unpaid bills for labor or materials against said property, other than those which
will be paid during the normal course of business, except: (list, or if none, insert “NONE”.
If no entry, it will be deemed that “NONE”has been entered.)
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_____________________________________________________________________
3.That there are no liens or encumbrances of any nature affecting the title of the property
herein described, except easements and restrictions of record, any encroachments,
overlaps or other rights of third parties which would be shown by a current survey, except:
(list, or if none, insert “NONE.” If no entry, it will be deemed that “NONE”has been
entered.)
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_____________________________________________________________________
4.That no written notice has been received for any public hearing regarding assessments
for improvements by any government, and there are no unpaid assessments against the
above described property for improvements thereto by any government, whether or not
said assessments appear of record.
5.That there are no outstanding sewer service charges or assessments payable to any
government.
6.That the representations embraced herein have been requested by the CITY OF
CLEARWATER, its agents, successors and assigns to rely thereon in connection with the
granting of the easement herein being conveyed to encumber the above-described
property.
Signed, sealed and delivered
in the presence of: Habitat for Humanity of Pinellas County
Inc., Grantor
_________________________________ _________________________________
Witness signature Michael Sutton, CEO
_________________________________
Print witness name
_________________________________
Witness signature
_________________________________
Print witness name
STATE OF FLORIDA :
: ss
COUNTY OF PINELLAS :
Before me, the undersigned authority, personally appeared Michael Sutton, as CEO of Habitat for
Humanity of Pinellas County Inc., who executed the foregoing instrument, and who acknowledged the
execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and
who [ ] is personally known to me, or who [ ] did produce __________________________as
identification.
________________________________________ My commission expires:
Notary Public - State of Florida
________________________________________
Type/Print Name
FULTON AVENUE60' R/WBECKETT STREET
(GILBERT STREET PER PLAT)
60' R/W
Lot 2
Lot 14 Lot 13
Avondale
Plat Book 7, Page 40
Avondale
Plat Book 7, Page 40
Block "F"
Block "G"
Lot 3 Lot 4Lot 1
8'
A Sidewalk Easement described as follows:
The North 8 feet of Lot 1, Block G, "Avondale" as recorded in Plat Book 7, Page 40, of the Public Records
of Pinellas County, Florida.
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY CHECKED BY
DATE DRAWN
SEC-TWNSP-RNG
DWG. NO.SHEET
OFExhibit "A"
Sidewalk Easement of
Lot 1, Block G of the Avondale PlatLee Cheek 9/27/18
Lgl_2018-07 1 1
10 29 15
Legal Description
9069099159088048031602 10051630
1606
1610
1628 1625
1631
1
0
0
1
1614
1618
1622
FULTON AVE FAIRMONT ST
BECKETT ST 9039071011AERIAL MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com WD N.T.S.269A 10-29s-15e11/9/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
903 Beckett St
Document Path: V:\GIS\Engineering\Location Maps\903 Beckett St.mxd
RB
8'
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5438
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.11
SUBJECT/RECOMMENDATION:
Approve construction contract with Lovin Construction, Inc., in the amount of $464,169.20, for
the construction of a culvert on Cooper’s Point Channel at Damascus Road and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The existing pipes under Damascus Road were identified as a chokepoint in the Cooper’s Point
Master Plan. This project replaces those pipes with a large box culvert.
The project was determined to be impractical to bid based upon required coordination with the
construction of Nova Southeastern University by the contractor currently on-site, the University
planned critical opening date, and conflicts associated with two contractors managed by
different owners working on the same site simultaneously.
The University will begin making improvements to Damascus Road after the first of the year.
The culvert will be constructed at that time, prior to enhancements to the rest of the channel.
APPROPRIATION CODE AND AMOUNT:
ENST180005-CONS-CNSTRC $464,169.20
Funds are available in capital improvement project ENST180005, Coastal Basins, to fund this
contract.
Page 1 City of Clearwater Printed on 12/6/2018
ITEM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
SCHEDULE OF VALUES
for the construction of
DRKCOM DAMASCUS RD ENTRANCE CULVERT
Description Unit
MOBILIZATION LS
DEMOLITION OF EXISTING ROADWAY, PIPE AND HEADWALLS (LIMITS OF CULVERT ONLY)LS
SUBSOIL EXCAVATION LDS
REGULAR EXCAVATION LDS
EMBANKMENT LDS
CAST IN PLACE BOX CULVERT 75' OF A SINGLE 15 ' X 7.2' LS
RIP RAP (BEDDING STONE) 1' THICK TN
RIP RAP (DITCH LINING) 18" THICK TN
FDOT INDEX 862 ALUMINUM HANDRAIL MILL FINISH TYPE 1 LF
BARRIER WALL FDOT INDEX 521-001 MOUNTED TO CULVERT HEADWALL LF
BOND PAYMENT & PERFORMANCE 2% LS
SUBTOTAL
10% CONTINGENCY LS
GRAND TOTAL
Quantity Unit Price Amount
1 10,000.00$ 10,000.00$
1 4,330.00$ 4,330.00$
32 514.00$ 16,448.00$
32 191.00$ 6,112.00$
53 600.00$ 31,800.00$
1 314,523.00$ 314,523.00$
45 166.00$ 7,470.00$
67 125.00$ 8,375.00$
80 75.00$ 6,000.00$
36 240.00$ 8,640.00$
1 8,274.00$ 8,274.00$
339,038.00$ 421,972.00$
1 42,197.20$ 42,197.20$
464,169.20$
Barry Roberts Inc. DBA Lovin Construction
6204 33rd St. E.
Bradenton, FL 34203
34003350340133413390DAMASCUS RD C O U R T N E Y C A M P B E L L C S W Y
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM S_K N.T.S.292 B 15-29s -16 e11/19/2018Map Gen B y:Reviewed By:S-T-R:Grid #:Date:Scale:
Cooper’s Point Channel Culvert(Project #18-0056 EN)
Path: V:\GIS\Engineering\Location Maps\Cooper's Point Channel Culvert_18-0056 EN.mxd
T A M P A
B A Y
C O O P E R 'S
B A Y O U
PROJECTLOCATION
SECTION V Page i Updated: 10/12/2018
SECTION V
CONTRACT DOCUMENTS
Table of Contents
PUBLIC CONSTRUCTION BOND ......................................................................................................... 1
CONTRACT ................................................................................................................................................ 3
CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 7
PROPOSAL/BID BOND ............................................................................................................................ 8
AFFIDAVIT ................................................................................................................................................ 9
NON COLLUSION AFFIDAVIT............................................................................................................ 10
PROPOSAL ............................................................................................................................................... 11
CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 13
BIDDER’S PROPOSAL ........................................................................................................................... 14
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA
CERTIFICATION FORM ....................................................................................................................... 15
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 16
SECTION V – Contract Documents
SECTION V Page 1 of 16 Updated: 10/12/2018
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
Barry Roberts, Inc.
DBA Lovin Construction
6204 33rd St. E.
Bradenton, FL 34203
941-755-6312
[name]
[principal business address]
[phone number]
City of Clearwater
Engineering Dept.
100 S. Myrtle Avenue
Clearwater, FL 33756
(727) 562-4747
PROJECT NAME: Cooper’s Point Channel Culvert
PROJECT NO.: 18-0056-EN
PROJECT DESCRIPTION: This project is construction of 75 feet of box culvert at the Cooper’s Point Channel on the
road into Nova Southeastern University. Construction is occurring at this time because the university is making
improvements to their access road. This culvert is part of a master plan to improve water quality in Cooper’s Bayou and
Old Tampa Bay.
BY THIS BOND, We, __________________________________, as Contractor, and
__________________________________________________, a corporation, as Surety, are bound to the City of
Clearwater, Florida, herein called Owner, in the sum of $ 464,169.20 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 Cooper’s
Point Channel Culvert Project 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
SECTION V – Contract Documents
SECTION V Page 2 of 16 Updated: 10/12/2018
Bond No.:________________
PUBLIC CONSTRUCTION BOND
(2)
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
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).
Barry Roberts Inc. DBA Lovin Construction
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)
SECTION V – Contract Documents
SECTION V Page 3 of 16 Updated: 10/12/2018
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 Barry Roberts, Inc. DBA Lovin Construction,
of the City of Bradenton, County of Manatee and State of Florida, hereinafter designated as the "Contractor".
[Or, if out of state:]
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 _____________________________________,
a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of
____________________ County of __________________________ and State of ____________, 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: Cooper’s Point Channel Culvert
PROJECT NO.: 18-0056-EN
in the amount of $ 464,169.20
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.
SECTION V – Contract Documents
SECTION V Page 4 of 16 Updated: 10/12/2018
CONTRACT
(2)
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).
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.
SECTION V – Contract Documents
SECTION V Page 5 of 16 Updated: 10/12/2018
CONTRACT
(3)
In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply
with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092,
Rosemarie.Call@myclearwater.com,
112 S. Osceola Ave., Clearwater, FL 33756
The contractor’s agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform
the service being provided by the contractor hereunder.
b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does
not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as
otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to the public agency.
d) Upon completion of the contract , transfer, at no cost, to the public agency all public records in possession of
the contractor or keep and maintain public records required by the public agency to perform the service. If
the contractor transfers all public records to the public agency upon completion of the contract, the contractor
shall destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon completion of the
contract, the contractor shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency’s custodian of public
records, in a format that is compatible with the information technology systems of the public agency.
e) A request to inspect or copy public records relating to a public agency’s contract for services must be made
directly to the public agency. If the public agency does not possess the requested records, the public agency
shall immediately notify the contractor of the request and the contractor must provide the records to the public
agency or allow the records to be inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s
request for records, the public agency shall enforce the contract provisions in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a reasonable time may be
subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s
contract for services, the court shall assess and award against the contractor the reasonable costs of
enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the public records request
within a reasonable time; and
CONTRACT
(4)
2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records
request, including a statement that the contractor has not complied with the request, to the public agency
and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to
the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s
SECTION V – Contract Documents
SECTION V Page 6 of 16 Updated: 10/12/2018
registered agent. Such notices must be sent by common carrier delivery service or by registered, Global
Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of
delivery, which may be in an electronic format.
j) A contractor who complies with a public records request within 8 business days after the notice is sent is not
liable for the reasonable costs of enforcement.
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 __________________________________________
Owen Kohler
Assistant City Attorney
Contractor must indicate whether:
______ Corporation, ______ Partnership, ______ Company, or ______ Individual
__________________________________________
(Contractor)
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 – provide Affidavit.
SECTION V – Contract Documents
SECTION V Page 7 of 16 Updated: 10/12/2018
CONSENT OF SURETY TO FINAL PAYMENT
TO OWNER: City of Clearwater PROJECT NAME: Cooper’s Point Channel Culvert
Engineering Dept. PROJECT NO.: 18-0056-EN
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: [__________]
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:
[insert name of Surety]
[address]
[address] ,SURETY,
on bond of
Barry Roberts Inc. DBA Lovin Construction
6204 33rd St. E.
Bradenton, FL 34203 ,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 Dept.
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):
SECTION V – Contract Documents
SECTION V Page 8 of 16 Updated: 10/12/2018
PROPOSAL/BID BOND
(Not to be filled out if a certified check is submitted)
KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned, ______________________
__________________________________ as Contractor, and _____________________________
______________________________ as Surety, whose address is ___________________________
____________________________________________________, are held and firmly bound unto the City of Clearwater,
Florida, in the sum of ___________________________________________ Dollars ($_______________) (being a
minimum of 10% of Contractor's total bid amount) for the payment of which, well and truly to be made, we hereby jointly
and severally bind ourselves, our heirs, executors, administrators, successors and assigns.
The condition of the above obligation is such that if the attached Proposal of ______________________
____________________ as Contractor, and _______________________________________ as Surety, for work specified
as: _____________________________________________________________
____________________________________________________________________________________ all as stipulated
in said Proposal, by doing all work incidental thereto, in accordance with the plans and specifications provided herefor, all
within Pinellas County, is accepted and the contract awarded to the above named bidder, and the said bidder shall within
ten days after notice of said award enter into a contract, in writing, and furnish the required Public Construction Bond
with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shall be in
full force and virtue by law and the full amount of this Proposal/Bid Bond will be paid to the City as stipulated or
liquidated damages.
Principal must indicate whether:
______ Corporation, ______ Partnership, ______ Company, or ______ Individual
Signed this ______ day of ____________________, 20____.
__________________________________________
Contractor
__________________________________________
Principal
By: _______________________________________
Title
__________________________________________
__________________________________________
Surety
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 – provide Affidavit.
SECTION V – Contract Documents
SECTION V Page 9 of 16 Updated: 10/12/2018
AFFIDAVIT
(To be filled in and executed if the bidder is a corporation)
STATE OF FLORIDA )
COUNTY OF _______________)
_________________________________________, being duly sworn, deposes and says that he/she is Secretary of
__________________________________________________________________________ a corporation organized and
existing under and by virtue of the laws of the State of Florida, and having its principal office at:
____________________________________ _________________ ________________ ______
(Street & Number) (City) (County) (State)
Affiant further says that he is familiar with the records, minute books and by-laws of
_________________________________________________________________________________
(Name of Corporation)
Affiant further says that ____________________________ is ______________________________
(Officer's Name) (Title)
of the corporation, is duly authorized to sign the Proposal for _______________________________
or said corporation by virtue of ______________________________________________________
(state whether a provision of by laws or a Resolution of
Board of Directors. If by Resolution give date of adoption).
_________________________________________
__________________________________________
Affiant
Sworn to before me this ______ day of ______________________, 20____.
___________________________________
Notary Public
___________________________________
Type/print/stamp name of Notary
___________________________________
Title or rank, and Serial No., if any
SECTION V – Contract Documents
SECTION V Page 10 of 16 Updated: 10/12/2018
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF _______________)
_______________________________________ being, first duly sworn, deposes and says that he is
_________________________________ of ___________________________________________,
the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that said bidder is not
financially interested in or otherwise affiliated in a business way with any other bidder on the same contract; that said
bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidders or person, to put in a sham
bid or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly, sought by
agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or any other
bidder, or to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any
advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed contract; and that all
statements contained in said proposal or bid are true; and further, that such bidder has not directly or indirectly submitted
this bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member or
agent thereof.
____________________________________
Affiant
Sworn to and subscribed before me this _______ day of _____________________________, 20____.
____________________________________
Notary Public
SECTION V – Contract Documents
SECTION V Page 11 of 16 Updated: 10/12/2018
PROPOSAL
(1)
TO THE CITY OF CLEARWATER, FLORIDA, for
Cooper’s Point Channel Culvert (Project # 18-0056-EN)
and doing such other work incidental thereto, all in accordance with the contract documents, marked
Cooper’s Point Channel Culvert (Project # 18-0056-EN)
Every bidder must take notice of the fact that even though his proposal be accepted and the documents signed by the
bidder to whom an award is made and by those officials authorized to do so on behalf of the City of Clearwater, Florida,
that no such award or signing shall be considered a binding contract without a certificate from the Finance Director that
funds are available to cover the cost of the work to be done, or without the approval of the City Attorney as to the form
and legality of the contract and all the pertinent documents relating thereto having been approved by said City Attorney;
and such bidder is hereby charged with this notice.
The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this
Proposal, are named in this Proposal, that he has carefully examined the Advertisement, Instructions to Bidders, Contract
Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions, and Public Construction
Bond, that he or his representative has made such investigation as is necessary to determine the character and extent of the
work and he proposes and agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in
the form of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus,
do all the work required to complete the contract within the time mentioned in the General Conditions and according to
the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety
bonds for the following prices to wit:
If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall fail to execute a
satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option determine that the
undersigned has abandoned the contract, and thereupon this Proposal shall be null and void, and the certified check or
bond accompanying this Proposal, shall be forfeited to become the property of the City of Clearwater, Florida, and the full
amount of said check shall be retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be
paid to the City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this Proposal, or
the amount of said check, shall be returned to the undersigned as specified herein.
SECTION V – Contract Documents
SECTION V Page 12 of 16 Updated: 10/12/2018
PROPOSAL
(2)
Attached hereto is a bond or certified check on __________________________________________
____________________________________ Bank, for the sum of __________________________
______________________________________________________________ ($_________________) (being a minimum
of 10% of Contractor's total bid amount).
The full names and residences of all persons and parties interested in the foregoing bid are as follows:
(If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the names and
addresses of the members or partners. The Bidder shall list not only his name but also the name of any person with whom
bidder has any type of agreement whereby such person's improvements, enrichment, employment or possible benefit,
whether sub-contractor, materialman, agent, supplier, or employer is contingent upon the award of the contract to the
bidder).
NAMES: ADDRESSES:
________________________________________ _________________________________________
________________________________________ _________________________________________
________________________________________ _________________________________________
________________________________________ _________________________________________
Signature of Bidder: ____________________________
The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title. Where the person
signing for a corporation is other than the President or Vice President, he must, by affidavit, show his authority, to bind
the corporation.
Principal: ___________________________________________________________________________
By: ___________________________________ Title: _____________________________________
Company Legal Name: _______________________________________________________________
Doing Business As (if different than above): _______________________________________________
Business Address of Bidder: ____________________________________________________________
City and State: _________________________________________________ Zip Code _______________
Phone: ________________________ Email Address: ________________________________________
Dated at ___________________________, this ______ day of _______________________, A.D., 20__.
SECTION V – Contract Documents
SECTION V Page 13 of 16 Updated: 10/12/2018
CITY OF CLEARWATER
ADDENDUM SHEET
PROJECT: Cooper’s Point Channel Culvert (Project # 18-0056-EN)
Acknowledgment is hereby made of the following addenda received since issuance of Plans and Specifications.
Addendum No. _____ Date: _____________
Addendum No. _____ Date: _____________
Addendum No. _____ Date: _____________
Addendum No. _____ Date: _____________
Addendum No. _____ Date: _____________
Addendum No. _____ Date: _____________
Addendum No. _____ Date: _____________
Addendum No. _____ Date: _____________
Addendum No. _____ Date: _____________
Addendum No. _____ Date: _____________
Addendum No. _____ Date: _____________
____________________________________
(Name of Bidder)
____________________________________
(Signature of Officer)
____________________________________
(Title of Officer)
____________________________________
(Date)
SECTION V – Contract Documents
SECTION V Page 14 of 16 Updated: 10/12/2018
BIDDER’S PROPOSAL
PROJECT: Cooper’s Point Channel Culvert (Project # 18-0056-EN)
__________________________________________________________________________________
CONTRACTOR: __Barry Roberts Inc. DBA Lovin Construction______________________________
BIDDER'S GRAND TOTAL: $________464,169.20__________________________________ (Numbers)
BIDDER'S GRAND TOTAL: ______Four Hundred Sixty Four Thousand and One Hundred
Sixty Nine Dollars and Twenty Cents___________________________________________________(Words)
THE BIDDER'S GRAND TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP
SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED FOR EACH SECTION. THIS FIGURE IS
FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE
TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE
TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE
SHALL GOVERN.
SCHEDULE OF VALUES
for the construction of
DRKCOM DAMASCUS RD ENTRANCE CULVERT
Description Unit Quantity Unit Price Amount
1 MOBILIZATION LS 1 10,000.00$ 10,000.00$
2 DEMOLITION OF EXISTING ROADWAY, PIPE AND HEADWALLS (LIMITS OF CULVERT ONLY)LS 1 4,330.00$ 4,330.00$
3 SUBSOIL EXCAVATION LDS 32 514.00$ 16,448.00$
4 REGULAR EXCAVATION LDS 32 191.00$ 6,112.00$
5 EMBANKMENT LDS 53 600.00$ 31,800.00$
6 CAST IN PLACE BOX CULVERT 75' OF A SINGLE 15 ' X 7.2' LS 1 314,523.00$ 314,523.00$
7 RIP RAP (BEDDING STONE) 1' THICK TN 45 166.00$ 7,470.00$
8 RIP RAP (DITCH LINING) 18" THICK TN 67 125.00$ 8,375.00$
9 FDOT INDEX 862 ALUMINUM HANDRAIL MILL FINISH TYPE 1 LF 80 75.00$ 6,000.00$
10 BARRIER WALL FDOT INDEX 521-001 MOUNTED TO CULVERT HEADWALL LF 36 240.00$ 8,640.00$
11 BOND PAYMENT & PERFORMANCE 2% LS 1 8,274.00$ 8,274.00$
12 SUBTOTAL 339,038.00$ 421,972.00$
13 10% CONTINGENCY LS 1 42,197.20$ 42,197.20$
14 GRAND TOTAL 464,169.20$
Barry Roberts Inc. DBA Lovin Construction
6204 33rd St. E.
Bradenton, FL 34203
SECTION V – Contract Documents
SECTION V Page 15 of 16 Updated: 10/12/2018
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND
SYRIA CERTIFICATION FORM
PER SECTION III, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND
SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM
YOUR SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section
287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in
Cuba and Syria; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation
and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and
3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in
Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing
or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment,
or any other apparatus of business or commerce; and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner
will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its
principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Sector List, or engages in business operations in Cuba and Syria.
__________________________________________
Authorized Signature
__________________________________________
Printed Name
__________________________________________
Title
__________________________________________
Name of Entity/Corporation
STATE OF _____________________
COUNTY OF ___________________
The foregoing instrument was acknowledged before me on this ______ day of _____________________, 20____, by
_________________________________ (name of person whose signature is being notarized) as the
________________________ (title) of ________________________________________ (name of corporation/entity),
personally known to me as described herein _____________________, or produced a _________________________
(type of identification) as identification, and who did/did not take an oath.
_______________________________________
Notary Public
____________________________________
Printed Name
My Commission Expires: __________________
NOTARY SEAL ABOVE
SECTION V – Contract Documents
SECTION V Page 16 of 16 Updated: 10/12/2018
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION
FORM
PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID
PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL
NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section
287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a
boycott of Israel; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation
and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and
3. “Boycott Israel” or “boycott of Israel” means refusing to deal, terminating business activities, or taking other actions
to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled
territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that
it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of,
calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner
will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its
principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel.
__________________________________________
Authorized Signature
__________________________________________
Printed Name
__________________________________________
Title
__________________________________________
Name of Entity/Corporation
STATE OF _____________________
COUNTY OF ___________________
The foregoing instrument was acknowledged before me on this ______ day of _____________________, 20____, by
_________________________________ (name of person whose signature is being notarized) as the
________________________ (title) of ________________________________________ (name of corporation/entity),
personally known to me as described herein _____________________, or produced a _________________________
(type of identification) as identification, and who did/did not take an oath.
_______________________________________
Notary Public
____________________________________
Printed Name
My Commission Expires: __________________
NOTARY SEAL ABOVE
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5312
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Information Technology
Agenda Number: 7.12
SUBJECT/RECOMMENDATION:
Approve Construction Manager at Risk (CMR) proposal from Biltmore Construction Company
Inc., of Belleair, Florida, in the amount of $1,903,854 for the construction of the Emergency
Operations (EOC) Data Center at Fire Station 48 (17-0013-FI) and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
August 4, 2016, City Council approved the use of Construction Manager at Risk Services
(CMR) for Continuing Contracts Biltmore Construction Co., Inc. of Belleair, FL; Cathey
Construction and Development, LLC of Mexico Beach, FL; Certus Builders, Inc. of Tampa, FL;
J. Kokolakis Contracting, Inc. of Tarpons Springs, FL; J.O. Delotto & Sons, Inc. of Tampa, FL;
Keystone Excavators, Inc. of Oldsmar, FL; Khors Construction, Inc. of Thonotosassa, FL; and
Wharton-Smith, Inc. of Sanford, FL for a period of four years.
These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under
Request for Qualifications 24-16 based upon construction experience, financial capability,
availability of qualified staff, local knowledge and involvement in the community.
The City of Clearwater recognized a need for a facility that would reliably meet the principles of
emergency management and preparedness. To meet this goal, the IT Department proposes to
construct a new Data Center to support the EOC at Fire station 48, selected because of its
central location and category 5 hurricane rating.
The proposed project is to c onstruct a 3,339 sq. ft., one-story, EOC Data Center on the Fire
Station 48 site. Site work will include limited asphalt removal, building pad preparation and
restoration of disturbed areas. A roofed passageway will connect the existing training building to
the proposed EOC Data Center.
Construction duration is 270 calendar days from issuance of Notice to Proceed.
APPROPRIATION CODE AND AMOUNT:
3157519-563600-94888 $1,903,854
Funding is available in Capital Improvement Project 94888, City EOC and Disaster Expansion,
to fund the proposal.
Page 1 City of Clearwater Printed on 12/6/2018
Emergency Operations Data
Center At Fire Station #48
Guaranteed Maximum Price
Proposal October 30, 2018
1055 Ponce de Leon Boulevard Belleair, Florida 33756 Ph: 727.585.2084 Fax: 727.585.2088
October 30, 2018
TO: Jenelle Ostrowski, P.E.
City of Clearwater – Engineering Department
100 S. Myrtle Ave., Suite 200
Clearwater, FL 33756
RE: EMERGENCY OPERATIONS DATA CENTER (EOC) AT FIRE STATION #48 and CITY OF CLEARWATER
ENGINEERING DEPARTMENT PROJECT NUMBER
17-0013-FI
As requested, enclosed is the proposal for construction/demolition of the Emergency Operations
Data Center (EOC) at Fire Station #48 submitted in accordance with technical
specs/plans/clarifications of the scope of work for a Guaranteed Maximum Price of $1,903,854.00.
Project Duration shall be 270 calendar days from the date of the Notice to Proceed.
City of Clearwater
Emergency Operations Data Center at Fire Station #48
Guaranteed Maximum Price (GMP) Proposal
October 30, 2018
BCC Project #990 Page 3
PROJECT SUMMARY
Emergency Operations Data Center at Fire Station #48
1700 North Belcher Road
Clearwater, Florida
Construction of a stand‐alone 3,339 gross square foot, one‐story, cast‐in‐place concrete, masonry and
structural stud truss building on the site of City of Clearwater Fire Station 48 located at 1700 North
Belcher Road, Clearwater, Florida.
The new building and connecting structure are to be constructed in accordance with the 2017, 6th
Edition of the Florida Building Code, the Fire Prevention, 5th Edition Code and in accordance with
Construction Documents enumerated herein as prepared by Alex Plisko Architecture, PA, AIA.
Project includes minimal selective demolition in the existing Training Building to create a new corridor
that will connect it to the new building. Site work is limited to removal of asphalt, preparation of the
building pad and restoration of areas disturbed by construction activities. New facility to have metal
stud/gypsum board walls, stucco exterior, standing seam roof, access flooring, acoustical ceilings, stand‐
alone HVAC system, clean agent fire suppression system, power, lighting and emergency generator.
There are no toilet rooms.
Emergency Operations Data Center at Fire Station #48
Itemized Description of the Trade Work Base GMP Amount
Division 2-Site Construction $64,423.00
Division 3-Concrete $74,436.00
Division 4-Masonry $61,338.00
Division 5-Metals $106,495.00
Division 6-Wood and Plastics $5,000.00
Division 7-Thermal and Moisture Protection $91,300.00
Division 8- Doors and Windows $26,800.00
Division 9- Finishes $191,405.00
Division 10- Specialties $3,000.00
Division 11-Equipment $0.00
Division 12-Furnishings $0.00
Division 13- Special Construction $0.00
Division 14- Conveying Systems $0.00
Division 15- Mechanical $289,426.00
Division 16-Electrical $330,000.00
Subtotal Subcontractor Direct Costs $1,243,623.00
Liability Insurance $20,588.00
Performance and Payment Bond $18,716.00
Builder's Risk Insurance By Owner
Subtotal Bond & Insurance $39,304.00
Survey Allowance $4,000.00
Temporary Utility Consumption Costs Allowance $5,000.00
Material Testing Allowance $7,240.00
Dewatering Allowance $5,000.00
General Requirements/Conditions/Staffing $336,706.00
Project Contingency (10% of SDC)$125,000.00
Preconstruction Services $16,000.00
Overhead & Profit (6% of $1,770,873.00 )$105,952.00
Alternate # 1-Lightning Protection $12,782.00
Alternate # 2-Wall Insulation $3,247.00
Subtotal $620,927.00
TOTAL GUARANTEED MAXIMUM PRICE $1,903,854.00
Alternate # 3-Electrical Floor Boxes -$2,228.00
Alternate # 4-Aluminum Acoustical Ceiling Grid $2,000.00
PROJECTLOCATION
F.S. 48
N BELCHER RD N HERCULES AVE SUNSET POINT RD
PALMETTO ST
RANGE RD N OLD COACHMAN RDCALUMET ST
SUNNYDALE BLVD KAPP DR LOGAN ST SUNSHINE DR ALBRIGHT DR MA NOR BLVD N
S L A G O O N CIRSTETSON DR 5th ST
8th ST
6th ST
GENTRY ST 4th ST VERDE DR RAGLAND AVE W MANOR AVE ELMHURST DR GLENVILLE DR A L L IG ATORCREEKRD
SUNSET GROVE LN
7th ST
WEAVER PARK DR NE COACHMAN RD 9th ST ASBURY DR CAMPBELL RD
GRAND AV E
VANDERBILT DR RANGE AVE BELMONT DR ELEE RD EAS T C TWESTCT
CALUMET ST
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com N.T.S.Scale:
Emergency Operations Center (EOC)at Fire Station #481700 N Belcher Rd.Contract #17-0013-FI
Path: V:\GIS\Engineering\Location Maps\EOC Fire Station#48.mxd
01-29s-15eS-T-R:JMOReviewed By:WDMap Gen By:262BGrid #:10/24/2018Date:
C.S.X. RAILROAD
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5452
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Marine & Aviation
Agenda Number: 7.13
SUBJECT/RECOMMENDATION:
Approve a reimbursement grant of $50,000 to the U.S. Coast Guard Auxiliary BE SAFE Inc. for
parking lot improvements and authorize the appropriate officials to execute same. (consent)
SUMMARY:
At the City Council work session on November 13, 2018, council discussed a funding request
from the U.S. Coast Guard Auxiliary BE SAFE Inc. and requested a one-time reimbursement
grant be brought back for approval. Approval is requested for a support reimbursement grant to
BE SAFE Inc., a 501(c)(3) charitable corportation, in the amount of $50,000.00 for parking lot
improvements associated with their facility located at 510 N. Ft Harrison Avenue.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will allocate $50,000 from General Fund reserves to
Non-Departmental cost code 0107010-581000 (Payment to Agencies) to fund this agreement.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a first quarter budget amendment allocating
General Fund reserves in the amount of $50,000 to Non-Departmental cost code
0107010-581000. A net total of $752,375 of General Fund reserves has been used to date to
fund expenditures in the 2018/19 operating budget. The remaining balance in General Fund
reserves after the 8.5% reserve is approximately $8.9 million, or 6.0% of the current General
Fund operating budget.
Page 1 City of Clearwater Printed on 12/6/2018
BE SAFE, Inc. Clearwater, Florida
Dedicated to Boating Safety and Protection of the Environment
Use of the BE SAFE Offices and Education Facilities
The primary use will be as a classroom for various boating safety programs
both for the public and Coast Guard Auxiliary members.
• Public education will include the following classes: About Boating Safely, GPS and
Chart Reading, Navigation, Sailing Skills and Seamanship.
• Education and boating qualifications training will include classes in: operations
specialty courses, procedures courses, boat crew, coxswains or captains, Incident
Command System, instructors, marine safety, telecommunications, vessel
examinations, and marine environmental protection.
• Partner Meetings: As needed from time to time.
• Communication center when boating safety Partners are on the water.
• Storage of educational, operational, and other materials.
• There will be other incidental uses; however, there will not be regular, daily hours
of operation.
BE SAFE, Inc. is a tax-exempt 501(c)(3) charitable corporation chartered to facilitate
the acquisition and provision of resources for boating safety in Clearwater and Pinellas
County Florida.
Funding Required for BE SAFE Headquarters and Education Center
• Parking
o Civil Engineering Study of Empty Lot — $30,000.
o Construction — ?????
• Roof — renew, repair or replace - $15,000
• HV/AC – renew, repair or replace - $60,000
"A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE
OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE
WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL,
OR RECOMMENDATION BY THE STATE."
Florida Department of Agriculture Consumer Services Registration Number: CH47707
@BCL@E80DA32C
BE SAFE Inc. Support Grant
MEMORANDUM OF UNDERSTANDING
This Partnership and Support Grant Agreement is made and entered into between the
City of Clearwater,whose address is:Attn:Marine & Aviation Director,25 Causeway Blvd,
Clearwater,FL 33756,("City''),and BE SAFE Inc.,whose address is:510 N. Ft Harrison,
Clearwater,FL 33755 ("Organization'').
WHEREAS,Clearwater is a designated Coast Guard City , and it is desirable and
socially responsible to provide assistance to the promotion of safe boating education;and
WHEREAS,the Organization provides safe boating courses for one of the largest recreational
activities in Clearwater with a focus on keeping our waterways safe;and
WHEREAS,the City desires to provide support to the Organization to assist in the
rehabilitation of the ("Property'')located at 510 N.Ft.Harrison Avenue,Clearwater,FL
33755,which is used as training classrooms and meeting space;and
NOW,THEREFORE, the parties agree as follows:
ARTICLE I.TERM
1.Term: The term of this agreement is a onetime reimbursable grant in the amount of
$50,000.00 (fifty thousand dollars).
ARTICLE II.RESPONSIBILITIES OF THE ORGANIZATION
1.Services to be Provided:The Organization will provide safe boater education,
GPS and Chart Reading, Navigation, Sailing Skills and Seamanship to its
members and the public.
2.Reporting to be Provided:The Organization will provide the City with
progress reports along with reimbursement requests on rehabilitation
activities at the Property for which Grant Funds were allocated to.
3.The Organization shall create and maintain financial and accounting records, books
documents, policies, practices, procedures and any information necessary to reflect
fully the financial activities of the Organization. Such records shall always be available
and accessible for inspection, review or audit by authorized City representatives and
shall produce such records as required by law. All records created hereby are to be
retained and maintained for a period of not less than five (5) years.
@BCL@E80DA32C
ARTICLE Ill.RESPONSIBILITIES OF THE CITY
1.Grant of Funds:
a.The City agrees to provide a lump sum onetime reimbursement grant of$50,000.00 (fifty thousand dollars)to the Organization upon execution of this agreement.
b.The funds granted by the City are to be used for renovation and rehabilitation or other improvements to the Property.
2. City Liaison:The Marine & Aviation Department of the City of Clearwater will serve as the
City liaison for the Organization.
ARTICLE IV.DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire agreement between the parties on the subject hereof
and may not be changed, modified, or discharged except by written amendment duly
executed by both parties.No representations or warranties by either party shall be binding
unless expressed herein or ina duly executed amendment hereof.
ARTICLE V.TERMINATION
1. With or Without cause: Either Party may terminate this Agreement with thirty (30)
days written notice without any further obligation. The City may terminate this
Agreement immediately for failure to adhere to any of the provisions of this
Agreement as determined by the City in itssole discretion.
ARTICLE VI.NOTICE
Any notice required or permitted to be given by the provision of this Agreement shall be
conclusively deemed to have been received by a Party hereto on the date it is hand-delivered
to such Party at the address indicated below (or at such other address as such Party shall
specify to the other Party in writing), or if sent by registered or certified mail (postage prepaid),
on the fifth (5th) business day after the day on which such notice is mailed and properly
addressed.
1.Iftothe City,addressed to Marine & Aviation, 25 Causeway Blvd,Clearwater,
FL33756.With copy to: City Attorney, PO Box 4748,Clearwater, FL 33758.
2.IftotheOrganization,addressed to BE SAFE Inc, 510 N. Ft Harrison,Clearwater, FL
33755.
@BCL@E80DA32C
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
CITY OF CLEARWATER, FLORIDA
Countersigned:
_______________________By:________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form:Attest:
_______________________________________________
Michael Fuino Rosemarie Call
Assistant City Attorney City Clerk
(BE SAFE, Inc.)
Attest:
_______________________By:________________________
Print Name: _____________Print Name: ___________________
Title: ________________________
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5481
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 2
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.14
SUBJECT/RECOMMENDATION:
Elect Councilmember Cundiff to serve as Vice Mayor. (consent)
SUMMARY:
With the resignation of Vice Mayor Doreen Caudell, Council must elect one of its members as
vice mayor.
The vice mayor shall act as mayor during a temporary absence or inability of the mayor to
perform the duties of the office of the mayor.
At the December 3 work session, there was council consensus to appoint Councilmember
Cundiff to serve as Vice Mayor. Staff was directed to place the item on the consent agenda.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 12/6/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5483
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 2
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.15
SUBJECT/RECOMMENDATION:
Appoint Councilmember Allbritton to Forward Pinellas to fill the remainder of an unexpired term
through September 30, 2021 as the Clearwater representative. (consent)
SUMMARY:
With the resignation of Vice Mayor Doreen Caudell, the City Council must appoint a
replacement to fill the remainder of her term. The appointed councilmember will serve as the
City’s representative through September 30, 2021.
The next Forward Pinellas Board Meeting is scheduled for January 9, 2019.
At the December 3 work session, the council consensus to appoint Councilmember Allbritton
to Forward Pinellas. Staff was directed to place the item on the consent agenda.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 12/6/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5393
Agenda Date: 12/6/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 7.16
SUBJECT/RECOMMENDATION:
Request for authority to initiate foreclosure actions on behalf of the City to recover amounts
owed on municipal liens imposed against certain real property. (consent)
SUMMARY:
On July 19, 2018, the City retained Weidner Law, P.A. (outside counsel) for representation in
municipal lien foreclosure matters. The outside counsel subsequently filed several foreclosure
lawsuits against blighted properties. Based on the program’s initial success and the outside
counsel’s capacity to handle more cases, city staff has identified several additional
non-homestead properties as viable candidates for foreclosure based on such variables as: 1)
the amount of the City’s lien; 2) whether the property is currently in compliance with city codes;
3) whether the property is occupied; and 4) whether there are any superior liens on the
property.
The properties that have been identified as viable foreclosure candidates are:
1.309 S. Pegasus Ave.
2.2576 Harn Blvd.
3.1631 Tuscola Rd.
4.59 Acacia St.
5.1501 N. Betty Ln.
6.1247 Pierce St.
7.1425 Gulf to Bay Blvd.
8.23837 US Highway 19
9.19320 US Highway 19
10.19400 US Highway 19
11.2250 Nursery Rd.
12.1118 Carlton St.
13.407 S. Hillcrest Ave.
14.409 Eastshore Dr.
15.907 Chestnut St.
The liens that the City seeks to foreclose also attach to any other non-exempt real property that
the violator owns. As a result, additional properties may be included in the foreclosure action.
Therefore, the City seeks authority to initiate foreclosure actions to recover the amounts owed
on the municipal liens that attach to the properties listed above.
APPROPRIATION CODE AND AMOUNT: N/A
Page 1 City of Clearwater Printed on 12/6/2018
File Number: ID#18-5393
Page 2 City of Clearwater Printed on 12/6/2018
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LAKEVIEW RDN BETTY LNNURSERY RD US HIGHWAY 19 NMARTIN LUTHER KING JR AVEN HIGHLAND AVE4
5
6 1
29
7
3
8
10
11
13
12
15
14
US HIGHWAY 19 NCOURT ST GULF TO BAY BLVD
S MISSOURI AVEMEMORIAL CSWY
CHESTNUT ST
DREW ST
BELLEAIR RD
SUNSET POINT RD
N KEENE RDN BELCHER RDS KEENE RDGULF BLVDS BELCHER RDCLEVELAND ST NE COACHMAN RDS FT HARRISON AVEN MYRTLE AVEN FT HARRISON AVESR 590
S GULFVIEW BLVDS LAKE DRMANDALAY AVELOCATION MAP
JCA TM
N/A N/A
10/29/2018Map 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
MCEB Foreclosure Phase 2
Document Path: V:\GIS\Engineering\Location Maps\MCEB Foreclosure Phase 2.mxd
²
N.T.S.Scale:
1. 309 S. Pega sus Ave.2. 2576 Harn Blvd.3. 1631 Tuscola Rd.4. 59 Acacia St.5. 1501 N. Betty Ln.6. 1247 Pierce St. 7. 1425 Gulf to Ba y Blvd.8. 23 837 US Highway 19 N9. 19 320 US Highway 19 10. 19400 US Hig hway 19 11. 2250 Nursery Rd12. 1118 Carlton St.13. 407 S. Hillcrest Ave .14. 409 Ea st Shore Dr.15. 907 Chestnu t St.
Name Address Zoning Occupied MCEB Violation Complaince MCEB Owed as of 10/26
BENSIMON, AVRAHAM 309 S. Pegasus Ave. HDR N Abandoned Building N 710,800.00$
HERRINGTON HOLDINGS LLC 2576 Harn Blvd.US 19 with Corridor Subdistrict
N
(Cars from New Wave auto
stored here)
Parking lot surfaces
Grass parking N 608,500.00$
DE PRIEST, PATRICIA 1631 Tuscola Rd.LMDR N
Pool, outdoor display,
Exterior storage N 491,500.00$
LIRA, NESTOR 59 Acacia St. LMDR N Pool and fence issues Y 658,650.00$
H & S REALTY & PROPERTY INC 1501 N. Betty Ln.C
N
(Abandoned gas station)
Windows
Abandoned buildig N 546,000.00$
AVANTHONY LLC 1247 Pierce St. D (Duplex)Y
Grass parking, windows, and
exterior storage N 373,800.00$
BACHMANN, FREDERICK S 1425 Gulf to Bay Blvd.D (Single Family)N Exterior surfaces, window N 302,700.00$
JANNELLI, GILBERT G / SUSLAK, BARBARA 23837 US Highway 19 N. US 19 with Corridor Subdistrict N
Exterior surfaces, window,
abandoned building, graffiti N 361,750.00$
SUNSET PONTIAC GMC TRUCK S INC 19320 US Highway 19 US 19 with Corridor Subdistrict
N
(Cars from Fuccillo Nissan
stored here)
Exterior Surfaces, Door &
Window,
Aband. Bldg N 342,000.00$
KENYON DODGE INC 19400 US Highway 19 US 19 with Corridor Subdistrict
N
(Vacant car lot)
Door and Window,
abandoned building N 228,000.00$
HILKERT, LARRY / HILKERT, GLADYS N 2250 Nursery Rd LDR Y
Too many rental units;
inoperable vehicle N 252,300.00$
HUEWITT, LAURA J EST 1118 Carlton St.MDR
N
(Vacant lot)
Lot clearing, door and window,
exterior surfaces, inoperable
vehicle, exterior storage,
roof maintenance N 169,800.00$
PAITAKIS, GEORGE 407 S. Hillcrest Ave. MDR Y Delinquent BTR N 158,375.00$
EAST SHORE INTERNATIONAL
ENTERPRISES LLC 409 Eastshore Dr.T and P
N
(Valet cars from Cooters)
Parking lot surfaces;
prohibited mooring N 42,750.00$
HOTMIRE, HARRY E EST 907 Chestnut St.MDR N Exterior surfaces N 139,000.00$
Total 5,385,925.00$
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5451
Agenda Date: 12/6/2018 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Approve the City of Clearwater’s Fiscal Year 2017-2018 Consolidated Annual Performance and
Evaluation Report (CAPER). (APH)
SUMMARY:
The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal
administrative report documenting the City’s expenditures for Community Development Block
Grant (CDBG) and HOME Investment Partnership (HOME) programs to the U.S. Department of
Housing and Urban Development (HUD). For Fiscal Year (FY) 2017-2018, the City’s entitlement
allocation was $656,940 in CDBG and $278,435 in HOME program funds, $2,716,521 of Prior
Year funds and $784,080 of Program Income for a total budget of $4,435,976 from federal
funds.
Through the CDBG and HOME program activities, total expenditures were $1,747,240 in FY
2017-2018, which included program income and funding from the prior year reprogrammed
funds. Those funds not expended from this year’s budget will be programmed in future years.
In addition to reporting activities carried out with federal money, a summary of activities
conducted with the Florida State Housing Initiatives Partnership (SHIP) Program and Pinellas
County Housing Trust Fund (PCHTF) Program is also included in the narrative section. For FY
2017-2018, SHIP fund expenditures totaled $1,940,089 and PCHTF fund expenditures totaled
$268,245.
The report provides HUD with necessary information for the Department to meet its
requirement to assess each grantee’s ability to carry out relevant Community Planning and
Development programs in compliance with all applicable rules and regulations. It also provides
information necessary for HUD’s Annual Report to Congress and it provides grantees an
opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods
and in meeting objectives stipulated in their Consolidated Planning document.
The City of Clearwater’s FY 2017-2018 CAPER contains information on the City’s assessment
of the following activities:
* Assessment of Four Year Goals and Outcomes
* Resources and Investments
* Affordable Housing
* Homeless and Other Special Needs
* Public Housing
* Other Actions to Address Barriers to Affordable Housing
* Monitoring
* CDBG
* HOME
A list of notable accomplishments utilizing federal, state and local funds for FY 2017-2018
include:
* Provided ten down payment & closing cost assistance loans totaling $173,968
Page 1 City of Clearwater Printed on 12/6/2018
File Number: ID#18-5451
* Provided $341,911 for the rehabilitation of ten (10) owner-occupied units
* Provided Abilities Inc. of Florida $323,834 for the rehabilitation of five rental-units at St.
Andrews Cove
* Provided Community Service Foundation $222,148 of funding to purchase seven rental units
* Provided $200,840 to Habitat for Humanity of Pinellas County for the acquisition of land and
construction of three single-family homes
* Provided $275,000 of funding toward the construction of Woodlawn Trail Apartments; an
80-unit rental complex
* Provided $75,000 of funding toward the construction of Madison Point Apartments; an 80-unit
rental complex
* Provided the City of Clearwater Parks and Recreation Department $99,000 for the
rehabilitation and upgrading of restrooms at Philip Jones Field
* Provided Directions For Living $99,000 for the rehabilitation of their lobby and waiting area
* Provided Clearwater Brewing Company $40,000 for a façade loan-to-grant
* Provided $60,000 for technical assistance services to be provided by the Hispanic Business
Initiative Fund of Florida, Inc. dba Prospera and Tampa Bay Black Business Investment
Corporation that assisted 152 entrepreneurs and businesses.
Overall federal, state and local funding assisted 8,821 persons and 36 households
On November 13, 2018, the Neighborhood and Affordable Housing Advisory Board (NAHAB)
recommended the City Council approve the CAPER as written. The CAPER is due to HUD no
later than December 31, 2018.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 12/6/2018
FY 2017-2018
CONSOLIDATED
ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER)
ECONOMIC DEVELOPMENT AND HOUSING
December 6, 2018
CAPER FY 2017-2018
Program Processes
Activities Undertaken
Funding Sources
CDBG
HOME
SHIP
PCHTF
Due By December 31st
Resources Expenditures
Entitlement
CDBG
HOME
$656,940
$278,435
Prior Year Funds $2,716,521
Program Income $784,080
Total $4,435,976
FY 17-18 Expenditures - $1,747,240
Balance $2,688,736
RESOURCES/EXPENDITURES - FEDERAL
OTHER PROGRAM EXPENDITURES –
STATE/LOCAL
Program Expenditure
SHIP $1,940,089
PCHTF $268,245
Total $2,208,334
Federal Funds Leveraged $3,969,772
•$853,408 in State/Local Funds
•$3,116,364 in Private/Community Funds
HOUSEHOLDS/PERSONS ASSISTED –
FEDERAL FUNDS
Goal Households/Persons
Community Development &
Public Services 7,108 Persons
Homelessness 1,434 Persons
Housing 22 Households
Non-Homeless Special Needs 49 Persons
Economic Development
60 Businesses
92 Persons
Total 8,683 Persons/22 Households
HOUSEHOLDS/PERSONS ASSISTED –
STATE/LOCAL FUNDS
Goal Households/Persons
Housing Education 138 Persons
Rehabilitation 12 Households
Down Payment Assistance 2 Households
Total 138 Persons/14 Households
PARTNERS – PUBLIC SERVICES
PARTNERS – PUBLIC FACILITIES AND
MICROENTERPRISE
DIRECTIONS FOR LIVING FACILITY IMPROVEMENTS
PHILIP JONES FIELD FACILITY IMPROVEMENTS
PARTNERS – HOUSING
Madison Point, LLC
HABITAT FOR HUMANITY NORTH GARDEN AVENUE
GEOGRAPHIC DISTRIBUTION FOR
HOUSING - COMPLETED ACTIVITIES
TARGET AREA % OF EXPENDITURES
Citywide - Low/Moderate Areas 41%
East Gateway NRSA 0%
Lake Bellevue NRSA 0%
North Greenwood NRSA 59%
ONGOING HOUSING ACTIVITIES FROM FY 17-18
Owner-Occupied
New Construction - 2 Units
Acquisition & Rehabilitation 1 Unit
Rental
Acquisition – 7 Units (Lake Bellevue NRSA)
New Construction
80 Units (Lake Bellevue NRSA)
80 Units (Low/Mod Area)
For a Detailed Listing of
Programs, Activities and
Actions Undertaken
See Pages 14-29 of the
CAPER
www.myclearwater.com/affordablehousing
FY 2017-2018
CONSOLIDATED
ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER)
ECONOMIC DEVELOPMENT AND HOUSING
December 6, 2018
City of Clearwater, Florida
December 6͕2018
2017/2018
Consolidated Annual
Performance and
Evaluation Report
(CAPER)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The City of Clearwater is designated an Urban City for the Community Development Block Grant (CDBG) program; HOME Investment
Partnerships (HOME) program; State Housing Initiatives Partnership (SHIP) program; and Pinellas County Housing Trust Fund (PCHTF) program.
The City’s objectives include assisting residents in achieving self-sufficiency through decent housing; providing for a suitable living environment;
expansion of economic opportunities; promotion of community self-investment in extremely-low to moderate-income areas; and providing
facilities and services that address critical social services to include seniors, children and persons with special needs.
Objective: Performance Measure One – Provide Availability of and Accessibility to Decent Affordable Housing for the Residents of the City of
Clearwater: 30 households will have access to affordable housing through down payment and closing cost assistance. 57 households will have
new or improved access to housing through the preservation of existing, creation or acquisition of units for the purpose of preserving and/or
creating decent affordable housing. Outcome: 173 households served; additional housing activities remain underway and will be reported upon
project completion.
Objective: Performance Measure Two – Prevent and Reduce Homelessness within the City of Clearwater: 480 individuals will have access to
shelter facilities and beds and have access to agencies that provide homeless prevention and service programs. Outcome: 1,434 individuals
served.
Objective: Performance Measure Three – Expand Accessibility and Coordination of Social Services to the City of Clearwater Special Needs
Population: 20 special needs individuals will have access to support programs that assisted elderly, frail/elderly, disabled, veterans and other
populations with specials needs. Outcome: 49 individuals served.
Objective: Performance Measure Four – Enhance the Living Environment for Persons in Low- and Moderate-Income Areas Through Community
Development Activities, Public Service Programs and Elimination of Blight: 4,406 individuals will have a more livable environment through
infrastructure construction and improvements and facility rehabilitation. 50 individuals will have access to social services and a more livable
environment through the support of programs that promote neighborhood safety and security; youth accountability and mentoring; affordable
youth/children centers; community outreach; meal and/or food bank services; senior services; health and mental health facilities; and the
expansion and improvement of public parks. Outcome: 8,591 individuals served.
CAPER 1
Objective: Performance Measure Five – Support Programs that Create Economic Opportunities in the City of Clearwater; Particularly in
Neighborhood Revitalization Strategy Areas: 2 façade loan-to-grants will be awarded for the removal of slum or blight or job creation. 2
businesses will be assisted through microenterprise/entrepreneurial technical assistance. Outcome: 1 façade loan to grant was awarded; 60
businesses were assisted; and 92 individuals were assisted.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and
explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual
outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Community
Development
and Public
Services
Non-Housing
Community
Development
CDBG: $
/ HOME:
$
Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit
Persons
Assisted 8,906 8,182 91.87% 4,406 8,107 184%
Community
Development
and Public
Services
Non-Housing
Community
Development
CDBG: $
/ HOME:
$
Public service activities
other than Low/Moderate
Income Housing Benefit
Persons
Assisted 4,550 1,705 37.47% 50 1,252 2,504%
Community
Development
and Public
Services
Non-Housing
Community
Development
CDBG: $
/ HOME:
$
Homeless Person Overnight
Shelter
Persons
Assisted 0 1,372 0 1,372
Economic
Development
Economic
Development
CDBG: $
/ HOME:
$
Facade treatment/business
building rehabilitation Business 3 1 33.33% 2 1 50%
CAPER 2
Economic
Development
Economic
Development
CDBG: $
/ HOME:
$
Jobs created/retained Jobs 3 0 0.00% 0 0 0.00%
Economic
Development
Economic
Development
CDBG: $
/ HOME:
$
Businesses assisted Businesses
Assisted 2 61 3,050% 2 61 3,050%
Homelessness Homeless
CDBG: $
/ HOME:
$
Public service activities
other than Low/Moderate
Income Housing Benefit
Persons
Assisted 50 1,992 3,984% 50 1,252 2,504%
Homelessness Homeless
CDBG: $
/ HOME:
$
Homeless Person Overnight
Shelter
Persons
Assisted 50 1,992 3,984% 50 1,372 2,744%
Homelessness Homeless
CDBG: $
/ HOME:
$
Homelessness Prevention Persons
Assisted 1,280 1,434 112% 380 1,434 377%
Housing Affordable
Housing
CDBG: $
/ HOME:
$
Public service activities
other than Low/Moderate
Income Housing Benefit
Persons
Assisted 0 145 0 0
Housing Affordable
Housing
CDBG: $
/ HOME:
$
Public service activities for
Low/Moderate Income
Housing Benefit
Households
Assisted 188 0 0.00% 140 0 0.00%
Housing Affordable
Housing
CDBG: $
/ HOME:
$
Rental units constructed Household
Housing Unit 15 7 46.66% 0 0 0.00%
Housing Affordable
Housing
CDBG: $
/ HOME:
$
Rental units rehabilitated Household
Housing Unit 24 19 79.16% 0 2
CAPER 3
Housing Affordable
Housing
CDBG: $
/ HOME:
$
Homeowner Housing
Added
Household
Housing Unit 67 19 28.35% 19 13 68.42%
Housing Affordable
Housing
CDBG: $
/ HOME:
$
Homeowner Housing
Rehabilitated
Household
Housing Unit 83 3 3.61% 38 1 2.63%
Housing Affordable
Housing
CDBG: $
/ HOME:
$
Direct Financial Assistance
to Homebuyers
Households
Assisted 90 21 23.33% 30 8 26.66%
Housing Affordable
Housing
CDBG: $
/ HOME:
$
Housing for Homeless
added
Household
Housing Unit 0 0 0 0
Housing Affordable
Housing
CDBG: $
/ HOME:
$
Housing for People with
HIV/AIDS added
Household
Housing Unit 0 0 0 0
Housing Affordable
Housing
CDBG: $
/ HOME:
$
Other Other 20 0 0.00% 20 0 0.00%
Non-Homeless
Special Needs
Non-Homeless
Special Needs
CDBG: $
/ HOME:
$
Public service activities
other than Low/Moderate
Income Housing Benefit
Persons
Assisted 320 87 27.19% 20 49 245%
Program
Administration
Program
Administration
CDBG: $
/ HOME:
$
Other Other 0 0 0
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
CAPER 4
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan,
giving special attention to the highest priority activities identified.
