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08/04/2008 WORK SESSION AGENDA Council Chambers - City Hall 8/4/2008 - 1:30 PM 1. Presentations 1.1 Fire Recruit Class #11 Graduation/Oath @:! Attachments 2. Financial Services 2.1 Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. (consent) @:! Attachments 2.2 Approve amendments to Code Section 2.527, Settlement of Claims, and pass Ordinance 7964-08 on first reading. @) Attachments 2.3 Approve amendments to the City's self-insurance program ordinance as codified in Section 2.641-2.647 and pass Ordinance 7965-08 on first reading. @:! Attachments 2.4 Authorize the Negotiated Sale of not to exceed $12,900,000 City of Clearwater Improvement Revenue Bonds, Series 2008 to Branch Banking and Trust Company (BB&T) to finance a portion of the project costs incurred to construct the Downtown Boat Slips and Beach Walk and adopt Resolution 08-17. @:! Attachments 3. Information Technology 3.1 Award a contract to Dolphin Communications Services, Inc., St. Petersburg, FL in the amount of $312,798, for the installation of conduit and fiber optic cable in support of emergency operations preparedness at various City facilities and authorize the appropriate officials to execute same. (consent) @:! Attachments 4. Marine and Aviation 4.1 Approve the agreements with Tower Optical for coin-operated viewers at Pier 60 and the Marina and authorize the appropriate officials to execute same. (consent) @) Attachments 5. Parks and Recreation 5.1 A ward a blanket purchase order to Chall Tennis Management, LLC of Clearwater, Florida, in the amount of $250,000, for providing tennis lessons and tennis services at the Henry L. McMullen Tennis Complex and authorize appropriate officials to execute same. (consent) @) Attachments 5.2 Adopt revised formulas for the purpose of computing fees for non-residents to participate at City recreation facilities and in City recreation programs and activities; eliminate some of the options in lieu of non-resident card purchase; approve the City Manager or his or her designee to change the surcharge factor; and pass Ordinance 7983-08 on first reading. @:! Attachments 6. Police 6.1 Approve renewing a contract with the Pinellas County Sheriff's Office, Largo, Florida, for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one year contract period commencing October 1,2008, through September 30,2009, at a cost of $647,362.00 and authorize the appropriate officials to execute same. (consent) @:! Attachments 6.2 Authorize the Chief of Police to execute a Multi-Agency Voluntary Cooperation Mutual Aid Agreement with the Office of the Attorney General Child Predator Cyber Crime Unit, adopt Resolution 08-16, and authorize the appropriate officials to execute same. @:! Attachments 6.3 Approve submission of a FY 2008 Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance grant application in the amount of $30,414 to fund the purchase of Tactical Weapons Illuminators and Holsters. (consent) @:! Attachments 6.4 Approve acceptance of a FY 2008 Department of Justice, Bureau of Justice Assistance (DOJ/BJA) grant in the amount of $99,730 for a one-year period to fund the Clearwater Area Task Force on Human Trafficking Immersion Training Project. (consent) @:! Attachments 7. Solid Waste/General Support Services 7.1 Approve a Contract (Blanket Purchase Order) for $250,000 to Wingfoot Commercial Tire of Clearwater, FL for the purchase of Goodyear tires for City Motorized equipment per piggyback of Florida State Contract #863-000-06-1 and authorize the appropriate officials to execute same. (consent) @:! Attachments 8. Public Services 8.1 Approve the State of Florida Department of Transportation contract renewal for sweeping state roadways as outlined in the Maintenance Agreement, FIN project 42193917201 and adopt Resolution 08-13. @l Attachments 9. Public Utilities 9.1 Approve the amendment of the Capital Improvement Program (CIP) to restrncture current Water and Sewer Utility funding by increasing project budgets by $4,016,791.00 of planned FY09 revenue bond proceeds and decreasing project budgets by $4,016,791.00 of operating revenues for a net change of zero. (consent) @:! Attachments 10. Engineering 10.1 Renew a contract (Purchase Order) to Allied Universal Corporation of Miami, FL from September 1, 2008 through June 30, 2009 for a total value of $142,450 for Liquid Sodium Hypochlorite; approve a 91 day extension and an increase to an existing purchase order to Odyssey Manufacturing Co, Tampa, Florida, increasing the value by $65,683.00 for a total amount of $165,043.00 and authorize the appropriate officials to execute same. (consent) @l Attachments 11. Planning 11.1 Discuss Amendments to the Clearwater Comprehensive Plan as recommended in the Evaluation and Appraisal Report (EAR). (WSO) @l Attachments 12. Official Records and Legislative Services 12.1 Appoint a youth member to the Sister Cities Advisory Board with the term expiring on August 31, 2012. @ Attachments 13. Legal 13.1 Adopt Ordinance No. 7958-08 on second reading, annexing certain real property whose post office address is 3147 Downing Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. @ Attachments 13.2 Adopt Ordinance No. 7959-08 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 3147 Downing Street, upon annexation into the City of Clearwater, as Residential Urban (RU). I@l Attachments 13.3 Adopt Ordinance No. 7960-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3147 Downing Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). I@l Attachments 13.4 Adopt Ordinance No. 7961-08 on second reading, annexing certain real property whose post office address is 1460 Dexter Drive, together with the right-of-way abutting Lots 5, 6, and 7 of Douglas Manor Lake Subdivision, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. I@l Attachments 13.5 Adopt Ordinance No. 7962-08 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 1460 Dexter Drive, together with the right-of-way abutting Lots 5, 6, and 7 of Douglas Manor Lake Subdivision, upon annexation into the City of Clearwater, as Residential Low (RL). I@l Attachments 13.6 Adopt Ordinance No. 7963-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1460 Dexter Drive, together with the right-of-way abutting Lots 5, 6, and 7 of Douglas Manor Lake Subdivision, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). I@l Attachments 13.7 Adopt Ordinance No. 7968-08 on second reading, annexing certain real property whose post office address is 1762 West Manor Avenue into the corporate limits of the city and redefining the boundary lines of the city to include said addition. I@l Attachments 13.8 Adopt Ordinance No. 7969-08 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 1762 West Manor Avenue, upon annexation into the City of Clearwater, as Residential Low (RL). I@l Attachments 13.9 Adopt Ordinance No. 7970-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1762 West Manor Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). I@l Attachments 13.10 Adopt Ordinance No. 7975-08 on second reading, amending the Zoning Atlas of the city by rezoning certain property whose post office address is 1241, 1261 and 1281 Gulf Boulevard, from Business (B) to Commercial (C). @:! Attachments 13.11 Adopt Ordinance No. 7979-08 on second reading, amending the operating budget for the fiscal year ending September 30, 2008 to reflect increases and decreases in revenues and expenditures for the general fund, special development fund, special program fund, water and sewer fund, stormwater utility fund, gas fund, solid waste fund, recycling fund, airpark fund, parking fund, and central insurance fund. @) Attachments 13.12 Adopt Ordinance No. 7980-08 on second reading, amending the capital improvement budget for the fiscal year ending September 30,2008, to reflect a net increase of $3,914,347. @) Attachments 13.13 Adopt Ordinance No. 7981-08 on second reading, relating to the neighborhood and affordable housing advisory board; amending code of ordinances, Article 2, Division 9A, Sections 2.226 through 2.229; increasing the number of board members from seven to eleven and providing for qualifications of said members; providing for powers and duties of the board; providing procedures for the board's adoption of final housing incentive strategies recommendations; updating obsolete language; amending code of ordinances Section 2.063 to provide an exception from the city residency requirement for certain members of the neighborhood and affordable housing advisory board. @) Attachments 13.14 Adopt Ordinance No. 7982-08 on second reading, amending Chapter 2, Article III, Division 2, Code of Ordinances relating to the Airpark Advisory Board; amending Section 2.082 relating to composition of the board; amending Section 2.083, terms of members; amending Section 2.084, powers and duties; and deleting Section 2.085. @) Attachments 13.15 Adopt Ordinance No. 7991-08 on second reading, submitting to the city electors proposed amendments to the City Charter amending Section 8.05, Elections; amending Section 8.05(D), deleting current language and providing that the Pinellas County Canvassing Board shall serve as the City of Clearwater's Canvassing Board unless otherwise provided by ordinance. @) Attachments 13.16 Adopt Ordinance No. 7992-08 on second reading, amending Section 28.041, Code of Ordinances, to create an exemption to the prohibition against street solicitations in specified conditions. @:! Attachments 13.17 Continue Public Hearing and 2nd Reading of Ordinances for Land Use and Zoning Amendments for 1551 Gulf Blvd. to October 2,2008. (LUZ2008-05002) @:! Attachments 13.18 Continue Public Hearing and 2nd Reading of Ordinance for Rezoning of 1180 and 1200 Gulf Blvd. to October 2,2008. (REZ2008-05003) @) Attachments 13.19 Continue Public Hearing and 2nd Reading of Ordinance for Rezoning of 1520, 1540, and 1560 Gulf Blvd. to October 2,2008. (REZ2008-05004) @:! Attachments 13.20 Continue Public Hearing and 2nd Reading of Ordinance for Rezoning of 1501 Gulf Blvd. to October 2, 2008. (REZ2008-05005) @) Attachments 13.21 Set Date for Impasse Hearing @:! Attachments 14. City Manager Verbal Reports 14.1 City Manager Verbal Reports @:! Attachments 15. Council Discussion Items 15.1 Clearwater Audubon Society - Banning Dogs on North Clearwater Beach from Shorebird Nesting Areas. ~ Attachments 16. Other Council Action 16.1 Other Council Action ~ Attachments 17. Adjourn 18. Presentationes) for Council Meeting 18.1 2008 Legislative Session Report - Senator Mike Fasano ~ Attachments 18.2 Supervisor of Elections Presentation: Election Update ~ Attachments 18.3 Presentation of Check to Pinellas Hope ~ Attachments 18.4 Diversity Poster Contest Prize ~ Attachments 18.5 Alternative Transportation - Sandi Moody, Executive Director, Bay Area Commuter Services ~ Attachments Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Fire Recruit Class #11 Graduation/Oath SUMMARY: FM Sarah Happs FM Greg Keane FM David Marlowe FM Patricia Schauer FM Lucas Semple Review Approval: 1) Clerk Cover Memo Item # 1 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. (consent) SUMMARY: All vehicles and equipment listed have been replaced as necessary and are no longer required. Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Auctioneer of Record. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0566-00000- 364413-000- 000-0000 Other No Budget Adjustment: No Revenue N/A N/A Annual Operating Cost: Total Cost: to Amount To be determined Appropriation Comment Sale proceeds Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 2 Attachment number 1 Page 1 of 1 Surplus for August 7, 2008 REASON FOR ITEM# Asset# YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS I DISPOSAL 1 G0278 1992 Ford F350 w/rescue body 1 FDKF37M4NNA80264 94266 Age/Condition 2 G0526 1994 Ford F150 w/utility body 1 FTEF15Y1 RNB30121 70983 Age/Condition 3 G1179 1990 East Aluminum 40' Trailer 1E1P1U28XLRF11882 N/A Age/Condition 4 G1470 1995 Ford F250 Pickup Truck 1 FTHF25H9SNA96843 98180 Age/Condition 5 G1877 1999 International Chipper/Bucket Truck 1HTSCABN2YH244652 54,905 Age/Condition 6 G1882 1997 Dodge B2500 Passenger Van 2B4H B25Y9VK596851 60671 Age/Condition 7 G1883 1997 Dodge B2500 Passenger Van 2B4H B25YOVK596852 73489 Age/Condition 8 G1898 1997 Kawasaki Mule 2520 JK1AFCB14VB502011 N/A Age/Condition 9 G1919 1998 Crane Carrier Side Loader Refuse 1 CYCCB484WT043466 66628 Age/Condition 10 G1957 1998 Ford Ranger Pickup Truck 1 FTYR1 OU9WUC43146 99440 Age/Condition 11 G2067 1999 Crown Victoria Police Cruiser 2FAFP71W8XX172568 85249 Age/Condition 12 G2094 1999 Ford Taurus 4 dr. sedan 1FAFP52U9XA220850 81860 Age/Condition 13 G2133 1999 Chevrolet Lunina 4 dr. sedan 2G1 WL52M9X9274966 73789 Bad Transmission 14 G2157 1999 Chevrolet 1500 Pickup Truck 1 GCEC14VXXE233552 102535 Age/Condition 15 G2226 2000 Crown Victoria Police Cruiser 2FAFP71W1YX164328 65765 Bad Transmission 16 G2295 2000 Chevrolet S-10 Pickup Truck 1GTCS14W9YK272588 83740 Age/Condition 17 G2306 2001 Peterbilt 320 Side Loader Refuse 1 N PZLZOX41 0712854 65801 Age/Condition 18 G2492 2002 BobCat 873 Skid Loader 514150995 N/A Bad Drive Motor 19 G2523 2002 Crown Victoria Police Cruiser 2FAFP71W42X134571 95320 Age/Condition 20 G3035 2004 Honda EB4035C Pressure Washer 1062823 N/A Worn out 21 N/A 2001 Dosco RC-14SP Root Cutter RC1124-00-171 N/A Age/Condition Item # 2 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to Code Section 2.527, Settlement of Claims, and pass Ordinance 7964-08 on first reading. SUMMARY: Risk Management is recommending that the settlement ordinance be modified to streamline the City's ability to settle claims under $25,000. It increases Risk Management's authority to $7,500 and $15,000 for Risk and Legal, and $25,000 for City Manager, Risk Management and Legal. It does not change the level in which Council approval is required; such level shall remain at $25,000. Additionally, and regardless of the amount, the proposed ordinance will not require Council approval if the settlement is being made from insurance proceeds and not City funds. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 3 Attachment number 1 Page 1 of 2 ORDI NANCE NO. 7964-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE PROCEDURES TO SETTLE CLAIMS THROUGH THE CITY'S SELF- INSURANCE PROGRAM; CHANGES THE PARAMETERS AND PROCEDURES FOR SETTLING MINOR CLAIMS; PROVIDES THAT STAFF CONTINUE SETTLEMENT AUTHORITY TO $25,000 AND COUNCIL MUST CONTINUE TO APPROVE SETTLEMENTS FOR WHICH THE CITY MUST PAY MORE THAN $25,000. WHEREAS, the settlement procedures as set forth in this ordinance are made clearer and less cumbersome and increasing authority of smaller claims to allow for inflation, while maintaining the same level of Council approval for more significant claims. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2.527, Settlement of Claims, be amended to read: Sec. 2.527. Settlement of claims. (1) Claims by the city. The city manager is authorized to settle and release, on behalf of the city, any claim or lawsuit in favor of the city wherein the amount alleged to be due to the city does not exceed $10,000.00 provided, however, if the amount alleged to be due to the city exceeds $2,000.00, the city manager shall first consult with the city attorney and such other city employees as the city manager may deem appropriate before making any settlement of such claim. (2) Claims against the city. The city manager is authorized to settle on behalf of the city any claim against the city wherein the amount to be paid in settlement does not exceed $10,000.00, including costs and attorney's fees; provided, however, if the amount to be paid in settlement exceeds $2,000.00, the city manager shall first consult with the city attorney and such other city employees as the city manager may deem appropriate before making any settlement of such claim. ill The City Manaqer or his/her desiqnee is authorized to settle and release, on behalf of the City, any claim or lawsuit both for and aqainst the City, up to and includinq $25,000: provided, however, that any settlement that exceeds $7,500 shall be reviewed by the City Attorney and/or desiqnee - 1 - Ordinance 796fteffi # 3 Attachment number 1 Page 2 of 2 and any claim that exceeds $15,000 shall require unanimous written concurrence of the City Manaqer, City Attorney and Risk Manaqer or their desiqnees. {JfillDelegation of settlement authority. The city manager may delegate the authorization to settle claims pursuant to subsection (1) of this section to other city employees as the city manager may deem appropriate. The city attorney may delegate to an assistant city attorney the function of consulting with the city manager regarding the settlement of claims pursuant to this section. (1) Maximum settlement authority. The city manager, with the unanimous written concurrence of the city attorney, the city's risk manager, and the service agent, is authorized to settle on behalf of the city and authorize payment of any claim against the city wherein the amount to be paid in settlement does not exceed $25,000.00, including costs and attorney's fees. (5) City commission Council approval of settlements. Any proposed settlement of any claim resultinq in non-reimbursed expenditure of City funds for or against the city that exceeds $25,000, the authority granted pursuant to this section or in section 2.615 shall first be approved by the city commission council before the settlement can become final and binding upon the city. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Paul Richard Hull Assistant City Attorney Cynthia E. Goudeau City Clerk - 2 - Ordinance 796fteffi # 3 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to the City's self-insurance program ordinance as codified in Section 2.641-2.647 and pass Ordinance 7965-08 on first reading. SUMMARY: Risk Management and Finance is recommending that the self-insurance program ordinance be modified to clarify language and reflect changes in procedures that have occurred since the ordinance's inception. The proposed ordinance reflects the self-administered status of the City and clarifies the use of in-house adjusters and servicing agents as necessary to settle claims. . It updates the name of the insurance reserve fund to the central insurance fund and removes language having to do with how the central insurance fund monies are invested, as this is now addressed in the City's investment policy. It removes the minimum $50,000 amount required in the central insurance fund before the City Manager or his/her designee, opts to self-insure an exposure. Type: Current Year Budget?: Debt-Bond None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 3 ORDINANCE NO. 7965-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 2.641-2.647: SELF- INSURANCE PROGRAM, RELATING TO PROCEDURAL CHANGES AND NAME CHANGES; PROVIDING AN EFFECTIVE DATE: WHEREAS, the self-insurance program ordinance has become outdated and there have been procedural and name changes that should be reflected in the ordinance; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Sections 2-641 to 2.647 are amended to read: Sec. 2.641. Purpose. It is declared to be the policy of the city that the city shall, wholly or in part, carry its own insurance risks in order to effect savings on premiums heretofore paid to insurance companies. Sec. 2.642. Reserve fund-Established. A fund to be known as the fund of the city is hereby established. The city manager is directed to request authority from the city commission council for the transfer of money to such fund from time to time, as needed. Sec. 2.643. Same-Disposition; withdrawals':'T in'.'estments f4i The central insurance reserve fund shall be accounted for deposited in some bank in the city and shall be kept entirely separate and distinct from all other funds belonging to the city. The city manager or the service agent his/her desiqnee and the servicinq aqent. if one is used, shall have authority to make withdrawals from the insurance reserve fund, but every such withdrawal shall first be authorized in writing. to pay expenses related to claims both for and aqainst the City from the central insurance fund. Surplus moneys in the central insurance reserve fund may be invested in accordance with the City's investment policy. United States government bonds or in bonds of the city, but all such bonds shall be kept separate from all other securities owned by the city and shall be distinctly earmarked as belonging to the insurance reserve fund. - 1 - Ordinance 796B:ela # 4 Attachment number 1 Page 2 of 3 (2) The service agent is authorized to establish a bank trust account to receive funds transferred from the insurance reserve fund, which funds are to be used for the payment of claims. Sec. 2.644. Servicing agent; claims management. The city manaqer, at his/her discretion, may sAal-I obtain the services of a person or agency to function as servicing agent for the city in its self-insurance program or use in- house adiusters to administer the self-insurance proqram. The servicing agent and/or in-house adjusters shall be responsible for a program of claims management, including the administration of such a program. and a program of loss prevention. Sec. 2.645. Payment of claims. As part of the claims management program, the servicing agent and/or in-house adiusters shall have authority to settle and pay claims not to exceed the sum set forth as a limitation of settlement authorization in Section 2.527. in the annual service agreement between the city and the service agent. Sec. 2.646. Report of losses. Whenever a claim loss occurs, it shall be the duty of the head of the department in which the claim loss occurs to report the loss to Risk Manaqement. the service agent in writing. Such report shall give may include full details concerning the loss, including any reports, pictures, statements or other data and shall include as well as an estimate of the value of such claim loss. Each report of claim loss shall be kept on file at the city hall for a period of one year after it has been acted on and may thereafter be processed in accordance with the schedule for handling public records. Sec. 2.647. Authority of city manager to reduce or cancel insurance. The city manager or his/her desiqnee is authorized, beginning with the first fiscal year following institution of the self insurance program by the city, to reduce the amount of fire, windstorm, liability, worker:.ss' compensation, and other insurance carried by the city, and to continue to make such reductions as the central insurance reserve fund is increased. The city manager is authorized to use his/her discretion in making such reductions, and may reduce the amounts of some types of insurance carried by the city or may cancel some types altogether, as he/she thinks best ; provided, however, the city shall not be perm itted to be without insurance protection of any kind except when the insurance reserve fund amounts to $50,000.00 or more. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND 2 Ordinance ~-#~ FINAL READING AND ADOPTED Approved as to form: Paul Richard Hull Assistant City Attorney Attachment number 1 Page 3 of 3 Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 3 Ordinance ~-#~ Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize the Negotiated Sale of not to exceed $12,900,000 City of Clearwater Improvement Revenue Bonds, Series 2008 to Branch Banking and Trust Company (BB&T) to finance a portion of the project costs incurred to construct the Downtown Boat Slips and Beach Walk and adopt Resolution 08-17. SUMMARY: The Council previously adopted resolutions 06-08 and 07 -13 establishing the intent to reimburse certain project costs incurred to construct Beach Walk and the Downtown Boat Slips with the proceeds from future tax-exempt financing. Raymond James and Associates, Inc., the City's Financial Adviser has determined the most favorable financing vehicle currently available is a negotiated bank loan. An RFP was issued on July 1,2008 to solicit interested banks and financial institutions to provide the loan and we received three (3) competitive proposals. These proposals were compared to what we could expect from a traditional bond sale to insure that we are using the best financing option. A spreadsheet laying out the proposals and comparison to a traditional bond is attached. Branch Banking and Trust Company (BB&T) submitted the proposed loan package that provides for the most advantageous financing option for the City. The loan will be for $12.9 million at 4.66% fixed rate interest repaid over 20 years. The Beachwalk portion of the debt payments will be paid from the General Fund and has a maximum annual debt payment of $295,630. The preliminary 2009 budget includes $315,000 for the Beachwalk debt payment. The Boat Slips portion of the debt payments includes 2 years of capitalized interest (borrow 2 years of interest payments as well as the cost of construction) and has no principal payment until the 3rd year. This is to enable the construction of the boat slips and start up of the operation prior to beginning to repay the debt. The maximum annual debt payment is $763,668. These debt services payments will be made from the Downtown Boat Slips Enterprise Fund from revenue generated from the Boat Slips. I have attached an updated proforma schedule for Downtown Boat Slips, showing the slips in operation for 3 months in FY09 (expected opening July 2009) and including the updated debt payments. This schedule shows an average of over $222,000 net income (cash basis) over the course of the 40 year expected life. The Enterprise Fund, as well as appropriate debt service funds will be established at the time the bonds are issued. An agenda item will be brought forward to the Council in FY09 requesting the establishment of the appropriate budget in the Boat Slip Enterprise Fund and FTE's to operate the boat slips when we get closer to the completion of construction and a firm date for the opening of the facility. The Resolution (and related exhibits) are attached as well as the debt service schedules. Closing on these bonds is anticipated to be on August 12,2009. Type: Current Year Budget?: Debt-Bond Yes Budget Adjustment: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: Cover Memo to Item # 5 Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Attachment number 1 Page 1 of 10 RESOLUTION NO. 08-17 A RESOLUTION AUTHORIZING THE NEGOTIATED SALE OF NOT TO EXCEED $12,900,000 CITY OF CLEARWATER, FLORIDA, IMPROVEMENT REVENUE BONDS, SERIES 2008; AWARDING THE SALE THEREOF TO BRANCH BANKING AND TRUST COMPANY, SUBJECT TO THE TERMS AND CONDITIONS OF A COMMITMENT LETTER; PROVIDING FOR THE ISSUANCE OF THE SERIES 2008 BONDS IN BOOK-ENTRY-ONL Y FORM; PROVIDING FOR COMPLIANCE WITH A CONTINUING DISCLOSURE CERTIFICATE; APPOINTING A PAYING AGENT AND REGISTRAR; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE ISSUANCE AND DELIVERY OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 4, 2001, the City Council of the City of Clearwater, Florida (the "City" or the "Issuer") enacted Ordinance No. 6873-01 (the "Bond Ordinance") to provide for the issuance of Improvement Revenue Bonds, Series [to be determined] (the "Series 2008 Bonds") payable from City's Public Service Tax (as defined in the Bond Ordinance); and WHEREAS, the City has presently outstanding its Improvement Revenue Refunding Bonds, Series 2001 (the "Series 2001 Bonds"), and through this Resolution intends on issuing its Series 2008 Bonds to fund certain capital costs associated with a beach walk revitalization project in the City's south beach area and for the construction of approximately 140 boat slips and 2,500 feet of side moorings in downtown Clearwater (the "Series 2008 Project"); and WHEREAS, it is in the best interest of the City to provide for the negotiated sale of $12,900,000 of Series 2008 Bonds; and WHEREAS, the Issuer issued a request for proposals ("RFP") to banking institutions on July 1,2008, and received responses thereto on July 15, 2008; and WHEREAS, the Issuer now desires to approve the issuance of its Series 2008 Bonds, to sell its Series 2008 Bonds pursuant to the RFP to Branch Banking and Trust Company, the respondent who provided the lowest cost response to the RFP (the "Bank"), and to take certain other actions in connection with the issuance and sale of the Series 2008 Bonds; and WHEREAS, the Issuer will be provided all applicable disclosure information by the Bank as required by Section 218.385, Florida Statutes; and WHEREAS, this resolution shall constitute a supplemental resolution under the terms of the Bond Ordinance, and all capitalized undefined terms used herein shall have the meanings set forth in the Bond Ordinance; 1 Resolution No. 08-17 Item # 5 Attachment number 1 Page 2 of 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1. This Resolution is adopted pursuant to the provisions of Article VIII, Section 2 of the Constitution of the State of Florida, Chapter 166, Florida Statutes, the Charter of the City of Clearwater, Florida, the Bond Ordinance and other applicable provisions of law. The series of the Improvement Revenue Bonds, Series [to be determined] authorized by the Bond Ordinance are hereby authorized to be issued in a principal amount of not to exceed $12,900,000 pursuant to this Resolution, with such bonds hereby designated as Series 2008 Bonds (the "Series 2008 Bonds"). The Series 2008 Bonds authorized by this Resolution are hereby authorized to be issued as Additional Parity Obligations under the Bond Ordinance. The issuance of not to exceed $12,900,000 of the Series 2008 Bonds by the City is hereby approved upon the terms and conditions set forth in the Bond Ordinance and this Resolution. The provisions of the Bond Ordinance shall be fully applicable to the Series 2008 Bonds and all of the covenants contained in the Bond Ordinance shall be applicable to the Series 2008 Bonds. SECTION 2. The Series 2008 Project, consisting of capital costs associated with a beach walk revitalization project in the City's south beach area and for the construction of approximately 140 boat slips and 2,500 feet of side moorings in downtown Clearwater together with related and subordinate improvements and facilities is hereby authorized to be financed with the proceeds of the Series 2008 Bonds. SECTION 3. It is in the best interest of the Issuer and the residents and inhabitants thereof that the Series 2008 Bonds be issued as fully certificated bonds to the Purchaser. SECTION 4. Due to the present instability in the market for revenue obligations, the critical importance of the timing of the sale of the Bonds and due to the willingness of the Bank to purchase the Series 2008 Bonds at rates favorable to the Issuer, it is hereby determined that it is in the best interest of the public and the Issuer to sell the Series 2008 Bonds at a negotiated sale. The Issuer has received an offer from the Bank to purchase the Series 2008 Bonds, subject to the terms and conditions set forth in the Bank's Commitment (the "Commitment") dated July 15, 2008, attached hereto as Exhibit "A" and incorporated herein by reference, which Commitment is hereby accepted by the City. The principal amount of the bonds shall not exceed (i) the costs of the Series 2008 Project, (ii) capitalized interest, and (iii) a reasonable allowance for the costs of issuing the Bonds as determined by the Finance Director in consultation with the City's financial advisor. The Series 2008 Bonds are hereby sold and awarded to the Bank in accordance with the Commitment at the price of par, and the Mayor and the City Manager are hereby authorized to execute and deliver the Series 2008 Bonds in the form set forth in the Bond Ordinance attested by the City Clerk and approved as to form and legal sufficiency by the City Attorney, receive the purchase price therefor and apply the proceeds thereof as provided herein, without further 2 Resolution No. 08-17 Item # 5 Attachment number 1 Page 3 of 10 authority from this body. The Mayor and the City Manager are authorized to make any and all changes on the form of the Series 2008 Bond which shall be necessary to conform the same to the Commitment of the Bank. Execution of the Bond by the Mayor and the City Manager shall be conclusive evidence of their approval of the form of the Series 2008 Bond. The Bonds shall be payable solely as provided herein. Prior to purchase of the Series 2008 Bonds, the Bank shall execute a Purchaser's Certificate attached hereto as Exhibit B. The disclosure letter as required by Chapter 218, Florida Statutes is attached hereto as Exhibit C. SECTION 5. The Series 2008 Bonds shall be issued in fully registered form, in the form set forth in Section 15 of the Bond Ordinance; shall be dated as of their date of initial issuance; shall be numbered; shall be in a single denomination equal to the principal amount thereof; shall mature on August I, 2028; shall bear interest at the rate of 4.66%, subject to the provision of Section 8 hereof; and such interest to be payable semi-annually on the first (1st) day of each February and August, commencing on February I, 2009. On the date of the issuance of the Bonds, the Issuer shall receive the proceeds thereof and deposit same into the Construction Fund created under the Bond Ordinance. The Series 2008 Bonds shall be subject to optional redemption in whole, but not in part, on any Interest Payment Date prior to their maturity date at a redemption price equal to the principal amount being redeemed together with interest accrued to the date of redemption; provided that if such redemption occurs on or before August I, 2018, the redemption price shall also include a prepayment premium of one percent (1.00%) of the principal amount being redeemed. The Series 2008 Bonds are subject to Amortization Installments in part prior to maturity at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to the redemption date beginning on August I, 2009 and on each August 1 thereafter in the following principal amounts in the years specified: Date Principal Amount Date Principal Amount 8/1/2009 $ 115,000 8/1/2019 $ 670,000 8/1/2010 125,000 8/1/2020 700,000 8/1/2011 465,000 8/1/2021 735,000 8/1/2012 485,000 8/1/2022 770,000 8/1/2013 505,000 8/1/2023 805,000 8/1/2014 535,000 8/1/2024 840,000 8/1/2015 555,000 8/1/2025 880,000 8/1/2016 580,000 8/1/2026 920,000 8/1/2017 610,000 8/1/2027 965,000 8/1/2018 635,000 8/1/2028 1,005,000 Notwithstanding the foregoing, for so long as the Series 2008 Bonds are owned by the Bank, (i) the principal of, redemption price and interest on the Series 2008 Bonds shall be payable to the 3 Resolution No. 08-17 Item # 5 Attachment number 1 Page 4 of 10 Bank on the respective principal and interest payment dates at such address as is provided by the Bank in writing to the Issuer without presentation of the Series 2008 Bonds, and (ii) in the event of a conflict between the terms of the Series 2008 Bonds or this Resolution and the Commitment, the terms and conditions of the Commitment shall control. SECTION 6. The Series 2008 Bonds shall be issued under and secured by the Bond Ordinance and shall be executed and delivered by the Mayor, the City Manager and the City Clerk upon the approval of the City Attorney as to form and legal sufficiency, in substantially the form set forth in the Bond Ordinance, with such additional changes and insertions therein as conform to the provisions of the Commitment and such execution and delivery shall be conclusive evidence of the approval thereof by such officers. SECTION 7. The City's Finance Department is hereby designated and authorized to serve as Paying Agent and Registrar for the Series 2008 Bonds. SECTION 8. The City hereby covenants and agrees that upon a Determillation of Taxability, the interest rate on the Series 2008 Bonds shall be increased to the lesser of (i) the Prime Rate plus two percent (2%) per annum based upon a 360 day year based upon twelve (12) thirty (30) day months, or (ii) the maximum interest rate permitted by applicable law. A Determination of Taxability shall mean interest on the Series 2008 Bond is determined or declared, by the Internal Revenue Service or a court of competent jurisdiction, to be includable in the gross income of the holder thereof for federal income tax purposes under the Code. Prime Rate shall mean the rate published by the Bank from time to time and designated as its Prime Rate. SECTION 9. For purposes hereof, the Reserve Requirement (as defined in the Bond Ordinance) for the Series 2008 Bonds shall be $0.00. SECTION 10. All prior resolutions of the Issuer inconsistent with the provisions of this resolution are hereby modified, supplemented and amended to conform with the provisions herein contained and except as otherwise modified, supplemented and amended hereby shall remain in full force and effect. SECTION 11. The Mayor, or in his absence the Vice Mayor, the City Manager, the Finance Director, the City Attorney and the City Clerk or any other appropriate officers of the Issuer are hereby authorized and directed to execute any and all certifications or other instruments or docu- ments required by the Resolution, the Commitment or any other document referred to above as a prerequisite or precondition to the issuance of the Series 2008 Bonds and any such representation made therein shall be deemed to be made on behalf of the Issuer. In the event both the Mayor and the Vice Mayor are unable to execute the documents related to the Series 2008 Bonds, then any other member of the City Council shall be authorized to execute such documents with the full force and effect as if the Mayor or the Vice Mayor had executed same. All action taken to date by the officers of the Issuer in furtherance of the issuance of the Series 2008 Bonds is hereby approved, confirmed 4 Resolution No. 08-17 Item # 5 Attachment number 1 Page 5 of 10 and ratified. SECTION 12. This resolution shall become effective immediately upon its adoption. Passed and adopted by the City Council of the City of Clearwater, Florida, this 7th day of August, 2008. (SEAL) By: Mayor ATTEST: City Clerk Approved as to form and legal sufficiency: City Attorney 5 Resolution No. 08-17 Item # 5 Attachment number 1 Page 6 of 10 EXHIBIT A COMMITMENT Resolution No. 08-17 Item # 5 Attachment number 1 Page 7 of 10 EXHIBIT B FORM OF PURCHASER CERTIFICATE Mayor and City Council City of Clearwater Clearwater, Florida Ladies and Gentlemen: This Certificate is being executed and delivered by the undersigned as purchaser (the "Pur- chaser") to the City of Clearwater, Florida (the "City"), in connection with the issuance, sale and delivery of the City's Improvement Revenue Bonds, Series 2008 (the "Bonds") to the Purchaser, in accordance with the terms of the Purchaser's Commitment to the City dated July 15, 2008, being issued pursuant to Ordinance No. 6873-01 (the "Bond Ordinance") and Resolution No. 08-17 (the "Resolution") to fund certain capital costs associated with a beach walk revitalization project in the City's south beach area and for the construction of approximately 140 boat slips and 2,500 feet of side moorings in downtown Clearwater. Terms defined in the Resolution are used in this letter with the meanings assigned to them in the Bond Ordinance and the Resolution. The undersigned hereby represents, warrants and agrees to and with the City that: 1. The Purchaser is an accredited investor as such term is defined in the Securities Act of 1933 and Regulation D issued pursuant thereto, a principal part of whose business consists of buying securities such as the Bonds and which is a bank, savings institution, trust company, insurance company, investment company as defined in the Investment Company Act of 1940, pension or profit-sharing trust or other financial institution or institutional buyer or a broker dealer. 