CDBG, HOME, SHIP and PCHTF funds were used to address high priority needs by providing down payment and closing cost assistance;
homeowner rehabilitation; homebuyer education; acquisition of land and new construction of housing; public facility and public service
programs; and economic development opportunities.
Goal: Preserving or Producing Affordable Housing: Addressed goal through completion of the following activities: acquisition of land and
construction of new housing units in collaboration with Habitat for Humanity, Inc.; acquisition of a homeowner unit for rehabilitation in
collaboration with Bright Community Trust (CHDO); acquisition of rental units in collaboration with Community Service Foundation;
rehabilitation of rental-units in collaboration with Abilities at St. Andrews Cove; rehabilitation of owner-occupied units; provided down payment
and closing cost assistance loans through Tampa Bay Community Development Corporation and Clearwater Neighborhood Housing Services,
Inc.; and provided homebuyer education/fair housing education through Tampa Bay Community Development Corporation and Clearwater
Neighborhood Housing Services, Inc.
Goal: Prevention and Reduction of Homelessness: Addressed goal through completion of the following activities: Religious Community Services
- Grace House; Homeless Emergency Project – Emergency Shelter Program and Homeless Emergency Project, Inc. - Baty Villas.
Goal: Expanding Accessibility and Coordination of Social Services to Special Needs Population: Addressed goal through completion of the
following activities: Pinellas Opportunity Council, Inc. – Chore Services and The Arc Tampa Bay, Inc. – Employer Outreach Program.
Goal: Enhance Living Environment Through Community Development Activities; Public Service Programs and Elimination of Blight: Addressed
goal through completion of the following activities: Gulfcoast Legal Services, Inc. – Legal Services; Miracles Outreach Community Development
Center, Inc. – Youth Services; FYI Community Partnerships, Inc. – Family Enrichment Services; Intercultural Advocacy Institute, Inc. – Youth
Services; Westcare GulfCoast Florida, Inc. – Substance Abuse Services; Directions For Mental Health, Inc. – Public Facilities Improvement; and
City of Clearwater Parks and Recreation – Philip Jones Field Improvements.
Goal: Create Economic Opportunity: Addressed goal through completion of the following activities: Tampa Bay Black Business Investment Corp.
– Microenterprise Technical Support; Hispanic Initiative Fund of Florida, Inc. – dba Prospera - Microenterprise Technical Support; and Clearwater
Brewing Company - façade rehabilitation.
CAPER 5
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG HOME
White 5,834 11
Black or African American 1,785 6
Asian 47 0
American Indian/Alaskan Native & White 43 0
Black/African American & White 32 0
Native Hawaiian or Other Pacific Islander 26 0
Multi-Racial/Other 824 5
Total 8,591 22
Hispanic 849 7
Not Hispanic 7,742 15
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
In FY 2017-2018, CDBG funded public service, public facility, acquisition and housing activities that
served 8,591 individuals. The following are the racial and ethnic status of program participants: White -
5,834 (67.9%); Black/African American - 1,785 (20.8%); Asian - 47 (0.5%); American Indian/Alaskan
Native - 43 (0.5%); Black/Africa American & White - 32 (0.4%); Native Hawaiian/Other Pacific Islander -
26 (0.3%); Other Multi-Racial - 824 (9.6%); 849 program participants identified as Hispanic. Additionally,
Philip Jones Field activity served 1,970 in the North Greenwood Neighborhood Revitalization
Stabilization Area, Census Tract 262.
In FY 2017-2018, HOME funded housing activities served 22 households. The following are the racial
and ethnic status of program participants: White – 11 (50%); Black/African American – 6 (27%); Multi-
Racial/Other – 5 (23%); 7 program participants identified as Hispanic.
In FY 2017-2018, SHIP funded housing activities served 149 households. The following are the racial and
ethnic status of program participants: White - 71 (48%); Black/African American - 71 (48%); Asian - 5
(3%); and Black/African American and White – 2 (1%); 9 program participants identified as Hispanic.
In FY 2017-2018, CDBG funded economic development activities and served 60 businesses and 92
individuals: Black/African American - 50 (54%); American Indian/Alaskan Native – 1 (1%); and Multi-
Racial/Other – 41 (45%); 41 identified as Hispanic. Additionally, Clearwater Brewing Company façade
loan-to-grant activity served the North Greenwood Neighborhood Revitalization Stabilization Area,
Census Tract 261.
CAPER 6
The following activities are currently underway: Bright Community Trust, Inc. (CHDO) – rehabilitation of
1 housing unit, scheduled for completion in April 2019 (HOME Funds); Habitat for Humanity of Pinellas
County, Inc. – construction of 2 housing units, scheduled for completion in April 2019 (HOME and SHIP
Funds); Madison Point, LLC - construction of 80 rental units, scheduled for completion in 2019 (SHIP
Funds); and Woodlawn Trail Apartments - construction of 80 rental units, scheduled for completion in
2019 (SHIP and CDBG Funds); Community Service Foundation - lease-up of 7 rental units, scheduled for
completion in December 2018 (HOME and SHIP Funds).
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG CDBG 2,314,639 765,287
HOME HOME 2,121,337 981,953
HOPWA HOPWA 0 0
ESG ESG 0 0
Other Other 2,208,334 1,092,685
Table 3 - Resources Made Available
Narrative
In FY 2017-2018, the City had $4,435,976 in CDBG and HOME program funding available to fund eligible
housing and community development activities; economic development activities; and local agencies
that provide services that assist extremely-low to moderate-income residents. Funding consisted of
$935,375 in new entitlement funding through the CDBG and HOME programs; $1,515,224 of prior year
entitlement, interest and program income; $784,080 in current year program income; and $1,201,297 in
CDBG Revolving Loan funding.
Additionally, the City had a total of $1,940,089 in Florida State Housing Initiatives Partnership (SHIP) and
$268,245 in County Housing Trust program funds available to assist housing needs.
In FY 2017-2018, the City expended $639,737 in CDBG Funds for 2017 activities and $125,550 for 2016
activities; 2016 activities, where funds were expended and completed in 2017, include 1 Revolving Loan
Rehabilitation activity and 2 Public Facility Rehabilitation activities.
In FY 2017-2018, the City expended $451,265 in HOME funds for 2017 activities and $530,689 for 2016
activities; 2016 activities, where funds were expended and completed in 2017, include relocation costs
and construction of 12 single-family units.
CAPER 7
Identify the geographic distribution and location of investments
Target Area Planned
Percentage
of Allocation
Actual
Percentage
of Allocation
Narrative Description
Citywide Low- and
Moderate-Income
Areas 80% 41%
Allocation was accomplished through down
payment and closing cost assistance; owner-
occupied rehabilitation; and rental
rehabilitation activities.
East Gateway District
Neighborhood
Revitalization Strategy
Area 4% 0%
In FY 2018-2018, no housing activities were
completed in the NRSA.
Lake Bellevue
Neighborhood
Revitalization Strategy
Area 10% 0%
In FY 2017-2018, no housing activities were
completed in the NRSA.
North Greenwood
Neighborhood
Revitalization Strategy
Area 6% 59%
Allocation was accomplished through down
payment and closing cost assistance; new
construction and relocation; and acquisition
of land for owner-occupied housing
activities.
Table 4 – Identify the geographic distribution and location of investments
Narrative
In FY 2017-2018, the City expended 41% of CDBG and HOME funds on activities through down payment
and closing cost assistance; owner-occupied rehabilitation; and rental-occupied rehabilitation activities
that benefited individuals/families in the incorporated areas of the city. The City expended 59%
of CDBG and HOME funds on activities through down payment and closing cost assistance; new
construction of owner-occupied units with relocation; and acquisition of land for owner-occupied
housing activities that benefited individuals/families in the North Greenwood Neighborhood
Revitalization Strategy Area. No housing activities were completed in the Lake Bellevue Neighborhood
Revitalization Strategy Area; Community Service Foundation will have 7 rental units leased-up by
December 2018 and Madison Point, LLC will have 80 rental units leased-up in 2019.
No housing activities were completed or are expected to be completed in the East Gateway
Neighborhood Revitalization Strategy Area.
Public facility improvements and public service activities are utilized by extremely-low to moderate
income individuals/families located throughout the city. Economic Development activities are utilized
CAPER 8
by extremely-low to moderate-income individuals/businesses primarily located within the three
Neighborhood Revitalization Stabilization Areas.
CAPER 9
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
The City leverages federal funds through the use of other public and private resources to include
allocations and program income generated through SHIP and PCHTF programs; private lenders;
homeowner contributions; and other city departments.
In FY 2017-2018, the City expended $1,747,240 in CDBG and HOME funds on housing; public service;
public facility; and economic development activities. Completed federal funded activities leveraged
$853,408 in state/local funds and $3,116,364 in private/community funding.
In FY 2017-2018, the City expended $99,000 on the renovation of existing restrooms, doubling the
current available, to meet ADA standards at Philip Jones Field located in the North Greenwood
Neighborhood Revitalization Strategy Area, Census Tract 262.
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year 413,649
2. Match contributed during current Federal fiscal year 853,408
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 1,267,057
4. Match liability for current Federal fiscal year* 557,598
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 709,459
Table 5 – Fiscal Year Summary - HOME Match Report
CAPER 10
Match Contribution for the Federal Fiscal Year
Project No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
DPA-1853 11/15/2017 5,582 0 0 0 0 0 5,582
DPA-1867 6/6/2018 6,660 0 0 0 0 0 6,660
DPA-1857 2/15/2018 5,500 0 0 0 0 0 5,500
DPA-1862 4/20/2018 5,710 0 0 0 0 0 5,710
DPA-1874 5/15/2018 7,220 0 0 0 0 0 7,220
DPA-1869 7/27/2018 7,945 0 0 0 0 0 7,945
DPA-1860 3/13/2018 7,345 0 0 0 0 0 7,345
DPA-1870 8/31/2018 11,250 0 0 0 0 0 11,250
RL-1716-1 4/20/2018 251,405 0 0 0 0 0 251,406
CFI-370 9/27/2018 224,863 0 0 0 0 0 224,863
CFI-370-1 9/27/2018 152,430 0 0 0 111,960 0 264,390
CFI-371 11/1/2017 55,537 0 0 0 0 0 55,537
Table 6 – Match Contribution for the Federal Fiscal Year
Program Income – Enter the program amounts for the reporting period
Balance on hand at begin-
ning of reporting period
$
Amount received during
reporting period
$
Total amount expended
during reporting period
$
Amount expended for
TBRA
$
Balance on hand at end of
reporting period
$
1,240,864 766,000 843,448 0 1,163,416
Table 7 – Program Income
CAPER 11
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value
of contracts for HOME projects completed during the reporting period
Total Minority Business Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Contracts
Dollar
Amount 1,026,934 0 0 0 0 1,026,934
Number 4 0 0 0 0 4
Sub-Contracts
Number 7 0 0 0 0 7
Dollar
Amount 363,947 0 0 0 0 363,947
Total Women
Business
Enterprises
Male
Contracts
Dollar
Amount 1,026,934 92,921 934,013
Number 4 1 3
Sub-Contracts
Number 7 1 6
Dollar
Amount 363,947 211,811 152,136
Table 8 - Minority Business and Women Business Enterprises
Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners
and the total amount of HOME funds in these rental properties assisted
Total Minority Property Owners White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
CAPER 12
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of
relocation payments, the number of parcels acquired, and the cost of acquisition
Parcels Acquired 12 596,534.25
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
Households
Displaced
Total Minority Property Enterprises White Non-
Hispanic Alaska
n
Native
or
Americ
an
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 3 0 0 3 0 0
Cost 102,100.75 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition
CAPER 13
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 87 21
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 87 21
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 19 13
Number of households supported through
Rehab of Existing Units 38 3
Number of households supported through
Acquisition of Existing Units 30 8
Total 87 24
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
The City worked diligently to meet the second year goals as identified in the 2016/2017 - 2019/2020
Consolidated Plan. The City made modest progress in meeting the affordable housing goals; a major
obstacle the City faces is the availability of land and/or housing stock for affordable housing. The City
continues and will continue to work with its housing partners to identify land purchase opportunities for
affordable housing.
Currently, 1 owner-occupied unit is under construction (HOME funds); 1 owner-occupied unit is being
rehabilitated (HOME funds); 7 rental units are being leased-up (HOME and SHIP funds); and 160 rental
units are under construction (SHIP and CDBG).
CAPER 14
Discuss how these outcomes will impact future annual action plans.
Affordable housing and homelessness continues to be a high priority and is identified in the FY 2018-
2019 Annual Action Plan. More emphasis is being placed on the utilization of the City’s 2 Revolving Loan
funds to assist more low-to moderate-income families in their pursuit of homeownership and to assist in
the rehabilitation of housing to ensure a safe and decent place to live. The City continued to support
economic development activities to include a loan-to-grant façade program and microenterprise
technical assistance, especially in the City’s 3 Neighborhood Revitalization Strategy Areas. The
City continued to utilize CDBG, HOME, SHIP and Housing Trust funds and all other available resources to
meet the needs identified.
Include the number of extremely low-income, low-income, and moderate-income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 6
Low-income 2 2
Moderate-income 14
Total 2 22
Table 13 – Number of Households Served
Narrative Information
The City’s housing programs are available to extremely-low to moderate-income households that meet
the eligibility requirements for each program.
In FY 2017-2018, the City’s housing programs assisted 173 households utilizing CDBG, HOME, SHIP and
PCHTF funds. Owner housing opportunity, owner preservation and owner housing production programs
served a total of 173 households whose incomes are: 79 extremely-low; 47 low-; 40 moderate-; and 7
over median-income. Currently, 2 units are under construction and 1 unit is being rehabilitated. Rental
housing preservation and rental housing production served a total of 6 households whose incomes were
extremely-low. Community Service Foundation will have 7 units leased-up by December 2018; Madison
Point, LLC and Woodlawn Trail Apartments projects, both scheduled for completion in 2019, will have
leased-up 160 units.
Based on the data sourced from the 2011-2015 Comprehensive Housing Affordability Strategy database,
the City of Clearwater had 26,080 households whose income was 80% or more of HUD’s Adjusted
Median Family Income (HAMFI); 8,145 households whose income was 50-80% of HAMFI; 6,035
households whose income was 30-50% of HAMFI; and 5,970 households whose income was below 30%
of HAMFI.
Cost burden is a fraction of a household’s total gross income spent on housing costs; severe cost burden
is defined as more than 50% of income going towards rent and utilities. Among all income groups,
10,384 renters have a cost burden greater than 30% of income and 5,384 renters have a cost burden
CAPER 15
greater than 50% of income. Among all income groups, 8,425 owner-households have a cost burden
greater than 30% of income and 3,780 owner-households have a cost burden greater than 50% of
income.
The City of Clearwater is a built-out community and lacks developable land for construction of new
affordable owner-occupied and rental housing. These barriers continue to have a negative impact on
projects and programs utilized to implement the City’s stated strategies.
CAPER 16
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The Pinellas County Homeless Leadership Board (HLB) is the lead agency for the Pinellas County/St.
Petersburg/ Clearwater/ Largo Continuum of Care (CoC). Its mission is to prevent, reduce and end
homelessness in Pinellas County.
There are two major Councils under the HLB with very specific roles: 1) Providers Council, made up of
public and private homeless and at-risk service providers, develops recommendations to the HLB on
issues affecting the homeless services system, addresses the needs of all target groups, and coordinates
planning and recommendations with other community-wide planning groups; and 2) The Funders
Council, composed of representatives from local and state governments, businesses, foundations, and
other funders of services that affect all homeless/at-risk target groups, was created in August 2013 and
develops recommendations to the HLB on funding of homeless/ at-risk programs and services and on
strategically aligning funding resources available for homeless/at-risk programs and services based on
HLB-approved priorities, to make the most effective use of scarce resources.
The City provides staff support for the annual Point-In-Time Survey and Count. According to the Point-
In-Time Survey and Count of the homeless population in Pinellas County for 2018, the total number of
homeless individuals was 2,612. Approximately 21.5% of the entire homeless population self-reported
that they come from Clearwater.
In FY 2017-2018, City staff continued educating City employees and the general public on the city’s
homeless initiative. Staff created a website listed in the City’s webpage at
www.myclearwater.com/homelessinitiative. Additionally, staff created a handout in an effort to
educate the residents about the main goal of the city’s homeless initiative, how they can assist the
homeless population by giving a hand up and not a hand out, and provided the citizens with contact
information of local social service providers.
In 2017, the Clearwater Homeless Services Street Outreach Team (Team) directly assisted 206 homeless
individuals by transport to Safe Harbor, Pinellas Hope and Homeless Emergency Project, Inc. and other
continuum of care providers. Through case management, the Team identifies mentally ill individuals
that are eligible for Social Security benefits and assists them through the process to obtain their
benefits. The Team, on average, receives 75 calls per day.
In FY 2017-2018, the City provided $125,278 in CDBG funds supporting homeless operations and
transitional housing rehabilitation. Funding was provided to 3 projects: Religious Community Services –
Grace House for operating costs including salary support for their domestic violence shelter; Homeless
CAPER 17
Emergency Project, Inc. – Emergency Shelter Program for operating costs including salary support; and
Homeless Emergency Project, Inc. - Baty Villas, a 16-unit transitional housing rental complex.
The funding provided addressed the following priority needs: Supporting improvements of transitional
housing serving extremely-low to moderate-income persons, including the homeless and special needs
populations and supporting operations of programs serving extremely-low to moderate-income persons,
including the homeless and special needs population.
Addressing the emergency shelter and transitional housing needs of homeless persons
In FY 2017-2018, the City provided $125,278 in CDBG funding to assist with rehabilitation projects and
operational support for the following: $13,139 to Religious Community Services – Grace House for
operating costs including salary support for their domestic violence shelter that assisted 451 individuals;
$13,139 to Homeless Emergency Project, Inc. – Emergency Shelter Program for operating costs
including salary support that assisted 702 individuals; and $99,000 to Homeless Emergency Project, Inc.
– Baty Villas to rehabilitate a 16-unit transitional housing complex that assisted 16 families.
In FY 2017-2018, the City, through its General Fund, contributed $100,000 to Pinellas Safe Harbor;
$50,000 to Homeless Emergency Project, Inc.; $25,000 to the Homeless Leadership Board; $25,000 to
Pinellas Hope; $25,000 to Religious Community Services; and $10,000 to The Salvation Army of Upper
Pinellas. The funding supports the operation of programs serving extremely-low to moderate-income
individuals, including the homeless and special needs populations.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
Pinellas County Human Services provides homeless prevention and self-sufficiency programs targeting
the homeless population. The programs target high poverty zone areas throughout the County, to
include Clearwater, and focuses on individuals who are disabled and need assistance applying for
Federal benefits, assisting homeless families with children seeking affordable, permanent housing and
veterans who need assistance with obtaining Federal benefits, with a special focus on homeless
veterans to include the following programs: Family Housing Assistance Program; Adult Emergency
Financial Assistance Program and Veterans Services Program.
The City continues to work closely with Pinellas County to ensure all eligible recipients are referred to
the appropriate organization that will assist with their various needs.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
CAPER 18
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
In FY 2017-2018, the City provided $125,278 in CDBG funding to assist with rehabilitation projects and
operational support for the following: $13,139 to Religious Community Services – Grace House for
operating costs including salary support for their domestic violence shelter that assisted 451 individuals;
$13,139 to Homeless Emergency Project, Inc. – Emergency Shelter Program for operating costs including
salary support that assisted 702 individuals; and $99,000 to Homeless Emergency Project, Inc. – Baty
Villas to rehabilitate a 16-unit transitional housing complex that assisted 16 families.
Additionally, the City, through its General Fund, contributed the following in support of transitioning
from homelessness to permanent housing and independent living:
• $100,000 to Pinellas Safe Harbor, a 470-bed homeless shelter and jail diversion program that
opened in January 2011. Transportation is provided to individuals who are willing to enter and
receive case management services rather than go to jail;
• $50,000 to Homeless Emergency Project, Inc. to support their emergency shelter program,
family transition program, and permanent supportive and rapid re-housing services;
• $25,000 to the Pinellas County Homeless Leadership Board who is the lead agency for the
Pinellas County/St. Petersburg/Clearwater/Largo Continuum of Care (CoC);
• $25,000 to Pinellas Hope, a temporary emergency shelter for 250 men and women located on
20 acres provided by Bishop Robert N. Lynch and the Diocese of St. Petersburg. Case Managers
meet with the individuals on a regular basis to set goals towards self-sufficiency. Case Managers
also assist shelter residents with job and housing placement, perform follow up visits, and
provide after shelter care to ensure successful outcomes;
• $25,000 to Religious Community Services for their domestic violence shelter that provides
apartment-style emergency shelter to homeless families with children. The program works one-
on-one with families through case management, education, job readiness skills, and assisting
families with the tools needed to save money in order to secure stable housing; and
• $10,000 to the Salvation Army of Upper Pinellas for Hope Crest, a transitional living center that
comprises two- and three-bedroom apartments providing a secure home for families while
providing counseling and life skills classes.
CAPER 19
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City collaborates with the Clearwater Housing Authority (CHA) to foster innovative public housing
developments, potential joint ventures and residential initiatives. HUD funds are used to subsidize the
Housing Choice Voucher (HCV) Program and subsidizes 202 units of public housing. CHA’s private
investors assist to fund 529 mixed-income units, for which there is no Federal subsidy.
In FY 2017-2018, the CHA assisted 1,219 families through their monthly Housing Choice Voucher
Program, expended $9,282,425 in Housing Assistance Payments, assisted 257 families through its Public
Housing Program and listed $1,913,567 dollars in expenditures, plus an additional $479,759 in Capital
and Replacement Housing Funds.
The City and CHA continues to work together to identify opportunities that will provide affordable units
to households at 50% AMI, 60% AMI and up to 120% AMI.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
The Clearwater Housing Authority (CHA) encourages residents to become more involved with
management and to participate in self-sufficiency programs. The CHA offers a Family Self-Sufficiency
(FSS) Program for all Housing Choice Voucher holders who wish to improve their financial situation,
eliminate their dependence on public assistance and are motivated to change their lives. FSS
participants sign a five-year contract, during which time they complete an educational or vocational
program, obtain employment, and become free from government assistance. The FSS staff provides the
structure and support necessary to break down barriers and achieve goals. Once a FSS participant
obtains employment or higher wages, he or she may begin to save money in an escrow account which is
awarded upon completion of the program.
Actions taken to provide assistance to troubled PHAs
The CHA was checked through HUD’s Public Housing Assessment System (PHAS) and is designated as
Small PHA Deregulation with a score of 91. No further action is needed.
CAPER 20
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
The City began receiving SHIP Program funding in 1992 when the Florida Legislature adopted the
Sadowski Act.
During the 2007 legislative session, the Florida legislature passed House Bill 1375. Under this bill,
approval was granted for the creation of Section 420.9076 of the Florida Statute. This statute requires
counties and cities receiving SHIP funds to appoint an eleven-member Affordable Housing Advisory
Committee (AHAC). The statute further provides that the committee be made up of members from a
specific industry or a specific group as identified in the statute. The requirement was largely met
through the use of the City’s existing Neighborhood and Affordable Housing Advisory Board (NAHAB).
Every 3 years, the City Council adopts a resolution that creates and appoints the AHAC. The last AHAC
was appointed in October 2017, with a final report presented to the City Council in December 2017.
The duties of the AHAC included reviewing policies and procedures, ordinances, land development
regulations and the City’s adopted comprehensive plan and recommending specific actions or initiatives
to encourage or facilitate affordable housing.
The following are barriers and strategies undertaken by the City to remove or ameliorate the barrier:
Barrier: Lack of land available to develop affordable housing projects – Strategy: Prepare inventory of
locally-owned public lands suitable for affordable housing.
Barrier: Limited funding to invest in production and rehabilitation of attainable housing – Strategy:
Strengthen our relationship with Clearwater Housing Authority and private developers to foster
innovative public housing developments, mixed-income residential developments, potential joint
ventures and residential initiatives.
Barrier: Lack of information concerning the City’s permitting process for affordable housing units and
limited information on the City’s affordable incentives and programs – Strategy: Provide information on
affordable housing permitting process to interested developers through printed material and City
website.
Barrier: Land Development codes and incentives and third party barriers such as involuntary
easements/encroachments and homeowners insurance - Strategy: Initiate an expedited permitting and
ongoing review process; provide for flexible densities for affordable housing projects; reduce parking
setback requirements for affordable housing; allow flexible lot configuration, including zero-lot line
configuration for affordable housing; and support development near transportation hubs, major
employment centers, and mixed-use development. While homeowners insurance is required, the City’s
CAPER 21
policy is to ensure the client receives only the insurance amount required to protect the home and
homeowner assets.
Barrier: Public perception of affordable housing development – Strategy: Provide information to the
public via printed material, reports and the City website showcasing ongoing and completed projects.
Support mixed-income housing development projects that strengthen the socio-economic foundation of
the community with the inclusion of market-rate units.
Barrier: Maintaining the City’s aging stock as a source of affordable housing - Strategy: Provide
educational opportunities to citizens concerning barriers that can be eliminated, such as poor credit;
provide acquisition and rehabilitation loans to non-profit organizations whose main goals are to
preserve affordable housing; provide down payment and closing cost assistance to first time
homebuyers; and provide rehabilitation loans to eligible homeowners to ensure code compliance.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
A major obstacle to meeting underserved needs is the lack of financial resources among housing and
service providers that support the City’s institutional delivery structure. Local government policies
concerning building codes, subdivision standards and impact fees enacted to protect the general welfare
of the public have unintended consequences; an example of an unintended consequence is the creation
of barriers to housing affordability by increasing per unit development costs that impacts the supply of
affordable housing to extremely-low to moderate-income families.
Other major obstacles to meeting underserved needs are rents and housing affordability. Average rents
in the City of Clearwater are not affordable; many households struggle to pay their rent and afford
necessities such as food, clothing, medical care and transportation. The City gives priority to the
acquisition and construction of new mixed-use development projects especially in the established
Neighborhood Revitalization Strategy Areas, where need is greatest.
First time homebuyer obstacles include the purchase price of a single-family homes, credit issues and
unemployment/underemployment. The City provides first time homebuyers educational opportunities
and down payment and closing cost assistance.
In FY 2017-2018, the City provided $63,840 in CDBG funds and $137,000 in SHIP funds to Habitat for
Humanity of Pinellas County, Inc. for acquisition of 3 vacant lots to construct 3 single-family homes;
$166,611 in HOME funds and $55,537 in SHIP funds to Community Service Foundation to acquire 7
rental-units; $200,000 in CDBG funds and $75,000 in SHIP funds to Woodlawn Trail Apartments, an 80-
unit apartment complex for extremely-low to low-income families; $75,000 in SHIP funds for Madison
Point, LLC, an 80-unit apartment complex for extremely-low to low-income elder individuals; $73,876 in
HOME funds and $249,958 in SHIP funds to Abilities of St. Andrews Cove to rehabilitate 6 rental units for
extremely-low to low-income families with special needs; $133,968 in HOME funds and $40,000 in SHIP
funds for down payment and closing cost assistance to 10 families; and $18,172 in CDBG Revolving Loan
funds, $321,027 in SHIP funds and $2,712 in Pinellas County Housing Trust Funds to rehabilitate
10 owner-occupied dwellings.
CAPER 22
The City provided $5,625 in SHIP funds to Tampa Bay Community Development Corporation and $4,060
in SHIP funds to Clearwater Neighborhood Housing Services, Inc. for homebuyer education/counseling
that assisted 138 individuals. The City provided $4,000 in HOME funds and $2,000 in SHIP funds to
Tampa Bay Community Development Corporation and $3,000 in HOME funds and $1,000 in SHIP funds
to Clearwater Neighborhood Housing Services, Inc. for down payment and closing cost processing fees
that assisted 10 families.
These activities preserve the existing housing stock through acquisition, rehabilitation and construction
of affordable rental units; rehabilitation of aging single-family homes; the increase of available
affordable homes through new construction and improved access; homebuyer education; and down
payment and closing cost assistance for qualified low- to moderate-income households.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
Lead based paint continues to be a problem throughout cities across the United States. It is usually
prevalent in homes built prior to 1978. The City maintains that lead based paint is a serious issue and
conducts housing inspections to determine if there are defective paint surfaces. If lead conditions are
present, the lead paint is either removed or covered in a manner prescribed by HUD. The City continues
its effort to rid structures of lead based paint and inspects homes built prior to 1978 for any presence of
lead based paint. If the presence of lead based paint is found, the City requires removal of the paint as
part of its down payment and closing cost assistance and rehabilitation programs. In FY 2017-2018, the
City removed lead based paint in 4 homes.
Additionally, the City continues to coordinate with agencies in the Clearwater area that screen residents
for elevated blood lead levels (EBL) and inspect housing units for lead based paint hazards. These
agencies include the Pinellas County Health Department and the Clearwater and Pinellas County housing
authorities, among others. The City places information about lead based paint and safety on the City’s
Housing Division webpage. Program activities include: Assurance that children identified as at risk
receive blood lead testing and a child with elevated lead levels receives follow-up care; promotion of a
public awareness campaign through education and disbursement of educational materials via physicians
and the community; routine placement of educational materials on the City’s Affordable Housing
Division webpage; assessment of homes at risk to identify lead hazard control services to eliminate
hazards identified in homes; initiation of supportive lead hazard control services to eliminate hazards
identified in homes; and evaluation of prevention activities to measure the impact and outcome of
program services and intervention efforts in the community.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
According to the 2016 City-Data.com estimates, 21.5% of people living in the City of Clearwater are at
poverty level or below. To combat this statistic, the City continued to coordinate with a number of
agencies that support poverty-level families. These agencies provide services to other homeless and
non-homeless special needs populations, as well as to low- to moderate-income families. Such services
include referrals to affordable housing; employment assistance; job training; and economic opportunity.
CAPER 23
In FY 2017-2018, the City provided $12,892 to Intercultural Advocacy Institute, Inc. that assisted 40
individuals; $11,496 to Miracles Outreach Community Development Center, Inc. that assisted 46
individuals; $3,765 to FYI Community Partnership, Inc. that assisted 912 individuals; $11,212 to Pinellas
Opportunity Council, Inc. that assisted 39 individuals; and $1,134 to The Arc Tampa Bay, Inc. that
assisted 10 individuals. All five organizations provided for family advocacy and mentoring toward
academic and employment success or self-sufficiency. Intercultural Advocacy Institute, Inc. served
Clearwater’s Hispanic community, primarily in the East Gateway Neighborhood Revitalization Strategy
Area; FYI Community Partnership, Inc. served residents primarily in the Lake Bellevue Neighborhood
Revitalization Strategy Area; Miracles Outreach Community Development Center, Inc. served youth
throughout the city; Pinellas Opportunity Council, Inc. served the frail-elderly throughout the city; and
The Arc Tampa Bay, Inc. served mentally-challenged adults throughout the city.
In FY 2017-2018, the City provided $30,000 in CDBG funds to Tampa Bay Black Business Investment
Corporation (TBBBIC) that assisted 79 individuals/businesses and provided $30,000 in CDBG funds to
Hispanic Business Initiative Fund of Florida, Inc. – dba Prospera that assisted 73 individuals/businesses.
Both organizations provided technical assistance to small businesses and entrepreneurs. TBBBIC served
residents/entrepreneurs located primarily in the North Greenwood Neighborhood Revitalization
Strategy Area and Prospera served Clearwater’s Hispanic community primarily in the East Gateway
Neighborhood Revitalization Strategy Area.
The City provided $40,000 to Clearwater Brewing Company, a new business, for a façade improvement
loan-to-grant for the removal of slum and blight located in the North Greenwood Neighborhood
Revitalization Strategy Area, Census Tract 261.
Through the coordination of programs, including the Environmental Protection Agency; State
Brownfields Redevelopment Initiatives; Juvenile Welfare Board; United Way; the Eckerd Foundation;
Career Source Pinellas; and the University of South Florida; the City continued to expand its efforts to
reduce impediments.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City continued to work with its own departments and various housing and public service providers,
as well as partners of their programs, in an effort to expand opportunities and to make continuous
improvements to the institutional structure. Continued actions will include solicitation of feedback on
referral processes and other means of coordination between such providers and the City of Clearwater.
In FY 2017-2018, the City supported an array of activities that strengthen the institutional structure’s
ability to serve persons of extremely-low to moderate-income; persons with special needs; and the
homeless population. These activities include case management; emergency shelter; transitional
housing; behavioral and mental health services; supportive services for the elderly; facilities for the
disabled; referrals to appropriate housing providers; affordable housing unit construction and
rehabilitation; homebuyer education; down payment assistance; and access to economic opportunity
technical assistance.
CAPER 24
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
The City continued to coordinate with housing and public service providers to develop an effective
institutional structure and enhance inter-agency coordination.
The City continued to work with the Clearwater and Pinellas County Housing Authorities, to improve
access to public housing and tenant-based assistance. Although funding for public housing authorities is
limited, and competition for affordable housing is high. These agencies continued to provide housing-
related activities to include rental assistance; rehabilitation; and new construction for low- to moderate-
income individuals. Input from public housing authorities is solicited during preparation of the City’s
Annual Action Plan.
Additionally, the City promotes coordination between non-profit and private for-profit housing
providers through its Neighborhood and Affordable Housing Advisory Board (NAHAB); through the SHIP-
mandated Affordable Housing Advisory Committee (AHAC) in conjunction with the Local Housing
Assistance Plan and Local Housing Incentive Strategy reports; and through the Annual Action Plan
process. Moreover, annual meetings in conjunction with the Action Plan process provides an
opportunity for these providers to interact.
Public service providers in the greater Clearwater area provide a wide array of services to extremely-low
to moderate- income individuals. These organizations typically have a specific target population that
they serve (homeless individuals/families; persons with special needs or disabilities; extremely-low to
moderate-income families) and possess a level of knowledge and expertise that is invaluable when
identifying underserved needs. The continuation and expansion of these public services were
encouraged by means of matching programs with funding, as available. The City recognizes that
improved coordination between housing and public service providers will continue to be a critical action
toward preventing homelessness. Therefore, input from public service providers is regularly solicited
during preparation of the City’s Annual Action Plan.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
In FY 2016-2017, Pinellas County’s Office of Human Rights and the Community Development and
Planning Division of the Planning Department prepared a countywide Analysis of Impediments to Fair
Housing Choice (Analysis) which included the City of Clearwater. Data from the Analysis suggested that
the following types of impediments exist: Areas of Discrimination; Areas of Limited Opportunity; and
Condition of Housing Stock.
The City funded programs that offer free classes for persons interested in homeownership, as well as
provides outreach and training in fair housing. In FY 2017-2018, the City provided $5,625 in SHIP funds
to Tampa Bay Community Development Corp. and $4,060 in SHIP funds to Clearwater Neighborhood
Housing Services, Inc. and assisted 138 individuals. The City’s efforts are furthered through partnerships
CAPER 25
with the Pinellas Realtor Organization which subscribes to the Affirmative Marketing Agreement and the
Bay Area Apartment Association; both entities work to educate its members on Fair Housing issues.
The City supported self-help initiatives based on volunteers providing housing assistance to designated
elderly and indigent property owners and assisted them in complying with municipal housing codes to
include individual volunteers; community and religious organizations/institutions; and businesses as a
means of supplementing financial resources for housing repair and neighborhood cleanups to include
Paint Your Heart Out and United Way’s Day of Caring.
The City established the Affordable Housing Advisory Committee (AHAC), that provides oversight and
review of incentives that will encourage the development of affordable housing. The AHAC provides
recommendations to the City when there are changes to be considered that will facilitate the removal of
barriers.
Inquiries from extremely-low to moderate-income tenants are often referred to the City’s Code
Enforcement staff. Tenants often seek remedies for actual or perceived Housing Code violations in their
rental unit that the landlord or property management company may have declined to address or for
repairs that are being addressed by the landlord at an unacceptable pace for the tenant. City code
enforcement staff provides general information on code enforcement alternatives and remedies as well
as the State’s landlord tenant law. Some tenants are referred to pro bono or low-cost legal assistance
programs to serve tenants needs.
While the City does not provide legal services, the City provided $15,712 in CDBG funds to Gulfcoast
Legal Services, Inc. to provide civil legal aid related to housing related matters. Also, Pinellas County
Clerk of the Circuit Court operates three legal self-help centers to assist Pinellas County citizens on
representing themselves in court in regard to family law; small claims; or landlord/tenant matters. The
self-help centers provide consultation with an attorney for a minimal fee; forms and packets for civil
court actions; document notary; and copying services.
CAPER 26
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the
plan and used to ensure long-term compliance with requirements of the programs involved, including
minority business outreach and the comprehensive planning requirements
The City is responsible for monitoring all agreements administered under its CDBG and HOME programs,
advising subrecipients on their performance, and ensuring compliance with Federal rules and
regulations corresponding to the funding source. Monitoring is necessary to ensure that subrecipients
continue to meet expectations for timeliness, capacity, and reporting; and that activities continue to
meet National Objectives and other program goals. Through frequent monitoring, conflicts of interest
and opportunities for waste, mismanagement, fraud and abuse are minimized.
On-site monitoring visits occur at least annually depending on the risk-level of the subrecipient, or if
concerns were identified during a prior visit, on-site monitoring visits may occur more frequently to
determine compliance or until corrective actions are taken. Staff contacts the subrecipient by phone or
email to schedule a monitoring visit and follows-up with a formal Notification Letter to the recipient at
least two weeks prior to the scheduled visit. The Notification Letter includes confirmation of the date;
time and duration of the visit; a description of the purpose for the monitoring visit; and identification of
the subrecipient representatives expected to be present and any office/meeting space that will be
required.
In preparation for an on-site monitoring visit, City staff reviews all documentation associated with the
subrecipient’s records, including but not limited to: original application for CDBG or HOME funding;
subrecipient agreement; requests for payment and corresponding documentation; monthly or quarterly
reports; documentation from previous monitoring visits; and copies of other audits performed.
At the beginning of the scheduled on-site monitoring visit, City staff holds an entrance conference with
the subrecipient’s Director and appropriate financial and program staff. The entrance conference
reiterates the schedule and purpose of the on-site monitoring visit and documents the subrecipient’s
participation. The entrance conference is used to convey the City’s responsibility to monitor the
subrecipient to determine whether the use of Federal funds is appropriate and consistent with the
agreement, even if the on-site monitoring visit presents an inconvenience for the subrecipient.
Within 30 days after the visit, the City mails a monitoring letter to the subrecipient that details the
results of the on-site monitoring visit. The letter identifies any Findings or Concerns as follows: Finding
– A violation of law or regulation that could result in a sanction; or Concern – A matter that, if not
properly addressed, could become a finding that could result in a sanction.
The monitoring letter details each Finding identified, if applicable, along with the corresponding
citation(s) of applicable laws, regulations, or program policies and the supporting fact(s) collected during
the on-site visit. For each Finding identified, the letter specifies the corrective action(s) that the
subrecipient must take along with a date specific by which the subrecipient must provide a written
response detailing how and by when the corrective action(s) will be taken.
CAPER 27
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
As required, reasonable notice for review and comment of the CAPER was provided; public notice of two
public meetings and public comment period was published in the Tampa Bay Times on October 26, 2018
advising of the availability of this performance report for viewing and public comment from November
2, 2018 through November 16, 2018. Both notices were placed on the City of Clearwater’s Affordable
Housing webpage located at www.myclearwater.com/affordablehousing. No comments were received
during the comment period.
CAPER 28
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
The programs administered during FY 2017-2018 were Housing; Homelessness; Non-Homeless Special
Needs; Community Development and Public Services; and Economic Development.
Housing includes: Tampa Bay Community Development Corporation - Down Payment Assistance;
Habitat for Humanity of Pinellas County – Single Family Homes; Clearwater Neighborhood Housing
Services, Inc. – Down Payment Assistance; CHDO – 15% Set-Aside; Revolving Loan Program –
Rehabilitation; Revolving Loan Program – Acquisition; Bright Community Trust – Single Family Homes;
HOME Rehabilitation/Purchase Assistance; SP Trail LLC – Woodlawn Project; and Housing Pool Activities.
Homelessness includes: Religious Community Services, Inc. – Grace House; Homeless Emergency
Project, Inc. – Emergency Shelter; and Homeless Emergency Project, Inc. – Baty Villas.
Non-Homeless Specials Needs includes: Pinellas Opportunity Council, Inc. – Chore Services and The Arc
Tampa Bay, Inc. – Employer Outreach.
Community Development and Public Services includes: Gulfcoast Legal Services, Inc. – Legal Services;
Miracles Outreach Community Development Center, Inc. – Youth Services; FYI Community Partnerships,
Inc. – Family Enrichment Services; Intercultural Advocacy Institute, Inc. – Youth Services; Westcare
GulfCoast Florida, Inc. – Substance Abuse Services; Directions for Mental Health, Inc. – Public Facilities
Improvements; and City of Clearwater Parks and Recreation – Philip Jones Park Improvements.
Economic Development includes: Business Development – Façade Improvements; Tampa Bay Black
Business Investment Corp. – Microenterprise Technical Support; and Hispanic Business Initiative Fund of
Florida, Inc. – dba Prospera - Microenterprise Technical Support.
One project was cancelled this fiscal year: Bright Community Trust – Single Family Homes. Bright
Community Trust was certified as a CHDO and utilized the 15% set-aside under HOME rules.
Construction is currently underway and is scheduled for completion in May 2019. The City did not utilize
their Revolving Loan program funds this fiscal year, but the City will actively pursue rehabilitation and
new construction projects utilizing Revolving Loan funds in fiscal year 2018-2019.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
CAPER 29
CR-50 - HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the
program to determine compliance with housing codes and other applicable regulations
Please list those projects that should have been inspected on-site this program year based
upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of
issues that were detected during the inspection. For those that were not inspected, please
indicate the reason and how you will remedy the situation.
Inspection of initial lease-up of rental housing units is conducted by City staff and ongoing inspections of
rental housing funded by HOME funds are also conducted by City staff or contracted compliance
monitoring agency. All HOME funded projects are monitored annually, either by a desk review or an on-
site inspection. A desk review includes compliance with income and rent eligibility requirements and
financial records. An on-site monitoring includes compliance with income and rent eligibility
requirements, financial reports, program records/files and is performed at least every two or three years
as applicable. The following identifies all projects that received an on-site or desk review in FY 2017-
2018:
• Abilities of Morningside II (2500-1 Harn Boulevard) – On Site - In Compliance
• Abilities of St. Andrews Cove (605 North Keene Road) –On Site – In Compliance
• Fulton Avenue Apartments (1602 Fulton Avenue) – Desk Audit - In Compliance
• Homeless Emergency Project (1250 Palmetto Street) – On Site - In Compliance
• Fairburn Apartments (1102 Fairburn Avenue) – On Site - In Compliance
• Kimberly Home, Inc. (114 North Missouri Avenue) – On Site - In Compliance
• Kimberly Home, Inc. (1192 Browns Court) – On-Site - In Compliance
• Pineberry Apartments (1225 Highland Avenue) – On Site – In Compliance
• Prospect Towers (801 Chestnut Street) – On Site - In Compliance
• Garden Trail Apartments (609 Seminole Street) – Desk Audit - In Compliance
• Norton Apartments (1450 South Martin Luther King Jr. Avenue) – Desk Audit - In Compliance
• Lexington Apartments (1100 Missouri Avenue) – Desk Audit - In Compliance
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.
92.351(b)
As part of the HOME application, applicants are required to submit an affirmative marketing plan to the
County which must conform to the County’s affirmative marketing requirements. Monitoring of
affirmative marketing for HOME funded units is incorporated into the County’s overall monitoring
process. During each onsite monitoring visit, the City monitors subrecipients for compliance with
affirmative marketing requirements.
CAPER 30
Refer to IDIS reports to describe the amount and use of program income for projects,
including the number of projects and owner and tenant characteristics
HOME Program Income received during the program year totaled $766,000 and is broken down into the
following:
• Payments: $148,399
• Payoffs: $604,925
• Interest: $12,676
In FY 2017-2018, HOME funds were expended on 22 activities and administration/planning totaling
$1,745,100. Program Income was expended as it became available with 10% utilized for
administration/planning.
The following are racial and ethnic status of HOME program participants: White – 11 (50%),
Black/African American – 6 (27%), Multi-Racial/Other – 5 (23%); 7 program participants identified as
Hispanic.
The following are income levels of the HOME program participants: 6 were extremely-low (below 30%)
or 27%, 2 were low (between 30% - 60%) or 9% and 14 were moderate-income (between 60% - 80%) or
64%.
Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES
ONLY: Including the coordination of LIHTC with the development of affordable housing).
91.320(j)
During FY 2017-2018, the City continued to proactively support, develop and maintain affordable
housing. Utilizing CDBG, HOME, SHIP and Pinellas County Housing Trust Fund, the
City assisted 10 households to become first time homeowners through down payment and closing cost
assistance; assisted 10 homeowners to preserve their homes through rehabilitation; assisted Habitat for
Humanity of Pinellas County to acquire vacant land and construct 14 single family homes, 2 of which are
currently under construction; assisted Community Service Foundation to acquire 7 rental units, currently
being leased-up; assisted Abilities of St. Andrews Cove with funding to rehabilitate 6 rental units;
assisted 2 developers, SP Trail, LLC and Madison Point, LLC, with funding to construct 160 rental units in
coordination with Low Income Housing Tax Credits, both of which are currently under construction;
and ensured long-term availability by assisting Bright Community Trust, a CHDO, with acquisition and
rehabilitation funding for a single-family home that will be placed in a land trust upon completion.
The City continues to support national, state and local housing policies and continues to educate and
inform citizens and elected officials of the need for affordable housing.
CAPER 31
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9210-19
Agenda Date: 12/6/2018 Status: Public HearingVersion: 1
File Type: OrdinanceIn Control: Engineering Department
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Approve the request from the owner of property addressed 1285 S. Missouri Ave. to vacate a
gas line easement located on their property and pass Ordinance 9210-19 on first reading.
(VAC2019-01).
SUMMARY:
The property owner has requested the City vacate the 5-ft. gas line easement located on this
property as the owner moves forward with developing this site for commercial use.
There are no utilities present in this easement. All appropriate city departments have reviewed
this request and have no objection to this vacation.
Page 1 City of Clearwater Printed on 12/6/2018
[RE15-1313-080/227398/1]1
Ord. No. 9210-19
ORDINANCE NO. 9210-19
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING A PORTION OF A 5’ GAS LINE EASEMENT LYING IN THE
NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 29, RANGE 15,
PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner in fee title of real property described and depicted in Exhibit
“A” attached hereto and incorporated herein, has requested that the City vacate said
easement; and
WHEREAS, the City Council of the City of Clearwater, Florida finds that said
easement is not necessary for municipal use and it is deemed to be in the best interest of
the City and the general public that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
A portion of easement described as follows:
See Exhibit “A”
is hereby vacated, closed and released, and the City of Clearwater releases all of its
right, title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the Public Records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING ________________________________
PASSED ON SECOND AND FINAL
[RE15-1313-080/227398/1]2
Ord. No. 9210-19
READING AND ADOPTED ________________________________
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
________________________________________________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
L2L1 L3
L4L5L6L7MISSOURI AVENUE(R/W PER PLAT)JEFFORDS STREET
(60' R/W PER PLAT)
POINT OF COMMENCEMENT
NORTHWEST CORNER OF THE
NE 1
4 OF SECTION 22-19-15
F.E Hanousek's SubPlat Book 1, Page 41Lot 12North Line Northeast 1
4 Section 22-29-15
West Line Northeast 14 Section 22-29-155' Gas Easement
OR 6366-1043
MISSOURI AVENUEL8L9L11L12L13
L14
L15L17L16
L10
POINT OF
BEGINNINGF.E Hanousek's SubPlat Book 1, Page 41Lot 125' Gas Easement
OR 6366-1043
MISSOURI AVENUE(R/W PER PLAT)Vacating a portion of a 5' Gas easement described as follows:
Commence at the Northwest corner of the NE 1
4 of Section 22, Township 29 S, Range 15 E; thence S 00° 19' 18" E, along
the West line of the Northeast 1
4 of Section 22, Township 29 S, Range 15, a distance of 30.01'; thence S 89° 08' 38" E, a
distance of 56.01'; thence S 89° 06' 39" E, a distance of 36.09'; thence S 00° 52' 54" W, a distance of 15.38'; thence
S 00° 47' 36" W, a distance of 77.86'; thence S 00° 48' 28" W, a distance of 91.23'; thence S 00° 31' 51" E, a distance of
49.71'; thence S 00° 05' 27" E, a distance of 133.97'; thence S 00° 24' 34" E, a distance of 37.66'; thence S 01° 44' 21" W,
a distance of 11.87'; thence S 01° 02' 31" W, a distance of 32.00'; thence S 01° 11' 31" W, a distance of 48.87'; thence
S 89° 11' 39" E, a distance of 30.25' to a Point of Beginning; thence S 89° 11' 39" E, a distance of 5.00'; thence
S 00° 48' 21" E, a distance of 80.00'; thence S 89° 11' 39" W, a distance of 5.00'; thence N 00° 48' 21" W, a distance of
80.14' to the Point of Beginning.
L2
L3
Line #Bearing
S 89° 08' 38" E
S 89° 06' 39" E
Distance
56.01'
36.09'
L1 S 00° 19' 18" E 30.01'
Line Table
L5
L6
S 00° 47' 36" W
S 00° 48' 28" W
77.86'
91.23'
L4 S 00° 52' 54" W 15.38'
L8
L9
S 00° 05' 27" E
S 00° 24' 34" E
133.97'
37.66'
L7 S 00° 31' 51" E 49.71'
L11
L12
S 01° 02' 31" W
S 01° 11' 31" W
32.00'
48.87'
L10 S 01° 44' 21" W 11.87'
L13
L14
S 89° 11' 39" E 30.25'
5.00'
L16
L17
S 89° 11' 49" W 5.00'
80.14
L15 S 00° 48' 21" E 80.00'
N 00° 48' 21" W
S 89° 11' 39" E
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY CHECKED BY
DATE DRAWN
SEC-TWNSP-RNG
DWG. NO.SHEET
OFExhibit "A"
Vacation for a Portion of a 5' Gas Easement
at 1285 Missouri AvenueLee Cheek 11/8/18
Lgl_2018-16 1 1
22 29 15
Legal Description
S MISSOURI AVE JEFFORDS ST
AERIAL MAP
5' Gas Line Easement to Vacate
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com WD RB N.T.S.306B 22-29s-15e10/26/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
1285 S Missouri Ave
Document Path: V:\GIS\Engineering\Location Maps\1285 S Missouri Ave.mxd
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5449
Agenda Date: 12/6/2018 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 8.3
SUBJECT/RECOMMENDATION:
Provide direction on the proposed first amendment to an existing Development Agreement
between NESC, LLC (the property owner) and the City of Clearwater for property located at 443
East Shore Drive, which includes a revision to the number of overnight accommodation units,
revises the notice addresses for the developer, includes a revision to Exhibit B to provide new
conceptual site plans and elevations, and confirm a second public hearing in City Council
Chambers before City Council on January 17, 2019 at 6:00 p.m., or as soon thereafter as may
be heard. (HDA2012-03001A)
SUMMARY:
Site Location and History:
The 1.26-acre subject property is located at the northeast corner of East Shore Drive and
Papaya Street. The site is zoned Tourist (T) District with an underlying Future Land Use Plan
(FLUP) category of Resort Facilities High (RFH) and is located within the Marina District of
Beach by Design.
On June 19, 2012, the Community Development Board approved a project consisting of 134
overnight accommodation units, a 6,500 square foot restaurant, a 50-slip marina, and 15-foot
wide boardwalk along the seawall of the property. Subsequently, at its meeting of July 27, 2012,
the City Council entered into a Development Agreement with the developer of this project, and
as part of this Agreement the Council assigned 71 units from the Hotel Density Reserve to the
project to achieve 134 overnight accommodation units.
Development Proposal:
The developer is proposing to increase the number of overnight accommodation units within
the project from 134 to 139 via two separate Transfers of Development Rights of two and three
units each. The additional rooms are to be accommodated within previously approved “cabana
units,” which were not considered to be rooms for overnight stay, and as such there is no
expansion of the building needed to accommodate these new rooms. The development already
includes sufficient off-street parking to meet the requirement of the additional rooms. The
changes to the Development Agreement are listed below.
Development Agreement:
§The 7th recital is deleted and replaced to provide for an updated room count;
§Section 4.1 is deleted and replaced to provide for an updated room count and density;
§Section 13: the addresses for the Developer are deleted and replaced with updated
information; and,
§Exhibit “B” is deleted and replaced with updated site and building places reflecting the
updated room count.
Page 1 City of Clearwater Printed on 12/6/2018
File Number: ID#18-5449
Consistency with the Community Development Code (CDC):
At its meeting of June 19, 2012, the Community Development Board found the development
proposal to be consistent with the applicable provisions of the CDC. No aspect of those
provisions is being modified as part of this proposal.
Consistency with Beach by Design:
At its meeting of June 19, 2012, the Community Development Board found the development
proposal to be consistent with the applicable provisions of Beach by Design. No aspect of
those provisions is being modified as part of this proposal.
Hotel Density Reserve:
The project was previously reviewed for compliance with those criteria established within
Beach by Design concerning the allocation of hotel rooms from the Reserve and the project
was found to be consistent with those criteria, including that the development comply with the
Metropolitan Planning Organization ’s (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements, is consistent
with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach
by Design. The proposed first amended and restated amendment to the existing Development
Agreement will be in effect for a period not to exceed ten years, meets the criteria for the
allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the
following main provisions:
§Provides for no change in the number of units (71 units) allocated from the Hotel Density
Reserve (previously approved as part of DVA2012-03008/Resolution No. 12-07);
§Revises Exhibit B which includes new conceptual site plans, architectural drawings,
elevations and perspectives;
§Requires the developer to obtain building permits within one year of approval of the
amended and restated Development Agreement and certificates of occupancy in
accordance with CDC Section 4-407;
§Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
§For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel
unit to a residential use and requires the recording of a covenant restricting use of such
hotel units to overnight accommodation usage; and,
§Requires a legally enforceable mandatory evacuation /closure covenant that the hotel will be
closed as soon as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to CDC Section 4-606.I., a Development Agreement may be amended by mutual
consent of the parties, provided the notice and public hearing requirements of CDC Section
4-206 are followed. Revisions to conceptual site plans and /or architectural elevations attached
as exhibits to this Development Agreement shall be governed by the provisions of CDC Section
4-406. Minor revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment to this
Development Agreement.
Page 2 City of Clearwater Printed on 12/6/2018
AMENDMENT TO DEVELOPMENT AGREEMENT
THIS AMENDMENT TO DEVELOPMENT AGREEMENT (“AGREEMENT”) is dated
the _____ day of _______________, 2018, and entered into by and between NESC, LLC, a
Florida limited liability company, successor in interest to Louis Development, LLC
(“Developer”), its successors and assigns, and the CITY OF CLERWATER, FLORIDA, a
municipality of the State of Florida acting through its City Council, the governing body thereof
(“City”).
WITNESSETH:
WHEREAS, Developer and the City entered into that certain Development Agreement
dated July 27, 2012 (the “Development Agreement”) a full copy of which is attached hereto as
Exhibit 1 relating to that certain real property located at 443 East Shore Drive, Clearwater, FL
33767 (the “Property”); and
WHEREAS, Developer and the City acknowledge and agree that a minor revision to the
design of the Project which is the subject of the Development Agreement was approved by the
Community Development Coordinator pursuant to Section 4-406(A) of the Community
Development Code on August 22, 2018; and
WHEREAS, on October 1, 2018, Developer filed two applications to transfer a total of
five overnight accommodation units from 22 Bay Esplanade and 699 Bay Esplanade to 443 East
Shore; and
WHEREAS, pursuant to the Developer’s applications to transfer density rights to the
Project the Developer and the City agree to increase the number of total number of overnight
accommodation units in the Project from 134 to 139 units, to increase the required parking
spaces from 177 spaces to 187 spaces, and to amend certain other provisions of the Development
Agreement as set forth herein;
NOW THEREFORE, in exchange for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Developer and the City agree as follows:
RECITALS:
1. The recitals listed above are true and correct and incorporated herein by reference.
AMENDMENT TO RECITALS:
2. The seventh (7th) recital of the Development Agreement is hereby deleted and the
following is substituted in lieu thereof:
“WHEREAS, upon completion the planned resort will contain 139 units, which
includes Seventy-One (71) units from the available Beach by Design Hotel Density
Reserve;”
3. Amendment of SECTION 4. Scope of Project. Section 4.1 is hereby deleted, and the
following is substituted in lieu thereof:
“4.1 The Project (“Project”) shall consist of no more than 139 overnight
accommodation units, to be traditional overnight accommodation units. The
proposed density is 110.32 units per acre, which is well below the allowed 150 units.”
4. Section 4.2 is hereby deleted, and the following is substituted in lieu thereof:
“4.2 The Project (“Project”) shall include 187 parking spaces as defined in the
Community Development Code, 167 of the parking spaces shall be dedicated to the
139 overnight accommodation units, and 17 spaces shall be dedicated to the public
boat slips.”
5. Amendment of SECTION 13. Notices. The notice addresses for Developer are hereby
deleted, and the following is substituted in lieu thereof:
“If to the Developer: NESC, LLC
David Leatherwood
500 Sawgrass Place
Sanibel, FL 33957
With Copy to: Brian J. Aungst, Jr., Esquire
Macfarlane Ferguson and McMullen
625 Court Street, Suite 200
Clearwater, FL 33756”
6. Amendment of Exhibit “B”. Exhibit “B” to the Development Agreement is hereby
deleted and Amended Exhibit “B” attached hereto is substituted in lieu thereof.
7. No Further Changes. Except as set forth herein there are no further changes,
amendments or modifications to the Development Agreement.
[ remainder of this page is blank – signature page follows]
Developer:
NESC, LLC
_______________________________ By: __________________________
Print Name: ____________________ David Leatherwood
_______________________________
Print Name: ____________________
As to “Developer”
City:
CITY OF CLEARWATER, FLORIDA
_______________________________ By: __________________________
Print Name: ____________________ William B. Horne II,
City Manager
_______________________________
Print Name: ____________________
As to “City”
Attest:
_________________________________
Rosemarie Call, City Clerk
Countersigned:
_________________________________
George N. Cretekos, Mayor
Approved as to Form:
_________________________________
Mike Fuino
Assistant City Attorney
AMENDED EXHIBIT “B”
Site and Building Plans
UP
UP
P A P A Y A S T R E E TE . S H O R E D R I V EFuture Marina (by Others)setback19' - 0"setback21' - 1 1/4" +/1Property Line
setback
8' - 5"setback5' - 0"setback
5' - 0"setback5' - 0"5
9
9
0' - 0"
0' - 0"
DRAWN
EDIT DATE
ISSUE DATE
SCALE
SHEET NAME
SHEET NUMBER
JOB NUMBERCopyright David L. Wallace and Associates, P.A. Duplication or reproduction by any means without the express written consent of David L. Wallace and Associates, P.A. is a violation of Federal and international law. The information contained on this document are the intellectual property of David L. Wallace and Associates, P.A. and all rights thereto are Reserved.Brand Version:
FL CoA: AA26001254
Hotel and guestrooms:
Gen 4.5 Twilight
Public spaces:
Gen 6 Cynergy
9/20/2018 8:09:56 PM
1" = 20'-0"
KJ
Site Plan (Reference)
A-1.1.0
05/13/16
14-201Courtyard by Marriott443 East Shore DriveClearwater Beach, FL 33767Louis Developments, LLCFFE:Refer to Civil Drawings
Site Area:0.94 acres MOL
Building Footprint:31,827 square feet
Number of Stories:7
Guest Rooms:134
Parking Spaces:
Accessible:8
Standard:162
Total:177
1.Refer to Civil Engineering Drawings for Finished Floor Elevation
(FFE).
2.Contractor shall coordinate, prior to the commencement of site work,
the finish floor elevation with the Civil Engineer and the Structural Engineer.
3..Information shown on the Site Reference Plan is based on
information provided by the owner or Civil Engineer / Site Planner.
4.The Contractor shall, prior to Commencement of construction or
Demolition, verify the location of all utilities.
5.Prior to the Commencement of Construction, the General Contractor
shall verify items identified on these drawings as existing. In the event of
discrepancies, he shall immediately notify the Office of the Architect,
6.Should field conditions differ from plans to such an extent that
additional costs or delays to the schedule are anticipatedd, the contractor
shall notify the Architect of such. The Architect, in conjunction with the
Owner, will determine the resolution.
7.Contractor must take all reasonable and customary precautions to
protect the Owner's property from damage due to construction operations.
The boundary of the Contractor's work and storage areas shall be mutually
agreed-to by conference.
8.Refer to Civil Engineering Drawings for site construction details,
incuding curb and gutter details and radious, and all other site related details.
9.Landscape design is not included within the scope of work
represented in these drawings.
Site Notes
Site Data
1" = 20'-0"1 Site Reference Plan
Parking Schedule
Level 1
ADA 12x18 (5' aisle) 2
Regular 9x18 37
Level 2
ADA 12x18 (5' aisle) 2
Regular 9x18 72
Level 3
ADA 12x18 (5' aisle) 2
Regular 9x18 72
Grand total: 187
Site Location Plan
Required Parking Calculations
Hotel:
134 rooms x 1.2 = 160
Marina:
50 slips total (34 public+ 16
Hotel)
34 public / 2 = 17
Total Parking Required
177
Revision Schedule
N
o Description Date
2 Marriott 60% 1 01-30-1
5
PREVIOUSLY APPROVED SUBMISSION
UP
UP
P A P A Y A S T R E E TE . S H O R E D R I V EFuture Marina (by Others)setback19' - 0"setback21' - 1 1/4" +/1Property Line
setback
8' - 5"setback5' - 0"setback
5' - 0"setback5' - 0"5
9
9
0' - 0"
0' - 0"
DRAWN
EDIT DATE
ISSUE DATE
SCALE
SHEET NAME
SHEET NUMBER
JOB NUMBERCopyright David L. Wallace and Associates, P.A. Duplication or reproduction by any means without the express written consent of David L. Wallace and Associates, P.A. is a violation of Federal and international law. The information contained on this document are the intellectual property of David L. Wallace and Associates, P.A. and all rights thereto are Reserved.Brand Version:
FL CoA: AA26001254
Hotel and guestrooms:
Gen 4.5 Twilight
Public spaces:
Gen 6 Cynergy
9/20/2018 8:09:56 PM
1" = 20'-0"
KJ
Site Plan (Reference)
A-1.1.0
05/13/16
14-201Courtyard by Marriott443 East Shore DriveClearwater Beach, FL 33767Louis Developments, LLCFFE:Refer to Civil Drawings
Site Area:0.94 acres MOL
Building Footprint:31,827 square feet
Number of Stories:7
Guest Rooms:134
Parking Spaces:
1.Refer to Civil Engineering Drawings for Finished Floor Elevation
(FFE).
2.Contractor shall coordinate, prior to the commencement of site work,
the finish floor elevation with the Civil Engineer and the Structural Engineer.
3..Information shown on the Site Reference Plan is based on
information provided by the owner or Civil Engineer / Site Planner.
4.The Contractor shall, prior to Commencement of construction or
Demolition, verify the location of all utilities.
5.Prior to the Commencement of Construction, the General Contractor
shall verify items identified on these drawings as existing. In the event of
discrepancies, he shall immediately notify the Office of the Architect,
6.Should field conditions differ from plans to such an extent that
additional costs or delays to the schedule are anticipatedd, the contractor
shall notify the Architect of such. The Architect, in conjunction with the
Owner, will determine the resolution.
7.Contractor must take all reasonable and customary precautions to
protect the Owner's property from damage due to construction operations.
The boundary of the Contractor's work and storage areas shall be mutually
agreed-to by conference.
8.Refer to Civil Engineering Drawings for site construction details,
incuding curb and gutter details and radious, and all other site related details.
9.Landscape design is not included within the scope of work
represented in these drawings.
Site Notes
Site Data
1" = 20'-0"1 Site Reference Plan
Parking Schedule
Level 1
ADA 12x18 (5' aisle) 2
Regular 9x18 37
Level 2
ADA 12x18 (5' aisle) 2
Regular 9x18 72
Level 3
ADA 12x18 (5' aisle) 2
Regular 9x18 72
Grand total: 187
Site Location Plan
Required Parking Calculations
Hotel:
13 rooms x 1.2 = 160
Marina:
50 slips total (34 public+ 16
Hotel)
34 public / 2 = 17
Total Parking Required
177
Revision Schedule
N
o Description Date
2 Marriott 60% 1 01-30-1
5
.94
.94 17
18 4
REVISED SUBMISSION: 10/8/18
D
C
24 X
36
24 X
48
24 X
48
24 X
48
24 X
48 24 X6024 X
42
24 X
48 24 X36D30DISPLAY12 LIQUORTS12HSNDTS12TRABBS84BACKBAR3DOOR84"PERLICKDDDC
21 X4221 X6021 X4221 X42GGDCUP
UP
UP
A-4.1.0
A-4.1.0
A-4.2.0
A-4.2.0
2
1
1
1
1
2
2
3
3
4
4
5
5
7
7
9
9
10
10
11
11
12
12
13
13
B B
C C
D D
E E
F F
G G
1.5
1.5
13.5
13.5
2
A-5.0.0
1
A-5.0.1
2
A-5.0.1
2
A-5.0.1
1
A-5.1.0
2
A-5.1.0
2
A-5.1.1
Balconies above
Lobby
001
Elevator Lobby
003Buisness Library
002
Meeting 1
026B
Comm. / Storage
025
Laundry
007
Fitness
009
8
8
6
6
1
A-5.0.0
Kitchen
022
Break Room
013
Cabana Suite A
443
QQ
444
Cabana Suite B
445
King Acc
446
QQ Extended
Suite
447
King
448
King B
438
QQ
440
QQ
442
King
436
QQ Ext.Suite
401
King
402
Cabana Suite B
403
King
404
Cabana Suite A
405
QQ
406
Cabana Suite A
407
QQ
408
QQ
410
King B
412
King
414
Meeting 2
026A
A-6.1.1
4
A-3.1.1
4
A-2.1.4
1
S S
H H
U
009a
South Corridor
010
North Corridor
033
105e104f
Linens
006
Guest Laundry
008
Louvers
442d
444d
440d
444d
446d
410d
408d
406d
404d
438d 412d
034a
034f
Chute Room
005
010
Bistro / Bar
001A
024a
029
027
033
Men's
029
Women's
027
Family Pool Toilet
030
Men's Pool Toilet
031
Women's
Pool Toilet
032
030 031 032
Work
018
Office
020
STG
014
Women
016
Men
015
HsKp
012
Pool
034a
Stair # 2
105
436c
438c
440c
414c
442c
444c
448c
445c
443c
410c
408c
406c
402c
405c
407c
412c
447c
A-3.1.1
2
438b
436b
412b
405b
403
401
402
401b401c
406
406b
408b
408
410
410b
407c
012
011
414b
Market
001B29' - 4"Note: Pool design by others
W10 W10
W10
W5
W5
W5
W10
W14
W10
W10
W14
W10
W14
W14
W5
W5
W10
W10
QJJ
J
K
L
L
L
L
L
L
L
L
J
K
K
K K K KK K
R R
J
L
L
N
016 015
N
J
6' - 0"16' - 5"25' - 11"28' - 4"28' - 4"14' - 2"14' - 2"14' - 2"14' - 2"28' - 4"28' - 4"25' - 11"16' - 5"6' - 0"
266' - 8"
12' - 0 1/4"16' - 0"16' - 0"16' - 0"14' - 6"30' - 4"15' - 3"15' - 3"30' - 4"13' - 6"14' - 8 1/2"13' - 10"14' - 8 1/2"13' - 11"14' - 2"14' - 2"14' - 2"13' - 9"19' - 1"13' - 11"14' - 2"14' - 2"14' - 2"13' - 9"19' - 0"5' - 4"27' - 8"5' - 4"27' - 8"-
W24
W24
W24
W25
W25
W24 W24
W9
W24
W25
W25
W25
W10
W10
W9
W13
W10
W4
W5
W4
5' - 8"
5' - 8 1/4"
5' - 8 1/4"
W25
13' - 7"6' - 8 1/4"6' - 8"A-2.1.3
1
014P P P
Q Q JRLL
Computer
017
Office
021
R
AA
1' - 2 1/2"
113' - 8"29' - 4"113' - 8"16' - 7"256' - 8"
-
22' - 9"6' - 8"29' - 5"6' - 4"1
A-5.1.2
006
007b
018
021020022b
022
Reception
Lounge
Media Pods
Quick
Print
Check-in
Lounge
Card Readers at
Guest and service
Elevators
W24
W27
025 026d 026c 026b 026a
026e
026f
Jan
028028
024
023
Office
019
Media Pods
STG
024
STG
023
022a
019
034d
House
Telephone
A-3.1.1
5
412
407
405
404
440
442
446a
408a
R
Cart storage
Card
Reader
034b
Hydration
Station
414
008
A-2.1.5
1
134' - 8"17' - 4"7' - 8"Q Q J
LL
J
K
034c
2
14' - 0"30' - 10"11' - 4"2' - 10"11' - 4"14' - 0"29' - 4"3' - 4"6' - 8"1' - 4"6' - 8"1' - 4"6' - 8"3' - 6 1/2"29' - 1 3/4"11' - 3 3/4"2' - 4 1/2"11' - 4"3' - 4"11' - 4"6' - 7 3/4"6' - 8"5' - 6 3/4"6' - 5 1/4"5' - 6 1/2"4' - 1 1/4"7' - 4"2' - 6 3/4"
102N
W10
ELV 4
1-4
ELV 2
4-8
ELV 1
4-8
ELV 3
1-4
5-8 Key
Acc only
HR4A
HR4B
5' - 0"10' - 4 1/2"5' - 0"
009b
5' - 1"DR4HP4HP4AElectrical
004
STG
011
Pool Deck
034
A-6.1.3
4
4' - 1 1/2"L
L
L
L
W10
DRAWN
EDIT DATE
ISSUE DATE
SCALE
SHEET NAME
SHEET NUMBER
JOB NUMBERCopyright David L. Wallace and Associates, P.A. Duplication or reproduction by any means without the express written consent of David L. Wallace and Associates, P.A. is a violation of Federal and international law. The information contained on this document are the intellectual property of David L. Wallace and Associates, P.A. and all rights thereto are Reserved.Brand Version:
FL CoA: AA26001254
Hotel and guestrooms:
Gen 4.5 Twilight
Public spaces:
Gen 6 Cynergy
9/20/2018 8:10:16 PM
3/32" = 1'-0"
KJ
Level 4 Floor Plan
A-1.1.4
05/13/16
14-201Courtyard by Marriott443 East Shore DriveClearwater Beach, FL 33767Louis Developments, LLC3/32" = 1'-0"1 Level 4
Revision Schedule
N
o Description Date
1 Marriott 30% 12-10-1
4
2 Marriott 60% 1 01-30-1
5
3 Marriott 60% 2 02-02-1
6
4 Marriott 90% 2 07-08-1
6
7 City Comments
DO minor 1
10-14-1
7
8 Trademark
changes
06-06-1
8
PREVIOUSLY APPROVED SUBMISSION
D
C
24 X
36
24 X
48
24 X
48
24 X
48
24 X
48 24 X6024 X
42
24 X
48 24 X36D30DISPLAY12 LIQUORTS12HSNDTS12TRABBS84BACKBAR3DOOR84"PERLICKDDDC
21 X4221 X6021 X4221 X42GGDCUP
UP
UP
A-4.1.0
A-4.1.0
A-4.2.0
A-4.2.0
2
1
1
1
1
2
2
3
3
4
4
5
5
7
7
9
9
10
10
11
11
12
12
13
13
B B
C C
D D
E E
F F
G G
1.5
1.5
13.5
13.5
2
A-5.0.0
1
A-5.0.1
2
A-5.0.1
2
A-5.0.1
1
A-5.1.0
2
A-5.1.0
2
A-5.1.1
Balconies above
Lobby
001
Elevator Lobby
003Buisness Library
002
Meeting 1
026B
Comm. / Storage
025
Laundry
007
Fitness
009
8
8
6
6
1
A-5.0.0
Kitchen
022
Break Room
013
443
QQ
444
445
King Acc
446
QQ Extended
Suite
447
King
448
King B
438
QQ
440
QQ
442
King
436
QQ Ext.Suite
401
King
402
403
King
404405
QQ
406407
QQ
408
QQ
410
King B
412
King
414
Meeting 2
026A
A-6.1.1
4
A-3.1.1
4
A-2.1.4
1
S S
H H
U
009a
South Corridor
010
North Corridor
033
105e104f
Linens
006
Guest Laundry
008
Louvers
442d
444d
440d
444d
446d
410d
408d
406d
404d
438d 412d
034a
034f
Chute Room
005
010
Bistro / Bar
001A
024a
029
027
033
Men's
029
Women's
027
Family Pool Toilet
030
Men's Pool Toilet
031
Women's
Pool Toilet
032
030 031 032
Work
018
Office
020
STG
014
Women
016
Men
015
HsKp
012
Pool
034a
Stair # 2
105
436c
438c
440c
414c
442c
444c
448c
445c
443c
410c
408c
406c
402c
405c
407c
412c
447c
A-3.1.1
2
438b
436b
412b
405b
403
401
402
401b401c
406
406b
408b
408
410
410b
407c
012
011
414b
Market
001B29' - 4"Note: Pool design by others
W10 W10
W10
W5
W5
W5
W10
W14
W10
W10
W14
W10
W14
W14
W5
W5
W10
W10
QJJ
J
K
L
L
L
L
L
L
L
L
J
K
K
K K K KK K
R R
J
L
L
N
016 015
N
J
6' - 0"16' - 5"25' - 11"28' - 4"28' - 4"14' - 2"14' - 2"14' - 2"14' - 2"28' - 4"28' - 4"25' - 11"16' - 5"6' - 0"
266' - 8"
12' - 0 1/4"16' - 0"16' - 0"16' - 0"14' - 6"30' - 4"15' - 3"15' - 3"30' - 4"13' - 6"14' - 8 1/2"13' - 10"14' - 8 1/2"13' - 11"14' - 2"14' - 2"14' - 2"13' - 9"19' - 1"13' - 11"14' - 2"14' - 2"14' - 2"13' - 9"19' - 0"5' - 4"27' - 8"5' - 4"27' - 8"-
W24
W24
W24
W25
W25
W24 W24
W9
W24
W25
W25
W25
W10
W10
W9
W13
W10
W4
W5
W4
5' - 8"
5' - 8 1/4"
5' - 8 1/4"
W25
13' - 7"6' - 8 1/4"6' - 8"A-2.1.3
1
014P P P
Q Q JRLL
Computer
017
Office
021
R
AA
1' - 2 1/2"
113' - 8"29' - 4"113' - 8"16' - 7"256' - 8"
-
22' - 9"6' - 8"29' - 5"6' - 4"1
A-5.1.2
006
007b
018
021020022b
022
Reception
Lounge
Media Pods
Quick
Print
Check-in
Lounge
Card Readers at
Guest and service
Elevators
W24
W27
025 026d 026c 026b 026a
026e
026f
Jan
028028
024
023
Office
019
Media Pods
STG
024
STG
023
022a
019
034d
House
Telephone
A-3.1.1
5
412
407
405
404
440
442
446a
408a
R
Cart storage
Card
Reader
034b
Hydration
Station
414
008
A-2.1.5
1
134' - 8"17' - 4"7' - 8"Q Q J
LL
J
K
034c
2
14' - 0"30' - 10"11' - 4"2' - 10"11' - 4"14' - 0"29' - 4"3' - 4"6' - 8"1' - 4"6' - 8"1' - 4"6' - 8"3' - 6 1/2"29' - 1 3/4"11' - 3 3/4"2' - 4 1/2"11' - 4"3' - 4"11' - 4"6' - 7 3/4"6' - 8"5' - 6 3/4"6' - 5 1/4"5' - 6 1/2"4' - 1 1/4"7' - 4"2' - 6 3/4"
102N
W10
ELV 4
1-4
ELV 2
4-8
ELV 1
4-8
ELV 3
1-4
5-8 Key
Acc only
HR4A
HR4B
5' - 0"10' - 4 1/2"5' - 0"
009b
5' - 1"DR4HP4HP4AElectrical
004
STG
011
Pool Deck
034
A-6.1.3
4
4' - 1 1/2"L
L
L
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W10
DRAWN
EDIT DATE
ISSUE DATE
SCALE
SHEET NAME
SHEET NUMBER
JOB NUMBERCopyright David L. Wallace and Associates, P.A. Duplication or reproduction by any means without the express written consent of David L. Wallace and Associates, P.A. is a violation of Federal and international law. The information contained on this document are the intellectual property of David L. Wallace and Associates, P.A. and all rights thereto are Reserved.Brand Version:
FL CoA: AA26001254
Hotel and guestrooms:
Gen 4.5 Twilight
Public spaces:
Gen 6 Cynergy
9/20/2018 8:10:16 PM
3/32" = 1'-0"
KJ
Level 4 Floor Plan
A-1.1.4
05/13/16
14-201Courtyard by Marriott443 East Shore DriveClearwater Beach, FL 33767Louis Developments, LLC3/32" = 1'-0"1 Level 4
Revision Schedule
N
o Description Date
1 Marriott 30% 12-10-1
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2 Marriott 60% 1 01-30-1
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3 Marriott 60% 2 02-02-1
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4 Marriott 90% 2 07-08-1
6
7 City Comments
DO minor 1
10-14-1
7
8 Trademark
changes
06-06-1
8
King A
King A
King A
QQ Extended
Suite QQ Ext.Suite
REVISED SUBMISSION: 10/8/18
EXHIBIT 1
Development Agreement dated July 27, 2012
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Resolution No. 19-01
RESOLUTION NO. 19-01
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AMENDING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND NESC, LLC;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and the Developer are parties to that certain Hotel Density
Reserve Development Agreement (the “Agreement”) dated July 27, 2012, and the
Agreement is attached as Exhibit “A;” and
WHEREAS, the City and the Developer desire to amend certain terms and
provisions of the Agreement, as more fully set forth in the attached Exhibit “B;” and,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section1. The FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE
DEVELOPMENT AGREEMENT between the City of Clearwater and NESC, LLC, a
copy of which is attached as Exhibit “B,” is hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk is directed to submit a recorded copy of the
Development Agreement to the state land planning agency no later than fourteen (14)
days after the Development Agreement is recorded.
PASSED AND ADOPTED this _______ day of _____________, 2019.
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Michael P. Fuino Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: TA2018-04002
Agenda Date: 12/6/2018 Status: Public HearingVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 8.4
SUBJECT/RECOMMENDATION:
Approve amendments to Appendix C, Downtown Zoning District and Design Standards of the
Community Development Code, to establish new sign regulations for the Downtown District
and pass Ordinance 9217-19 on first reading. (TA2018-04002)
SUMMARY:
Two major initiatives were approved for Downtown in 2018. One was the update of the
Clearwater Downtown Redevelopment Plan and the other was the adoption of a new formed
based code zoning code. The goals of these efforts are to create a thriving urban core that has
a dense, livable development pattern, quality urban design and a high -quality public realm .
Signage can play an important role in defining an area ’s brand and attracting customers to an
area. Well-designed signs made with quality materials and coordinated with the overall
building/storefront design play an important role in creating a vibrant street environment .
Signage that is not well thought -out and of low quality design and materials can detract from an
area and send a negative message to potential investors and customers. To aid in the creation
of a dynamic urban environment as envisioned by the Downtown Plan, new sign regulations
are proposed for the Downtown District.
At present, all sign requirements are located in Article 3, Division 18 Signs. Ordinance No.
9217-19 proposes to revise and relocate sign regulations applicable to the Downtown District to
Appendix C, Division 7. Below is a summary of the substantive provisions of this ordinance.
·Deletes regulations specific to Downtown in Article 3, Division 18, as well as the
Clearwater Downtown Redevelopment Plan. Provides new language in their place to
direct users to Appendix C, Division 7.
·Amends Article 4, Division 10 Sign Permit to ensure signs erected in Downtown are
subject to the sign permit requirements.
·Provides for definitions of various types of signs
·Establishes rationale for sign standards specific to the Downtown District.
·Clarifies that certain requirements in Article 3, Division 18 will continue to apply to
Downtown including those pertaining to exempt signs, prohibited signs and temporary
signs.
·Establishes the design principle of a sign hierarchy to guide sign planning involving
multiple signs.
·Increases amount of building signage allowed.
·Increase the area of allowable freestanding signage.
·Allows multiple signs to be erected within certain parameters (numbers, design, etc.)
·Revises window sign allowances due to increases in the area and number of allowable
building signs.
Page 1 City of Clearwater Printed on 12/6/2018
File Number: TA2018-04002
·Establishes skyline signs for high-rise buildings.
·Provides for higher quality signs and prohibits certain lower quality sign
designs/materials based on existing code requirements and former Downtown design
guidelines.
·Provides standards for the allowable sign type in terms of number of signs allowed per
establishment/building or parcel, dimensional requirements and other standards.
The Planning and Development Department has determined that the proposed text
amendments to the Community Development Code are consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan and the Community Development Code as
outlined in the staff report. The Community Development Board (CDB) will review the
proposed text amendment at its meeting of November 20, 2018 and staff will report its
recommendation at the meeting.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 12/6/2018
1
ORDINANCE NO. 9217-19
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 3, DIVISION 18. SIGNS, SECTION 3-1807,
REMOVING SIGN REGULATIONS SPECIFIC TO THE DOWNTOWN
ZONING DISTRICT AND INDICATING SUCH REGULATIONS ARE
PROVIDED FOR IN APPENDIX C, DOWNTOWN ZONING DISTRICT AND
DESIGN STANDARDS; AMENDING ARTICLE 4, DIVISION 10. SIGN
PERMIT, SECTION 4-1001 ADDING A REFERENCE TO APPENDIX C,
DIVISION 7 SIGN STANDARDS; AMENDING APPENDIX C, DOWNTOWN
ZONING DISTRICT AND DESIGN STANDARDS, DIVISION 7. SIGN
STANDARDS (RESERVED), ESTABLISHING NEW SIGN STANDARDS
SPECIFIC TO THE DOWNTOWN ZONING DISTRICT INCLUDING THE
MAXIMUM ALLOWABLE NUMBER OF SIGNS AND SIGN AREA, AS
WELL AS DESIGN CRITERIA; AMENDING ARTICLE 8. DEFINITIONS
AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS
RELATED TO SIGNAGE; CERTIFYING CONSISTENCY WITH THE
CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council adopted the updated and amended Clearwater
Downtown Redevelopment Plan as the Special Area Plan for Downtown Clearwater on
March 1, 2018 which reaffirmed the City’s vision for Downtown Clearwater as the urban
core and heart of the City which will be an attractive place to live, work, shop and play;
and
WHEREAS, to achieve this vision, the Clearwater Downtown Redevelopment Plan
policies called for new development standards to be adopted into the Community
Development Code to ensure Downtown redevelops as an economically vibrant, transit-
and pedestrian-supportive mixed-use environment with quality urban design, a high
quality public realm, and a dense and livable pattern of devel opment; and
WHEREAS, on August 2, 2018, the City of Clearwater adopted Ordinance No.
9149-18 that established Appendix C, Downtown Zoning District and Design Standards,
and reserved Division 7 for Sign Standards; and
WHEREAS, the City of Clearwater finds and determines that limitations on signs
are related to the zoning districts for the parcels and properties on which they are located;
and
WHEREAS, the City of Clearwater has determined that sign regulations unique to
Downtown are warranted to create an inviting visual environment, lively streetscape and
2
vibrant Downtown consistent with the vision, goals and objectives of the Downtown
Clearwater Redevelopment Plan and Downtown Zoning District and Design Standards;
and now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3, Development Standards, Section 3 -1807, Permitted
Signs Requiring Development Review, be amended to read as follows:
Section 3-1807 – Permitted signs requiring development review.
* * * * * * * * * *
.
B. Non-residential. All signs must be architecturally integrated into the design of the
building and/or site using similar and coordinated design and style features,
materials and colors. Attached signs shall be horizontally and vertically
proportionately located on each façade with no protrusions above roof lines, over
windows, trim, cornices, or other building features. Signs for new shopping centers
with three or more tenants, including all out parcels, office parks or any master
plan development shall be reviewed and approved through the Comprehensive
Sign Program set forth in Section 3-1808.
* * * * * * * * * *
2. Monument signs in the Tourist and Downtown Districts. The following shall govern
permanent monument signs in the Tourist District and Downtown District as
follows:
a. One monument sign not exceeding six feet in height per parcel for
development in the Tourist District with no more than two sign faces, unless
located on a corner or through lot. One monument sign with no more than
two sign faces per parcel for development in the Downtown District provided
the primary building on the parcel is setback at least 20 feet from the front
property line, unless located on a corner or through lot.
b. Corner lots or through lots have the option of erecting one monument sign or
two monument signs, one on each street frontage. The total maximum area
of the sign faces of the one sign or of the two signs shall not exceed the total
maximum allowable area allowed in Section 3-1807.B.2.c. below plus an
additional 15 square feet. Sign area shall be measured from the road frontage
which results in the greater square footage.
3
c. The area of a monument sign face shall not exceed three percent of the
building façade facing the street or one square foot of signage for every three
feet of linear lot frontage, whichever is less, but in no case less than 24
square feet and no more than 36 square feet.
d. The total area of all sign faces on all monument signs shall not exceed 72
square feet per parcel proposed for development.
e. Sign design shall be consistent with or complement the architecture of the
building through the use of colors, materials, textures, design features and
architectural styles as set forth below and as may be required by the
Clearwater Downtown Redevelopment Plan and Beach by Design.
i. The sign design shall include a distinctive design or architectural
element used on the building such as an arch, capstone, pediment,
distinctive roof form/material, column pilaster, cornice; or a shape, form
or motif that portrays the business. The design elements shall be used
on the top and/or side of the sign face/panels.
ii. Defining materials, textures and colors used on the building shall be
included on the sign.
iii. The sign base and/or supports shall be of a width that cre ates
proportionality to the overall sign design.
iv. The sign shall be consistent with or complementary to the overall design,
colors, font style of the attached sign on the property.
v. The sign may include no more than two lines of zip track for manu al
changeable messages provided it does not exceed 25 percent of the
sign face area and the zip track and letter colors are coordinated with
the color of the sign.
vi. In the event the building lacks architectural details or distinguishing
design features or materials, the sign shall be designed to improve the
overall appearance of the site. To achieve this, the sign shall include a
distinctive design feature and use of colors and materials that present a
high quality finish.
f. All monument sign structures shall be installed in a landscaped area
consisting of shrubs and/or ground cover not less than three feet in width
around the entire base of the sign.
g. Properties located within the area governed by the Clearwater Downtown
Redevelopment Plan shall only be permitted to erect a monument sign if the
primary building is setback at least 20 feet or more from the front property
line. Areas for manual changeable copy cannot occupy more than 25 percent
of the sign face area.
4
Section 2. That Article 3, Development Standards, Section 3-1807, Permitted
Signs Requiring Development Review, Section B. Non -residential, be amended to read
as follows and renumber the remaining subsections accordingly:
Section 3-1807.B – Non-residential.
* * * * * * * * *
3. Freestanding signs in the Downtown District. Freestanding signs in the
Downtown District shall be governed by Appendix C, Division 7. Sign
Standards.
3 4. Attached signs in non-residential districts. The following attached signs shall be
permitted in all non-residential districts, except that signage in the Downtown
District shall be governed by Appendix C, Division 7. Sign Standards:
a. One attached sign shall be permitted for each building structure. For any
building structure with multiple business tenants on the ground floor, one
attached sign may be permitted per business establishment with a principal
exterior entrance. The area of an attached sign face shall not exceed:
i. Twenty-four square feet in total sign face area; or
ii. Three percent of the primary façade area not to exceed 36 square feet
in total sign face area. Such signs are limited to one of the following sign
types: channel letters mounted directly to the building, flat cut out letters,
contour cabinet, illuminated capsule, sign applied to awning provided
awning is externally illuminated, letters on backer panels if designed as
an integral part of the sign and any other sign type of a higher quality of
design if approved by the community development coordinator.
Square/rectangular cabinet signs, back-lit awnings, and signs on
raceways are prohibited.
b. In addition to the attached sign allowed in Section 3-1807.B.3.a above, corner
lots or through lots may erect one attached sign on each building wall (or
façade) abutting a street frontage. Any such attached sign shall not exceed
the sigh face area specified in Section 3-1807.B.3.a above.
c. Where individual business establishments with exterior entrances are located
in a single building, multi-tenant buildings, or as part of a business/office
complex or shopping center, attached signs shall be designed according to
a common theme including similar style, color, materials or other
characteristics to provide a sense of uniformity. Changes to individual tenant
signage shall be reviewed for compliance with the established or projected
theme of the development site.
d. Projecting signs may be used as a type of attached sign in the Downtown
(D) and Tourist (T) Districts, unless otherwise permitted by the community
development coordinator. They shall be installed with a minimum eight -foot
clearance from the bottom of the sign to grade or the sidewalk. Projecting
5
signs shall comply with encroachment into setback and rights-of-way Section
3-908. The community development director coordinator may permit such
signs for second story or businesses above the first story in the Downtown
and Tourist Districts if they meet all other criteria for attached signage.
e. Business establishments with rear façades with rear public entrances facing
parking lots or rear public entrances facing Clearwater Harbor or Mandalay
Channel with boating access may erect one additional attached sign not
exceeding 16 square feet in area above or adjacent to t he rear entrance
provided such sign is not a traditional cabinet sign or channel letters erected
on a raceway.
f. Gasoline pump island canopies may be permitted one attached sign on the
canopy fascia facing a public right-of-way provided such sign does not
exceed eight square feet in total sign face area.
* * * * * * * * * *
C. On-premise signs on school grounds. On any school grounds in any zoning
district, except in the Downtown District, the following signs are permitted.
* * * * * * * * * *
Section 4. Article 4, Development Review and Other Procedures, Division 10, Sign
Permit, Section 4-1001, City of Clearwater Community Development Code, is hereby
amended as follows:
Section 4-1001. Purpose
It is the purpose of this division to establish procedures for the review and approval of
signs, and signs as part of a Comprehensive Sign program, in accordance with the
standards of Article 3, Division 18 and Appendix C, Division 7.
Section 5. Article 8, Division, Section 8-102, City of Clearwater Community
Development Code, is hereby amended by adding the following in the appropriate as
follows:
* * * * * * * * * *
Sign, auxiliary freestanding means an additional freestanding sign allowed du e to
exceptional property frontage characteristics.
Sign, awning means a sign affixed flat to the surface of the awning.
Sign band means an integral part of a storefront design that architecturally defines the
top of the ground floor, or the location on the building’s façade between the building
entrance and the bottom of the second floor windows, or for a one -story building, the eave
line.
6
* * * * * * * * * *
Sign, billboard means a non-point-of-sale sign that exceed 24 square feet and advertises
a business, organization, event, person, place or thing or other commercial message.
Sign, building means a sign placed on a wall, awning, canopy, under a canopy, or
projecting from a building.
Sign, cabinet means a three-dimensional structure which includes a frame, borders and
sign face within a frame on which the sign letters and logos are placed or etched. The
sign may include internal lights.
Sign, canopy means a sign attached to, applied or affixed to the visible surface of an
attached canopy.
* * * * * * * * * *
Sign, portable means a sign that is not permanently fixed to the ground or a structure
utilizing standard construction procedures, and/or materials that will not deteriorate, or a
sign that is transported over or parked along or next to a public right-of-way.
Sign, projecting means a sign, other than a wall sign, that is attached to and projects
outward from the exterior building wall. Projecting signs include shingle signs and blade
signs.
* * * * * * * * * *
Sign, safety means a sign that serves a compelling governmental purpose by providing a
warning of a dangerous condition or situation that might not be readily apparent o that
poses a threat of serious injury (e.g. gas line, high voltage, condemned building, etc.)
Sign, shingle means a small building sign that projects outward, typically at a ninety
degree angle, and hangs from a bracket or support.
Sign, sky dancers or air dancer sign means an inflatable sign that is taller than five feet
an that exhibits movement when filled with air to attract attention.
Sign, skyline means a wall sign attached to the top portion of a high -rise building.
* * * * * * * * * *
7
Sign, transit shelter means a sign affixed to a transit shelter which is erected pursuant to
the requirements of Article 3 Division 22.
Sign, under canopy means a sign suspended from, and located entirely under a covered
porch, walkway, or canopy supported by the building.
* * * * * * * * * *
Section 6. That Appendix C, Division 7. Sign Standards [Reserved], shall be
amended as set forth in the attached Exhibit A.
Section 7. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended)
are hereby adopted to read as set forth in this Ordinance.
Section 8. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City’s Comprehensive Plan.
Section 9. Should any part or provision of this Ordinance be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part declared to be invalid.
Section 10. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 11. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTION
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ____________________________
Michael Fuino Rosemarie Call
8
Assistant City Attorney City Clerk
ORD. 9217-19 Exhibit A | 1 of 18
Division 7. Sign Standards [Reserved]
SECTION C-701. INTENT AND
PURPOSE
The intent and purpose of this section is to establish
specific standards for the Downtown District that
implement Section 3-1801. General Principles,
Section 3-1802. Purpose of the Sign Regulations as
well as the following:
A) Establish reasonable and improved sign standards
for Downtown that encourages the use of a hierarchy
of signs appropriately sized for a well-organized
visual Downtown environment.
B) Ensure that signs are complementary to the
architectural design of Downtown.
C) Ensure that signage is pedestrian oriented and
appropriately scaled for the Downtown environment.
D) Facilitate creative and innovative approaches
to signs consistent with the intent and purpose of
Section C-101 of the Downtown District.
E) Encourage uniquely designed signs that exhibit
a high degree of thoughtfulness, imagination and
inventiveness.
SECTION C-702. APPLICABILITY
No sign may be erected, or may thereafter be altered
or otherwise modified, in the Downtown District
except in accordance with the requirements of this
section. Requirements not specifically addressed
in Appendix C, Division 7 are subject to the signage
requirements set forth in Article 3, Division 18 Signs
and Article 4, Division 10 Sign Permit. If there are
any conflicts between these regulations and those in
Article 3, Division 18, these standards shall govern.
SECTION C-703. GENERAL STANDARDS
A) Exempt and prohibited sign provisions set forth
in Sections 3-1803 and 3-1804 shall apply in the
Downtown District.
B) General provisions for signs set forth in Section
3-1805 shall apply unless otherwise superseded by
regulations contained in this Appendix C, Division 7.
C) Temporary sign provisions set forth in Section
3-1806 shall apply in the Downtown District.
D) Properties in the Downtown District shall be
eligible for the Comprehensive Sign Program as set
forth in Section 3-1808.
SECTION C-704. GENERAL PRINCIPLES
FOR SIGN PLANNING AND DESIGN
STANDARDS
Vibrant, well designed signs promote business
activity, provide visual interest and create an
interesting environment that attracts people. To
ensure signage has a positive impact consistent with
the vision and guiding principles established in the
Clearwater Downtown Redevelopment Plan, the
following general principles and design standards
shall apply in addition to those set forth in Section
C-705. below.
A) Hierarchy of Signs
Signs are the graphic representation of a business
in the built environment, therefore, they should be
designed in a concise manner to deliver essential
information quickly, efficiently and at the point
where it is needed. If more than one sign is erected
on a single building/business façade a clear hierarchy
should be used to ensure the important content is
the most prominent. All signs shall be scaled in a
clear hierarchy and shall address different viewer
orientations and audiences. The most important
information on a sign should be the most prominent
and emphasized component of the sign. The more
important the information, the higher its visibility
should be with regard to sign size and placement.
Layering information helps customers obtain the
information they need while ensuring that every
sign has an objective. Larger signs, which are
intended to be viewed from farther distances should
be strategically placed on the building façade over
storefronts and entrances. Smaller signs can provide
information at a smaller scale and be intended for
view from shorter distances at the pedestrian level.
ORD. 9217-19 Exhibit A | 2 of 18
Figure 33. Hierarchy of Signs Example
Figure 34. Hierarchy of Signs Example
Figure 35. Hierarchy of Signs Example
ORD. 9217-19 Exhibit A | 3 of 18
B) Location and Alignment
Signs shall comply with the following location and
alignment standards in addition to any specific
standards specified in Section C-705.D. Sign Types.
1. Signs shall be placed in a manner that
is proportional to the space on which it is
located. This includes building signs as well as
freestanding signs.
2. Signs shall be positioned to emphasize or
accent elements such as entrances or storefront
openings.
3. Signs shall not obstruct important architectural
features.
4. Signs shall not obstruct any window or door,
except for window signs allowed pursuant to
Section C-705.D.7.
5. Signs shall not extend above the roofline,
parapet or above the eave line.
6. No portion of a sign shall extend beyond the
ends of the wall to which it is attached, unless it is
a projecting or shingle sign.
7. Signage for occupants located on the second
floor and above shall be located on signage
by the primary entrance to those floors, unless
otherwise allowed in Section C-705.
8. Signage shall be integrated into signs bands if
provided.
C) Materials
1. Signs shall be made of permanent, durable
materials such as sealed wood, metals, metal
composites, acrylic, polycarbonate, flexible
face, brick, stucco, stone and other high-quality
materials as approved by the Community
Development Coordinator.
2. Prohibited materials include plexiglass,
plywood, and vinyl unless located on windows.
3. Signs shall not incorporate reflective materials.
4. Neon paint is prohibited.
5. No paper or poster signs unless it is an
allowable temporary sign pursuant to Section
3-1806.
D) Illumination
All illuminated signs shall comply with the following
standards. Certain sign types may have additional
limitations set forth in Section C-705.D. Sign Types.
1. External light sources intended to illuminate
the sign face shall be fully shielded and placed
close to, and directed upon, the sign face.
2. Light fixtures and mounting devices shall
complement the color and design of the sign.
3. Exposed neon tube may be used.
4. Illumination shall not cast excessive lighting on
upper-floor residences or on adjacent properties.
5. Ground mounted uplighting shall be permitted
provided light does not spill off of the sign face.
6. Transformer boxes shall not be visible on any
façade facing a street.
SECTION C-705. ALLOWABLE SIGN
AREA, NUMBER AND TYPES OF SIGNS
A) Sign Area and Number of Signs
The total maximum sign area and number of
allowable signs shall be as determined in Table 5
below. For each cell in the table, there is a maximum
allowed sign area that may be utilized with any
combination and any number of signs associated
with that cell, unless otherwise noted. The
measurements for linear feet shall be at grade.
B) Calculating Allowable Sign Area
The following figures illustrate how to determine
street frontage for the purposes of calculating sign
area and how to calculate and apply allowable
signage.
ORD. 9217-19 Exhibit A | 4 of 18
SIGN TYPE
MAXIMUM NUMBER OF SIGNS (Per
Building or Establishment with Exterior
Entrance or Parcel, whichever is
applicable)
TOTAL ALLOWABLE SIGN AREA (Per
Building or Establishment with Exterior
Entrance or Parcel, whichever is
applicable)
Building Signs
Wall Signs
Awning Signs
Canopy Signs
Projecting Signs
Shingle Signs
No more than 3 per facade along a street
frontage.
1 square foot of sign area per 1 linear foot
of building facade facing a street frontage
or 24 square feet, whichever is greater. The
total square footage of any combination of
buildings signs shall not exceed 100 square
feet.
Under Canopy Signs 1 per facade along a street frontage 3 square feet
Rear Entry Building Sign 1 per establishment with public rear
entrance facing parking lot or Clearwater
Harbor
16 square feet
Window Signs N/A 10% of each fi rst fl oor window and glass
door opening*
Skyline Signs 1 per building facade along a street
frontage
1 square foot per 1 foot of building height
Freestanding Signs 1 sign per parcel fronting a street frontage
with a building setback of at least 20 feet
1 square foot per 1 liner foot of building
frontage or 24 square feet, whichever is
greater, but no more than 64 square feet.
Sidewalk Signs 1 sign per retail/restaurant use Consistent with Table 3-1806.1.a Criteria and
Limitations for Sidewalk Signs
* Does not include temporary signs pursuant to 3-1806.
Table 5. Allowable Signage
ORD. 9217-19 Exhibit A | 5 of 18
Figure 36. Building Frontage Determination
Sidewalk
Street
Building
Street Frontage
Building Facade
Building Facade
Building
Building Facade Building FacadeSidewalkStreetStreet FrontageDrawing Not to Scale
ORD. 9217-19 Exhibit A | 6 of 18
Figure 37. Calculations
Linear Building Facade
60 FeetDrawing Not to Scale
8'
12'ProjectingSIGN*
18'
B
Sign Calculation Illustration:
Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of building
facade facing the street frontage, or 24 square feet, whichever is greater.
Maximum Buildings Signs Allowed: 3
Linear Feet of Building Facade: 60 feet
Total Building Signage Area Allowed: 60 square feet.
A. Projecting Sign: One 32 Sf. (8'x2.5'=20 Sf. Rectangular section) + (12 Sf. Circular Section Rad=2').
B. Canopy Sign: Two 28 Sf. ( Two signs - 14'x1.0 '= 14 Sf. Each).
Total Building Sign Area: 60 Sf.
Number of Building Sign: 3
Additional Allowable Signage
C. Proposed Window Sign: 24 Sf. (Two signs - 12 Sf. Each).
10% of Window area.
Total Additional Signage: 24 Sf.
Number of Additional Signs: 2
TOTAL SIGN AREA: 84 Sf.
TOTAL NUMBER OF SIGNS: 5
CANOPY SIGN CANOPY SIGN
A
C
**********
ORD. 9217-19 Exhibit A | 7 of 18
2.4'
Linear Building Facade
60 Feet
20'
W A L L S I G N
Drawing Not to Scale
2'
A w n i n g V a l a n c e S i g nA w n i n g V a l a n c e S i g n*4'
Sign Calculation Illustration:
Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of building
facade facing the street frontage, or 24 square feet, whichever is greater.
Maximum Buildings Signs Allowed: 3
Linear Feet of Building Facade: 60 feet
Total Building Signage Area Allowed: 60 Square Feet.
A. Wall Sign: 40 Sf. (2'x20')
B. Awning Sign: 9 Sf. (3'x3')
C. Shingle Sign: 6 Sf. (2.4'x2.4')
Total Building Sign Area: 55 Sf.
Number of Building Sigs: 3
Additional Allowable Signage
D. Proposed Window Sign: 24 Sf. (Two signs -12 Sf. Each).
10% of Total Window area.
E. Proposed Awning Valance Sign: 10 Sf. (Two signs - 5 Sf. Each - 160"x0.75=120"x6"= 5 Sf.).
Up to 75% of Valance Width.
Total Additional Sign Area: 34 Sf.
Number of Additional Signs: 4
TOTAL SIGN AREA: 89 Sf.
TOTAL NUMBER OF SIGNS: 7
***
4'
8'
A
B
D
C
E
Figure 38. Calculations
ORD. 9217-19 Exhibit A | 8 of 18
D) Sign Types
The following sign types are permitted in the
Downtown District subject to the requirements
below.
C) Sign Design and Styles
1. Allowable sign styles/designs include flat
cut out letters, shoebox cabinet signs, contour
cabinet signs, capsule signs, push-through signs,
signs sewn to or screen printed on awnings,
open face channel letters, back-lit/halo channel
letters, or other designs/styles that produce a
high-quality appearance as approved by the
Community Development Coordinator.
2. In addition to those prohibited signs set forth
in Section 3-1804, the following sign designs and
types shall not be permitted in the Downtown
District.
a. Standard cabinet signs
b. Back-lit awning signs
c. Internally illuminated channel letters/front-lit
letters
d. Signs painted on buildings
e. Raceways and wireways, unless designed as
an integral part of the sign design
f. Paper/poster/etc. unless allowed pursuant to
Section 3-1806 Temporary Signs
ORD. 9217-19 Exhibit A | 9 of 18
Figure 39. Wall Sign Diagram
Figure 40. Wall Sign Example
Figure 41. Wall Sign Example
1. Wall Signs
a. Description: A sign attached parallel to and
placed either directly on or attached to the
exterior wall of a building.
b. Number of Signs: No more than 3 per
establishment facing a street frontage.
c. Dimensional Requirements
1. The width of a wall sign shall not exceed
75% of the length of the façade along a
street.
2. Wall signs shall not project more than 12
inches from the building façade.
d. Standards
1. Wall signs shall be located on the upper
portion of the storefront, within or just
above the storefront opening.
2. One main wall sign is permitted per
facade facing a street. Smaller walls signs
are permitted in compliance with Section
C-705, Table 5.
3. Wall signs may be externally or internally
illuminated in accordance with Sections
C-704.D and Section C-705.C.
4. No wall sign may extend above the top of
the first floor or the finished floor line of the
second floor, unless otherwise approved by
the Community Development Coordinator.
ORD. 9217-19 Exhibit A | 10 of 18
Figure 42. Projecting Sign Diagram
Figure 43. Projecting Sign Example
Figure 44. Projecting Sign Example
2. Projecting Signs
a. Description: A two-sided sign that is
attached to and projects outward from the
building. It is generally vertical in orientation
and projects perpendicular to the building.
b. Number of Signs: No more than 1 projecting
sign per building.
c. Dimensional Requirements
1. The width of a projecting sign shall not
exceed 4 feet.
2. Sign brackets shall not extend more than
18 inches from the building wall.
3. Projecting signs shall be setback 5 feet
from the curb line.
d. Standards
1. A projecting sign shall be located a
minimum of 30 feet from another projecting
sign.
2. Projecting signs shall be located between
the finished floor of the 2nd and 3rd story or
between the 2nd story and roof.
3. A projecting sign may be located on
a building corner and may incorporate
sign area from both frontages provided
the remaining allowable sign area is split
proportionally among the two frontages.
4. Projecting signs may be externally or
internally illuminated in accordance with
Sections C-704.D and Section C-705.C.
ORD. 9217-19 Exhibit A | 11 of 18
Figure 45. Canopy Sign Diagram
Figure 46. Canopy Sign Example
Figure 47. Canopy Sign Example
3. Canopy Signs
a. Description: A sign that is attached to,
applied to or affixed to the visible surface of an
attached canopy.
b. Number of Signs: No more than 2 canopy
signs per establishment facing a street
frontage.
c. Dimensional Requirements
1. No more than 75% of the width of the
canopy may be occupied by signage.
2. Letters attached to and projecting above
the canopy shall be limited to 2 feet in
height.
3. The vertical clearance from the sidewalk
to the lowest point of the canopy shall be 8
feet.
4. The canopy shall be setback 5 feet from
the curb line.
d. Standards
1. Signs may be located on the face of the
canopy or extend above it.
2. A raceway may be used to attach a
canopy sign erected above a canopy
provided it is concealed from view behind
the canopy.
3. Canopy signs may be illuminated in
accordance with Section C-704.D and
Section C-705.C.
ORD. 9217-19 Exhibit A | 12 of 18
Figure 48. Awning Sign Diagram
Figure 49. Awning Sign Example
Figure 50. Awning Sign Example
4. Awning Signs
a. Description: A sign that is affixed flat to the
valance or the shed of an awning. Such sign
may be screen printed or appliqued to the
awning.
b. Number of Signs: No more than 1 awning
sign shall be allowed on each awning shed and
valance.
c. Dimensional Requirements
1. No more than 30% of the shed area
(sloping plane) of the awning may be
occupied by signage.
2. Signs on awning valances 10 inches
or less in height are exempt from the
maximum allowable sign area and
maximum number of permitted signs.
3. No more than 75% of the awning valance
may be used for signage.
4. The vertical clearance from sidewalk to
the lowest point of awning shall be 8 feet.
5. The awning shall be setback 5 feet from
the curb line.
d. Standards
1. Awning signs shall only be allowed on
awnings erected over ground floor doors
and/or windows.
2. Awning signs shall only be externally
illuminated.
3. Signage is only allowed on the shed
or valance of the awning along a street
frontage.
ORD. 9217-19 Exhibit A | 13 of 18
Figure 51. Shingle Sign Diagram
Figure 52. Shingle Sign Example
Figure 53. Shingle Sign Example
5. Shingle Signs
a. Description: A small projecting sign that
extends outward at a 90 degree angle and may
either hang from brackets or be mounted with
brackets to the building façade.
b. Number of Signs: No more than 1 shingle
sign per establishment along a street frontage.
c. Dimensional Requirements
1. Shingle signs shall not exceed 6 square
feet in area.
2. Shingle signs, including sign brackets,
shall not extend more than 4 feet from the
building wall.
3. The vertical clearance from the sidewalk
to the lowest point of the shingle sign shall
be 8 feet.