2. The Purchaser has received copies of the Bond Ordinance and the Resolution and certain of the other documents or instruments being delivered in connection with the issuance of the Bonds, and said documents are in form and substance satisfactory to the Purchaser and its counsel. 3. The Purchaser has conducted its own investigations, to the extent it deems satisfactory or sufficient into matters relating to the business, properties, management, and financial position and results of operations of the City. 4. The Purchaser understands that the Bonds are not registered under the Securities Act of 1933, as amended. The Purchaser is purchasing the Bonds for its own account for invesbnent and not with a view to, and with no present intention of, distributing or reselling the Bonds or any portion thereof, providing that the Purchaser reserves the right to transfer any or all of the Bonds purchased or any interest therein at any time and in our sole discretion and, in the event that we so transfer Bonds, we assume the responsibility for complying with any applicable federal and state securities laws and the terms of the Indenture. Resolution No. 08-17 Item # 5 Attachment number 1 Page 8 of 10 The Purchaser understands and agrees that the foregoing representations will be relied upon by the City in the issuance of the Bonds. Very truly yours, BRANCH BANKING AND TRUST COMPANY, as Purchaser By: Name: Title: Resolution No. 08-17 Item # 5 Attachment number 1 Page 9 of 10 EXHIBIT C FORM OF DISCLOSURE LETTER Mayor and City Council City of Clearwater Clearwater, Florida Ladies and Gentlemen: 1. An itemized list setting forth the nature and estimated amounts of expenses to be incurred by Branch Banking and Trust Company, as the original purchaser (the "Purchaser") in connection with the issuance of $12,900,000 in aggregate principal amount of the City of Clearwater, Florida Improvement Revenue Bonds, Series 2008 (the "Bonds") is attached as Schedule I hereto. 2. No compensation was paid to any finders, as defined in Section 218.386, Florida Statutes, as amended, in connection with the issuance of the Bonds. 3. the Bonds. Underwriting fees in the amount of $14,000 are expected to be realized in the sale of 4. The Bonds are being placed with the Purchaser, as the original purchaser thereof, and no management fee is being charged. 5. No other fee, bonus or other compensation is to be paid by the Purchaser in connection with the Bond issue to any person not regularly employed or retained by them, except for compensation of $5,000 to Greenberg Traurig, P.A., in their capacity as counsel to the Purchaser, which amount is being paid by the Purchaser. 6. There were no underwriters involved in the placement of the Bonds to the Purchaser. 7. (a) The City is proposing to issue $12,900,000 aggregate principal amount of debt or obligations for the purpose of financing the acquisition and construction of certain capital improvements. This debt or obligation is expected to be repaid over a period of 20 years. At a forecasted true interest cost rate of 4.66%, total interest paid over the life of the debt or obligation will be $7,501,706.84. (b) The source of repayment for this issue is the Public Service Tax Revenues of the City. Authorizing this debt will result in approximately $1,020,085 of such revenues of the City not being available to finance other services of the City each year for 20 years. Resolution No. 08-17 Item # 5 Attachment number 1 Page 10 of 10 We understand that you do not require any further disclosure from the Purchaser, pursuant to Section 218.385, Florida Statutes, as amended. BRANCH BANKING AND TRUST COMPANY By: Its: Resolution No. 08-17 Item # 5 N' ;::: ;::: .g ~ 8 N ~ s~q~~,I:'-.,~ ___",""Lf")Oo,.,l:'-. ... o~r:::(f)o\~ = .~ N" ~ ~ ~" ~ ~~g ffHh sC) rfl ~ ~ ;::: .s: i1i 0 C0 0- P..: ~8 0 rl 0\ 0 o~ ...O'rl"O' ':'o~~~~~ =.~~~~~~ ~~g ffHh sC) rfl ::58 C0"'1' ~~q~~~~ ~ .-; ~ ~ rl' 1:'-.' ~ ~~o-\ONrl,,- ~ "ti ~' ~ :3 ~ ~ ~<f'f <f'f<f'f .... os C .g ~ 8 >2 ~ lB >2 ~-~U-)b ""~ ~:;~gjK2~iJ;~ '- u ~ N' ~ :3 ;:::, ~ o 0 rl <f'f <f'f ~ :r:<f'f ;::: os ~ ;::l os ~ ~~~o ~N .5 ~ 8. 0'2 "I. ~ 0'2 8.~ ~ 0 \0 "- * <5~<X(:q8~\C; '- .... ~ N "'1' rl' \!5 "'1' oo..og <f'f<f'f -a :c os ~ , OIJOIJ ;::: ;::: 'u :Eo ;::: .... os 0; ;:::"0 .~ ;::: ....;:l "0 0 15 z ~ o o o o :' rl <f'f "-0 ~~~ o~~ rlC0,,- rl N . rl' ,,-' "'1' <f'f <f'f OIJ ;::: .u "0 ;::: 0; a ~ ~~ "0< ;::: o ~ o o q o L1") C'{ "'1' rl <f'f o rl ~~,,~ L1")"-~ ~~~ rl' ,,-' "'1' <f'f <f'f Q) ~ .~ 8 "dJ;.....1!J ~ ..... 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Q)"'pQ)" 'ooZ ~",~E-<NC0 .Ben lB.r<f'f<f'f ;: Cil ..;::: .10 ~j~~ 00 N o N "-. rl "-. N 00 rl o ~ 00 rl<r:~Ql<r:>< ~ '-- 0 rl" '-- ~ aZooL1")Zrl rl rl <f'f <f'f ~ 00 N o ~ rl "-. N 00 rl o ~ L1")N rl<r:"-o<r:>< ~"-.~:3-"-.~ aZ"-L1")Zrl rl rl <f'f <f'f ~ l ~ ~ c:lKj ~ ;:::E-< 8:l S'Il '"" Q) '" ""2 ~ ~.;, 0 ;::: i1J .. ~o:l o~o""";..l~ca Rou]~ 5 aU [l"d s..:.P a~6S~~ :>, 1 ~ "'1' cri C0 <f'f R .1 ~ >< L1") C0 rl Q) ..0 .8 ] irl .[ ~ c:l s .r >< L1") C0 rl &l .[ & -l@ o ..0 ~o- ;:::0 o~ Kj rl' .i i 1& .-;; ~ i.j ~ .~ 8 1 ~rl <i: i:i ..... Bb :;14 ~ ~ .;s<r: ..:;< :.e~ ~ .;: ~ ~irl c:l ~ ~ ~ ~ ~'"" ~ >': rl ;::: ~ ::l <f'fO,"" :;, O~;:::L1")"8 "d~Orl,...., j~'i~.g .i.~ ~ <r: ] 8~Q)'il19 ~ ~ ~ ~ .~ B .l!J .l!Jl.Q ~ ~ l ~ ~ '" ~.u .0 [~ ~ ~ ~..... a ~ ~ ~ ~ .0 E-< "d ;:::J ~ .@ B S <T::.....,p.,CIlo:l .... ..8 1 '0 '" "8 .;14 Q) j Attachment number 2 Page 1 of 1 Item # 5 TABLE OF CONTENTS City of Clearwater, Florida (BB&T) 2008 Boatslip & Beachwalk Financing Report Sources and Uses of Funds Bond Pricing Bond Debt Service Net Debt Service Bond Summary Statistics Cost of Issuance Sources and Uses of Funds Bond Pricing Bond Debt Service Net Debt Service Bond Summary Statistics Sources and Uses of Funds Bond Pricing Bond Debt Service Net Debt Service Bond Summary Statistics Attachment number 3 Page 1 of 17 Page 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury Item # 5 (Finance 6.006 beachwalk analysis:2008FIN) SOURCES AND USES OF FUNDS City of Clearwater, Florida (BB&T) 2008 Boatslip & Beachwalk Financing 2008VII 2008VI2 Total 9,135,000.00 3,765,000.00 12,900,000.00 9,135,000.00 3,765,000.00 12,900,000.00 2008VII 2008VI2 Total 8,250,000.00 8,250,000.00 3,750,000.00 3,750,000.00 8,250,000.00 3,750,000.00 12,000,000.00 838,374.78 838,374.78 44,560.00 15,000.00 59,560.00 2,065.22 2,065.22 9,135,000.00 3,765,000.00 12,900,000.00 Sources: Bond Proceeds: Par Amount Uses: Project Fund Deposits: Boatslip Project Fund Beach Walk Project Fund Other Fund Deposits: Capitalized Interest Fund Delivery Date Expenses: Cost of Issuance Other Uses of Funds: Additional Proceeds Attachment number 3 Page 2 of 17 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury Item # 5 (Finance 6.006 beachwalk analysis:2008FIN) Page I BOND PRICING City of Clearwater, Florida (BB&T) 2008 Boatslip & Beachwalk Financing Bond Component Maturity Date Serial Bond: 08/0112009 08/011201 0 08/0112011 08/0112012 08/0112013 08/0112014 08/0112015 08/0112016 08/0112017 08/0112018 08/0112019 08/0112020 08/0112021 08/0112022 08/0112023 08/0112024 08/0112025 08/0112026 08/0112027 08/0112028 Dated Date Deli very Date First Coupon Par Amount Original Issue Discount Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds Amount Rate Yield Price 115,000 4.660% 4.660% 100.000 125,000 4.660% 4.660% 100.000 465,000 4.660% 4.660% 100.000 485,000 4.660% 4.660% 100.000 505,000 4.660% 4.660% 100.000 535,000 4.660% 4.660% 100.000 555,000 4.660% 4.660% 100.000 580,000 4.660% 4.660% 100.000 610,000 4.660% 4.660% 100.000 635,000 4.660% 4.660% 100.000 670,000 4.660% 4.660% 100.000 700,000 4.660% 4.660% 100.000 735,000 4.660% 4.660% 100.000 770,000 4.660% 4.660% 100.000 805,000 4.660% 4.660% 100.000 840,000 4.660% 4.660% 100.000 880,000 4.660% 4.660% 100.000 920,000 4.660% 4.660% 100.000 965,000 4.660% 4.660% 100.000 1,005,000 4.660% 4.660% 100.000 12,900,000 08/12/2008 08/12/2008 02/0112009 12,900,000.00 12,900,000.00 100.000000% 12,900,000.00 100.000000% 12,900,000.00 Attachment number 3 Page 3 of 17 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury Item # 5 (Finance 6.006 beachwalk analysis:2008FIN) Page 2 Attachment number 3 Page 4 of 17 BOND DEBT SERVICE City of Clearwater, Florida (BB&T) 2008 Boatslip & Beachwalk Financing Period Bond Total Ending Principal Coupon Interest Debt Service Balance Bond Value 08/0112009 115,000 4.660% 582,771.84 697,771.84 12,785,000 12,785,000 08/011201 0 125,000 4.660% 595,781.00 720,781.00 12,660,000 12,660,000 08/0112011 465,000 4.660% 589,956.00 1,054,956.00 12,195,000 12,195,000 08/0112012 485,000 4.660% 568,287.00 1,053,287.00 11,710,000 11,710,000 08/0112013 505,000 4.660% 545,686.00 1,050,686.00 11,205,000 11,205,000 08/0112014 535,000 4.660% 522,153.00 1,057,153.00 10,670,000 10,670,000 08/0112015 555,000 4.660% 497,222.00 1,052,222.00 10,115,000 10,115,000 08/0112016 580,000 4.660% 471,359.00 1,051,359.00 9,535,000 9,535,000 08/0112017 610,000 4.660% 444,331.00 1,054,331.00 8,925,000 8,925,000 08/0112018 635,000 4.660% 415,905.00 1,050,905.00 8,290,000 8,290,000 08/0112019 670,000 4.660% 386,314.00 1,056,314.00 7,620,000 7,620,000 08/0112020 700,000 4.660% 355,092.00 1,055,092.00 6,920,000 6,920,000 08/0112021 735,000 4.660% 322,472.00 1,057,472.00 6,185,000 6,185,000 08/0112022 770,000 4.660% 288,221.00 1,058,221.00 5,415,000 5,415,000 08/0112023 805,000 4.660% 252,339.00 1,057,339.00 4,610,000 4,610,000 08/0112024 840,000 4.660% 214,826.00 1,054,826.00 3,770,000 3,770,000 08/0112025 880,000 4.660% 175,682.00 1,055,682.00 2,890,000 2,890,000 08/0112026 920,000 4.660% 134,674.00 1,054,674.00 1,970,000 1,970,000 08/0112027 965,000 4.660% 91,802.00 1,056,802.00 1,005,000 1,005,000 08/0112028 1,005,000 4.660% 46,833.00 1,051,833.00 12,900,000 7,501,706.84 20,401 ,706.84 Item # 5 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury (Finance 6.006 beachwalk analysis:2008FIN) Page 3 Period Ending NET DEBT SERVICE City of Clearwater, Florida (BB&T) 2008 Boatslip & Beachwalk Financing Total Debt Service Capitalized Interest Fund Attachment number 3 Page 5 of 17 Net Debt Service 08/0112009 08/011201 0 08/0112011 08/0112012 08/0112013 08/0112014 08/0112015 08/0112016 08/0112017 08/0112018 08/0112019 08/0112020 08/0112021 08/0112022 08/0112023 08/0112024 08/0112025 08/0112026 08/0112027 08/0112028 697,771.84 720,781.00 1,054,956.00 1,053,287.00 1,050,686.00 1,057,153.00 1,052,222.00 1,051,359.00 1,054,331.00 1,050,905.00 1,056,314.00 1,055,092.00 1,057,472.00 1,058,221.00 1,057,339.00 1,054,826.00 1,055,682.00 1,054,674.00 1,056,802.00 1,051,833.00 412,683.78 425,691.00 285,088.06 295,090.00 1,054,956.00 1,053,287.00 1,050,686.00 1,057,153.00 1,052,222.00 1,051,359.00 1,054,331.00 1,050,905.00 1,056,314.00 1,055,092.00 1,057,472.00 1,058,221.00 1,057,339.00 1,054,826.00 1,055,682.00 1,054,674.00 1,056,802.00 1,051,833.00 20,401 ,706 .84 838,374.78 19,563,332.06 Item # 5 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury (Finance 6.006 beachwalk analysis:2008FIN) Page 4 BOND SUMMARY STATISTICS City of Clearwater, Florida (BB&T) 2008 Boatslip & Beachwalk Financing Dated Date Delivery Date Last Maturity 08/12/2008 08/12/2008 08/01/2028 Arbitrage Yield True Interest Cost (TIC) Net Interest Cost (NIC) All-In TIC Average Coupon 4.660168% 4.660168% 4.660000% 4.711565% 4.660000% Average Life (years) Duration ofIssue (years) 12.479 9.223 Par Amount Bond Proceeds T otallnterest Net Interest Total Debt Service Maximum Annual Debt Service Average Annual Debt Service 12,900,000.00 12,900,000.00 7,501,706.84 7,501,706.84 20,401 ,706.84 1,058,221.00 1,021,646.19 Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 100.000000 Bond Component Par Average Average PV of I bp Value Price Coupon Life change 12,900,000.00 100.000 4.660% 12.479 11,635.55 12,900,000.00 12.479 11,635.55 All-In Arbitrage TIC TIC Yield 12,900,000.00 12,900,000.00 12,900,000.00 Serial Bond Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost ofIssuance Expense - Other Amounts (59,560.00) Target Value 12,900,000.00 12,840,440.00 12,900,000.00 Target Date Yield 08/12/2008 4.660168% 08/12/2008 4.660168% 08/12/2008 4.711565% Attachment number 3 Page 6 of 17 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury Item # 5 (Finance 6.006 beachwalk analysis:2008FIN) Page 5 COST OF ISSUANCE City of Clearwater, Florida (BB&T) 2008 Boatslip & Beachwalk Financing Cost of Issuance $/1000 Amount FA Fee BC Fee BC Expenses Greenberg Fee BB&T Fee 1.55039 1.40000 0.19380 0.31008 1.16279 Attachment number 3 Page 7 of 17 20,000.00 18,060.00 2,500.00 4,000.00 15,000.00 4.61705 59,560.00 Item # 5 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury (Finance 6.006 beachwalk analysis:2008FIN) Page 6 SOURCES AND USES OF FUNDS City of Clearwater, Florida (BB&T) Boatslip Project, Series 2008 Sources: Attachment number 3 Page 8 of 17 9,135,000.00 Bond Proceeds: Par Amount 9,135,000.00 Uses: Project Fund Deposits: Boatslip Project Fund 8,250,000.00 Other Fund Deposits: Capitalized Interest Fund Delivery Date Expenses: Cost of Issuance Other Uses of Funds: Additional Proceeds 838,374.78 44,560.00 2,065.22 9,135,000.00 Item # 5 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury (Finance 6.006 beachwalk analysis:2008FIN) Page 7 Attachment number 3 Page 9 of 17 BOND PRICING City of Clearwater, Florida (BB&T) Boatslip Project, Series 2008 Bond Component Maturity Date Serial Bond: 08/0112009 08/011201 0 08/0112011 08/0112012 08/0112013 08/0112014 08/0112015 08/0112016 08/0112017 08/0112018 08/0112019 08/0112020 08/0112021 08/0112022 08/0112023 08/0112024 08/0112025 08/0112026 08/0112027 08/0112028 Dated Date Deli very Date First Coupon Par Amount Original Issue Discount Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds Amount Rate Yield Price 4.660% 4.660% 100.000 4.660% 4.660% 100.000 335,000 4.660% 4.660% 100.000 350,000 4.660% 4.660% 100.000 365,000 4.660% 4.660% 100.000 385,000 4.660% 4.660% 100.000 400,000 4.660% 4.660% 100.000 420,000 4.660% 4.660% 100.000 440,000 4.660% 4.660% 100.000 460,000 4.660% 4.660% 100.000 485,000 4.660% 4.660% 100.000 505,000 4.660% 4.660% 100.000 530,000 4.660% 4.660% 100.000 555,000 4.660% 4.660% 100.000 580,000 4.660% 4.660% 100.000 605,000 4.660% 4.660% 100.000 635,000 4.660% 4.660% 100.000 665,000 4.660% 4.660% 100.000 695,000 4.660% 4.660% 100.000 725,000 4.660% 4.660% 100.000 9,135,000 08/12/2008 08/12/2008 02/0112009 9,135,000.00 9,135,000.00 100.000000% 9,135,000.00 100.000000% 9,135,000.00 Item # 5 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury (Finance 6.006 beachwalk analysis:2008FIN) Page 8 Attachment number 3 Page 10 of 17 BOND DEBT SERVICE City of Clearwater, Florida (BB&T) Boatslip Project, Series 2008 Period Bond Total Ending Principal Coupon Interest Debt Service Balance Bond Value 08/0112009 412,683.78 412,683.78 9,135,000 9,135,000 08/011201 0 425,691.00 425,691.00 9,135,000 9,135,000 08/0112011 335,000 4.660% 425,691.00 760,691.00 8,800,000 8,800,000 08/0112012 350,000 4.660% 410,080.00 760,080.00 8,450,000 8,450,000 08/0112013 365,000 4.660% 393,770.00 758,770.00 8,085,000 8,085,000 08/0112014 385,000 4.660% 376,761.00 761,761.00 7,700,000 7,700,000 08/0112015 400,000 4.660% 358,820.00 758,820.00 7,300,000 7,300,000 08/0112016 420,000 4.660% 340,180.00 760,180.00 6,880,000 6,880,000 08/0112017 440,000 4.660% 320,608.00 760,608.00 6,440,000 6,440,000 08/0112018 460,000 4.660% 300,104.00 760,104.00 5,980,000 5,980,000 08/0112019 485,000 4.660% 278,668.00 763,668.00 5,495,000 5,495,000 08/0112020 505,000 4.660% 256,067.00 761,067.00 4,990,000 4,990,000 08/0112021 530,000 4.660% 232,534.00 762,534.00 4,460,000 4,460,000 08/0112022 555,000 4.660% 207,836.00 762,836.00 3,905,000 3,905,000 08/0112023 580,000 4.660% 181,973.00 761,973.00 3,325,000 3,325,000 08/0112024 605,000 4.660% 154,945.00 759,945.00 2,720,000 2,720,000 08/0112025 635,000 4.660% 126,752.00 761,752.00 2,085,000 2,085,000 08/0112026 665,000 4.660% 97,161.00 762,161.00 1,420,000 1,420,000 08/0112027 695,000 4.660% 66,172.00 761,172.00 725,000 725,000 08/0112028 725,000 4.660% 33,785.00 758,785.00 9,135,000 5,400,281.78 14,535,281.78 Item # 5 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury (Finance 6.006 beachwalk analysis:2008FIN) Page 9 Attachment number 3 Page 11 of 17 NET DEBT SERVICE City of Clearwater, Florida (BB&T) Boatslip Project, Series 2008 Period Total Capitalized Net Ending Debt Service Interest Fund Debt Service 08/01/2009 412,683.78 412,683.78 08/01/2010 425,691.00 425,691.00 08/01/20 II 760,691.00 760,691 08/01/2012 760,080.00 760,080 08/01/2013 758,770.00 758,770 08/01/2014 761,761.00 761,761 08/01/2015 758,820.00 758,820 08/01/2016 760,180.00 760,180 08/01/2017 760,608.00 760,608 08/01/2018 760,104.00 760,104 08/01/2019 763,668.00 763,668 08/01/2020 761,067.00 761,067 08/01/2021 762,534.00 762,534 08/01/2022 762,836.00 762,836 08/01/2023 761,973.00 761,973 08/01/2024 759,945.00 759,945 08/01/2025 761,752.00 761,752 08/01/2026 762,161.00 762,161 08/01/2027 761,172.00 761,172 08/01/2028 758,785.00 758,785 14,535,281.78 838,374.78 13,696,907 Item # 5 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury (Finance 6.006 beachwalk analysis:2008FIN) Page 10 BOND SUMMARY STATISTICS City of Clearwater, Florida (BB&T) Boatslip Project, Series 2008 Dated Date Delivery Date Last Maturity 08/12/2008 08/12/2008 08/01/2028 Arbitrage Yield True Interest Cost (TIC) Net Interest Cost (NIC) All-In TIC Average Coupon 4.660168% 4.660165% 4.660000% 4.713625% 4.660000% Average Life (years) Duration ofIssue (years) 12.686 9.369 Par Amount Bond Proceeds T otallnterest Net Interest Total Debt Service Maximum Annual Debt Service Average Annual Debt Service 9,135,000.00 9,135,000.00 5,400,281.78 5,400,281.78 14,535,281.78 763,668.00 727,876.12 Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 100.000000 Bond Component Par Average Average PV of I bp Value Price Coupon Life change 9,135,000.00 100.000 4.660% 12.686 8,370.50 9,135,000.00 12.686 8,370.50 All-In Arbitrage TIC TIC Yield 9,135,000.00 9,135,000.00 9,135,000.00 Serial Bond Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost ofIssuance Expense - Other Amounts (44,560.00) Target Value 9,135,000.00 9,090,440.00 9,135,000.00 Target Date Yield 08/12/2008 4.660165% 08/12/2008 4.660168% 08/12/2008 4.713625% Attachment number 3 Page 12 of 17 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury Item # 5 (Finance 6.006 beachwalk analysis:2008FIN) Page II SOURCES AND USES OF FUNDS City of Clearwater, Florida (BB&T) Beach Walk Project, Series 2008 Sources: Attachment number 3 Page 13 of 17 3,765,000.00 Bond Proceeds: Par Amount 3,765,000.00 Uses: Project Fund Deposits: Beach Walk Project Fund 3,750,000.00 Delivery Date Expenses: Cost of Issuance 15,000.00 3,765,000.00 Item # 5 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury (Finance 6.006 beachwalk analysis:2008FIN) Page 12 Attachment number 3 Page 14 of 17 BOND PRICING City of Clearwater, Florida (BB&T) Beach Walk Project, Series 2008 Bond Component Maturity Date Serial Bond: 08/0112009 08/011201 0 08/0112011 08/0112012 08/0112013 08/0112014 08/0112015 08/0112016 08/0112017 08/0112018 08/0112019 08/0112020 08/0112021 08/0112022 08/0112023 08/0112024 08/0112025 08/0112026 08/0112027 08/0112028 Dated Date Deli very Date First Coupon Par Amount Original Issue Discount Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds Amount Rate Yield Price 115,000 4.660% 4.660% 100.000 125,000 4.660% 4.660% 100.000 130,000 4.660% 4.660% 100.000 135,000 4.660% 4.660% 100.000 140,000 4.660% 4.660% 100.000 150,000 4.660% 4.660% 100.000 155,000 4.660% 4.660% 100.000 160,000 4.660% 4.660% 100.000 170,000 4.660% 4.660% 100.000 175,000 4.660% 4.660% 100.000 185,000 4.660% 4.660% 100.000 195,000 4.660% 4.660% 100.000 205,000 4.660% 4.660% 100.000 215,000 4.660% 4.660% 100.000 225,000 4.660% 4.660% 100.000 235,000 4.660% 4.660% 100.000 245,000 4.660% 4.660% 100.000 255,000 4.660% 4.660% 100.000 270,000 4.660% 4.660% 100.000 280,000 4.660% 4.660% 100.000 3,765,000 08/12/2008 08/12/2008 02/0112009 3,765,000.00 3,765,000.00 100.000000% 3,765,000.00 100.000000% 3,765,000.00 Item # 5 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury (Finance 6.006 beachwalk analysis:2008FIN) Page 13 Attachment number 3 Page 15 of 17 BOND DEBT SERVICE City of Clearwater, Florida (BB&T) Beach Walk Project, Series 2008 Period Bond Total Ending Principal Coupon Interest Debt Service Balance Bond Value 08/0112009 115,000 4.660% 170,088.06 285,088.06 3,650,000 3,650,000 08/011201 0 125,000 4.660% 170,090.00 295,090.00 3,525,000 3,525,000 08/0112011 130,000 4.660% 164,265.00 294,265.00 3,395,000 3,395,000 08/0112012 135,000 4.660% 158,207.00 293,207.00 3,260,000 3,260,000 08/0112013 140,000 4.660% 151,916.00 291,916.00 3,120,000 3,120,000 08/0112014 150,000 4.660% 145,392.00 295,392.00 2,970,000 2,970,000 08/0112015 155,000 4.660% 138,402.00 293,402.00 2,815,000 2,815,000 08/0112016 160,000 4.660% 131,179.00 291,179.00 2,655,000 2,655,000 08/0112017 170,000 4.660% 123,723.00 293,723.00 2,485,000 2,485,000 08/0112018 175,000 4.660% 115,801.00 290,801.00 2,310,000 2,310,000 08/0112019 185,000 4.660% 107,646.00 292,646.00 2,125,000 2,125,000 08/0112020 195,000 4.660% 99,025.00 294,025.00 1,930,000 1,930,000 08/0112021 205,000 4.660% 89,938.00 294,938.00 1,725,000 1,725,000 08/0112022 215,000 4.660% 80,385.00 295,385.00 1,510,000 1,510,000 08/0112023 225,000 4.660% 70,366.00 295,366.00 1,285,000 1,285,000 08/0112024 235,000 4.660% 59,881.00 294,881.00 1,050,000 1,050,000 08/0112025 245,000 4.660% 48,930.00 293,930.00 805,000 805,000 08/0112026 255,000 4.660% 37,513.00 292,513.00 550,000 550,000 08/0112027 270,000 4.660% 25,630.00 295,630.00 280,000 280,000 08/0112028 280,000 4.660% 13,048.00 293,048.00 3,765,000 2,101,425.06 5,866,425.06 Item # 5 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury (Finance 6.006 beachwalk analysis:2008FIN) Page 14 NET DEBT SERVICE City of Clearwater, Florida (BB&T) Beach Walk Project, Series 2008 Period Ending Total Debt Service Net Debt Service 08/0112009 08/011201 0 08/0112011 08/0112012 08/0112013 08/0112014 08/0112015 08/0112016 08/0112017 08/0112018 08/0112019 08/0112020 08/0112021 08/0112022 08/0112023 08/0112024 08/0112025 08/0112026 08/0112027 08/0112028 285,088.06 295,090.00 294,265.00 293,207.00 291,916.00 295,392.00 293,402.00 291,179.00 293,723.00 290,801.00 292,646.00 294,025.00 294,938.00 295,385.00 295,366.00 294,881.00 293,930.00 292,513.00 295,630.00 293,048.00 285,088.06 295,090.00 294,265.00 293,207.00 291,916.00 295,392.00 293,402.00 291,179.00 293,723.00 290,801.00 292,646.00 294,025.00 294,938.00 295,385.00 295,366.00 294,881.00 293,930.00 292,513.00 295,630.00 293,048.00 5,866,425.06 5,866,425.06 Attachment number 3 Page 16 of 17 Item # 5 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury (Finance 6.006 beachwalk analysis:2008FIN) Page 15 BOND SUMMARY STATISTICS City of Clearwater, Florida (BB&T) Beach Walk Project, Series 2008 Dated Date Delivery Date Last Maturity 08/12/2008 08/12/2008 08/01/2028 Arbitrage Yield True Interest Cost (TIC) Net Interest Cost (NIC) All-In TIC Average Coupon 4.660168% 4.660174% 4.660000% 4.706288% 4.660000% Average Life (years) Duration ofIssue (years) II. 977 8.867 Par Amount Bond Proceeds T otallnterest Net Interest Total Debt Service Maximum Annual Debt Service Average Annual Debt Service 3,765,000.00 3,765,000.00 2,101,425.06 2,101,425.06 5,866,425.06 295,630.00 293,770.07 Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 100.000000 Bond Component Par Average Average PV of I bp Value Price Coupon Life change 3,765,000.00 100.000 4.660% 11.977 3,265.05 3,765,000.00 11.977 3,265.05 All-In Arbitrage TIC TIC Yield 3,765,000.00 3,765,000.00 3,765,000.00 Serial Bond Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost ofIssuance Expense - Other Amounts ( 15,000.00) Target Value 3,765,000.00 3,750,000.00 3,765,000.00 Target Date Yield 08/12/2008 4.660174% 08/12/2008 4.660168% 08/12/2008 4.706288% Attachment number 3 Page 17 of 17 Ju121,2008 12:17 pm Prepared by Raymond James / msansbury Item # 5 (Finance 6.006 beachwalk analysis:2008FIN) Page 16 .. -I 1::: ~~ ~ ~~ ~ gggggggggggggggggggggggggggggggggggggggg ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN .. -I 1::: ~~ LI ~~ a~ ~ .. -I i::: ~~ ~ .1 :11;; a~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ rnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrn gggggggggggggggggggggggggggggggggggggggg ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ gggggggggggggggggggggggggggggggggggggggg 0000000000000000000000000000000000000000 rnooooooooooooooooooooooooooooooooooooooo ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ E o m u [ 1:~ ~~ ~ g 2 ;g~ .....1: "<t_oo_ ~E~;':!;! o"t. ~ '<t ~ ! -.!: '" !!1U1ij ~ ~8 o j ~~;: ~~ ~ u C C . . .l~ ~ ~ ~~ u~ '" ~ I Attachment number 4 Page 1 of 1 ~ - ~ c ~ - [ - Attachment number 5 Page 1 of 4 BB&T BB& T Governmental Finance P.O. Box 714 Columbia, S.C. 29202 (803) 251-1328 Fax (803) 251-1329 July 15, 2008 (Revised July 23, 2008) Mr. Matthew Sansbury Vice President Raymond James & Associates, Inc. 880 Carillon Parkway St. Petersburg, FL 33716 Dear Mr. Sansbury: Branch Banking and Trust Company ("BB&T") is pleased to offer this proposal for the financing requested by the City of Clemwater ("City"). (1) Project: Improvement Revenue Bonds, Series 2008 (2) Amount To Be Financed: Not to exceed $12,900,000.00 (3) Interest Rates, Financing Terms and Corresponding Payments: Term NBQ rate 20 years 4.66 % Semi annual interest payments shall be due commencing February 1, 2009 and continue each August 1 and February 1 thereafter through maturity. Annual principal payments shall be due commencing August 1, 2009 and continue each August 1 thereafter through maturity. Interest shall accrue on the Bonds on the basis of a 360-day year consisting of twelve (12) 30-day months with no compounding. The interest rate stated above is valid for a closing not later than 45 days after today (the original date of proposal). Closing of the financing is contingent upon completing documentation acceptable to BB&T and its counsel. Remuneration for our legal review expenses and undelWriting for this financing transaction shall be $19,000. All applicable costs of counsel for the City and any other costs shall be the City's responsibility and separately payable by the City. The financing documents shall allow for the prepayment of the principal balance in whole on a scheduled payment date within the first 10 years of the financing agreement with a 1 % prepayment premium. After the first 10 years the financing documents shall allow for the prepayment of the principal balance in whole on a scheduled payment date without penalty. BB&T will require a provision (acceptable to BB&T) be provided in the loan documents in the event that at any time this transaction is determined to be taxable in accordance with the Internal Revenue Service code. Item # 5 Attachment number 5 Page 2 of 4 The stated interest rate assumes that the City expects to borrow more than $10,000,000 in calendar year 2008 and that the financing shall comply with the IRS Code Sections 141, 148 and 149( e). The Bonds shall comply with all Florida State statutes. BB&T reserves the right to terminate its interest in this bid or to negotiate a mutually acceptable rate if the financing is not a qualified tax-exempt financing. (4) Financing Documents: It shall be the responsibility of the City to retain and compensate counsel to appropriately structure the Bonds. BB&T shall also require the City to provide an unqualified bond counsel opinion. BB&T and its counsel reserve the right to review and approve all documentation before closing. (5) Security: The Bonds shall be secured by the City's Public Service Tax revenues. * * * * * * BB&T appreciates the opportunity to make this financing proposal and requests to be notified within ten days of this proposal should BB&T be the successful proposer. BB&T shall have the right to cancel this offer by notifying the City of its election to do so (whether or not this offer has previously been accepted by the City) if at any time prior to the closing there is a material adverse change in the City's financial condition, if we discover adverse circumstances of which we are currently unaware, if we are unable to agree on acceptable documentation with the City or if there is a change in law (or proposed change in law) that changes the economic effect of this financing to BB&T. We reserve the right to negotiate and/or terminate our interest in this transaction should we be the successful proposer. Please call me at (803) 251-1328 with your questions and comments or contact Michael C. Smith in our Orlando, FL office at: 255 South Orange Avenue Orlando, FL 32801 Phone: 407.241.3570 Fax: 877.320.4453 Email: mcsmith@bbandt.com We look forward to hearing from you. Sincerely, BRANCH BANKING AND TRUST COMPANY ! Andrew G. Smith Senior Vice President Item # 5 Attachment number 5 Page 3 of 4 City of Clearwater, FL $12,900,000 Improvement Revenue Bonds, Series 2008 Rate Period: Semiannual Nominal Annual Rate: 4.660% AMORTIZATION SCHEDULE - U.S. Rule (no compounding), 360 Day Year Date Payment Interest Principal Balance Loan 8/12/2008 12,900,000.00 2008 Totals 0.00 0.00 0.00 1 1/9/2009 282,201.84 282,201.84 0.00 12,900,000.00 2 8/1/2009 415,570.00 300,570.00 115,000.00 12,785,000.00 2009 Totals 697,771.84 582,771.84 115,000.00 3 2/1/2010 297,890.50 297,890.50 0.00 12,785,000.00 4 8/1/2010 422,890.50 297,890.50 125,000.00 12,660,000.00 2010 Totals 720,781.00 595,781.00 125,000.00 5 2/1/2011 294,978.00 294,978.00 0.00 12,660,000.00 6 8/1/2011 759,978.00 294,978.00 465,000.00 12,195,000.00 2011 Totals 1,054,956.00 589,956.00 465,000.00 7 2/1/2012 284,143.50 284,143.50 0.00 12,195,000.00 8 8/1/2012 769,143.50 284,143.50 485,000.00 11,710,000.00 2012 Totals 1,053,287.00 568,287.00 485,000.00 9 2/1/2013 272,843.00 272,843.00 0.00 11,710,000.00 10 8/1/2013 777,843.00 272,843.00 505,000.00 11,205,000.00 2013 Totals 1,050,686.00 545,686.00 505,000.00 11 2/1/2014 261,076.50 261,076.50 0.00 11,205,000.00 12 8/1/2014 796,076.50 261,076.50 535,000.00 10,670,000.00 2014 Totals 1,057,153.00 522,153.00 535,000.00 13 2/1/2015 248,611.00 248,611.00 0.00 10,670,000.00 14 8/1/2015 803,611.00 248,611.00 555,000.00 10,115,000.00 2015 Totals 1,052,222.00 497,222.00 555,000.00 15 2/1/2016 235,679.50 235,679.50 0.00 10,115,000.00 16 8/1/2016 815,679.50 235,679.50 580,000.00 9,535,000.00 2016 Totals 1,051,359.00 471,359.00 580,000.00 17 2/1/2017 222,165.50 222,165.50 0.00 9,535,000.00 18 8/1/2017 832,165.50 222,165.50 610,000.00 8,925,000.00 2017 Totals 1,054,331.00 444,331.00 610,000.00 Item # 5 Attachment number 5 Page 4 of 4 Date Payment Interest Principal Balance 19 2/1/2018 207,952.50 207,952.50 0.00 8,925,000.00 20 8/1/2018 842,952.50 207,952.50 635,000.00 8,290,000.00 2018 Totals 1,050,905.00 415,905.00 635,000.00 21 2/1/2019 193,157.00 193,157.00 0.00 8,290,000.00 22 8/1/2019 863,157.00 193,157.00 670,000.00 7,620,000.00 2019 Totals 1,056,314.00 386,314.00 670,000.00 23 2/1/2020 177,546.00 177,546.00 0.00 7,620,000.00 24 8/1/2020 877,546.00 177,546.00 700,000.00 6,920,000.00 2020 Totals 1,055,092.00 355,092.00 700,000.00 25 2/1/2021 161,236.00 161,236.00 0.00 6,920,000.00 26 8/1/2021 896,236.00 161,236.00 735,000.00 6,185,000.00 2021 Totals 1,057,472.00 322,472.00 735,000.00 27 2/1/2022 144,110.50 144,110.50 0.00 6,185,000.00 28 8/1/2022 914,110.50 144,110.50 770,000.00 5,415,000.00 2022 Totals 1,058,221.00 288,221.00 770,000.00 29 2/1/2023 126,169.50 126,169.50 0.00 5,415,000.00 30 8/1/2023 931,169.50 126,169.50 805,000.00 4,610,000.00 2023 Totals 1,057,339.00 252,339.00 805,000.00 31 2/1/2024 107,413.00 107,413.00 0.00 4,610,000.00 32 8/1/2024 947,413.00 107,413.00 840,000.00 3,770,000.00 2024 Totals 1,054,826.00 214,826.00 840,000.00 33 2/1/2025 87,841.00 87,841.00 0.00 3,770,000.00 34 8/1/2025 967,841.00 87,841.00 880,000.00 2,890,000.00 2025 Totals 1,055,682.00 175,682.00 880,000.00 35 2/1/2026 67,337.00 67,337.00 0.00 2,890,000.00 36 8/1/2026 987,337.00 67,337.00 920,000.00 1,970,000.00 2026 Totals 1,054,674.00 134,674.00 920,000.00 37 2/1/2027 45,901.00 45,901.00 0.00 1,970,000.00 38 8/1/2027 1,010,901.00 45,901.00 965,000.00 1,005,000.00 2027 Totals 1,056,802.00 91,802.00 965,000.00 39 2/1/2028 23,416.50 23,416.50 0.00 1,005,000.00 40 8/1/2028 1,028,416.50 23,416.50 1,005,000.00 0.00 2028 Totals 1,051,833.00 46,833.00 1,005,000.00 Grand Totals 20,401,706.84 7,501,706.84 12,900,000.00 Item # 5 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Award a contract to Dolphin Communications Services, Inc., St. Petersburg, FL in the amount of $312,798, for the installation of conduit and fiber optic cable in support of emergency operations preparedness at various City facilities and authorize the appropriate officials to execute same. (consent) SUMMARY: The City's Emergency Management Committee has determined that the recently renovated Station 48 training facility needs to be equipped to function as an Emergency Operation Center for this hurricane season. The timing of this decision and the need to provide for additional scalable technology support services at this location requires that the installation of fiber optic cabling be expedited to support this EOC location. This vendor is recommended based upon past performance, cost competitiveness, and familiarity with the City's existing fiber deployment. The renovated Station 48 is a reinforced structure rated withstand Category 5 storm intensities. This facility will provided back-up data and voice communications support on the City's Wide area network, and will be capable of providing primary support for operations in the event that the MSB and Police Main Buildings are rendered unusable for any reason. This contract will be paid from an existing CIP (94729 City-Wide Connectivity Infrastructure) and will not result in any additional operating costs. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $312,798 Annual Operating Cost: Total Cost: none $312,798 2007 to 2008 Appropriation Code 0316-94729-56400 Amount $312,798 Appropriation Comment Bid Required?: Other Bid 1 Contract: No Bid Number: Bid Exceptions: Emergency Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 4 Dolphin Communications Services Incorporated Proposal For City of Clearwater IT Department Prepared For: Dan Mayer Project # 10645-A 7/21/08 Statement of Work Dolphin Communications Services Incorporated (DCSI) will provide all labor & materials necessary to install new conduit and fiber optic cabling as specified for immediate use. This conduit / cabling system will support new communications connectivity from the General Services Building to the Clearwater Air Park, Solid Waste Facility and Fire Station # 48 Training Facility, and, will connect these locations to the main fiber optic cabling system at the MSB Building, in Downtown Clearwater. All scheduling and work will be coordinated with City of Clearwater IT management & staff to provide a complete structured backbone system as specified. General Overview DCSI will provide the following: · all products and services in accordance with BICSI guidelines & EIA/TIA specifications for a complete structured connectivity system. · a single point of contact for all cabling installation services throughout the project implementation and will provide the City of Clearwater with daily updates of the project's progress as scheduled. · all necessary labor and materials for a complete structured connectivity system as specified and will warrant it's installation to be free from defects in materials & workmanship for a period of (5) years from date of acceptance and approval from dedicated City of Clearwater IT Management. Item # 6 Attachment number 1 Page 2 of 4 Scope of Work Proposed (SW48E) Solid Waste to Fire Station # 48 Extension . DCS! will install quad (1%") duct conduit (2,650') from the Solid Waste Facility to the Fire Station # 48 Training Facility for immediate and future IT communications access. The conduit system will include (6) new in-ground pull boxes with 20K lid & City of Clearwater ID tags. All new boxes will be installed to allow immediate & future cabling to be installed without damage or undue difficulty. . DCS! will install 4" EMT conduit from the building entrance of the Solid Waste Facility to the designated IT communications closet for access to all immediate & future cabling that may be installed. . DCS! will install a new (24) strand single mode fiber optic cable & tracer wire (4,000') from the cac Solid Waste Facility to the Fire Station # 48 Training Facility utilizing new conduit being proposed. This cabling will be installed to the proper locations in each building and will be terminated, labeled and tested for immediate use. All necessary fiber optic patch panels, bulkhead adapters and fiber optic assemblies are also included in this project. Proposed (APE) Air Park Extension . DCS! will install quad (1%") duct conduit (980') from the General Services Building to the Clearwater Air Park for immediate and future IT communications access. The conduit system will include (6) new in-ground pull boxes with 20K lids & City of Clearwater ID tags. All new boxes will be installed to allow immediate & future cabling to be installed without damage or undue difficulty for cabling installation. . DCS! will install a new (24) strand single mode fiber optic cable / tracer (1,100') from the General Services Building to the Clearwater Air Park utilizing new conduit being proposed. This cabling will be installed to the proper locations in each building and will be terminated, labeled and tested for immediate use. All necessary fiber optic patch panels, bulkhead adapters and fiber optic assemblies are also included in this project. Item # 6 Attachment number 1 Page 3 of 4 Proposed (SWE) Solid Waste Extension . DCS! will install quad (1%") duct conduit (4,000') from the General Services Building to the Solid Waste Facility for immediate and future IT communications access. The conduit system will include (11) new in-ground pull boxes with 20K lids & City of Clearwater ID tags. All new boxes will be installed to allow immediate & future cabling to be installed without damage or undue difficulty for cabling installation. . DCS! has included cost for the CSX Railway crossing on Hercules Avenue. This includes the 6" rigid sleeve for the quad duct conduit as it crosses the CSX Railway property. Two (2) additional 30" X 48" X 36" in-ground pull boxes have been included for this CSX Railway crossing. Pricing does not include costs for Engineering Services that may be required by CSX in order to obtain final "right of way" approval. These costs will determined based on final CSX Railway requirements once all requests have been submitted. . DCS! will install a new (24) strand single mode fiber optic cable / tracer (4,500') from the General Services Building to the Solid Waste Facility utilizing new conduit being proposed. This cabling will be installed to the proper locations in each building and will be terminated, labeled and tested for immediate use. All necessary fiber optic patch panels, bulkhead adapters and fiber optic assemblies are also included in this project. Proposed (48) Strand MSB to Public Works Complex Fiber Extension . DCS! will pull back the existing (48) strand single mode fiber optic cable (coming from the MSB) at the Public Works Complex and will extend all (48) fibers to the General Services Building for immediate use. All (48) fibers will be spliced outside the Public Works Complex in an in-ground pull box & appropriate splice case, and, will terminate into a new (48) port fiber optic patch panel at the General Services Building. All fibers will be terminated and tested for immediate use. Note: The existing (24) strand single mode fiber optic cable from the Public Works Complex to the General Services Complex will not be effected and will continue to support IT connectivity to this location. Item # 6 Pricina Schedule Total Solid Waste to Fire Station # 48 Material Costs Total Solid Waste to Fire Station # 48 Labor Costs Total Extended Labor and Materials Costs Total General Services to Air Park Material Costs Total General Services to Air Park Labor Costs Total Extended Labor and Materials Costs Total General Services to Solid Waste Material Costs Total General Services to Solid Waste Labor Costs Total Extended Labor and Materials Costs Total (48) Strand Fiber Extension to GS Material Costs Total (48) Strand Fiber Extension to GS Labor Costs Total Extended Labor and Materials Costs Total Extended Project Labor & Materials Costs Attachment number 1 Page 4 of 4 $ 31,617.00 $ 71.870.00 $ 103,487.00 $ 16,740.00 $ 24,840.00 $ 41,580.00 $ 51,268.00 $ 106,478.00 $ 157,746.00 $ 4,360.00 $ 5,625.00 $ 9,985.00 $312,798.00 Note: All prices exclude any applicable sales tax that may apply. DCSI - An Ocean of Freedom Item # 6 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Approve the agreements with Tower Optical for coin-operated viewers at Pier 60 and the Marina and authorize the appropriate officials to execute same. (consent) SUMMARY: Tower Optical has had 8 coin-operated viewers on Pier 60 since October 2002. The city receives 50 percent of the revenue generated from the machines. In the past 12 months, that translated into about $3,200.00. In May we asked to have 2 coin-operated viewers installed on the roof of the Marina deck, at which time Tower Optical asked for written agreements. Our Legal representative reviewed and made suggested changes to the documents. Insurance in the amount of $1 million, with the City of Clearwater as additional insured was received for each location. The city empties the viewers monthly and has a check sent to Tower Optical for their portion. Review Approval: 1) Public Works Administration 2) Financial Services 3) Legal 4) Clerk 5) Assistant City Manager ED 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 5 THE TOWER OPTICAL COMPANY, INC. COIN-OPERATED VIEWER AGREEMENT THIS Agreement is made and entered into this day of 2008, by and between TOWER OPTICAL COMPANY, a corporation organized under the laws of the State of Connecticut, 275 East Avenue, Norwalk, Connecticut 06855, herein called "TOWER OPTICAL," and the City of Clearwater, a Florida Municipal Corporation, Marine and Aviation Department, 25 Causeway Boulevard, Clearwater, Florida 33767, herein called "CITY." WITNESSETH: WHEREAS, CITY has ownership of and control over the use of the property known as the Clearwater Municipal Marina; and WHEREAS, TOWER OPTICAL desires to install coin-operated viewers throughout such premises; and WHEREAS, CITY desires to have Marina visitors utilize the coin-operated viewers to see the landscape of the area around Marina; and WHEREAS, CITY desires to equally share in the profits derived from the use of coin-operated viewers by granting TOWER OPTICAL a license to place such viewers on CITY property; NOW, THEREFORE, in consideration for the use of the Municipal Marina premises and mutual covenants herein contained, CITY and TOWER OPTICAL understand and agree to the following: 1. EQUIPMENT TOWER OPTICAL shall provide two (2) Tower Optical coin-operated viewers for installation at sites on the real property belonging to CITY in the City of Clearwater, County of and State ofFL. TOWER OPTICAL is and shall remain the sole owner of all viewers installed under this Agreement. Designation of coin-operated viewer sites shall be at the sole discretion of CITY, and any reasonable request, made in writing and addressed to the appropriate point of contact, to change a viewer site shall not be unreasonably withheld by the CITY. Any modification in the quantity of coin- operated viewers relating to this Agreement shall be in writing and become binding on this Agreement as an amendment. Item # 7 Attachment number 1 Page 2 of 5 2. TERM The term of this Agreement shall begin on the day of shall continue until terminated as described in Section 7. , 2008 and 3. FINANCIAL PROVISIONS CITY agrees to collect all monies from said viewers on a regularly scheduled basis and, by the 10th of each month following collection, shall forward, by regular postal service to the address listed in paragraph 9 of this Agreement, such sum or sums of money as shall represent the collections made by CITY, less fifty percent (50%) during the term provided for herein, which said sums of money CITY shall retain as a license fee for use of said real property and/or services in the collection of said monies. CITY shall include a statement indicating meter readings and revenues received with each payment. Sales taxes levied by City, County or State on gross receipts from viewers installed under this Agreement shall be paid by City, as collector and remitter of monies. As operator of the coin-operated viewers, CITY is responsible for procurement and payment of the Annual Amusement Machine Certificate, as required by the Florida Department of Revenue. TOWER OPTICAL shall be responsible for any and all freight charges associated with the delivery and return of the two (2) viewers currently installed. However, freight charges associated with the delivery and return of any additional viewers requested by the City shall be shared equally by Tower Optical and the City. 4. EXCLUSIVITY TOWER OPTICAL shall have exclusive right to the operation of binocular or telescopic viewers operated by coin on the property described herein. 5. LIABILITY CITY shall notify Tower Optical in the event any viewer and/or installation covered under this Agreement becomes or is deemed unsafe for public use. TOWER OPTICAL shall assume all risks of damage, theft, pilferage, and vandalism, and CITY shall not be held responsible for any damage to the said viewers while the same are installed on the property described herein, so long as the damage is not caused by negligence or intentional misconduct of CITY. TOWER OPTICAL shall defend, indemnify, save and hold CITY harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from any performance under this Agreement by its employees, subcontractors, or assigns, including legal fees, court costs or other legal expenses. TOWER OPTICAL shall, at its expense, secure and provide to the CITY, prior to beginning performance under this Agreement, all insurance as Item # 7 Attachment number 1 Page 3 of 5 required. Each party agrees to indemnify the other, its respective officers and employees from claims of losses, damages, and expenses (including, but not limited to, court costs and reasonable attorney fees) asserted by third parties against the indemnified party (the party claiming indemnification under this section) for negligent acts and omissions directly and proximately caused by the indemnifying party, its officers, agents, employees or authorized representatives. However, this provision does not constitute a waiver of CITY'S sovereign immunity under Section 768.28, Florida Statutes, nor does it extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes. The party claiming indemnification (the indemnified party) under this section shall promptly notify the other party of any such claim. The indemnifying party shall have the right to control the defense of the claim including the right, with the written consent of the indemnified party (which consent shall not be unreasonably withheld, conditioned, or delayed) to compromise or settle such claim. The indemnified party shall participate in such defense if requested to do so by the indemnifying party and shall be reimbursed for its reasonable direct out-of-pocket expenses incurred as a result of such participation. In no event shall CITY be liable to TOWER OPTICAL for special, consequential or indirect damages, including, without limitation, loss of anticipated profits, business opportunity or goodwill. 6. SERVICE TOWER OPTICAL officers and employees, or duly appointed agents, shall obtain consent, utilizing either verbal, written or other communication methods, prior to accessing the property described herein for the purpose of installing and/or removing its viewers, and/or collecting, servicing, repairing and maintaining the same. Service and repair of the coin-operated viewers shall be the sole responsibility of TOWER OPTICAL. TOWER OPTICAL shall take appropriate steps to repair and service coin-operated viewers within sixty (60) days after having been given notice by CITY of a viewer in need of repairs and/or servicing. Failure to repair a coin-operated viewer within the aforementioned time specified shall place TOWER OPTICAL in breach of this agreement. 7. TERMINATION If at any time either party shall breach any of its obligations under this Agreement, and shall fail to correct the breach within ten (10) days thereof, the other party may terminate this agreement upon written notice by registered mail to the breaching party. Unless terminated due to a breach as provided above, this Agreement will remain in full force and effect until the _ day of 2011, after which either party may terminate the agreement without cause by giving the other party written notice by registered mail at least 30 days before the desired termination date. Item # 7 Attachment number 1 Page 4 of 5 In addition to all other rights or remedies provided for in this Agreement or by law, this Agreement shall automatically terminate in the event that (a) a party hereto makes an assignment of this Agreement without the prior written consent of the other party, (b) a party hereto admits, in writing, its inability to pay debts as they become due, (c) a trustee, custodian or receiver is appointed by any such court with respect to a party hereto or any substantial part of such party's assets, or (d) an action is taken by or against a party under any bankruptcy or insolvency laws or laws relating to the relief of debtors, including the Federal Bankruptcy Act, and such action is not dismissed within thirty (30) days. Termination of this Agreement shall not relieve either party of its obligation to divide the revenues obtained from the coin-operated viewers until the point of termination. 8. ATTORNEY'S FEES In the event either party seeks to enforce this Agreement or to interpret any provision of this Agreement, by law or through attorneys-at-law, or under advice therefrom, the parties agree that the prevailing party is entitled to recover reasonable attorney fees from the other party, in addition to any other relief that may be awarded. Moreover, any legal proceedings regarding this Agreement shall take place in the courts of Pin ell as County, Florida, and the applicable law that shall apply to construction of this Agreement is that of the State of Florida. 9. NOTICE Any remittance or document in connection with the Agreement shall be sent via postal service with postage and fees prepaid to the appropriate address indicated in this section. However, any notice relating to this Agreement shall be sent via certified mail, return receipt requested: If to CITY, addressed to: Beverly Buyssee City of Clearwater, Marine and Aviation Dept. 25 Causeway Blvd. Clearwater, FL 33767 Copy addressed to: City of Clearwater City Attorney P.O. Box 4748 Clearwater, FL 33758-4748 If to TOWER OPTICAL, addressed to: The Tower Optical Company, Inc. P.O. Box 251 Item # 7 Attachment number 1 Page 5 of 5 South Norwalk, CT 06856-0251 10. INSURANCE TOWER OPTICAL shall furnish, pay for, and maintain during the life of the Agreement with CITY the following liability coverage: (a) Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $1,000,000.00 combined single limit Bodily Injury Liability and Property Damage Liability. (b) Florida Workers' Compensation Insurance applicable to TOWER OPTICAL'S employees, contractors, and subcontractors, including Employers' Liability. CITY shall be specifically included as an additional insured in the General Liability coverage described above. All insurance policies must be endorsed to provide CITY with thirty (30) days notice of policy cancellation or restriction. TOWER OPTICAL shall provide CITY with a certificate or certificates of insurance showing the existence of the coverage required. TOWER OPTICAL shall maintain this coverage with a current certificate or certificates of insurance throughout the term of the Agreement with CITY. When specifically requested by CITY in writing, TOWER OPTICAL shall provide CITY with certified copies of all insurance policies as required above. New certificates and new certified copies of policies if certified copies of policies have been requested, shall be provided to CITY whenever any policy is renewed, revised or obtained from other insurers. 11. ENTIRE AGREEMENT This Agreement constitutes the final and complete agreement of the parties concerning Tower Optical viewer installation as herein described. This Agreement may be changed only by written notification that is signed by both parties. THE TOWER OPTICAL COMPANY, INC. CITY OF CLEARWATER MARINE & AVIATION DEPT. MUNICIP AL MARINA Signature Signature Printed Name Printed Name Date: Date: Item # 7 Attachment number 2 Page 1 of 5 THE TOWER OPTICAL COMPANY, INC. COIN-OPERATED VIEWER AGREEMENT THIS Agreement is made and entered into this day of , 2008, by and between TOWER OPTICAL COMPANY, a corporation organized under the laws of the State of Connecticut, 275 East Avenue, Norwalk, Connecticut 06855, herein called "TOWER OPTICAL," and the City of Clearwater, a Florida Municipal Corporation, Marine and Aviation Department, 25 Causeway Boulevard, Clearwater, Florida 33767, herein called "CITY." WITNESSETH: WHEREAS, CITY has ownership of and control over the use of the property known as Pier 60; and WHEREAS, TOWER OPTICAL desires to install coin-operated viewers throughout such premises; and WHEREAS, CITY desires to have Pier 60 visitors utilize the coin-operated viewers to see the landscape of the area around Marina; and WHEREAS, CITY desires to equally share in the profits derived from the use of coin-operated viewers by granting TOWER OPTICAL a license to place such viewers on CITY property; NOW, THEREFORE, in consideration for the use of the Municipal Marina premises and mutual covenants herein contained, CITY and TOWER OPTICAL understand and agree to the following: 1. EQUIPMENT TOWER OPTICAL shall provide eight (8) Tower Optical coin-operated viewers for installation at sites on the real property belonging to CITY in the City of Clearwater, County of and State ofFL. TOWER OPTICAL is and shall remain the sole owner of all viewers installed under this Agreement. Designation of coin-operated viewer sites shall be at the sole discretion of CITY, and any reasonable request, made in writing and addressed to the appropriate point of contact, to change a viewer site shall not be unreasonably withheld by the CITY. Any modification in the quantity of coin- operated viewers relating to this Agreement shall be in writing and become binding on this Agreement as an amendment. Item # 7 Attachment number 2 Page 2 of 5 2. TERM The term of this Agreement shall begin on the day of shall continue until terminated as described in Section 7. , 2008 and 3. FINANCIAL PROVISIONS CITY agrees to collect all monies from said viewers on a regularly scheduled basis and, by the 10th of each month following collection, shall forward, by regular postal service to the address listed in paragraph 9 of this Agreement, such sum or sums of money as shall represent the collections made by CITY, less fifty percent (50%) during the term provided for herein, which said sums of money CITY shall retain as a license fee for use of said real property and/or services in the collection of said monies. CITY shall include a statement indicating meter readings and revenues received with each payment. Sales taxes levied by City, County or State on gross receipts from viewers installed under this Agreement shall be paid by City, as collector and remitter of monies. As operator of the coin-operated viewers, CITY is responsible for procurement and payment of the Annual Amusement Machine Certificate, as required by the Florida Department of Revenue. TOWER OPTICAL shall be responsible for any and all freight charges associated with the delivery and return of the eight (8) viewers currently installed. However, freight charges associated with the delivery and return of any additional viewers requested by the City shall be shared equally by Tower Optical and the City. 4. EXCLUSIVITY TOWER OPTICAL shall have exclusive right to the operation of binocular or telescopic viewers operated by coin on the property described herein. 5. LIABILITY CITY shall notify Tower Optical in the event any viewer and/or installation covered under this Agreement becomes or is deemed unsafe for public use. TOWER OPTICAL shall assume all risks of damage, theft, pilferage, and vandalism, and CITY shall not be held responsible for any damage to the said viewers while the same are installed on the property described herein, so long as the damage is not caused by negligence or intentional misconduct of CITY. TOWER OPTICAL shall defend, indemnify, save and hold CITY harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from any performance under this Agreement by its employees, subcontractors, or assigns, including legal fees, court costs or other legal expenses. TOWER OPTICAL shall, at its expense, secure and provide to the CITY, prior to beginning performance under this Agreement, all insurance as Item # 7 Attachment number 2 Page 3 of 5 required. Each party agrees to indemnify the other, its respective officers and employees from claims of losses, damages, and expenses (including, but not limited to, court costs and reasonable attorney fees) asserted by third parties against the indemnified party (the party claiming indemnification under this section) for negligent acts and omissions directly and proximately caused by the indemnifying party, its officers, agents, employees or authorized representatives. However, this provision does not constitute a waiver of CITY'S sovereign immunity under Section 768.28, Florida Statutes, nor does it extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes. The party claiming indemnification (the indemnified party) under this section shall promptly notify the other party of any such claim. The indemnifying party shall have the right to control the defense of the claim including the right, with the written consent of the indemnified party (which consent shall not be unreasonably withheld, conditioned, or delayed) to compromise or settle such claim. The indemnified party shall participate in such defense if requested to do so by the indemnifying party and shall be reimbursed for its reasonable direct out-of-pocket expenses incurred as a result of such participation. In no event shall CITY be liable to TOWER OPTICAL for special, consequential or indirect damages, including, without limitation, loss of anticipated profits, business opportunity or goodwill. 6. SERVICE TOWER OPTICAL officers and employees, or duly appointed agents, shall obtain consent, utilizing either verbal, written or other communication methods, prior to accessing the property described herein for the purpose of installing and/or removing its viewers, and/or collecting, servicing, repairing and maintaining the same. Service and repair of the coin-operated viewers shall be the sole responsibility of TOWER OPTICAL. TOWER OPTICAL shall take appropriate steps to repair and service coin-operated viewers within sixty (60) days after having been given notice by CITY of a viewer in need of repairs and/or servicing. Failure to repair a coin-operated viewer within the aforementioned time specified shall place TOWER OPTICAL in breach of this agreement. 7. TERMINATION If at any time either party shall breach any of its obligations under this Agreement, and shall fail to correct the breach within ten (10) days thereof, the other party may terminate this agreement upon written notice by registered mail to the breaching party. Unless terminated due to a breach as provided above, this Agreement will remain in full force and effect until the _ day of 2011, after which either party may terminate the agreement without cause by giving the other party written notice by registered mail at least 30 days before the desired termination date. Item # 7 Attachment number 2 Page 4 of 5 In addition to all other rights or remedies provided for in this Agreement or by law, this Agreement shall automatically terminate in the event that (a) a party hereto makes an assignment of this Agreement without the prior written consent of the other party, (b) a party hereto admits, in writing, its inability to pay debts as they become due, (c) a trustee, custodian or receiver is appointed by any such court with respect to a party hereto or any substantial part of such party's assets, or (d) an action is taken by or against a party under any bankruptcy or insolvency laws or laws relating to the relief of debtors, including the Federal Bankruptcy Act, and such action is not dismissed within thirty (30) days. Termination of this Agreement shall not relieve either party of its obligation to divide the revenues obtained from the coin-operated viewers until the point of termination. 8. ATTORNEY'S FEES In the event either party seeks to enforce this Agreement or to interpret any provision of this Agreement, by law or through attorneys-at-law, or under advice therefrom, the parties agree that the prevailing party is entitled to recover reasonable attorney fees from the other party, in addition to any other relief that may be awarded. Moreover, any legal proceedings regarding this Agreement shall take place in the courts of Pin ell as County, Florida, and the applicable law that shall apply to construction of this Agreement is that of the State of Florida. 9. NOTICE Any remittance or document in connection with the Agreement shall be sent via postal service with postage and fees prepaid to the appropriate address indicated in this section. However, any notice relating to this Agreement shall be sent via certified mail, return receipt requested: If to CITY, addressed to: Beverly Buyssee City of Clearwater, Marine and Aviation Dept. 25 Causeway Blvd. Clearwater, FL 33767 Copy addressed to: City of Clearwater City Attorney P.O. Box 4748 Clearwater, FL 33758-4748 If to TOWER OPTICAL, addressed to: The Tower Optical Company, Inc. P.O. Box 251 South Norwalk, CT 06856-0251 Item # 7 Attachment number 2 Page 5 of 5 10. INSURANCE TOWER OPTICAL shall furnish, pay for, and maintain during the life of the Agreement with CITY the following liability coverage: (a) Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $1,000,000.00 combined single limit Bodily Injury Liability and Property Damage Liability. (b) Florida Workers' Compensation Insurance applicable to TOWER OPTICAL'S employees, contractors, and subcontractors, including Employers' Liability. CITY shall be specifically included as an additional insured in the General Liability coverage described above. All insurance policies must be endorsed to provide CITY with thirty (30) days notice of policy cancellation or restriction. TOWER OPTICAL shall provide CITY with a certificate or certificates of insurance showing the existence of the coverage required. TOWER OPTICAL shall maintain this coverage with a current certificate or certificates of insurance throughout the term of the Agreement with CITY. When specifically requested by CITY in writing, TOWER OPTICAL shall provide CITY with certified copies of all insurance policies as required above. New certificates and new certified copies of policies if certified copies of policies have been requested, shall be provided to CITY whenever any policy is renewed, revised or obtained from other insurers. 11. ENTIRE AGREEMENT This Agreement constitutes the final and complete agreement of the parties concerning Tower Optical viewer installation as herein described. This Agreement may be changed only by written notification that is signed by both parties. THE TOWER OPTICAL COMPANY, INC. CITY OF CLEARWATER MARINE & AVIATION DEPT. MUNICIP AL MARINA Signature Signature Printed Name Printed Name Date: Date: Item # 7 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Award a blanket purchase order to Chall Tennis Management, LLC of Clearwater, Florida, in the amount of $250,000, for providing tennis lessons and tennis services at the Henry L. McMullen Tennis Complex and authorize appropriate officials to execute same. (consent) SUMMARY: The City provides for group and private tennis instruction at McMullen Tennis Complex by entering into a standard outside instructors agreement with a tennis pro. Currently the tennis pro at McMullen is Mr. Erick Chall who is operating under the business name of "Chall Tennis Management, LLC". Mr. Chall has performed this service for the City for the past several years and the programs and lessons he has provided have grown to such an extent that he has hired several employees to assist him. Mr. Chall's current agreement runs from June 2008 to September 30, 2009. He receives 75% of all fees collected for tennis instruction and lessons and 85% of all stringing and merchandise sold at McMullen. In order to pay Chall Tennis Management, LLC from October 1, 2008 to September 30, 2009, staff is requesting a Blanket Purchase order in the amount of $250,000 be approved. During this fiscal year Mr. Chall and other tennis professionals have been paid $147,961.32. Increase is being requested to cover the current growth trend in tennis instruction. Projected revenue generated by the pro for the City will be approximately $50,000 to $60,000 in FY 2008/09. Type: Current Year Budget?: Other Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $250,000 2008 to 2009 Annual Operating Cost: Total Cost: $250,000 $250,000 Bid Required?: Other Bid 1 Contract: No Bid Number: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 8 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Adopt revised formulas for the purpose of computing fees for non-residents to participate at City recreation facilities and in City recreation programs and activities; eliminate some of the options in lieu of non-resident card purchase; approve the City Manager or his or her designee to change the surcharge factor; and pass Ordinance 7983-08 on first reading. SUMMARY: On February 2, 2005 the City Council revised a 1993 formula for the purpose of computing fees for non-residents and approved the City Manager or his designee to administer the formulas. The formula adopted at that time is as follows: Department 0 & M Budget plus Indirect Overhead minus Budgeted Revenue divided by Population equals Subtotal Subtotal plus Capital Recovery Component plus Card Processing Fee equals Non-Resident Yearly Fee One of the City's Tier 1 budget initiatives is to modify the formula by adding a surcharge recovery fee to this formula. If approved, the surcharge recovery fee may be adjusted by the City Manager or his or her designee in order to address the economic climate. In addition, as part of this recommendation the elimination of some of the options in lieu of non-resident card purchases are included. Specifically, options to be eliminated are as follows: . Participants of youth seasonal recreation programs . Participants at Lawnbowls, Shuffleboard, Horseshoe Club and Three-Score Softball This would then require all participants in these programs and organizations to purchase a non-discounted individual non-resident card based on the approved formula. If approved, these changes will result in approximately $115,000 in additional revenue. The new fees and elimination of discounted fees will take effect on October 1, 2008. As a matter of information, the resident recreation card will be increased from $5 per person and $25 per family to $7 per person and $35 per family beginning October 1, 2008. Based on the new formulas, the proposed fees for non-residents are as follows: Proposed Proposed 2007/08 2008/09 2008/09 Rates Rates Current B d Based on R t ase on a es Proposed Current Ordinance Ordinance Annual Individual $90 $120 $180 Cover Memo Card (IC) Item # 9 Annual $225 $300 $450 Family Card (IC x 2.5) Single Season Sports Fee $36 $48 N/A (IC x 40%) Youth Seasonal Rec $36 $48 N/A Prog (IC x 40%) Adult Seasonal Rec $36 $48 N/A Prog (IC x 40%) Lawnbowl, Shuffleboard, Horseshoe Club and $36 $48 N/A Three-Score Softball (IC x 40%) Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 3 ORDI NANCE NO. 7983-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SCHEDULE OF FEES, RATES AND CHARGES, AMENDING APPENDIX A, ARTICLE XI, PARKS, BEACHES, RECREATION, TO INCREASE CERTAIN FEES FOR USE OF FACILITIES BY NONRESIDENTS AND TO MODIFY THE FORMULAS FOR CHARGING NONRESIDENT FEES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater provides recreation facilities and programs for the residents and taxpayers of the City; and WHEREAS, the City Council has determined that users of City recreational facilities and programs who are not City taxpayers should pay a reasonable sum for the use of such facilities and programs; and WHEREAS, to be consistent and fair in the establishment of non-City taxpayer fees, standard formulas were adopted and approved; and, WHEREAS, the standard formulas need to be adjusted to more accurately account for the increased cost of recreation services offered to non-residents, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby amended to read: ARTICLE XI, PARKS, BEACHES, RECREATION: * * * Use of facilities by nonresidents (ch. 22): (1) Effective June 1, 2005, nonresidents who wish to rent or use city recreation facilities or programs may do so by paying a nonresident fee based on the following formulas which shall be administered by the parks and recreation director: (a) Nonresidents: Department O&M Budget + indirect overhead - budgeted revenue = Net budget divided by population = subtotal Subtotal + Capital Improvement Program recovery component + Card processing fee x surcharqe factor = Individual non-resident yearly fee Ordinance tJ!6ml:#la) Attachment number 1 Page 2 of 3 (b) Annual nonresident family fees: Individual nonresident yearly fees x 2.5 = Annual nonresident family fees. (c) Options in lieu of nonresident card purchase: 1. Pay non-card holder rates for tennis, swimming, classes, and/or admissions. (These fees will vary depending upon activity, however in no case will they be less than or equal to card holder rates.) 2. In co sponsoring programs where leadership is provided by noncity employees: 3. Participants of youth seasonal recreational programs Individual nonresident yearly fee x -10% 3. Participants at lawnbowls, shuffleboard, horseshoe clubs, and three score softball Individual nonresident yearly fee x -10% Cd) Surcharae factor: Surcharqe factor is established and adiusted bv the city manaqer or his or her desiqnee in order to address the economic climate. A current fee schedule includinq the surcharqe factor shall be set out in parks and recreation departmental policies. (2) The criteria which establish the class of city residents for the purpose of the fees above are: (a) Permanent residence within the incorporated boundaries of the city; (b) Ownership of real property within the incorporated boundaries of the city, as evidenced by the official tax rolls maintained by the county; (c) Tourists and guests temporarily residing at properties three months or less, within the incorporated boundaries of the city as evidenced by a motel key or another resident member; or (d) Persons who are employees of the city, their spouses and children who live at home. (3) Nonresidents who wish to rent a city recreation facility must possess a nonresident card or pay a ten percent surcharge for the rental. (4) In programs where rentals are charged, or where enforcement is impractical, or a majority of the facilities used by a program are provided in a municipality other than Clearwater, the nonresident fee is not required. Section 2. This ordinance shall take effect on October 1, 2008. Ordinance tJ!6ml:#la) PASSED ON FIRST READING Attachment number 1 Page 3 of 3 PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance tJ!6ml:#la) Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Approve renewing a contract with the Pinellas County Sheriff's Office, Largo, Florida, for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one year contract period commencing October 1, 2008, through September 30, 2009, at a cost of $647,362.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Sheriff's Office (PCSO) and the Clearwater Police Department (CPD) began annual contractual agreement for services in January 1994. The agreements covered\ latent fingerprint examination, property/evidence storage, and crime scene . . processmg servIces. The total cost of the proposed FY 2008/2009 agreement is $647,362.00. The contractual price reflects an increase of approximately 14% for currently provided services and an additional $57,362 for PJAC security. CPD has never been charged for this serVIce. The proposed contractual agreement reflects the following breakout of costs: Fingerprint Services - $95,620.00; Forensic Science Services (Crime Scene Processing) - $352,000.00 (2,200 calls @ $160.00 per call), requests for services in excess of 2,200 calls will be invoiced monthly at a rate of $160.00 per call. In addition, any funds from unused calls for service from FY 2008/2009 shall be applied toward the following year's contractual agreement; Evidence and Property Service and Storage - $142,380.00. This cost is inclusive of personnel and storage costs, and is an increase of $79,878 over FY 2007/2008 charges for the same category. The Sheriffs previous charges have not covered his cost for providing these services. In order to bring the fees up to a level to cover his costs, the rates will be increased over the next two years. This year's increase represents the main reason for the 14% overall increase in the cost for this contract. Additionally, for the first time PCSO is charging all Pinellas County law enforcement agencies their respective share of the cost of providing security for the Pinellas Juvenile Assessment Center (PJAC). Clearwater's share is $57,362.00 based on the number of juvenile bookings made by CPD into PJAC the previous year, totaling 667, reflecting a cost of $86.00 per booking. Billing for requests for service in excess of the 667 bookings during the term of this contract shall be invoiced at the rate of $86.00 per booking. Any excess funds from unused bookings will carryover to the following year. Funding for this contractual agreement is proposed in the Police Department's FN 200812009 operating budget. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure None Budget Adjustment: None -0- Annual Operating Cost: Total Cost: $647,362.00 2008 to 2009 Appropriation Code 010-01121-530300-521-000 Amount Cover Memo Appropriation Comment Item # 10 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk $647,362.00 Attachment number 1 Page 1 of 9 AGREEMENT COMES NOW, the CITY OF CLEARWATER, FLORIDA, a municipal corporation (hereinafter "CITY"), JIM COATS, as Sheriff of Pinellas County, Florida, (hereinafter "SHERIFF") and PINELLAS COUNTY, a political subdivision of the State of Florida, (hereinafter "BOARD") and agree as follows: WHEREAS, the CITY desires to contract with the SHERIFF for assistance in examining latent fingerprints derived from crime scenes within the CITY and from suspects and victims of crimes occurring within the municipal limits of the CITY, and; WHEREAS, the CITY desires to contract with the SHERIFF for crime scene services and evidence and property storage for the CITY OF CLEARWATER Police Department, and; WHEREAS, the SHERIFF has available personnel to perform such services for the CITY; WHEREAS, the CITY desires to contract with the SHERIFF for the provision of security at the Juvenile Assessment Center; and WHEREAS, both the CITY and the SHERIFF believe the provision of such services as hereinafter described is in the best interest of the safety and welfare of the citizens of the CITY and of Pinellas County and that such will facilitate the investigation of criminal activity and the apprehension of persons engaging in such activity; -NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties hereto agree as follows: Attachment number 1 Page 2 of 9 1. LATENT PRINT SERVICES A. The SHERIFF shall provide to the CITY latent print examination and analysis services. B. Latent Print Examiners who perform these services shall be appropriately trained and qualified to examine latent fingerprints and to identify same. C. Said Examiners shall be members of the Pinellas County Sheriff's Office and shall be subject to the direction and all rules and regulations of the SHERIFF. D. Said Examiners shall be on duty to perform fingerprint examinations for the CITY eight (8) hours per day, five (5) days per-week and shall as a part of their duties: - 1. Examine fingerprints provided by the CITY to eliminate fingerprints of persons who have a legitimate reason to have their fingerprints in a premise or on an object. 2. Evaluate the quality oflatent fingerprints provided by the CITY. 3. Compare the latent fingerprints of suspects provided by the CITY. 4. Appropriately document those latent fingerprints provided by the CITY which cannot be positively identified. 5. Prepare and provide to the CITY reports on all latent fingerprint identifications performed. 6. Attend depositions, hearings and trials and render expert testimony in the area of fingerprint identification. E. In those instances where the CITY submits a complex or lengthy latent identifieation request, the SHERIFF shall devote the necessary available personnel to perform the work. F. The CITY shall provide one individual, to be designated by the CITY, who shall act as a liaison with the Examiners provided for herein. Said liaison shall: 2 Attachment number 1 Page 3 of 9 1. Be a member of the CITY Police Department. 2. Be responsible for the timely and appropriate delivery of latent fingerprints and certain items of evidence to the SHERIFF. 3. Be responsible for the proper execution and delivery to the SHERIFF of correctly executed latent fingerprint request forms. 4. Be responsible for the return to the CITY of completed latent fingerprint request forms showing the results of such examination or companson. 5. Serve as the SHERIFF's contact with the CITY in all day to day matters relating to the examination of latent fingerprints pursuant to this Agreement. G. . The CITY shall pay to- the BOARD the sum of NINETY-FIVE THOUSAND SIX HUNDRED AND TWENTY DOLLARS ($95,620.00) for the latent fingerprint services to be rendered pursuant to this Agreement. 2. FORENSIC SCIENCE SERVICES A. The SHERIFF will provide to the CITY, upon request by the CITY, Forensic Science Services to document, process and collect evidence at crime scenes within the CITY. Said services shall include the photographing or otherwise documenting said crime scene as such may be appropriate, within the scope and capabilities of the SHERIFF. Any processing or testing outside SHERIFF's capabilities shall be at the expense of the CITY but will be facilitated by SHERIFF. B. The SHERIFF shall provide to the CITY Police Department copies of all crime scene reports generated by SHERIFF's personnel pursuant to this Agreement. 3 Attachment number 1 Page 4 of 9 C. The CITY shall pay to the BOARD the sum of ONE HUNDRED SIXTY DOLLARS ($160.00) for each crime scene processed by the SHERIFF and shall guarantee a minimum of 2,200 calls for service during the period of this Agreement. For all requests for service in excess of 2,200 calls for service during the period of this Agreement, the CITY shall pay to the BOARD the sum of ONE HUNDRED SIXTY DOLLARS ($160.00) for each crime scene processed pursuant to this Agreement. D. The CITY shall pay to the BOARD the sum of THREE HUNDRED FIFTY-TWO THOUSAND DOLLARS ($352,000.00) for the 2,200 calls for service for the period of this Agreement. . E. Billing for requests for service in excess of 2,200 calls during the period of this Agreement shall be invoiced monthly at the rate of ONE HUNDRED SIXTY DOLLARS ($160.00) per call. F. Any funds from unused calls for service from FY 2008/2009 shall be applied towards next year's Agreement. G. The parties agree that the term "call for services" as used herein shall be defined as an incident, event or offense that requires a report or offense number made, recorded or taken by a member of the CITY Police Department for documentation purposes and which requires some reportable action by a SHERIFF's Forensic Science Specialist. All services rendered under the same case number shall be deemed one call for service. Such offense numbers shall be used to calculate calls for service with each offense number which results in a request for services being deemed a call for services. 4 Attachment number 1 Page 5 of 9 3. EVIDENCE AND PROPERTY SERVICE AND STORAGE A. During the term of this Agreement, the SHERIFF agrees to provide to the CITY storage, release and disposition of all seized evidence, found property and property being held for safekeeping as defined by Florida Statutes and the City of Clearwater Code of Ordinances within the SHERIFF's Evidence and Property Storage Facility, except for non- evidentiary bicycles and breath, blood or urine samples obtained from persons suspected of operating vehicles or vessels while under the influence of alcohol or drugs, which samples shall be maintained by the Pinellas County Medical Examiner's Office. B. . The SHERIFF shall also transport drug items to and from the County litb as determined by the CITY Police Department. The SHERIFF shall be responsible for transporting all items of property or evidence as aforesaid from the CITY Police Department and transporting same to secure storage facilities maintained by the SHERIFF. However, where such items of property or evidence are large, voluminous, heavy or otherwise not compatible with transport by ordinary courier, it shall be the responsibility of the CITY Police Department to transport such items to the SHERIFF's Evidence and Property Storage Facility. C. The SHERIFF shall store and maintain chain of custody of all evidence and other property in accordance with current general orders and SOPs. D. All evidence and other property seized, found or held for safekeeping by 'the SHERIFF for the CITY Police Department shall be disposed of in accordance with Florida law or as otherwise ordered by a court of law. Nothing herein shall prevent the CITY from retaining any of its evidence or other property as part of the CITY's inventory of property or donated by the CITY to a qualified non-profit organization in accordance with Florida law. 5 Attachment number 1 Page 6 of 9 E. The CITY shall pay to the BOARD the sum of ONE HUNDRED FORTY- TWO THOUSAND THREE HUNDRED EIGHTY DOLLARS ($142,380.00) for the property and evidence service and storage. This cost is inclusive of personnel and storage costs. 4. PINELLAS JUVENILE ASSESSMENT CENTER (PJAC) A. The SHERIFF and the CITY agree that PJAC is a collaborative effort among the vanous Pinellas County entities for the centralized and efficient processing of juveniles taken into custody by law enforcement officers countywide. The Pinellas County Sheriffs Office has voluntarily been providing PJAC security services at its own expense for many years without seeking contribution from other Pinellas County law enforcement agencid. The parties agree that fiscal constraints prohibit the continuation of this practice on the part of the SHERIFF. B. The SHERIFF and the CITY further agree that for the term of this Agreement that the CITY shall pay for its share of the cost of security based upon the number of juveniles the CITY's Police Department books at PJAC. The CITY will pay for a minimum of 667 juveniles for the term of this Agreement, at a cost of FIFTY -SEVEN THOUSAND THREE HUNDRED SIXTY-TWO DOLLARS ($57,362.00) reflecting a cost of EIGHTY-SIX DOLLARS ($86.00) per booking. C. Billing for requests for service in excess of the 667 bookings during the ferm of this Agreement shall be invoiced at the rate of EIGHTY-SIX DOLLARS ($86.00) per booking. D. Any funds not expended in FY 2008-2009 because the number of juveniles booked is less than the anticipated 667 shall be applied towards next year's Agreement. 6 Attachment number 1 Page 7 of 9 5. TOTAL COMPENSATION The CITY agrees to pay to the BOARD, on October 1, 2008, the sum of SIX HUNDRED FORTY-SEVEN THOUSAND THREE HUNDRED SIXTY-TWO DOLLARS ($647,362.00) which reflects the minimum sum due for all services to be rendered during the term of this Agreement. 6. CONTACT PERSONS The SHERIFF agrees to use best efforts and necessary resources available to tlle SHERIFF to carry out the terms and conditions of this Agreement. Both parties agree that they will cooperate and work together to carry out the terms and conditions of the Agreement. To that end, the parties agree that the following individuals shall be the contact persons for the CITY and SHERIFF respectively. FOR THE CITY FOR THE SHERIFF Sid Klein, Chief of Police 644 Pierce Street Clearwater, FL 33756 (727) 562-4242 Major Dan Simovich P. O. Drawer 2500 Largo, FL 33779-2500 (727) 582-6410 7. BUDGET The BOARD hereby joins in the execution of this Agreement and said BOARD agrees.to amend the Pinellas County Sheriff's Office budget to provide these funds necessary to accomplish the purposes of this Agreement and agrees to cooperate in every way reasonably possible to insure that the purposes stated herein are fulfilled. 7 Attachment number 1 Page 8 of 9 8. CANCELLATION Either party may cancel this Agreement without penalty upon providing notice of such cancellation in writing thirty (30) days in advance of the date of cancellation. Upon such cancellation, the SHERIFF shall retain such sums from the payment set forth above as reflect actual calls for service or property storage at the rate provided herein and shall refund the remainder to the CITY. If the SHERIFF receives reimbursement from the BOARD for any of the services that the SHERIFF will be providing to the CITY pursuant to this Agreement, the SHERIFF shall refund the prorated amount of any unused services to the BOARD. 9. COMPLETE AGREEMENT This Agreement constitutes the full and complete understanding of the parties. 10. MODIFICATION This Agreement may be modified or amended only by a document in writing signed by all the parties hereto. 11. ASSIGNMENT Neither party shall assign any obligations or responsibilities under this Agreement to any third party. 12. INDEMNIFICATION Each party shall be liable for the negligent acts or omissions of its own employees ~in the performance of this Agreement. Nothing contained herein shall be construed to limit or modify the provisions of Florida Statute 768.28. Nothing herein shall abrogate or expand the sovereign immunity enjoyed by the CITY and the SHERIFF pursuant to the provisions of 8 Attachment number 1 Page 9 of 9 Chapter 768, Florida Statutes, nor shall any third party receive any benefit whatsoever from the indemnification provided herein. 13. TERM OF AGREEMENT This Agreement shall be for a period of one (1) year commencing October 1, 2008, and concluding September 30,2009. IN WITNESS WHEREOF the parties to this Agreement have caused the same to be signed by their duly authorized representatives this _ day of 2008. Countersigned: CITY OF CLEARWATER, FLORIDA Mayor-Commissioner City Manager Approved as to form: Attest: City Clerk Approved as to form: SHERIFF OF PINELLAS COUNTY, FLORIDA Deputy General Counsel Jim Coats, Sheriff ATTEST: KEN BURKE, Clerk PINELLAS COUNTY, FLORIDA, By and through its Board of County Commissioners Deputy- Clerk Chairperson APPROVED AS TO FORM: County Attorney 9 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Authorize the Chief of Police to execute a Multi - Agency Voluntary Cooperation Mutual Aid Agreement with the Office of the Attorney General Child Predator Cyber Crime Unit, adopt Resolution 08-16, and authorize the appropriate officials to execute same. SUMMARY: The Police Department, pursuant to Section 23. 1225(1)(a) Florida Statutes, will enter into an agreement with the Office of the Attorney General Child Predator Cyber Crime Unit (CPCU) and other agencies. The principal purpose of this multi-agency agreement is to facilitate resource sharing among agencies and the successful prosecution of violators of the Internet Crimes against Children laws, with particular emphasis to identify and dismantle organized criminal enterprises. In addition, emphasis shall be placed on targeting violators that commit criminal acts in multiple jurisdictions and/or multiple judicial circuits. This agreement will assist Clearwater detectives engaged in these investigations that originate in or have other connections to the City of Clearwater jurisdiction. The agreement does not contemplate the full time detachment of any personnel. Section 23.1225(3) Florida Statutes provides for mutual aid agreements between law enforcement agencies in the State and requires approval and execution by an officer "who is authorized to contractually bind the agency" therefore requiring approval of the City Council for this agreement. This agreement shall become effective upon execution by the Director of the Office of the Attorney CPCU and at least one other participating agency. As each additional party executes this agreement, it shall be effective as to the newly executing party. This Agreement shall remain in full force as to all participating parties until December 31, 2011 unless canceled in writing by the Director or Chief of Law Enforcement of the Office of the Attorney General's CPCU, or as canceled in writing by an individual party. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 9 RESOLUTION NO. 08-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE "MULTI-AGENCY VOLUNTARY COOPERATION MUTUAL AID AGREEMENT CONCERNING THE TAMPA BAY AREA ONLINE CHILD PROTECTION TASK FORCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater pursuant to Section 23.1225(1 )(a), Florida Statutes, is desirous of entering into an agreement that allows voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines by and among participating law enforcement agencies for the purpose of combating the sexual exploitation of children by users of the Internet; and WHEREAS, the City of Clearwater has deemed it to be in the best interests of its citizens to enter into the "Multi-Agency Voluntary Cooperation Mutual Aid Agreement"; and WHEREAS, Section 23.1225(3), Florida Statutes, states that the chief executive officer of a law enforcement agency may enter into a Mutual Aid Agreement when the chief executive officer is authorized to contractually bind the agency; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby authorizes the Chief of Police on behalf of the Clearwater Police Department to execute the "Multi-Agency Voluntary Cooperation Mutual Aid Agreement," a copy of which is attached hereto, between the City of Clearwater and the other participating law enforcement agencies. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _ day of ,2008. Approved as to form: Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Resolution 98-16 # tem 11 Attachment number 1 Page 2 of 9 TAMPA BAY AREA ONLINE CHILD PROTECTION TASK FORCE MULTI-AGENCY VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WHEREAS, the below subscribed law enforcement agencies within the State of Florida have joined together in this agreement (hereinafter "Agreement") to combat the online sexual exploitation of children, the manufacture and distribution of child pornography, and other criminal violations related to persons and organizations engaged in the sexual exploitation of children; and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to investigate and prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WHEREAS, the undersigned agencies have the authority under Part 1, Chapter 23, Florida State Statutes, "the Florida Mutual Aid Act", to enter into a voluntary Agreement for cooperation and assistance of routine law enforcement duties that cross jurisdictional lines; WHEREAS, the undersigned agencies acknowledge that more efficient use of their respective powers and resources can be made when combined and will thereby provide a higher quality of law enforcement services to the public through the coordination of members of the undersigned agencies; NOW THEREFORE, the parties agree as follows: Each of the undersigned law enforcement agencies approve, authorize and enter into this Agreement at the request of the Office of the Attorney General Child Predator CyberCrime Unit (hereinafter "CPCU") for the purpose of accomplishing the goals and objectives contained herein. Parties To This Agreement: Office of the Attorney General Child Predator CyberCrime Unit Other Agencies as evidenced by their attached authorized signature pagers) Parties may, with the approval of the Office of the Attorney General's CPCU, enter into this Agreement as evidenced by their signing of this Agreement. Any party may cancel its Item # 11 Attachment number 1 Page 3 of 9 participation in this Agreement upon delivery of written notice of cancellation to the Director of the Office of the Attorney General's CPCU. Intent Statement, Goals and Provisions for Voluntary Cooperation: It is the intention of the Office of the Attorney General's CPCU to establish this multiMagency mechanism by which area law enforcement agencies can dedicate resources for the purpose of targeting internet crimes against children offenders, along with their associated distribution organizations. The principal purpose of this multi-agency agreement shall be the successful prosecution of violators of the internet crimes against children laws, with particular emphasis placed on efforts designed to identify and dismantle organized criminal enterprises. Furthermore, emphasis shall be placed on targeting violators that commit criminal acts in multiple jurisdictions and/or multiple judicial circuits. Enforcement efforts shall include, but are not limited to, undercover operations designed to detect illegal internet crimes against children activity, including but not limited to violations of Chapter 847 and Chapter 827, Florida Statutes; the arrest and prosecution of those involved; the forfeiture of assets from those engaged in such activity; and the referral of investigative leads and intelligence to such other federal, state or local law enforcement authorizes as may be required and appropriate under this agreement. While the seizure and civil forfeiture of assets is an effective tool in combating organized criminal activity, the seizure and forfeiture of assets shall not take priority over the primary function, which shall be to enforce criminal law violations. Nothing herein shall otherwise limit the ability of participating members to provide, as provided by or allowable by law, such assistance in any enforcement action as may be lawfully requested by a law enforcement officer having jurisdiction over an incident, crime or matter under consideration. The parties to this Agreement are contributing persormel and resources in support of the internet crimes against children enforcement efforts, with the operations being coordinated by the Office of the Attorney General's CPCV. The Office of the Attorney General's CPCU Prosecutor will be involved in investigative review and provide guidance when appropriate to ensure successful prosecution of a case. Additionally, the CPCU Prosecutor will determine whether cases resulting from internet crimes against children investigation shall be prosecuted in state court, or whether an individual case would be best resolved through referral to the United States Attorney for consideration of federal Item # 11 Attachment number 1 Page 4 of 9 prosecution. Should the participating agency disagree with the initial venue determination made by the Office of the Attorney General's CPCU Prosecutor, said agency supervisor should consult with the Office of the Attorney General's CPCU Prosecutor, on an individual case basis, for reconsideration and final decision. Final determination will rest with the Office of the Attorney General's CPCU Prosecutor. Jurisdiction: Members shall enjoy full jurisdictional authority and statewide arrest authority anywhere within the State of Florida, with full power to enforce Florida laws and avail themselves of the provisions of this Agreement when engaged in internet crimes against children operations that have been approved by, and initiated through the Office of the Attorney General's CPCU as contemplated by the Agreement. Members operating outside the jurisdiction of their Agency shall not enjoy extra-jurisdictional authority as a law enforcement officer unless approved in advance by the supervising Lieutenant or the Chief of Law Enforcement of the Office of the Attorney General's CPCU. At no time, will members operating outside the jurisdiction of their Agency execute a search warrant or make an arrest unless accompanied by a sworn law enforcement member of the Office of the Attorney General's CPCU and with the approval of the supervising Lieutenant, Captain, or the Chief of Law Enforcement of the Office of the Attorney General's CPCU. The Parties to this Agreement recognize that any extension of jurisdictional authority beyond the bounds of their employing Agency is by reason of this Agreement and the overall supervision and authority of the Attorney General's CPCU as provided by the "Florida Mutual Aid Act" Pursuant to Section 23.127(1), Florida Statutes. Designated employees of the undersigned Agencies participating under this Agreement shall, when engaging in authorized mutual cooperation and assistance pursuant to this Agreement, have the same obligations, powers, duties, rights, privileges and immunities as if the employee were performing duties inside the political subdivision in which the employee in normally employed. Activities shall be considered authorized only when approved and actually directed as provided herein by the Office of the Attorney General's CPCU. No extension of jurisdiction or authority is granted by this Agreement for law enforcement activities unless they are approved and supervised as provided herein and are internet crimes against children operations or have been encountered directly incident to an approved Office of the Attorney General's CPCU, internet crimes against children operation. If a conflict arises between an order or direction provided by the Office of the Attorney General's CPCU member and a member's employing Agency's rules, standards, or policies, the conflict shall be promptly reported to the Office of the Attorney General's CPCU supervisor, and to the supervisor in the member's agency chain of command. The Office of the Attorney General's CPCU supervisor, in conjunction with the member's agency supervisor, shall attempt to resolve the conflict in a manner that will allow the internet crimes against children operation Item # 11 Attachment number 1 Page 5 of 9 to continue appropriately. At no time will a participating member be forced to violate his/her own agency's policies or rules to carry out an internet crimes against children initiative. The parties to this Agreement may, by a written memorandum of understanding or written attachment to this Agreement, identify or further define particular guidelines, policies, or procedures to be utilized by members when engaged in internet crimes against children operations. In the absence of written memorandum of understanding or attachments, the policies and procedures to be utilized shall be those policies and procedures of the Office of the Attorney General Child Predator CyberCrime Unit. However, as stated above, no member will be expected to violate or otherwise fail to maintain the member's employing Agency's standards of conduct, rules or policies. Powers, Privileges, Costs and Liability-Related Issues: Employees of the participating agencies, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits but inside the state, while in the company of an Office of the Attorney General Child Predator CyberCrime Unit sworn law enforcement member, under the terms of this agreement, shall, pursuant to the provisions of section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. An agency that furnishes equipment pursuant to this agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. Each member agency engaging in internet crimes against children initiatives pursuant to this Agreement agrees to assume its own liability and responsibility for the acts, omissions, or conduct of such Party's own employee while such employees are engaged in internet crimes against children activities/initiatives, and shall remain responsible for the compensation, retirement, workers compensation and other benefits accruing to the benefit of said participating employees, as further discussed below: The Office of the Attorney General Child Predator CyberCrime Unit will provide a secure work area, for each member to conduct internet crimes against children initiatives in accordance with existing guidelines established by the Office of the Attorney General Child Predator CyberCrime Unit. The Office of the Attorney General Child Predator CyberCrime Unit will also provide the necessary covert internet connection to conduct internet crimes against children initiatives and each party to this Agreement will be subject to and abide by the undercover computer policies of CPCU and ICAC policies. Any failure to comply with those policies will void this Agreement and the member agency will be terminated from the CPCU Taskforce. Item # 11 Attachment number 1 Page 6 of 9 Each party to this Agreement agrees to furnish necessary personnel, property, police equipment, including suitable computers for use in conducting covert internet crimes against children initiatives, including vehicles and resources in order to effect the purpose of the internet crimes against children investigative activities, and agrees to bear the cost of loss or damage to its equipment, vehicles or property so provided. Parties understand and agree that they will be responsible for their own liability and bear their own costs with regard to their property and resources, or personnel expenses incurred by reason of death, injury or incidents giving rise to liability. Each Agency furnishing services pursuant to this Agreement shall compensate its employees during the time such services are rendered and shall defray the actual expenses of its employees while they are rendering such services, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such services. The privileges and immunities from liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief, disability workers' compensation, salary (including overtime compensation or compensatory time), death and other benefits that apply to the activity of an employee's Agency when performing the employee's duties within the territorial limits of the employee's Agency shall apply to the employee to the same degree, manner, and extent while such employee acts under this Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and auxiliary employees. Nothing in this agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. Property Seizure and Forfeiture Considerations: No funds or other property seized during the internet crimes against children operations are to be utilized by any member agency prior to successful forfeiture or until the title or interest in the funds otherwise lawfully vests in one of more member agencies. Forfeiture actions based upon seizures made by members shall be based upon current statutory and case law. The Parties agree that the Sheriff of the county wherein the seizure occurs, or the Office of the Attorney General, through its attorneys, will be primarily responsible under this Agreement for pursuing all forfeiture actions on behalf of all Parties in state court, subject to their right to reimbursement of associated costs; however, this provision shall not preclude the use of other forfeiture attorneys or personnel as needed on particular matters, nor shall it preclude the adoption of said seizures for federal forfeiture proceedings when deemed appropriate. Distribution of the proceeds from successful forfeiture actions shall be equitable among the Parties to this Agreement and participating in the operation associated with the seized and forfeited items and shall take into account their relative roles in support of the efforts unless an alternative distribution allocation among the Parties has been agreed upon. Item # 11 Attachment number 1 Page 7 of 9 Any Party to this agreement or any prosecutor handling the criminal prosecution of internet crimes against children cases may request copies of forfeiture complaints and pleadings filed by reason of internet crimes against children seizures, and such copies shall be promptly provided to the requestor. If any legal dispute or concern as to the form or sufficiency of forfeiture actions or other action proposing to vest the interest of member agency (ies) in seized cash or property is raised by any of the Parties to the Agreement, an attempt to resolve the issue through informal discussion and contacts shall be made. In the event any Party to this Agreement believes that there is no legal sufficiency upon which to pursue the forfeiture of particular seized cash or property, and concerns cannot be resolved, no forfeiture action is to be filed. All options available to state and local law enforcement agencies with regard to unclaimed evidence or abandoned property, gifts and plea agreements are available, provided the property under consideration otherwise qualifies under law for such consideration. Forfeiture actions shall be further governed by terms and conditions described in Section 932.704(11)(a), Florida Statutes. Evidence and Records: The Parties agree that reports and records shall be maintained in accordance with the policies and guidelines established by the Attorney General's CPCU and will utilize the CPCU case tracking and evidence database. This will not restrict member agencies from utilizing their agencies current case reporting mechanism in documenting investigative reports as dictated by agency policy. Evidence shall be seized in accordance with each member's agency guidelines and all evidence seized in internet crimes against children operations shall be maintained by the participating local agency in whose jurisdiction the evidence was initially seized. The Office of the Attorney General's CPCU may at any time order a review and audit by the Office of the Attorney General Inspector General's Office, of operations with regard to the seizure and handling of all evidence, property, or cash or any other aspect of internet crimes against children operations. The Parties agree to cooperate in any such audit by allowing full access to documents, personnel and facilities to perform the audit function. Terms of Agreement: This Agreement shall become effective as to the executing Parties upon execution by the Director of the Office of the Attorney General's CPCU and at least one other participating=Agency. As each additional Party executes this Agreement, it shall be effective as to the newly executing Party. Item # 11 Attachment number 1 Page 8 of 9 This Agreement shall remain in full force as to all participating Parties until December 31, 2011, unless canceled in writing by the Director or Chief of Law Enforcement of the Office of the Attorney General's CPCU, or as canceled in writing by an individual Party as provided herein. This Agreement may be duplicated for dissemination to all Parties and such duplication shall be of the same force and effect as the original. Execution of this Agreement may be signified by properly signing a separate signature page, the original of which shall be returned to, and maintained by, the Chief of Law Enforcement, Office of the Attorney General's CPCU, 1300 Riverplace Blvd, Suite 405, Jacksonville, FL 32207. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. Item # 11 Attachment number 1 Page 9 of 9 A2:encv Si2:nature Pa2:e Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement to Combat Internet Crimes Against Children Pursuant to F.S. 23.1225(3), this agreement may be entered into by a chief executive officer of the Agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page any further evidence of authorization you wish to remain on file at the Office of the Attorney General's CPCU along with this signature page. ..............................................................................1 For the (Agency) (Signature) (See Resolution 08-16, attached hereto, authorizing this signature) (Printed Name) (Title) (Date) Item # 11 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve submission of a FY 2008 Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance grant application in the amount of $30,414 to fund the purchase of Tactical Weapons Illuminators and Holsters. (consent) SUMMARY: . On July 8, 2008, the Clearwater Police Department (CPD) submitted the attached application online to the U.S. Department of Justice, Bureau of Justice Assistance, for a FY 2008 Edward Byrne Justice Assistance Grant in the amount of $30,414 for its Tactical Weapons Illuminator Project. The grant submission was approved by the Resource Management Committee on July 2, 2008. . The Tactical Weapons Illuminator is the original rail mount weapons light that is compatible with the handguns used by all CPD officers. The light attaches onto the weapon and provides powerful light, as well as fast and significantly clearer identification of the target. The grant will fund the purchase of 240 lights and 240 holsters, providing all sworn personnel with the equipment. . There are no additional personnel associated with this grant. . Total purchase price for lights and holsters will be $34,113.60. Total of federal grant funds will be $30,414.00, the maximum that CPD is eligible to apply for. The balance of $3,699.60 will be paid for from the department's SLEF account. . USDOJ/BJA requires that all JAG grant applications be reviewed and approved by the City Council before USDOJ/BJA will consider approval of grant funding. Type: Current Year Budget?: Operating Expenditure None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: -0- Annual Operating Cost: Total Cost: Cover Memo 2008 to 2009 Item # 12 Appropriation Code Amount Appropriation Comment 181-99330 $3,699.60 Review Approval: 1) Clerk 2) Office of Management and Budget 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 1 Proqram Narrative The City of Clearwater Police Oepartment (CPO) requests authorization to apply for a FY 2008 Edward Byrne Justice Assistance Grant in the amount of $30,414 for its Tactical Weapons Illuminator Project. The Tactical Weapons Illuminator is the original rail mount weapons light that is compatible with the handguns used by all CPO officers. The light attaches onto the weapon and provides powerful light, as well as fast and significantly clearer identification of the target. The light weighs less than 4 ounces and will not hamper performance or shooter skill. The accompanying holsters are necessary for the Illuminator to be stored on the officer's belt with the weapon. The Tactical Weapons Illuminator will prove to be extremely useful to CPO officers in low light situations and will greatly enhance officer safety. Currently when CPO patrol officers conduct building searches, foot chases, felony traffic stops, and/or active-shooter situations in low-light conditions, officers must use one hand for their weapon and the other for their flashlight. Having a weapons-mounted lighting system would free up the officer's non-shooting hand, allowing the officer to use that hand and not have to worry about aiming a flashlight in addition to a gun. Ouring CPO's active-shooter training in the summer of 2005, the training unit developed scenarios that required officers to bring their flashlights with them in the event of low- light conditions. Numerous times during the training, unarmed role players were shot during the split second that it to took for the officer to decide whether to shoot or be shot. When questioned about the shootings, officers stated that their biggest concerns were the lighting issue and poor hand position while holding the flashlight. These officers all stated that if they had had a weapons-mounted light system, the outcome of the training scenario would have been different. The grant will fund the purchase of 240 lights and 240 holsters, providing all sworn personnel with the equipment. Cost per light is $62.14 x 240 for a total of $14,913.60. Cost per holster is $80 x 240 for a total of $19,200.00. Total purchase price for lights and holsters will be $34,113.60. Total of federal grant funds will be $30,414.00, the maximum that CPO is eligible to apply for. The balance of $3699.60 will be paid for from CPO's Special Law Enforcement Fund account. Item # 12 Attachment number 2 Page 1 of 4 Budget Detail Worksheet A. Personnel - List each position by title and name of employee, if available. Show the annual salary rate and the percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. Name/Position Salary Compensation Cost TOTAL -0- B. Fringe Benefits - Fringe benefits should be based on actual known costs or an established formula. Fringe benefits are for the personnel listed in budget category (a) and only for the percentage of time devoted to the proj ect. Name/Position Benefits Computation Cost TOTAL -0- C. Travel- Itemize travel expenses of project personnel by purpose (e.g., staff to training, field interviews, advisory group meeting, etc.). Show the basis of computation (e.g., six people to 3-day training at $X airfare, $X lodging, $X subsistence). In training projects, travel and meals for trainees should be listed separately. Show the number of trainees and the unit costs involved. Identify the location of travel, if known. Indicate source of Travel Policies applied, Applicant or Federal Travel Regulations. Purpose of Travel Destination Item Computation Cost TOTAL -0- D. Equipment - List non-expendable items that are to be purchased. Nonexpendable equipment is tangible property having a useful life of more than two years and an acquisition cost of $5,000 or more per unit. (Note: Organization's own capitalization policy may be used for items costing less than $5,000). Expendable items should be included either in the "Supplies" category or in the "Other" category. Applicants should analyze the cost benefits of purchasing items versus leasing equipment, especially high-cost items and those subject to rapid technical advances. Rented or leased equipment costs should be listed in the "Contractual" category. Explain how the equipment is necessary for the success of the project. Attach a narrative describing the procurement method to be used. Item # 12 Attachment number 2 Page 2 of 4 I Item Computation Cost I TOTAL -0- E. Supplies - List items by type (office supplies, postage, training materials, copying paper, and expendable items costing less than $5,000, such as books, hand-held tape recorders), and show the basis for computation. (Note: Organization's own capitalization policy may be used for items costing less than $5,000). Generally, supplies include any materials that are expendable or consumed during the course of the proj ect. F. Supply Items Tactical weapons illuminator Computation $62.14 per light x 240 Cost $14,913.60 Accompanying holster for weapon and light $80.00 per holster x 240 19,200.00 TOTAL $34,113.60 F. Construction - As a rule, construction costs are not allowable. In some cases, minor repairs or renovations may be allowable. Consult with the program office before budgeting funds in this category . Purpose Description of Work Cost TOTAL -0- G. Consultants/Contracts - Indicate whether applicant's formal, written Procurement Policy or the Federal Acquisition Regulations are followed. Consultant Fees: For each consultant enter the name, if known; service to be provided; hourly or daily fee (8-hour day); and estimated time on the project. Consultant fees in excess of $250 per day require additional justification an prior approval for alP. Name of Consultant Service Provided Computation Cost Subtotal $-0- Consultant Expenses: List all expenses to be paid from the grant to the individual consultants in addition to their fees (e.g., travel, meals, lodging, etc.). Item Location Computation Cost Item # 12 Attachment number 2 Page 3 of 4 Subtotal ~ I Contracts: Provide a description of the product or service to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole source contracts in excess of $100,000. Item Cost Subtotal -0- TOTAL -0- H. Other Costs - List items (e.g., rent, reproduction, telephone, janitorial or security services, and investigative or confidential funds) by major type and the basis of the computation. For example, provide the square footage and the cost per square foot for rent, and provide a monthly rental cost and how many months to rent. Description Computation Cost TOTAL -0- I. Indirect Costs - Indirect costs are allowed only if the applicant has a Federally approved indirect cost rate. A copy of the rate approval (a fully executed, negotiated agreement) must be attached. If the applicant does not have an approved rate, one can be requested by contacting the applicant's cognizant Federal agency, which will review all documentation and approve a rate for the applicant organization, or if the applicant's accounting system permits, costs may be allocated in the direct cost categories. Description Computation Cost TOTAL -0- J. Budget Summary - When you have completed the budget worksheet, transfer the totals for each category to the spaces below. Compute the total direct costs and the total project costs. Indicate the amount of Federal funds requested and the amount of non-Federal funds that will support the project. Budget Category Amount A. Personnel $-0- Item # 12 B. Fringe Benefits C. Travel D. Equipment E. Supplies F. Construction G. Consultants/Contracts H. Other Total Direct Costs I. Indirect Costs TOTAL PROJECT COSTS Federal Request $30,414.00 Non-Federal Request 3,699.60 Attachment number 2 Page 4 of 4 $-0- $-0- $-0- $34,113.60 $-0- $-0- $-0- $34,113.60 $-0- $34,113.60 Item # 12 Attachment number 3 Page 1 of 1 Bud2et Narrative Supplies ($34,113.60) The grant will fund the purchase of 240 tactical weapons illuminator lights and 240 accompanying holsters, providing all sworn personnel with the equipment. The tactical weapons illuminator is the original rail mount weapons light that is compatible with the handguns used by all Clearwater Police Oepartment (CPO) officers. The light attaches onto the weapon and provides powerful light, as well as fast and significantly clearer identification of the target. The light weighs less than 4 ounces and will not hamper performance or shooter skill. The accompanying holsters are necessary for the Illuminator to be stored on the officer's belt with the weapon. The Tactical Weapons Illuminator will prove to be extremely useful to CPO officers in low light situations and will greatly enhance officer safety. Cost per light is $62.14 x 240 for a total of $14,913.60. Cost per holster is $80 x 240 for a total of $19,200.00. Total purchase price for lights and holsters will be $34,113.60. Total of federal grant funds will be $30,414.00, the maximum that CPO is eligible to apply for. The balance of $3699.60 will be paid for from the department's Special Law Enforcement Fund account. Item # 12 Attachment number 4 Page 1 of 1 Review Narrative for JAG Date: July 7, 2008 On July 2,2008, the JAG grant application was submitted for review and approved by the City of Clearwater's Resource Management Committee. The JAG grant application is also being submitted for review by Clearwater's City Council. The application will be reviewed and approved at the public meeting scheduled for August 7,2008. Also on July 7,2008, a notice was placed on the Clearwater Police Department's official web site at notifying the public of Clearwater's intention to submit a JAG grants application and inviting public comment. Janet Skinner Grants Coordinator Item # 12 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve acceptance of a FY 2008 Department of Justice, Bureau of Justice Assistance (DOJ/BJA) grant in the amount of $99,730 for a one- year period to fund the Clearwater Area Task Force on Human Trafficking Immersion Training Project. (consent) SUMMARY: 1. On October 18, 2006, the City Council approved the acceptance of the Clearwater Police Department's (CPD) Law Enforcement Task Forces and Services for Human Trafficking Victims Grant from DOJ/BJA. In less than two years, the Clearwater Area Task Force on Human Trafficking (CATFHT) has come to be recognized as a model program by DOJ/BJA. 2. As a result, CATFHT has been invited by DOJ/BJA to serve as a Human Trafficking Task Force Leadership and "Immersion Training" Site. The purpose of this grant is to promote visits by other Human Trafficking Task Forces to Clearwater in order to help them work more effectively in identifying and rescuing victims of human trafficking, and prosecute traffickers. The grant is awarded to cover any expenses in time and equipment incurred by the City and its non-profit partners to deliver the immersion training. 3. It is anticipated that the work associated with this grant project will be multi-faceted in scope and delivery and goes beyond the scope of CATFHT's current human trafficking grant project and funding. The work includes, but is not limited to, the following: (1) assist in the original development of subject matter content for the immersion learning process; (2) assist in the identification of "best practices" that a new or existing Human Trafficking Task Force might want to consider as part of a model task force implementation; and, (3) serve as a training location for selected task forces identified by DOJ/BJA and provide intense training to selected attendees in the form of mentoring, coaching, advising and demonstration of successful practices. 4. All supplies, equipment, overtime and contractual services will be utilized to perform the above-referenced tasks and is in line with suggested DOJ/BJA budget line items for this project. Per DOJ/BJA directives, CPD is required to utilize a portion of the grant funds to reimburse the non-governmental organizations that are participating in the project and CATFHT. This includes the YWCA of Tampa Bay, World Relief, Gulfcoast Legal Services, and the St. Petersburg Regional Community Policing Institute (RCPI). 5. Costs associated with this project will include: overtime for police officers; travel expenses; two laptop computers; an LCD projector; video teleconferencing system; speaker phone system; fax machine; wireless microphone system; miscellaneous office supplies (paper, pens, etc.); printing/graphics of pamphlets/information cards; vehicle rental; update of CATFHT website; and contractual services provided by the YWCA, World Relief, Gulfcoast Legal Services, and RCPI. The two laptop computers to be purchased will be donated to the YWCA and World Relief, as arranged through Clearwater's Information Technology Department. 6. Contractual agreements between the City of Clearwater and the YWCA of Tampa Bay; World Relief Tampa; Gulfcoast Legal Services; and RCPI have been prepared. Copies of the agreements will be available for review in the Office of Official Records and Legislative Services. 7. Special Project No. 181-99268 has been established to account for the grant expenditures. There is no match and there are no additional FTE's associated with this grant. Type: Current Year Budget?: Operating Expenditure None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: -0- Annual Operating Cost: Total Cost: Cover Memo 2008 to 2009 Item # 13 Appropriation Code 181-99268 Amount $99,730 Appropriation Comment Review Approval: 1) Legal 2) Clerk 3) Office of Management and Budget 4) Clerk 5) City Manager 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 13 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Contract (Blanket Purchase Order) for $250,000 to Wingfoot Commercial Tire of Clearwater, FL for the purchase of Goodyear tires for City Motorized equipment per piggyback of Florida State Contract #863-000-06-1 and authorize the appropriate officials to execute same. (consent) SUMMARY: This blanket purchase order covers the purchase of several sizes of tires for use on all City vehicles. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 566-06611-550700-519-000 Purchase Yes Budget Adjustment: None $250,000 Annual Operating Cost: Total Cost: $250,000 9/1/08 to 8/31/09 Amount $250,000 Appropriation Comment BPO Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Solid Waste/General Support Services 3) Office of Management and Budget 4) Solid Waste/General Support Services 5) Office of Management and Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) Clerk 10) City Manager 11) Clerk Cover Memo Item # 14 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Renew a contract (Purchase Order) to Allied Universal Corporation of Miami, FL from September 1,2008 through June 30, 2009 for a total value of $142,450 for Liquid Sodium Hypochlorite; approve a 91 day extension and an increase to an existing purchase order to Odyssey Manufacturing Co, Tampa, Florida, increasing the value by $65,683.00 for a total amount of $165,043.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: Liquid Sodium Hypochlorite (bleach) is used to disinfect wastewater effluent and aids odor control at the City of Clearwater's three Water Pollution Control facilities. The City has converted from use of chlorine gas to bleach in order to better protect the community, environment and operations personnel. While the Northeast Plant has been permanently converted, the Marshall Street and East Plants are disinfecting with temporary bleach systems, while permanent bleach systems are being implemented. This staged conversion is driven by the City's ability to fund the improvements associated with the overall conversion projects at the treatment facilities. This the third and final renewal authorized in the terms of Bid 24-05 to Allied Universal. Odyssey Manufacturing Co provides the bleach to the temporary disinfection systems currently in place at the Marshall Street and East Plants. The current purchase order was set up February 14th, 2008 and will be extended to last throughout the calendar year (end date of Dec 31,2008). The remaining conversion schedule is tied to a separate Capital Improvements Project, (City Project 07 -0021-UT, Marshall Street and Northeast APCF Centrifuge Dewatering and Marshall Street and East APCF Hypochlorite Conversion), prompting the City to have two separate agreements. When the permanent systems are fully functional at all 3 plants, this commodity will be re- bid. For the Allied purchase order sufficient budget is planned in the Water & Sewer operating budget request to be brought forward for FY08/09 WPC Operations, 0421-01351-551000, in the amount of $25,000. For the Odyssey purchase order sufficient budget is available in the Water & Sewer Utility Fund operating cost center, WPC Operations, 0421-01351-551000, to fund $21,730 of the current year cost of this contract and is planned in the budget request to be brought forward for FY08/09 in the amount of $43,953.00 Type: Current Year Budget?: Operating Expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: 90,683.00 Annual Operating Cost: Not to Exceed: 90,683.00 Total Cost: 90,683.00 For Fiscal Year: 2007 to 2009 Appropriation Code Amount Appropriation Comment 0421-01351-551000-535- 25,000.00 see summary section 000-0000 0421-01351-551000-535- 65,683.00 see summary section 000-0000 Cover Memo Item # 15 Bid Required?: Yes Bid Number: RFP #24- 05 Other Bid / Contract: Review Approval: Bid Exceptions: None 1) Financial Services 2) Engineering 3) Financial Services 4) Office of Management and Budget 5) Legal 6) Clerk 7) Assistant City Manager 8) Clerk 9) City Manager 10) Clerk Cover Memo Item # 15 Attachment number 1 Page 1 of 10 1.1 General: The intent and purpose of this specification document (the "Specification") is for the Contractor to furnish and deliver liquid sodium hypochlorite (12.5 Trade Percent Available Chlorine) FOB destination in accordance with the American Water Works Association's (AWW A's) Standard B-300-99 for hypochlorite, except as modified or supplemented herein, to the City of Clearwater Water and Wastewater Utilities. 1.2 Award: Award will be made to the lowest responsible and responsive bidder meeting the Specification; price, product quality, safety record, previous performance, reliability and other factors to be considered. The City of Clearwater will not be responsible for any transactions between the successful bidder(s) and any public entity that may elect to utilize this bid. 2.1 Definition: For purposes of this Bid, the term "Bidder" shall be defined as the company submitting a bid to the City of Clearwater and shall include all subsidiaries, affiliates, and subcontractors. As such, any requested documentation shall apply to all subsidiaries and affiliated companies as well as any subcontractors. In the event that a company is using a subcontractor to either manufacture or deliver the product, the requested items (e.g., references, terminations, and safety incidents) shall apply to the subcontractor as well. 2.2 Bid Sample: Each prospective Bidder shall submit a 1500 ml "chilled" sample of their product representative of their manufacturing process from Bidder's manufacturing facility which would serve the customer to one of the approved testing laboratories listed in this Specification for analysis within the past ninety (90) days. The laboratory shall ascertain whether the Bidder's product is in compliance with this Specification for available chlorine, % sodium hypochlorite, excess caustic, iron, copper, nickel, chlorate, bromate and suspended solids (based on Filter Test time). The cost of the analysis shall be borne by Bidder. The results of the analysis shall be submitted with the Bidder's proposal. Failure to submit a sample or meet the requirements of the Specification shall result in Bidder being disqualified. 2.3 Other Samples: Further, City of Clearwater reserves the right to take samples from Bidder's other customers to ensure that the Bidder's sample and delivery equipment is in compliance with all the requirements of this Specification and such a sample shall be judged representative of the Bidder's quality. The Bidder shall provide a customer contact and phone number in either Pasco, Pinellas or Hillsborough County whereby the City of Clearwater may obtain sample of Bidder's product to check it for compliance with the Specification. Notwithstanding the foregoing, the City of Clearwater may choose to obtain a sample this customer or from any of Bidder's customers to ensure compliance with the Specification. In such event, the City of Clearwater shall bear the cost of any analysis. Based on this compliance check, failure to meet the requirements of this Specification shall result in Bidder being disqualified. 1 Item # 15 Attachment number 1 Page 2 of 10 2.4 References: Each prospective Bidder shall submit a list of at least ten(l 0) references to include phone numbers that use or have used its sodium hypochlorite at both water and wastewater treatment plants in the past three years. The Reference List shall list actual users at the water and wastewater plants and not purchasing agents. Additionally, each Bidder shall provide the names of any customers where its contract was terminated early (e.g., debarred) for safety, quality, or service issues for any product it supplies over the past five years. The Bidder shall also provide a detailed listing of all accidents, incidents, releases, spills, vehicle accidents involving death or injury and National Response Center Notifications ("safety incidents") for all chemicals it delivers or manufacturers for the past five (5) years. Failure to disclose references, terminations, or safety incidents will result in Bidder being disqualified from bidding on this product. 2.5 Emergency Plans: As part of its Emergency Preparedness Planning and Spill Response Plan, each prospective Bidder shall submit a list with 24-hour access phone numbers of at least two degreed engineers (preferably Chemical Engineers) listing their degree, college or university and year of graduation, experienced in sodium hypochlorite operations to provide emergency support services on a 24/7 basis in the event of a spill, equipment failure or other emergency. Failure to submit this list including its specific requirement will result in Bidder being disqualified. 2.6 Safety and Reliability: As part of assessing the Bidder's reliability and safety record, the prospective Bidder shall include all regulatory actions including but not limited to, copies of any fines, correspondence and consent orders relating to the operation of ALL of its manufacturing and distribution facilities. Additionally, the Bidder shall submit a copy of its OSHA Form 300A/300 logs for the past three years (if the Bidder utilizes a third party driving company or affiliated company, then they shall submit the OSHA 300 logs for that company as well). The City of Clearwater may require a site visit to the Bidder's manufacturing and distribution facilities to assess their safety and reliability as part of the bid evaluation process. 3.1 Term: The initial term of the contract for the sodium hypochlorite shall be for two (2) years ("Initial Term") with up to two (2) one year renewal periods. Each of the renewal periods is subj ect to mutual agreement and approval by both City of Clearwater and the Contractor. The effective date of service under this supply agreement shall be June 1,2005. 3.2 Pricing: All pricing shall be in terms of a price per gallon (freight prepaid FOB to each City of Clearwater facility). The price of the sodium hypochlorite shall be fixed for the Initial Term of this agreement and shall not be subject to any price escalation or fuel surcharges (the "Base Price"). If the parties agree to renew the agreement for the first time, the new price for the first year renewal period shall be the Base Price multiplied by the cumulative change in the Bureau of Labor Statistics Consumer Price Index (CPI) for the period of April I, 2005 though March 31,2007. If the parties agree to renew the agreement for a second period, the new price for the second year renewal period shall be the price in the first renewal period multiplied by the cumulative change in the Bureau of Labor Statistics Consumer Price Index (CPI) for the period of April I, 2007 through March 31, 2008. 3.3 Payment Terms: NET 30 days. 2 Item # 15 Attachment number 1 Page 3 of 10 4.1 Contractor shall make "normal" deliveries within two (2) calendar (i.e., not "working" days) days after receipt of order and must make "emergency" deliveries within 24 hours. An emergency delivery is defined as a delivery which is necessary in order to prevent the City of Clearwater from running out of sodium hypochlorite in less than 24 hours. The City of Clearwater shall endeavor to minimize the number of "emergency" deliveries. 4.2 All deliveries ofliquid sodium hypochlorite shall be freight prepaid, F.O.R to each City of Clearwater facility. 4.3 Delivery time of day shall be arranged upon placement of order. Deliveries made to unmanned facilities must be coordinated with the City of Clearwater so the driver can gain access to the facility. 4.4 All deliveries ofliquid sodium hypochlorite shall be made by properly cleaned carrier tank truck to the locations specified in paragraph 5 below. 4.5 Packaging and shipment ofliquid sodium hypochlorite shall conform to all current regulations of the State of Florida, the United States Department of Transportation and all other applicable regulatory agencies. 4.6 All delivery personnel must have company cell phones to facilitate deliveries to unmanned and manned facilities. Experience has shown this to be critical to effective coordination of deliveries to the various City of Clearwater facilities. 4.7 City of Clearwater reserves the right to change quantities and delivery dates at its discretion with a 24-hour notice. 4.8 The Contractor shall be responsible for pumping liquid sodium hypochlorite into the storage tanks at the delivery sites and shall provide all necessary hoses, fittings, air- padding, pumps, etc. required to safely and efficiently "offload" the liquid sodium hypochlorite into designated storage tanks. Contractor shall be responsible for ascertaining the correct storage tanks and fill point locations to prevent accidental discharge of the product into the wrong storage tank(s). 4.9 The Contractor shall be responsible for any spills resulting from the failure of its or its subcontractor's delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. Proper performance shall require attendant delivery personnel's constant inspection and observation of unloading operations and knowledgeable response to problems or emergencies, which would most commonly be expected to occur. The City of Clearwater reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or leaking sodium hypochlorite. 4.10 The tanks or trailers shall be clean and free of residue that may contaminate the Contractor's product or impede the unloading process. It is the Contractor's responsibility to verify the cleanliness of the transporting equipment before loading. 3 Item # 15 Attachment number 1 Page 4 of 10 All appurtenant valves, pumps, and discharge hoses used for the delivery of sodium hypochlorite shall be supplied by the Contractor and shall be clean and free from contaminating material. The City of Clearwater may reject a load if the equipment is not properly cleaned. Contractor shall furnish the City of Clearwater an approved, leak-free connection device between the trailer and its intake receptacle. The Contractor shall observe the entire filling operation at each delivery site and shall immediately report any spills caused during the filling operations. The Contractor shall take immediate and appropriate actions to clean up any spilled liquid sodium hypochlorite. If the spill is not cleaned up, the City of Clearwater will hire a certified hazardous material handling company to clean up the spill, and the cost of such service will be charge to the Contractor and deducted from the amount due to the Contractor. If the City of Clearwater's unloading equipment such as pipe, valves or level indication and alarms should fail and the spillage is not the fault of the Contractor or its subcontractor, the Contractor shall be relieved of cleanup of the spill. 4.11 Because of security and safety concerns, all delivery vehicle drivers shall be U. S. citizens and have a proper commercial driver's license with a Hazardous Material endorsement. Contractor's drivers shall display its driver's license and whenever challenged by the City of Clearwater during the delivery. In addition, Contractor shall supply the City of Clearwater a "CD" with digital photographs of all of its delivery drivers with names imposed and shall send out an updated CD within 24 hours of any changes to its drivers. The City of Clearwater shall use the CD to verify whether driver is actually an employee of the Contractor. Failure to show proper license or failure of driver to be listed on the CD provided to the City of Clearwater shall result in rejection of delivery and subsequent possible termination of the Contractor's supply agreement. 4.12 Delivery Shipments shall be rejected which fail to meet any of the requirements of the Specification. In the event a delivery shipment is rejected, upon notification to the Contractor that the shipment is rejected, Contractor shall be required to ship a replacement delivery to the affected location within four (4) hours from time of notification. Failure to provide replacement product that meets the Specification within the specified time period will constitute failure to comply with the delivery requirements set forth in this document. 5.1 Delivery sites and quantities are subject to deletions or additions as necessary to meet the water production demands of the City of Clearwater and its Member Governments. 5.2 Split deliveries to multiple locations will be coordinated and accepted by the City of Clearwater to encourage economical delivery of product via bulk tankers dependent on storage capacities at time of delivery. 5.3 Liquid Sodium Hypochlorite consumption at each location is an estimate only and the City of Clearwater shall not be bound by these amounts in its contract with Contractor. 5.4 Delivery Locations: 4 Item # 15 Attachment number 1 Page 5 of 10 LOCA TION STORAGE CAPACITY ESTIMA TED ANNUAL QUANTITY East WWT Plant 850 GALLONS 6,000 GALLONS 3141 Gulf to Bay Blvd. Clearwater, FL 33756 NE WWT Plant 20,000 GALLONS 180,000 GALLONS 3290 S.R. 580 Clearwater, FL 34695 6.1 Hypochlorite supplied under this contract shall be tested and certified as meeting the Specification, the A WW A Standard B300-99 and those of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health Effects. 6.2 It is the responsibility of the Contractor to inform the City of Clearwater that its NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification shall constitute sufficient grounds for immediate termination of the contract between City of Clearwater and Contractor. 6.3 Liquid sodium hypochlorite delivered under this Specification shall have a minimum of 120 Grams per Liter (GPL) available chlorine equivalent (a.k.a., 12.0 Trade Percent Available Chlorine) and shall be consistent as determined by chemical analysis. 6.4 Product shall be a clear straw colored liquid with no visible cloudiness, impurities, or sediment. It shall contain no soluble materials or organic substances in quantities capable of producing deleterious or injurious effects on the health of those consuming water treated with the liquid sodium hypochlorite. 6.5 Liquid sodium hypochlorite delivered under this Specification shall have a minimum of 0.15 percent by weight sodium hydroxide and a maximum of 0.40 weight percent sodium hydroxide. 6.6 Liquid sodium hypochlorite delivered under this contract shall meet the following containment concentration limits: Iron < 0.3 mg/L Copper < 0.03 mg/L Nickel < 0.03 mg/L Chlorate < 2,000 mg/L Bromate :S 20 mg/L 6.7 The delivery time of the shipment shall not exceed 72 hours from the time of manufacture of the liquid sodium hypochlorite. 5 Item # 15 Attachment number 1 Page 6 of 10 6.8 The suspended solids in the sodium hypochlorite delivered under this contract shall be minimized and the shipments delivered shall achieve a filtration time ofless than 3 minutes for 1000 ml when applying the ,. Method co-developed by Dr. Bernard Bubnis of NovaChem and previously referenced in this Specification. 7.1 Sampling and Testing 7.1.1 All Sampling and Testing shall be in accordance with EP A and A WW A B300- 99 standards and in accordance with the documents titled: " , distributed by Powell Fabrication and Manufacturing, Inc. and available at 7.1.2 The approved laboratories are listed below for all sampling and testing whether during the bidding period or after award. No other Laboratory shall be used unless expressly authorized as an Addendum to the bid issued by City of Clearwater amending the Specification or an amendment to the contract between the City of Clearwater and Contractor. NovaChem Laboratories (formerly Novatek) 5172 College Comer Pike PO Box 608 Oxford, Ohio 45056 Ph: 513-523-3605 Fax: 513-523-4025 Southern Analytical Lab 11 Oldsmar, Florida 33677 Ph: 813-855-1844 Fax: 813-855-2218 Attn: Patty 7.1.3 Sampling and Testing Prior to Unloading: The Contractor's delivery trailer shall have a sample port to provide a sample for analysis. At the sole discretion of the City of Clearwater, the Contractor's delivery personnel (driver) may be asked to provide a sample ofliquid sodium hypochlorite before the shipment is unloaded. The City of Clearwater will supply the sample container and the driver shall collect the sample from the tank truck and turn it over to the City of Clearwater. The sample shall be considered representative of the lot. The City of Clearwater reserves the right to subject samples of the liquid sodium hypochlorite to quick analyses to ensure that it meets basic conditions of the specification with respect to specific gravity, weight percent of sodium hypochlorite, sodium hydroxide, and suspended solids. Any lot tested by City of Clearwater that fails to comply with the Specification shall constitute grounds for rejection of that lot. No payment shall be made for hypochlorite that is rejected. The Contractor or its subcontractors shall allow 60 minutes for this testing to be completed. If testing can not be completed within the 60-minute period, the City of Clearwater shall allow the Contractor to unload the shipment. In the event that the load is rejected, the Contractor shall have four (4) hours to supply another 6 Item # 15 Attachment number 1 Page 7 of 10 shipment. In the event that the Contractor is unable or unwilling to supply another shipment within this time period, the City of Clearwater has the right to procure a shipment from another source and this will failure to deliver shall constitute a second rejection. Three rejections of a lot or shipment during any period of this contract shall constitute automatic termination of the Contractor's supply contract with the City of Clearwater. 7.1.4 Sampling and Test of Shipment After Unloading. The City of Clearwater reserves the right to subject samples of the liquid sodium hypochlorite to complete analyses to ensure that it meets EP A specifications, A WW A B300-99 specifications, and the Specification. Three failures during any period of this contract shall constitute automatic termination of the Contractor's supply contract with the City of Clearwater. 7.1.5 Certified Analvsis. Contractor shall supply an affidavit, signed by a corporate designated official, certifying that the liquid sodium hypochlorite furnished by the Contractor, complies with all applicable requirements of this Specification and A WW A Standard B300-99, latest revision. The affidavit shall also indicate compliance with Water Chemicals Codex directives, latest revision, for impurity limits. 7.2 Manufacturer's Laboratory Delivery Reports 7.2.1 A certified report from the manufacturer shall be submitted for each liquid sodium hypochlorite delivery to the City of Clearwater. 7.2.2 The report shall contain the following data: . Date and Time of Manufacture . Percent by Weight Sodium Hypochlorite . Percent by Weight Excess Sodium Hydroxide . Specific Gravity (Referenced to a temperature) . Suspended Solids Test Time 7.2.3 No deliveries will be accepted by the City of Clearwater unless accompanied by said certified laboratory report for the specific batch of liquid sodium hypochlorite delivered showing the above data and that it conforms to the Specification. Regardless of whether at different delivery sites, failure to comply with this provision three (3) times during the contract period shall constitute sufficient grounds for termination of the contract between the City of Clearwater and Contractor. 7.3 Quarterly Reports 7.3.1 At the start of the contract and every 90 days, the Contractor shall utilize one of the approved testing agencies listed in this Specification to analyze a sample of the liquid sodium hypochlorite delivered to the City of Clearwater. The Contractor shall supply the sample container and the driver shall collect the sample from the tank truck. This sample will be given to the City of Clearwater at the time of the sample and City of 7 Item # 15 Attachment number 1 Page 8 of 10 Clearwater shall forward the sample to the approved authorized testing agency. Any failure to comply with the Specification shall constitute grounds for cancellation of the contract between the City of Clearwater and Contractor. 7.3.2 Charges for the manufacturer's certified report and all quarterly reports by outside testing agencies should be included in the bid price. 8.1 Contractor Safety Requirements 8.1.1 Contractor must ensure delivery personnel's compliance with all OSHA requirements, including personal protective equipment for Contractor delivery personnel, including without limitation chemical goggles, transparent face shield and hard hat, rubber gloves, rubber boots, and rubber or plastic-coated fabric apron or slicker suit. Contractor delivery personnel must wear at minimum, chemical goggles and rubber gloves when handling hoses and valves. 8.1.2 Contractor delivery personnel must remain within a safe proximity while the transfer is in progress and continuously monitor for leaking hoses, connections, or other problems. It is the responsibility of Contractor delivery personnel to contain leaks and to report any and all spills. 8.2 Material Safety Data Sheets. In compliance with Chapter 442 Florida Statutes, any chemical delivered form a Contractor, must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must be maintained by the user agency and must include the following information: . The Chemical Name and the common name of the toxic substance . The hazards and other risks in the use of the toxic substance, including: The potential for fire, explosion, corrosivity and reactivity; The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and The primary routes of entry and symptoms of overexposure. . The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of, or exposure to, the toxic substances, including appropriate emergency treatment in the case of overexposure. . The emergency procedure for spills, fire, disposal and first aid. . A description, in lay terms, of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. . The year and month, if available, that the information was complied and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. . Any questions regarding this requirement shall be directed to: Department of Labor and Employment Security 8 Item # 15 Attachment number 1 Page 9 of 10 Bureau of Industrial Safety and Health Toxic Waste Information Center 2551 Executive Center, Circle West Tallahassee, Florida 32301-5014 Phone: 800/367-4378 8.3 Emergency Plan of Action and Safety Training 8.3.1 Within 30 days of award and acceptance of the contract for the supply of liquid sodium hypochlorite, the Contractor shall provide in writing, an emergency contingency plan, with appropriate telephone contacts, for the City of Clearwater to follow in case an emergency supply of liquid sodium hypochlorite is needed. The Contractor shall supply in writing, an emergency spill response plan with appropriate emergency response personnel names (to include at least two degreed engineers who live within ninety miles of Clearwater) and telephone contact numbers (24-hour contact numbers) within 30 days of award and acceptance of the contract to supply liquid sodium hypochlorite. In addition, the proper spill response notification procedure, along with any forms required by all local, state or federal regulatory agencies, shall be supplied by the Contractor. This section in no way relieves the Contractor of his responsibility to notify the proper regulatory agencies in the event of a spill incident. In the event of a spill or leak, the Contractor shall supply the necessary personnel (including one degreed engineer) to immediately respond to such an event, to work with the local Hazardous Materials Response Team and to manage and oversee "After Event" cleanup efforts. Should a spill or leak occur, caused by Contractor's personnel, equipment or method of delivery, Contractor shall immediately comply with all applicable terms and conditions of the current version of Title III, Superfund Amendments and Reauthorization Act of 1986,42 U.S.C.S. 11001, et seq. (SARA) and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988, Chapter 252, Part II, Florida Statutes. The responsibility for compliance with Federal and State rules and regulations regarding Contractor caused spills or releases shall be the sole responsibility of Contractor. The Contractor shall indemnify and hold the City of Clearwater harmless for any failure to properly report and lor comply with this provision. In addition, Contractor shall bear all expenses of spills, unless caused by the sole negligence of the City of Clearwater. 