4. Shingle signs shall be setback 5 feet from
curb line.
d. Standards
1. A shingle sign shall be located a minimum
of 15 feet from a projecting sign or another
shingle sign.
2. Shingle signs shall be located below the
finished floor level of the second story.
ORD. 9217-19 Exhibit A | 14 of 18
Figure 54. Under Canopy Sign Example
Figure 55. Under Canopy Sign Example
Figure 56. Under Canopy Sign Example
6. Under Canopy Signs
a. Description: A sign that is suspended from,
and located entirely under a covered porch,
covered walkway or canopy supported by a
building.
b. Number of Signs: No more than 1 per
establishment facing a street frontage.
c. Dimensional Requirements
1. Under canopy signs shall not project
beyond the limitations of the covered porch
or canopy.
2. The vertical clearance from the sidewalk
to the lowest point of the under canopy
sign shall be 7 feet.
3. Under canopy signs shall be setback 5
feet from the curb line.
d. Standards
1. Under canopy signs shall be used only
at ground floor locations except for upper
floor businesses with covered entry porches
or balconies.
2. Under canopy signs shall not be
illuminated.
3. Under canopy signs shall be securely fixed
to the underside of the canopy or porch.
ORD. 9217-19 Exhibit A | 15 of 18
Figure 57. Window Sign Example
Figure 58. Window Sign Example
Figure 59. Window Sign Example
7. Window Signs
a. Description: A sign that is affixed or attached
to the inside of a window facing the street.
b. Number of Signs: N/A
c. Dimensional Requirements
1. Window signs shall not exceed 10% of any
window or glass door opening.
2. The total area of window signs erected
along a street frontage shall not exceed 50
square feet.
d. Standards
1. Window signs shall be limited to windows
and doors on the ground floor.
2. Window signs should be applied directly
to the interior face of the glazing or hung
inside the window, thereby concealing all
mounting hardware and equipment
3. Window signs shall not obscure views
into a business.
4. Window signs should complement the
merchandise display without obscuring it.
5. Window signs should be scaled to the
pedestrian instead of vehicular traffic.
ORD. 9217-19 Exhibit A | 16 of 18
Figure 60. Skyline Sign Diagram
Figure 61. Skyline Sign Example
Figure 62. Skyline Sign Example
8. Skyline Signs
a. Description: A building sign that is attached
to the exterior wall of the upper band of a
building.
b. Number of Signs: No more than 1 sign per
façade along a street frontage.
c. Dimensional Requirements: The maximum
height of a skyline signs shall not exceed an
average of 4 feet.
d. Standards
1. Skyline signs may be oriented horizontally
or vertically.
2. Skyline signs shall not be externally
illuminated. Internally illuminated signs
are permitted provided the sign is in
compliance with Sections C-704.D and
C-705.B.
3. An allowable skyline sign may be located
on any side of the building.
4. The design of a skyline sign shall be
complementary and not compete with or
detract from any sculpted roof design.
ORD. 9217-19 Exhibit A | 17 of 18
Figure 63. Freestanding Sign Diagram
Figure 64. Freestanding Sign Example
Figure 65. Freestanding Sign Example
9. Freestanding Sign
a. Description: A sign supported by a structure
or supports that are permanently placed on or
anchored in the ground that are independent
of any building.
b. Number of Signs: No more than 1
freestanding sign per parcel.
c. Dimensional Requirements
1. Freestanding signs shall not exceed 6 feet
height.
2. Freestanding signs shall be located in a
landscaped area consisting of shrubs and/or
ground cover at least 3 feet in width around
the entire sign base.
3. Freestanding signs shall be setback 5 feet
from any property line.
d. Standards
1. Freestanding signs shall be designed with
a distinctive design that is complementary
to the building or with an architectural
element used on the building such as an
arch, capstone, pediment, distinctive roof
form/material, etc. defining materials,
textures and colors used on the building;
or a shape, form or motif that portrays the
business.
2. Freestanding signs shall be consistent
with or complementary to the overall
design, colors, materials and font style of
the building signage.
3. Freestanding signs may be externally
illuminated. Internally illuminated signs
may be permitted only if the letters and
graphics on the sign are illuminated.
4. The base and/or supports of freestanding
signs shall be of a width that creates
proportionality to the overall sign design.
5. No more than 25% of sign face area may
contain two lines of zip track for manual
changeable area. Such area and letters shall
be coordinated with the color of the sign.
ORD. 9217-19 Exhibit A | 18 of 18
Figure 66. Sidewalk Sign Example
Figure 67. Sidewalk Sign Example
Figure 68. Sidewalk Sign Example
10. Sidewalk Signs
a. Description: A freestanding sign which
placed upon the ground and that is portable
and readily moved from place to place.
b. Number of Signs: The allowable number of
signs is set forth in Table 3-1806.1.a.
c. Dimensional Requirements: Sidewalk
signs shall comply with the dimensional
requirements set forth in Table 3-1806.1.a.
d. Standards: Sidewalk signs shall comply
with the design standards set forth in Table
3-1806.1.a.
ORD. 9217-19 Exhibit A | 1 of 18
Division 7. Sign Standards
SECTION C-701. INTENT AND
PURPOSE
The intent and purpose of this section is to establish
specific standards for the Downtown District that
implement Section 3-1801. General Principles,
Section 3-1802. Purpose of the Sign Regulations as
well as the following:
A) Establish reasonable and improved sign standards
for Downtown that encourages the use of a hierarchy
of signs appropriately sized for a well-organized
visual Downtown environment.
B) Ensure that signs are complementary to the
architectural design of Downtown.
C) Ensure that signage is pedestrian oriented and
appropriately scaled for the Downtown environment.
D) Facilitate creative and innovative approaches
to signs consistent with the intent and purpose of
Section C-101 of the Downtown District.
E) Encourage uniquely designed signs that exhibit
a high degree of thoughtfulness, imagination and
inventiveness.
SECTION C-702. APPLICABILITY
No sign may be erected, or may thereafter be altered
or otherwise modified, in the Downtown District
except in accordance with the requirements of this
section. Requirements not specifically addressed
in Appendix C, Division 7 are subject to the signage
requirements set forth in Article 3, Division 18 Signs
and Article 4, Division 10 Sign Permit. If there are
any conflicts between these regulations and those in
Article 3, Division 18, these standards shall govern.
SECTION C-703. GENERAL STANDARDS
A) Exempt and prohibited sign provisions set forth
in Sections 3-1803 and 3-1804 shall apply in the
Downtown District.
B) General provisions for signs set forth in Section
3-1805 shall apply unless otherwise superseded by
regulations contained in this Appendix C, Division 7.
C) Temporary sign provisions set forth in Section
3-1806 shall apply in the Downtown District.
D) Properties in the Downtown District shall be
eligible for the Comprehensive Sign Program as set
forth in Section 3-1808.
SECTION C-704. GENERAL PRINCIPLES
FOR SIGN PLANNING AND DESIGN
STANDARDS
Vibrant, well designed signs promote business
activity, provide visual interest and create an
interesting environment that attracts people. To
ensure signage has a positive impact consistent with
the vision and guiding principles established in the
Clearwater Downtown Redevelopment Plan, the
following general principles and design standards
shall apply in addition to those set forth in Section
C-705. below.
A) Hierarchy of Signs
Signs are the graphic representation of a business
in the built environment, therefore, they should be
designed in a concise manner to deliver essential
information quickly, efficiently and at the point
where it is needed. If more than one sign is erected
on a single building/business façade a clear hierarchy
should be used to ensure the important content is
the most prominent. All signs shall be scaled in a
clear hierarchy and shall address different viewer
orientations and audiences. The most important
information on a sign should be the most prominent
and emphasized component of the sign. The more
important the information, the higher its visibility
should be with regard to sign size and placement.
Layering information helps customers obtain the
information they need while ensuring that every
sign has an objective. Larger signs, which are
intended to be viewed from farther distances should
be strategically placed on the building façade over
storefronts and entrances. Smaller signs can provide
information at a smaller scale and be intended for
view from shorter distances at the pedestrian level.
ORD. 9217-19 Exhibit A | 2 of 18
Figure 33. Hierarchy of Signs Example
Figure 34. Hierarchy of Signs Example
Figure 35. Hierarchy of Signs Example
ORD. 9217-19 Exhibit A | 3 of 18
B) Location and Alignment
Signs shall comply with the following location and
alignment standards in addition to any specific
standards specified in Section C-705.D. Sign Types.
1. Signs shall be placed in a manner that
is proportional to the space on which it is
located. This includes building signs as well as
freestanding signs.
2. Signs shall be positioned to emphasize or
accent elements such as entrances or storefront
openings.
3. Signs shall not obstruct important architectural
features.
4. Signs shall not obstruct any window or door,
except for window signs allowed pursuant to
Section C-705.D.7.
5. Signs shall not extend above the roofline,
parapet or above the eave line.
6. No portion of a sign shall extend beyond the
ends of the wall to which it is attached, unless it is
a projecting or shingle sign.
7. Signage for occupants located on the second
floor and above shall be located on signage
by the primary entrance to those floors, unless
otherwise allowed in Section C-705.
8. Signage shall be integrated into signs bands if
provided.
C) Materials
1. Signs shall be made of permanent, durable
materials such as sealed wood, metals, metal
composites, acrylic, polycarbonate, flexible
face, brick, stucco, stone and other high-quality
materials as approved by the Community
Development Coordinator.
2. Prohibited materials include plexiglass,
plywood, and vinyl unless located on windows.
3. Signs shall not incorporate reflective materials.
4. Neon paint is prohibited.
5. No paper or poster signs unless it is an
allowable temporary sign pursuant to Section
3-1806.
D) Illumination
All illuminated signs shall comply with the following
standards. Certain sign types may have additional
limitations set forth in Section C-705.D. Sign Types.
1. External light sources intended to illuminate
the sign face shall be fully shielded and placed
close to, and directed upon, the sign face.
2. Light fixtures and mounting devices shall
complement the color and design of the sign.
3. Exposed neon tube may be used.
4. Illumination shall not cast excessive lighting on
upper-floor residences or on adjacent properties.
5. Ground mounted uplighting shall be permitted
provided light does not spill off of the sign face.
6. Transformer boxes shall not be visible on any
façade facing a street.
SECTION C-705. ALLOWABLE SIGN
AREA, NUMBER AND TYPES OF SIGNS
A) Sign Area and Number of Signs
The total maximum sign area and number of
allowable signs shall be as determined in Table 5
below. For each cell in the table, there is a maximum
allowed sign area that may be utilized with any
combination and any number of signs associated
with that cell, unless otherwise noted. The
measurements for linear feet shall be at grade.
B) Calculating Allowable Sign Area
The following figures illustrate how to determine
street frontage for the purposes of calculating sign
area and how to calculate and apply allowable
signage.
ORD. 9217-19 Exhibit A | 4 of 18
SIGN TYPE
MAXIMUM NUMBER OF SIGNS (Per
Building or Establishment with Exterior
Entrance or Parcel, whichever is
applicable)
TOTAL ALLOWABLE SIGN AREA (Per
Building or Establishment with Exterior
Entrance or Parcel, whichever is
applicable)
Building Signs
Wall Signs
Awning Signs
Canopy Signs
Projecting Signs
Shingle Signs
No more than 3 per facade along a street
frontage.
1 square foot of sign area per 1 linear foot
of building facade facing a street frontage
or 24 square feet, whichever is greater. The
total square footage of any combination of
buildings signs shall not exceed 100 square
feet.
Under Canopy Signs 1 per facade along a street frontage 3 square feet
Rear Entry Building Sign 1 per establishment with public rear
entrance facing parking lot or Clearwater
Harbor
16 square feet
Window Signs N/A 10% of each fi rst fl oor window and glass
door opening*
Skyline Signs 1 per building facade along a street
frontage
1 square foot per 1 foot of building height
Freestanding Signs 1 sign per parcel fronting a street frontage
with a building setback of at least 20 feet
1 square foot per 1 liner foot of building
frontage or 24 square feet, whichever is
greater, but no more than 64 square feet.
Sidewalk Signs 1 sign per retail/restaurant use Consistent with Table 3-1806.1.a Criteria and
Limitations for Sidewalk Signs
* Does not include temporary signs pursuant to 3-1806.
Table 5. Allowable Signage
ORD. 9217-19 Exhibit A | 5 of 18
Figure 36. Building Frontage Determination
Sidewalk
Street
Building
Street Frontage
Building Facade
Building Facade
Building
Building Facade Building FacadeSidewalkStreetStreet FrontageDrawing Not to Scale
ORD. 9217-19 Exhibit A | 6 of 18
Figure 37. Calculations
Linear Building Facade
60 FeetDrawing Not to Scale
8'
12'ProjectingSIGN*
18'
B
Sign Calculation Illustration:
Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of building
facade facing the street frontage, or 24 square feet, whichever is greater.
Maximum Buildings Signs Allowed: 3
Linear Feet of Building Facade: 60 feet
Total Building Signage Area Allowed: 60 square feet.
A. Projecting Sign: One 32 Sf. (8'x2.5'=20 Sf. Rectangular section) + (12 Sf. Circular Section Rad=2').
B. Canopy Sign: Two 28 Sf. ( Two signs - 14'x1.0 '= 14 Sf. Each).
Total Building Sign Area: 60 Sf.
Number of Building Sign: 3
Additional Allowable Signage
C. Proposed Window Sign: 24 Sf. (Two signs - 12 Sf. Each).
10% of Window area.
Total Additional Signage: 24 Sf.
Number of Additional Signs: 2
TOTAL SIGN AREA: 84 Sf.
TOTAL NUMBER OF SIGNS: 5
CANOPY SIGN CANOPY SIGN
A
C
**********
ORD. 9217-19 Exhibit A | 7 of 18
2.4'
Linear Building Facade
60 Feet
20'
W A L L S I G N
Drawing Not to Scale
2'
A w n i n g V a l a n c e S i g nA w n i n g V a l a n c e S i g n*4'
Sign Calculation Illustration:
Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of building
facade facing the street frontage, or 24 square feet, whichever is greater.
Maximum Buildings Signs Allowed: 3
Linear Feet of Building Facade: 60 feet
Total Building Signage Area Allowed: 60 Square Feet.
A. Wall Sign: 40 Sf. (2'x20')
B. Awning Sign: 9 Sf. (3'x3')
C. Shingle Sign: 6 Sf. (2.4'x2.4')
Total Building Sign Area: 55 Sf.
Number of Building Sigs: 3
Additional Allowable Signage
D. Proposed Window Sign: 24 Sf. (Two signs -12 Sf. Each).
10% of Total Window area.
E. Proposed Awning Valance Sign: 10 Sf. (Two signs - 5 Sf. Each - 160"x0.75=120"x6"= 5 Sf.).
Up to 75% of Valance Width.
Total Additional Sign Area: 34 Sf.
Number of Additional Signs: 4
TOTAL SIGN AREA: 89 Sf.
TOTAL NUMBER OF SIGNS: 7
***
4'
8'
A
B
D
C
E
Figure 38. Calculations
ORD. 9217-19 Exhibit A | 8 of 18
D) Sign Types
The following sign types are permitted in the
Downtown District subject to the requirements
below.
C) Sign Design and Styles
1. Allowable sign styles/designs include flat
cut out letters, shoebox cabinet signs, contour
cabinet signs, capsule signs, push-through signs,
signs sewn to or screen printed on awnings,
open face channel letters, back-lit/halo channel
letters, or other designs/styles that produce a
high-quality appearance as approved by the
Community Development Coordinator.
2. In addition to those prohibited signs set forth
in Section 3-1804, the following sign designs and
types shall not be permitted in the Downtown
District.
a. Standard cabinet signs
b. Back-lit awning signs
c. Internally illuminated channel letters/front-lit
letters
d. Signs painted on buildings
e. Raceways and wireways, unless designed as
an integral part of the sign design
f. Paper/poster/etc. unless allowed pursuant to
Section 3-1806 Temporary Signs
ORD. 9217-19 Exhibit A | 9 of 18
Figure 39. Wall Sign Diagram
Figure 40. Wall Sign Example
Figure 41. Wall Sign Example
1. Wall Signs
a. Description: A sign attached parallel to and
placed either directly on or attached to the
exterior wall of a building.
b. Number of Signs: No more than 3 per
establishment facing a street frontage.
c. Dimensional Requirements
1. The width of a wall sign shall not exceed
75% of the length of the façade along a
street.
2. Wall signs shall not project more than 12
inches from the building façade.
d. Standards
1. Wall signs shall be located on the upper
portion of the storefront, within or just
above the storefront opening.
2. One main wall sign is permitted per
facade facing a street. Smaller walls signs
are permitted in compliance with Section
C-705, Table 5.
3. Wall signs may be externally or internally
illuminated in accordance with Sections
C-704.D and Section C-705.C.
4. No wall sign may extend above the top of
the first floor or the finished floor line of the
second floor, unless otherwise approved by
the Community Development Coordinator.
ORD. 9217-19 Exhibit A | 10 of 18
Figure 42. Projecting Sign Diagram
Figure 43. Projecting Sign Example
Figure 44. Projecting Sign Example
2. Projecting Signs
a. Description: A two-sided sign that is
attached to and projects outward from the
building. It is generally vertical in orientation
and projects perpendicular to the building.
b. Number of Signs: No more than 1 projecting
sign per building.
c. Dimensional Requirements
1. The width of a projecting sign shall not
exceed 4 feet.
2. Sign brackets shall not extend more than
18 inches from the building wall.
3. Projecting signs shall be setback 5 feet
from the curb line.
d. Standards
1. A projecting sign shall be located a
minimum of 30 feet from another projecting
sign.
2. Projecting signs shall be located between
the finished floor of the 2nd and 3rd story or
between the 2nd story and roof.
3. A projecting sign may be located on
a building corner and may incorporate
sign area from both frontages provided
the remaining allowable sign area is split
proportionally among the two frontages.
4. Projecting signs may be externally or
internally illuminated in accordance with
Sections C-704.D and Section C-705.C.
ORD. 9217-19 Exhibit A | 11 of 18
Figure 45. Canopy Sign Diagram
Figure 46. Canopy Sign Example
Figure 47. Canopy Sign Example
3. Canopy Signs
a. Description: A sign that is attached to,
applied to or affixed to the visible surface of an
attached canopy.
b. Number of Signs: No more than 2 canopy
signs per establishment facing a street
frontage.
c. Dimensional Requirements
1. No more than 75% of the width of the
canopy may be occupied by signage.
2. Letters attached to and projecting above
the canopy shall be limited to 2 feet in
height.
3. The vertical clearance from the sidewalk
to the lowest point of the canopy shall be 8
feet.
4. The canopy shall be setback 5 feet from
the curb line.
d. Standards
1. Signs may be located on the face of the
canopy or extend above it.
2. A raceway may be used to attach a
canopy sign erected above a canopy
provided it is concealed from view behind
the canopy.
3. Canopy signs may be illuminated in
accordance with Section C-704.D and
Section C-705.C.
ORD. 9217-19 Exhibit A | 12 of 18
Figure 48. Awning Sign Diagram
Figure 49. Awning Sign Example
Figure 50. Awning Sign Example
4. Awning Signs
a. Description: A sign that is affixed flat to the
valance or the shed of an awning. Such sign
may be screen printed or appliqued to the
awning.
b. Number of Signs: No more than 1 awning
sign shall be allowed on each awning shed and
valance.
c. Dimensional Requirements
1. No more than 30% of the shed area
(sloping plane) of the awning may be
occupied by signage.
2. Signs on awning valances 10 inches
or less in height are exempt from the
maximum allowable sign area and
maximum number of permitted signs.
3. No more than 75% of the awning valance
may be used for signage.
4. The vertical clearance from sidewalk to
the lowest point of awning shall be 8 feet.
5. The awning shall be setback 5 feet from
the curb line.
d. Standards
1. Awning signs shall only be allowed on
awnings erected over ground floor doors
and/or windows.
2. Awning signs shall only be externally
illuminated.
3. Signage is only allowed on the shed
or valance of the awning along a street
frontage.
ORD. 9217-19 Exhibit A | 13 of 18
Figure 51. Shingle Sign Diagram
Figure 52. Shingle Sign Example
Figure 53. Shingle Sign Example
5. Shingle Signs
a. Description: A small projecting sign that
extends outward at a 90 degree angle and may
either hang from brackets or be mounted with
brackets to the building façade.
b. Number of Signs: No more than 1 shingle
sign per establishment along a street frontage.
c. Dimensional Requirements
1. Shingle signs shall not exceed 6 square
feet in area.
2. Shingle signs, including sign brackets,
shall not extend more than 4 feet from the
building wall.
3. The vertical clearance from the sidewalk
to the lowest point of the shingle sign shall
be 8 feet.
4. Shingle signs shall be setback 5 feet from
curb line.
d. Standards
1. A shingle sign shall be located a minimum
of 15 feet from a projecting sign or another
shingle sign.
2. Shingle signs shall be located below the
finished floor level of the second story.
ORD. 9217-19 Exhibit A | 14 of 18
Figure 54. Under Canopy Sign Example
Figure 55. Under Canopy Sign Example
Figure 56. Under Canopy Sign Example
6. Under Canopy Signs
a. Description: A sign that is suspended from,
and located entirely under a covered porch,
covered walkway or canopy supported by a
building.
b. Number of Signs: No more than 1 per
establishment facing a street frontage.
c. Dimensional Requirements
1. Under canopy signs shall not project
beyond the limitations of the covered porch
or canopy.
2. The vertical clearance from the sidewalk
to the lowest point of the under canopy
sign shall be 7 feet.
3. Under canopy signs shall be setback 5
feet from the curb line.
d. Standards
1. Under canopy signs shall be used only
at ground floor locations except for upper
floor businesses with covered entry porches
or balconies.
2. Under canopy signs shall not be
illuminated.
3. Under canopy signs shall be securely fixed
to the underside of the canopy or porch.
ORD. 9217-19 Exhibit A | 15 of 18
Figure 57. Window Sign Example
Figure 58. Window Sign Example
Figure 59. Window Sign Example
7. Window Signs
a. Description: A sign that is affixed or attached
to the inside of a window facing the street.
b. Number of Signs: N/A
c. Dimensional Requirements
1. Window signs shall not exceed 10% of any
window or glass door opening.
2. The total area of window signs erected
along a street frontage shall not exceed 50
square feet.
d. Standards
1. Window signs shall be limited to windows
and doors on the ground floor.
2. Window signs should be applied directly
to the interior face of the glazing or hung
inside the window, thereby concealing all
mounting hardware and equipment
3. Window signs shall not obscure views
into a business.
4. Window signs should complement the
merchandise display without obscuring it.
5. Window signs should be scaled to the
pedestrian instead of vehicular traffic.
ORD. 9217-19 Exhibit A | 16 of 18
Figure 60. Skyline Sign Diagram
Figure 61. Skyline Sign Example
Figure 62. Skyline Sign Example
8. Skyline Signs
a. Description: A building sign that is attached
to the exterior wall of the upper band of a
building.
b. Number of Signs: No more than 1 sign per
façade along a street frontage.
c. Dimensional Requirements: The maximum
height of a skyline signs shall not exceed an
average of 4 feet.
d. Standards
1. Skyline signs may be oriented horizontally
or vertically.
2. Skyline signs shall not be externally
illuminated. Internally illuminated signs
are permitted provided the sign is in
compliance with Sections C-704.D and
C-705.B.
3. An allowable skyline sign may be located
on any side of the building.
4. The design of a skyline sign shall be
complementary and not compete with or
detract from any sculpted roof design.
ORD. 9217-19 Exhibit A | 17 of 18
Figure 63. Freestanding Sign Diagram
Figure 64. Freestanding Sign Example
Figure 65. Freestanding Sign Example
9. Freestanding Sign
a. Description: A sign supported by a structure
or supports that are permanently placed on or
anchored in the ground that are independent
of any building.
b. Number of Signs: No more than 1
freestanding sign per parcel.
c. Dimensional Requirements
1. Freestanding signs shall not exceed 6 feet
height.
2. Freestanding signs shall be located in a
landscaped area consisting of shrubs and/or
ground cover at least 3 feet in width around
the entire sign base.
3. Freestanding signs shall be setback 5 feet
from any property line.
d. Standards
1. Freestanding signs shall be designed with
a distinctive design that is complementary
to the building or with an architectural
element used on the building such as an
arch, capstone, pediment, distinctive roof
form/material, etc. defining materials,
textures and colors used on the building;
or a shape, form or motif that portrays the
business.
2. Freestanding signs shall be consistent
with or complementary to the overall
design, colors, materials and font style of
the building signage.
3. Freestanding signs may be externally
illuminated. Internally illuminated signs
may be permitted only if the letters and
graphics on the sign are illuminated.
4. The base and/or supports of freestanding
signs shall be of a width that creates
proportionality to the overall sign design.
5. No more than 25% of sign face area may
contain two lines of zip track for manual
changeable area. Such area and letters shall
be coordinated with the color of the sign.
ORD. 9217-19 Exhibit A | 18 of 18
Figure 66. Sidewalk Sign Example
Figure 67. Sidewalk Sign Example
Figure 68. Sidewalk Sign Example
10. Sidewalk Signs
a. Description: A freestanding sign which
placed upon the ground and that is portable
and readily moved from place to place.
b. Number of Signs: The allowable number of
signs is set forth in Table 3-1806.1.a.
c. Dimensional Requirements: Sidewalk
signs shall comply with the dimensional
requirements set forth in Table 3-1806.1.a.
d. Standards: Sidewalk signs shall comply
with the design standards set forth in Table
3-1806.1.a.
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PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT
BOARD STAFF REPORT
MEETING DATE: November 20, 2018
AGENDA ITEM: G.1.
CASE: TA2018-04002
ORDINANCE NO.: 9217-19
REQUEST: Review and recommendation to the City Council, of amendments
to Appendix C, Downtown Zoning District and Design Standards
of the Community Development Code, to establish new sign
regulations for the Downtown District.
INITIATED BY: City of Clearwater, Planning and Development Department
BACKGROUND:
On March 1, 2018 City Council reaffirmed the vision of Downtown as a thriving urban core
revitalized through the creation of a dense, livable development pattern, quality urban design and
a high quality public realm. On August 2, 2018 a new form-based Downtown District and
Development Standards was adopted by Council to implement the vision of the Plan which
supports the creation of a mixed use, pedestrian-oriented environment that preserves and
celebrates the unique features of Downtown and creates attractive places for shopping and living.
Signage plays an important role in making an impression and attracting customers to an area.
Well-designed signs not only build a business’ brand awareness but also an area’s brand.
Attractive signage makes an area more memorable and enticing to customers and is an integral
component of a vibrant and interesting streetscape. Proposed Ordinance No. 9217-19
establishes new sign regulations for the Downtown District to aid in the creation of a dynamic
urban environment.
ANALYSIS:
At present, all sign requirements are located in Article 3, Division 18 Signs. Ordinance No.
9217-19 proposes to revise and relocate regulations applicable to the Downtown District to
Appendix C, Division 7, which was reserved for sign standards when the District was adopted.
Existing sign regulations allow businesses in the Downtown District to erect the following
signage:
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• 1 attached sign 24 square feet in area (wall, awning, projecting, etc.); or 1 attached sign
3% of façade area if certain design standards are met.
• Window signage - 25% of window area on façade (no more than 50 square feet).
• Awning graphic (in addition to attached signage) - 25% of awning surface area not to
exceed 16 square feet.
• 1 attached sign on rear entrance facing parking lots - 6 square feet in area.
• 1 menu sign per restaurant - 6 square feet in area.
• 1 monument sign six feet in height - 3% of the building façade or 1 square feet for every
3 linear feet of lot frontage (minimum of 24 square feet).
Additionally, the sign code allows for temporary signage including sidewalk signs for retail,
restaurants, valet stands and parking garages, as well as four 16 square foot temporary signs per
parcel, two of which may be commercial signs. In the event a property or business owner is not
satisfied with the signage allowed above, additional signage and/or larger signage could be
requested through the Comprehensive Sign Program.
Proposed Amendments to Community Development Code Section 3-1807 and 4-1001
Because sign standards for Downtown are being moved to Appendix C of the Community
Development Code it is necessary to delete regulations specific to the Downtown District in
Article 3, Division 18 Signs. Deletions are proposed to the monument and attached sign
provisions in 3-1807, as well as references to the Clearwater Downtown Redevelopment Plan
area. In their place, new language is provided to direct users to the Downtown Sign Standards in
Appendix C, Division 7. Article 4, Division 10 Sign Permit is also being amended to reference
Appendix C to ensure that sign permit provisions are applicable in the Downtown District.
Proposed Amendments to Community Development Code Section 8-102
Based on the regulations proposed in Ordinance No. 9217-19, new definitions are being added to
Section 8-102 for awning sign, sign band, building sign, canopy sign, projecting sign, shingle
sign, skyline sign, and under canopy sign. While these sign types are allowed as attached
signage under the current code, it is helpful to further define them.
Proposed Amendments to Community Development Code Appendix C Division 7.
When the new Downtown District was adopted, Division 7 of Appendix C was reserved for Sign
Standards in anticipation of the creation of new regulations. Locating the sign regulations in
Appendix C ensures all regulations pertaining to Downtown are found in one place, which
provides for a much more user-friendly experience to Downtown business and property owners.
The new Downtown District sign standards are organized as follows.
• Section C-701 Intent and Purpose
• Section C-702 Applicability
• Section C-703 General Standards
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• Section C-704 General Principles for Sign Planning and Design Standards
• Section C-705 Allowable Sign Area, Number and Types of Signs.
Below is an overview of the contents of each section.
Section C-701. Intent and Purpose
While Article 3, Division 18 Signs establishes the intent and purpose of sign regulations
throughout the City, this section provides the rationale for establishing standards unique to
Downtown. The intent and purpose of these new regulations are to establish improved sign
standards that support the use of good design principles for locating signs in an urban
environment, complementing Downtown architecture, appropriately scaling signs for pedestrians
and drivers and facilitating creative and unique signs consistent with the intent and purpose of
the Downtown District.
Section C-702. Applicability
This section requires signage in Downtown to be consistent with the new requirements. If
something is not addressed in Division 7 this section clarifies that any relevant provisions of
Article 3, Division 18 Signs and Article 4, Division 10, Sign Permits should apply. It also
clarifies if there is a conflict between regulations in Article 3, Division 18 and Appendix C,
Division 7, the new requirements of Division 7 will govern.
Section C-703. General Standards
The section clarifies that exempt signs, prohibited, and temporary sign requirements found in
Sections 3-1803 – 3-1806 apply in the Downtown District. It also specifies that properties in the
Downtown District are eligible for the Comprehensive Sign Program.
Section C-704 General Principles for Sign Planning and Design Standards
In an urban environment it is important to have signage that effectively delivers messages to
those walking, biking and driving. Section C-704 establishes the concept of a sign hierarchy
which is a design principle that supports using different sized signs for different purposes and/or
messages. Specifically, the most important information should be placed on the most prominent
sign and additional or more defining information should be located on smaller signs. Different
sized signs can also provide information to different viewers. Proposed Ordinance No. 9217-19
includes photographs to illustrate how businesses have executed this concept and to help guide
business owners develop their signage plan. See the photographs below for two examples.
Section C-704 also provides best practices for sign location and alignment, the use of quality
materials and appropriate illumination.
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Section C-705 Allowable Sign Area, Number and Types of Signs
The most significant changes to the Downtown sign regulations are included in this section.
Because the Downtown District is creating a multi-modal urban environment, new formulas for
calculating allowable sign area are proposed. As indicated above, the current sign ordinance
allows one attached sign 24 square feet in area per establishment or 3% of the front façade area
provided certain design criteria are met. The proposed new formula for building signage is one
square foot of signage for each linear foot of building frontage along a street, or a minimum of
24 square feet and a maximum of 100 square feet. If a storefront is 50 feet in length along the
street, the business will be entitled to 50 square feet of signage in compliance with certain
dimensional requirements and standards based on the sign type(s) proposed. The formula was
derived from reviewing numerous Comprehensive Sign Program approvals and developing a
formula that was generally consistent with many of those approvals.
Because a variety of signs can create visual interest and an exciting streetscape when the
principles of a signage hierarchy are employed, the proposed ordinance allows multiple signs to
be erected. Using the proposed formula for building signage outlined above, a business owner
could erect up to three of the following building sign types - wall sign, awning sign, canopy sign,
projecting sign or shingle sign. It should be noted that there are some limitations on the number
of sign types that may be erected on a storefront and those are specified in the Sign Types
subsection (C-705.D).
In addition to the three allowable building signs, there are opportunities for more signage in the
way of certain awning signs, window signs and under canopy signs. The proposed code excludes
signage on awning valances no more than 10 inches in height from any number or area
standards. Due to the small size and location of under canopy signs, they are also excluded from
the building sign limitations but are limited to three square feet. Many ordinances require
window signage to be subject to the building sign formula, however, the proposed ordinance
allows for a separate allocation equal to 10% of each window (and glass door) opening on the
ground floor along a street frontage. Below is a graphic which illustrates how the new proposed
regulations, based on the principles of a sign hierarchy, could be applied.
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While the use of freestanding signs will be very limited in Downtown due to the lack of
significant front setbacks, a new formula is proposed to determine allowable freestanding sign
area. The current code limits such signage to one square foot of sign area for every three feet of
linear lot frontage or 3% of the building façade facing the street whichever is less but in no case
less than 24 square feet and no greater than 36 square feet. The proposed ordinance would
change this to one square foot of signage for each linear foot of building frontage no less than 24
square feet and no greater than 64 square feet. The current code only calls for monument style
signs which has limited design options whereas the proposed ordinance provides more flexibility
by allowing a freestanding sign. No changes are proposed to the maximum six-foot height
limitation or to the requirement that a building have a 20-foot front setback to be eligible for a
freestanding sign.
The proposed ordinance also provides for a skyline sign, which is a sign located at the top of a
high-rise building. One sign is allowed per façade facing a street frontage, however, the property
owner can choose on which façade to locate the sign. Skyline signs are proposed for buildings
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100 feet and higher and the formula for calculating the permitted sign area is 1 square foot of
sign area for each foot of building height. For example, a building that is 150 feet in height is
entitled to a sign 150 square feet in area. While you can find these types of signs in Clearwater,
they have been approved through the Comprehensive Sign Program.
There are two sign types which are currently allowed by the existing sign code that will continue
to be allowed in Downtown with no changes. One is a building sign located on a rear entry
facing a parking lot or Clearwater Harbor and the other is a sidewalk sign.
As mentioned above, Section C-705 includes specific standards related to the allowable sign
types/designs, many of which are based on current code requirements. These standards are
important as quality signage will contribute to the brand of Downtown and will ensure the use of
multiple signs will not negatively impact the streetscape. Lastly, for each sign type allowed
(awning signs, canopy signs, freestanding signs, projecting signs, shingle signs, sidewalk signs,
skyline signs, under canopy signs, wall signs and window signs), Section C-705 provides a
description of the sign type, the number of signs allowed per establishment, building or parcel,
and dimensional requirements and standards.
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code Section 4-601 sets forth the procedures and criteria for
reviewing text amendments. All text amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives
and Policies which will be furthered by the proposed Code amendments:
Goal A.3 The City of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the City
through consistent implementation of the Community Development Code.
The intent and purpose established for Downtown signage in Ordinance
No 9217-19 is to implement the vision established in the Clearwater
Downtown Redevelopment Plan. The proposed sign regulations for
Downtown are specifically created to implement good design principles
that result in signage that is geared to different viewers and ones that are
appropriately located and sized and made with q uality materials to create
an attractive urban environment.
Objective A.3.1 All signage within the City of Clearwater shall be consistent with the
Clearwater sign code, as found within the Community Development Code,
and all proposed signs shall be evaluated to determine their effectiveness
in reducing visual clutter and in enhancing the safety and attractiveness of
the streetscape.
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Proposed Ordinance No. 9217-19 includes amendments which balance
business needs to have effective signage with the City’s objective to have
an uncluttered, safe and attractive environment. Allowable sign area and
numbers of signs are proposed to be increased in a reasonable manner to
create a vibrant environment in the City’s urban core. Establishing limits
on illumination, instituting dimensional requirements and standards
coupled with the use of design principles based on creating a signage
hierarchy will minimize and prevent visual clutter, enhance safety and aid
in the creation of a vibrant streetscape.
Policy A.3.1.1 Commercial signs in Clearwater shall be restricted to discourage the
proliferation of visual clutter, promote community aesthetics, provide for
highway safety, and to allow the identification of business locations.
Proposed Ordinance No. 9217-19 allows multiple signs to be erected by
right, however, it also establishes reasonable design standards and size
parameters, and promotes the use of a hierarchy of signage. These
requirements will work together to promote a visually attractive
environment and provide businesses with reasonable opportunities to
reach a variety of viewers.
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendments will further the purposes of the CDC in that it will be
consistent with the following purposes set forth in Section 1-103.
▪ It is the purpose of this Development Code to implement the Comprehensive Plan of the
city; to promote the health, safety, general welfare and quality of life in the city; to guide
the orderly growth and development of the city; to establish rules of procedure for land
development approvals; to enhance the character of the city and the preservation of
neighborhoods; and to enhance the quality of life of all residents and property owners of
the city. (Section 1-103.A., CDC)
▪ It is the further purpose of this Development Code to make beautification of the city a
matter of the highest priority and to require that existing and future uses and structures in
the city are attractive and well-maintained to the maximum extent permitted by law.
(Section 1-103.D, CDC)
▪ Protect the character and the social and economic stability of all parts of the city through
the establishment of reasonable standards which encourage the orderly and beneficial
development of land within the city. (Section 1-103.E.2, CDC)
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▪ Preserve the natural resources and aesthetic character of the community for both the
resident and tourist population consistent with the city’s economic underpinnings.
(Section 1-103.E.5, CDC)
▪ Coordinate the provisions of this Development code with corollary provisions related to
parking, fences and walls, signs, minimum habitable area and like supplementary
requirements designed to establish an integrated and complete regulatory framework for
the use of land and water within the city. (Section 1-103.E.12, CDC)
The amendments proposed in Ordinance No. 9217-19 will further the above referenced
purposes by implementing the Comprehensive Plan policies related to signage and
Downtown, establishing a regulatory framework that allows additional sign area and the
use of multiple signs based on the principles of a signage hierarchy in order to support a
vibrant and attractive urban environment and result in signage that is geared to those
walking, biking and driving. These regulations will ensure signage that promotes
vehicular and pedestrian safety and will enhance the Downtown character and aid in the
creation of an attractive built environment while also contributing to the economic
stability of Downtown.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code relocate the sign regulations
for Downtown from Article 3, Division 18 to Appendix C. They provide new formulas for
determining allowable sign area and allow flexibility in the number of signs allowed by right and
provide appropriate design requirements to ensure such signage does not create clutter and result
in an unattractive environment. The proposed ordinance is consistent with and will further the
goals of the Clearwater Comprehensive Plan, the Downtown Redevelopment Plan and the
purposes of the Community Development Code. Based upon the above, the Planning and
Development Department recommends:
APPROVAL of Ordinance No. 9217-19 that amends the Community Development Code.
Prepared by Planning and Development Department Staff:
Gina L. Clayton
Assistant Planning and Development Director
ATTACHMENT: Ordinance No. 9217-19
1
MOTION TO AMEND ORDINANCE NO. 9217-19 ON FIRST READING
On page 3 of Exhibit A, Section C-705.A is amended to read as follows to add a
reference to the sign designs and style and sign types subsections:
Section C-705. ALLOWABLE SIGN AREA, NUMBER AND TYPES OF SIGNS
A) Sign Area and Number of Signs
The total maximum sign area and number of allowable signs shall be as determined in Table 5
below. For each cell in the table, there is a maximum allowed sign area that may be utilized
with any combination and any number of sign associated with that cell, unless otherwise noted.
The measurements for linear feet shall be at grade. Specific requirements for the allowable sign
types are set forth in Section C-705.C and D.
On page 10 of Exhibit A, Section C-705.D.2.b is amended to read as follows to
revise the number of sign limitations to apply to establishments instead of to buildings:
2. Projecting Signs
************
b. Number of Signs: No more than 1 projecting sign per building establishment.
************
On page 12 of Exhibit A, Figure 49 is amended by removing the Givenchy awning
sign example photograph and replacing it with the following photograph:
2
On page 13 of Exhibit A, Section C-705.D.5.d is amended to read as follows to
add a reference specifying allowable illumination:
5. Shingle Signs
************
d. Standards
1.A shingle sign shall be located a minimum of 15 feet from a projecting sign or
another shingle sign.
2. Shingle signs shall be located below the finished floor level of the second story.
3. Shingle signs may be externally or internally illuminated in accordance with Sections
C-704.D and C-705.C
On page 14 of Exhibit A, Section C-705.D.6.d.2 is amended to read as follows to
allow external illumination of under canopy signs:
6. Under Canopy Sign
************
d. Standards
3
1. Under canopy signs shall be used only at ground floor locations except for upper
floor businesses with covered entry porches or balconies
2. Under canopy signs shall not may be externally illuminated.
3. Under canopy signs shall be securely fixed to the underside of the canopy or porch.
___________________________
Pamela K. Akin
City Attorney
December 6, 2018
ORD. 9217-19 Exhibit A | 1 of 18
Division 7. Sign Standards
SECTION C-701. INTENT AND
PURPOSE
The intent and purpose of this section is to establish
specific standards for the Downtown District that
implement Section 3-1801. General Principles,
Section 3-1802. Purpose of the Sign Regulations as
well as the following:
A) Establish reasonable and improved sign standards
for Downtown that encourages the use of a hierarchy
of signs appropriately sized for a well-organized
visual Downtown environment.
B) Ensure that signs are complementary to the
architectural design of Downtown.
C) Ensure that signage is pedestrian oriented and
appropriately scaled for the Downtown environment.
D) Facilitate creative and innovative approaches
to signs consistent with the intent and purpose of
Section C-101 of the Downtown District.
E) Encourage uniquely designed signs that exhibit
a high degree of thoughtfulness, imagination and
inventiveness.
SECTION C-702. APPLICABILITY
No sign may be erected, or may thereafter be altered
or otherwise modified, in the Downtown District
except in accordance with the requirements of this
section. Requirements not specifically addressed
in Appendix C, Division 7 are subject to the signage
requirements set forth in Article 3, Division 18 Signs
and Article 4, Division 10 Sign Permit. If there are
any conflicts between these regulations and those in
Article 3, Division 18, these standards shall govern.
SECTION C-703. GENERAL STANDARDS
A) Exempt and prohibited sign provisions set forth
in Sections 3-1803 and 3-1804 shall apply in the
Downtown District.
B) General provisions for signs set forth in Section
3-1805 shall apply unless otherwise superseded by
regulations contained in this Appendix C, Division 7.
C) Temporary sign provisions set forth in Section
3-1806 shall apply in the Downtown District.
D) Properties in the Downtown District shall be
eligible for the Comprehensive Sign Program as set
forth in Section 3-1808.
SECTION C-704. GENERAL PRINCIPLES
FOR SIGN PLANNING AND DESIGN
STANDARDS
Vibrant, well designed signs promote business
activity, provide visual interest and create an
interesting environment that attracts people. To
ensure signage has a positive impact consistent with
the vision and guiding principles established in the
Clearwater Downtown Redevelopment Plan, the
following general principles and design standards
shall apply in addition to those set forth in Section
C-705. below.
A) Hierarchy of Signs
Signs are the graphic representation of a business
in the built environment, therefore, they should be
designed in a concise manner to deliver essential
information quickly, efficiently and at the point
where it is needed. If more than one sign is erected
on a single building/business façade a clear hierarchy
should be used to ensure the important content is
the most prominent. All signs shall be scaled in a
clear hierarchy and shall address different viewer
orientations and audiences. The most important
information on a sign should be the most prominent
and emphasized component of the sign. The more
important the information, the higher its visibility
should be with regard to sign size and placement.
Layering information helps customers obtain the
information they need while ensuring that every
sign has an objective. Larger signs, which are
intended to be viewed from farther distances should
be strategically placed on the building façade over
storefronts and entrances. Smaller signs can provide
information at a smaller scale and be intended for
view from shorter distances at the pedestrian level.
ORD. 9217-19 Exhibit A | 2 of 18
Figure 33. Hierarchy of Signs Example
Figure 34. Hierarchy of Signs Example
Figure 35. Hierarchy of Signs Example
ORD. 9217-19 Exhibit A | 3 of 18
B) Location and Alignment
Signs shall comply with the following location and
alignment standards in addition to any specific
standards specified in Section C-705.D. Sign Types.
1. Signs shall be placed in a manner that
is proportional to the space on which it is
located. This includes building signs as well as
freestanding signs.
2. Signs shall be positioned to emphasize or
accent elements such as entrances or storefront
openings.
3. Signs shall not obstruct important architectural
features.
4. Signs shall not obstruct any window or door,
except for window signs allowed pursuant to
Section C-705.D.7.
5. Signs shall not extend above the roofline,
parapet or above the eave line.
6. No portion of a sign shall extend beyond the
ends of the wall to which it is attached, unless it is
a projecting or shingle sign.
7. Signage for occupants located on the second
floor and above shall be located on signage
by the primary entrance to those floors, unless
otherwise allowed in Section C-705.
8. Signage shall be integrated into signs bands if
provided.
C) Materials
1. Signs shall be made of permanent, durable
materials such as sealed wood, metals, metal
composites, acrylic, polycarbonate, flexible
face, brick, stucco, stone and other high-quality
materials as approved by the Community
Development Coordinator.
2. Prohibited materials include plexiglass,
plywood, and vinyl unless located on windows.
3. Signs shall not incorporate reflective materials.
4. Neon paint is prohibited.
5. No paper or poster signs unless it is an
allowable temporary sign pursuant to Section
3-1806.
D) Illumination
All illuminated signs shall comply with the following
standards. Certain sign types may have additional
limitations set forth in Section C-705.D. Sign Types.
1. External light sources intended to illuminate
the sign face shall be fully shielded and placed
close to, and directed upon, the sign face.
2. Light fixtures and mounting devices shall
complement the color and design of the sign.
3. Exposed neon tube may be used.
4. Illumination shall not cast excessive lighting on
upper-floor residences or on adjacent properties.
5. Ground mounted uplighting shall be permitted
provided light does not spill off of the sign face.
6. Transformer boxes shall not be visible on any
façade facing a street.
SECTION C-705. ALLOWABLE SIGN
AREA, NUMBER AND TYPES OF SIGNS
A) Sign Area and Number of Signs
The total maximum sign area and number of
allowable signs shall be as determined in Table
5 below. For each cell in the table, there is a
maximum allowed sign area that may be utilized
with any combination and any number of signs
associated with that cell, unless otherwise noted.
The measurements for linear feet shall be at grade.
Specific requirements for the allowable sign types
are set forth in Section C-705.C and D.
B) Calculating Allowable Sign Area
The following figures illustrate how to determine
street frontage for the purposes of calculating sign
area and how to calculate and apply allowable
signage.
ORD. 9217-19 Exhibit A | 4 of 18
SIGN TYPE
MAXIMUM NUMBER OF SIGNS (Per
Building or Establishment with Exterior
Entrance or Parcel, whichever is
applicable)
TOTAL ALLOWABLE SIGN AREA (Per
Building or Establishment with Exterior
Entrance or Parcel, whichever is
applicable)
Building Signs
Wall Signs
Awning Signs
Canopy Signs
Projecting Signs
Shingle Signs
No more than 3 per facade along a street
frontage.
1 square foot of sign area per 1 linear foot
of building facade facing a street frontage
or 24 square feet, whichever is greater. The
total square footage of any combination of
buildings signs shall not exceed 100 square
feet.
Under Canopy Signs 1 per facade along a street frontage 3 square feet
Rear Entry Building Sign 1 per establishment with public rear
entrance facing parking lot or Clearwater
Harbor
16 square feet
Window Signs N/A 10% of each fi rst fl oor window and glass
door opening*
Skyline Signs 1 per building facade along a street
frontage
1 square foot per 1 foot of building height
Freestanding Signs 1 sign per parcel fronting a street frontage
with a building setback of at least 20 feet
1 square foot per 1 liner foot of building
frontage or 24 square feet, whichever is
greater, but no more than 64 square feet.
Sidewalk Signs 1 sign per retail/restaurant use Consistent with Table 3-1806.1.a Criteria and
Limitations for Sidewalk Signs
* Does not include temporary signs pursuant to 3-1806.
Table 5. Allowable Signage
ORD. 9217-19 Exhibit A | 5 of 18
Figure 36. Building Frontage Determination
Sidewalk
Street
Building
Street Frontage
Building Facade
Building Facade
Building
Building Facade Building FacadeSidewalkStreetStreet FrontageDrawing Not to Scale
ORD. 9217-19 Exhibit A | 6 of 18
Figure 37. Calculations
Linear Building Facade
60 FeetDrawing Not to Scale
8'
12'ProjectingSIGN*
18'
B
Sign Calculation Illustration:
Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of building
facade facing the street frontage, or 24 square feet, whichever is greater.
Maximum Buildings Signs Allowed: 3
Linear Feet of Building Facade: 60 feet
Total Building Signage Area Allowed: 60 square feet.
A. Projecting Sign: One 32 Sf. (8'x2.5'=20 Sf. Rectangular section) + (12 Sf. Circular Section Rad=2').
B. Canopy Sign: Two 28 Sf. ( Two signs - 14'x1.0 '= 14 Sf. Each).
Total Building Sign Area: 60 Sf.
Number of Building Sign: 3
Additional Allowable Signage
C. Proposed Window Sign: 24 Sf. (Two signs - 12 Sf. Each).
10% of Window area.
Total Additional Signage: 24 Sf.
Number of Additional Signs: 2
TOTAL SIGN AREA: 84 Sf.
TOTAL NUMBER OF SIGNS: 5
CANOPY SIGN CANOPY SIGN
A
C
**********
ORD. 9217-19 Exhibit A | 7 of 18
2.4'
Linear Building Facade
60 Feet
20'
W A L L S I G N
Drawing Not to Scale
2'
A w n i n g V a l a n c e S i g nA w n i n g V a l a n c e S i g n*4'
Sign Calculation Illustration:
Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of building
facade facing the street frontage, or 24 square feet, whichever is greater.
Maximum Buildings Signs Allowed: 3
Linear Feet of Building Facade: 60 feet
Total Building Signage Area Allowed: 60 Square Feet.
A. Wall Sign: 40 Sf. (2'x20')
B. Awning Sign: 9 Sf. (3'x3')
C. Shingle Sign: 6 Sf. (2.4'x2.4')
Total Building Sign Area: 55 Sf.
Number of Building Sigs: 3
Additional Allowable Signage
D. Proposed Window Sign: 24 Sf. (Two signs -12 Sf. Each).
10% of Total Window area.
E. Proposed Awning Valance Sign: 10 Sf. (Two signs - 5 Sf. Each - 160"x0.75=120"x6"= 5 Sf.).
Up to 75% of Valance Width.
Total Additional Sign Area: 34 Sf.
Number of Additional Signs: 4
TOTAL SIGN AREA: 89 Sf.
TOTAL NUMBER OF SIGNS: 7
***
4'
8'
A
B
D
C
E
Figure 38. Calculations
ORD. 9217-19 Exhibit A | 8 of 18
D) Sign Types
The following sign types are permitted in the
Downtown District subject to the requirements
below.
C) Sign Design and Styles
1. Allowable sign styles/designs include flat
cut out letters, shoebox cabinet signs, contour
cabinet signs, capsule signs, push-through signs,
signs sewn to or screen printed on awnings,
open face channel letters, back-lit/halo channel
letters, or other designs/styles that produce a
high-quality appearance as approved by the
Community Development Coordinator.
2. In addition to those prohibited signs set forth
in Section 3-1804, the following sign designs and
types shall not be permitted in the Downtown
District.
a. Standard cabinet signs
b. Back-lit awning signs
c. Internally illuminated channel letters/front-lit
letters
d. Signs painted on buildings
e. Raceways and wireways, unless designed as
an integral part of the sign design
f. Paper/poster/etc. unless allowed pursuant to
Section 3-1806 Temporary Signs
ORD. 9217-19 Exhibit A | 9 of 18
Figure 39. Wall Sign Diagram
Figure 40. Wall Sign Example
Figure 41. Wall Sign Example
1. Wall Signs
a. Description: A sign attached parallel to and
placed either directly on or attached to the
exterior wall of a building.
b. Number of Signs: No more than 3 per
establishment facing a street frontage.
c. Dimensional Requirements
1. The width of a wall sign shall not exceed
75% of the length of the façade along a
street.
2. Wall signs shall not project more than 12
inches from the building façade.
d. Standards
1. Wall signs shall be located on the upper
portion of the storefront, within or just
above the storefront opening.
2. One main wall sign is permitted per
facade facing a street. Smaller walls signs
are permitted in compliance with Section
C-705, Table 5.
3. Wall signs may be externally or internally
illuminated in accordance with Sections
C-704.D and Section C-705.C.
4. No wall sign may extend above the top of
the first floor or the finished floor line of the
second floor, unless otherwise approved by
the Community Development Coordinator.
ORD. 9217-19 Exhibit A | 10 of 18
Figure 42. Projecting Sign Diagram
Figure 43. Projecting Sign Example
Figure 44. Projecting Sign Example
2. Projecting Signs
a. Description: A two-sided sign that is
attached to and projects outward from the
building. It is generally vertical in orientation
and projects perpendicular to the building.
b. Number of Signs: No more than 1 projecting
sign per establishment.
c. Dimensional Requirements
1. The width of a projecting sign shall not
exceed 4 feet.
2. Sign brackets shall not extend more than
18 inches from the building wall.
3. Projecting signs shall be setback 5 feet
from the curb line.
d. Standards
1. A projecting sign shall be located a
minimum of 30 feet from another projecting
sign.
2. Projecting signs shall be located between
the finished floor of the 2nd and 3rd story or
between the 2nd story and roof.
3. A projecting sign may be located on
a building corner and may incorporate
sign area from both frontages provided
the remaining allowable sign area is split
proportionally among the two frontages.
4. Projecting signs may be externally or
internally illuminated in accordance with
Sections C-704.D and Section C-705.C.
ORD. 9217-19 Exhibit A | 11 of 18
Figure 45. Canopy Sign Diagram
Figure 46. Canopy Sign Example
Figure 47. Canopy Sign Example
3. Canopy Signs
a. Description: A sign that is attached to,
applied to or affixed to the visible surface of an
attached canopy.
b. Number of Signs: No more than 2 canopy
signs per establishment facing a street
frontage.
c. Dimensional Requirements
1. No more than 75% of the width of the
canopy may be occupied by signage.
2. Letters attached to and projecting above
the canopy shall be limited to 2 feet in
height.
3. The vertical clearance from the sidewalk
to the lowest point of the canopy shall be 8
feet.
4. The canopy shall be setback 5 feet from
the curb line.
d. Standards
1. Signs may be located on the face of the
canopy or extend above it.