8.3.2 Safe Handling Training. The Contractor shall provide an appropriate safe handling training course for liquid sodium hypochlorite within the first month of the contract, to all current City of Clearwater operations personnel and shall be available to conduct "refresher" courses or new employee training at six (6) month intervals during the contract period. The Contractor shall provide this assistance at no charge to the City of Clearwater. 8.3.3 Technical Assistance. The Contractor shall provide engineering and technical assistance, as needed, regarding the application of its product and disposal and handling of residues and sludge's produced by the application of liquid sodium hypochlorite in the water and wastewater treatment process. This expertise 9 Item # 15 Attachment number 1 Page 10 of 10 shall extend to the application of all other chemicals used by the City of Clearwater in its water treatment and wastewater treatment plants. The Contractor shall provide this assistance at no charge to the City of Clearwater. In addition to the various statements in this Specification stating the grounds for automatic termination of the Contractor's contract to supply liquid sodium hypochlorite to the City of Clearwater, and in addition to any other remedies, including the right to obtain cover and charge Contractor for the costs of cover, Contractor's failure to comply with this Specification three (3) times over the duration of this contract shall constitute sufficient grounds for termination of the contract by the City of Clearwater. These failures any three of which can result in termination of the contract, include, but are not limited to, failure to deliver in a timely manner, failure to deliver with proper equipment, failure of the liquid sodium hypochlorite to meet the Specification at anytime, failure to provide a certificate of analysis, failure to comply with the safety and OSHA requirements of the Specification, failure to provide drivers with company cell phones, failure to provide licensed drivers listed on the Contractor's CD, failure to provide updated CD's with a driver's list, failure to provide requested technical assistance and/or training and failure to respond in a timely manner to any City of Clearwater emergency. S The Bidder shall ensure the following information is included in their proposals: . Pricing for the Sodium Hypochlorite . Third Party Laboratory Analysis of Sodium Hypochlorite Sample . List of References (Ten) . List of Degreed Engineers (Two) . List of Subcontractors or Affiliates . List of Safety Incidents (Last Five Years) . List of Terminations/Debarments (Last Five Years) . Copy of OSHA Form 300A/300 logs (Last Three Years) . Other Information on Company . Contact Information to Obtain Product Sample . Copies of any fines, correspondence and consent orders relating to the operation of ALL of its manufacturing and distribution facilities. . Any Exceptions Taken to the Specification (Any of which may result in Bidder's di squalifi cati on) 10 Item # 15 +- c +- ~ L- V) L- 0 :J U U ~ t... 0 a ~ en >- E a I +- ~ Q) oS: C ~ en 0 H i3 c ~ CJ +- -C III ~ C :J c- Q) ~ CL. +- < V) :2 0 ..c U -C ~ -0 C ..c 0 CJ "i t... ~ 0 oS: 0... u a a.. .!! m ..c ~ CO oS: +- 0 c' 0 a "iij N L- a ~ a > Q) c a c a u 10 0 ~ N ~ - ~ 0 :J ...... L-' 0"1 L ~ a .......... 0 oS: ~ ~ +- >- '+- ...... a a ~ c L- a a Q) ~ ...... Q) ~ ~ c... en ~ a E III II) a :J .x u ~ L oS: 0 +- ~ L- ~ +- ...... >- < Q) 0 -0 0\ .......... CJ a V) ....... 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I\l ............... >- ~~ c; U III u:: X c:l roO\~ ~~O I'-roa... 00a:! 00 NN~ >- >- 0 LLLLI- Item # 15 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the State of Florida Department of Transportation contract renewal for sweeping state roadways as outlined in the Maintenance Agreement, FIN project 42193917201 and adopt Resolution 08-13. SUMMARY: The maintenance agreement between the Florida Department of Transportation and the City of Clearwater approved by Council on September 20, 2007, for the sweeping of various state roadways in 26 cycles will expire on December 6,2008. The City of Clearwater Legal Staff has coordinated the scope of services with the FDOT representative. Renewal is subject to the terms and conditions as outlined in the maintenance agreement scope of services, designated sweeping locations, and method of compensation, exhibits A, B, and C respectively. FDOT Standard Agency Format requires conformance with the Manual of Uniform Traffic Control Devices (MUTCD). The Public Services Department has the necessary equipment to conform to the MUTCD, i.e.... a shadow truck with an attenuator and arrow board. FDOT compensation for services is based on miles of sweeping completed, currently estimated at $40,876.94 annually (at $70.30 per mile). Operating costs to provide these services are approximately $52.00 per mile. Type: Current Year Budget?: Other Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 of 1 RESOLUTION NO. 08-13 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A CONTRACT RENEWAL OF THE MAINTENANCE AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, TO PROVIDE FOR ROADWAY SWEEPING WITHIN THE DEPARTMENT'S RIGHT-OF- WAY IN THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to retain the City of Clearwater to perform roadway sweeping within the Department's right-of-way in the City of Clearwater under the Maintenance Agreement, FIN Project No. 42193917201, a copy of which is attached hereto as Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the renewal of the Maintenance Agreement between City of Clearwater and the State of Florida Department of Transportation, FIN Project No. 42193917201 to retain the City of Clearwater to provide roadway sweeping within the Department's right-of-way in the City of Clearwater, and authorizes Clearwater City Manager, William B. Horne II, to sign said Maintenance Agreement on behalf of the City of Clearwater. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2008. Frank V. Hibbard Mayor Approved as to form: Attest: Camilo A. Soto Assistant City Attorney Cynthia E. Goudeau City Clerk Resolution Nteoo-# 316 Attachment number 2 Page 1 of 15 DCD7-MAl.O 5/24/05 Contract No. FIN Project No. 42193917201 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT STANDARD AGENCY FORMAT BY THIS AGREEMENT, made and entered into this _ day of _, 20_, by and Between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTAION, District VII, an Agency of the State of Florida, hereinafter called "Department" and The City of Clearwater, Florida a Municipal Corporation, hereinafter called "Agency", hereby agree as follows: 1. SERVICES AND PERFORMANCE A. In connection with Performing Roadway Sweeping on the Primary Roadway systems within the city limits of Clearwater, Pinellas County, Florida, the Department does hereby retain the Agency to furnish certain services, information and items as described in Exhibit "A", attached hereto and made a part hereof. These services were acquired in compliance with Section 335.055. B. Before any additions or deletions to the work described in Exhibit "A", and before undertaking any changes or revisions to such work, the parties shall enter into a Supplemental Agreement covering such modifications and the compensation to be paid therefore. Performance of any such services prior to the execution of a Supplemental Agreement will result in nonpayment of those services. Reference herein to this Agreement shall be considered to include any supplemental thereto. C. Where Exhibit "A" calls for the preparation of tracings, plans, specifications, maps, and/or reports these items as well as all data collected, together with summaries and charts derived wherefrom, shall be considered works made for hire and shall become the property of the Department without restriction or limitation on their use and shall be made available, upon request, to the Department at any time. The Agency shall not copyright any material and products or patent any invention developed under this Agreement. The Department will have the right to visit the site for inspection of the work and the drawings of the Agency at any time. Unless changed by written agreement of the parties, said site shall be City of St. Petersburg, Florida, P.O Box 2842 St. Petersburg, FL. 33731-2842 D. All final plans, documents, reports, studies and other data prepared by the Agency will bear the endorsement ofa person in the full employ of the Agency. E. The Department will be entitled at all times to be advised, at its request, as to the status of work being done by the Agency and of the details thereof. Coordination shall be maintained by the Agency with representatives of the Department. I Item # 16 Attachment number 2 Page 2 of 15 DCD7-MAl.O 5/24/05 F. All services shall be performed by the Agency to the satisfaction of the Director who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement. The Director's decision upon all claims, questions and disputes shall be final and binding upon all parties. Adjustments of compensation and contract time because of any maj or changes in the work that may become necessary or desirable shall be left to the absolute discretion of the Director. Reference herein to Director shall mean the Department's District Secretary of District Seven, or his designee. 2. TERM A. Initial Term. This Contract shall begin on the date of execution and shall terminate on Date Listed Below. Subsequent to the execution of the Agreement by both parties, the services to be rendered by the Agency shall commence and be completed in accordance with the option selected below. [X] Services shall commence upon written notice from the Department's Contract Manager and shall be completed by 365 DAYS or date of termination, whichever occurs first. [ ] Services shall commence , 20_, and shall be completed by , 20 or date of termination whichever occurs first. [ ] Other: See Exhibit "A" B. RENEWALS [ ] This Contract may not be renewed. [X] This Contract may be renewed on a yearly basis for a period of up to two years after the initial contract or for a period no longer than the term of the original contract whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Any renewal or extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. C. EXTENTIONS. In the event that circumstances arise which make performance by the Agency impracticable or impossible within the time allowed or which prevent a new contract from being executed, the Department, in its discretion, may grant an extension of the Agreement. Extension of this Agreement shall be in writing for period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this Agreement; provided the Department may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein. There shall be 2 Item # 16 Attachment number 2 Page 3 of 15 DCD7-MAl.O 5/24/05 only one extension of this Agreement unless the failure to meet the criteria set forth in this Agreement for completion of this Agreement is due to events beyond the control of the Agency. It shall be the responsibility of the Agency to ensure at all times that sufficient time remains in the Project Schedule within which to complete services on the project. In the event there have been delays, which would affect the project completion date, the Agency shall submit a written request to the Department which identifies the reason(s) for the delay and the amount of time related to each reason. The Department will review the request and make a determination as to granting all or port of the requested extension. 3. COMPENSATION AND PAYMENT A. The Department agrees to pay the Agency for the herein described services at compensation as detailed in Exhibit "C" attached hereto and made a part hereof. B. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. C. If this Contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. D. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. E. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre audit and post audit thereof. F. Bills for travel expenses specifically authorized shall be submitted and paid in accordance with Section 112.061, Florida Statutes G. The Agency providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. H. If a payment is not available within 40 days, a separate interest penalty of .03333 percent per day will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than on (I) dollar will not be enforced unless the Agency requests payment. Invoices, which have to be returned to the Agency because of Agency preparation errors, will result in a delay in the payment. The invoice payment 3 Item # 16 Attachment number 2 Page 4 of 15 DCD7-MAl.O 5/24/05 requirements do not start until a properly completed InVOICe IS provided to the Department. I. A Vender Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 1. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the proj ect, and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. K. The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. This paragraph shall be incorporated verbatim in all contracts of the department which are in an amount in excess of $25,000 and which have a term for a period of more than one year. 4 Item # 16 Attachment number 2 Page 5 of 15 DCD7-MAl.O OS/24/05 4. INDEMNITY AND SURETYSHIP A. INDEMNITY. To the extent provided by law, the Agency shall indemnify, defend, and hold harmless from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this agreement, the Department will immediately forward the claim to the Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for this evaluation, settlement negotiations, and trial, if any. However if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. B. LIABILITY INSURANCE [X] No general liability insurance required. [ ] The Agency shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at lease $_ per person and $_each occurrence, and property damage insurance of at least $ each occurrence, for the services to be rendered in accordance with this Agreement. 5 Item # 16 Attachment number 2 Page 6 of 15 DCD7-MAl.O OS/24/05 C. WORKER'S COMPENSATION. The Agency shall also carry and keep in force Worker's Compensation insurance as required for the State of Florida under the Worker's Compensation Law. D. CERTIFICATION. With respect to any insurance policy required pursuant to this Agreement, all such policies shall be issued by companies of recognized responsibility and licensed to do business in the State of Florida. The Agency shall provide to the Department certificates showing the required coverage to be in effect and showing the Department to be an additional certificate holder. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to the Department. 5. COMPLIANCE WITH LAWS A. The Agency shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. However, upon receipt of any such public records request, the Agency shall immediately, and before releasing such records, notify the Department's Contract Manager. B. The Agency agrees that prior to issuing any statements, press or publicity releases concerning this Agreement or its subject matter or otherwise disclosing any of the data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, the Agency will notify the Department's Contract Manager. C. The Agency shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Contract. D. If the Agency is licensed by the Department of Professional Regulation to perform the services herein contracted, the Section 337.162, Florida Statutes, applies as follows: (I) If the Department has knowledge or reason to believe that any person has violated the provisions of the state professional licensing laws or rules, it shall submit a complaint about the violations to the Department of Professional Regulation. The complaint shall be confidential. (2) Any person who is employed by the Department and who is licensed by the Department of Professional Regulation and who, through the course of his employment, has knowledge to believe that any person has violated the provisions of state professional licensing laws or rules shall submit a complaint about the violations to the Department of Professional Regulation. Failure to submit a complaint about the violations may be grounds for disciplinary action pursuant to Chapter 455 and the state licensing law applicable to that licensee. The complaint shall be confidential. 6 Item # 16 Attachment number 2 Page 7 of 15 DCD7-MAl.O OS/24/05 (3) Any confidential information submitted to the Department of Professional Regulation shall remain confidential pursuant to Chapter 455 and applicable state law. E. The Agency covenants and agrees that it and its employees shall be bound by the standards of conduct provided in applicable Florida Statutes and applicable rules of the Board of Professional Regulation as they relate to work performed under this Agreement. The Agency further covenants and agrees that when a former state employee is employed by the Agency, the Agency will require that strict adherence by the former state employee to Florida Statutes 112.313(9) and 112.3185 is a condition of employment for said form state employee. These statutes will by reference be made a part of the Agreement as though set forth in full. The Agency agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed pursuant to this Agreement. 6. TERMINATION AND DEFAULT A. This Agreement may be canceled by the Department in whole or in part at any time the interest of the Department requires such termination. The Department also reserves the right to seek termination or cancellation of the Agreement in the event the Agency shall be placed in either voluntary or involuntary bankruptcy. The Department further reserves the right to terminate or cancel the Agreement in the event an assignment be made for the benefit of creditors. This Agreement may be canceled by the Agency only by mutual consent of both parties. B. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating the Agreement, or (b) notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the Department. C. If the Department requires termination of the Agreement for reasons other that unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount, which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called 7 Item # 16 Attachment number 2 Page 8 of 15 DCD7-MAl.O OS/24/05 for by this Agreement. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 7. ASSIGNMENT AND SUBCONTRACTS The Agency shall no sublet, assign or transfer any work under this Agreement without the prior written consent of the Department. 8. MISCELLANEOUS A. The Agency and the Department agree that the Agency, its employees, and subcontractors are not agents of the Department as a result of the Contract for purposes other than those set out in Section 337.274, Florida Statutes. B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. C. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. D. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. F. In any legal action related to this Agreement, instituted by either party, the Agency and the Department agree that venue shall be governed by Section 337.19, Florida Statutes. G. Attachments. Page A-I through Page A-4: Exhibit "A" Scope of Services Page B-1 Exhibit "B", Sweeping Locations & Quantities Page C-l: Exhibit "C", Method of Compensation 8 Item # 16 Attachment number 2 Page 9 of 15 DCD7-MAl.O OS/24/05 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month, and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Name of Agency By: Authorized Signature Name: Title: By: Director of Operations District Seven (Seal)ATTEST: Executive Secretary (Seal) ATTESST: FOR DEPARTMENT USE ONLY LEGAL REVIEW AUTHORIZATION RECEIVED FROM COMPTROLLER'S OFFICE AS TO AVAILABILITY OF FUNDS Attorney, Department of Transportation AIREVISION.ONE 9 Item # 16 Attachment number 2 Page 10 of 15 EXHIBIT" A", SCOPE OF SERVICES I. The Agency shall assume the Departments maintenance responsibilities as follows: A. The Agency shall perform routine mechanical/vacuum road and bridge sweeping consisting of cleaning and removing sand, soil, paper, glass, cans and other debris from designated areas within the limits of the State Maintained Highway right-of-way. Areas to be cleaned will be curb and gutter, valley gutter, and curbs, and median, gore areas, inlet grates, inlet throats, and other designated sites. Spot sweeping and cleanup of accident and/or load spills will be the responsibility of the Department. These specifications and special provIsIOns are end-result oriented. Although the main purpose of this contract is to accomplish mechanical/vacuum road sweeping operations on state roadways, the Agency may encounter objects larger than what a mechanical sweeper can remove. At such times, the Agency shall furnish hand or mechanical means to remove all debris encountered. B. All roadway sweeping must be done between the hours of 7:00 PM and 6:AM Sunday night thru Friday Morning to minimize the disruption of traffic. All operations shall be performed in accordance with the Departments District 7 Lane Closure Guide. Sweeping shall include (22.364) miles on various state roads in Pinellas County. C. All roadway sweeping operations shall follow the safety guidelines established in the Departments latest edition of the Roadway and Traffic Design Standard, Index 600 and the latest edition of the Manual on Uniform Traffic Control Devices, Part VI. When mechanical/vacuum sweeper is used on the roadway it shall have a SLOW MOVING VEHICLE sign mounted on top of the vehicle. Additionally, a flashing arrow panel in conformance with Section 6E-8 and 6E-9 of the Manual of Uniform Traffic Control Devices (MUTCD) shall be mounted on the top rear of the vehicle. A shadow truck or attenuator truck shall be provided when sweeping is to be accomplished on all State Roadways. The shadow truck shall also be equipped with a sequential arrow panel mounted on the top rear of the vehicle in conformance with Section 6E-9 of the MUTCD. A-I 10 Item # 16 Attachment number 2 Page 11 of 15 In addition, the shadow truck shall be equipped with an Attenuator System (approved crash cushion system) designed for installation at the back of the vehicle. The foregoing requirements are to be considered as minimum and the Agencies compliance with these recommendations shall in no way relieve him of final responsibility for providing adequate traffic control devices for the protection of employees and public throughout the work areas. All sweeping shall be accomplished with or in the same direction as the traffic. Sweeping against or opposing the traffic SHALL NOT be permitted. D. All safety devices on the sweeping operation equipment shall be inspected by the Engineer or his representative prior to being placed into service for this contract. Any deficient safety devices shall be corrected or replaced immediately and service shall not begin until the deficiency is corrected. The mechanical road sweepers shall have a capacity of at least 7 yards cubed and shall be equipped with the required safety devices listed under Section "C". The shadow truck or attenuator truck shall weigh a minimum of 10,000 pounds and shall be equipped with the required safety devices listed under Section C. Use truck mounted attenuators rated at 43 mph or 62 mph design speeds, Base utilization of TMAs on the posted speed limit. Restrict a TMA rated for 43 mph to use on roadways with posted speed limits of 43 mph or less and prohibit from use on freeways. A TMA rated for 62 mph may be utilized on all freeways or roadways with posted speed limits greater than 43 mph. Equip the TMA cartridge with lights and reflectors in compliance with applicable Florida motor vehicle laws, including turn signals, dual taillights, and brake lights. Ensure that lights are visible in both the raised and lowered positions if the unit is capable of being raised. Ensure that the complete unit is painted DOT yellow (Fed. Std. 595 b, No. 13538). Stripe the rear facing of the cartridge in the operating position with the alternating 6 inches safety orange 45E striping to form an inverted "V" at the center of the unit and slope down and toward the outside of the unit, in both directions from the center. The bottom of the cartridge shall have the same pattern, covering the entire bottom, with 6 inches white and 6 inches safety orange stripes. Use Type III reflectorized sheeting for striping. Obtain certified test reports from the TMA manufacturer showing the attenuator meets all requirements set by the National Cooperative Highway Research Program, Report 230. Certification shall include drawings and calculations signed and sealed by a Professional Engineer registered in the State of Florida for each model. A-2 11 Item # 16 Attachment number 2 Page 12 of 15 The flashing arrow boards shall be in conformance with Section 6E-9 of the Manual of Uniform Traffic Control Devices. E. The sweeping operations shall not create exceSSIve airborne dust or other particles as determined by the Engineer. Vehicles that are parked in the sweeping area are to be swept around. The area occupied by a parked vehicle will be considered as work accomplished. F. The term debris shall mean all materials normally picked up by a mechanical sweeper, such as sand, glass, paper, cans, and other materials. It also will include large items such as tires, tire parts, hub caps, large stones, boxes, tree limbs, wood, cable, and other such materials. It is expected that the Agency shall encounter objects that are larger than what the mechanical/vacuum sweeper can capably remove and therefore the Agency shall use other means (hand or mechanical) to successfully remove all debris encountered. It is expected that the Agency shall encounter piles of soil and vegetation which will require special removal methods over and above that to be encountered in normal Sweeping of Accumulated Debris during the first complete cycle. The Agency shall furnish such labor, materials and equipment as may be required to accomplish removal of these built-up areas. Disposal of debris shall be the responsibility of the Agency and in accordance with all rules and regulations in effect at the time of the disposal. Cost involved with the disposal of debris shall be included in the contract unit price(s). STOCKPILING OF DEBRIS ON THE RIGHT-OF-WAY SHALL NOT BE PERMITTED. G. Completed work shall be clean and free of all accumulated debris after sweeping as determined by the Departments Inspector, regardless of the number of sweeping passes required to achieve the specified quality. H. For the purpose of this contract, the areas specified for sweeping shall be all the locations on the location map. The areas specified shall be swept for (26) cycles. Each sweeping cycle shall be performed, completed and accepted within seven (1) calendar days after issuance of the work document. Sweeping paved shoulders, curbs and gutters, highway interchange ramps, barrier walls, gore areas and curbed areas of bridge decks and other designated areas measured in miles. Sweeping and complete removal of build-up areas and accumulated debris for the initial cycle, measured in lane miles. Lane miles shall mean all areas where sweeping is to be accomplished measured longitudinally, i.e., as to cover the ENTIRE WIDTH of paved median and outside shoulders. A-3 12 Item # 16 Attachment number 2 Page 13 of 15 I. If at any time after the Agency has assumed the aforementioned maintenance responsibilities it shall come to the attention of the Department's District Secretary for District Seven that the right-of-way as identified in Attachment "A", or any part thereof, is not properly maintained pursuant to the terms of this Agreement, the District Secretary may issue a written notice that a deficiency or deficiencies exist(s) by sending a certified letter in care of City Manager, City of Clearwater. Thereafter, the Agency shall have a period of (30) calendar days within which to correct the cited deficiency or deficiencies. If said deficiency or deficiencies are not corrected within this period, the Department may at its option, proceed as follows: A. Assess the Agency costs, if any, incurred by the Department to maintain the areas covered under this Agreement with Department or private agency forces, or B. Terminate Agreement in accordance with Paragraph VI and maintain all of the areas covered under this Agreement by Department of private agency forces. 1. The Department recognizes that the Agency must comply with Section 166.241, Florida Statutes, Article VII of the Florida Constitution and Section 2-132 of the City Code. This Agreement shall not be construed to modify in any way, the Agency's obligations under the statute, constitution and ordinance. K. It is understood between the parties hereto that the maintenance areas covered by this Agreement may be removed, relocated, or adjusted at any time in the future as found necessary by the Department in order that the adjacent State Road be widened, altered or otherwise changed to meet with future criteria or planning of the Department. The Agency shall be given sixty (60) calendar days notice to adjust their maintenance. A-4 13 Item # 16 Attachment number 2 Page 14 of 15 EXHIBIT "B' SWEEPING LOCATIONS AND QUANTITIES PAY ITEMS Roadway Sweeping (Mechanical) $40,876.94 Sweeoim!: Cycle Miles and Locations 15007 651 Missouri Ave! Belleaire Rd (to) 2 1.535 3.798 4.526 70.30 318.18 Court St Highlands Ave 15025 595 Myrtle Ave Chestnut St (to) 2 0.000 1.585 5.410 70.30 380.32 Ft Harrison Ave 15040 60 Gulf-to-Bay Clearwater Mall 2 4.552 5.803 2.502 70.30 175.89 Blvd (to) McMullen- Booth Rd 15045 60 Clearwater Mem. Clearwater 4 0.167 0.836 3.184 70.30 223.84 Bridge Memorial Bridge (to) Oak Ave 15045 60 Chestnut St Oak Ave (to) 4 0.836 1.697 2.678 70.30 188.26 Missouri Ave 15045- 60 Court St Chestnut St. (to) 4 0.000 0.595 1.874 70.30 131 .74 101 Oak Ave 15050 590 Drew St Glenwood Ave 2 1.570 1.888 0.636 70.30 44.71 (to) Keystone Dr 15050 590 Drew St Saturn (to) 4 2.298 2.881 1.554 70.30 109.25 NE Coachman Rd 1 ,572.19 26 40,876.94 B-1 14 Item # 16 Attachment number 2 Page 15 of 15 EXHIBIT "c' METHOD OF COMPENSATION A. The Department agrees to pay the Contractor $ 40,876.94 annually for maintenance performed hereunder, provided, however, that such maintenance is performed and complete pursuant to the terms and standards set forth herein. Payment will only be made on complete and signed off work orders. C-l 15 Item # 16 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the amendment of the Capital Improvement Program (CIP) to restructure current Water and Sewer Utility funding by increasing project budgets by $4,016,791.00 of planned FY09 revenue bond proceeds and decreasing project budgets by $4,016,791.00 of operating revenues for a net change of zero. (consent) SUMMARY: On June 19,2008, Ordinance 7913-08 was passed increasing water, lawn water, reclaimed water and sewer rates by 7% beginning October 1, 2008, with additional 7% increases effective October 1, 2009, and 2010. Also included are 6% increases to become effective on October 1, 2011, and 2012. Burton and Associates completed the 2008 water and sewer rate study update, which indicated the need for the rate increases and also recommended a restructuring of project funding that was previously approved with the CIP budget. The restructuring is to improve operating cash flows in the Water & Sewer Utility Fund by converting project funding from unrestricted operating revenues to future bond proceeds. Resolution 07-28 was passed on October 1,2007, establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in the project list associated with Resolution 07-28. The 2008 rate study identified a need for bonds to be issued in 2009 of approximately $59,712,000 with $45,483,611 to fund a portion of the capital projects in existence in FY 2008. The currently approved Water & Sewer CIP project budget for funding with 2009 bond proceeds is only $41,466,820. The following proposed third quarter amendments will bring the CIP project budget into agreement with the 2008 rate study. Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 17 - c Q) E t: CIl Cl.. Q) o CI) Q) ~ :;::; :J .S:2 :c ::J 0... 00 o - I'-- o >- LL (/) +-' C Q) E "'0 C Q) E <( I- Q) t CO :J a "'0 I- ..c I- "'0 Q) (/) o a. e a.. Attachment number 1 Page 1 of 1 0 0 0 0 ~ ~ 0 ..- ..- 0> ~I ~C") 0> I"- :::f:::f -co co 01.() zz ~O> ..- 0 -N "<t ..- tFt tFt I- W C) C ::::> l::/l OONO 1.()"<t0 I"-C")..- 0000> 0> 00 I"- ..-"<tco o ..- ..- 0> ..- 0 C") "<t tFt tFt > Q) 0::: ... Q) 5: Q) (/) 0::: > eel Q) 0:::0::: ... c Q) .Q 5: CI) Q) lOCI)(/) M"E I OCl)- c c "C CIl Q) !: ... E ::::l I- Q) LL.eel~ c..ca.. U 0 Q) uo::: ~ c o 0 O~ ~Ci5 ~Cl.. .c E CIl ::J (/)0... NN NN "<t"<t 00 00 00 00 C") C") I I I.() co co 00 coco coco 0> 0> I I I.() I.() ..- ..- C") C") 00 0... NO "<t 0 0- "C c !: 0 ::::l:;::; LL...5 .C :!::c"C .- 0 C 50::J ...cLL. ~~~ ~~E ~8e ......LL. ~2c C'Cl CIl ... S5:~ 2 CI) CI) c ~~ 01.() o ..- 00 C") 000 0> 00 I.() C") I I coo "<to C") 0 ..- 0 00 I I ..- ..- NN "<t"<t 00 CI) CD-g I"- Q) M U o 0 I -cO:CJ) !: "C ::::l "C Q) LL.5~ !: l::/l e o I 0... t;c"C ::::l .Q c ... CI) 0 -CI)l::/l ~.E I OCl)- U ~ a3 -g~~ Oeel~ l::/lca.. ~ ~ Q) !:uo::: CI> ~ c > 0 0 Cl>o~ 0::: _ tJ) ~ (/) ~CIlCl.. :>'gE :> CIl::J ~(/)o... o NNN 00 ..- ..- "<t"<t 00 00 C") C") I I I.() co co 00 coco coco 0> 0> I I coco I"- I"- C") C") 00 Item # 17 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Discuss Amendments to the Clearwater Comprehensive Plan as recommended in the Evaluation and Appraisal Report (EAR). (WSO) SUMMARY: Florida Statutes require local governments to adopt comprehensive plan amendments consistent with their approved Evaluation and Appraisal Report (EAR). The City of Clearwater's EAR, prepared in 2005-2006, was found sufficient by the Department of Community Affairs (DCA) on November 29,2006. The EAR-based amendments are required to be processed as a large-scale plan amendment and adopted by the end of 2008. The 2006 EAR was divided into five (5) parts: Part I: Introduction, Part II: Statutory Issues Assessment, Part III: Issues of Local Concern, Part IV: Success and Shortcomings of Each Comprehensive Plan Element, and Part V: Changes in Florida Statutes. Statutory changes and issues of local concern were identified in the EAR to be addressed through EAR-Based Amendments. A total of five (5) issues of local concern were identified as follows: How can the City develop a comprehensive and diversified strategy for the City's redevelopment? How does the City provide guidance to enhance community character and livable neighborhoods? How does the City develop and implement a proactive approach to facilitate attainable housing and assure safety and competitiveness of the aging housing stock? How can the City develop and implement a strategy to eliminate enclaves and facilitate annexation? and How does the City implement an approach to coastal and disaster management? On April 4, 2007, the City Council appointed a new Citizen Advisory Committee (CAC) for the purpose of providing public participation in the preparation of the EAR -based amendments. The new CAC includes several of the members of the CAC that worked on the EAR. The committee has met nine (9) times since its "kick-off' meeting in April 2007, primarily reviewing and making recommendations on the EAR issues of local concern. The CAC also reviewed the statutory and editorial changes that are included in the proposed amendments. The final CAC meeting will be held on July 30, 2008. Any additional recommendations made by the CAC will be presented to the Council at the August 4th work session. The proposed amendments, as well as a summary of policy issues are provided to facilitate the discussion. Review Approval: 1) Clerk 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Attachment number 1 Page 1 of 1 Attachment number 2 Page 1 of 5 POLICY ISSUES ASSOCIATED WITH THE EAR-BASED COMPREHENSIVE PLAN AMENDMENTS July 25, 2008 Future Land Use Element Two new future land use plan classifications (Transportation/Utility Overlay and Drainage Feature Overlay) added to the future land use table. These categories will be applied consistent with the Countywide Rules of the Pinellas Planning Council. Policy added allowing affordable housing density bonuses. Goal created that establishes a citywide design structure to guide redevelopment and land use decisions. Objective added that creates a hierarchy of places within the city and the linkages between them. A map and list of those places are attached and include the following categories: Hierarchy of Places Activity Centers Destination Points Multi-neighborhood shopping areas Neighborhoods Neighborhood shopping centers Landmarks Neighborhood character features Linkages Gateways Trails Designated Scenic Non-Commercial Corridors Scenic Corridors View Corridors Preservation Corridors Preservation Corridors Redevelopment Corridors Policies added to preserve and maintain the character of the following corridors: . Belcher Road from Sunset Point Road to the City Limits; . Belcher Road from Countryside Boulevard to Northeast Coachman Road; . Belleair Road; . Countryside from S.R. 580 to Curlew Road; . Ham Boulevard; . Keene Road; . Nursery Road between Belcher and U.S. 19; and . Cleveland Street from Highland Avenue to Belcher Road. I Attachment number 2 Page 2 of 5 New policies provided to guide the redevelopment of the corridors such as: . South Martin Luther King, Jf. Avenue from Lakeview Road to Woodlawn Avenue; . Lakeview Road between South Fort Harrison and South Martin Luther King, Jr. Avenues; . North Martin Luther King, Jr. Avenue between Fairmont and Drew Streets; . Missouri Avenue between Drew Street and Belleair Road; . Gulf-to-Bay Boulevard east of U.S. 19; . Drew Street between Myrtle Avenue and U.S. 19; and . South Fort Harrison Avenue between A and E Streets. Objective and policies provided in support of public art. Added policy recognizing the need to conduct surveys to identify potential historic resources. Proposed policies to form a historic preservation steering committee to promote historic preservation and research historic preservation issues and to work with the Harbor Oaks Neighborhood to determine whether there is interest in pursuing local historic designation. Objectives and policies developed to support livable commumtIes concepts such as mixed-use development; human scale development which includes minimal front setbacks, similar building heights, vertical enclosure, etc; interconnected system of parks, sidewalks, trails; location in close proximity to existing and future transit lines; pedestrian-oriented streets; and transportation choices. Objectives and policies geared to decreasing energy consumption by pursing green city certification, supporting LEED (Leadership in Energy and Environmental Design) and FGBC (Florida Green Building Coalition) certified building construction and considering the development of incentives for LEED and FGBC certified buildings. New goal, objectives and policies added to support annexation. Policies provide to use when evaluating and prioritizing areas to annex; support working with Pinellas County to annex enclaves of 10 acres or less through interlocal agreement; and to consider using referendum annexation provisions where there are no registered electors. Transportation Element Policy added to support transportation concurrency alternatives such as Multimodal Transportation Districts for Downtown, the Beach and other potential redevelopment areas. Policy provided that requires the coordination of planning efforts for future high-speed rail in Hillsborough and Pinellas Counties. Decreased the distance large-scale elderly and low-income housing developments should be from PSTA routes from 2,000 feet to 1,000. 