2. A raceway may be used to attach a
canopy sign erected above a canopy
provided it is concealed from view behind
the canopy.
3. Canopy signs may be illuminated in
accordance with Section C-704.D and
Section C-705.C.
ORD. 9217-19 Exhibit A | 12 of 18
Figure 48. Awning Sign Diagram
Figure 49. Awning Sign Example
Figure 50. Awning Sign Example
4. Awning Signs
a. Description: A sign that is affixed flat to the
valance or the shed of an awning. Such sign
may be screen printed or appliqued to the
awning.
b. Number of Signs: No more than 1 awning
sign shall be allowed on each awning shed and
valance.
c. Dimensional Requirements
1. No more than 30% of the shed area
(sloping plane) of the awning may be
occupied by signage.
2. Signs on awning valances 10 inches
or less in height are exempt from the
maximum allowable sign area and
maximum number of permitted signs.
3. No more than 75% of the awning valance
may be used for signage.
4. The vertical clearance from sidewalk to
the lowest point of awning shall be 8 feet.
5. The awning shall be setback 5 feet from
the curb line.
d. Standards
1. Awning signs shall only be allowed on
awnings erected over ground floor doors
and/or windows.
2. Awning signs shall only be externally
illuminated.
3. Signage is only allowed on the shed
or valance of the awning along a street
frontage.
ORD. 9217-19 Exhibit A | 13 of 18
Figure 51. Shingle Sign Diagram
Figure 52. Shingle Sign Example
Figure 53. Shingle Sign Example
5. Shingle Signs
a. Description: A small projecting sign that
extends outward at a 90 degree angle and may
either hang from brackets or be mounted with
brackets to the building façade.
b. Number of Signs: No more than 1 shingle
sign per establishment along a street frontage.
c. Dimensional Requirements
1. Shingle signs shall not exceed 6 square
feet in area.
2. Shingle signs, including sign brackets,
shall not extend more than 4 feet from the
building wall.
3. The vertical clearance from the sidewalk
to the lowest point of the shingle sign shall
be 8 feet.
4. Shingle signs shall be setback 5 feet from
curb line.
d. Standards
1. A shingle sign shall be located a minimum
of 15 feet from a projecting sign or another
shingle sign.
2. Shingle signs shall be located below the
finished floor level of the second story.
3. Shingle signs may be externally or
internally illuminated in accordance with
Sections C-704.D and C-705.C.
ORD. 9217-19 Exhibit A | 14 of 18
Figure 54. Under Canopy Sign Example
Figure 55. Under Canopy Sign Example
Figure 56. Under Canopy Sign Example
6. Under Canopy Signs
a. Description: A sign that is suspended from,
and located entirely under a covered porch,
covered walkway or canopy supported by a
building.
b. Number of Signs: No more than 1 per
establishment facing a street frontage.
c. Dimensional Requirements
1. Under canopy signs shall not project
beyond the limitations of the covered porch
or canopy.
2. The vertical clearance from the sidewalk
to the lowest point of the under canopy
sign shall be 7 feet.
3. Under canopy signs shall be setback 5
feet from the curb line.
d. Standards
1. Under canopy signs shall be used only
at ground floor locations except for upper
floor businesses with covered entry porches
or balconies.
2. Under canopy signs may be externally
illuminated.
3. Under canopy signs shall be securely fixed
to the underside of the canopy or porch.
ORD. 9217-19 Exhibit A | 15 of 18
Figure 57. Window Sign Example
Figure 58. Window Sign Example
Figure 59. Window Sign Example
7. Window Signs
a. Description: A sign that is affixed or attached
to the inside of a window facing the street.
b. Number of Signs: N/A
c. Dimensional Requirements
1. Window signs shall not exceed 10% of any
window or glass door opening.
2. The total area of window signs erected
along a street frontage shall not exceed 50
square feet.
d. Standards
1. Window signs shall be limited to windows
and doors on the ground floor.
2. Window signs should be applied directly
to the interior face of the glazing or hung
inside the window, thereby concealing all
mounting hardware and equipment
3. Window signs shall not obscure views
into a business.
4. Window signs should complement the
merchandise display without obscuring it.
5. Window signs should be scaled to the
pedestrian instead of vehicular traffic.
ORD. 9217-19 Exhibit A | 16 of 18
Figure 60. Skyline Sign Diagram
Figure 61. Skyline Sign Example
Figure 62. Skyline Sign Example
8. Skyline Signs
a. Description: A building sign that is attached
to the exterior wall of the upper band of a
building.
b. Number of Signs: No more than 1 sign per
façade along a street frontage.
c. Dimensional Requirements: The maximum
height of a skyline signs shall not exceed an
average of 4 feet.
d. Standards
1. Skyline signs may be oriented horizontally
or vertically.
2. Skyline signs shall not be externally
illuminated. Internally illuminated signs
are permitted provided the sign is in
compliance with Sections C-704.D and
C-705.B.
3. An allowable skyline sign may be located
on any side of the building.
4. The design of a skyline sign shall be
complementary and not compete with or
detract from any sculpted roof design.
ORD. 9217-19 Exhibit A | 17 of 18
Figure 63. Freestanding Sign Diagram
Figure 64. Freestanding Sign Example
Figure 65. Freestanding Sign Example
9. Freestanding Sign
a. Description: A sign supported by a structure
or supports that are permanently placed on or
anchored in the ground that are independent
of any building.
b. Number of Signs: No more than 1
freestanding sign per parcel.
c. Dimensional Requirements
1. Freestanding signs shall not exceed 6 feet
height.
2. Freestanding signs shall be located in a
landscaped area consisting of shrubs and/or
ground cover at least 3 feet in width around
the entire sign base.
3. Freestanding signs shall be setback 5 feet
from any property line.
d. Standards
1. Freestanding signs shall be designed with
a distinctive design that is complementary
to the building or with an architectural
element used on the building such as an
arch, capstone, pediment, distinctive roof
form/material, etc. defining materials,
textures and colors used on the building;
or a shape, form or motif that portrays the
business.
2. Freestanding signs shall be consistent
with or complementary to the overall
design, colors, materials and font style of
the building signage.
3. Freestanding signs may be externally
illuminated. Internally illuminated signs
may be permitted only if the letters and
graphics on the sign are illuminated.
4. The base and/or supports of freestanding
signs shall be of a width that creates
proportionality to the overall sign design.
5. No more than 25% of sign face area may
contain two lines of zip track for manual
changeable area. Such area and letters shall
be coordinated with the color of the sign.
ORD. 9217-19 Exhibit A | 18 of 18
Figure 66. Sidewalk Sign Example
Figure 67. Sidewalk Sign Example
Figure 68. Sidewalk Sign Example
10. Sidewalk Signs
a. Description: A freestanding sign which
placed upon the ground and that is portable
and readily moved from place to place.
b. Number of Signs: The allowable number of
signs is set forth in Table 3-1806.1.a.
c. Dimensional Requirements: Sidewalk
signs shall comply with the dimensional
requirements set forth in Table 3-1806.1.a.
d. Standards: Sidewalk signs shall comply
with the design standards set forth in Table
3-1806.1.a.
ORD. 9217-19 Exhibit A | 1 of 18
Division 7. Sign Standards
SECTION C-701. INTENT AND
PURPOSE
The intent and purpose of this section is to establish
specific standards for the Downtown District that
implement Section 3-1801. General Principles,
Section 3-1802. Purpose of the Sign Regulations as
well as the following:
A) Establish reasonable and improved sign standards
for Downtown that encourages the use of a hierarchy
of signs appropriately sized for a well-organized
visual Downtown environment.
B) Ensure that signs are complementary to the
architectural design of Downtown.
C) Ensure that signage is pedestrian oriented and
appropriately scaled for the Downtown environment.
D) Facilitate creative and innovative approaches
to signs consistent with the intent and purpose of
Section C-101 of the Downtown District.
E) Encourage uniquely designed signs that exhibit
a high degree of thoughtfulness, imagination and
inventiveness.
SECTION C-702. APPLICABILITY
No sign may be erected, or may thereafter be altered
or otherwise modified, in the Downtown District
except in accordance with the requirements of this
section. Requirements not specifically addressed
in Appendix C, Division 7 are subject to the signage
requirements set forth in Article 3, Division 18 Signs
and Article 4, Division 10 Sign Permit. If there are
any conflicts between these regulations and those in
Article 3, Division 18, these standards shall govern.
SECTION C-703. GENERAL STANDARDS
A) Exempt and prohibited sign provisions set forth
in Sections 3-1803 and 3-1804 shall apply in the
Downtown District.
B) General provisions for signs set forth in Section
3-1805 shall apply unless otherwise superseded by
regulations contained in this Appendix C, Division 7.
C) Temporary sign provisions set forth in Section
3-1806 shall apply in the Downtown District.
D) Properties in the Downtown District shall be
eligible for the Comprehensive Sign Program as set
forth in Section 3-1808.
SECTION C-704. GENERAL PRINCIPLES
FOR SIGN PLANNING AND DESIGN
STANDARDS
Vibrant, well designed signs promote business
activity, provide visual interest and create an
interesting environment that attracts people. To
ensure signage has a positive impact consistent with
the vision and guiding principles established in the
Clearwater Downtown Redevelopment Plan, the
following general principles and design standards
shall apply in addition to those set forth in Section
C-705. below.
A) Hierarchy of Signs
Signs are the graphic representation of a business
in the built environment, therefore, they should be
designed in a concise manner to deliver essential
information quickly, efficiently and at the point
where it is needed. If more than one sign is erected
on a single building/business façade a clear hierarchy
should be used to ensure the important content is
the most prominent. All signs shall be scaled in a
clear hierarchy and shall address different viewer
orientations and audiences. The most important
information on a sign should be the most prominent
and emphasized component of the sign. The more
important the information, the higher its visibility
should be with regard to sign size and placement.
Layering information helps customers obtain the
information they need while ensuring that every
sign has an objective. Larger signs, which are
intended to be viewed from farther distances should
be strategically placed on the building façade over
storefronts and entrances. Smaller signs can provide
information at a smaller scale and be intended for
view from shorter distances at the pedestrian level.
ORD. 9217-19 Exhibit A | 2 of 18
Figure 33. Hierarchy of Signs Example
Figure 34. Hierarchy of Signs Example
Figure 35. Hierarchy of Signs Example
ORD. 9217-19 Exhibit A | 3 of 18
B) Location and Alignment
Signs shall comply with the following location and
alignment standards in addition to any specific
standards specified in Section C-705.D. Sign Types.
1. Signs shall be placed in a manner that
is proportional to the space on which it is
located. This includes building signs as well as
freestanding signs.
2. Signs shall be positioned to emphasize or
accent elements such as entrances or storefront
openings.
3. Signs shall not obstruct important architectural
features.
4. Signs shall not obstruct any window or door,
except for window signs allowed pursuant to
Section C-705.D.7.
5. Signs shall not extend above the roofline,
parapet or above the eave line.
6. No portion of a sign shall extend beyond the
ends of the wall to which it is attached, unless it is
a projecting or shingle sign.
7. Signage for occupants located on the second
floor and above shall be located on signage
by the primary entrance to those floors, unless
otherwise allowed in Section C-705.
8. Signage shall be integrated into signs bands if
provided.
C) Materials
1. Signs shall be made of permanent, durable
materials such as sealed wood, metals, metal
composites, acrylic, polycarbonate, flexible
face, brick, stucco, stone and other high-quality
materials as approved by the Community
Development Coordinator.
2. Prohibited materials include plexiglass,
plywood, and vinyl unless located on windows.
3. Signs shall not incorporate reflective materials.
4. Neon paint is prohibited.
5. No paper or poster signs unless it is an
allowable temporary sign pursuant to Section
3-1806.
D) Illumination
All illuminated signs shall comply with the following
standards. Certain sign types may have additional
limitations set forth in Section C-705.D. Sign Types.
1. External light sources intended to illuminate
the sign face shall be fully shielded and placed
close to, and directed upon, the sign face.
2. Light fixtures and mounting devices shall
complement the color and design of the sign.
3. Exposed neon tube may be used.
4. Illumination shall not cast excessive lighting on
upper-floor residences or on adjacent properties.
5. Ground mounted uplighting shall be permitted
provided light does not spill off of the sign face.
6. Transformer boxes shall not be visible on any
façade facing a street.
SECTION C-705. ALLOWABLE SIGN
AREA, NUMBER AND TYPES OF SIGNS
A) Sign Area and Number of Signs
The total maximum sign area and number of
allowable signs shall be as determined in Table
5 below. For each cell in the table, there is a
maximum allowed sign area that may be utilized
with any combination and any number of signs
associated with that cell, unless otherwise noted.
The measurements for linear feet shall be at grade.
Specific requirements for the allowable sign types
are set forth in Section C-705.C and D.
B) Calculating Allowable Sign Area
The following figures illustrate how to determine
street frontage for the purposes of calculating sign
area and how to calculate and apply allowable
signage.
ORD. 9217-19 Exhibit A | 4 of 18
SIGN TYPE
MAXIMUM NUMBER OF SIGNS (Per
Building or Establishment with Exterior
Entrance or Parcel, whichever is
applicable)
TOTAL ALLOWABLE SIGN AREA (Per
Building or Establishment with Exterior
Entrance or Parcel, whichever is
applicable)
Building Signs
Wall Signs
Awning Signs
Canopy Signs
Projecting Signs
Shingle Signs
No more than 3 per facade along a street
frontage.
1 square foot of sign area per 1 linear foot
of building facade facing a street frontage
or 24 square feet, whichever is greater. The
total square footage of any combination of
buildings signs shall not exceed 100 square
feet.
Under Canopy Signs 1 per facade along a street frontage 3 square feet
Rear Entry Building Sign 1 per establishment with public rear
entrance facing parking lot or Clearwater
Harbor
16 square feet
Window Signs N/A 10% of each fi rst fl oor window and glass
door opening*
Skyline Signs 1 per building facade along a street
frontage
1 square foot per 1 foot of building height
Freestanding Signs 1 sign per parcel fronting a street frontage
with a building setback of at least 20 feet
1 square foot per 1 liner foot of building
frontage or 24 square feet, whichever is
greater, but no more than 64 square feet.
Sidewalk Signs 1 sign per retail/restaurant use Consistent with Table 3-1806.1.a Criteria and
Limitations for Sidewalk Signs
* Does not include temporary signs pursuant to 3-1806.
Table 5. Allowable Signage
ORD. 9217-19 Exhibit A | 5 of 18
Figure 36. Building Frontage Determination
Sidewalk
Street
Building
Street Frontage
Building Facade
Building Facade
Building
Building Facade Building FacadeSidewalkStreetStreet FrontageDrawing Not to Scale
ORD. 9217-19 Exhibit A | 6 of 18
Figure 37. Calculations
Linear Building Facade
60 FeetDrawing Not to Scale
8'
12'ProjectingSIGN*
18'
B
Sign Calculation Illustration:
Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of building
facade facing the street frontage, or 24 square feet, whichever is greater.
Maximum Buildings Signs Allowed: 3
Linear Feet of Building Facade: 60 feet
Total Building Signage Area Allowed: 60 square feet.
A. Projecting Sign: One 32 Sf. (8'x2.5'=20 Sf. Rectangular section) + (12 Sf. Circular Section Rad=2').
B. Canopy Sign: Two 28 Sf. ( Two signs - 14'x1.0 '= 14 Sf. Each).
Total Building Sign Area: 60 Sf.
Number of Building Sign: 3
Additional Allowable Signage
C. Proposed Window Sign: 24 Sf. (Two signs - 12 Sf. Each).
10% of Window area.
Total Additional Signage: 24 Sf.
Number of Additional Signs: 2
TOTAL SIGN AREA: 84 Sf.
TOTAL NUMBER OF SIGNS: 5
CANOPY SIGN CANOPY SIGN
A
C
**********
ORD. 9217-19 Exhibit A | 7 of 18
2.4'
Linear Building Facade
60 Feet
20'
W A L L S I G N
Drawing Not to Scale
2'
A w n i n g V a l a n c e S i g nA w n i n g V a l a n c e S i g n*4'
Sign Calculation Illustration:
Total Allowable Building Sign Area: One (1) square foot of sign area per one (1) linear foot of building
facade facing the street frontage, or 24 square feet, whichever is greater.
Maximum Buildings Signs Allowed: 3
Linear Feet of Building Facade: 60 feet
Total Building Signage Area Allowed: 60 Square Feet.
A. Wall Sign: 40 Sf. (2'x20')
B. Awning Sign: 9 Sf. (3'x3')
C. Shingle Sign: 6 Sf. (2.4'x2.4')
Total Building Sign Area: 55 Sf.
Number of Building Sigs: 3
Additional Allowable Signage
D. Proposed Window Sign: 24 Sf. (Two signs -12 Sf. Each).
10% of Total Window area.
E. Proposed Awning Valance Sign: 10 Sf. (Two signs - 5 Sf. Each - 160"x0.75=120"x6"= 5 Sf.).
Up to 75% of Valance Width.
Total Additional Sign Area: 34 Sf.
Number of Additional Signs: 4
TOTAL SIGN AREA: 89 Sf.
TOTAL NUMBER OF SIGNS: 7
***
4'
8'
A
B
D
C
E
Figure 38. Calculations
ORD. 9217-19 Exhibit A | 8 of 18
D) Sign Types
The following sign types are permitted in the
Downtown District subject to the requirements
below.
C) Sign Design and Styles
1. Allowable sign styles/designs include flat
cut out letters, shoebox cabinet signs, contour
cabinet signs, capsule signs, push-through signs,
signs sewn to or screen printed on awnings,
open face channel letters, back-lit/halo channel
letters, or other designs/styles that produce a
high-quality appearance as approved by the
Community Development Coordinator.
2. In addition to those prohibited signs set forth
in Section 3-1804, the following sign designs and
types shall not be permitted in the Downtown
District.
a. Standard cabinet signs
b. Back-lit awning signs
c. Internally illuminated channel letters/front-lit
letters
d. Signs painted on buildings
e. Raceways and wireways, unless designed as
an integral part of the sign design
f. Paper/poster/etc. unless allowed pursuant to
Section 3-1806 Temporary Signs
ORD. 9217-19 Exhibit A | 9 of 18
Figure 39. Wall Sign Diagram
Figure 40. Wall Sign Example
Figure 41. Wall Sign Example
1. Wall Signs
a. Description: A sign attached parallel to and
placed either directly on or attached to the
exterior wall of a building.
b. Number of Signs: No more than 3 per
establishment facing a street frontage.
c. Dimensional Requirements
1. The width of a wall sign shall not exceed
75% of the length of the façade along a
street.
2. Wall signs shall not project more than 12
inches from the building façade.
d. Standards
1. Wall signs shall be located on the upper
portion of the storefront, within or just
above the storefront opening.
2. One main wall sign is permitted per
facade facing a street. Smaller walls signs
are permitted in compliance with Section
C-705, Table 5.
3. Wall signs may be externally or internally
illuminated in accordance with Sections
C-704.D and Section C-705.C.
4. No wall sign may extend above the top of
the first floor or the finished floor line of the
second floor, unless otherwise approved by
the Community Development Coordinator.
ORD. 9217-19 Exhibit A | 10 of 18
Figure 42. Projecting Sign Diagram
Figure 43. Projecting Sign Example
Figure 44. Projecting Sign Example
2. Projecting Signs
a. Description: A two-sided sign that is
attached to and projects outward from the
building. It is generally vertical in orientation
and projects perpendicular to the building.
b. Number of Signs: No more than 1 projecting
sign per building establishment.
c. Dimensional Requirements
1. The width of a projecting sign shall not
exceed 4 feet.
2. Sign brackets shall not extend more than
18 inches from the building wall.
3. Projecting signs shall be setback 5 feet
from the curb line.
d. Standards
1. A projecting sign shall be located a
minimum of 30 feet from another projecting
sign.
2. Projecting signs shall be located between
the finished floor of the 2nd and 3rd story or
between the 2nd story and roof.
3. A projecting sign may be located on
a building corner and may incorporate
sign area from both frontages provided
the remaining allowable sign area is split
proportionally among the two frontages.
4. Projecting signs may be externally or
internally illuminated in accordance with
Sections C-704.D and Section C-705.C.
ORD. 9217-19 Exhibit A | 11 of 18
Figure 45. Canopy Sign Diagram
Figure 46. Canopy Sign Example
Figure 47. Canopy Sign Example
3. Canopy Signs
a. Description: A sign that is attached to,
applied to or affixed to the visible surface of an
attached canopy.
b. Number of Signs: No more than 2 canopy
signs per establishment facing a street
frontage.
c. Dimensional Requirements
1. No more than 75% of the width of the
canopy may be occupied by signage.
2. Letters attached to and projecting above
the canopy shall be limited to 2 feet in
height.
3. The vertical clearance from the sidewalk
to the lowest point of the canopy shall be 8
feet.
4. The canopy shall be setback 5 feet from
the curb line.
d. Standards
1. Signs may be located on the face of the
canopy or extend above it.
2. A raceway may be used to attach a
canopy sign erected above a canopy
provided it is concealed from view behind
the canopy.
3. Canopy signs may be illuminated in
accordance with Section C-704.D and
Section C-705.C.
ORD. 9217-19 Exhibit A | 12 of 18
Figure 48. Awning Sign Diagram
Figure 49. Awning Sign Example
Figure 50. Awning Sign Example
4. Awning Signs
a. Description: A sign that is affixed flat to the
valance or the shed of an awning. Such sign
may be screen printed or appliqued to the
awning.
b. Number of Signs: No more than 1 awning
sign shall be allowed on each awning shed and
valance.
c. Dimensional Requirements
1. No more than 30% of the shed area
(sloping plane) of the awning may be
occupied by signage.
2. Signs on awning valances 10 inches
or less in height are exempt from the
maximum allowable sign area and
maximum number of permitted signs.
3. No more than 75% of the awning valance
may be used for signage.
4. The vertical clearance from sidewalk to
the lowest point of awning shall be 8 feet.
5. The awning shall be setback 5 feet from
the curb line.
d. Standards
1. Awning signs shall only be allowed on
awnings erected over ground floor doors
and/or windows.
2. Awning signs shall only be externally
illuminated.
3. Signage is only allowed on the shed
or valance of the awning along a street
frontage.
ORD. 9217-19 Exhibit A | 13 of 18
Figure 51. Shingle Sign Diagram
Figure 52. Shingle Sign Example
Figure 53. Shingle Sign Example
5. Shingle Signs
a. Description: A small projecting sign that
extends outward at a 90 degree angle and may
either hang from brackets or be mounted with
brackets to the building façade.
b. Number of Signs: No more than 1 shingle
sign per establishment along a street frontage.
c. Dimensional Requirements
1. Shingle signs shall not exceed 6 square
feet in area.
2. Shingle signs, including sign brackets,
shall not extend more than 4 feet from the
building wall.
3. The vertical clearance from the sidewalk
to the lowest point of the shingle sign shall
be 8 feet.
4. Shingle signs shall be setback 5 feet from
curb line.
d. Standards
1. A shingle sign shall be located a minimum
of 15 feet from a projecting sign or another
shingle sign.
2. Shingle signs shall be located below the
finished floor level of the second story.
3. Shingle signs may be externally or
internally illuminated in accordance with
Sections C-704.D and C-705.C.
ORD. 9217-19 Exhibit A | 14 of 18
Figure 54. Under Canopy Sign Example
Figure 55. Under Canopy Sign Example
Figure 56. Under Canopy Sign Example
6. Under Canopy Signs
a. Description: A sign that is suspended from,
and located entirely under a covered porch,
covered walkway or canopy supported by a
building.
b. Number of Signs: No more than 1 per
establishment facing a street frontage.
c. Dimensional Requirements
1. Under canopy signs shall not project
beyond the limitations of the covered porch
or canopy.
2. The vertical clearance from the sidewalk
to the lowest point of the under canopy
sign shall be 7 feet.
3. Under canopy signs shall be setback 5
feet from the curb line.
d. Standards
1. Under canopy signs shall be used only
at ground floor locations except for upper
floor businesses with covered entry porches
or balconies.
2. Under canopy signs shall not may be
externally illuminated.
3. Under canopy signs shall be securely fixed
to the underside of the canopy or porch.
ORD. 9217-19 Exhibit A | 15 of 18
Figure 57. Window Sign Example
Figure 58. Window Sign Example
Figure 59. Window Sign Example
7. Window Signs
a. Description: A sign that is affixed or attached
to the inside of a window facing the street.
b. Number of Signs: N/A
c. Dimensional Requirements
1. Window signs shall not exceed 10% of any
window or glass door opening.
2. The total area of window signs erected
along a street frontage shall not exceed 50
square feet.
d. Standards
1. Window signs shall be limited to windows
and doors on the ground floor.
2. Window signs should be applied directly
to the interior face of the glazing or hung
inside the window, thereby concealing all
mounting hardware and equipment
3. Window signs shall not obscure views
into a business.
4. Window signs should complement the
merchandise display without obscuring it.
5. Window signs should be scaled to the
pedestrian instead of vehicular traffic.
ORD. 9217-19 Exhibit A | 16 of 18
Figure 60. Skyline Sign Diagram
Figure 61. Skyline Sign Example
Figure 62. Skyline Sign Example
8. Skyline Signs
a. Description: A building sign that is attached
to the exterior wall of the upper band of a
building.
b. Number of Signs: No more than 1 sign per
façade along a street frontage.
c. Dimensional Requirements: The maximum
height of a skyline signs shall not exceed an
average of 4 feet.
d. Standards
1. Skyline signs may be oriented horizontally
or vertically.
2. Skyline signs shall not be externally
illuminated. Internally illuminated signs
are permitted provided the sign is in
compliance with Sections C-704.D and
C-705.B.
3. An allowable skyline sign may be located
on any side of the building.
4. The design of a skyline sign shall be
complementary and not compete with or
detract from any sculpted roof design.
ORD. 9217-19 Exhibit A | 17 of 18
Figure 63. Freestanding Sign Diagram
Figure 64. Freestanding Sign Example
Figure 65. Freestanding Sign Example
9. Freestanding Sign
a. Description: A sign supported by a structure
or supports that are permanently placed on or
anchored in the ground that are independent
of any building.
b. Number of Signs: No more than 1
freestanding sign per parcel.
c. Dimensional Requirements
1. Freestanding signs shall not exceed 6 feet
height.
2. Freestanding signs shall be located in a
landscaped area consisting of shrubs and/or
ground cover at least 3 feet in width around
the entire sign base.
3. Freestanding signs shall be setback 5 feet
from any property line.
d. Standards
1. Freestanding signs shall be designed with
a distinctive design that is complementary
to the building or with an architectural
element used on the building such as an
arch, capstone, pediment, distinctive roof
form/material, etc. defining materials,
textures and colors used on the building;
or a shape, form or motif that portrays the
business.
2. Freestanding signs shall be consistent
with or complementary to the overall
design, colors, materials and font style of
the building signage.
3. Freestanding signs may be externally
illuminated. Internally illuminated signs
may be permitted only if the letters and
graphics on the sign are illuminated.
4. The base and/or supports of freestanding
signs shall be of a width that creates
proportionality to the overall sign design.
5. No more than 25% of sign face area may
contain two lines of zip track for manual
changeable area. Such area and letters shall
be coordinated with the color of the sign.
ORD. 9217-19 Exhibit A | 18 of 18
Figure 66. Sidewalk Sign Example
Figure 67. Sidewalk Sign Example
Figure 68. Sidewalk Sign Example
10. Sidewalk Signs
a. Description: A freestanding sign which
placed upon the ground and that is portable
and readily moved from place to place.
b. Number of Signs: The allowable number of
signs is set forth in Table 3-1806.1.a.
c. Dimensional Requirements: Sidewalk
signs shall comply with the dimensional
requirements set forth in Table 3-1806.1.a.
d. Standards: Sidewalk signs shall comply
with the design standards set forth in Table
3-1806.1.a.
1
ORDINANCE NO. 9217-19
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 3, DIVISION 18. SIGNS, SECTION 3-1807,
REMOVING SIGN REGULATIONS SPECIFIC TO THE DOWNTOWN
ZONING DISTRICT AND INDICATING SUCH REGULATIONS ARE
PROVIDED FOR IN APPENDIX C, DOWNTOWN ZONING DISTRICT
AND DESIGN STANDARDS; AMENDING ARTICLE 4, DIVISION 10.
SIGN PERMIT, SECTION 4-1001 ADDING A REFERENCE TO
APPENDIX C, DIVISION 7 SIGN STANDARDS; AMENDING APPENDIX
C, DOWNTOWN ZONING DISTRICT AND DESIGN STANDARDS,
DIVISION 7. SIGN STANDARDS (RESERVED), ESTABLISHING NEW
SIGN STANDARDS SPECIFIC TO THE DOWNTOWN ZONING
DISTRICT INCLUDING THE MAXIMUM ALLOWABLE NUMBER OF
SIGNS AND SIGN AREA, AS WELL AS DESIGN CRITERIA; AMENDING
ARTICLE 8. DEFINITIONS AND RULES OF CONSTRUCTION, SECTION
8-102, DEFINITIONS RELATED TO SIGNAGE; CERTIFYING
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND
PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council adopted the updated and amended Clearwater
Downtown Redevelopment Plan as the Special Area Plan for Downtown Clearwater on
March 1, 2018 which reaffirmed the City’s vision for Downtown Clearwater as the urban
core and heart of the City which will be an attractive place to live, work, shop and play;
and
WHEREAS, to achieve this vision, the Clearwater Downtown Redevelopment
Plan policies called for new development standards to be adopted into the Community
Development Code to ensure Downtown redevelops as an economically vibrant, transit-
and pedestrian-supportive mixed-use environment with quality urban design, a high
quality public realm, and a dense and livable pattern of development; and
WHEREAS, on August 2, 2018, the City of Clearwater adopted Ordinance No.
9149-18 that established Appendix C, Downtown Zoning District and Design Standards,
and reserved Division 7 for Sign Standards; and
WHEREAS, the City of Clearwater finds and determines that limitations on signs
are related to the zoning districts for the parcels and properties on which they are
located; and
WHEREAS, the City of Clearwater has determined that sign regulations unique
to Downtown are warranted to create an inviting visual environment, lively streetscape
2
and vibrant Downtown consistent with the vision, goals and objectives of the Downtown
Clearwater Redevelopment Plan and Downtown Zoning District and Design Standards;
and now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1.That Article 3, Development Standards, Section 3-1807, Permitted
Signs Requiring Development Review, be amended to read as follows:
Section 3-1807 – Permitted signs requiring development review.
* * * * * * * * * *
.
B.Non-residential. All signs must be architecturally integrated into the design of the
building and/or site using similar and coordinated design and style features,
materials and colors. Attached signs shall be horizontally and vertically
proportionately located on each façade with no protrusions above roof lines, over
windows, trim, cornices, or other building features. Signs for new shopping
centers with three or more tenants, including all out parcels, office parks or any
master plan development shall be reviewed and approved through the
Comprehensive Sign Program set forth in Section 3-1808.
* * * * * * * * * *
2. Monument signs in the Tourist and Downtown Districts.The following shall
govern permanent monument signs in the Tourist District and Downtown District
as follows:
a. One monument sign not exceeding six feet in height per parcel for
development in the Tourist District with no more than two sign faces, unless
located on a corner or through lot. One monument sign with no more than
two sign faces per parcel for development in the Downtown District
provided the primary building on the parcel is setback at least 20 feet from
the front property line, unless located on a corner or through lot.
b. Corner lots or through lots have the option of erecting one monument sign
or two monument signs, one on each street frontage. The total maximum
area of the sign faces of the one sign or of the two signs shall not exceed
the total maximum allowable area allowed in Section 3-1807.B.2.c. below
plus an additional 15 square feet. Sign area shall be measured from the
road frontage which results in the greater square footage.
3
c. The area of a monument sign face shall not exceed three percent of the
building façade facing the street or one square foot of signage for every
three feet of linear lot frontage, whichever is less, but in no case less than
24 square feet and no more than 36 square feet.
d. The total area of all sign faces on all monument signs shall not exceed 72
square feet per parcel proposed for development.
e. Sign design shall be consistent with or complement the architecture of the
building through the use of colors, materials, textures, design features and
architectural styles as set forth below and as may be required by the
Clearwater Downtown Redevelopment Plan and Beach by Design.
i. The sign design shall include a distinctive design or architectural
element used on the building such as an arch, capstone, pediment,
distinctive roof form/material, column pilaster, cornice; or a shape, form
or motif that portrays the business. The design elements shall be used
on the top and/or side of the sign face/panels.
ii. Defining materials, textures and colors used on the building shall be
included on the sign.
iii. The sign base and/or supports shall be of a width that creates
proportionality to the overall sign design.
iv. The sign shall be consistent with or complementary to the overall
design, colors, font style of the attached sign on the property.
v. The sign may include no more than two lines of zip track for manual
changeable messages provided it does not exceed 25 percent of the
sign face area and the zip track and letter colors are coordinated with
the color of the sign.
vi. In the event the building lacks architectural details or distinguishing
design features or materials, the sign shall be designed to improve the
overall appearance of the site. To achieve this, the sign shall include a
distinctive design feature and use of colors and materials that present
a high quality finish.
f. All monument sign structures shall be installed in a landscaped area
consisting of shrubs and/or ground cover not less than three feet in width
around the entire base of the sign.
g. Properties located within the area governed by the Clearwater Downtown
Redevelopment Plan shall only be permitted to erect a monument sign if the
primary building is setback at least 20 feet or more from the front property
line. Areas for manual changeable copy cannot occupy more than 25
percent of the sign face area.
4
Section 2.That Article 3, Development Standards, Section 3-1807, Permitted
Signs Requiring Development Review, Section B. Non-residential, be amended to read
as follows and renumber the remaining subsections accordingly:
Section 3-1807.B – Non-residential.
* * * * * * * * *
3. Freestanding signs in the Downtown District. Freestanding signs in the
Downtown District shall be governed by Appendix C, Division 7. Sign
Standards.
3 4.Attached signs in non-residential districts.The following attached signs shall be
permitted in all non-residential districts, except that signage in the Downtown
District shall be governed by Appendix C, Division 7. Sign Standards:
a. One attached sign shall be permitted for each building structure. For any
building structure with multiple business tenants on the ground floor, one
attached sign may be permitted per business establishment with a principal
exterior entrance. The area of an attached sign face shall not exceed:
i. Twenty-four square feet in total sign face area; or
ii. Three percent of the primary façade area not to exceed 36 square feet
in total sign face area. Such signs are limited to one of the following
sign types: channel letters mounted directly to the building, flat cut out
letters, contour cabinet, illuminated capsule, sign applied to awning
provided awning is externally illuminated, letters on backer panels if
designed as an integral part of the sign and any other sign type of a
higher quality of design if approved by the community development
coordinator. Square/rectangular cabinet signs, back-lit awnings, and
signs on raceways are prohibited.
b. In addition to the attached sign allowed in Section 3-1807.B.3.a above,
corner lots or through lots may erect one attached sign on each building
wall (or façade) abutting a street frontage. Any such attached sign shall not
exceed the sigh face area specified in Section 3-1807.B.3.a above.
c. Where individual business establishments with exterior entrances are
located in a single building, multi-tenant buildings, or as part of a
business/office complex or shopping center, attached signs shall be
designed according to a common theme including similar style, color,
materials or other characteristics to provide a sense of uniformity. Changes
to individual tenant signage shall be reviewed for compliance with the
established or projected theme of the development site.
d. Projecting signs may be used as a type of attached sign in the Downtown
(D) and Tourist (T) Districts, unless otherwise permitted by the community
development coordinator. They shall be installed with a minimum eight-foot
clearance from the bottom of the sign to grade or the sidewalk. Projecting
5
signs shall comply with encroachment into setback and rights-of-way
Section 3-908. The community development director coordinator may
permit such signs for second story or businesses above the first story in the
Downtown and Tourist Districts if they meet all other criteria for attached
signage.
e. Business establishments with rear façades with rear public entrances
facing parking lots or rear public entrances facing Clearwater Harbor or
Mandalay Channel with boating access may erect one additional attached
sign not exceeding 16 square feet in area above or adjacent to the rear
entrance provided such sign is not a traditional cabinet sign or channel
letters erected on a raceway.
f. Gasoline pump island canopies may be permitted one attached sign on the
canopy fascia facing a public right-of-way provided such sign does not
exceed eight square feet in total sign face area.
* * * * * * * * * *
C. On-premise signs on school grounds. On any school grounds in any zoning
district, except in the Downtown District, the following signs are permitted.
* * * * * * * * * *
Section 4. Article 4, Development Review and Other Procedures, Division 10,
Sign Permit, Section 4-1001, City of Clearwater Community Development Code, is
hereby amended as follows:
Section 4-1001. Purpose
It is the purpose of this division to establish procedures for the review and approval of
signs, and signs as part of a Comprehensive Sign program, in accordance with the
standards of Article 3, Division 18 and Appendix C, Division 7.
Section 5. Article 8, Division, Section 8-102, City of Clearwater Community
Development Code, is hereby amended by adding the following in the appropriate as
follows:
* * * * * * * * * *
Sign, auxiliary freestanding means an additional freestanding sign allowed due to
exceptional property frontage characteristics.
Sign, awning means a sign affixed flat to the surface of the awning.
Sign band means an integral part of a storefront design that architecturally defines the
top of the ground floor, or the location on the building’s façade between the building
6
entrance and the bottom of the second floor windows, or for a one-story building, the
eave line.
* * * * * * * * * *
Sign, billboard means a non-point-of-sale sign that exceed 24 square feet and
advertises a business, organization, event, person, place or thing or other commercial
message.
Sign, building means a sign placed on a wall, awning, canopy, under a canopy, or
projecting from a building.
Sign, cabinet means a three-dimensional structure which includes a frame, borders and
sign face within a frame on which the sign letters and logos are placed or etched. The
sign may include internal lights.
Sign, canopy means a sign attached to, applied or affixed to the visible surface of an
attached canopy.
* * * * * * * * * *
Sign, portable means a sign that is not permanently fixed to the ground or a structure
utilizing standard construction procedures, and/or materials that will not deteriorate, or a
sign that is transported over or parked along or next to a public right-of-way.
Sign, projecting means a sign, other than a wall sign, that is attached to and projects
outward from the exterior building wall. Projecting signs include shingle signs and blade
signs.
* * * * * * * * * *
Sign, safety means a sign that serves a compelling governmental purpose by providing
a warning of a dangerous condition or situation that might not be readily apparent o that
poses a threat of serious injury (e.g. gas line, high voltage, condemned building, etc.)
Sign, shingle means a small building sign that projects outward, typically at a ninety
degree angle, and hangs from a bracket or support.
Sign, sky dancers or air dancer sign means an inflatable sign that is taller than five feet
an that exhibits movement when filled with air to attract attention.
7
Sign, skyline means a wall sign attached to the top portion of a high-rise building.
* * * * * * * * * *
Sign, transit shelter means a sign affixed to a transit shelter which is erected pursuant to
the requirements of Article 3 Division 22.
Sign, under canopy means a sign suspended from, and located entirely under a
covered porch, walkway, or canopy supported by the building.
* * * * * * * * * *
Section 6.That Appendix C, Division 7. Sign Standards [Reserved], shall be
amended as set forth in the attached Exhibit A.
Section 7.Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently
amended) are hereby adopted to read as set forth in this Ordinance.
Section 8.The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City’s Comprehensive Plan.
Section 9.Should any part or provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part declared to be invalid.
Section 10. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 11. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
AS AMENDED ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTION
____________________________
George N. Cretekos
Mayor
8
Approved as to form: Attest:
________________________________________________________
Michael Fuino Rosemarie Call
Assistant City Attorney City Clerk
MOTION TO AMEND ORDINANCE NO. 9217-19 ON FIRST READING
On page 3 of Exhibit A, Section C -705.A is amended to read as follows to add a
reference to the sign designs and style and sign types subsections:
Section C-705. ALLOWABLE SIGN AREA, NUMBER AND TYPES OF SIGNS
A) Sign Area and Number of Signs
The total maximum sign area and number of allowable signs shall be as determined in Table 5
below. For each cell in the table, there is a maximum allowed sign area that may be utilized
with any combination and any number of sign associated with that cell, unless otherwise noted.
The measurements for linear feet shall be at grade. Specific requirements for the allowable sign
types are set forth in Section C-705.0 and D.
On page 10 of Exhibit A, Section C-705.D.2.b is amended to read as follows to
revise the number of sign limitations to apply to establishments instead of to buildings:
2. Projecting Signs
b. Number of Signs: No more than 1 projecting sign per building establishment.
On page 12 of Exhibit A, Figure 49 is amended by removing the Givenchy awning
sign example photograph and replacing it with the following photograph:
1
On page 13 of Exhibit A, Section C-705.D.5.d is amended to read as follows to add
a reference specifying allowable illumination:
5. Shingle Signs
d. Standards
1. A shingle sign shall be located a minimum of 15 feet from a projecting sign or
another shingle sign.
2. Shingle signs shall be located below the finished floor level of the second story.
3. Shingle signs may be externally or internally illuminated in accordance with Sections
C -704.D and C-705.0
On page 14 of Exhibit A, Section C-705.D.6.d.2 is amended to read as follows to
allow external illumination of under canopy signs:
6. Under Canopy Sign
d. Standards
2
1. Under canopy signs shall be used only at ground floor locations except for upper
floor businesses with covered entry porches or balconies
2. Under canopy signs met may be externally illuminated.
3. Under canopy signs shall be securely fixed to the underside of the canopy or porch.
Pamela K. Akin
City Attorney
December 6, 2018
3
Proposed
New Downtown
Sign Standards
Planning and Development
Department
1
CLEARWATER
BRIGHT AM) BEAUTIFUL • BAY TO BEACH
Update of Clearwater
Downtown Redevelopment
Plan
New Downtown District
and Design Standards
New Downtown Sign
Regulations — Today's
Agenda Item
CITY OF CLEARWATER I 2
2
12/6/2018
1 w
3
Goal of New Sign Standards
Establish Regulatory Framework To
Create Vibrant Street Environment
Flexible
Allows Multiple Signs
Supports Signage that
Responds to Different Viewers
Requires Compliance with
Design Standards
CITY OF CLEARWATER I 4
4
12/6/2018
2
Proposed Ordinance
Deletes Downtown
Regulations In Article 3,
Division 18
Adds References To
Appendix C, Division 7
Adds Definitions of
Various Sign Types
Establishes New Sign
Standards in Appendix
C, Division 7
CITY OF CLEARWATER I 5
5
HIERARCHY
LETS THE READER KNOW
WHERE TO LOOK FIRST.
YOU READ THIS FIRST
and then this.
that is called hierarchy
CITY OF CLEARWATER I 6
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Hierarchy of Design
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CITY OF CLEARWATER I
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CITY OF CLEARWATER 8
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Current Sign Regulations
1 Attached Sign
Window Signage
Awning Graphic
Menu Sign
Rear Entry Signage on Parking
Lots
Monument Signs
Temporary Signs/Sidewalk Signs
Comprehensive Sign Program
CITY OF CLEARWATER
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Table 5. Allowable Signage
MAXIMUM NUMBER OF SIGNS (Per TOIAI ALI OWABI E SIGN AREA (Per IR
Building or Establishment with Exterior Building or Establishment with Exterior
Entrance or Parcel, whichever is Entrance or Parcel. whichever is
SIGN7YPE applicable) applicable)
Building Signs
Wall Signs
Awning Signs
Canopy Signs
Projecting Signs
Shingle Signs
No more than 3 per facade along a street
frontage.
1 square foot of sign area per 1 linear foot
of building facade facing a street frontage
or 24 square feet. whichever is greater. The
total square footage of any combination of
buildings signs shall not exceed 100 square
feet.
Under Canopy Signs 1 per facade along a street frontage 3 square feet
Rear Entry Building Sign
Window Signs
Skyline Signs
Freestanding Signs
Sidewalk Signs
1 per establishment with public rear
entrance facing parking lot or Clearwater
Harbor
NiA
1 per building facade along a street
frontage
1 sign per parcel fronting a street frontage
with a building setback of at least 20 feet
1 sign per retail/restaurant use
16 square feet
10% of each fint Floor window and glass
door opening'
1 square foot per 1 foot of building height
1 square foot per 1 liner foot of building
frontage or 24 square feet whichever is
greater, but no more than 64 square feet.
Consistent with Table 3-1806.1a Criteria and
Limitations for Sidewalk Signs
es rot include temporary signs pursuant to 3-1806.
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CITY OF CLEARWATER 1 11
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Additional Building Signs:
Under Canopy & Window
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EXISTING SIGN CODE EXAMPLE
Drawing Not to Seale
Linea Building Facade
60 Feet
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EXISTING SIGN CODE EXAMPLE
1(
Drawing Not to Scale
Linear Building Facade
60 Feet
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PROPOSED SIGN CODE EXAMPLE
Drawing Not to Scale
Linea Building Facade 1
60 Feet
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PROPOSED SIGN CODE EXAMPLE
CANOPY
Drawing Not to Scale
L
Linear Building Facade
60 Feet
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Skyline Signs &
Freestanding Signs
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otI_of New Sign Standards
Create Easy to Use Code
Allow Flexibility
Encourage Creativity
Provide Signs for Multi -
Modal Environment
Contribute to Positive Brand
for Downtown
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Motion to Amend on 1st Reading
Exhibit A - Page 3 - Section C -705.A -
Add at End of Paragraph: Specific
requirements for the allowable sign types
are set forth in Section C-705.0
Exhibit A - Page 10 - Section C-705.D.2.b
No more than 1 projecting sign per
building establishment
Exhibit A - Page 12 - Figure 49 - Replace
Photograph of Givenchy Awning with
Hard Bean Coffee Awning
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CITY OF CLEARWATER I 19 I
Motion to Amend on 1st Reading
Exhibit A — Page 13 — Add Section C-
705.D.5.d.3 — Shingle signs may be
externally or internally illuminated in
accordance with Sections C -704.D and
C -705.C.
Exhibit A — Page 14 — Section C-
705.D.6.d.2 — Under canopy signs shall
not may be externally illuminated.
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CITY OF CLEARWATER I 2:
Proposed
New Downtown
Sign Standards
Planning and Development
Department
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CLEARWATER
BRIGHT AM) BEAUTIFUL• BAY TD BEACH
12/6/2018
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5443
Agenda Date: 12/6/2018 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 8.5
SUBJECT/RECOMMENDATION:
Continue to January 17, 2019: Provide direction on the proposed Development Agreement
between Decade Properties, Inc. (the property owner) and the City of Clearwater, providing for
the allocation of 27 units from the Hotel Density Reserve under Beach by Design and confirm a
second public hearing in City Council Chambers before City Council on February 7, 2019 at
6:00 p.m., or as soon thereafter as may be heard. (HDA2018-10002; 850 Bayway Boulevard).
SUMMARY:
Development Proposal:
The current proposal is to demolish all structures on the 0.661-acre site and build a single
seven-floor hotel with 60 hotel rooms (91 units per acre). The 60 proposed units include 33
units otherwise permitted by the Resort Facilities High Future Land Use classification and an
additional 27 units from the Hotel Density Reserve through Beach by Design. The building will
be 80 feet (from Base Flood Elevation) to roof. The proposal includes a tropical modern
architecture, which is consistent with and complements the tropical vernacular envisioned in
Beach by Design.
The site will be accessed via two driveways with one two -way driveway located at the northeast
corner of the property and the second driveway (an ingress-only) located at the northwest
corner. The primary entrance and lobby of the building will be located along Bay Esplanade on
the second floor.
The ground floor and the first four floors of the building will contain all 80 required parking
spaces. Please note that the applicant has provided that floor one is the first floor over ground
level parking in other words the floors run as ground, 1, 2, 3, 4, 5, 6 and 7. The ground floor
includes 27 parking spaces. Floors one through three will include six hotel units as well as 14
parking spaces, each. The fourth floor will also include six units along with 11 parking spaces .
Floors five through seven will include 12 hotel units each. A lobby /registration area is located on
the ground floor at the northwest corner of the building. A small pool and patio area is provided
on the fifth floor on the south side of the building. No additional amenities are proposed.
The existing 26-slip dock is proposed to remain with 10 of the slips available only for hotel
guests. The remaining 16 slips will be available for lease by the general public. This will result
in two uses being established on the property; a hotel and a marina facility. A marina facility is
defined in the Community Development Code (Article 8) as a use of land involved in the
operation of a marina including structures and activities normally integral to the operation of a
marina, such as servicing, fueling, pumping -out, chartering, launching, and dry -storage of boats
and boating equipment. A marina is defined as any structure constructed on pilings over open
water or supported by flotation on the water which provides three or more boat slips for the
Page 1 City of Clearwater Printed on 12/6/2018
File Number: ID#18-5443
purpose of sale or lease. The Development Agreement includes specific language to limit the
specific activities which may take place on the site ensuring that the “marina facility”
component of the site will be compatible with the overnight accommodations component of the
site as well as adjacent and surrounding uses. Specifically, activities such as servicing,
fueling, pumping-out, commercial chartering and /or and dry-storage of boats and boating
equipment be strictly prohibited and that the marina slips shall be limited to sale and /or lease to
privately-owned boats rather than commercial vessels for hire.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
The subject property is 28,800 square feet in area and approximately 240 feet wide. The
proposed lot area and width may be approved as part of a Level One Flexible Standard
development (FLS) application, subject to meeting the applicable flexibility criteria of the
Community Development Code
Minimum Setbacks:
The conceptual site plan depicts setbacks to building of 15 feet along the front (south) along
Bayway Boulevard, side (east and west) setbacks of 10 feet and a rear (south) setback of five
feet (all to building). The proposed setbacks may be approved as part of a Level Two Flexible
Development (FLD) application, subject to meeting the applicable flexibility criteria of the
Community Development Code.
Maximum Height:
The proposal provides for a building 80 feet in height as measured from BFE where a height of
up to 100 feet is permitted for overnight accommodations. The proposed height is also
permitted by the CDC subject to meeting the applicable flexibility criteria of the CDC and as
approved as part of a Level II Flexible Development application and as otherwise limited by
Beach by Design.
The height of the proposed building is consistent with the guidelines of Beach by Design.
Minimum Off-Street Parking:
The 60-room overnight accommodation use with a 16-slip marina facility requires a minimum
of 80 off-street parking spaces with 1.2 spaces per unit (72 spaces) for the hotel component
and one space per two slips (eight spaces) for the 16-slip marina facility component. A parking
garage component located on the ground and first four levels of the building will provide a
minimum of 80 spaces where 80 spaces are required. This is consistent with the applicable
Sections of the CDC.
Landscaping:
While a formal landscape plan is not required to be submitted for review at this time, the
conceptual landscape areas depicted on the site plan show that adequate spaces for
foundation landscaping will be provided along the street frontage as required by Section A .6 of
the Old Florida District within Beach by Design. Since no perimeter landscape buffers are
otherwise required in the Tourist (T) District, the proposed landscape areas meet or exceed
what is required. It is noted, however, that flexibility may be requested /necessary as part of a
Comprehensive Landscape Program which would be reviewed at time of formal site plan
approval.
Consistency with Beach by Design:
Clearwater Pass District
No specific development parameters are provided within the Clearwater Pass district section of
Beach by Design.
Page 2 City of Clearwater Printed on 12/6/2018
File Number: ID#18-5443
Design Guidelines:
A review of the provided architectural elevations and massing study was conducted and the
proposed building does appear to be generally consistent with the applicable Design Guidelines
established in Beach by Design. It is noted, however, that a more formal review of these
Guidelines will need to be conducted as part of the final site plan approval process.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established within Beach by
Design concerning the allocation of hotel rooms from the Reserve. The project appears to be
generally consistent with those criteria, including that the development comply with the
Metropolitan Planning Organization ’s (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic Impact Study
concludes that traffic operations at nearby intersections and on adjacent roadways would
continue at acceptable levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements, is consistent
with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach
by Design. The proposed Development Agreement will be in effect for a period not to exceed
ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under
Beach by Design and includes the following main provisions:
§Provides for the allocation of 27 units from the Hotel Density Reserve;
§Requires the developer to obtain building permits and certificates of occupancy in
accordance with Community Development Code (CDC) Section 4-407;
§Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
§Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a
residential use and requires the recording of a covenant restricting use of such hotel units
to overnight accommodation usage;
§Provides evidence that the development complies with the Metropolitan Planning
Organization’s (MPO) countywide approach to the application of concurrency management
for transportation facilities, and includes a transportation analysis conducted for the
development;
§Provides that all units in a hotel receiving units from the Reserve shall be made available to
the public as overnight transient hotel guests at all times through the required hotel
reservation system;
§That no hotel room in a hotel allocated units from the Reserve will have a full kitchen;
§That a reservation system shall be required as an integral part of the hotel use and there
shall be a lobby /front desk area that must be operated as a typical lobby /front desk area for
a hotel would be operated; and
§Requires a legally enforceable mandatory evacuation /closure covenant that the hotel will be
closed as soon as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual
consent of the parties, provided the notice and public hearing requirements of Section 4-206
are followed. Revisions to conceptual site plans and /or architectural elevations attached as
exhibits to this Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community Development
Page 3 City of Clearwater Printed on 12/6/2018
File Number: ID#18-5443
Coordinator. Other revisions not specified as minor shall require an amendment to this
Development Agreement.
Page 4 City of Clearwater Printed on 12/6/2018
HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
("Agreement") is dated the _______ day of _______________, 201_, and entered into
between DECADE PROPERTIES, INC. (“Developer"), its successors and assigns, and
the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of
Florida acting through its City Council, the governing body thereof ("City").
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a
special area plan for the revitalization of Clearwater Beach adopted under the provisions
of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled
Beach by Design; and
WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local
Government Development Agreement Act ("Act"), authorize the City to enter into
binding development agreements with persons having a legal or equitable interest in real
property located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4 -
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed the development of hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community, and further provided for a limited pool of additional hotel units
("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns 0.66 acres of real property ("Property") in the
corporate limits of the City, more particularly described on Exhibit "A" attached hereto
and incorporated herein; and
WHEREAS, the Developer desires to develop the Property to provide 60
overnight accommodation units, pool, lobby and parking, generally conforming to the
architectural elevation dimensions shown in composite Exhibit "B” (collectively, the
improvements are the “Project”); and
WHEREAS, the Property has not previously acquired density from the Destination
Resort Density Pool; and
WHEREAS, upon completion the planned hotel will contain 60 overnight
accommodation units, which includes 27 units from the available Hotel Density Reserve
(“Reserve Units”); and
WHEREAS, the City has conducted such public hearings as are required by and in
accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and
any other applicable law; and
WHEREAS, the City has determined that, as of the date of this Agreement, the
proposed project is consistent with the City's Comprehensive Plan and Land Development
Regulations; and
WHEREAS, at a duly noticed and convened public meeting on
______________________, 201__, the City Council approved this Agreement and
authorized and directed its execution by the appropriate officials of the City; and
WHEREAS, approval of this Agreement is in the interests of the City in
furtherance of the City's goals of enhancing the viability of the resort community and in
furtherance of the objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized
certain individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and in
accordance with the Act and Code, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of
this Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as of
the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. The Property described in
Exhibit "A" is subject to this Agreement ("Property").