2 Attachment number 2 Page 3 of 5 Changed the Level of Service (LOS) for transit servIce for major generators and attractors from 2,000 feet to 1,000. Policy added supporting an improved or relocated bus terminal in Downtown Clearwater. Policy added recognizing the need to coordinate with Tampa Bay Area Regional Transportation Authority (TBARTA) on transit routes and park and ride lots. New objective and policies added as required by the designation of the Courtney Campbell Causeway as a Florida Scenic Highway. Housing Element Policy added promoting the use of accessory dwelling units where there is adequate lot area to support an additional unit. Provided a definition of affordable housing which includes any unit leased or owned by a household with a household income of 120% or less of the adjusted area median family income for Pinellas County. Rental rates for affordable unit shall not exceed rates published by the Florida Housing finance Corporation for the Tampa-St. Petersburg- Clearwater Metropolitan Statistical Area (MSA). Sales price for non-rental units may not exceed 90% of the average area price of the MSA. Revised the definition of "suitable for rehabilitation" as those units requiring repairs equal to 50% of their value or $50,000, whichever is less instead of 75% of the value. Added a definition of special needs housing which includes housing for the homeless, the elderly, persons with disability, persons with alcohol or other drug addiction and other categories as the city may specify. Clarified objective regarding the role of the Clearwater Neighborhood and Mfordable Housing Advisory Board (NAHAB). Objective and policies added incentivizing the construction of affordable housing. Objective and policies added promoting the use of sustainable ("green") building techniques for affordable housing. Objective and policies added regarding the need to address homelessness. Utilities Element Established a minimum LOS for sanitary sewer service for the City instead of having a LOS for each service district. 3 Attachment number 2 Page 4 of 5 Coastal Management Element Revised focus of policy supporting trolley service between the mainland to Clearwater Beach to reflect City Council's position that the service should be re-instituted when more downtown redevelopment occurs. Policy added to consider code amendments to support the reuse of historic resources in the coastal areas. New policies added encouraging the preservation of recreational and commercial working waterfronts, marinas and other water-dependent uses, as well as discouraging the rezoning of these properties. Additionally, a policy added to support the addition of accessory transient docks/slips through the code and special area plans. Policy added prohibiting vehicular traffic on public beaches, except at the Sailing Center, the Courtney Campbell and Memorial Causeways. Policy included requiring disaster plans for hospitals, nursing homes and assisted living facilities to be kept on file with the Emergency Management Coordinator. Another policy added requiring evacuation plans for all hotels within the coastal storm area that requires hotel closure when a hurricane watch is posted. New objective and polices provided regarding the components to be addressed in post- disaster development plans such as repair and cleanup, assessment of infrastructure and redevelopment of repeated damaged properties. New goal and objective recognize the importance of economic activities in the coastal storm area and the need to reestablish businesses after a disaster. Policies focus on working with local businesses and the Chambers on hurricane preparedness and recovery. Policy added that requires the City to amend the Tourist District to added water- dependent uses as a minimum standard use in the Code. At present there are no minimum standard uses in the Tourist District. Policy added supporting the development of incentives for water-dependent and water- enhanced uses. Conservation Element No major policy issues. Recreation and Open Space Element Eliminated the subdistrict park Level of Service standard as well as references to mini parks throughout the element. 4 Attachment number 2 Page 5 of 5 Deleted LOS standards for different types of facilities and specified that the city should provide parks and recreation facilities consistent with the 2002 Parks and Recreation System Master Plan as funding is available. Added new obj ective and policies regarding the implementation of the following plans: The 2002 Master Parks and Recreation System Master Plan; the 2002 Clearwater Cultural Plan and the Public Art Ordinance, and Shifting Gears: Bicycle and Pedestrian Master Plan. A policy also supports the completion of the Aging Well Master Plan. Intergovernmental Coordination Element New policy supporting strengthened coordination between the City, Pinellas County, other municipalities, the Florida Department of Transportation, and the Metropolitan Planning Organization for measuring and maintaining LOS standards of state and county roadways. Added policies regarding the need to coordinate with the Pinellas Planning Council to revise the county-wide approach to mixed-use calculations and the implementation of Pinellas by Design. Added policy to strengthen the coordination with DCA, FDOT, TBPRC, and Pinellas County to promote the concept of livable neighborhoods. Policy proposed regarding the need of the City to work with Pinellas County to eliminate the issuance of septic system permits in areas served by the City's sewer system. New policy added supporting the development of an interlocal agreement between the City and County regarding the timing of maintenance responsibility of streets and drainage facilities as a result of annexation. Proposed policy that supports starting a dialogue with Pinellas County regarding the annexation of enclaves less than 10 acres in area through the Interlocal Agreement provisions ofF.S. 171. Capital Improvement Element Revised policies specifying when and how the Capital Improvement Element is to be adopted (once a year when the City's annual operating and capital budget is approved) and that it must be financially feasible as required by Florida Statutes. 5 Attachment number 3 Page 1 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se A FlTTlTRR LAND lTSR RLRMRNT TNTRODl JCTTON The purpose and intent of the Futllfe Land Use E]ement is to provide a framework for land use and zoning decisions It estah]ishes the allowah]e use, intensity and density of land and provides for consistency hetween land use classifications and zoning atlas districts Additionally, this element provides for a citywide design stmctllfe consisting of a hierarchy of places and the linkages hetween them to guide futllfe development Since Clearwater is effectively huilt-out, the element provides for sustainah]e redevelopment and infill development, as well as neighhorhood preservation Goa]s, ohjectives and policies are designed to preserve and enhance community character and quality of life, while ensuring the continued economic vitality of the community Future Land Use Needs Summary The following summarizes the Future Land Use Element: . Clearwater has two (2) main natural resources, a moist, sub-tropical climate and buildable land. With gradual variations in topography from sea level to one hundred three (103) feet, we have mostly well drained sandy soils with pockets of wetlands. There are natural drainage ways to Clearwater Harbor and Tampa Bay. The virgin landscape presented relatively few obstacles to development, and urbanization occurred rapidly throughout the 1960s and 1970s. The supply of buildable land has been depleted. City policies will have to compensate for the scarcity of land. . Vacant developable land in Clearwater has been reduced from approximately 1,034 acres in 1989, to approximately 600 acres in 1996, and then thIther reduced to 420 in 2005. Most of these parcels are less than one acre in size. Infill development, urban conservation, and urban renewal strategies will continue to be prevalent in implementing Clearwater's plan. (As per 2006 EAR) . In 2.0..05. t999-; residential was the largest category of land use within the City of Clearwater (approximately 7,07200 acres). Commercia] was the second Public/Semi-Public vv<l.s1hc second largest category of land use within the City (approximately U62 3-;B00-acres), followed hy Recreation/Open Space (approximate]y ],1] 7 acres) and Puh]ic/Semi Puh]ic (approximate]y ] ,4] 7 acres) (As per 2006 EAR) . Since 1989, the majority of the amendments made to the Future Land Use Map haYe. involved parcels under one acre in size. (Editorial) . Clearwater has .6...2.8 3-:6_tcn (10) times more land devoted to open space / recreation uses such as golf courses than industrial use ClllL4-R vs. 246 acres). The economic base of the City is tourism, retirement income, retailing and services. These sectors of the economy need to be maintained and enhanced. (Updated text) . Clearwater is the third largest City in the metropolitan area; it is a net importer of labor, and a focus of shopping, health care, recreation and office employment. The transportation system must be maintained and improved to connect the region's urban centers and support economic growth objectives. A-I 2008 EAR Based Amendments Attachment number 3 Page 2 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se . Clearwater provides a full spectrum of urban public services and utilities. There are relatively few areas of service deficiencies. The City continlles to implement ::1]](1 ::Iooress DdkiGllGiGS that must bG addlGSsGd alG expansion of key arterial and collector streets, drainage improvements for enhanced stormwater quality and conveY::lnce quantity, and upgrading wastewater treatment levels. (Editorial) . Within the Cle::lrw::lter P1::1nnine; Are::l, there is ::I sie;nific::lnt ::ImOlmt of l::1no10c::lteo in encl::lves ::Ino lInincorpor::lteo ::Ire::ls 10c::lteo ::I10ne; the City's hOlmo::lries Approxim::lte1y 3700 ::Icres of l::1no within the P1::1nnine; A re::l is ::Iv::li1::1h1e for ::Innex::Ition (City data. ) . Clearwater's redevelopment plans will continue the evolution of a multi-faceted, multi-modael City with tourism being a major industry impacting the City's economic base. (Correct typographical error) . As of May 1999, AlIe;lIst 7006 t The City's Unsafe Structures Program has resulted in either the demolition or full code compliance of over L020 4-Te structures. Due to the age of much of the City's commercial and residential structures, this pprogram must be continued as a means of combating urban blight and spurring redevelopment. (As per 2006 EAR) . Tn 7007 the voters of Pinell::1s COlmty ::Ipproveo ::I referenollm to continlle tThe Local Government Infrastructure Surtax (LGIS); or better known as the "Penny for Pinellas";-was applOvGd by thG votGIS of rilldlas County. The. "Penny for Pinellas" GOntilluGS to provides funding for infrastructure improvements within the City of Clearwater. (Updated text) . Clearwater has a current population of approximately 11 OR:) 1 102,874 people. Seasonal residents add about 21,000 people during the winter months. The permanent population is projected to increase to 1713';7 109,G02 by the year 2.02.Q ZOO5. (EAR data) . Clearwater will continue to protect historic resources and properties through the implementation of the City historic oesie;n::ltion process LOlling ovGllay dist1iGts. (Updated text) . Coordination among governments, business, and civic groups continlles to he necess::lry wiH-be needed to implement comprehensive plan objectives. (Editorial) A-2 2008 EAR Based Amendments Attachment number 3 Page 3 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se GOALS OBJECTIVES AND POLICIES A...1 GOAL - THE CITY OF CLEARWATER SHALL CONTINUE TO PROTECT NA TURAL RESOURCES AND SYSTEMS THROUGHOUT THE CITY AND ENSURE THAT THESE RESOURCES ARE SUCCESSFULLY INTEGRATED INTO THE URBAN ENVIRONMENT THROUGH LAND DEVELOPMENT REGULATIONS, MANAGEMENT PROGRAMS, AND COORDINATION WITH FUTURE LAND USE INTENSITIES AND CATEGORIES. A... 1. 1 Objective - On an ongoing basis, natural resources and systems shall be protected through the application of local, state, and regional regulations, mitigation and management plans, and permitting procedures as well as through locally instituted land purchase programs focusing on environmentally sensitive properties and significant open space areas. Policies A..l.l.l Any permanent and temporary alteration of Department of Environmental Protection (D.E.P.) jurisdictional or non-jurisdictional wetlands, the jllrisclictioml wetl::lncls of the SOllthwest Floricl::l W::Iter M::Ime;ement District (SWFWMD), beach dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is fully consistent with all local, state, and federal regulations, mitigation and management plans, and permitting procedures that may be applicable, including the wetland vegetative buffer requirement of the City's Community Development Code. (part IV of the 2006 EAR) A..l.l.2 No development which has the potential to discharge toxic chemicals (solvents, cont::lmimtine; flllicls battCly fluids, acids, etc.) may be permitted within one thousand five hllnclrecl (.illiH;BOO) feet of a City water well, unless provision is made to store chemical containers in an enclosure approved by the City aruLa wellhe::lcl protection pennit is oht::linecl. (Updated text According to Engineering) A..1.1.3 Environmentally sensitive wetlands subject to Department of Environmental Protection (DEP) jurisdiction ::Incl the jllrisclictioml wetl::lncls of the SOllthwest Floricl::l W::Iter M::Ime;ement District (SWFWMD) shall be designated by "Preservation" (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning District. (part IV of the 2006 EAR) A..l.l.4 The provisions of the City of Clearwater Wellhead Protection Ordinance shall be strictly implemented in order to protect a major source of the City's potable water, with the Fne;ineerine; Public WOlk.S Department serving as the chief implementing local agency. (Editorial) A..l.l.5 Stormwater shall be controlled through consistent application of local, state, and federal regulations, mitigation and management plans, and permitting procedures for both site-specific and basin-level development plans. A- 3 2008 EAR Based Amendments Attachment number 3 Page 4 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se A..l.l.6 All development and/or redevelopment activities in floodways and floodplains shall be controlled through consistent application of local, state, and federal regulations, mitigation and management plans, and the permitting process. A..l.l.7 New development or redevelopment in the Coastal High Hazard Area shall be permitted consistent with F.E.M.A. and City Guidelines. A..l.l.8 Mitigation plans for alteration of non-jurisdictional wetlands, beach dunes, swamps, marshes, streams, creeks, one hundred (l00) year flood plains, or lakes shall require not less than a 1: 1 ratio of mitigation land (on-or off-site) as approved by the Ene;ineerine; rublIc' WOlh.S Department and/or City COlmcil CommIssIon, ::1]](1 in cooroimtion with the SOllthwest Florio::l W::Iter M::Ime;ement District (SWFWMD). (Editorial and Part IV of the 2006 EAR) A..l.l.9 The effects of erosion shall be carefully controlled through local permitting and construction standards, procedures and regulations, and through the development oflocal and regional erosion control management programs. A..l.l.lOThe Community Development Code shall provide for on -site drainage detention and/or retention or payment in lieu thereof for compatibility with community master drainage plans. A...1.2 Objective - Population densities (included in the Coastal Management Element and the Future Land Use Map) in coastal areas are restricted to the maximum density allowed by the Countywide Future Land Use Designation of the property, except for specific areas identified in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, and shall be consistent with the Pinellas County Hurricane Evacuation Plan and the Regional Hurricane Evacuation Plan and shall be maintained or decreased. Policies A.l.2.! 2-:H Individual requests for development approval and/or transfer of development rights in the coastal high hazard area shall specifically consider hurricane evacuation plans and capacities and shall only be approved if the proposed development will maintain evacuation times (pre-landfall clearance times) as specified by the Tampa Bay Regional Planning Council. 2. GOAL - TIlE CITY OF CLEARV/ATER SIIALL UTILIZE INNOVATlVE AND FLEXIDLE PLANNING AND ENGINEERING PRACTICES, AND URDAN DESIGN STANDARDS IN ORDER TO PROTECT I1ISTORIC RESOURCES, ENSURE NEIGIIDORIIOOD PRESERVATION, REDEVELOP DLIGIITED AREAS, AND ENCOURAGE INFILL DE\-'ELOPMENT. (This Goal and related Objectives and Policies were relocated as Goal 6, with the exception of Policies 2. 3. 3 and 2. 3. 4, which were revised as Policies A.5.5.4 and A. 5. 5. 5). 2.1 Object; ve - The I edevelopmedt of bl;ghted, substaddal d, ;deff..c;edt add/ol obsolete al eas shall be a h;gh Pi ;01 ;ty add Pi odloted thlough the ;Illplemedtat;od of I edevelopdledt add 5pec;al al ea plads, the COdSt. uct;Od of cataly t;c PI; v ate A-4 2008 EAR Based Amendments Attachment number 3 Page 5 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se lh ojeds, c;ty ;d vest.llblt, ~hld cOdt;dued edl{lhas;s Od {II o{lel ty dla;dtedadce staddal ds. PoliGiGS 2.1.1 RcdGvdopmGllt shall bG GlleoulagGd, vvhGIG applOpliatG, by plOviding dG v dopmGllt inGGllti v GS suGh as dGHsity bon uSGS fOl signifiGant lot Gonsolidation anel/ol GatalytiG plOjGGts, as vvGll as the usG of oansfcl of devdopmGllts lights pulsuant to applOvGd sPGGial alGa plans and IGdGvdopmGllt plans. 2.1.2 RGHevval ofthG bGaGh tOulist disoiGt shall bG GllGoulagGd tIuough tI1G Gstablish- mGllt of distinGt disoiGts vv itIlin Ckal vvatGl DGaGh, tI1G GstablishmGHt of a limited dGllsity pool of additional hotel lOoms to bG used in speGified geoglaphiG alGaS of Ckal vvatGl DGaGh, Gllha11eemGllt of publiG 1 ights-of-vvay , tIiG vaGation of public 1 ights-of-vvay vvhGll applOpliate, ha11spoltation implOv GmGHts, intGl-bGaGh a11d inoa-bGaGh ha11sit, oa11sfcl of devdopmGllt lights a11d tIiG usG of design guidelinGs, pulsua11t to Beach by Design. A ]', elimincdY Design /01 Cleal ~I/atel Beach and Design Guidelines. 2.1.3 ThG alGa govGHlGd by Beach by Design A ]', elimincdY Design ful Cleanl/atel Beach and Design Guidelines shall bG IGeogniLGd on tile CountyvvidG PutulG La11d USG map as a Community RcdevdopmGllt DistliGt. This alGa is bounded on tI1G nOltIl by tI1G linG dividing tI1G bloGk betvvGGll AGaGia ShGGt a11d SOmGlsGt Stleet, tI1G Gulf ofMGAleo on tIiG vvGst, CkalvvatGl IIalbol on tIiG Gast a11d tIiG Sa11d KGy DlidgG on tIiG soutIl, GAduding Devon AvGllue a11d DaysidG DlivG. DGaGhflOut a11d public plOpGlty 10GatGd adjaGGllt to tI1G Gulf of MGAlGO a11d tIiG Il.lhaeoastal V/atGlvvay vvitIl a PutulG La11d Use designation of Reel Gation/OpGn Space shall bG GAeludGd flOm tI1G Community RGdGvdopmGllt Distliet 2.1.4 ThG usG of tI1G dGllsity pool of additional hotel lOoms GstablishGd in Beach by Design. A ]', eliminalY Design fm Cleanl/atel Beach and Design Guidelines is pGHllittGd in tile follovv ing alGas. 1. The la11d 10GatGd bGtvveGll Ma11dalay AvGllue a11d tile Gulf of MGAleo bGtvveGll ROGkavvay StlGGt a11d Papaya So Get, a11d 2. The la11d 10GatGd soutIl of thG PiG 1 GO palking lot a11d nOltIl of tIiG southeily lot lines of Lots 77 a11d 12G of tI1G Lloyd-VlhitG-SkinnGl Subdivision bGtvvGGll SOutIl GulfviGvv DOukvald a11d COlOnado DlivG. 2.1.5 A tlaGking systGm f01 tile alloGation of units flOm tIiG dGllsity pool pWllittcd by Beach by Design. A ]', eliminalY Design fm Cleal ~I/atel Beach and Design Guidelines vvill bG Gstablished, administelGd a11d monitoled by the Ckal vvatGl Pla1l1ling DG pal OUGHt. 2.1.G La11d usG dGGisions in CkalvvatGl shall supp01t tile GApa11sion of GeonomiG opp01tunity, tI1G GIGation of jobs, a11d maintena11GG of GAl sting indusoiGs tIuough GstablishmGnt of GntelplisG LOnGS, aGtivity eentels a11d ledevdopment A- 5 2008 EAR Based Amendments Attachment number 3 Page 6 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se aleas and by eooldlnatlon wIth the Chambel of COm1llelCe and TOullst DCvelop1llwt COuncIl. 2.1.7 DOwntown Clealvv<tlCl shall be desIgnated a leglonal actIvIty CWtel suItable fO! Incleased tIlleshold Intwslty fOl de veloP1llwt conslstwt w ltIl tile bOundalles of the Cwtlal Duslness Dishlct as IndIcated In tile Clealvvatel DOwntown Redevelop1llwt Plan applOved In 2004. 2.1.8 The City shall contInue to suppOlt and 11llplc1llwt applOved conllllunlty ledevelopment alea plans, such as tile Ckalvvatel DOwntown Rcdcvelop1llcnt Plan adopted In 2004. 2.1.9 The City shall contInue to levlcw tile bOundalles of tile dOwntown ledevelopmwt dlstllct to detelllllne whetIlel boundaly adjustmwts ale needed. 2.1.10 Ckalvvatel will continue to SuppOlt tile tall.. Inclement financIng plOglalll alld ledevelopment dfoltS of till, dOwntown alea tIllough actlvltics of till, economIc develop1llwt office alld actions of tile City CommIssIon as tile Conllllunlty Redcvelop1llwt Agwcy. 2.1.11 The City of Ckalvvatel will continue to plOmote Infi11 dCvelopmwt alld tile lemoval of blIght tIllough tile Unsafe SUuctules PlOglalll. 2.2 Object;ve The City of Cleal \'fatel shall {Odt;due to suIlIlol t ;ddovat;ve Illadded develoIlllledt add Ill;Aed ladd use develoIlllledt tedld;ques ;d 01 del to Illodlote ;df..ll develoIlllledt that ;s COdS;Ste.lt add COdlIlat;ble \'f ;th the SUII oUlld;dg ed V;I Olhlledt. PolIcIes 2.2.1 On a contInuIng basIs, tile Com1llunlty Develop1llwt Code alld tile sIte pI all applOval plOcess shall be utlllLed In plOmotlng Infi11 development alld/O! plalllled dcvelop1llwts tIlat ale compatible. 2.3 Object; ve - The City shall edCOul age the ;lllIlIe.lledtat;od of h;stol;c ove.lay d;st. ;cts, the llla;dte.ladce of h;St;dg h;stol;c III oIlel t;es, add the III esel vat;od of h;St;dg de;ghbol hoods thlough the use of des;gd gu;del;des add the ;dlIlledledtat;od of the C;ty' s COdlIllud;ty DeveloIlllledt Code. PolIcIes 2.3.1 The City CommIssIon shall be lesponslbk fOl tile desIgnation of hlstollc plOpelties alld dlsulcts wltIlln tile City of Cleal watGl, desIgnatIons shall be consIstent w ltIl tile standalds fOl dcslgnation fOund In till, City's Com1llunlty DCvelop1llwt Code. 2.3.2 Any ChallgCS to applOved hlstOilc SUuctules shall be applOved by tile COln111unlty Development Doald In accoldallCe wltIl tile plOcedules alld lequlle1llents fOund In tile CommunIty Development Code. A-6 2008 EAR Based Amendments Attachment number 3 Page 7 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se 2.3.3 The City of Clealwatel shall continue to implement the Design Guidelines, adopted in 2004, EOl all development govellled by the Clealwatel DOwntown Redevelopment Plan. (Revised as Policy A.5.5.4) 2.3.4 Dy Decembel 2000, the City shall adopt additional design guidelines, as palt of the Community Development Code, EOl the following aleas. 1. Gulfto Day COllidol (Project cancelled) 2. Clealwatel Deaeh and vicinity (Revised as Policy A.5.5.5) 2.4 Object; ve - COdlpact UI bad developdledt \'f ;th;d the UI bad sel v;ce al ea shall be Pi odloted thl ough appl;cat;od of the Cleal \'fatel COdhHud;ty Developdledt Code. Policies 2.4.1 The development 01 ledevelopment of small palcels [less thall one (1) aele] which ale eullently leeeiving all adequate Level ofSelvice shall be specifically eneoulagcd by achninisnation of lalld development alld eoneulleney mallagement legulatoly systems as a method of plOmoting ulball infill. 2.5 Object;ve - The Gty shall edcoulage ;Inploved ladd use cOIHpat;ba;ty tlhough the evaluat;od of t. aff;c caldl;dg tedhl;ques, dlult;-dlodel t. adspodat;od det\'f 01 ks, add the use of t. ads;t 01 ;edted developdledt pladd;dg. , Policies 2.5.1 The City shall suppOlt the Pinellas Tlail alld eAaluine oppoltunities EOl Tlail eAtensions 01 SpulS to connect legional attlaetions alld emplOyels. 2.5.2 On all ongoing basis, the city shall eAplOle name calming techniques in the dEolt to implOve safety alld plOmote a livable envilOnmwt within the City's lesidential alld toulist aleas. 2.5.3 All plOposed development'lcdevelopment initiatives shall be leviewcd fOl oppoltunities to implOve pedesniall alld bieyele access. On Cleal watel Deaeh, pedesniall alld bieyele implOvements should adhele to the policies alld design guidelines set EOlth in Beach by Design. A ]', eliminalY Design /01 Cleal ~vatel Beach and Design Guidelines. 2.5.4 The City shall fully evaluate the allival alld distlibution of name on Cleal watel Deaeh upon completion of the design of the new Memolial Causeway DlidgG. 2.5.5 The City shall evaluate the potential EOl all intI a-beach nallsit system on Clealwatel Deaeh alld investigate potential funding SOulees. A-7 2008 EAR Based Amendments Attachment number 3 Page 8 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se 2.6 Objed;"e - TOul;Sdl ;s a substadt;al eledlblt of the C;ty'S ecododl;C base add as such the City shall cOdt;due to SUpPOI t the .na;dtedadce add etlhadcedledt of th;s ;tllpodadt ecododl;C sedol. (EAR Tel! t III, Issues of Local COllcelll. Changes ill Rede velopment) rollGlGS l.G.! ThG City SuppOltS and WGOulages thG Gonti11uGd dGvdopmwt and IGdGvdopme11t of o v Gllllght aGeonllnodatlo11 uSGS. l.G.2 The City suppO!ts thG adoptIon ofhlghGI dwslty/illtwslty standalds EO! o v Gllllght aGGommodation uSGS suGh that a suffiGlwt supply shall bG availabk w Ithl11 thG City PlOy IdGd that GOnGullWGy standalds alG mGt. l.G.] ThG City shall GOntl11uG to wOlk. wIth thG CkalwatGI DGaGh ChambGI of COnllllGIGG, Ckal watel RGglonal ChambGI of COmmGIGG, and thG TOullst DGvdopment CounGil to plOmotG CkalwatGI as a tOullSt dGstlnation. A.2 3: GOAL - A SUFFICIENT VARIETY AND AMOUNT OF FUTURE LAND USE CA TEGORIES SHALL BE PROVIDED TO ACCOMMODATE PUBLIC DEMAND AND PROMOTE INFILL DEVELOPMENT. A.2..1 B Objective - Public institutions, such as hospitals, parks, utility facilities and government facilities, shall be provided sufficient land area to accommodate identified public needs. Policies A) 11 3:H Utility facilities shall continue to be allowed in all City of Clearwater land use categories and zoning districts consistent with City regulations. A) 1 ) 3-:-t:Z Growth of Morton Plant hospital shall continlle to be consistent with the Morton Plant Hospital Master Plan. (EAR Part IV, Assessment of Implementation of Objectives and Policies) A.2..2 B Objective - Future Land Use in the City of Clearwater shall be guided by the Comprehensive Land Use Plan Map and implemented through the City's Community Development Code. Map categories are further defined in Policy # 3:B A 2 2 1 below. (Updated text) Policies A)) 1 3-:Z:-t Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR - floor area ratio; ISR - impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City COlmcil CommIssIon. Consequently, individual zoning districts, as established by the A- 8 2008 EAR Based Amendments Attachment number 3 Page 9 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. 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"" ~ 131 '" ~ ~ 6 =- Attachment number 3 Page 14 of 31 Attachment number 3 Page 15 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se A777 3-:Z-:Z Residential land uses shall be appropriately located on local and minor collector streets; if appropriately buffered; they may be located on major collector and arterial streets. Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. A77:) 3-:B Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. A774 3-:Z-:4 Industrial land uses shall be located along arterial or major collector streets, with rail access if possible. Siting and operation of industrial land uses should not create adverse off-site impacts, particularly as these off-site impacts may degrade residential areas. A77'i 3-:Z-:5 Subdivision of land shall be consistent with and governed by the Comprehensive Plan objectives and policies regarding land use, transportation, conservation, and utility services. A776 3-:Z-:6 The Community Development Code shall provide for safe on-site traffic circulation and connections to adjacent arterial and collector streets consistent with Florida Department of Transportation and Institute of Traffic Engineers design guidelines. A 7 7 7 The City will provicle clensity honllses to clevelopers of ::Ifforcl::lhle hOllsine; ::Incl/or mixecl-income clevelopments h::lsecl on recommencl::ltions est::lhlishecl in the City's T ,0c::lI HOllsine; Assist::lnce PI::ln ::Incl implementecl throlle;h the City's Commllnity Development Cocle (EAR Part III, Issues of Local Concern: Changes in Redevelopment) A.J 4:; GOAL 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. A.ll 4-;t Objective - 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. Policies A :) I I 4-:H Commercial SIgns m 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. A -15 2008 EAR Based Amendments Attachment number 3 Page 16 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se A:) 1 ) 4-:-t:Z Proliferation of billboards along major collector and arterial streets shall be prevented as is currently provided. A:)I:) 4-:-t:3 Sign identification of City parks and buildings shall be used as a positive example of aesthetic and legible site identification. A..ll 4-;2 Objective - All development or redevelopment initiatives within the City of Clearwater shall meet the minimum landscaping / tree protection standards of the Community Development Code in order to promote the preservation of existing tree canopies, the expansion of that canopy, and the overall quality of development within the City. Policies A:) ) 1 4:Z:-t All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code. M 5-; GOAL - THE CITY SHALL NOT PERMIT DEVELOPMENT TO OCCUR UNLESS AN ADEQUATE LEVEL OF SERVICE IS AVAILABLE TO ACCOMMODATE THE IMP ACTS OF DEVELOPMENT. AREAS IN WHICH THE IMP ACT OF EXISTING DEVELOPMENT EXCEEDS. THE DESIRED LEVELS OF SERVICE WILL BE UPGRADED CONSISTENT WITH THE TARGET DATES FOR INFRASTRUCTURE IMPROVEMENTS INCLUDED IN THE APPLICABLE FUNCTIONAL PLAN ELEMENT. A..4..l 5;t Objective - The City shall examme and IIp~rade {Odt;due to ;.llpledlblt the Concurrency Management and information system as appropriate for to be used in granting development permits. This system shall continue to consider the current, interim, and ultimately desired Levels of Service for traffic circulation, transit, water, sewer, garbage collection, and drainage systems and shall provide data on sub-sectors of the City in which service deficiencies exist or in which services are adequate to serve existing and planned new development. This blevel of S.s.ervice status will be considered and made part of the staff recommendation at the time of zoning, site plan, or plat approval. The blevel of S.s.ervice monitoring system shall be adjusted, at a minimum, annually to determine adequacy of service capacity. Should a requested development permit result in approvals which would burden service systems above adopted levels, permission to proceed with the development will not be granted until the City has assured that adequate services will be available concurrent with the impacts of development. (Editorial) Policies A 411 5:-H No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum A -16 2008 EAR Based Amendments Attachment number 3 Page 17 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. A 41 ) 5-:-t:Z For the road links enumerated in the Tr::lnsport::Jtion TlafIk ClIGulation Element, a tiered Bevel of Sservice is established. The initial Bevel of Sservice established for the purpose of issuing development permits shall be increased after improvements are completed, consistent with the construction initiation dates. (Editorial) A 4 1 :) 5-:-t:3 The City shall recognize the overriding Constitutional principle that private property shall not be taken without due process of law and the payment of just compensation, which principle is restated in Section 163.3194 (4) (a), Florida Statutes. A...5. (iOAL-THR rTTV OF rLRARWATRR SHALL TDRNTTFV AND TTTTLTZR A rTTVWTDR DRST(iN STRTTrTTTRR rOMPRTSRD OF A HTRRARrHV OF PLArRS AND UNKA(iRS THR rTTVWTDR DRST(iN STRTTrTTTRR WTLL SRRVR AS A (iTTTDR TO DRVRT ,OPMRNT AND T ,A ND TTSR DRrTSTONS WHTT ,R PROTRrTTN(i THOSR RLRMRNTS THAT MAKR THR rTTV TTNTQTTRLV rLRARWATRR . (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A...5...l Ohjective- Rstahlish the Hierarchy of Places as shown on Map A-14 (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) Policies' A'i 1 1 Tclentify Activity Centers' nien intensity, nien-clensity mlllti-lIse ::Ire::ls clesienMecl ::IS ::IppropriMe for intensive erowtn ::Incl rolltinely provicle service to::l sienific::lnt nllmher of citizens of more tn::ln one cOlmty Activity centers ::Ire proximMe ::Incl ::Iccessihle to interstMe or m::ljor ::Irteri::ll ro::lclw::IYs, ::Incl ::Ire composecl of mllltiple clestimtion points, l::Inclm::lrks ::Incl neienhornoocl centers ::Incl cn::lr::lcter feMmes (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i 1 ) Tclentify Destin::ltion Points' ::Ictive m::ln-m::lcle fe::ltmes tn::lt creMe commllnity-wicle interest in ::In ::Ire::l ::Incl clr::lw people to tnem (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i 1 :) Tclentify MlIlti - Neiehhornoocl Snoppine Centers ::Incl SmrOlmcline Non-Resiclenti::ll TTses' commerci::ll est::lhlisnments tn::lt serve more tn::ln one neienhornoocl ::Incl tnese c::ln he peclestri::ln frienclly or ::IlItomohile orientecl (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A -17 2008 EAR Based Amendments Attachment number 3 Page 18 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se A 'i 1 4 Tclentify Neiehhorhoocls' eeoer::lphic::llly loc::llizecl commllnity 10cMecl within the city (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A'i 1 'i Tclentify Neiehhorhoocl Shoppine Centers Ancl SmrOlmcline Non-Resiclenti::ll Uses' ::I limitecl nllmher of commerci::ll est::lhlishments thM fl1lfill the h::lsic neecls ofresiclents within one mile of the center (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i 1 h Tclentify T ,::Inclm::lrks' p::lssive nMm::l1 or m::ln-m::lcle fe::ltmes thM ::Ire prominent or well-known ohjects in ::I p::lrticlll::lr l::lnclsc::lpe, ::IS well ::IS feMmes ::Incl f::lcilities th::lt hllilcl pricle in loc::ll resiclents (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i 1 7 Tclentify Neiehhorhoocl Ch::lr::lcter FeMmes' mtm::ll or m::lnm::lcle elements th::lt eive neiehhorhoocls their clistinct persomlities (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i 1 R Protect commllnity ::Issets sllch ::IS l::lnclm::lrks, clestinMion points ::Incl neiehhorhoocl ch::lr::lcter feMmes throlleh the clevelopment review process (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A...5..2 Ohjective - Define linka~es as shown on Map A-14 (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) Policies' A 'i ? 1 Tclentify G::Itew::lYs' entryw::lYs to the City ofCle::lnvMer (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i ? ? Tclentify Tr::lik p::lved hicycle/peclestri::ln corriclors clesiemtecl ::Incl restrictecl to non-motori zecl tr::lffic, hllilt to st::lncl::lrcls thM provicle ::I hieh cleeree of s::lfety, efficiency ::Incl comfort for the lIser, while reflectine the lIniqlle circllmst::lnces of the tr::lil's 10cMion (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i ? :) Tclentify Desiemtecl Scenic Non-Commerci::ll Corriclors' speci::llly clesiemtecl rO::lclw::IY for which policies exist to preserve tr::lffic c::lp::lcity ::Incl to protect the ::Iesthetic qmlities of the rO::lclw::IY corriclor::ls well ::IS limitine commerci::ll clevelopment (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i ? 