3.1 The Property currently has a land use designation of Resort Facilities High
(RFH) and is zoned Tourist (T).
3.2. The Property is owned in fee simple or under contract to be owned in fee
simple by the Developer.
3.3 The Property is generally located at 850 Bayway Blvd. as further described
in Exhibit “A”.
SECTION 4. Scope of Project.
4.1 The Project shall consist of 60 overnight accommodation units including
27 overnight accommodation units from the Hotel Density Reserve and have a density no
greater than 150 units per acre.
4.2 The Project shall include a minimum of 80 parking spaces, as defined in
the Code.
4.3 The design of the Project, as represented in Exhibit “B”, is consistent with
Beach by Design.
4.4 The height of the Project shall be up to 80 feet measured from Base Flood
Elevation, as defined in the Code. The maximum building heights of the various
character districts cannot be increased to accommodate hotel rooms allocated from the
Hotel Density Reserve.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properly
recorded in the public records of Pinellas County, Florida and thirty (30) days have
elapsed after transmitting to the Florida Department of Economic Opportunity, pursuant
to Florida Statutes section 163.3239 and Code section 4-606.G.2.
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City shall
submit to the Department of Economic Opportunity a copy of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect for ten (10) years unless earlier
terminated as set forth herein.
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer:
6.1.1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Developer, its successors in interests or
assigns.
6.1.2 At the time of development of the Property, the Developer will
submit such applications and documentation as are required by law and shall comply with
the Code applicable at the time of building permit review.
6.1.3 The following restrictions shall apply to development of the
Property:
6.1.3.1 To retain the grant of Reserve Units provided for herein,
the Property and improvements located thereon shall be developed in
substantial conformance with the Conceptual Site Plan attached as Exhibit
"B". Any modifications determined by the Planning and Development
Director as either inconsistent with attached Exhibit “B” or constituting a
substantial deviation from attached Exhibit “B” shall require an
amendment to this Agreement in accordance with the procedures of the Act
and the Code, as necessary and applicable. Any and all such approved and
adopted amendments shall be recorded in the public records of Pinellas
County, Florida.
6.1.3.2 The Developer shall obtain appropriate site plan approval
pursuant to a Level One or Level Two development application within one
(1) year from the effective date of this Agreement in accordance with the
provisions of the Code, and shall then obtain appropriate permits and
certificates of occupancy in accordance with the provisions of the Code.
Nothing herein shall restrict Developer from seeking an extension of site
plan approval or other development orders pursuant to the Code or state
law. In the event that work is not commenced pursuant to issued permits,
or certificates of occupancy are not timely issued, the City may deny future
development approvals and/or certificates of occupancy for the Project,
and may terminate this Agreement in accordance with Section 10.
6.1.3.3 The Developer shall execute, prior to commencement of
construction, a mandatory evacuation/closure covenant, substantially in the
form of Exhibit "C", stating that the accommodation use will close as soon
as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit
for the Project, the Developer hereby agrees to execute the covenant of unified use and
development for the Project Site providing that the Project Site shall be developed and
used as a single project, the form of which covenant is attached as Exhibit "D"; provided
however, that nothing shall preclude the Developer from selling all or a portion of the
Developer's Property in the event that Developer determines not to construct the Project.
It is understood and agreed that, in the event that the Developer enters into the anticipated
covenant of unified use and development, and the Developer elects not to construct the
Project and notifies the City of its election in writing, and, alternatively, as of the date of
expiration, termination or revocation no rights of Developer remain or will be exercised to
incorporate the Hotel Density Reserve Units into the Project, the City shall execute and
deliver to the Developer a termination of such covenant of unified use and development
suitable for recording in the Public Records of Pinellas County, Florida.
6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer
not timely constructed in conjunction with the Project shall be returned to the Hotel
Density Reserve and be unavailable to Developer for use on the Project.
6.1.6 Transient Use. A reservation system shall be required as an integral part of the
hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front
desk area for a hotel would be operated. Access to overnight accommodation units must be
provided through a lobby and internal corridor. All units in the hotel shall be made available to
the public as overnight transient hotel guests at all times through the required hotel reservation
system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31)
consecutive days, whichever is less. Units in the hotel shall not be used as a primary or
permanent residence.
6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is
used in the definition of “dwelling unit” in the Code.
6.1.8 Inspection of Records. Developer shall make available for inspection to
authorized representatives of the City its books and records pertaining to each Hotel Density
Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by
general law.
6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the
Design Guidelines as set forth in Section VII. of Beach by Design.
6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor
amplified music at the Project after 11:00 p.m. on Sunday through Thursday, or after 12:00
midnight on Friday and Saturday.
6.1.11 Limitation on Marina Facility.
6.1.11.1 The Developer agrees that activities such as servicing,
fueling, pumping-out, commercial chartering and/or and dry-
storage of boats and boating equipment is strictly prohibited.
6.1.11.2 The Developer agrees that the number of conveyable
marina slips shall be limited to no more than 16. The City
acknowledges that there are 10 additional marina slips for the sole
use of the hotel. The Developer may increase the number of
conveyable marina slips only if the Developer increases the
number or parking spaces to meet compliance with the Community
Development Code.
6.1.11.3 The Developer agrees that any conveyable marina slips
shall be limited to sale and/or lease to privately-owned boats rather
than commercial vessels for hire.
6.1.11.4 The Developer agrees that a deed restriction outlining
Sections 6.1.11.1 through 6.1.11.3 shall be submitted to Staff prior
to the issuance of any permits.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan and
the Concept Plan and that meet the requirements of the Code.
6.2.2 The final effectiveness of the applications referenced in Section
6.2.1 is subject to:
6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as
they may govern such amendments; and
6.2.2.2 The expiration of any appeal periods or, if an appeal is filed,
at the conclusion of such appeal.
6.2.3 The project shall receive 27 units from the Hotel Density Reserve
as defined by Beach by Design. In no way shall this be construed to permit the
development density of the Property to exceed 150 units per acre.
SECTION 7. Public Facilities to Service Development. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval. The requirements for concurrency as set
forth in Article 4, Division 9, of the Code, have been satisfied.
7.1 Potable water is available from the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer at
the Developer's sole expense.
7.5 The Project shall comply with the Metropolitan Planning Organization’s
[MPO] or its successor’s countywide approach to the application of concurrency
management for transportation facilities, and the transportation analysis conducted for the
Project shall include the following:
Recognition of standard data sources as established by the MPO;
Identification of level of service (LOS) standards for state and county roads as
established by the MPO;
Utilization of proportional fair-share requirements consistent with Florida
Statutes and the MPO model ordinance;
Utilization of the MPO Traffic Impact Study Methodology; and
Recognition of the MPO designation of “Constrained Facilities” as set forth in
the most current MPO Annual Level of Service Report.
7.6 All improvements associated with the public facilities identified in
Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of
occupancy.
7.7 Developer agrees to provide a cashier’s check, a payment and performance
bond, or letter of credit in the amount of 115% of the estimated costs of the public
facilities and services, to be deposited with the City to secure construction of any new
public facilities and services required to be constructed by this Agreement. Such
construction shall be completed prior to issuance of a Certificate of Occupancy for the
Project.
SECTION 8. Required Local Government Approvals. The required local
government development approvals for development of the Property include, without
limitation, the following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s);
8.4 Certificate(s) of occupancy; and
SECTION 9. Finding of Consistency. The City finds that development of the
Property is consistent with the terms this Agreement is consistent with the City
Comprehensive Plan and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this
Agreement are not followed in a timely manner, as reasonably determined by the City
Manager, after notice to the Developer and an opportunity to be heard, existing permits
shall be administratively suspended and issuance of new permits suspended until the
Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as
a basis for termination of this Agreement by the City, at the discretion of the City and
after notice to the Developer and an opportunity for the Developer to be heard.
SECTION 11. Other Terms and Conditions. Except in the case of termination,
until ten (10) years after the date of this Agreement, the City may apply laws and policies
adopted subsequently to the Effective Date of this Agreement if the City has held a public
hearing and determined:
(a) They are not in conflict with the laws and policies governing the
Agreement and do not prevent development of the land uses,
intensities, or densities in the Agreement;
(b) They are essential to the public health, safety, or welfare, and expressly
state that they shall apply to a development that is subject to a
development agreement;
(c) They are specifically anticipated and provided for in this Agreement;
(d) The City demonstrates that substantial changes have occurred in
pertinent conditions existing at the time of approval of this Agreement;
or
(e) This Agreement is based on substantially inaccurate information
provided by the Developer
SECTION 12. Compliance with Law. The failure of this Agreement to address
any particular permit, condition, term or restriction shall not relieve the Developer from
the necessity of complying with the law governing such permitting requirements,
conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be
given under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail, return
receipt requested, addressed as follows (copies as provided below shall be required for
proper notice to be given):
If to the Developer: Decade Properties, Inc.
13555 Bishops Court, Suite 345
Brookfield, Wisconsin 53005
With Copy to: Brian J. Aungst, Jr., Esq.
625 Court Street, Suite 200
Clearwater, Florida 33756
If to City: City of Clearwater
Attn: City Manager
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the third (3rd) day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices), by notice in accordance with this Section.
SECTION 14. Assignments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the prior written notice to the
City, provided that such party (hereinafter referred to as the "assignee"), to the
extent of the sale, conveyance, assignment or other disposition by the Developer to
the assignee, shall be bound by the terms of this Agreement the same as the
Developer for such part of the Project as is subject to such sale, conveyance,
assignment or other disposition.
14.1.2 If the assignee of the Developer's right, title, interest and obligations
in and to the Project, or any part thereof assumes all of the Developer's obligations
hereunder for the Project, or that part subject to such sale, conveyance, assignment
or other disposition, then the Developer shall be released from all such obligations
hereunder which have been so assumed by the assignee, and the City agrees to
execute an instrument evidencing such release, which shall be in recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest or through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an assignment
or transfer subject to any restriction on or approvals of assignments or transfers
imposed by this Agreement, provided, however, that notice of such assignment
shall be given by the Developer to the City not less than thirty (30) days prior to
such assignment being effective and the assignee shall be bound by the terms of
this Agreement to the same extent as would the Developer in the absence of such
assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of
the Developer's rights and obligations with respect to any one Parcel shall in any
way be obligated or responsible for any of the Developer's obligations with respect
to any other Parcel by virtue of this Agreement unless and until such assignee,
purchaser, sublessee or acquire has expressly assumed the Developer's such other
obligations.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such noncompliance,
in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and
deal with each other in good faith and assist each other in the performance of the
provisions of this Agreement and in achieving the completion of development of the
Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of Agreement. Upon the completion of performance
of this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded in
the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope
or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement or
the application thereof to any person or circumstance is declared invalid or unenforceable,
the remainder of this Agreement, including any valid portion of the invalid term or
provision and the application of such invalid term or provision to circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and
shall with the remainder of this Agreement continue unmodified and in full force and
effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the
extent that the purpose of this Agreement or the benefits sought to be received hereunder
are frustrated, such party shall have the right to terminate this Agreement upon fifteen
(15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes
of the City which are of general application not governing the development of land shall
be applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida.
SECTION 24. Counterparts. This Agreement may be executed in counterparts,
all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended by mutual
written consent of the City and the Developer so long as the amendment meets the
requirements of the Act, applicable City ordinances, and Florida law.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
In the Presence of: ___________________________________
______________________________ __________________________________
Print Name_____________________ Print Name
______________________________
Print Name_____________________
As to Developer
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
Michael Fuino,
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of
_______________, 201__, by GEORGE N. CRETEKOS, as Mayor of the City of
Clearwater, Florida, who is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 201__, by WILLIAM B. HORNE, II, as City Manager of the
City of Clearwater, Florida, who is [ ] personally known to me or who has [ ]
produced _____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires
EXHIBIT “A”
LEGAL DESCRIPTION:
LOT 12, BLOCK D, OF BAYSIDE SUBDIVISION NO. 6, UNIT "A'', ACCORDING TO THE
MAP OR PLAT THEREOD A S RECORDED IN PLAT BOOK 51, PAGES 48 AND 49,
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA
LOTS 13, 14, AND 15, BLOCK D, OF BAYSIDE SUBDIVISION NO. 6, UNIT "C",
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 55,
PAGES 19 AND 20, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
FLOOD STATEMENT:
THIS PROPERTY LIES IN FLOOD ZONE "AE", BASE FLOOD 11, ACCORDING
F.E.M.A. FLOOD INSURANCE RATE MAP # 12103C0104G, DATED
SEPTEMBER 3, 2003.
EXHIBIT “B”
Conceptual Site Plan
EXHIBIT “C”
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is
made as of the _____ day of _________________, 201__, by DECADE PROPERTIES, INC.
("Developer").
Developer is the owner of fee simple title to the real property described in Schedule 1
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of
Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater
Beach as a Community Redevelopment District pursuant to the Pinellas County Planning
Council Rules in order to implement the provisions of Beach by Design, a plan for the
revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the
development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel
Density Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall
be closed and all Guests evacuated from such hotels as soon as practicable after the National
Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such
evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a
hurricane evacuation would be expected in advance of the approach of hurricane force winds.
The City has granted, by City Council Resolution __________, passed and approved on
____________, 201__, Developer's application for Hotel Density Reserve Units pursuant to the
Designation, subject to Developer's compliance with the requirements of the Designation.
Developer desires for itself, and its successors and assigns, as owner, to establish certain rights,
duties, obligations and responsibilities with respect to the use and operation of the Real Property
in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units
to the City and the Designation, which rights, duties, obligations and responsibilities shall be
binding on any and all successors and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to
be observed and performed, and in further consideration of the allocation of Hotel Density
Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the
benefit of Developer and its successors and assigns and shall be enforceable by them and also for
the benefit of the residents of the City and shall be enforceable on behalf of said residents by the
City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Real Property in accordance with the
provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 27 units, which is the number of hotel units allocated to Developer from the
Hotel Density Reserve, shall be used solely for transient occupancy of one month
or thirty (30) consecutive days or less, must be licensed as a public lodging
establishment and classified as a hotel, and must be operated by a single licensed
operator of the hotel. All other units shall be licensed as a public lodging
establishment. No unit shall be used as a primary or permanent residence.
Access to overnight accommodation units must be provided through a lobby and
internal corridor. A reservation system shall be required as an integral part of the
hotel use and there shall be a lobby/front desk area that must be operated as a
typical lobby/front desk area for a hotel would be operated. All hotel units shall
be required to be submitted to a rental program requiring all hotel units to be
available for members of the public as overnight hotel guests on a transient basis
at all times. No unit shall have a complete kitchen facility as that term is used in
the definition of “dwelling unit” in the Code. Developer shall make available for
inspection to authorized representatives of the City its books and records
pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm
compliance with these regulations as allowed by general law. The Developer
agrees to comply with the Design Guidelines as set forth in Section VII. of Beach
by Design.
2.1.2 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel”, and "operator" shall have the meaning given to such
terms in Florida Statutes Chapter 509, Part I.
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real
Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the
National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel
guests, visitors and employees other than emergency and security personnel required to protect
the hotel, shall be evacuated from the Hotel as soon as practicable following the issuance of said
hurricane watch. In the event that the National Hurricane Center shall modify the terminology
employed to warn of the approach of hurricane force winds, the closure and evacuation
provisions of this Declaration shall be governed by the level of warning employed by the
National Hurricane Center which precedes the issuance of a forecast of probable landfall in order
to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of
a forecast of probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of all
building permits required to build the project ("Project") and Developer's commencement of
construction of the Project, as evidence by a Notice of Commencement for the Project. This
Declaration shall expire and terminate automatically if and when the allocation of Reserve Units
to the Developer expires or is terminated.
4 Governing Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the Real
Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City determines
that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City
obtains relief, whether by agreement of the parties or through order of a court of competent
jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the
application of this Declaration to any person or circumstance will be or is declared to any extent
to be invalid or unenforceable, the remainder of this Declaration, or the application of such
provision or portion thereof to any person or circumstance, shall not be affected thereby, and
each and every other provision of this Declaration shall be valid and enforceable to the fullest
extent permitted by law.
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this
_____ day of ______________, 201__.
In the Presence of:
______________________________ By:__________________________________
Print Name_____________________
___________________________________
______________________________ Print Name
Print Name_____________________
As to Developer
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II,
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
Michael Fuino,
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of
_______________, 201__, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
Florida, who is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 201__, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced
_____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
EXHIBIT “D”
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
__________________________________________
__________________________________________
_________________________________________
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this _____ day of
_____________, 201__, by DECADE PROPERTIES, INC. (“Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule
"A" attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Hotel Density Reserve Development Agreement dated ___________, 201__ (the
"Agreement"), pursuant to which the City has agreed that Developer may develop and construct
upon the Real Property a hotel project as described in the Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified
use, as more particularly described in this Covenant.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Developer does hereby agree that, effective as of the date on which Developer receives all
permits required to construct the Project and Developer commences construction thereof, as
evidenced by a Notice of Commencement for the Project, the Real Property shall be developed
and operated as a limited-service hotel project, as described in the Agreement. The restrictions
set forth in the preceding sentence shall expire automatically when and if Developer's allocation
of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this
Agreement shall require Developer to develop the Project or restrict Developer's ability to sell,
assign, transfer or otherwise convey its right in and to the Real Property or any portion or
portions thereof to unrelated third-parties. Developer agrees that the City shall have the right to
enforce the terms and conditions of this Agreement.
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel
operator.
IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this
_____ day of ______________, 201__.
In the Presence of: _____________________________________
___________________
______________________________ By:__________________________________
Print Name_____________________ _________________________________
Print Name
______________________________
Print Name_____________________
As to Developer
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II,
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
Michael Fuino,
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of
______________, 201__, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
Florida, who is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 201__, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced
_____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
Resolution No. 18-18
RESOLUTION NO. 18-18
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND DECADE
PROPERTIES, INC.; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with Decade Properties, Inc.; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Development Agreement between the City of Clearwater and
Decade Properties, Inc., a copy of which is attached as Exhibit “A,” is hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk is directed to submit a recorded copy of the
Development Agreement to the state land planning agency no later than fourteen (14)
days after the Development Agreement is recorded.
PASSED AND ADOPTED this _______ day of _____________, 2019.
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
_______________________________________________________
Michael P. Fuino Rosemarie Call
Assistant City Attorney City Clerk
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Site Plan
Approval
Needed by
Final Project
Expiration Case Number Notes
101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009-03013 / DVA2009-00001 Permit Status is completed.
619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008-12033 / DVA2008-00002 Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011;
Permit Status is completed.
655 S. Gulfview Boulevard (Hampton Inn / Quality Inn)90 181 1.44 125.96 71 N/A 4/16/2014 Constructed 2/6/2017 DVA2013-03001 / HDA2014-02001 /
FLD2013-03011 / FLD2014-03007
BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015;
Permit Status is completed.
316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00003 / FLD2009-08027 BCP2015-01211 issued 11-13-2015; Permit Status is completed.
300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00002 / FLD2009-08026 BCP2015-01211 issued 11/13/2015; Permit Status is completed.
521 South Gulfview Boulevard (Entrada)30 344 3.908 88.02 314 N/A 6/19/2014 Constructed 5/24/2015 HDA2014-04002 / FLD2013-11038 /
FLD2014-06019
site plan as related to HDA214-04002 approved as part of FLD2013-11038.
New site plan approval request to accommodated approved units as part of
the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015;
Permit Status is completed.
650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 Constructed 6/23/2017 DVA2013-02001 / FLS2013-02006
Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced
construction on the development within four (4) years from the effective date of
this Agreement (approx 7/19/17). BCP2015-10210 - issued 12/10/2015 and is
Completed; BCP2016-01459 - issued 03-29-2016 and is Completed.
Total Rooms Allocated from Reserve 463
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Site Plan
Approval
Needed by
Final Project
Expiration Case Number Notes
443 East Shore Drive (Courtyard by Marriott)71 139 1.26 110.32 68 6/19/2012 7/19/2012 5/26/2019 5/26/2019 FLD2012-03008 / DVA2012-03001
FLD2012-03008 approved; time extension granted 10-10-2018: site plan
expiration is 09-19-2020; BCP2014-08618 issued 08/13/2015; Permit Status is
Active. Two TDR applications filed on 10-03-2018 (TDR2018-10002 and
10001) which will transfer five hotel units to the site. The total propsoed room
count has been updated to include these units. An amendment to the original
Development Agreement (listed to the left and given the case file number of
HDA2012-03001A) was also submitted as was as an amendment to the
approved FLD application (noted to the left and given the case file number of
FLD2012-03008A).
325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 1/4/2021 1/4/2021 HDA2013-08004 / FLD2014-12034 FLD2014-12034 approved; time extension granted 10-10-2018: site plan
expiration is 10-28-2022; BCP not submitted as of 11-08-2018
353 Coronado Drive (Parcel B) (345 Coronado)96 144 0.962 149.69 48 N/A 6/19/2014 6/14/2020 6/14/2020 HDA2013-08005 / FLD2015-02005 FLD2015-02005 approved; time extension granted 10-10-2018: site plan
expiration is 02-12-2021 BCP not submitted as of 11-08-2018
405 Coronado Drive (Parcel C)100 166 1.32 125.76 66 N/A 9/18/2014 12/12/2021 12/12/2021 HDA2013-08006 / FLD2015-05016 FLD2015-05016 approved; time extension granted 11-15-2017; site plan
expiration is 12-12-2021; BCP not submitted as of 11-08-2018
401 (421) South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004
401 (421) South Gulfview Boulevard (Alanik) 1st
Amendment 8/20/2015 8/16/2021 8/16/2021 HDA2015-06001/FLD2015-09036
40 Devon Drive (Sea Captain)66 98 0.659 148.70 32 N/A 10/15/2014 2/8/2021 2/8/2021 HDA2014-07004 / FLD2015-02006 FLD2015-02006 approved; time extension granted 07-31-2017; site plan
expiration is 02-08-2021; BCP not submitted as of 11-08-2018
630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 60 N/A 11/20/2014 11/28/2018 11/28/2018 HDA2014-08007 / FLD2015-02004 FLD2015-02004 approved; time extension granted 11-27-2018; site plan
expiration is 11-28-2018; BCP not submitted as of 11-08-2018
691 S. Gulfview Boulevard (the Views)92 202 1.35 149.97 67 N/A 10/16/2013 10/22/2021 10/22/2021 HDA2013-08001 / FLD2013-08028 FLD2013-08028 approved; time extension granted 02-09-2018; site plan
expiration is 10-22-2021; BCP not submitted as of 11-08-2018
715 South Gulfview Boulevard 93 208 2.313 89.93 115 N/A 2/20/2014 2/20/2022 2/20/2022 HDA2013-12008 / FLD2014-11031 FLD2014-11031 approved; time extension granted 12-29-2017; site plan
expiration is 02-22-2022; BCP not submitted as of 11-08-2018
355 South Gulfview Boulevard 59 88 0.59 149.15 29 N/A 7/20/2017 TBD TBD HDA2017-04001 / FLD2017-07012 /
APP2017-00001
awaiting signed Agreement in order to fill in the dates for "site plan approval
needed by" and "final project expiration"; approval has been appealed to
Circuit Court
657 Bay Esplanade 10 27 0.35 77.14 17 8/14/2018 9/11/2018 9/11/2019 9/11/2019 HDA2018-04001 / FLD2018-05012
The original HDA (HDA2016-09001) expired and the 10 units were retunred to
the Reserve. The same applicant has resubmitted their application at this
address and is therefore listed twice in this sheet, once in this line item and
once under units returned to the reserve, below.
Total Rooms Allocated from Reserve 887
FLD2015-09036 approved; time extension granted 12-29-2017; site plan
expiration is 08-16-2021; BCP not submitted as of 11-08-2018
* The applicant changed the site plan amending the Dev. Agrmt. resulting in a
new site plan approval reqm't and Dev. Agrmt expiration dates.
HOTEL DENSITY RESERVE PROJECTS - APPROVED
HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED
N/A98117.001.953227100
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Site Plan
Approval
Needed by
Final Project
Expiration Case Number Notes
850 Bayway 27 60 0.661 90.77 33 N/A TBD TBD TBD HDA2018-10002 in review; complete; first CC 12-06-2017; second CC scheduled 01-17-2019
Total Rooms Pending Allocation 27
Total Rooms in Reserve 1,385
Total Rooms Allocated from Reserve 1,350
Total Rooms Pending Allocation 27
Total Remaining For Allocation 8
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Site Plan
Approval
Needed by
Final Project
Expiration Case Number Notes
706 Bayway 15 32 0.349 91.69 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025
FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15-
2016 / BCP2015-12534 - submitted 12/29/2015; both permits in void status.
Current permit BCP2017-04049 references FLD2016-12039 which is for
Resort Attached Dwellings. HDA Termination pending - scheduled for Council
July 20 and August 3, 2017; removed from top two tables; does not count
towards rooms allocated.
625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007 Agreement terminated; removed from top two tables; does not count towards
rooms allocated.
657 Bay Esplanade 10 27 0.35 77.14 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 FLD/FLS application not submitted as of 03-23-2018; does not count towards
rooms allocated.
10 Bay Esplanade 35 TBD 1.16 TBD 58 N/A TBD TBD TBD HDA2017-12002
withdrawn by applicant via email - 10-01-2018 (technically these units were
never allocated but are listed here since a case number was created)
Total Rooms Returned 129
HOTEL DENSITY RESERVE UNITS RETURNED TO THE RESERVE
HOTEL DENSITY RESERVE PROJECTS - PENDING
From: Watkins, Sherry <Sherry.Watkins@myClearwater.com>
Sent: Monday, December 03, 2018 2:18 PM
To: Call, Rosemarie <Rosemarie.Call@myClearwater.com>
Cc: Sprague, Nicole <Nicole.Sprague@myClearwater.com>; Parry, Mark
<Mark.Parry@MyClearwater.com>
Subject: FW: 850 Bayway; HDA2018-10002; Parcel No. 17-29-15-05058-004-0130
Rosemaire, Please find email below that was received.
Letter of objection: HDA2018-10002 - Decade Properties Inc., 850 Bayway Blvd.
Good afternoon, Please find email below for case HDA2018-10002 - Decade Properties Inc., 850 Bayway Blvd
going to the January going to City council on January 17 & February 07, 2019.
For City Council.
Thank you,
Sherry L. Watkins, Administrative Analyst
City of Clearwater, Planning and Development Department
100 S Myrtle Avenue, Suite 210
Clearwater Florida 33756
727-562-4582
From: Parry, Mark <Mark.Parry@MyClearwater.com>
Sent: Tuesday, November 27, 2018 10:58 AM
To: Watkins, Sherry <Sherry.Watkins@myClearwater.com>
Subject: 850 Bayway; HDA2018-10002; Parcel No. 17-29-15-05058-004-0130
Sherry,
I have a letter of objection to the proposal for the record.
Mark
From: John <john.bechakas@verizon.net>
Sent: Tuesday, November 27, 2018 10:05 AM
To: Parry, Mark
Subject: Parcel No. 17-29-15-05058-004-0130
HDA2018-10002 Assigned Planner: Mark Parry
We are contacting the Planning and Development
Department to formally lodge our strongest objection to
this project. We believe further commercial development
in Clearwater Point 3 will result in uncalled for additional
congestive traffic and be a detriment to our quiet
community atmosphere.
Hopefully other residents feel as strongly.
Sincerely,
John and Toula Bechakas
868 Bayway Blvd Apt 310
Clearwater Beach, FL 33767
From: Watkins, Sherry <Sherry.Watkins@myClearwater.com>
Sent: Monday, December 03, 2018 2:20 PM
To: Call, Rosemarie <Rosemarie.Call@myClearwater.com>
Cc: Sprague, Nicole <Nicole.Sprague@myClearwater.com>; Parry, Mark
<Mark.Parry@MyClearwater.com>
Subject: FW: Proposed Hotel 850 Bayway
Good afternoon Rosemarie,
Information for City Council members.
Letter of objection: HDA2018-10002 - Decade Properties Inc., 850 Bayway Blvd.
Good afternoon, Please find email below for case HDA2018-10002 - Decade Properties Inc., 850 Bayway Blvd
going to the January going to City council on January 17 & February 07, 2019.
Thank you,
Sherry L. Watkins, Administrative Analyst
City of Clearwater, Planning and Development Department
100 S Myrtle Avenue, Suite 210
Clearwater Florida 33756
727-562-4582
From: Parry, Mark <Mark.Parry@MyClearwater.com>
Sent: Monday, December 03, 2018 12:23 PM
To: Watkins, Sherry <Sherry.Watkins@myClearwater.com>
Subject: Fw: Proposed Hotel 850 Bayway
Sherry,
Can you make sure that the appropriate people get this letter?
Mark
From: Anna Camposeo <anna@gowithanna.ca>
Sent: Monday, December 3, 2018 12:14 PM
To: Parry, Mark
Subject: Re: Proposed Hotel 850 Bayway
Mr Parry,
Please accept this email as our input in regards to the proposal at 850 Bayway Blvd.
We are owners of a condo unit across the street at 851 Bayway Blvd. Our condo unit faces the
current hotel. As it stands now, we get a view of the intercoastal, which is the only view we
have. If this proposed hotel goes up, we will lose this view co mpletely as will every other condo
unit on the same side of our building as well as the other units in the other 3 high -rises. This
not only affects our single unit but many, many others. We do not have the privilege of having
the view of the ocean and by taking this view away, it will drastically have an effect on our
condo value. Who's going to want a buy a condo looking at a high-rise hotel??
Again, I re-iterate, this will affect many, many condo units in our buildings, so I speak on behalf
of them as well.
Secondly, being on the southern most point of Clearwater Beach where our Condo Association
is now, which comprises of several low-rises and several high-rises, the traffic is almost non-
existent and a non-issue. With addition of this proposed hotel, the additional traffic and noise
will affect the many senior citizens in our complexes. It will be unsafe for them to have more
cars. Many of us condo owners rely on the street parking, which already has the overflow of
those visiting the main beach affecting us.
Thirdly, our complexes do not have gated pool areas nor does it have our private beach gated.
With this new proposed hotel and many hotel guests that will most likely not follow the rules,
we feel that there will be trespassing and will effect our quiet enjoyment of the property.
We understand the growth that the area very well, and we support it actually, however not in
our neighborhood that simply does not call for it. It belongs on the main beach.
THIS HOTEL DOES NOT BELONG AMONGST US IN OUR QUIET AND TRAFFIC CALM
NEIGHBORHOOD, WHERE MOST OF THE RESIDENTS ARE SENIOR CITIZENS, IT BELONGS ON
THE MAIN STRIP OF CLEARWATER BEACH WHERE THERE IS ALREADY THE "HUSTLE AND
BUSTLE". KEEP THIS HOTEL AWAY FROM US!!!
Owners,
Anthony and Anna.
On Mon, Dec 3, 2018 at 9:48 AM Parry, Mark <Mark.Parry@myclearwater.com> wrote:
Oh, I wouldn't say that. In fact, the opportunity for public input at a public hearing will be,
barring any other continuances, January 17th with a second opportunity on February 7th.
Plus you can always contact the council or send in a letter to me which I will forward along to
the Council (email works just fine, too).
Mark
From: Anna Camposeo <anna@gowithanna.ca>
Sent: Friday, November 30, 2018 5:41:51 PM
To: Parry, Mark
Subject: Re: Proposed Hotel 850 Bayway
Hi
Looks like it’s well beyond the stage of public input and pretty much about to be approved?
Anna Camposeo
Re/Max Jazz Inc. Brokerage
905-728-1600
GoWithAnna.ca
On Nov 30, 2018, at 8:38 AM, Parry, Mark <Mark.Parry@MyClearwater.com> wrote:
I've attached the applicant's submittal.
Right now, the applicant is requesting approval of an allocation of 27 hotel units from the
Reserve pursuant to Beach by Design and approval of a conceptual site plan and elevations.
Let me know if you need anything else.
Mark
From: Anna Camposeo <anna@gowithanna.ca>
Sent: Friday, November 30, 2018 7:46:10 AM
To: Parry, Mark
Subject: Fwd: Proposed Hotel 850 Bayway
>
> Hello
> Can I get the 89 page report. Also, at what stage of planning/approval is this at, we’d like to contest!
>
> Anna Camposeo
<DRC Resubmittal Decade Properties HDA Development Agreement Applicat ion reduced.pdf>
--
Anna Camposeo, Sales Representative
Re/Max Jazz Inc. Brokerage
www.gowithanna.ca
905-728-1600
Awarded 2016 & 2017 RE/MAX Integra 100% Club Award
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9147-18 2nd rdg
Agenda Date: 12/6/2018 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9147-18 on second reading, vacating the 50 foot right-of-way of East Avenue,
depicted as East Street on Jones Subdivision of Nicholson Addition to Clearwater Plat as
recorded in Plat Book 4, Page 82 of the public records of Hillsborough County, Florida, from the
southerly right-of-way line of the vacated Hart Street to the Northerly right-of-way line of Jones
Street.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/6/2018
[RE15-1313-080/224326/1]1
Ord. No. 9147-18
ORDINANCE NO. 9147-18
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 50 FOOT RIGHT-OF-WAY OF
EAST AVENUE, DEPICTED AS EAST STREET ON
JONES SUBDIVISION OF NICHOLSON ADDITION TO
CLEARWATER PLAT AS RECORDED IN PLAT BOOK 4,
PAGE 82 OF THE PUBLIC RECORDS OF HILLSBOROUGH
COUNTY, FLORIDA, (THE “PLAT”), FROM THE
SOUTHERLY RIGHT-OF-WAY LINE OF THE VACATED
HART STREET (DEPICTED AS HART AVENUE ON THE
PLAT) TO THE NORTHERLY RIGHT-OF-WAY LINE OF
JONES STREET (DEPICTED AS JONES AVENUE ON THE
PLAT); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner in fee title of real property adjoining the right-of-way
described and depicted in Exhibit “A” attached hereto, has requested that the City vacate
said right-of-way; and
WHEREAS, the City Council of the City of Clearwater, Florida finds that said right-
of-way is not necessary for municipal use and it is deemed to be in the best interest of the
City and the general public that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
A portion of right-of-way described as follows:
See Exhibit A
is hereby vacated, closed and released, and the City of Clearwater releases all of its
right, title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the Public Records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
[RE15-1313-080/224326/1]2
Ord. No. 9147-18
PASSED ON FIRST READING ________________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED ________________________________
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
________________________________________________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
Block 9
Jones Subdivision of
Nicholson Addition to
Clearwater
Hillsborough Plat Book
4, Page 82
Block 10
VACATED HART STREET
HART AVE (PLAT)
60' RIGHT-OF-WAY
(OR 6626, PG 429)
PROPOSED AREA
OF VACATION
Jones Subdivision of
Nicholson Addition to
Clearwater
Hillsborough Plat Book
4, Page 82
Jones Subdivision of
Nicholson Addition to
Clearwater
Hillsborough Plat Book
4, Page 82
Block 10
Block 9
Jones Subdivision of
Nicholson Addition to
Clearwater
Hillsborough Plat Book
4, Page 82
Part of Block 9
Legal Description:
A right-of-way vacation described
as follows:
That area of the East Avenue (East
Street, Plat) right-of-way bounded
by Block 10 on the West, Block 9
on the East, the southerly
right-of-way line of the vacated
Hart Street (Hart Avenue, Plat) as
recorded in O.R. 6626 PG. 429, and
the northerly right of way line of
Jones Street (Jones Avenue, Plat) as
described in the Plat titled "Jones
Subdivision of Nicholson Addition
to Clearwater" as recorded in Plat
book 4, Page 82, of the Public
Records of Hillsborough County,
Florida, of which Pinellas County
was formally a part.
City of Clearwater Owned(Gas Complex)
City of Clearwater Owned
City of Clearwater Owned
Pinellas CountyOwned VINEAVEDREW ST
JONES ST N MYRTLE AVE N GARDEN AVE SPRUCE AVE MAPLE ST
HART ST FERN AVE BLANCHEBLITTLEJOHNTRLHART ST HART ST
MAPLE ST
AERIAL MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.277B 09-29s-15e10/9/18Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
Vacation of East AvenueBetween Jones Street and Hart Street
Document Path: V:\GIS\Engineering\Location Maps\East Ave Aerial.mxd
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9207-18 2nd rdg
Agenda Date: 12/6/2018 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.2
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9207-18 on second reading, annexing certain real properties whose post
office addresses are 505 and 806 Moss Avenue and 3059 Grand View Avenue, all within
Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines
of the city to include said additions.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/6/2018
Ordinance No. 9207-18
ORDINANCE NO. 9207-18
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTIES
LOCATED GENERALLY NORTH OF DREW STREET,
SOUTH OF SR 590, AND WITHIN ¼ MILE WEST OF
NORTH MCMULLEN BOOTH ROAD WHOSE POST OFFICE
ADDRESSES ARE 505 AND 806 MOSS AVENUE AND 3059
GRAND VIEW AVENUE, ALL IN CLEARWATER, FLORIDA
33759, 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 have petitioned the City of Clearwater to annex the
properties into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described properties are hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
See attached Exhibit A for legal descriptions.
(ANX2018-07018)
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. 9207-18
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Michael P. Fuino
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ANX2018‐09018
=========================================================================================
No. Parcel ID Legal Description Address
1. 09-29-16-45126-001-0050 Lot 5, Block A 3059 Grand View Avenue
2. 09-29-16-45126-007-0050 Lot 5, Block G 806 Moss Avenue
The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGE 14-15, of the Public Records of Pinellas
County, Florida.
No. Parcel ID Legal Description Address
1. 09-29-16-45144-009-0100 Lot 10, Block I 505 Moss Avenue
The above in KAPOK TERRACE 1ST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of
Pinellas County, Florida.
Exhibit B
LAKE LOUISE
LAKE
LOUISE
88245
45144
82890
45126
D
G
B
AH
O
J
I
234
5
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
13
2345
67
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789
10 11
12 13
14 15 16 17
234567891
1
2
11
(14)
1 2 3 4 5
8
9 10 11 12
33/02
1.4
1.4
33/01
A C(C)
A C(C)MOSS AVE N McMULLEN BOOTH RD MERRILL AVE
HOYT AVE
GRAND VIEW AVE
TERRACE VIEW LN
601
511510
600
7 1 2
800
602
8 0 1
7 0 8
801
807
3069306430013058301930343003304130133080304030643076302530013071301930533047307130003013303530653077300730583023307030523024300630773081301830403046304730633052306430463075305730763074306530703026305230073006304030123030505
8 0 6
8 0 0
701
3010305930653053301230593047307130413305930353041304130583307630703040305330473046305330353077303130253046-Not to Scale--Not a Survey-Rev. 9/14/2018
PROPOSED ANNEXATION
Owner(s):
Cynthia Howard
Jeffrey G. Barrett & Richard L. Zacchigna
Anthony Masselli
Case: ANX2018-09018
Site:
3059 Grand View Avenue
806 Moss Avenue
505 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.630
Land Use Zoning
PIN:
09-29-16-45126-001-0050
09-29-16-45126-007-0050
09-29-16-45144-009-0100 From : Residential Low (RL)
R-3 Single Family
Residential & R-4,
One, Two, Three
Family Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
DREW ST MOSS AVE N McMULLEN BOOTH RD MERRILL AVE
HOYT AVE
CHAMBLEE LN MADERA AVE GRAND VIEW AVE
BORDEAUX LN
WOLFE RD
LAKE VISTA DR
THOMAS RD
SAN MATEO ST CALAIS LN SAN PEDRO ST
TERRACE VIEW LN SAN BERNADINO ST
SAN MATEO ST
^-Not to Scale--Not a Survey-Rev. 9/14/2018
^
^
LOCATION MAP
Owner(s):
Cynthia Howard
Jeffrey G. Barrett & Richard L. Zacchigna
Anthony Masselli
Case: ANX2018-09018
Site:
3059 Grand View Avenue
806 Moss Avenue
505 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.630
Land Use Zoning
PIN:
09-29-16-45126-001-0050
09-29-16-45126-007-0050
09-29-16-45144-009-0100 From : Residential Low (RL)
R-3 Single Family
Residential & R-4,
One, Two, Three
Family Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
MOSS AVE MOSS AVE MERRILL AVE MERRILL AVE
HOYT AVE HOYT AVE
GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD TERRACE VIEW LN TERRACE VIEW LN -Not to Scale--Not a Survey-Rev. 9/14/2018
AERIAL PHOTOGRAPH
Owner(s):
Cynthia Howard
Jeffrey G. Barrett & Richard L. Zacchigna
Anthony Masselli
Case: ANX2018-09018
Site:
3059 Grand View Avenue
806 Moss Avenue
505 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.630
Land Use Zoning
PIN:
09-29-16-45126-001-0050
09-29-16-45126-007-0050
09-29-16-45144-009-0100 From : Residential Low (RL)
R-3 Single Family
Residential & R-4,
One, Two, Three
Family Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
LAKE LOUISE
LAKE
LOUISE
88245
45144
82890
45126
D
G
B
AH
O
J
I
234
5
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
13
2345
67
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789
10 11
12 13
14 15 16 17
234567891
1
2
11
(14)
1 2 3 4 5
8
9 10 11 12
33/02
1.4
1.4
33/01
A C(C)
A C(C)MOSS AVE N McMULLEN BOOTH RD MERRILL AVE
HOYT AVE
GRAND VIEW AVE
TERRACE VIEW LN
601
511510
600
7 1 2
800
602
8 0 1
7 0 8
801
807
3069306430013058301930343003304130133080304030643076302530013071301930533047307130003013303530653077300730583023307030523024300630773081301830403046304730633052306430463075305730763074306530703026305230073006304030123030505
8 0 6
8 0 0
701
3010305930653053301230593047307130413305930353041304130583307630703040305330473046305330353077303130253046-Not to Scale--Not a Survey-Rev. 9/14/2018
EXISTING SURROUNDING USES MAP
Owner(s):
Cynthia Howard
Jeffrey G. Barrett & Richard L. Zacchigna
Anthony Masselli
Case: ANX2018-09018
Site:
3059 Grand View Avenue
806 Moss Avenue
505 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.630
Land Use Zoning
PIN:
09-29-16-45126-001-0050
09-29-16-45126-007-0050
09-29-16-45144-009-0100 From : Residential Low (RL)
R-3 Single Family
Residential & R-4,
One, Two, Three
Family Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
ANX2018-09018
Anthony Masselli
505 Moss Avenue
View looking east at subject property, 505 Moss Avenue.
South of the subject property
North of the subject property
Across the street, to the west of the subject property
View looking northerly along Moss Avenue View looking southerly along Moss Avenue
ANX2018-09018
Jeffrey G. Barett, Richard L. Zacchigna
806 Moss Avenue
View looking west at subject property, 806 Moss Avenue.
South of the subject property
North of the subject property
Across the street, to the east of the subject property
View looking northerly along Moss Avenue View looking southerly along Moss Avenue
ANX2018-09018
Cynthia Howard
3059 Grand View Avenue
View looking south at subject property, 3059 Grand View Avenue.
West of the subject property
East of the subject property
Across the street, to the north of the subject property
View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9208-17 2nd rdg
Agenda Date: 12/6/2018 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9208-18 on second reading, amending the future land use element of the
Comprehensive Plan of the city to designate the land use for certain real properties whose post
office addresses are 505 and 806 Moss Avenue and 3059 Grand View Avenue, all within
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low
(RL).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/6/2018
Ordinance No. 9208-18
ORDINANCE NO. 9208-18
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY, TO
DESIGNATE THE LAND USE FOR CERTAIN REAL
PROPERTIES LOCATED GENERALLY NORTH OF DREW
STREET, SOUTH OF SR 590, AND WITHIN ¼ MILE WEST
OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST
OFFICE ADDRESSES ARE 505 AND 806 MOSS AVENUE
AND 3059 GRAND VIEW AVENUE, ALL IN CLEARWATER,
FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the amendment to the Future Land Use 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 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)
(ANX2018-07018)
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. 9207-18.
Ordinance No. 9208-18
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Michael P. Fuino
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ANX2018‐09018
=========================================================================================
No. Parcel ID Legal Description Address
1. 09-29-16-45126-001-0050 Lot 5, Block A 3059 Grand View Avenue
2. 09-29-16-45126-007-0050 Lot 5, Block G 806 Moss Avenue
The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGE 14-15, of the Public Records of Pinellas
County, Florida.
No. Parcel ID Legal Description Address
1. 09-29-16-45144-009-0100 Lot 10, Block I 505 Moss Avenue
The above in KAPOK TERRACE 1ST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of
Pinellas County, Florida.
Exhibit B
LAKE LOUISE
LAKE
LOUISE
88245
45144
82890
45126
D
G
B
AH
O
J
I
234
5
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
13
2345
67
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789
10 11
12 13
14 15 16 17
234567891
1
2
11
(14)
1 2 3 4 5
8
9 10 11 12
33/02
1.4
1.4
33/01
A C(C)
A C(C)MOSS AVE N McMULLEN BOOTH RD MERRILL AVE
HOYT AVE
GRAND VIEW AVE
TERRACE VIEW LN
RL
RL
RL
RL
RL
RL
RL
RL
R/OS
RL
RL
CG
601
511510
600
8 0 0
7 1 2
800
602
7 0 8
801
701 30693064305830193010303430033059306530533041301330803012304730403064307630253001307130193053304730713071300030133035306530593077300730353058302330413070305230243058300630773081301830403046304730633076305230703040306430463075305730763074305330473065307030263035305230073077300630403025301230463030505
8 0 6
8 0 1
807
3001305930413304130304630533031-Not to Scale--Not a Survey-Rev. 9/14/2018
PROPOSED FUTURE LAND USE MAP
Owner(s):
Cynthia Howard
Jeffrey G. Barrett & Richard L. Zacchigna
Anthony Masselli
Case: ANX2018-09018
Site:
3059 Grand View Avenue
806 Moss Avenue
505 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.630
Land Use Zoning
PIN:
09-29-16-45126-001-0050
09-29-16-45126-007-0050
09-29-16-45144-009-0100 From : Residential Low (RL)
R-3 Single Family
Residential & R-4,
One, Two, Three
Family Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
DREW ST MOSS AVE N McMULLEN BOOTH RD MERRILL AVE
HOYT AVE
CHAMBLEE LN MADERA AVE GRAND VIEW AVE
BORDEAUX LN
WOLFE RD
LAKE VISTA DR
THOMAS RD
SAN MATEO ST CALAIS LN SAN PEDRO ST
TERRACE VIEW LN SAN BERNADINO ST
SAN MATEO ST
^-Not to Scale--Not a Survey-Rev. 9/14/2018
^
^
LOCATION MAP
Owner(s):
Cynthia Howard
Jeffrey G. Barrett & Richard L. Zacchigna
Anthony Masselli
Case: ANX2018-09018
Site:
3059 Grand View Avenue
806 Moss Avenue
505 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.630
Land Use Zoning
PIN:
09-29-16-45126-001-0050
09-29-16-45126-007-0050
09-29-16-45144-009-0100 From : Residential Low (RL)
R-3 Single Family
Residential & R-4,
One, Two, Three
Family Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
MOSS AVE MOSS AVE MERRILL AVE MERRILL AVE
HOYT AVE HOYT AVE
GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD TERRACE VIEW LN TERRACE VIEW LN -Not to Scale--Not a Survey-Rev. 9/14/2018
AERIAL PHOTOGRAPH
Owner(s):
Cynthia Howard
Jeffrey G. Barrett & Richard L. Zacchigna
Anthony Masselli
Case: ANX2018-09018
Site:
3059 Grand View Avenue
806 Moss Avenue
505 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.630
Land Use Zoning
PIN:
09-29-16-45126-001-0050
09-29-16-45126-007-0050
09-29-16-45144-009-0100 From : Residential Low (RL)
R-3 Single Family
Residential & R-4,
One, Two, Three
Family Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
LAKE LOUISE
LAKE
LOUISE
88245
45144
82890
45126
D
G
B
AH
O
J
I
234
5
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
13
2345
67
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789
10 11
12 13
14 15 16 17
234567891
1
2
11
(14)
1 2 3 4 5
8
9 10 11 12
33/02
1.4
1.4
33/01
A C(C)
A C(C)MOSS AVE N McMULLEN BOOTH RD MERRILL AVE
HOYT AVE
GRAND VIEW AVE
TERRACE VIEW LN
601
511510
600
7 1 2
800
602
8 0 1
7 0 8
801
807
3069306430013058301930343003304130133080304030643076302530013071301930533047307130003013303530653077300730583023307030523024300630773081301830403046304730633052306430463075305730763074306530703026305230073006304030123030505
8 0 6
8 0 0
701
3010305930653053301230593047307130413305930353041304130583307630703040305330473046305330353077303130253046-Not to Scale--Not a Survey-Rev. 9/14/2018
EXISTING SURROUNDING USES MAP
Owner(s):
Cynthia Howard
Jeffrey G. Barrett & Richard L. Zacchigna
Anthony Masselli
Case: ANX2018-09018
Site:
3059 Grand View Avenue
806 Moss Avenue
505 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.630
Land Use Zoning
PIN:
09-29-16-45126-001-0050
09-29-16-45126-007-0050
09-29-16-45144-009-0100 From : Residential Low (RL)
R-3 Single Family
Residential & R-4,
One, Two, Three
Family Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
ANX2018-09018
Anthony Masselli
505 Moss Avenue
View looking east at subject property, 505 Moss Avenue.
South of the subject property
North of the subject property
Across the street, to the west of the subject property
View looking northerly along Moss Avenue View looking southerly along Moss Avenue
ANX2018-09018
Jeffrey G. Barett, Richard L. Zacchigna
806 Moss Avenue
View looking west at subject property, 806 Moss Avenue.
South of the subject property
North of the subject property
Across the street, to the east of the subject property
View looking northerly along Moss Avenue View looking southerly along Moss Avenue
ANX2018-09018
Cynthia Howard
3059 Grand View Avenue
View looking south at subject property, 3059 Grand View Avenue.
West of the subject property
East of the subject property
Across the street, to the north of the subject property
View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9209-18
Agenda Date: 12/6/2018 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.4
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9209-18 on second reading, amending the Zoning Atlas of the city by zoning
certain real properties whose post office addresses are 505 and 806 Moss Avenue and 3059
Grand View Avenue, all within Clearwater, Florida 33759, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/6/2018
Ordinance No. 9209-18
ORDINANCE NO. 9209 -18
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTIES LOCATED
GENERALLY NORTH OF DREW STREET, SOUTH OF SR
590, AND WITHIN ¼ MILE WEST OF NORTH MCMULLEN
BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE
505 AND 806 MOSS AVENUE AND 3059 GRAND VIEW
AVENUE, ALL IN CLEARWATER, FLORIDA 33759, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning 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 B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9207-18.
Property Zoning District
See attached Exhibit A for legal descriptions; Low Medium Density Residential
(LMDR)
(ANX2018-07018)
Ordinance No. 9209-18
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Michael P. Fuino
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ANX2018‐09018
=========================================================================================
No. Parcel ID Legal Description Address
1. 09-29-16-45126-001-0050 Lot 5, Block A 3059 Grand View Avenue
2. 09-29-16-45126-007-0050 Lot 5, Block G 806 Moss Avenue
The above in KAPOK TERRACE, as recorded in PLAT BOOK 36, PAGE 14-15, of the Public Records of Pinellas
County, Florida.
No. Parcel ID Legal Description Address
1. 09-29-16-45144-009-0100 Lot 10, Block I 505 Moss Avenue
The above in KAPOK TERRACE 1ST ADDITION, as recorded in PLAT BOOK 49, PAGE 48, of the Public Records of
Pinellas County, Florida.
Exhibit B
LAKE LOUISE
LAKE
LOUISE
88245
45144
82890
45126
D
G
B
AH
O
J
I
234
5
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
13
2345
67
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789
10 11
12 13
14 15 16 17
234567891
1
2
11
(14)
1 2 3 4 5
8
9 10 11 12
33/02
1.4
1.4
33/01
A C(C)
A C(C)MOSS AVE N McMULLEN BOOTH RD MERRILL AVE
HOYT AVE
GRAND VIEW AVE
TERRACE VIEW LN
LMDR
OS/R
C
601
511510
600
7 1 2
800
602
8 0 1
7 0 8
801
807
3069306430013058301930343003304130133080304030643076302530013071301930533047307130003013303530653077300730583023307030523024300630773081301830403046304730633052306430463075305730763074306530703026305230073006304030123030505
8 0 6
8 0 0
701
3010305930653053301230593047307130413305930353041304130583307630703040305330473046305330353077303130253046-Not to Scale--Not a Survey-Rev. 9/14/2018
PROPOSED ZONING MAP
Owner(s):
Cynthia Howard
Jeffrey G. Barrett & Richard L. Zacchigna
Anthony Masselli
Case: ANX2018-09018
Site:
3059 Grand View Avenue
806 Moss Avenue
505 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.630
Land Use Zoning
PIN:
09-29-16-45126-001-0050
09-29-16-45126-007-0050
09-29-16-45144-009-0100 From : Residential Low (RL)
R-3 Single Family
Residential & R-4,
One, Two, Three
Family Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
DREW ST MOSS AVE N McMULLEN BOOTH RD MERRILL AVE
HOYT AVE
CHAMBLEE LN MADERA AVE GRAND VIEW AVE
BORDEAUX LN
WOLFE RD
LAKE VISTA DR
THOMAS RD
SAN MATEO ST CALAIS LN SAN PEDRO ST
TERRACE VIEW LN SAN BERNADINO ST
SAN MATEO ST
^-Not to Scale--Not a Survey-Rev. 9/14/2018
^
^
LOCATION MAP
Owner(s):
Cynthia Howard
Jeffrey G. Barrett & Richard L. Zacchigna
Anthony Masselli
Case: ANX2018-09018
Site:
3059 Grand View Avenue
806 Moss Avenue
505 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.630
Land Use Zoning
PIN:
09-29-16-45126-001-0050
09-29-16-45126-007-0050
09-29-16-45144-009-0100 From : Residential Low (RL)
R-3 Single Family
Residential & R-4,
One, Two, Three
Family Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
MOSS AVE MOSS AVE MERRILL AVE MERRILL AVE
HOYT AVE HOYT AVE
GRAND VIEW AVE GRAND VIEW AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD TERRACE VIEW LN TERRACE VIEW LN -Not to Scale--Not a Survey-Rev. 9/14/2018
AERIAL PHOTOGRAPH
Owner(s):
Cynthia Howard
Jeffrey G. Barrett & Richard L. Zacchigna
Anthony Masselli
Case: ANX2018-09018
Site:
3059 Grand View Avenue
806 Moss Avenue
505 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.630
Land Use Zoning
PIN:
09-29-16-45126-001-0050
09-29-16-45126-007-0050
09-29-16-45144-009-0100 From : Residential Low (RL)
R-3 Single Family
Residential & R-4,
One, Two, Three
Family Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
LAKE LOUISE
LAKE
LOUISE
88245
45144
82890
45126
D
G
B
AH
O
J
I
234
5
123456
7 8 9 10 11
1
2 3
4
5
6
7
8
9101112
13
2345
67
8910
11 12 13 14 15 16 17 18
23456789
10 11 12 13 14 15 16 17
23456789
10 11
12 13
14 15 16 17
234567891
1
2
11
(14)
1 2 3 4 5
8
9 10 11 12
33/02
1.4
1.4
33/01
A C(C)
A C(C)MOSS AVE N McMULLEN BOOTH RD MERRILL AVE
HOYT AVE
GRAND VIEW AVE
TERRACE VIEW LN
601
511510
600
7 1 2
800
602
8 0 1
7 0 8
801
807
3069306430013058301930343003304130133080304030643076302530013071301930533047307130003013303530653077300730583023307030523024300630773081301830403046304730633052306430463075305730763074306530703026305230073006304030123030505
8 0 6
8 0 0
701
3010305930653053301230593047307130413305930353041304130583307630703040305330473046305330353077303130253046-Not to Scale--Not a Survey-Rev. 9/14/2018
EXISTING SURROUNDING USES MAP
Owner(s):
Cynthia Howard
Jeffrey G. Barrett & Richard L. Zacchigna
Anthony Masselli
Case: ANX2018-09018
Site:
3059 Grand View Avenue
806 Moss Avenue
505 Moss Avenue
Property
Size(Acres):
ROW (Acres):
0.630
Land Use Zoning
PIN:
09-29-16-45126-001-0050
09-29-16-45126-007-0050
09-29-16-45144-009-0100 From : Residential Low (RL)
R-3 Single Family
Residential & R-4,
One, Two, Three
Family Residential
Atlas Page: 283A To: Residential Low (RL) Low Medium Density
Residential (LMDR)
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
Single Family Residential
ANX2018-09018
Anthony Masselli
505 Moss Avenue
View looking east at subject property, 505 Moss Avenue.
South of the subject property
North of the subject property
Across the street, to the west of the subject property
View looking northerly along Moss Avenue View looking southerly along Moss Avenue
ANX2018-09018
Jeffrey G. Barett, Richard L. Zacchigna
806 Moss Avenue
View looking west at subject property, 806 Moss Avenue.
South of the subject property
North of the subject property
Across the street, to the east of the subject property
View looking northerly along Moss Avenue View looking southerly along Moss Avenue
ANX2018-09018
Cynthia Howard
3059 Grand View Avenue
View looking south at subject property, 3059 Grand View Avenue.
West of the subject property
East of the subject property
Across the street, to the north of the subject property
View looking easterly along Grand View Avenue View looking westerly along Grand View Avenue
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9204-18 2nd rdg
Agenda Date: 12/6/2018 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.5
SUBJECT/RECOMMENDATION:
WITHDRAWN: Adopt Ordinance 9204-18 on second reading, annexing certain real property
whose post office address is 2101 North Hercules Avenue, Clearwater, Florida 33763, together
with abutting right-of-way of North Hercules Avenue, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/6/2018
Ordinance No. 9204-18
ORDINANCE NO. 9204-18
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE SOUTHEAST CORNER OF NORTH
HERCULES AVENUE AND LAKE CITRUS DRIVE WHOSE
POST OFFICE ADDRESS IS 2101 NORTH HERCULES
AVENUE, CLEARWATER, FLORIDA 33763, TOGETHER
WITH ABUTTING RIGHT-OF-WAY OF NORTH HERCULES
AVENUE, INTO THE CORPORATE LIMITS OF THE CITY,
AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 1 and the West 5 feet of Lot 2, Block 4, LAKE CITRUS ESTATES, according to
that certain plat as recorded in Plat Book 33, Page 85, Public Records of Pinellas County,
Florida, together with abutting right-of-way of North Hercules Avenue.
(ANX2018-07017)
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,
Ordinance No. 9204-18
within 7 days after adoption, and shall file a certified copy with the Florida Department of
State within 30 days after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Michael P. Fuino
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
93627
32
33
34
35
36
37
38
39
15 14 13 12 11
10
9
8
7
6
5
16 17 18 19
31
30
20
21 1
2
3
4
5 6 7 8 9
10
11
12
13
64
65
66
63
62
61
3
4
3
4
59 60 61 62 63
12
13
14 28
27
26 12
13
14 28
27
26
1
2 3
4 5
6 7
8 9
10 11
12
1 2 3 4 5 6 7 8
34/03
34/04
2.48
3.23 A C(C)
A C(C)
1
UNION ST N HERCULES AVE LAKE CITRUS DR
HEALY DR 2015207619862124
2026
201319902072 201219922065 20922124
199420702005202 02023200420272062 20302125
2128
2066
2122
20172110
2129
20162064
2069
2 0 7 5
2109
2117
202020172125
2079 198820192129
20052 0 8 2
2076
2090 200820052074
2077
2068
2084 20882073
2076 20772074
2071200819842128
2078
2080 208020842059
2075
2086
206320091991
2075
2078 2067
2080
2101
19892082 -Not to Scale--Not a Survey-Rev. 9/14/2018
PROPOSED ANNEXATION
Owner(s): Robert & Debra Bonomo Case: ANX2018-09017
Site: 2101 North Hercules Avenue
Property
Size(Acres):
ROW (Acres):
0.181
0.125
Land Use Zoning
PIN: 36-28-15-47700-004-0010
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 242B To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
ALLARD DR
UNION ST N HERCULES AVE BEECHER RD ASHLAND DR
ALTON DR CAPRI DR RIVIERA DR CATALINA DR NLAKE CITRUS DR ALICIA DR HEALY DR
CHARTER OAKS DR LOS LOMAS DR SANTIAGO WAY NLOMA LINDA WAY NSAN MARINO WAY NSAN SABASTIAN WAY NE L D O R A D O C T
^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 9/12/2018
LOCATION MAP
Owner(s): Robert & Debra Bonomo Case: ANX2018-09017
Site: 2101 North Hercules Avenue
Property
Size(Acres):
ROW (Acres):
0.181
0.125
Land Use Zoning
PIN: 36-28-15-47700-004-0010
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 242B To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
N HERCULES AVE N HERCULES AVE UNION ST UNION ST
HEALY DR HEALY DR
LAKE CITRUS DR LAKE CITRUS DR MADRID CT NMADRID CT NSANTIAGO WAY NSANTIAGO WAY NBUTTERNUT CIR WBUTTERNUT CIR WCATALINA DR NCATALINA DR NRIVIERA DR RIVIERA DR BUTTERNUT CIR EBUTTERNUT CIR E-Not to Scale--Not a Survey-Rev. 9/14/2018
AERIAL PHOTOGRAPH
Owner(s): Robert & Debra Bonomo Case: ANX2018-09017
Site: 2101 North Hercules Avenue
Property
Size(Acres):
ROW (Acres):
0.181
0.125
Land Use Zoning
PIN: 36-28-15-47700-004-0010
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 242B To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
93627
32
33
34
35
36
37
38
39
15 14 13 12 11
10
9
8
7
6
5
16 17 18 19
31
30
20
21 1
2
3
4
5 6 7 8 9
10
11
12
13
64
65
66
63
62
61
3
4
3
4
59 60 61 62 63
12
13
14 28
27
26 12
13
14 28
27
26
1
2 3
4 5
6 7
8 9
10 11
12
1 2 3 4 5 6 7 8
34/03
34/04
2.48
3.23 A C(C)
A C(C)
1
UNION ST N HERCULES AVE LAKE CITRUS DR
HEALY DR 2015207619862124
2026
201319902072 201219922065 20922124
199420702005202 02023200420272062 20302125
2128
2066
2122
20172110
2129
20162064
2069
2 0 7 5
2109
2117
202020172125
2079 198820192129
20052 0 8 2
2076
2090 200820052074
2077
2068
2084 20882073
2076 20772074
2071200819842128
2078
2080 208020842059
2075
2086
206320091991
2075
2078 2067
2080
2101
19892082 -Not to Scale--Not a Survey-Rev. 9/14/2018
EXISTING SURROUNDING USES MAP
Owner(s): Robert & Debra Bonomo Case: ANX2018-09017
Site: 2101 North Hercules Avenue
Property
Size(Acres):
ROW (Acres):
0.181
0.125
Land Use Zoning
PIN: 36-28-15-47700-004-0010
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 242B To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
Church
Single Family Residential
Single Family Residential
ANX2018-09017
Robert & Debra Bonomo
2101 North Hercules Avenue
View looking east at subject property, 2101 North Hercules Avenue.
South of the subject property
North of the subject property
Across the street, to the west of the subject property
View looking northerly along North Hercules Avenue View looking southerly along North Hercules Avenue
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9205-18 2nd rdg
Agenda Date: 12/6/2018 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.6
SUBJECT/RECOMMENDATION:
WITHDRAWN: Adopt Ordinance 9205-18 on second reading, amending the future land use
plan element of the Comprehensive Plan of the city to designate the land use for certain real
property whose post office address is 2101 North Hercules Avenue, Clearwater, Florida 33763,
upon annexation into the City of Clearwater as Residential Low (RL).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/6/2018
Ordinance No. 9205-18
ORDINANCE NO. 9205-18
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN OF THE CITY, TO
DESIGNATE THE LAND USE FOR CERTAIN REAL
PROPERTY LOCATED ON THE SOUTHEAST CORNER OF
NORTH HERCULES AVENUE AND LAKE CITRUS DRIVE,
WHOSE POST OFFICE ADDRESS IS 2101 NORTH
HERCULES AVENUE, CLEARWATER, FLORIDA 33763,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the Future Land Use 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 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 1 and the West 5 feet of Lot 2, Block 4,
LAKE CITRUS ESTATES, according to that
certain plat as recorded in Plat Book 33,
Page 85, Public Records of Pinellas County,
Florida;
Residential Low
(RL)
(ANX2018-07017)
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. 9204-18.
Ordinance No. 9205-18
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Michael P. Fuino
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
93627
32
33
34
35
36
37
38
39
15 14 13 12 11
10
9
8
7
6
5
4
16 17 18 19
31
30
20
21 1
2
3
4
5 6 7 8 9
10
11
12
13
64
65
66
63
62
61
3
4
3
4
59 60 61 62 63
12
13
14 28
27
26 12
13
14 28
27
26
1
2 3
4 5
6 7
8 9
10 11
12
1 2 3 4 5 6 7 8
34/03
34/04
2.48
3.23 A C(C)
A C(C)
1
UNION ST N HERCULES AVE LAKE CITRUS DR
HEALY DR
I
RL
RU
RL
RL
RU
RLRL
RLM
P
RLM 2015207619862124
2026
20132072 20122065 20922124
199420702005 2020202320042062 20302059
2066
2122
20172110
20162064
2069
2 0 7 5
2109
2117
202020172125
1988201920052 0 8 2
2076
2090 2008199020052074
2077
2068
2084 20882073
2076 1992206120772074
2071200819842027
2078
2080 208020842075
2086
2125
2063
2128
2060 200919912129
2075
2078
2079
2067
2080
2101
2129
19892082 -Not to Scale--Not a Survey-Rev. 9/13/2018
PROPOSED FUTURE LAND USE MAP
Owner(s): Robert & Debra Bonomo Case: ANX2018-09017
Site: 2101 North Hercules Avenue
Property
Size(Acres):
ROW (Acres):
0.181
0.125
Land Use Zoning
PIN: 36-28-15-47700-004-0010
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 242B To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
ALLARD DR
UNION ST N HERCULES AVE BEECHER RD ASHLAND DR
ALTON DR CAPRI DR RIVIERA DR CATALINA DR NLAKE CITRUS DR ALICIA DR HEALY DR
CHARTER OAKS DR LOS LOMAS DR SANTIAGO WAY NLOMA LINDA WAY NSAN MARINO WAY NSAN SABASTIAN WAY NE L D O R A D O C T
^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 9/12/2018
LOCATION MAP
Owner(s): Robert & Debra Bonomo Case: ANX2018-09017
Site: 2101 North Hercules Avenue
Property
Size(Acres):
ROW (Acres):
0.181
0.125
Land Use Zoning
PIN: 36-28-15-47700-004-0010
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 242B To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
N HERCULES AVE N HERCULES AVE UNION ST UNION ST
HEALY DR HEALY DR
LAKE CITRUS DR LAKE CITRUS DR MADRID CT NMADRID CT NSANTIAGO WAY NSANTIAGO WAY NBUTTERNUT CIR WBUTTERNUT CIR WCATALINA DR NCATALINA DR NRIVIERA DR RIVIERA DR BUTTERNUT CIR EBUTTERNUT CIR E-Not to Scale--Not a Survey-Rev. 9/14/2018
AERIAL PHOTOGRAPH
Owner(s): Robert & Debra Bonomo Case: ANX2018-09017
Site: 2101 North Hercules Avenue
Property
Size(Acres):
ROW (Acres):
0.181
0.125
Land Use Zoning
PIN: 36-28-15-47700-004-0010
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 242B To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
93627
32
33
34
35
36
37
38
39
15 14 13 12 11
10
9
8
7
6
5
16 17 18 19
31
30
20
21 1
2
3
4
5 6 7 8 9
10
11
12
13
64
65
66
63
62
61
3
4
3
4
59 60 61 62 63
12
13
14 28
27
26 12
13
14 28
27
26
1
2 3
4 5
6 7
8 9
10 11
12
1 2 3 4 5 6 7 8
34/03
34/04
2.48
3.23 A C(C)
A C(C)
1
UNION ST N HERCULES AVE LAKE CITRUS DR
HEALY DR 2015207619862124
2026
201319902072 201219922065 20922124
199420702005202 02023200420272062 20302125
2128
2066
2122
20172110
2129
20162064
2069
2 0 7 5
2109
2117
202020172125
2079 198820192129
20052 0 8 2
2076
2090 200820052074
2077
2068
2084 20882073
2076 20772074
2071200819842128
2078
2080 208020842059
2075
2086
206320091991
2075
2078 2067
2080
2101
19892082 -Not to Scale--Not a Survey-Rev. 9/14/2018
EXISTING SURROUNDING USES MAP
Owner(s): Robert & Debra Bonomo Case: ANX2018-09017
Site: 2101 North Hercules Avenue
Property
Size(Acres):
ROW (Acres):
0.181
0.125
Land Use Zoning
PIN: 36-28-15-47700-004-0010
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 242B To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
Church
Single Family Residential
Single Family Residential
ANX2018-09017
Robert & Debra Bonomo
2101 North Hercules Avenue
View looking east at subject property, 2101 North Hercules Avenue.
South of the subject property
North of the subject property
Across the street, to the west of the subject property
View looking northerly along North Hercules Avenue View looking southerly along North Hercules Avenue
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9206-18 2nd rdg
Agenda Date: 12/6/2018 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.7
SUBJECT/RECOMMENDATION:
WITHDRAWN: Adopt Ordinance 9206-18 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 2101 North Hercules Avenue,
Clearwater, Florida 33763, upon annexation into the City of Clearwater as Low Medium Density
Residential (LMDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 12/6/2018
Ordinance No. 9206-18
ORDINANCE NO. 9206 -18
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTHEAST CORNER OF NORTH HERCULES
AVENUE AND LAKE CITRUS DRIVE, WHOSE POST
OFFICE ADDRESS IS 2101 NORTH HERCULES AVENUE,
CLEARWATER, FLORIDA 33763, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM
DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning 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. 9204-18.
Property Zoning District
Lot 1 and the West 5 feet of Lot 2, Block 4,
LAKE CITRUS ESTATES, according to that
certain plat as recorded in Plat Book 33,
Page 85, Public Records of Pinellas County,
Florida;
Low Medium Density Residential
(LMDR)
(ANX2018-07017)
Ordinance No. 9206-18
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Michael P. Fuino
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
93627
32
33
34
35
36
37
38
39
15 14 13 12 11
10
9
8
7
6
5
4
16 17 18 19
31
30
20
21 1
2
3
4
5 6 7 8 9
10
11
12
13
64
65
66
63
62
61
3
4
3
4
59 60 61 62 63
12
13
14 28
27
26 12
13
14 28
27
26
1
2 3
4 5
6 7
8 9
10 11
12
1 2 3 4 5 6 7 8
34/03
34/04
2.48
3.23 A C(C)
A C(C)
1
UNION ST N HERCULES AVE LAKE CITRUS DR
HEALY DR
I
MDR
LMDR 201520762124
2026
20132072 201219922065 20922124
1994207019842005 20202023200420272062 20302059
2125
2066
2122
20172110
20162064
2069
2 0 7 5
2109
2117
202020172125
2079 201920052 0 8 21986
2076
2090 2008199020052074
2077
2068
2084 20882073
2076
206120772074
20712008
2078
2080 208020842075
2086
2063
2128
2060 200919912129
2075
2078 19882067
2080
2101
2129
19892082 -Not to Scale--Not a Survey-Rev. 9/13/2018
PROPOSED ZONING MAP
Owner(s): Robert & Debra Bonomo Case: ANX2018-09017
Site: 2101 North Hercules Avenue
Property
Size(Acres):
ROW (Acres):
0.181
0.125
Land Use Zoning
PIN: 36-28-15-47700-004-0010
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 242B To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
ALLARD DR
UNION ST N HERCULES AVE BEECHER RD ASHLAND DR
ALTON DR CAPRI DR RIVIERA DR CATALINA DR NLAKE CITRUS DR ALICIA DR HEALY DR
CHARTER OAKS DR LOS LOMAS DR SANTIAGO WAY NLOMA LINDA WAY NSAN MARINO WAY NSAN SABASTIAN WAY NE L D O R A D O C T
^
PROJECT
SITE -Not to Scale--Not a Survey-Rev. 9/12/2018
LOCATION MAP
Owner(s): Robert & Debra Bonomo Case: ANX2018-09017
Site: 2101 North Hercules Avenue
Property
Size(Acres):
ROW (Acres):
0.181
0.125
Land Use Zoning
PIN: 36-28-15-47700-004-0010
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 242B To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
N HERCULES AVE N HERCULES AVE UNION ST UNION ST
HEALY DR HEALY DR
LAKE CITRUS DR LAKE CITRUS DR MADRID CT NMADRID CT NSANTIAGO WAY NSANTIAGO WAY NBUTTERNUT CIR WBUTTERNUT CIR WCATALINA DR NCATALINA DR NRIVIERA DR RIVIERA DR BUTTERNUT CIR EBUTTERNUT CIR E-Not to Scale--Not a Survey-Rev. 9/14/2018
AERIAL PHOTOGRAPH
Owner(s): Robert & Debra Bonomo Case: ANX2018-09017
Site: 2101 North Hercules Avenue
Property
Size(Acres):
ROW (Acres):
0.181
0.125
Land Use Zoning
PIN: 36-28-15-47700-004-0010
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 242B To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
93627
32
33
34
35
36
37
38
39
15 14 13 12 11
10
9
8
7
6
5
16 17 18 19
31
30
20
21 1
2
3
4
5 6 7 8 9
10
11
12
13
64
65
66
63
62
61
3
4
3
4
59 60 61 62 63
12
13
14 28
27
26 12
13
14 28
27
26
1
2 3
4 5
6 7
8 9
10 11
12
1 2 3 4 5 6 7 8
34/03
34/04
2.48
3.23 A C(C)
A C(C)
1
UNION ST N HERCULES AVE LAKE CITRUS DR
HEALY DR 2015207619862124
2026
201319902072 201219922065 20922124
199420702005202 02023200420272062 20302125
2128
2066
2122
20172110
2129
20162064
2069
2 0 7 5
2109
2117
202020172125
2079 198820192129
20052 0 8 2
2076
2090 200820052074
2077
2068
2084 20882073
2076 20772074
2071200819842128
2078
2080 208020842059
2075
2086
206320091991
2075
2078 2067
2080
2101
19892082 -Not to Scale--Not a Survey-Rev. 9/14/2018
EXISTING SURROUNDING USES MAP
Owner(s): Robert & Debra Bonomo Case: ANX2018-09017
Site: 2101 North Hercules Avenue
Property
Size(Acres):
ROW (Acres):
0.181
0.125
Land Use Zoning
PIN: 36-28-15-47700-004-0010
From : Residential Low (RL) R-3 Single Family
Residential
Atlas Page: 242B To: Residential Low (RL)
Low Medium
Density Residential
(LMDR)
Church
Single Family Residential
Single Family Residential
ANX2018-09017
Robert & Debra Bonomo
2101 North Hercules Avenue
View looking east at subject property, 2101 North Hercules Avenue.
South of the subject property
North of the subject property
Across the street, to the west of the subject property
View looking northerly along North Hercules Avenue View looking southerly along North Hercules Avenue
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5469
Agenda Date: 12/6/2018 Status: City Manager ReportVersion: 2
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Approve the First Amendment to Partnership and Support Grant Agreement between the
Clearwater Historical Society (CHS) and the City of Clearwater to extend a grant in the amount
of $12,000 annually, from November 1, 2018 through September 30, 2022, for operational
expenses associated with the South Ward Elementary School property and authorize the
appropriate officials to execute same.
SUMMARY:
On January 19, 2016, the City Council approved a three-year support grant to CHS in the
amount of $12,000 annually from February 1, 2016 through October 31, 2018 to provide
assistance for the preservation of local history and for the rehabilitation, renovation,
maintenance and operation of the South Ward Elementary School property.
CHS has successfully fulfilled all the requirements of the three-year support agreement and is
requesting an extension of the grant agreement under the same terms and conditions for an
additional three years.
At the November 13 work session, Council directed staff to extend the grant agreement for an
additional three years.
This amendment will provide for the extension of the agreement from November 1, 2018
through September 30, 2022 and provide for additional funding of $12,000 per year for a total of
$36,000, with the first payment being in October 2019 to coincide with the city fiscal year. The
remaining two payments will be in October 2020 and 2021.
APPROPRIATION CODE AND AMOUNT:
Funds will be requested in the City Council cost code 0109100-581000 (payment to agencies)
for fiscal years 2019/20, 2020/21and 2021/22 to fund this agreement.
Page 1 City of Clearwater Printed on 12/6/2018
1
FIRST AMENDMENT TO PARTNERSHIP AND SUPPORT GRANT AGREEMENT
THIS FIRST AMENDMENT TO PARTNERSHIP AND SUPPORT GRANT
AGREEMENT (“First Amendment”) is made and entered into on this _____ day of
_______________, 2018, by and between the City of Clearwater, Florida, a municipal corporation
of the State of Florida, hereafter referred to as “City” whose address is Parks & Recreation Director,
Post Office Box 4748, Clearwater, Florida 33758-4748, and The Clearwater Historical Society,
whose address is Post Office Box 175, Clearwater, FL 33757, hereafter referred to as “Society”
(each individually referred to herein as “Party” or collectively as the “Parties”).
WHEREAS, the Parties entered into the Partnership and Support Grant Agreement
(“Agreement”) on January 21, 2016, in which the City provided a three-year operational support
grant to the Society to preserve the history of Clearwater, Florida and support the rehabilitation of
the South Ward Elementary School; and
WHEREAS, the City has determined that it is highly desirable and socially responsible to
provide assistance for the preservation of local history; and
WHEREAS, the Society has proposed to provide for the preservation of the history of
Clearwater, Florida and the Greater Clearwater area; and
WHEREAS, the Parties agree that it is mutually beneficial to amend this Agreement and
continue the support grant for an additional period;
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained
herein, the Parties hereby agree as follows:
1.Article I. Term. The Parties agree to extend the term of this Agreement for four years,
beginning November 1, 2018 and ending September 30, 2022.
2. Article III. Responsibilities of the City. Grant of Funds.
The following is added to Paragraph 1(a):
The City agrees to provide a lump sum grant of $12,000 (twelve thousand dollars) to
the Society at the start of each City fiscal year for an additional three (3) years for a
total not to exceed $36,000 (thirty six thousand dollars) to the Society at the start of
each City fiscal year, with the first payment to occur in October 2019, the second
payment to occur in October 2020, and the final payment to occur in October 2021.
2
3. The foregoing recitals are true and correct and are incorporated in and form a part of this
Agreement.
4. All of the terms and conditions of this Agreement which are not expressly amended or
deleted herein shall continue in full force and effect.
IN WITNESS WHEREOF, the Parties have executed and delivered this Amendment the day and
year first written above.
The Clearwater Historical Society
By: __________________________
Print Name: ____________________
Title: __________________________
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________By:__________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________________________________________
Owen Kohler Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 18-22
Agenda Date: 12/6/2018 Status: City Manager ReportVersion: 1
File Type: ResolutionIn Control: Planning & Development
Agenda Number: 10.2
SUBJECT/RECOMMENDATION:
Support the submission of a grant application for the Forward Pinellas Complete Streets Grant
Program to develop a complete streets design and concept for the Ft. Harrison Avenue corridor
from South Ft. Harrison Avenue at Belleair Road to North Ft. Harrison Avenue at the Pleasant
Street merge with Myrtle Avenue, and pass Resolution 18-22.
In October 2018, Forward Pinellas issued a call for Complete Streets projects, asking local
governments to submit applications requesting funding for concept designs or construction of
local complete streets projects, funded through a competitive grant program. Complete
Streets are designed, operated, and maintained for all users, regardless of age or ability, based
on the context of the street and the surrounding area, and can serve as catalysts for
transformative redevelopment and economic development.
Staff has prepared a grant application for the Ft. Harrison Avenue corridor from South Ft.
Harrison Avenue at Belleair Road to North Ft. Harrison Avenue where it merges with Myrtle
Avenue at Pleasant Street. The scope of this Project connects three major destinations, Morton
Plant Hospital Campus, Downtown and the future Imagine Clearwater waterfront
redevelopment, and the North Marina Area. A significant portion of the project corridor is within
the Downtown Clearwater Redevelopment Area. Both Downtown and the Morton Plant area are
designated Activity Centers in the city’s Comprehensive Plan. Ft. Harrison Avenue also serves
as a significant north-south collector road serving a daily average of 14,862 vehicles on the
south segment and 9,800 vehicles on the north segment, according to the Forward Pinellas
2017 Average Annual Daily Traffic (A.A.D.T.) counts. Safe, efficient access to destinations by
all travel modes is a key objective of this grant application.
This application would continue the momentum of the recent Complete Drew Street project,
which was funded by this same complete street grant. In conjunction with the current
development of the Citywide Complete Streets Implementation Plan for Clearwater, the grant
would provide the additional benefit of utilizing the Implementation Plan’s toolkit of complete
streets concept solutions to the various Ft. Harrison Avenue contexts.
The City is requesting $50,000.00 of funding, and in consideration of the competitive selection
process for determining allocation of available funds, the City is committing to matching
$50,000.00 with $25,000 in-kind and $25,000 direct funding. Resolution 18-22 formalizes City
Council’s support for the grant application.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the Planning Department cost code 0101420-530100, professional
Page 1 City of Clearwater Printed on 12/6/2018
File Number: 18-22
services, to fund this agreement.
Page 2 City of Clearwater Printed on 12/6/2018
2
Resolution No. 18-22
RESOLUTION NO. 18-22
A RESOLUTION OF THE CITY OF CLEARWATER (THE CITY),
FLORIDA AUTHORIZING THE COMMUNITY DEVELOPMENT
DIRECTOR OR DESIGNEE TO TRANSMIT EXHIBIT A AS THE
CITY’S APPLICATION FOR THE FORWARD PINELLAS
COMPLETE STREETS GRANT PROGRAM ON BEHALF OF THE
CITY’S COUNCIL, THE CITY’S GOVERNING BODY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council desires that Clearwater be a livable community that
provides a transportation system designed and operated to assure safety, comfort, and
accessibility for all modes of travel; and
WHEREAS, “complete streets” is a design concept contextualizing the relationship
between the streets and the surrounding area that endeavors to provide accessible
and efficient connections between home, school, work, recreation, and retail
destinations for all, regardless of age or ability, by improving pedestrian and vehicular
environments and supporting economic growth and community stability; and
WHEREAS, Forward Pinellas has a competitive funding program for “complete
streets” concept planning and design (hereinafter referred to as the “Program”);
and
WHEREAS, the City desires to develop a “complete streets” concept and design
plan for South and North Fort Harrison Avenue from Belleair Road to the merge with
Myrtle Avenue at Pleasant Street (hereinafter referred to as the “Project”), which
could serve to enhance the connectivity to and between the Morton Plant Hospital
Campus, Downtown, and the North Marina Area, all of which are designated Activity
Centers, if the City elects to implement the plan; and
WHEREAS, Exhibit “A” is the City’s grant application, and it describes the Project
and provides a cost estimate to complete the concept planning process, prepare
design concepts, and finalize documents related to the “complete streets” plan; and
WHEREAS, the City commits to a contribution of $50,000.00 toward the Project,
which is in the form of $25,000.00 in-kind services and $25,000.00 direct funding, and
the City expects Forward Pinellas to match the City’s contribution, via the Program, to
help the City create the plan for the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council supports the proposed Project, as described in
Exhibit “A”, and authorizes the Community Development Coordinator or Designee to
transmit to Forward Pinellas as the City’s application for the Program.
2
Resolution No. 18-22
Section 2. This resolution shall take effect immediately after adoption.
PASSED AND ADOPTED this day of , 2018.
George N. Cretekos
Mayor
Approved as to form: Attest:
Michael P. Fuino Rosemarie Call
Assistant City Attorney City Clerk
November 7, 2018
Chelsea Favero, AICP
Forward Pinellas
310 Court Street
Clearwater, FL 33756
RE: Forward Pinellas Complete Streets Grand Application – Drew Street Corridor
Dear Ms. Favero,
The Harbor Oaks Association fully supports the community effort to upgrade Drew
Street to a ‘complete street’, so that it is more accessible and safer for pedestrians,
bike riders, athletes and motor vehicles.
The Harbor Oaks neighborhood adjoins Fort Harrison Road immediately south of
Turner Street and west to the intercoastal waterway. We recognize that an increase
in the safety of these streets would enable residents and visitors to better enjoy the
City’s natural coastal beauty and the neighborhood’s Magnolia Street Dock. More
accessible and safer access routes would promote improved integration of the
residential community and provide better support of the local businesses that serve
and immediately adjoin our neighborhood. Further, an extension of this corridor
south along Fort Harrison Road to Belleair would lend strength to the revitalization
efforts by the City for the downtown area.
We ask that the City of Clearwater be awarded the Forward Pinellas Complete
Streets grant.
Sincerely,
Gregg Gallagher, President
Harbor Oaks Association Board
cc: Mayor George Cretekos, City Council, City of Clearwater
William Horne, City Manager, City of Clearwater
Ellen Crandall, Planning & Development Department, City of Clearwater
Downtown Neighborhood Association, Inc.
Court Street Plaza, Suite 202, 635 Court Street (727) 330-7895
Clearwater FL 33756-5512
November 9, 2018
Chelsea Favero, AICP
Planning Manager
Forward Pinellas
310 Court Street
Clearwater, FL 33756
Re: Support for Clearwater Complete Streets Fort Harrison Street Concept Planning Grant
Dear Ms. Favero:
The Downtown Neighborhood Association supports the City of Clearwater’s application for a
complete streets concept planning grant for Fort Harrison Avenue in downtown Clearwater.
The Downtown Neighborhood Association’s membership area is contiguous with the Clearwater’s
CRA and exists to offer a voice for the residents who “live, work and play” in Downtown Clearwater. We
are the people who can and are interested in walking and biking to work and to the local businesses in
our city. Some of us have already given up our families’ “second cars” and want to support safer, more
walkable streets, better traffic flow, and more urban-friendly amenities to support our local businesses.
Steps that will slow traffic, reduce noise, and create a more attractive and interesting appearance of
downtown streets will enhance our property values and make life more livable in this urban corridor.
Our organization has been involved in the recent and successful Drew Street Complete Streets
project so we are familiar with the concept. We are actively and continuously involved in the Imagine
Clearwater project that we expect will bring substantial numbers of Clearwater residents from other
neighborhoods to the downtown core. It makes good sense to address a complete streets plan for Fort
Harrison Avenue as we implement Imagine Clearwater over the next few years.
We have met with City staff to review and discuss the proposed grant, and we whole heartily
support the City of Clearwater’s application. Please contact me if you have any questions.
Sincerely,
David Lillesand, President
David@LillesandLaw.com
CompletingFort Harrison AvenueBelleair Road to Pleasant StreetForward Pinellas Complete Street Program 2018
Application for Concept Planning Project GrantPage 1 of 411.0 INTRODUCTIONOVERVIEWThe City of Clearwater (City) is seeking funding assistance through the Forward Pinellas Complete Streets Program to develop a Complete Street Concept Plan for a portion of Fort Harrison Avenue, within the City limits, from Belleair Road to the merge with Myrtle Avenue (Alternate U.S. 19, aka Alt. 19) at approximately Pleasant Street (Project). The primary goals of the Project are to: • Invest in equitable transportation projects as a catalyst for transformative land use change • Invest in historically underserved communities• Encourage economic revitalization and reinvestment along the corridor• Increase accessibility for all users and of all modes of transportation within the corridor• Enhance safety, comfort, and functionality of the corridor for all users, especially pedestrians, bicyclists, and transit riders• Improve multimodal connectivity between two key Activity CentersThe Project has strong support from the surrounding communities that worked with the City to assess and address drivers of economic revitalization and safe, effi cient transportation access along this corridor. This support is demonstrated by public participation in the adoptions of the updated Clearwater Downtown Redevelopment Plan and the Downtown District and Development Standards in 2018, and approval of the North Marina Area Master Plan in 2016, as well as by letters of support from the Clearwater Neighborhoods Coalition, the Downtown Neighborhood Association, and the Harbor Oaks Association. A key component of the Project will be integration with the Morton Plant Hospital Campus expansion, the Downtown Redevelopment Plan and Imagine Clearwater to stimulate a vibrant quality of life in Downtown Clearwater, and the North Marina Area Master Plan that will reinvigorate the Old Bay District residences and businesses. A signifi cant portion of the Project corridor lies in the City’s Downtown Planning Area and the Community Redevelopment Area (CRA). Residents and businesses understand the potential to make Fort Harrison Avenue safer, more livable, and a better street to stimulate economic growth. Complete Streets improvements on Fort Harrison Avenue would work in harmony with a broad spectrum of City and Countywide plans, especially those addressing walking, biking, transit connectivity to Downtown and other Activity Centers through a network of multiuse trails and bicycle facilities, sidewalks and crosswalks, and better integration with transit facilities. The Project will include a community-based planning process to reimagine mobility and accessibility surrounding the Project corridor and continue building on the success of the Complete Drew Street and Citywide Complete Streets programs.The intent of the City of Clearwater Complete Streets application is to promote transportation improvements that serve as a catalyst for transformative changes within and connected to the Project. The estimated cost of the 3.21-mile Project is $100,000. PROJECT CONTACTSenior Transportation Planner Richard Hartman will serve as the point of contact for this application.Richard HartmanSenior Transportation PlannerPlanning & Development Department City of Clearwater Email: Richard.Hartman@myclearwater.comPhone: 727.562.4539 | Facsimile: 727.562.47352.0 PROJECT DESCRIPTIONPROJECT LOCATIONThe proposed Complete Street Concept Plan will address South and North Fort Harrison Avenue, from the southern City boundary at Belleair Road to the road’s merge with Myrtle Avenue (Alt. 19) at approximately Pleasant Street (see Map 1). The total length of the Project is approximately 3.21 miles.
Forward Pinellas Complete Streets Program 2018Page 2 of 41AGENCY JURISDICTIONRoadwayThe entire Project length of Fort Harrison Avenue is under the jurisdiction of the City of Clearwater. Abutting PropertiesApproximately 80 percent of the properties abutting Fort Harrison Avenue within the Project corridor are within the City of Clearwater incorporated area and governed by City land use policy and development regulations. The other approximately 20 percent are mainly the Wildwood Park neighborhood and the Belleair Country Club golf course abutting the west side of South Fort Harrison Avenues which fall under the jurisdiction and land use rules of the City of Belleair, Florida.LAND USE CHARACTERISTICSExisting Land UseThe Project corridor contains a diverse mix of urban land uses ranging in intensity from a mix of low-medium density residential, suburban retail/offi ce, and light industrial to the highest intensities and densities in Downtown (Appendix Maps 2.1 and 2.2). The following describes the land uses in each segment.The predominant land uses in the southern Project section, from Belleair Road to Chestnut Street, are suburban retail/offi ce and light industrial, and retail/offi ce along the corridor surrounded by residential uses on both sides. The other dominant uses adjacent to this section of the Project includes a golf course and the Morton Plant Hospital Campus Activity Center, a large institutional use. The primary land use in the Downtown core from Chestnut Street to Drew Street, that is also part of the Downtown Activity Center, are offi ce/retail and institutional with a variety of intensities. Although generally surrounded by residential land uses, several employment centers, and other major attractors are either adjacent to or located nearby to the Project and rely on the Fort Harrison Avenue corridor for accessibility. Other activity areas include the City Municipal Services Building, the Clearwater Police Department Headquarters, the Church of Scientology campus comprised of several buildings and a hotel, Pinellas Suncoast Transit Authority Park Street Terminal, City Hall, Pinellas County Courthouse, the main City library, and redesigned Coachman Park and downtown waterfront park.The dominant context north of Drew Street to the end of the Project at Pleasant Street is low intensity, single-story retail/offi ce surrounded by and occasionally adjacent to single-family residential uses. Portions of this segment are in the Downtown Activity Center that continues north to Cedar Street. The Project serves as the primary corridor underpinning the City’s North Marina Area Master Plan, developed to spur economic redevelopment supported by smart growth designed buildings and streetscapes.
Application for Concept Planning Project GrantPage 3 of 41Future Land UseThe future land use designations in the areas outside of Downtown, all of which is designated as Central Business District (CBD), generally refl ect the existing land use patterns. Within the CBD, the Downtown Redevelopment Plan envisions intense residential and offi ce development within the Downtown Core (between Chestnut Street and Drew Street), tapering to less intense development northward and southward of the core. In the northernmost blocks (in the Old Bay District), development is limited to residential uses compatible with the remainder of the neighborhood outside of the Downtown Activity Center (Appendix Maps 3.1 and 3.2).3.0 DEMOGRAPHIC CHARACTERISTICSThe Project would benefi t a signifi cant number of traditionally disadvantaged and vulnerable people who rely on the Fort Harrison Avenue for their daily trips. Selected demographic characteristics of the population residing within a half-mile, or ten-minute walk, of the Fort Harrison Avenue Project corridor are provided in Table 1. The table also provides citywide and countywide demographic data for comparison. Analysis of the minority population and the low-income populations addressed in Environmental Justice Executive Order 12898, showed that the 25.5 percent minority population in the Project walkshed was lower than the City average of 19.9 percent. The 23.8 percent of people living below the poverty line in the Project area was higher than the City average of 16.0 percent. The Median Household Income of $24,332 for people in the Project area was slightly more than half of the $44,569 City median income and the $47,090 median for Pinellas County. The Project would also serve an area with a much greater number of households with no vehicle available compared to the City overall (21.72%/11.6%).In Table 2, the demographics of specifi c segments of the Project corridor are provided for further comparison. The south segment from Belleair Road to Chestnut Street had the highest percentage of persons under age 18 (16.6%). The Downtown segment from Chestnut Street to Drew Street had the highest percentage of occupied housing units with no vehicle available (35.4%). This may be a result of the large number of retirees as shown by the 35.1% of the area population 65 years and older. The north segment from Drew Street to Pleasant Street had the highest percentage minority population (36.4%) and the highest percentage of population below poverty level (27.4%).
Forward Pinellas Complete Streets Program 2018Page 4 of 41Description Project Corridor1City of Clearwater Pinellas CountyMinority 25.5% 19.9% 25.8%Under age 18 15.7% 19.0% 16.5%Age 65 and over 21.3% 21.3% 24.2%Median household income $24,332 $44,569 $47,090Population below poverty level 23.8% 16.0% 14.1%Occupied housing units with no vehicle 21.7% 11.6% 8.6%1 Includes the area within 1/4 mile walkshed of the Project corridor (walkshed).Sources: Sociocultural Data Report, ETMD (2018); United States Census Bureau Quick Facts & Amercian Community Survey estimated (2017).Table 1. Demographic Comparison - Project Corridor, City and CountyFort Harrison Avenue from Belleair Road to Pleasant StreetDescription Belleair Rd to Chestnut St Chestnut St to Drew St Drew St to Pleasant St (apex)Minority 18.8% 6.5% 36.4%Under age 18 16.6% 5.1% 16.2%Age 65 and over 23.6% 35.1% 16.6%Median household income $24,332 $30,684 $39,708Population below poverty level 21.1% 18.0% 27.4%Occupied housing units with no vehicle 21.3% 35.4% 18.7%Includes the area within 1/2 mile walkshed of the Project corridor (walkshed).Sources: Sociocultural Data Report, ETMD (2018); United States Census Bureau Quick Facts & Amercian Community Survey estimated (2017).Table 2. Demographic Comparison - Project Corridor Segments
Application for Concept Planning Project GrantPage 5 of 414.0 STREET CHARACTERISTICSFort Harrison Avenue is an automobile-dominated arterial thoroughfare that provides a primary south-north travel corridor to access Downtown and Clearwater Beach, as well as a secondary option to Alt. 19. The Seminole Boat Launch is a popular destination in the north segment. Providing adequate lane widths, intersections, and turning radii for vehicles towing boats, and route management to minimize confl icts with active transportation modes will be addressed as part of the Project. This is one example of how Fort Harrison Avenue serves both local and regional traffi c.Traffi c and Level of ServiceThe 2017 average annual daily traffi c (AADT) at p.m. peak hour and Levels of Service (LOS) in the Project area are:• 14,862 vehicles at Jasmine Way & S. Fort Harrison Ave. and LOS F (ADD INSET MAP from FP 2017)• 9,800 vehicles at Mohawk Street and N. Fort Harrison Ave. and LOS A6019220710055500Cleveland StS Fort Harrison AveS Myrtle AveLakeview RdHighland AveHighland AveLake AveMartin Luther King Jr AveMissouri AveDrew StCourt StChestnut StCourt StDruid RdGulf-to-bay Blvd Belleview BlvdBetty LnPalmetto St4256584874278486500050009800337414862135002800026000365005250052000260002020013100133001690019500170003600042564256425642565848584858485848742774277427742784868486848684865000500050005000500050005000500098009800980098003374337433743374148621486214862148621350013500135001350028000280002800028000260002600026000260003650036500365003650052500525005250052500520005200052000520002600026000260002600020200202002020020200131001310013100131001330013300133001330016900169001690016900195001950019500195001700017000170001700036000360003600036000Clearwater AreaTypical Street Sections & Rights-of-WayFort Harrison Avenue has three street section types within the Project corridor, as described below:• Street Section Type One: Two-Lane Undivided - This typical section type is found in the south segment that runs from Belleair Road to Woodlawn Road, and in the north segment that runs from Fairmont Road to Sunburst Court, one block south of the apex at Pleasant Street. The rights-of-way range from approximately 60 feet to 100 feet. Image 1. Forward Pinellas Annual Average Daily Traffi cImage 2. Typical Ft. Harrison Avenue Street Section
Forward Pinellas Complete Streets Program 2018Page 6 of 41• Street Section Type Two: Two-Lane Divided with Two-Way Center Turn Lane - This typical section type exists in the south segment from Woodlawn Road to Turner Street, in the Downtown segment from Court Street to Cleveland Street, and in the north segment from Drew Street to Fairmont Street. Rights-of-way range from 55 feet to 70 feet.• Street Section Type Three: Two-Lane Undivided with Dedicated Left Turn Lanes: This typical section type exists in the Downtown segment from Turner Street to Court Street and from Cleveland Street to Drew Street. Rights-of-Way range from 55 feet to 70 feet.Starting at the southern end of the Project area and moving northward, the rights-of-way widths for Fort Harrison Avenue are: • 100 ft - Belleair Road to Woodlawn Road• 60 ft – Woodlawn Street to Jeff ords Street• 70 ft – Jeff ords Street to Cleveland Street• 55 ft – Cleveland Street to Fairmont Street• 60 ft – Fairmont Street to Pleasant StreetSidewalks, Bicycle Facilities, and TrailsThe corridor has sidewalks of varying widths on both sides of the street for the entire length of the Project. There are numerous intersections for crossing, but the amount of traffi c and vehicle speeds make pedestrian crossings diffi cult.Although part of the southern segment from Belleair Road to Chestnut Street contain one-sided and two-sided four-foot striped areas out of the main travel lanes, these “lanes” are not identifi ed by lane markings and signs as bicycle lanes and few connecting streets have bicycle lanes. The Pinellas Trail provides some respite, running adjacent to the Project in the southern segment for approximately the fi rst two-thirds of a mile before veering east for one block then paralleling the Fort Harrison Avenue corridor going north for the remainder of the Project. At the northern terminus where Fort Harrison Avenue merges with Myrtle Road (Alt. 19), sidewalks continue on both sides, but the lack of bicycle facilities continues. This lack of safe, effi cient non-motorized travel facilities along a heavily traveled corridor hampers people from using active transportation solutions to travel to their destinations.The City of Clearwater has over 60 miles of multiuse trails. The Project corridor would enhance connectivity between the trails network, Activity Centers, and transit facilities, improving active mobility for recreational and utilitarian riders. The south segment would improve the connection between the Druid Trail and the Pinellas Trail. The Downtown segment would improve access to the Pinellas and Memorial Causeway Trails and Downtown core. The north portion of the Project would enhance connectivity between the Pinellas Trail, the Old Clearwater Bay and North Greenwood neighborhoods, and the waterfront at the Seminole Boat Launch. Image 3. Pinellas Trail Crossing
Application for Concept Planning Project GrantPage 7 of 41Transit ServicePinellas Suncoast Transit Authority (PSTA) plans to build an Intermodal Transit Center in the heart of Downtown and is currently considering two sites, the existing Park Street Transit Center adjacent to Fort Harrison Avenue and the other two blocks from the Project. Current PSTA services out of the current Downtown transit center are Route 52/52LX and Route 66, both routes of which run partially on Fort Harrison Avenue, terminate at the Park Street Terminal in Downtown Clearwater, where connections can be made to other routes as well as to the Jolley Trolley routes for connecting to destinations to the north, or for accessing the beach. The Jolley Trolley routes also both run partially on Fort Harrison Avenue and cross the Project corridor several times Downtown There is no additional transit service proposed within the Project corridor at this time. The Project would improve non-motorized travel between Downtown and neighborhoods and businesses around the Morton Plant Health campus and the North Marina District Area by improving connections for people living and working in all three Project Center areas. Existing transit service within and proximate to the Project corridor is identifi ed on Maps 10.1 and 10.2 in the Appendix.Pinellas Suncoast Transit Authority (PSTA)• Route 52 & 52 LX (AM/PM peak only) – AM/PM Peak: 10-15-minute headways; Non-peak hours: 1-hour headways• Route 66L (Limited Stop) – AM 3 times a day and PM 3 times a day: 90-minute headwaysJolley Trolley• Coastal Route - 1-hour headways• Beach Route – 30-minute headways from 9:45 AM to 1:45 PMClearwater – Clearwater Beach Ferry • Downtown Clearwater Dock (42 Drew Street) - 1-hour headways. The ferry terminal is located less than a ten minute walk from Fort Harrison Avenue.Image 4. Jolley Trolley Service
Forward Pinellas Complete Streets Program 2018Page 8 of 41Street LightingStreet lighting is a primary issue in designing a pedestrian-friendly urbanized corridor and of this Project. Existing street lighting along the south and Downton sections of the Project illuminate the road, not people walking, biking, and crossing at intersections. Existing lighting fi xtures in these two segments are the Standard Pole Cobrahead style at standard intervals.From Drew Street to the end of the Project, lighting is pedestrian-scaled style overhanging the sidewalk, not the road. The Project will allow for an assessment of lighting needs and gaps to improve conditions and the attraction for people walking, biking, and riding transit. 5.0 SAFETY CHARACTERISTICSSafety while traveling using all transportation modes is a major concern for the City. Although Fort Harrison Avenue is not considered a high-speed corridor, over 2,300 vehicle crashes occurred along the Project corridor from 2013 through 2017 (Table 3; Appendix Maps 4.1, 4.2, 4.3). The impact of the Project on the safety of road users is discussed below.Description Total Crashes Injuries FatalitiesAll Crashes 654 87 0Pedestrians 22 11 0Bicyclists 30 16 0Source: Forward Pinellas - Crash Data Management System (CDMS) (period from January 1, 2013 to December 31, 2017)Table 3. Crash Data, 2013-2017 Fort Harrison Avenue fromBelleair Road to Pleasant StreetImage 5. Typical Ft. Harrison Avenue Light Pole
Application for Concept Planning Project GrantPage 9 of 41!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!C S X100X
GULF BLVD49TH ST NBELCHER RDULMERTON RDPARK BLVD N66TH ST NUS 19A4TH ST N38TH AVE N22ND AVE N16TH ST NSEMINOLE BLVDSTARKEY RD54TH AVE N28TH ST N34TH ST SMAIN ST22ND AVE SDREW STSR 58071ST ST NCENTRAL AVE5TH AVE N9TH AVE NTYRONE BLVD NGANDY BLVDMISSOURI AVEHIGHLAND AVEGULF TO BAY BLVD4TH ST SOAKHURST RD54TH AVE S49TH ST SDOUGLAS AVE8TH AVE SW1ST ST NPATRICIA AVES PINELLAS AVE28TH ST STAMPA RDGULF WAYGANDY BLVDMAIN STPARK BLVD NUS HIGHWAY 19 NI-27566TH ST NSR 580EAST LAKE RD GANDY BLVDMCMULLEN BOOTH RDBAYS I D E BRID GE
SUNSHINE SKYWAY
118TH AVE NLegendActivity Centers!Special Centers!Major Centers!Community Centers!Neighborhood Centers!!Transit Station CentersMultimodal CorridorsSpecial CorridorsPrimary CorridorsSecondary CorridorsSupporting CorridorsRegional CorridorsTransit-OrientedLand UseVision Map³Date: June 29, 2016Figure 1. Transit-Oriented Land Use Vision Map; Forward Pinellas6.0 PLANS & SPECIAL DESIGNATIONSForward Pinellas Countywide PlanThe Transit-Oriented Land Use Vision Map located within the Countywide Plan for Pinellas County (Countywide Plan) Strategies identifi es those areas of the County most able to accommodate higher densities and intensities in coordination with transit service and other multimodal transportation, including Activity Centers and Multimodal Corridors. On this map, the Project corridor between Belleair Road and Drew Street is shown as a Multimodal Corridor – Primary Corridor, which means it is eligible to be designated consistently on the Countywide Plan Map should the City study and plan for this corridor and request such a change. North of Drew Street, Fort Harrison Avenue is identifi ed as a Multimodal Corridor – Supporting Corridor, which recognizes the transit service that runs from cities north of Clearwater (i.e., Tarpon Springs and Dunedin) to Downtown Clearwater. Downtown Clearwater is identifi ed on this map as an Activity Center - Special Center, which recognizes that the City has an adopted Special Area Plan (the Clearwater Downtown Redevelopment Plan) for this important activity center. Because it is governed by a local plan, it is also designated as a Special Center on the Countywide Plan Map. This Activity Center designation encompasses all of Downtown, including the Core and Old Bay Character Districts (which includes the “North Marina Area” and Seminole Boat Launch). Fort Harrison Avenue is connected to several east-west multimodal corridors, including Gulf to Bay Boulevard/S.R. 60 (depicted as a Primary Corridor on the Vision Map), connecting Downtown to the U.S. 19 Major Center (designated on the Countywide Plan Map), Tampa International Airport, the City of Tampa, and Clearwater Beach to the west (designated as Special Center on the Countywide Plan Map). Additionally, Drew Street (depicted as a Supporting Corridor on the Vision Map) also provides an east-west connection to the Project and Downtown core.
Forward Pinellas Complete Streets Program 2018Page 10 of 41Clearwater Comprehensive PlanThe Citywide Design Structure in the Clearwater Comprehensive Plan establishes a hierarchy of places and linkages to guide redevelopment in the City. Map A-14 in the Comprehensive Plan shows where these key centers and corridors are, as well as other destination points, larger shopping areas, and landmarks. All three segments of the Project contain an Activity Center. The Morton Plant Hospital Campus (South segment) and Downtown (Downtown and North segments) are both Major Activity Centers, because they are “... high intensity, high-density multi-use areas designated as appropriate for intensive growth and an integrated pattern of development. Activity centers are composed of multiple destination points, landmarks character features. Activity Centers are served by enhanced transit commensurate with the type, scale and intensity of use.”The southern portion of the corridor between Belleair Road and Druid Road and the northern portion between Eldridge Street and the intersection with Myrtle Avenue/Alt. 19 are both identifi ed as “corridors to redevelop”, which means the City has determined these portions of the corridor need a character change or restoration to a better condition. All of Fort Harrison Avenue is identifi ed as a scenic corridor because it has particular signifi cance, in terms of tourism, economic development or community character, and therefore should have enhanced and diff erentiated landscaping, as required through the City’s Community Development Code.Generally, the City’s Comprehensive Plan includes a variety of goals, objectives and policies that support mobility and context-sensitive designs for arterials and collectors within the City. In 2016, the City revised and incorporated additional policies reinforcing its commitment to a safe roadway system for all users. This grant would be used to support public and private investments along Fort Harrison in support of these objectives in the Comprehensive Plan. Plans for DowntownThe City has long planned for its Downtown, but in the last several years has completed small area plans to conceptualize its waterfront park and boat ramp areas within Downtown more specifi cally. Clearwater Downtown Redevelopment Plan The Clearwater Downtown Redevelopment Plan is the City’s long-term vision for the Downtown (556 acres, 449 of which are in the Community Redevelopment Area (CRA)). This year the City prepared a signifi cant update to the Downtown Plan, re-confi rming the City’s Vision and updating the Plan to incorporate the additional small area plans. The Fort Harrison Avenue Project spans Downtown from south to north, connecting the South Gateway, Downtown Core and Old Bay Character Districts. While the Character Districts within Downtown range in the desired mix and intensity of land uses, all aspire to support multimodal travel through infrastructure, urban design (new Goal added to address) and streetscape improvements. Emphasis is placed on pedestrian accessibility and comfort. The City also adopted new Downtown District & Development Standards in the Community Development Code to ensure new development meets these policies. Chapter 4. Plan Implementation identifi es funding for an update to the Streetscape Plan, and this grant would allow for the City to establish a foundation of concepts designed to improve access into the City for all users on a key corridor that serves as both the North and South Gateway. The city believes it is imperative to improve mobility options and services as part of the overall plan to remake Downtown into a model for work, live, and play in the urban core. Imagine Clearwater Downtown Waterfront VisionMost of the Downtown portion of the Project is located within the Imagine Clearwater planning area. The Imagine Clearwater Downtown Waterfront Master Plan will guide a major transformation of Downtown Clearwater which will include more walkable space to support Coachman Park, where major events are hosted throughout the year, as well as stores and offi ces in the Cleveland Street District. A guiding principle of the plan states, “Safe, convenient, reliable, and multi-modal links will be provided between the waterfront and the rest of Clearwater.”
Application for Concept Planning Project GrantPage 11 of 41North Marina Area Master PlanThe North Marina Area Master Plan was commissioned by the City of Clearwater in response to objectives identifi ed by an Urban Land Institute (ULI) Advisory Services Panel regarding the continued growth and development of Downtown Clearwater. The ULI Panel found that the largest concentration of opportunities with the greatest transformative catalytic potential were located in the area designated as the Downtown Core, extending to the Old Bay District and North Marina area. The 55-acre study area included portions of the Old Clearwater Bay Neighborhood, the Pinellas County School Board’s former North Ward School, the Francis Wilson Playhouse, the Seminole Boat Launch, the Clearwater Basin Marina and other privately-owned properties. It encompasses a portion of the Old Bay Character District of the City’s Downtown Redevelopment Plan. The North Marina Area includes underutilized and vacant properties that are in need of redevelopment. Within one-mile of the area’s center, 46 percent of housing units are renter occupied. Area demographics identify a lower than national average income, and higher unemployment and poverty rates. Further discussion of the relationship of the Project to the North Marina Area Master Plan can be found in the Impacts and Benefi ts section below.Image 6. Imagine Clearwater Rendering Image 7. North Marina Area Master Plan Rendering
Forward Pinellas Complete Streets Program 2018Page 12 of 417.0 PROJECT AREA CHARACTERISTICS South Segment: Belleair Road to Chestnut StreetThe Morton Plant Hospital Campus Activity CenterAlong the south segment of the Project, the plan envisions a southern gateway to the city, which would include developing livable communities by improving sidewalks, trails, bicycle facilities, and transit access from surrounding neighborhoods. These types of developments would coincide with city plans promoting the economic development around the Morton Plant Hospital Campus Activity Center and revitalizing the corridor area that is an environmental justice focus area and home to many of our most vulnerable residents. City support for this area is demonstrated in the Future Land Use Element of the Comprehensive Plan. Policy A.5.4.7, which states that for South Fort Harrison Avenue from A Street to E Street, amendments to the Future Land Use Plan and Zoning Atlas may be considered to promote aff ordable housing, mixed-use development, and to support the emerging character of the area and Morton Plant Hospital.Healthcare is Clearwater’s largest source of employment and the fi eld is expected to substantially grow over the next decade or more. These services are of critical importance to the city’s aging population. As one of the primary focus areas for healthcare in Clearwater, the Morton Plant Hospital Campus and the nearby medical and healthcare businesses, which rely on the Project corridor as the primary means of access for patients and workers, would benefi t greatly from this Project (cite: City of Clearwater, Florida, Economic Development Strategic Plan, August 2011). The impact of the Project on the Morton Plant Hospital Master Plan will be discussed below in the section titled Impacts and Benefi ts.Downtown Segment: Chestnut Street to Drew StreetDowntown Activity Center – Downtown Core The City of Clearwater’s Downtown is the center of city government and services, Pinellas County government functions, the Pasco-Pinellas court district, and the international headquarters of the Church of Scientology. Thousands of employees travel to and from Downtown every work day and thousands more arrive for special events or pass through on their way to Clearwater Beach. Fort Harrison Avenue is one of the major seams that hold the Downtown grid together and as such must also be transformed to accomplish the city’s vision shown by the Downtown Redevelopment Plan and Imagine Clearwater. These plans demonstrate the city’s commitment of fi nancial and human resources to making Downtown’s transformation successful. Image 8. PSTA Bus Service at Morton Plant Hospital
Application for Concept Planning Project GrantPage 13 of 41North Segment: Drew Street to Pleasant StreetDowntown Activity Center – Old Bay NeighborhoodAs previously stated, the north segment consists of primarily small scale commercial buildings surrounded by single-family residential in some of the city’s more historic neighborhoods. Primary destinations include the Seminole Boat Launch and the adjacent, privately-owned Clearwater Bay Marina, as well as the Francis Wilson Playhouse. The City is committed to improving mobility options for the people who live in this community. The North Greenwood neighborhood, designated as a Neighborhood Revitalization Strategy Area, is just east of this area. City plans including the North Marina Area Master Plan address the importance of creating linkages between these two areas. North of DowntownThe same pattern of lower scale development found in Old Bay continues northward until the end of the Project corridor. There are areas of single-family residential, and nodes of commercial uses in this area. The City has not completed any special plans for this area. Using Short-term Projects for Long-term Change The North Marina Area is a vibrant waterfront community on Clearwater Harbor. It is home to the Francis Wilson Playhouse, Seminole Boat Ramp, Clearwater Bay Marina, and the former North Ward School. The North Marina Area offers residents beautiful views and a unique historic character with a variety of uses that attract residents, visitors, and the boating community. Although the core of Downtown is only a half mile away, the area feels isolated and disconnected, and is in need of reinvestment. In 2016, the city completed the North Marina Area Master Plan, which recommended the city invest in a variety of streetscape improvements to support and encourage private investment in the community. After a year-long planning process, the city wanted to begin with a short-term, low risk project. The goal of the Pop-Up North Marina project was to test recommendations such as a reduction in the number of lanes and the addition of a sidewalk extension on Fort Harrison Avenue to see if they had any traffic calming effects. The project was also a learning opportunity to understand the project development process and to promote tactical urbanism projects here in Clearwater. Project Description Pop-Up North Marina: A Community Streets Experiment and Festival was a pilot project evaluating several of the North Marina Area Master Plan recommendations. The tested improvements included wayfinding signage, bike lanes, and wider sidewalks to calm traffic. The project was implemented on four street segments in the North Marina Area. These segments are: xNicholson Street: Shared lane markings (“sharrows”) between Osceola Avenue and the Pinellas Trail were added. xEldridge Street: “Sharrows” between Myrtle Avenue and the Pinellas Trail were added. xOsceola Avenue: A two-way protected bike lane and a one-way vehicle travel lane were made between Seminole Street and Nicholson Street. xFort Harrison Avenue: The roadway was restriped for lane reduction (from four lanes divided to two lanes divided) between Nicholson Street and Georgia Street to incorporate a blue painted sidewalk extension separated from travel lanes with planters and flex posts; a new crosswalk painted at Eldridge Street with a sea turtle crosswalk design; and several benches with planters installed to provide places to sit. A series of community engagement activities were designed to encourage people to work together in new ways and spark conversations about new improvements in the area. Residents, community members, and city staff who were involved in the North Marina Area planning process also attended the community meeting and other events for Pop-Up North Marina. POP-UP NORTH MARINA: A COMMUNITY STREETS EXPERIMENT AND FESTIVALType: Pilot ProjectStatus: Complete Figure 2. Pop-Up North Marina Information
Forward Pinellas Complete Streets Program 2018Page 14 of 41A key objective of this Project is the increased safety of all people that use Fort Harrison Avenue, especially the most vulnerable people such as children, elderly, and people with disabilities, and increasing the number of people who feel comfortable enough to walk, bike, and ride transit for everyday needs. The City and community aspire to increase safety for all users of Fort Harrison Avenue, especially for vulnerable users such as the children and people without access to a car that frequently use Drew Street.A complete sidewalk network, wider sidewalks (in some locations), and better separation of the pedestrian realm from vehicular travel lanes would improve pedestrian safety and comfort. Other potential safety enhancements could include ADA ramps, high -visibility crosswalks, pedestrian countdown timers, leading pedestrian intervals, pedestrian scaled lighting with LEDs, and reduced confl icts at driveways. Enhanced sidewalks and crossings would make safer walking environments for numerous children who travel the corridor on school days, especially at times early or late in the day when lack of natural light hampers visibility. The potential for lane reductions, curb extensions, and possibly roundabouts in suitable locations would create shorter crossing distances to accommodate non-motorized travel. Vehicle-to-vehicle confl ict points in a roundabout confi guration reduces the potential for severe injuries and fatalities as compared to conventional inter- sections.Better integration of transportation facilities for all modes of travel as a result of Complete Street improvements would improve overall mobility within the Project corridor. Complete pedestrian and bicycle facilities and safer, more convenient means of crossing Fort Harrison Avenue would make the street more appealing for non- motorized travel. Enhanced trail connectivity between the Project corridor, the Pinellas Trail, the Memorial Causeway Trail, and the Druid Street Trail would serve the numerous bicycle commuters and recreational users who use these trails. The location of bus stops, design of bus shelters, and traffi c signal timing could enhance access to and the effi ciency of transit. Improved operational performance of intersections could help off set any Project-related eff ects on traffi c fl ows. Buff ered or protected bicycle lanes and improved trail connections would take bikes off sidewalks. Additional bicycle parking opportunities recently adopted as part of the Downtown Redevelopment Code and called for in the North Marina Area Master Plan would encourage biking to local destinations.Accessibility means the ability for people to get to where they want to go safely, and effi ciently. The Project will substantially enhance the ability to arrive at a destination by a variety of modes. The improved walkability and connectivity eases the fi rst mile, last mile travel challenge. There are a wide 8.0 PROJECT IMPACTS & BENEFITSFort Harrison Avenue provides abundant opportunities for the Project to work with current and future city investments to support multimodal mobility improvements to be a catalyst for transformative change in each of the three Project segments. Complete Streets improvements on Fort Harrison Avenue are integral to and would complement the city’s planned redevelopment eff orts as envisioned for Downtown by Imagine Clearwater and provided for in the Clearwater Downtown Redevelopment Plan and North Marina Master Plan. Already, the Project corridor is undergoing renewal, seeing private investment in development of properties in each Project segment, as described below. Local planning requirements have been eff ective in generating greater pedestrian orientation of new development activity, which translates to better transit accessibility.The density, income, and demographic composition of people who live and work near the Project provide the ingredients necessary to ensure that people most in need of safe multimodal options benefi t. Improving the mobility and accessibility for utilitarian users also benefi ts all users. Recent land use code revisions that support more compact mixed-use development with reduced or removed minimum parking requirements, and improved local connectivity provide the changes necessary to make Fort Harrison Avenue the backbone of this transformative change, as described in the following descriptions of previous and future city investment in the Project areas.An expected outcome of Complete Streets improvements along Fort Harrison Avenue is to reduce the number of crashes and related injuries and to prevent fatalities. The cost of crashes is a signifi cant drain of public resources. Between 2013 and 2017, there were 654 crashes of all modes along the Project corridor. Fortunately, the number of pedestrian and bicyclist crashes, injuries, and fatalities along the Project corridor are relatively small, compared to other major corridors in the city, although even one is one too many. FDOT estimates that each pedestrian fatality in a crash costs approximately $10,000,000. Of the 22 pedestrian crashes between 2013 and 2017, 11 resulted in injuries, and there were zero fatalities. Bicyclists were involved in 30 crashes during the same period, resulting in 16 being injured and zero fatalities.
Application for Concept Planning Project GrantPage 15 of 41variety of daily destinations for living, working, shopping, exercise, socializing and healthcare within a 10-minute walk of Fort Harrison Avenue. Accessibility to these and many other destinations in a single journey would greatly improve through this Project. • Schools: Belleair Elementary School, Osceola Middle School, and Clearwater International Academy, • Senior residential facilities and gathering places: Pacifi ca Senior Living Belleair, Prospect Towers • Health Facilities: Morton Plant Hospital and campus, Bayside Urgent Care Center, dozens of doctors and dentist offi ces, Publix pharmacy• Entertainment: Capitol Theatre, Francis Wilson Playhouse• Parks: Ed Wright Park, Coachman Park • Recreation and Centers: Ross Norton Recreational Center and Aquatic Complex, Downtown Marina, Seminole Boat Launch and Marina, North Greenwood Recreational Center• Libraries: Clearwater Main Library, North Greenwood Library • Fresh food stores: Publix Grocery Market• Daily errands: Harbor Oaks Shopping CenterSouth Segment: Belleair Road to Chestnut Street The southern segment contains the advantage of stable older neighborhoods surrounding one of the largest contiguous areas of Limited Industrial land use districts in the city. According to a study of the corridor, neighborhoods near industrial development considered it a benefi t for employment and occasional services because the implementation of buff ers and landscaping minimized confl icts between this mix of uses (cite: The Center for Community Design + Research, South Fort Harrison Study Report, July 1996). While the same study cited traffi c congestion, especially severe during afternoon peak periods, as a key disadvantage to redevelopment of the area, it identifi ed a solution directly related to this application: “However, if less automobile dependent options are pursued, such as improvements and extension of the local sidewalk system and the completion of the Pinellas Trail, it is likely that traffi c conditions will not signifi cantly worsen.” The Project grant would support the improving the walkability and connectivity of the sidewalk system in the area, and options for reducing the disruptions of driveways. The Pinellas Trail provides active transportation access to numerous healthcare destinations, in addition to other locations and for recreational uses. A goal of the city is to increase multiuse trail connections to the Pinellas Trail and destinations along this segment of the Project. In December 2018, the city completed the Druid Trail providing a multiuse path linking neighborhoods and providing active transportation access from U.S. 19 to Fort Harrison Avenue and to the Pinellas Trail less than one mile north of Morton Plant Hospital. The Parks and Recreation Trails Master Plan provides for a trail along Lakeview Road connecting Martin Luther King, Jr., Wright Park, and the Lake Belleview neighborhood to the Project corridor and to the Pinellas Trail. Private Investment: Morton Plant Hospital Master PlanThe Morton Plant hospital campus is 66.38 acres in size and generally bound by the Pinellas Trail and the Seaboard Coastal Railroad (east), Jeff ords Street (north), South Druid Road (west) and Corbett Street (south). The city approved a Master Plan for the hospital in 2014, which outlined a programmed series of development; however, each component of the Plan must be approved as part of a development application. In 2015, the city approved an expansion to the main hospital tower with a height of 110 feet. The expansion provided for 621 beds in the hospital tower.Downtown Segment: Chestnut Street to Drew StreetDowntown is characterized by a mix of uses with varying intensities and densities. Form and function also vary depending on the specifi c location within the Downtown. The traditional business core is the most intensely developed area with a mix of historic buildings and new construction. Downtown enjoys a unique location on the Bluff overlooking Clearwater Harbor and the signifi cant public destination of Coachman Park along that waterfront. Notable destinations within the 10-minute walkshed of this segment are the Pinellas Trail, Clearwater Harbor Marina with fi shing pier and Clearwater Ferry, Clearwater Main Library, and Coachman Park, which is the center point of the Imagine Clearwater plan.
Forward Pinellas Complete Streets Program 2018Page 16 of 41North Segment – Drew Street to Pleasant Street The north segment’s proximity to Downtown, waterfront access, connection to major vehicular transportation corridors, Pinellas Trail, and other physical assets provides for an incredible opportunity for improved public open space and private redevelopment. Fort Harrison Avenue runs north-south through the Old Bay District (part of Downtown) and residential neighborhood (outside the Downtown Planning Area). Making the district more successful will require both public and private investment in the area’s assets and commitment to remedy under-performing uses. Enhancement and investment in publicly-owned properties and public realm areas such as the Seminole Boat Launch are needed to create an identity, remedy negative conditions and set the stage for private redevelopment to occur. The City’s Seminole Boat Launch and parking facility is a unique city-wide asset and one of the most used locations within the area. The City has designated funding for enhancements to improve vehicular circulation, provide staging for boat launching, and to establish a more direct and safer pedestrian connection to the waterfront and site amenities. Once constructed, the site will have an elevated restroom building, an observation tower, 109 trailer parking spaces and 127 standard and handicap off -street parking spaces, eleven boat slips on two fl oating docks, retention of the existing Frances Wilson Playhouse with no changes, and substantial landscape improvements.From an economic development perspective, existing offi ce space does not meet the needs of local businesses. Many property owners have failed to make improvements that information technology, fi nancial and professional services, and other targeted industries require. To prevent existing businesses from leaving the City, higher intensity employment opportunities must be possible on new and existing sites. Additionally, to create a vibrant Downtown neighborhood, dense residential development is needed to create an “18-hour” neighborhood, supporting nightlife, entertainment and restaurants and other late-night businesses. Throughout Downtown a variety of housing types, at varying scales and prices, is needed to attract all income groups and to contribute to the customer base for neighborhood commercial establishments. The City of Clearwater believes that the Complete Streets grant will fi t well with other city initiatives, redevelopment, and the following strategies to improve the attributes that create the quality of life needed to attract businesses, residents, and visitors to Downtown. Private Investment: Downtown Redevelopment OpportunitiesThe original and expanded CRA district is projected to increase in value substantially over the next 20 to 30 years. This is driven primarily by the accelerating demand for new urban housing within the Downtown, and the strategic economic development goals and objectives of the City Commission. This redevelopment strategy details investment opportunities available on several key redevelopment parcels and a large array of prime infi ll parcels including: • Arnold/Brown Parcel at Drew Street/Fort Harrison and Osceola Avenues - An announced redevelopment site containing 70,131 square feet or 1.61 acres. According to published reports, the developer envisions a high-rise condominium, a boutique hotel and ground fl oor retail uses. Potential for development on this site is over 280,000 square feet, 112 units, or 152 hotel rooms. • AmSouth Block between Osceola Avenue, Fort Harrison Avenue, Cleveland Street and Drew Street or “Superblock” Parcel - Contains one large parcel, along with a few smaller properties. In total, the greater parcel could ultimately contain approximately 178,000 square feet or 4.1 acres. Development potential at this site could be over 712,000 square feet or 287 units.
Application for Concept Planning Project GrantPage 17 of 41The Pinellas Trail runs through the area and connects to Dunedin and Downtown Clearwater. The trail has been a major economic redevelopment asset in many portions of the County, but the segment in this area is seen as uninviting due to safety concerns and unsightliness. While special street lights were installed on Fort Harrison Avenue in this area, this area’s main street needs attention. Investing in public realm improvements and making better connections to the waterfront for residents and visitors will help to reestablish the area as a true destination in the City. Image 9. Seminole Boat Launch RenderingImage 10. Pinellas Trail Signage
Forward Pinellas Complete Streets Program 2018Page 18 of 41Letters of support have been received from the following organizations (See Appendix, Evidence of Community Support): • Downtown Neighborhood Association• Clearwater Neighborhoods Coalition• Harbor Oaks AssociationAdditionally, a resolution of support from the City of Clearwater City Council is provided with this application. Private Investment: The North Marina Area The North Marina Area Master Plan (2016) created an energy for the area to be a mixed-use neighborhood supporting the Downtown employment base with residential, neighborhood commercial, offi ce and community uses. The City has reviewed and/or approved development plans for several sites within the area that, once constructed, will really start the transformation of this area. 880 N. Osceola AvenueOn over 5 acres of upland and submerged lands, this development is located at the west end of Nicholson Street at Osceola Avenue. The property is currently developed with a 66-slip marina with primary access from Osceola Avenue leading to a 50-space parking lot. The approved development proposal retains the existing boat slips and proposes to construct 95 attached dwellings on the upland portion of the property. The attached dwellings would be divided amongst two towers, as well as eight townhomes situated along the edge of the marina on the southern end of the property. The towers are proposed at a height of 80 feet, while the townhomes will have a height of 25.08. The proposal includes 198 off -street parking spaces with 155 located within a gated ground level parking garage, 27 above the parking garage, and 16 within the individual townhome garages.The Residences @ Oceano – 708 N. Osceola AvenueThis development is located on slightly less than one acre on the west side of Osceola Avenue approximately 115 feet south of Seminole Street. The development proposal would demolish all existing improvements to provide for the construction of a 52-unit attached dwelling development with a minimum of 52 off -street parking spaces. The proposal also includes a request for an allocation of 21 dwelling units from the Public Amenities Incentive Pool.9.0 COMMUNITY SUPPORT The transformation of the Fort Harrison Avenue from a corridor designed to move vehicles through the city as quickly as possible to an urban-oriented complete street balancing the needs of all users has strong community support. The city chose this project to link neighborhoods with each other, with the three primary Activity Centers the road serves, and the adjacent Pinellas Trail as well as the future Downtown Intermodal Transit Center. Safe access using a variety of mobility options on an aesthetically pleasing Fort Harrison Avenue requires needs analysis of and support from neighborhood organizations and local businesses.
Application for Concept Planning Project GrantPage 19 of 4110.0 COSTS & TIMELINEProject CostThe estimated total cost of the Project is $100,000. Fifty percent of the total cost, or $50,000, is requested as a Program grant. The remaining 50 percent will be satisfi ed through City matching funds (i.e., $25,000 plus in-kind services valued at $25,000). An outline of the scope of services and associated cost estimate is shown in Figure 3. Grant RequestThe city’s request for Project funding from Forward Pinellas is $50,000.City Matching FundsCity matching funds valued at $50,000 shall be allocated as follows:• $25,000 – monetary funds• $25,000 – in-kind servicesThe value of in-kind services by task is identifi ed below:• Task 1: $2,000• Task 2: $4,000• Task 3: $7,000• Task 4: $3,000• Task 5: $9,000Project TimelineThe anticipated timeframe to complete the concept planning process, prepare design concepts, and document outcomes is 11 months (see Figure 4). Column intentionally left blank
Forward Pinellas Complete Streets Program 2018Page 20 of 41Scope of Services Outline & Cost EstimateFort Harrison Avenue Complete Street Concept PlanTask 1: Project Kickoff (Team)Develop project management planGather existing dataCollect additional data (as needed)*Conduct walking tourPrepare community participation plan*$10,000Task 2: DiscoveryAnalyze and map dataReview conditions in the fi eldInterview key stakeholders*Host community kickoff event and walking auditsField community survey$26,000Task 3: Preliminary Design Concepts & Evaluation CriteriaPrepare preliminary design concepts and evaluation criteriaHost community meeting (review draft concepts and criteria and provide feedback)*Synthesize community inputPresent preliminary design ideas$32,000Task 4: Updated Design Concepts & Decision MakingUpdate design conceptsHost community open house (present updated concepts and obtain feedback)*Develop implementation plan and plan document$20,000Task 5: Outreach & CoordinationCreate Project branding*Develop and distribute Project communications*Coordinate agency review*$12,000Grand Total $100,000* Led and substantially performed by City staff Figure 3. Scope of Services & Cost Estimate
Application for Concept Planning Project GrantPage 21 of 41Grant Award SelectionKickoff/DiscoveryOutreachDesign ConceptsImplementation PlanPlan DocumentSpring2019Summer2019Fall2019Winter2019Spring2020Summer2020Figure 4. Project Schedule
Forward Pinellas Complete Streets Program 2018Page 22 of 41APPENDIXEVIDENCE OF COMMUNITY SUPPORT
Application for Concept Planning Project GrantPage 23 of 41 November 7, 2018 Chelsea Favero, AICP Forward Pinellas 310 Court Street Clearwater, FL 33756 RE: Forward Pinellas Complete Streets Grand Application – Drew Street Corridor Dear Ms. Favero, The Harbor Oaks Association fully supports the community effort to upgrade Drew Street to a ‘complete street’, so that it is more accessible and safer for pedestrians, bike riders, athletes and motor vehicles. The Harbor Oaks neighborhood adjoins Fort Harrison Road immediately south of Turner Street and west to the intercoastal waterway. We recognize that an increase in the safety of these streets would enable residents and visitors to better enjoy the City’s natural coastal beauty and the neighborhood’s Magnolia Street Dock. More accessible and safer access routes would promote improved integration of the residential community and provide better support of the local businesses that serve and immediately adjoin our neighborhood. Further, an extension of this corridor south along Fort Harrison Road to Belleair would lend strength to the revitalization efforts by the City for the downtown area. We ask that the City of Clearwater be awarded the Forward Pinellas Complete Streets grant. Sincerely, Gregg Gallagher, President Harbor Oaks Association Board cc: Mayor George Cretekos, City Council, City of Clearwater William Horne, City Manager, City of Clearwater Ellen Crandall, Planning & Development Department, City of Clearwater Column intentionally left blank
Forward Pinellas Complete Streets Program 2018Page 24 of 41 Downtown Neighborhood Association, Inc. Court Street Plaza, Suite 202, 635 Court Street (727) 330-7895 Clearwater FL 33756-5512 November 9, 2018 Chelsea Favero, AICP Planning Manager Forward Pinellas 310 Court Street Clearwater, FL 33756 Re: Support for Clearwater Complete Streets Fort Harrison Street Concept Planning Grant Dear Ms. Favero: The Downtown Neighborhood Association supports the City of Clearwater’s application for a complete streets concept planning grant for Fort Harrison Avenue in downtown Clearwater. The Downtown Neighborhood Association’s membership area is contiguous with the Clearwater’s CRA and exists to offer a voice for the residents who “live, work and play” in Downtown Clearwater. We are the people who can and are interested in walking and biking to work and to the local businesses in our city. Some of us have already given up our families’ “second cars” and want to support safer, more walkable streets, better traffic flow, and more urban-friendly amenities to support our local businesses. Steps that will slow traffic, reduce noise, and create a more attractive and interesting appearance of downtown streets will enhance our property values and make life more livable in this urban corridor. Our organization has been involved in the recent and successful Drew Street Complete Streets project so we are familiar with the concept. We are actively and continuously involved in the Imagine Clearwater project that we expect will bring substantial numbers of Clearwater residents from other neighborhoods to the downtown core. It makes good sense to address a complete streets plan for Fort Harrison Avenue as we implement Imagine Clearwater over the next few years. We have met with City staff to review and discuss the proposed grant, and we whole heartily support the City of Clearwater’s application. Please contact me if you have any questions. Sincerely, David Lillesand, President David@LillesandLaw.com
Application for Concept Planning Project GrantPage 25 of 41M APSFt Harrison AveBelleair RdCourt StPleasant StMap 1. Project Location¹1 inch = 1,350 feetOutside Service AreaOutside Study AreaStudy AreaFort Harrison Avenue AreasMorton PlantDowntownNorth Marina
Forward Pinellas Complete Streets Program 2018Page 26 of 41Druid RdFt Harrison AveJeffords StChestnut StBelleair RdLakeview RdMyrtle AveCourt StMap 2.1. Existing Land Use, South of Court St¹1 inch = 675 feetOutside Study AreaStudy AreaExisting Land UseSingle FamilyMulti FamilyRetail SalesOfficeGovernmentalInstitutionalOvernight AccommodationsVehicle ServicesIndustrialRecreationRailroad / Right of WaySubmerged LandsUtility/InfrastructureParkingVacant
Application for Concept Planning Project GrantPage 27 of 41Myrtle AveDrew StFt Harrison AveSeminole StCourt StCleveland StPleasant StMap 2.2. Existing Land Use, North of Court St¹1 inch = 675 feetOutside Study AreaStudy AreaExisting Land UseSingle FamilyMulti FamilyRetail SalesOfficeGovernmentalInstitutionalOvernight AccommodationsVehicle ServicesIndustrialRecreationRailroad / Right of WaySubmerged LandsUtility/InfrastructureParkingVacant
Forward Pinellas Complete Streets Program 2018Page 28 of 41Druid RdFt Harrison AveJeffords StChestnut StBelleair RdLakeview RdMyrtle AveCourt StMap 3.1. Future Land Use, South of Court St¹1 inch = 675 feetFuture Land UseCBDCGIILPR/OGR/OLR/OSRFHRHRLMRMRUT/UOutside Service AreaOutside Study AreaStudy Area
Application for Concept Planning Project GrantPage 29 of 41Myrtle AveDrew StFt Harrison AveSeminole StCourt StCleveland StPleasant StMap 3.2. Future Land Use, North of Court St¹1 inch = 675 feetFuture Land UseCBDCGIILPR/OGR/OLR/OSRFHRHRLMRMRUT/UOutside Service AreaOutside Study AreaStudy Area
Forward Pinellas Complete Streets Program 2018Page 30 of 41Ft Harrison AveBelleair RdCourt StPleasant StMap 4. Median Household Income¹1 inch = 1,350 feetMedian Household Income by Census Block Group ($)No Data16,20219,30621,66722,10222,82422,89223,54925,11435,05738,47740,93841,87551,91752,60463,85970,62576,103Outside Study AreaStudy AreaFort Harrison AvenueStudy Area MedianHousehold Income ($)37,948
Application for Concept Planning Project GrantPage 31 of 41Ft Harrison AveBelleair RdCourt StPleasant StMap 5. Minority Population Percentage¹1 inch = 1,350 feetMinority Population Percentage by Census Block Group (%)No data2.23.03.24.67.115.218.730.343.043.744.145.047.348.070.279.488.094.3Outside Study AreaStudy AreaFort Harrison AvenueStudy Area MinorityPopulation Percentage (%)42.0
Forward Pinellas Complete Streets Program 2018Page 32 of 41Ft Harrison AveBelleair RdCourt StPleasant StMap 6. Population Under 18¹1 inch = 1,350 feetStudy Area Population Under 183,734Population Under 18 by Census Block Group (%)No data0.00.591.261.641.712.142.762.973.753.944.634.714.795.125.497.8510.0411.2825.34Outside Study AreaStudy AreaFort Harrison Avenue
Application for Concept Planning Project GrantPage 33 of 41Ft Harrison AveBelleair RdCourt StPleasant StMap 7. Population Over 65¹1 inch = 1,350 feetPopulation Over 65 by Census Block Group (%)No data00.551.332.442.712.813.063.143.524.124.344.925.155.808.3610.3910.5011.6215.24Study Area Population Over 653,983Outside Study AreaStudy AreaFort Harrison Avenue
Forward Pinellas Complete Streets Program 2018Page 34 of 41Ft Harrison AveBelleair RdCourt StPleasant StMap 8. Population with Disabilities¹1 inch = 1,350 feetOutside Study AreaStudy AreaFort Harrison AvenuePopulation with Disabilities by Census Tract (%)No data4.589.0210.9811.0118.3335.11Study Area Population with Disabilities3,825
Application for Concept Planning Project GrantPage 35 of 41Page intentionally left blank
Forward Pinellas Complete Streets Program 2018Page 36 of 41Druid RdFt Harrison AveJeffords StChestnut StBelleair RdLakeview RdMyrtle AveCourt StMap 9.1. Trails, South of Court Street¹1 inch = 675 feetTrailsPark TrailTrailOutside Service AreaOutside Study AreaStudy Area
Application for Concept Planning Project GrantPage 37 of 41Myrtle AveDrew StFt Harrison AveSeminole StCourt StCleveland StPleasant StMap 9.2. Trails, North of Court Street¹1 inch = 675 feetTrailsPark TrailTrailOutside Service AreaOutside Study AreaStudy Area
Forward Pinellas Complete Streets Program 2018Page 38 of 41Druid RdFt Harrison AveJeffords StChestnut StBelleair RdLakeview RdMyrtle AveCourt StMap 10.1. PSTA Routes & Stops, South of Court Street¹1 inch = 675 feetPSTA Routes & StopsPSTA StopsPSTA RoutesOutside Service AreaOutside Study AreaStudy Area
Application for Concept Planning Project GrantPage 39 of 41Myrtle AveDrew StFt Harrison AveSeminole StCourt StCleveland StPleasant StMap 10.2. PSTA Routes & Stops, North of Court Street¹1 inch = 675 feetPSTA Routes & StopsPSTA StopsPSTA RoutesOutside Service AreaOutside Study AreaStudy Area
Forward Pinellas Complete Streets Program 2018Page 40 of 41Druid RdFt Harrison AveJeffords StChestnut StBelleair RdLakeview RdMyrtle AveCourt StMap 11.1. Crashes, South of Court Street¹1 inch = 675 feetOutside Service AreaOutside Study AreaStudy AreaCrashes by TypeVehicle (1,086)Bike (25)Pedestrian (27)Unknown (106)
Application for Concept Planning Project GrantPage 41 of 41Myrtle AveDrew StFt Harrison AveSeminole StCourt StCleveland StPleasant StMap 11.2. Crashes, North of Court Street¹1 inch = 675 feetOutside Service AreaOutside Study AreaStudy AreaCrashes by TypeVehicle (1,086)Bike (25)Pedestrian (27)Unknown (106)
November 28, 2018
Dear Ms. Matzke
I am writing to represent the neighbors in Old Clearwater Bay Neighborhood (OCBNA), located
off Ft. Harrison and North of the Seminole Boat Launch. I have shared information with many
neighbors regarding the Complete Streets Concept Planning grants. Our neighborhood is in
support of the efforts to improve and provide safe travels within and around our area.
Neighbors have stated support of a "safe and thriving area". We feel attention and upgrading to
our streets and neighborhood would support increasing safety, comfort and pleasure when
walking, biking, and driving along Ft. Harrison and Osceola and downtown. Lighting,
landscaping, crosswalks, sidewalk additions and maintenance are all mentioned as current
concerns. OCBNA is an old, established area that warrants consideration for improvement as a
northern entrance to the corridor. We are excited about the upcoming progress that will make
this area of Clearwater and our neighborhood shine and be noticed by all those who visit and
enjoy all that this corridor offers.
Thank you for considering our input. We seem to be an unknown and underdeveloped area; a
diamond just waiting to be cut and polished and we will shine and sparkle!
Sincerely,
Michelle Fritz
Board Member Old Clearwater Bay Neighborhood Association
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5480
Agenda Date: 12/6/2018 Status: Other CouncilVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 12.1
SUBJECT/RECOMMENDATION:
Appoint an individual to serve as Councilmember, City Council Seat 2, to fill the remainder of an
unexpired term through March 2020.
SUMMARY:
On November 19, 2018, Vice Mayor Doreen Caudell submitted a letter of resignation from the
City Council effective November 30, 2018.
Per city charter, Section 2.07, “a vacancy on the council should be filled by majority of the
remaining council members within 30 days after the vacancy. The person so appointed shall
serve as council member until the next regular or special election. At such election, a council
member shall be elected to serve for the remainder of the unexpired term of office.”
The following individuals have expressed an interest in filling this vacancy:
Wayne Carothers
Lucile Casey
Sheila Cole
Frank Dame
Bill Jonson
Kelly Shannon Kelly
Gerry (Gary) Lee
Andrew Lorenti
Konrad McCree, Jr.
Morton Myers
Timothy W. Neubert
Carlen Petersen
Alex Plisko
Jay Polglaze
Bruce Rector
Rebecca Tieder
Howard Warshauer
Page 1 City of Clearwater Printed on 12/6/2018
File Number: ID#18-5480
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 12/6/2018
1
Call, Rosemarie
From:Cretekos, George
Sent:Friday, November 30, 2018 10:41 AM
To:Call, Rosemarie
Subject:FW: Vice Mayor Position
Importance:High
not sure i had sent this one for your list‐‐gnc
‐‐‐‐‐Original Message‐‐‐‐‐
From: Tim Neubert <tneubert@airportnac.com>
Sent: Monday, November 26, 2018 9:25 AM
To: Cretekos, George <george.cretekos@myclearwater.com>
Cc: Kuligowski, Patricia <Patricia.Kuligowski@myClearwater.com>
Subject: Vice Mayor Position
Importance: High
Good Morning Mr. Mayor "George",
I hope the holidays are going well for you and the City of Clearwater Staff, it my favorite time of the year‐
I noticed in the paper your search for a Vice Mayor, would this be an opportunity for me to help you? You are aware of
my history in building support for an administration and accomplishing goals many thought were not reachable both in
my many roles with government and my own business.
With this and if you think I would be a good fit for your staff, I would like you to consider me to fill the position. I think I
could be helpful to you and not have any conflict interests or any interest to run for a elected position‐ just work hard
for you and the citizens of Clearwater.
I am available this week if you would like to discuss further and if not, I am happy to lend my support.
Very best regards,
"Tim"
Timothy W. Neubert, MBA, A.A.E.
President
Phone: (727) 538‐8744
Cell: (727) 643‐7681
Neubert Aero Corp. (NAC) ‐ SVC‐Disabled Vet‐Owned SB, FL‐MBE ISO Certified 9001:2008 Provider of Quality Airport
Products & Services Since 1998‐‐Made in the USA http://www.airportnac.com
**********************************************************************
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covered by the Electronic
Communications Privacy Act, 18 U.S.C. Sections 2510‐2521. This
information intended for the sole use of the recipient. If you are not an intended recipient, you are hereby notified that
any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this
communication in error, please notify us immediately via return email and permanently delete the original and any
copies of this email and any attachments thereto. Thank you. Neubert Aero Corp., Brooksville, Florida, USA
2
‐‐‐‐‐Original Message‐‐‐‐‐
From: Tim Neubert [mailto:tneubert@airportnac.com]
Sent: Wednesday, December 02, 2015 2:46 PM
To: 'Patricia.Kuligowski@myClearwater.com'
Subject: FW: Meeting to discuss Congress District 14 Tampa
Patty,
Very nice speaking with you today and thank you for confirming a time for me to meet with the Mayor next Thursday at
3:30pm. Below is the email response confirming my request.
Very best,
Tim
‐‐‐‐‐Original Message‐‐‐‐‐
From: george.cretekos@myclearwater.com
[mailto:george.cretekos@myclearwater.com]
Sent: Monday, November 30, 2015 10:54 AM
To: tneubert@airportnac.com
Cc: Patricia.Kuligowski@myClearwater.com
Subject: RE: Meeting to discuss Congress District 14 Tampa
tim‐‐please call 727‐562‐4050‐‐ask for patty as she helps coordinate my schedule‐‐gnc
________________________________
From: Tim Neubert [tneubert@airportnac.com]
Sent: Wednesday, November 25, 2015 3:05 PM
To: Cretekos, George
Subject: Meeting to discuss Congress District 14 Tampa
Hello Mr Mayor,
George I hope you remember me when I used to work with Pinellas County and later starting my own business many
years ago and work with you when you were chief of staff for Congressman Young.
I still have my business in Brooksville and reside in Tampa. I am hoping you may have time in the next few weeks to
meet with me for a few minutes to hear your opinion regarding my interest and filing to run 4 congressional district 14
here in Tampa.
I feel your inside and opinions would be honest and greatly appreciate to hear your thoughts about this matter, Tim
Neubert running for congressional district 14.
If your assistant could provide me a few dates and time I would be able to confirm appointment.
Running a city must be very demanding but I hope a brief moment of your time could be available to meet with me.
Thank you in advance for your consideration and Happy Thanksgiving.
Your friend,
Tim Neubert
3
Neubert Aero Corp. : NAC Dynamics, LLC
This communication is voice activated using Samsung Voice Activated app and may include typo's and misspelled text.
1
Call, Rosemarie
From:Cretekos, George
Sent:Friday, November 30, 2018 2:27 PM
To:Call, Rosemarie; Akin, Pam
Subject:Fwd: Vacant City Council Spot
and another
Get Outlook for iOS
From: McCree Konrad <MCCREEK@pcsb.org>
Sent: Friday, November 30, 2018 2:25:30 PM
To: Cretekos, George
Subject: Vacant City Council Spot
Good afternoon Mayor Cretekos,
I understand that there may be a vacant council spot. I am extremely interested in serving the citizens of Clearwater,
and I believe I could add positively to the council. While running a few years ago, I stood on my hope of being able to be
a voice for a part of the county that does not normally have a voice. My current position as pastor of The St. Matthew
MB Church, and affiliations with other civic organizations in the community would allow me to be a liaison between the
city and the community.
I would welcome the opportunity to have a candid conversation with you about this, and about how we can continue to
make Clearwater a great place to live, work, and play!
Best,
K.M.
P.S. My cell phone is (727) 688‐0068.
Konrad McCree, Jr, M.Ed.
7th/8th Grade Assistant Principal
Lealman Innovation Academy
Learners Today, Leaders Tomorrow
4900 28th Street North
St. Petersburg, FL 33714
(727) 528‐5802 | mccreek@pcsb.org
777777 / 888888
2
Learners Today, Leaders Tomorrow
"If where I’m at is not different when I leave, then why was I here?”
1
Call, Rosemarie
From:Cretekos, George
Sent:Friday, November 30, 2018 2:25 PM
To:Call, Rosemarie; Akin, Pam
Subject:Fwd: City Council position
Attachments:Kelly S Kelly Resume 113018.docx
another name
Get Outlook for iOS
From: Kelly Kelly <kellyshannonkelly@yahoo.com>
Sent: Friday, November 30, 2018 2:07:32 PM
To: Cretekos, George
Cc: Hamilton, Hoyt; Allbritton, David; Cundiff, Robert
Subject: City Council position
November 30, 2018
Dear Mr. Mayor and Council Members:
I feel a strong urge to come forward and toss my hat in the ring for the open city
council position.
The four current council members obviously have a love for our city and want to make
it a better place for residents. I share that vision and goal.
Attached is a resume that outlines my capabilities so I won't go into detail on that in my
cover letter, but suffice it to say that as a 30-year resident of Clearwater with a Master's
Degree in Business Administration, I can bring lot to the table. I'd also endeavor to
bring alacrity and cheerfulness in service to our community as I work well with
everyone.
Regardless of whom the Council chooses, I sincerely hope that the selected individual
brings a genuine passion for the city of Clearwater and a positive attitude.
Sincerely,
Kelly Shannon Kelly
(727) 831-0479
2
1
Call, Rosemarie
From:Cretekos, George
Sent:Friday, November 30, 2018 2:25 PM
To:Call, Rosemarie; Akin, Pam
Subject:Fwd: City Council position
Attachments:Kelly S Kelly Resume 113018.docx
another name
Get Outlook for iOS
From: Kelly Kelly <kellyshannonkelly@yahoo.com>
Sent: Friday, November 30, 2018 2:07:32 PM
To: Cretekos, George
Cc: Hamilton, Hoyt; Allbritton, David; Cundiff, Robert
Subject: City Council position
November 30, 2018
Dear Mr. Mayor and Council Members:
I feel a strong urge to come forward and toss my hat in the ring for the open city
council position.
The four current council members obviously have a love for our city and want to make
it a better place for residents. I share that vision and goal.
Attached is a resume that outlines my capabilities so I won't go into detail on that in my
cover letter, but suffice it to say that as a 30-year resident of Clearwater with a Master's
Degree in Business Administration, I can bring lot to the table. I'd also endeavor to
bring alacrity and cheerfulness in service to our community as I work well with
everyone.
Regardless of whom the Council chooses, I sincerely hope that the selected individual
brings a genuine passion for the city of Clearwater and a positive attitude.
Sincerely,
Kelly Shannon Kelly
(727) 831-0479
2
Kelly Shannon Kelly
1451 Sandy Lane, Clearwater, FL 33755
(727) 831-0479 KellyShannonKelly@yahoo.com
EDUCATION
Florida Metropolitan University Clearwater, FL 6/1998
Master's Degree in Business Administration with emphasis on International Marketing - GPA 4.0
Yale University School of Medicine Summer Medical and Dental Program 8/1993
Clearwater Christian College Clearwater, FL 5/1987
Bachelor's Degree in English - GPA 3.75
International Open Academy London, England 9/2017
TESOL certificate
Pinellas Citizens University 2014
WORK EXPERIENCE
Co-Host Clearwater, FL June 2018 – present
The Kelly Kelly Show on WTAN Radio
Co-Owner Tampa, FL 6/2003 – present
Gold Compass DBA, a security company providing loss control service to companies such as cruise lines
ESL Teacher Clearwater, FL 9/2016 – present
Online ESL teacher with 51Talk teaching English as a second language to children and adults in China
Weekly Columnist Tampa Bay, FL 10/2014 – 7/2016
Weekly Arts and Entertainment columnist for two newspapers owned by the Tampa Tribune and subsequently the
Tampa Bay Times - the Clearwater Gazette and The Suncoast News, with a circulation of 110,000
Managing/Photo Editor Tampa, FL 12/2007 – 12/2008
For Traveling Sportsman, a magazine with an ABC-audited circulation of 220,000, distributed in 20 countries
Award-Winning Freelance Writer/ Photographer 8/2003 – Present
Multiple award-winning photographer and writer in National Geographic Florida, Fodor’s See It: Costa Rica, DK
Eyewitness Travel Guide: Great Britain, Visit Florida publications, AOL Travel, Tampa Tribune, Miami Herald, Wild
Blue Yonder, Florida Sportsman Magazine and other books, city guides, newspapers and magazines
Past President and Chairman 9/2003 – 9/2009
Florida Outdoor Writers Association - Published bi-weekly market newsletter; Assistant Director 2003 – 2007
Assistant Editor Fort Lauderdale, FL 5/2003 – 5/2006
For Wave Life Magazine, water-activities magazine published by the Miami Herald
Pinellas Property Appraiser IV Clearwater, FL 7/1999 - 7/2002
Appraiser of residential property for Pinellas County
1
Call, Rosemarie
From:Cretekos, George
Sent:Monday, December 03, 2018 3:19 PM
To:Akin, Pam; Call, Rosemarie
Subject:Fwd: Open City Council Seat
Get Outlook for iOS
From: Andrew Lorenti <andrew.lorenti@gmail.com>
Sent: Monday, December 3, 2018 1:34:03 PM
To: Cretekos, George
Subject: Open City Council Seat
Hi,
My name is Andrew Lorenti and I am interested in the recently opened city council seat left by Doreen Caudell. I have been interested in getting
into government work for a while now and believe that this opportunity could be of a great benefit not only to myself, the current city council, but
also that of the city of Clearwater. I believe that I am in a unique position in that I am 28 years old (well below the mean average of the current
city council) and can offer many new and refreshing ideas. The city council, as well as yourself, have done a wonderful job so far. However, I
believe that an influx of youth to the council would bring a large benefit. Imagine Clearwater in particular could be helped by my views and ideas
since I most closely am able to identify with the younger generation (a generation that Imagine Clearwater is trying to attract heavily).
I realize that my inexperience may seem like a hinderance and give you some alarm in recommending me for this seat. I have proved
throughout my life to be a quick and adept learner at all things and I believe that my mental acumen would allow for me to pick up the needed
rules and regulations quite easily.
If my inexperience proves too much of a hurdle to overcome for this position I understand. I would very much like to begin a career in
government work and any information or assistance you are able to provide would be incredibly helpful. The current “myclearwater” website
makes it very difficult to find information on how to break into the city government.
Thank you for your time
1
Call, Rosemarie
From:Bill Jonson <bill.jonson@verizon.net>
Sent:Sunday, December 02, 2018 12:40 PM
To:Cretekos, George; Hamilton, Hoyt; Cundiff, Robert; Allbritton, David
Cc:Kuligowski, Patricia; Horne, William; Akin, Pam; Call, Rosemarie
Subject:Councilmember Caudell Replacement
Honorable Councilmembers,
When I heard of Councilmember Caudell’s resignation I considered volunteering for the position to complete her
term. My first thought was to see if such an appointment would be permitted under the Clearwater City Charter, so I
sought out an opinion from the City Attorney. I received the “language is ambiguous” response on Friday. The decision
is up to you.
None the less, I would be willing and excited to serve for the remainder of Ms. Caudell’s term. Prior to leaving the
Council I served as the PSTA representative to Forward Pinellas, so I have familiarity with the key organization that she
served on as the City’s representative.
If you select someone else, I look forward to working with the entire Council in the future on the many opportunities
ahead for Bright and Beautiful Clearwater.
Best wishes,
Bill Jonson, retired Clearwater City Councilmember
2694 Redford Court West
Clearwater, Florida 33761
727‐786‐3075
Bill.jonson@usa.net
From: Akin, Pam <Pam.Akin@myClearwater.com>
Sent: Friday, November 30, 2018 2:56 PM
To: Bill Jonson <bill.jonson@verizon.net>
Cc: City Council <City.Council@myClearwater.com>
Subject: RE: Section_2.03.___Election_and_terms. (1)
We have not issued any opinions previously on this issue. However, Council does not appear to have appointed a
termed out Councilmember to serve during the succeeding term since the beginning of term limits 1994. The last
Councilmember position filled by appointment was in 2006.
JB Johnson was appointed to fill Whitney Gray’s seat in December of 2004 after ending 2 3‐year terms in March of 2000.
I have always viewed the term limit provision as a “sit out provision”, the language is ambiguous. However, the Council
ultimately is the decider of the Council qualifications under the Charter.
Pam Akin, City Attorney
(727)562‐4020
From: Bill Jonson <bill.jonson@verizon.net>
Sent: Friday, November 30, 2018 1:27 PM
2
To: Akin, Pam <Pam.Akin@myClearwater.com>
Subject: RE: Section_2.03.___Election_and_terms. (1)
Ms. Akin,
It is my intent to apply for the Ms. Caudell’s open Council seat, but I didn’t think it would be appropriate to apply if I
clearly would not qualify.
Thus, the reason for my original question. I know that you must be very busy, but I wonder if this is guidance that you
have already have in your files.
Best wishes,
Bill Jonson, retired Clearwater City Councilmember
2694 Redford Court West
Clearwater, Florida 33761
727‐786‐3075
Bill.jonson@usa.net
From: Akin, Pam <Pam.Akin@myClearwater.com>
Sent: Monday, November 26, 2018 10:41 AM
To: Bill Jonson <bill.jonson@verizon.net>
Subject: RE: Section_2.03.___Election_and_terms. (1)
Mr. Jonson, I have been on vacation for the Thanksgiving holiday. As you can imagine I have had a number of issues to
address. I will respond as soon as possible.
Pam Akin, City Attorney
(727)562‐4020
From: Bill Jonson <bill.jonson@verizon.net>
Sent: Monday, November 26, 2018 9:04 AM
To: Akin, Pam <Pam.Akin@myClearwater.com>
Subject: FW: Section_2.03.___Election_and_terms. (1)
Ms. Akin,
Second request. Is this something you can answer for me?
Best wishes,
Bill Jonson, retired Clearwater City Councilmember
2694 Redford Court West
Clearwater, Florida 33761
727‐786‐3075
Bill.jonson@usa.net
3
From: Bill Jonson <bill.jonson@verizon.net>
Sent: Friday, November 16, 2018 4:16 PM
To: Ms. Pamela K. Akin (pam.akin@myclearwater.com) <pam.akin@myclearwater.com>
Subject: Section_2.03.___Election_and_terms. (1)
Ms. Akin,
A couple of people have asked me if I could be appointed by the Council for the remainder of Doreen Caudell’s term of
office. I am attaching what I believe to be the controlling provision from the City charter.
I don’t know how to interpret ”for the succeeding four‐year term”. Does this mean for the succeeding full “four‐year
elected term of office” where a one‐and‐a‐half‐year term would be permitted? I note that it does not say “during the
succeeding four‐year term.” Or would the interpretation of this provision be left up to the Council?
Your guidance would be appreciated. Best wishes,
Bill Jonson
1
Call, Rosemarie
From:Cretekos, George
Sent:Thursday, December 06, 2018 9:07 AM
To:Call, Rosemarie; Akin, Pam
Cc:Kuligowski, Patricia
Subject:FW: City Council Vacancy
From: M Myers <morton4clearwater@gmail.com>
Sent: Wednesday, December 5, 2018 6:44 PM
To: Call, Rosemarie <Rosemarie.Call@myClearwater.com>; Cretekos, George <george.cretekos@myclearwater.com>;
Cundiff, Robert <bob.cundiff@MyClearwater.com>; Allbritton, David <david.allbritton@myclearwater.com>; Hamilton,
Hoyt <hoyt.hamilton@MyClearwater.com>
Subject: City Council Vacancy
To the Clearwater Council,
I am writing to express my interest in filling the vacant Clearwater City Council seat #2 that was vacated by Vice Mayor
Doreen Caudell in November. I would like to have my name added to the list to be considered for the position.
I feel that I can be a great asset to the current council and the City of Clearwater. I was born and raised in Clearwater
and I'm also a lifetime resident, so I care greatly about the city, it's people and it's affairs. I own multiple businesses in
Clearwater, including Dairy Kurl and Tampa Bay Pawn. My family includes my wife who is a teacher at Clearwater
High School and our 4 young children who participate in a lot of activities throughout the city. I also graduated from
Clearwater High School, St. Pete College as well as achieving my Eagle Scout rank in the Boy Scouts.
I feel that by raising my family and operating my businesses in Clearwater, I rely on the the well‐being of city and it's
people which is why I feel that I am someone that you (city council) and the people of Clearwater can also rely on.
Thank you all for your time & consideration.
Sincerely,
Morton Myers
(727) 744‐0106
1756 W Lagoon Cir.
Clearwater, FL 33765
1
Call, Rosemarie
From:Nick Anderson <nickanderson@highpointrealtycorp.com>
Sent:Thursday, December 06, 2018 11:53 AM
To:Cretekos, George; Allbritton, David; Call, Rosemarie
Subject:Morton Myer for City Council
Dear Mayor and Council Members,
I have known Morton for awhile now and have known his family for a long time. He is a wonderful young
man that LOVES this city and really wants to see Good done for it. He is very hard working and open to many
points of view. He is not blinded by loyalties and truely would be a great Council Member. I recently sold him
the Dairy Kurl on Gulf to Bay and you can see he has resurrected a Clearwater landmark business here. He
loves doing this insisted on doing what the people wanted as he got flooded with requests to Keep it the
Same!
I have seen his interest not only in Downtown but all over the city. He brings a new fresh voice to the council
and lots of energy. Please consider him and you will not be sorry!
Best,
Nick Anderson
High Point Realty
‐‐
Nick Anderson
Realtor
High Point Realty Inc
413 Cleveland St
Clearwater, FL 33755
727‐688‐2495
www.highpointrealtycorp.com
1
Call, Rosemarie
From:Carl Schrader <brookhill.2005@gmail.com>
Sent:Thursday, December 06, 2018 2:03 PM
To:Cretekos, George; Cundiff, Robert; Allbritton, David; Hamilton, Hoyt
Cc:Call, Rosemarie
Subject:Support for Howard Warshauer as Interim Councilmember
Dear Mr. Mayor and Clearwater City Councilmembers,
I have known Howard Warshauer for over 12 years and found him to care deeply for the City of Clearwater. His passion,
commitment and dedication towards making things better in Clearwater is tireless. Since I have known him he has
served and volunteered on numerous nonprofit boards in a leadership capacity.
He helped to establish the Clearwater Downtown Partnership, served as president of the Clearwater Neighborhoods
Coalition and the Coachman Park Enhancement Committee. He is very familiar with the Imagine Clearwater project and
served as a stakeholder during the initial phases of this project.
In addition to his Clearwater involvement he brings experience as a City Commissioner of the City of West Palm Beach,
FL. He served four terms in that capacity and is familiar with Florida's Sunshine Laws.
I hope that you will consider Howard as a choice for the position for Clearwater City Councilmember.
Thank you very much.
Sincerely,
Carl Schrader
1541 S Fredrica Av
Clearwater FL 33756
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