4 Tclentify Scenic Corriclors' ::Ire::ls in the City which h::lve p::lrticlll::lr sienific::lnce in tenns of mtm::ll he::lllty or commllnity ch::lr::lcter (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A -18 2008 EAR Based Amendments Attachment number 3 Page 19 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se A 'i ) 'i Tclentify View Corriclors' clist::lnt view or prospect especi::llly one seen throlleD ::In openine, ::IS hetween rows ofhllilclines or trees (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i ) h Tclentify Preserv::ltion Corriclors' corriclors or portions of corriclors thM neecl to he preservecl for their lIniqlle ch::lr::lcter (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i ) 7 Tclentify Reclevelopment Corriclors' those corriclors or portions of corriclors thM neecl ::I ch::lr::lcter ch::lnee or restor::ltion to ::I hetter conclition (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i ) R Tclentify PST A ROlltes' those corriclors in the City of Cle::lrw::lter ::Ilone which the PST A (Pinell::ls SlIncO::lst Tr::lnsit AlIthority) hllses oper::lte (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A...5...3. Ohjective - Use the city-wide desi~n structure as a ~uide to preserve the existin~ character of certain corridors within the City of Clearwater (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) Policies' A 'i :) 1 Preserve the resiclenti::ll ch::lr::lcter of the clesien::ltecl scenic non-commerci::ll corriclor of Relcher RO::IcI from SlInset Point RO::IcI to the northern City T ,imits (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i :) ) M::Iint::lin the mix of resiclenti::ll ::Incl commerci::ll lIses ::Ilone Relcher RO::IcI from COlmtrysicle ROlllev::Ircl to NortDe::Jst CO::Ichm::ln RO::IcI (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i :) :) SlIppOrt the lIniqlle ch::lr::lcter of Relle::lir RO::IcI hy m::lint::linine the l::lree lot resiclenti::ll ch::lr::lcter of the ::Ire::l ::Incl the lIniqlle tree c::lnopy fonnecl over the rieht-of-w::lY (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i :) 4 Protect the eolf cOllfse commllnity ch::lr::lcter of the COlmtrysicle neiehhorhoocl ::Incl preserve the resiclenti::ll ch::lr::lcter, l::lnclsc::lpecl mecli::lns ::Incl l::lnclsc::lpine ::Ilone hoth sicles ofCOlmtrysicle ROlllev::Ircl from S R 'iRO to ClIflew RO::IcI (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i :) 'i Preserve the resiclenti::ll ch::lr::lcter hemltiflllly l::lnclsc::lpecl mecli::lns, siclew::llks ::Incll::lnclsc::lpine ::Ilone hoth sicles of H::Irn ROlllev::Ircl (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A -19 2008 EAR Based Amendments Attachment number 3 Page 20 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se A 'i :) h M::Iint::lin the resiclenti::ll ch::lr::lcter of Keene RO::IcI hy limitine commerci::ll clevelopment to key intersections consistent with the scenic non-commerci::ll corriclor provisions (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i :) 7 SlIppOrt the continllecl existence of the resiclenti::ll ::Incl institlltioml ch::lr::lcter ::Ilone NlIfsery RO::IcI hetween Relcher ::Incl US 19 hy preclllcline the exp::lnsion of existine commerci::ll ::Ire::ls (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i :) R Protect the lIniqlle resiclenti::ll ch::lr::lcter ::Incl clistinctive tree c::lnopy ::Ilone Clevel::lncl Street hetween Hiehl::lncl Avenlle ::Incl Relcher RO::IcI (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i :) 9 Protect view corriclors sllch ::IS M::Ienoli::l Street lookine West from Dmicl RO::IcI ::Incl R::Iyview Avenlle lookine SOllth (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A...5...:l Ohjective - Use the Citywide desi~n strnctnre as a ~Jlide to snpport redevelopment of properties alon~ important corridors, snch as. (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods and Redevelopment) Policies' A 'i 4 1 SOllth M::Irtin LlIther Kine, Tr Avenlle from L::Ikeview RO::IcI to Woocll::lwn Street The est::lhlishecl ch::lr::lcter of the ::Ire::l sholllcl continlle' however limitecl ::Imenclments to the FlItllfe T ,::Incl Use Pl::ln ::Incl Zonine Atl::ls m::lY he consiclerecl to SllppOrt commerci::ll lIses ::It key loc::ltions The reclevelopment of nonconfonnine inclllstri::ll lIses, the improvement of hliehtecl commerci::ll lIses, ::Incl streetsc::lpe improvements sholllcl he encollf::leecl (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods and Redevelopment) A 'i 4) T ,::Ikeview RO::IcI from SOllth Fort H::Irrison Avenlle to SOllth M::Irtin T ,lither Kine, Tr Avenlle Amenclments to the FlItllfe T ,::Incl Use Pl::ln ::Incl Zonine Atl::ls m::lY he consiclerecl to SllppOrt the emereine ch::lr::lcter of the ::Ire::l ::Incl Morton Pl::lnt Hospit::ll T ,::Incl ::Issemhly for reclevelopment sholllcl he encollf::leecl (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods and Redevelopment) A 'i 4:) North M::Irtin T ,lither Kine, Tr Avenlle from F::Iinnont Street to Drew Street The existine w::llbhle commllnity ::Inclliv::lhle neiehhorhoocl fe::ltllfes sholllcl he m::lint::lined while resiclenti::ll, office ::Incl institlltioml lIses sholllcl he sllpportecl (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods and Redevelopment) A-20 2008 EAR Based Amendments Attachment number 3 Page 21 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se A 'i 44 Missollri Avenlle from Drew Street to Relle::lir RO::Io The creMion of ::Ifforo::lhle hOllsine ::Ino mixeo-lIse oevelopment sholllo he sllpported ::In 0 lot consolio::ltion ::Ino streetsc::lpe improvements sholllo he encollf::leeo (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods and Redevelopment) A 'i 4 'i GlIlf-to-R::IY ROlllev::lro e::lst of U S Hiehw::IY 19 A menoments to the FlItllfe T ,::In 0 Use Pl::ln ::In 0 Zonine Atl::ls m::lY he consioereo to promote reoevelopment ::Ino l::lno ::Issemhly AnnexMions ::Ino the inst::lll::ltion of ::Ippropri::lte streetsc::lpe improvements sholllo he encollf::leeo (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods and Redevelopment) A 'i 4 h Drew Street from Myrtle Avenlle to US Hiehw::Iy 19 The cre::ltion of w::Ilbhle commllnities ::Ino liv::lhle neiehhorhooos sh::lll he sllpporteo A nnexMion, lot consolioMion, the f::lcilitMion of m::lss tr::lnsit ::Ino inst::lll::ltion of ::IppropriMe streetsc::lpe improvements sholllo he encollf::leeo (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods and Redevelopment) A 'i 47 SOllth Fort H::Irrison Avenlle from A Street to F Street Amenoments to the FlItllfe T ,::In 0 Use Pl::ln ::Ino Zonine Atl::ls m::lY he consioereo to promote ::Ifforo::lhle hOllsine, mixeo-lIse oevelopment ::Ino to SllppOrt the emereine ch::lr::lcter of the ::Ire::l ::Ino Morton Pl::lnt Hospit::ll (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods and Redevelopment) A 'i 4 R Stlloy the est::lhlishment of tr::ln sport::lti on concllfrency ::IltemMives to SllppOrt hieher oensities ::Ilone reoevelopment corrioors ::Ino in ::Ictivity centers (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods and Redevelopment) A 'i 4 9 SlIppOrt the ::Iooption ::Inolltili z::Ition of FlItllfe T ,::In 0 Use Pl::ln c::lteeories m::loe ::Iv::lil::lhle hy the COlmtywioe Pl::ln RlIles th::lt ::Ire consistent with ::Ino promote intill ::Ino oesireo reoevelopment ::Ilone corrioors (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods and Redevelopment) A...5...5. Ohjective - Promote hi~h quality desi~n standards that support Clearwater's ima~e and contrihute to its identity (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) Policies' A 'i 'i 1 Development sholllo he oesieneo to m::lint::lin ::Ino SllppOrt the eXlstme or envisioneo ch::lr::lcter of the neiehhorhooo (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A - 21 2008 EAR Based Amendments Attachment number 3 Page 22 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se A 'i 'i ? Preserve the lIniqlle qll::llities of Cle::lTW::Iter ::1]](1 its cllltllT::I1 herit::lee ::IS exemplifiecl hy historic hllilclines, l::lnclm::lrks, l::lnclsc::lpes, streetsc::lpes, liehtine, ::Incl hllilcline clesien (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i 'i :) Explore the clevelopment of speci::ll ::Ire::l pl::lns ::Incl/or clesien elliclelines for Westfielcl Shoppinetown COlllltrysicle, Cle::lTW::Iter M::IH Hercllles Tnclllstri::ll Are::l, Morton Pl::lnt Hospit::ll Are::l ::Incl others, ::IS ::Ippropri::lte (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i 'i 4 Upcl::lte Reach hy ne~ien' A Preliminary ne~ien for rJearwater Reach and ne~ien Guideline~, the Cle::lTW::Iter Downtown Reclevelopment Pl::ln, ::IS neeclecl (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A...5...6. Ohjective - Use the Puhlic Art ~mcl nesi~n Pro~ram to contrihute to Clearwater's visual iclentity, create memorahle ima~es of the city for visitors ancl resiclents, reinforce Clearwater's role as an emer~in~ re~ional leacler in culture, recreation ancl environmental mana~ement ancl the City's reputation as a wonclerful place to live, earn, work ancl play (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) Policies' A 'i h I CreMe::lrt projects thM help to sh::lpe the City's im::lee, strenethen civic connectivity ::Incl Sllpport neiehhorhoocl iclentity (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i h? Tmplement the Pllhlic ::Irt proer::lm to creMe ::Ittr::lction points, enh::lnce neiehhorhoocl ch::lr::lcter ::Incl Sllpport persoml inter::lction (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i h:) Tmprove city connectivity throlleh the pl::lcement ofpllhlic::lrt in ::Ire::ls where neiehhorhoocls come toeether throlleh recreMion ::Incl soci::ll ::Ictivities (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i h 4 Strenethen neiehhorhoocl iclentity throlleh the pl::lcement ofpllhlic::lrt M lihr::lries, Pllhlic s::lfety f::lcilities ::Incl neiehhorhoocl p::lrks (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A 'i h'i Cre::lte1::Jnclm::lrks III the city hy 10cMine Pllhlic ::Irt in hiehly visihle ::Incl ::Iccessihle ::Ire::ls sllch ::IS in Downtown, Cle::lTWMer Re::lch, M city e::ltew::lYs, ::Incl ::It recre::ltioml ::Incl cllltllT::I1 clestimtions to project the City's im::lee (EAR A-22 2008 EAR Based Amendments Attachment number 3 Page 23 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A...6. (iOAL - THR CITY OF CLRARWATRR SHALL lJTTUZR INNOVATTVR AND FLRXTRLR PLANNIN(i AND RN(iINRRRIN(i PRACTTCRSr AND lJRRAN DRSI(iN STANDARDS IN ORDRR TO PROTRCT HISTORIC RRSOlJRCRS, RNSlJRR NRI(iHRORHOOD PRRSRRVATTON, RRDRVRLOP RU(iHTRD ARRAS, AND RNCOlJRA(iR INFTTJ, DRVRI,OPMRNT A 6 1 Olljective - The redevelopment of hli~"'ted, suhshmdard, inefficient and/or ohsolete areas shall he a hi~'" priority and promoted throu~h the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards Policies A h 1 1 Reclevelopment sh::lll he encollr::le;ed where ::Ippropri::lte, hy provicline; clevelopment incentives sllch ::IS clensity honllses for sie;nific::lnt lot consolicl::ltion ::Incl/or c::lt::llytic projects, ::IS well ::IS the lIse of tr::lnsfer of clevelopments rie;hts pllrsll::lnt to ::Ipprovecl speci::ll ::Ire::l pl::lns ::Incl reclevelopment pl::lns A h 1 7 Renew::Il of the he::lch tOllriSt clistrict sh::lll he encollr::le;ecl throlle;h the est::lhlish- ment of clistinct clistricts within Cle::lnv::lter Re::lch, the est::lhlishment of ::I limitecl clensity pool of ::Iclclitioml hotel rooms to he lIsecl in specifiecl e;eoe;r::lphic ::Ire::ls of Cle::lnv::lter Re::lch enh::lncement of Pllhlic rie;hts-of-w::IY, the v::lc::ltion of Pllhlic rie;hts-of-w::IY when ::Ippropri::lte, tr::lnsport::Jtion improvements, inter-he::lch ::Incl intr::l-he::lch tr::lnsit tr::lnsfer of clevelopment rie;hts ::Incl the lIse of clesie;n e;lIiclelines, pllfsmnt to Reach hy ne~ifJ1' A Preliminary ne~ign for rJearwater Reach and ne~ign r;uideline~ A hI:) The ::Ire::l e;ovemecl hy Reach hy ne~ign' A Preliminary ne~ifJ1 for rJearwater Reach and ne~ifJ1 r;uideline~ sh::lll he recoe;nizecl on the Cmmtywicle FlItllfe T ,::Incl Use m::lp ::IS ::I Commllnity Reclevelopment District This ::Ire::l is hmmclecl on the north hy the line clivi cline; the hlock hetween AC::lci::l Street ::Incl Somerset Street the GlIlf of Mexico on the west Cle::lnv::lter H::Irhor on the e::lst ::Incl the S::Incl Key Rricle;e on the smIth exclllcline; Devon Avenlle ::Incl R::Iysicle Drive Re::lchfront ::Incl Pllhlic property loc::ltecl ::Iclj::lcent to the GlIlf of Mexico ::Incl the Tntr::lcO::lst::ll W::Itenv::lY with ::I Futllfe T ,::Incl Use clesie;n::ltion ofRecre::ltion/Open Sp::lce sh::lll he exclllclecl from the Commllnity Reclevelopment District A h 1 4 The lIse of the clensity pool of ::Iclclitioml hotel rooms est::Jhlishecl in Reach hy ne~ign' A Preliminary ne~ifJ1 for rJearwater Reach and ne~ign r;uideline~ is pennittecl in the followine; ::Ire::ls' L The l::lncl loc::ltecl hetween M::Incl::ll::lY Avenlle ::Incl the GlIlf of Mexico hetween Rocbw::IY Street ::Incl p::IP::lY::l Street. ::Incl 2.. The l::lncl loc::ltecl smIth of the Pier hO p::lrkine; lot ::Incl north of the sOlltherly lot lines of T ,ots 77 ::Incl l7h of the T ,loycl-White-Skinner SlIhclivision hetween SmIth GlIlfview ROlllev::lrcl ::Incl Coron::lclo Drive A-23 2008 EAR Based Amendments Attachment number 3 Page 24 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se A h 1 'i A tr::lckine system for the ::Illoc::ltion ofllnits from the clensity pool pennittecl hy Reach hy ne~igYl" A Preliminary ne~ifJ1 for rJearwater Reach and ne~ign r;uideline~ will he est::lhlished ::Iclministerecl ::Incl monitorecl hy the Cle::lnv::lter Pl::lnnine Dep::lrtment A h 1 h T ,::Incl lIse clecisions in Cle::lnv::lter sh::lll SllppOrt the exp::lnsion of economic opportllnity, the cre::ltion of johs ::Incl tr::linine opportllnities ::IS well ::IS the m::linten::lnce of existine inclllstries throlleh est::Jhlishment of enterprise zones, ::Ictivity centers ::Incl reclevelopment ::Ire::ls ::Incl hy coorclimtion with the Ch::lmher of Commerce, TOllrist Development COlmcil ::Incl other economic clevelopment ore::lniz::Itions ::Incl ::Ieencies (EAR Part V, changes to Florida Statutes and Administrative Rules) A h 1 7 Downtown Cle::lnv::lter is clesiemtecl ::IS ::I Reeioml Activity Center sllit::lhle for incre::lsecl thresholcl intensity for clevelopment consistent with the hOlmcl::lries of the Centr::ll BlIsiness District ::IS iclentifiecl hy the T::Imp::l B::IY Reeioml Pl::lnnine COlmcil's Str::lteeic Reeioml Policy Pl::ln ::Incl ::IS inclic::ltecl in the Cle::lnv::lter Downtown Reclevelopment Pl::ln ::Ipprovecl in 7004 (EAR Part IV, Assessment of Implementation of Objectives and Policies) A h 1 R The City sh::lll continlle to SllppOrt ::Incl implement ::Ipprovecl commllnity reclevelopment ::Ire::l pl::lns, sllch ::IS the Cle::lnv::lter Downtown Reclevelopment Pl::ln ::Icloptecl in 7004 ::Incl Be::lch By Desien ::Icloptecl in 7001 (EAR Part IV, Assessment of Implementation of Objectives and Policies) A h 1 9 The City sh::lll continlle to review the hOlmcl::lries of the clowntown reclevelopment clistrict to cletennine whether hOlmcl::lry ::Icljllstments ::Ire neeclecl A h 1 10 Cle::lnv::lter will continlle to SllppOrt the t::JX increment fimncine proer::lm ::Incl reclevelopment efforts of the clowntown ::Ire::l throlleh ::Ictivities of the economic clevelopment office ::Incl ::Ictions of the City COlmcil ::IS the Commllnity Reclevelopment Aeency (EAR Part IV, Assessment of Implementation of Objectives and Policies) A hIlI The City of Cle::lnv::lter will continlle to promote infill clevelopment ::Incl the remov::ll ofhlieht throlleh the lTns::lfe Stmctllfes Proer::lm A h 1 1 7The City of Cle::lnv::lter will continlle to promote infill clevelopment ::Incl reclevelopment to provicle opportllnities ::Incl conclitions for the provision of ::Iccessory clwelline lInits (EAR Part V, changes to Florida Statutes and Administrative Rules) A...6..2. Olljective - The City of Clearwater shall continne to snpport innovative planned development and mixed land nse development techniqnes in order to promote infill development that is consistent and compatihle with the snrrmmdin~ environment A-24 2008 EAR Based Amendments Attachment number 3 Page 25 of 31 lTO::lls Ohjectives ::Inri Policies Policies FlItllfe T ,::Inri T J se A h) 1 On ::I continlline h::lsis, the Commllnity Development Coele ::Inel the site pl::ln ::Ipprov::ll process sh::lll he lItilizeel in promotine intill e1evelopment ::Inel/or pl::lnneel e1evelopments th::lt ::Ire comp::ltihle A h) ) Encollf::lee l::lnelllse conversions on economic::llly lInelemtilizeel p::lrcels ::Inel corrielors, ::Inel promote reelevelopment ::Ictivities in these ::Ire::ls (EAR Part II, Statutory Issues: Changes in Land Area Issue and Part III, Issues of Local Concern: Changes in Redevelopment) A h ) :) Telentify ::Ire::ls where l::lnel ::Issemhly opportJllIities exist ::Inel t::lreet reelevelopment ::Ictivities in these ::Ire::ls (EAR Part II, Statutory Issues: Changes in Land Area Issue and Part III, Issues of Local Concern: Changes in Redevelopment) A h ) 4 Throlleh economic e1evelopment proer::lms, f::lcilit::lte the e1evelopment of ::Ih::lneloned ielled hrowntielel or lInelemtilizeel properties ::Inel hllilelines, hrineine them h::lck into proelllctive lIse (EAR Part V, changes to Florida Statutes and Administrative Rules). A h) 'i Work with the Pinell::ls Pl::lnnine Cmlllcil to ::Imenel the Cmllltywiele RlIles concemine mixeel-lIse c::llclll::ltions in oreler to f::lci1 it::lte mixeel-lIse e1evelopment (EAR Part III, Issues of Local Concern: Changes in Redevelopment) A h ) h Use the site pl::ln ::Ipprov::ll process to solicit inpllt from the Police Dep::lrtment to ensllfe th::lt reelevelopment is consistent with Crime Prevention Throlleh Environment::ll Desien (CPTED) principles (EAR Part III, Issues of Local Concern: Changes in Redevelopment) A...6...3. Olljective - The City shall encoura~e the implementation of historic overlay districts, the maintenance of existin~ historic properties, and the preservation of existin~ nei~hhorhoods throu~h the use of desi~n ~uidelines and the implementation of the City's Community Development Code Policies A h:) 1 The City Cmlllcil sh::lll consieler e1esiemtine historic properties ::Inel e1istricts within the City of Cle::lnv::lter e1esien::ltions sh::lll he consistent with the st::lnel::lrels for e1esiemtion fmlllel in the City's Commllnity Development Coele Proceelllfes ielentitieel in the Commllnity Development Coele sholllel he ::Imeneleel to penn it the City, in ::Ielelition to property owners, to initi::lte sllch e1esiemtion (EAR Part IV, Assessment of Implementation of Objectives and Policies) A h:)) Any ch::lnees to ::Ipproveel historic stmctllfes sh::lll he ::Ipproveel hy the Commllnity Development RO::Irel in ::Iccorel::lnce with the proceelllfes ::Inel reqllirements fmlllel in the Commllnity Development Coele A-25 2008 EAR Based Amendments Attachment number 3 Page 26 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se A h:) :) Consicler conclllctine sllTveys to iclentify ::Incl eV::llmte potenti::ll historic resollTces for clesiemtion (EAR Part III, Issues of Local Concern: Changes in Redevelopment and EAR Part IV, Assessment of Implementation of Objectives and Policies) A h :) 4 Est::lhlish ::In Historic Preserv::ltion Steerine Committee with clirection to promote historic preserv::ltion in the City ::Incl to rese::lrch loc::ll historic preserv::ltion isslles (EAR Part III, Issues of Local Concern: Changes in Redevelopment and EAR Part IV, Assessment of Implementation of Objectives and Policies) A h:) 'i Provicle methocls to help st::lhilize neiehhorhoocls in tr::lnsition throlleh the neiehhorhoocl pl::lnnine process (EAR Part III, Issues of Local Concern: Changes in Community Character and Livable Neighborhoods) A h:) h Work with the H::Irhor O::lks Neiehhorhoocl Associ::ltion to cletennine whether there is property owner interest in pllTslline loc::ll historic clistrict clesiemtion of the City's only N::Itioml Reeister Historic District (EAR Part III, Issues of Local Concern: Changes in Redevelopment and EAR Part IV, Assessment of Implementation of Objectives and Policies) A...6....:l Olljective - Dne to the hnilt-ont character of the city of Clearwater, compact nrhan development within the nrhan service area shall he promoted thron~'" application of the Clearwater Commnnity Development Code (FA R Part TV, A ~ ~e ~ ~ment of Tmplementation of ()hjective ~ and P o/ici e ~) Policies A h 41 The clevelopment or reclevelopment of sm::lll p::lrcels [less th::ln one (1) ::Icre] which ::Ire cllTrently receivine ::In ::Icleqmte Bevel of Sservice sh::lll he specitic::llly encollT::Ieecl hy ::Iclministr::ltion of1::1ncl clevelopment ::Incl concllrrency m::lmeement reelll::ltory systems::ls::l methocl of promo tine lITh::ln intill A 6 ::; Olljective - The City shall enconra~e improved land nse compatihility thron~h the evalnation of traffic calmin~ techniqnes, mnlti-modal transportation networks, and the nse of transit oriented development plannin~ Policies A h'i 1 The City sh::lll SllppOrt the Pinell::ls Tr::lil ::Incl eX::lmine opportllnities for Tr::lil extensions or spllrs to connect reeion::ll ::Ittr::lctions ::Incl employers A h'i) On ::In oneoine h::lsis, the city sh::lll explore tr::lftic c::llmine techniqlles in the effort to improve s::lfety ::Incl promote ::I liv::lhle environment within the City's resiclenti::ll ::Incl tOllriSt ::Ire::ls A-26 2008 EAR Based Amendments Attachment number 3 Page 27 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se A h'i:) All proposeo oevelopmentJreoevelopment initi::ltives sh::lll he revieweo for opportJmities to improve peoestri::ln ::Ino hicycle ::Iccess ::Ino consioer the inteer::ltion of hicycle ::Ino peoestri::ln tr::lnsport::Jtion mooes in ::111 ph::lses of tr::lnsport::Jtion pl::lnnine, new ro::low::lY oesien, rO::low::IY con stmction , ro::low::IY resllff::lcine ::Ino other c::lpit::ll projects consistent with the City's Shifting r;ear~ Ricycle and Pede~trian Mmter Plan 700h On Cle::lnv::lter Re::lch peoestri::ln ::Ino hicycle improvements sholllo ::Iohere to the policies ::Ino oesien ellioelines set forth in Reach hy ne~ifJ1' A Preliminary ne~ifJ1 for rJearwater Reach and ne~ign r;uideline~ (EAR Part III, Issues of Local Concern: Changes in Redevelopment) A h 'i 4 The City sh::lll eV::llmte the potenti::ll for ::In intr::l-he::lch tr::lnsit system on Cle::lnv::lter Re::lch ::Ino investie::lte potenti::ll fimoine sOllfces A...6...6. Olljective - Tonrism is a snhstantial element of the City's economic hase ano as snch the City shall continne to snpport the maintenance ano enhancement of this important economic sector. (FAR Part llJ, lssues of rOGaI Concern' Changes in Redevelopmen~) Policies A h h 1 The City SllppOrtS ::Ino encollf::lees the continlleo oevelopment ::Ino reoevelopment of ovemieht ::Iccommoo::ltion lIses A h h 7 The City SllppOrtS the ::Iooption of hie her oensity/intensity st::Jno::lros for ovemieht ::Iccommoo::ltion lIses sllch th::lt ::I sllfficient sllpply sh::lll he ::Iv::lil::lhle within the City provioeo th::lt concllfrency st::Jno::lros ::Ire met A h h :) The City sh::lll continlle to work with the Cle::lnv::lter Re::lch Ch::lmher of Commerce, Cle::lnv::lter Reeion::ll Ch::lmher of Commerce, ::Ino the TOllrist Development COlmcil to promote Cle::lnv::lter::ls ::I tOllfist oestin::ltion A...6..1 Olljective - Reoevelopment activities shall he sensitive to the city's waterfront ano promote appropriate pnhlic access to the city's waterfront resonrces (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) Policies A h 71 Encollf::lee the preserv::ltion ofrecre::ltion::ll ::Ino commerci::ll workine w::lterfronts ::Ino m::lrims ::Ino other w::lter-oepenoent f::lcilities (FAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) A h 7 7 Work with ::Ipplic::lnts to oiscollf::lee the rezonine ::Ino l::lno lIse ch::lnees of recre::ltioml ::Ino commerci::ll workine w::lterfronts. (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) A-27 2008 EAR Based Amendments Attachment number 3 Page 28 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se A...6...8... Ohjective - Identify those areas of the City that are appropriate for redevelopment as livahle communities and require that specific sustainahle elements he used in the redevelopment of these areas (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) Policies A h R 1 RlIilcl ::Ictive, ::Ittr::lctive commllnities th::lt ::Ire clesienecl ::It ::I hllm::ln sC::lle ::Incl encom::lee w::Ilkine, cycline ::Incl m::lss tr::lnsit (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) A h R ) Encom::lee mixecl-lIse clevelopment th::lt inclllcles ::I comhin::ltion of comp::ltihle l::lncl lIses h::lvine flmctioml interrel::ltionships ::Incl ::Iesthetic fe::ltmes (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) A h R :) Where ::Ippropri::lte, clevelopment sh::lll provicle ::I sense of vertic::ll enclosme on streets throlleh minim::ll front seth::lcks, simil::lr hllilcline heiehts, street trees ::Incl proportiomlity of hllilcline heiehts to street wiclths (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) A h R 4 Use n::ltive pl::lnts in l::lnclsc::lpecl ::Ire::lS, lIse xerisc::lpine wherever possihle ::Incl protect mtm::ll fe::ltmes of::l clevelopine site (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) A h R 'i Provicle e::lsy ::Iccess to resiclenti::ll, commerci::ll ::Incl recre::ltion::ll ::Ire::ls hy provicline clirect rolltes sllch ::IS tr::lils ::Incl contimlolls siclew::Ilks hetween clestin::ltions, in orcler to minimize potenti::ll conflicts hetween peclestri::lns ::Incl motor vehicles (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) A h R h Encom::lee the clevelopment ofinterconnectecl systems ofn::ltm::ll ::Ire::ls, p::lrks, siclew::Ilks, ereenw::IYs, tr::lils ::Incl open sp::lces (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) A h R 7 Cre::lte mixecl-lIse, hieher clensity ::Inclliv::lhle commllnities throlleh clesien ::Incl l::lyollt ne::lr existine tr::lnsit lines ::IS well ::IS proposecl TRA RT A lines ::Incl st::ltions A Iso SllppOrt w::Ilbhility concepts ne::lr projectecl TRA RT A st::ltions (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) A h R R.Desien ::Incl constmct peclestri::ln-orientecl streets to inclllcle contimlolls tree- linecl siclew::Ilks hllfferecl from tr::lffic hy on-street p::lrkine ::Incl/or l::lnclsc::lpine ::Incl th::lt inclllcle peclestri::ln ::Imenities sllch ::IS henches, tr::lsh recept::lcles, hlls A-28 2008 EAR Based Amendments Attachment number 3 Page 29 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se shelters ::I]](lliehtine (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) A h R 9 Promote ::I v::lriety of tr::lnsport::ltion choices sllch ::IS c::lr or v::In pooline, hicycles ::1]](1 m::lss tr::lnsit in oroer to oecre::lse oepenoence on the ::IlItomohile (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) A...6...2. Ohjective - Decrease ener~y consumption, use more renewahle ener~y and reduce the impact of the huilt environment on the natural environment (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) Policies A h 9 I PlIfSlle Green City Certific::ltion from the Florio::l Green RlIiloer's CO::Ilition (FGRe) (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) A h 9) SlIppOrt the constmction or renov::ltion ofhlliloines consistent with lTS Green RlIiloine COlmcil's (lTSGRe) T ,e::loership in Enerey ::Ino Environment::ll Desien (T ,EED) principles or the (FGRe) Florio::l Green RlIiloine CO::llition's Green T ,::Ino oevelopment ::Ino hlliloine st::lno::lros (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) A h 9:) Develop incentives for T ,EED- certifieo ::Ino FGRC-certifieo hlliloines (EAR Part V, changes to Florida Statutes and Administrative Rules and EAR Part III, Issues of Local Concern: Changes in Redevelopment) A.1. (iOAL - THR rTTV OF rLRARWATRR SHALL RNSTTRR THR RFFTrTRNT DRLTVRRV OF TTRRAN SRRVTrRS AND TTNTFTRD LAND TTSR AND PROPRRTV MATNTRNANrR STANDARDS, AS WRLL AS FOSTRR rOMMTTNTTV TDRNTTTV AND RRDTTrR SOTTRrRS OF RNVTRONMRNTAL rONTAMTNATTON THROTT(iH THR ANNRXATTON OF TTNTNrORPORATRD PROPRRTTRS WTTHTN THR rLRA RW A TRR PLA NNTN(i A RRA (EAR Part III, Issues of Local Concern: Changes in Land Area Issue) A..1.J. Ohjective Develop a strate~jc annexation pro~ram focused on eliminatin~ enclaves and other unincorporated areas within the nearwater Plannin~ Area (EAR Part III, Issues of Local Concern: Changes in Land Area Issue) Policies' A 7 I I Est::lhlish ::In interoep::lrtment::ll ::Innex::Ition committee to prioritize ::Ire::ls for ::Innex::Ition (EAR Part III, Issues of Local Concern: Changes in Land Area Issue) A-29 2008 EAR Based Amendments Attachment number 3 Page 30 of 31 lTo::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se A 7 1 7 When eV::llll::ltine ::1]](1 priontlzme ::Ire::ls to ::Inn ex, consicler::ltion sholllcl he eiven to the followine' Whether s::lnit::lry sewer service is cmrently ::Iv::lil::lhle' Whether the property cOlllcl he efficiently servecl with solicl w::lste service even tholleht s::lnit::lry sewer service is not re::lclily ::Iv::lil::lhle' Whether the property is loc::ltecl in ::In encl::lve' Whether the ::Innex::Ition wOlllcl ::Illevi::lte conflicts for Pllhlic s::lfety services' Whether property W::IS eiven hieh priority in the City's Sewer Rxpaminn Femihility Study completecl in 7007' Whether property ::Ilre::lcly receives s::lnit::lry sewer service' lmp::lct of ::Innex::ltion on City's t::lX h::lse ::Incl enterprise fimcls' Si ze of lInincorpor::ltecl ::Ire::l' ::Incl Extent of neiehhorhoocl cmrently loc::ltecl within the City hOlmcl::lries (EAR Part III, Issues of Local Concern: Changes in Land Area Issue) A 7 1 :) Invoke ::Iereements to ::Inn ex where properties loc::ltecl within encl::lves meet the contiellity reqllirements of Floricl::l St::ltlltes Ch::lpter 171 (EAR Part III, Issues of Local Concern: Changes in Land Area Issue) A 7 1 4 Explore with Pinell::ls COlmty the ::Innex::Ition of select encl::lves of 10 ::Icres or less hy interloc::ll ::Iereement pmsmnt to Floricl::l St::ltlltes Ch::lpter 171 (EAR Part III, Issues of Local Concern: Changes in Land Area Issue) A 7 1 'i Develop inform::ltioml m::lteri::lls ree::lrcline the costs of ::Innex::Ition ::Incl the services ::Incl ::Imenities offerecl hy the City of Cle::lrw::lter ::Incl clistrihllte to the Pllhlic vi::l the City's wehsite, open hOllses ::Incl other me::lns (EAR Part III, Issues of Local Concern: Changes in Land Area Issue) A 7 1 h Consicler conclllctine ::In opinion sllrvey of ::Iny ::Ire::l(s) heine consiclerecl for ::Innex::Ition to cletermine the fe::lsihility of conclllctine ::I referenclllm pmsll::lnt to Floricl::l St::ltlltes Ch::lpter 171 prior to initi::ltine ::In ::Innex::Ition ::Iction (EAR Part III, Issues of Local Concern: Changes in Land Area Issue) A..1..2 Ohjective Diversify and expand the City's tax hase throu~'" the annexation of a variety of land uses located within the Clearwater Plannin~ Area (EAR Part III, Issues of Local Concern: Changes in Land Area Issue) Policies A 77 1 Consicler utilizine the referenclum ::Innex::ltion provisions pmsu::lnt to Floricl::l St::ltlltes Ch::lpter 171 where there ::Ire no reeisterecl electors to ::Innex nonresiclenti::ll properties (EAR Part III, Issues of Local Concern: Changes in Land Area Issue) A..l2..2 Provicle for puhlic f::lcilities ::Incl/or improvements to eXlstme f::lcilities to ensme ::In ::Ippropri::lte st::lncl::lrcl is met for ::Ire::ls heine consiclerecl for ::Innex::ltion (EAR Part III, Issues of Local Concern: Changes in Land Area Issue) A- 30 2008 EAR Based Amendments Attachment number 3 Page 31 of 31 lTO::lls Ohjectives ::Inri Policies FlItllfe T ,::Inri T J se A 7 ) :) Continlle to process vohmt::lry ::Innex::Itions for sinele-f::lmily resiclenti::ll properties lIpon reqllest (EAR Part III, Issues of Local Concern: Changes in Land Area Issue) A 7 ) 4 Promote economic clevelopment proer::lms ::Incl ::Ictivities to hllsinesses within the lInincorpor::ltecl ::Ire::ls of the Cle::lrw::lter Pl::lnnine A re::l (EAR Part III, Issues of Local Concern: Changes in Land Area Issue) A 7 ) 'i Continlle to work with property owners ::Incl Pinell::1s COlmty to pennit clevelopment ::Ictivities in the COlmty prior to the effective cI::Ite of ::Innex::Ition proviclecl the proposecl clevelopment complies with the provisions of the City Cle::lrw::lter Development Cocle (EAR Part III, Issues of Local Concern: Changes in Land Area Issue) A - 31 2008 EAR Based Amendments Goals, Objectives and Policies Attachment number 4 Page 1 of 16 Transportation B. TRANSPORTATION ELEMENT INTRODUCTION Purpase This Transportation Element replaces the Traffic Circulation, Mass Transit and Ports and Aviation Elements that were part of the adopted City of Clearwater Comprehensi'!e Plan in 1999. The purpose of the Transportation Element is to plan for a multi-modal transportation system in Clearwater which includes public transit, bicycling, walking, air travel, rail facilities, vehicular traffic and parking facilities, establish intermodal connections and support the Future Land Use Element. The City of Clearviater is required ooder Chapter 163, Florida Statutes (FS), the "Local Government Comprehensi'/e Planning and Land Development Act" and the requirements of the Florida Department of Commooity Affairs (DCA) Rule 9J 5, Florida Administrative Code (FAC), to produce a Transportation Element because it is locat-ed 'Nithin the urbanized area of the Pinellas County Metropolitan Planning Organization. The City af Clearwater shall pravide required analysis in accardance with Chapter 163, F.S. and 9J S.tH9 F.f-..C. by Octaber 1,2000. (Editorial) B-1 2008 EAR Based Amendments Goals, Objectives and Policies Attachment number 4 Page 2 of 16 Transportation Transportation Needs Summary The following summarizes Clearwater's transportation needs the Transportation Element: (Editorial). Traffic Circulation . Multi -modal transportation improvements to Clearwater Beach should continue to be planned and/or utilized to alleviate traffic congestion and parking demands on the Memorial Causeway and the beach. their great-est extent possible, including replacement of the Memorial Cause'liay ~. (Editorial). . Access management to improve traffic flow will continue to be an important issue in development reviews, with particular emphasis on congested links. . The traffic concurrency system will continue to monitor vehicle trips on the roadway system. . Belleair Road (CR462) and Clearwater Memorial Causeway (SR60) Many roads in the City are physically and/or environmentally constrained and will continue to operate below the acceptable levels-of-service. (Editorial). . The City will continue to work with Florida Department of Transportation (FDOT). the Metropolitan Planning Organization (MPO). Tampa Bay Area Regional Transportation Authority (TBARTA). Pinellas Suncoast Transit Authority (PSTA) and other '/arious agencies to promote transportation alternatives and demand management. (Editorial). . Recent and proposed FDOT improvements including new overpasses, frontage roads, and limited access to u.s. 19 are alleviating currently is any prior ffleF capacity issues that were due to both local traffic from adjacent development and regional int-crcity movement, the control of which was is-beyond Clearwater's jurisdiction. (Editorial). Mass Transit . Mass transit service is provided by the system of buses operated by the Pinellas Suncoast Transit Authority (PSTA P.STA. ). All arterial and collector streets in the City are now served by PSTA. Only four (1) areas of the City are outside a service radius of t'.','o thousand (2,000) feet of fix-ed routes. Three (3) of these unserved areas are Countryside/Landmark Drive, Island Estat-es, and Del Oro Gro'/es; the fourth is the south portion of Sand Key. No unserved areas have concentrations of 10'll income or elderly people. (Editorial to reflect current situation) . Fixed route service is generally adequate to provide service to low income and areas of elderly concentration. Elderly and handicapped transportation is supplemented by dial-a-ride service. . Mass transit service is operated by a countywide agency subsidized by State and Federal funds and Ad Valorem taxes. . Mass transit provisions should be included in future road expansions to allow for more efficient commuter patterns. . The City will continue to work with the PSTA. MPO, TBARTA. and other agencies to promote the use of mass transit with the PSTA, MPO and others, and address needs as identified in the long range mass transit plans. (Editorial) B-2 2008 EAR Based Amendments Goals, Objectives and Policies Attachment number 4 Page 3 of 16 Transportation Aviation . Clearwater Airpark is a general aviation airport with no control tower, it has a three thousand (3,000) foot runway, and it is the home base for over one hundred aircraft. It has no Stat-e or Federal funding for improvements, and is under local control with restricted hours of operation and limitations on the types of operations that may be conducted. (Update as per the City's Marine and Aviation Operations Manager at the 06-11-08 CAC meeting - the City does not get Federal funds, however, the City gets State funds). . Most of Clearwater's aviation needs are will be satisfied by use of the passenger and freight facilities at Tampa International Airport and at St. Petersburg/Clearwater Airport; private aircraft needs can also be accommodated at St. Petersburg/Clearwater Airport. . Current and predicted off-site environmental impacts are not anticipated to be a source of incompatibility based on Federal Aviation Administration's (F.A.A.) official land use guidance. . An updated Airport Master Plan was ~ developed in 2002 to identify improvements necessary to maintain and enhance airport operations. Updates to the Airport Master Plan are planned to be made by 2010 to include the current size of the property and planned facilities. (EAR Part IV). B-3 2008 EAR Based Amendments Goals, Objectives and Policies Attachment number 4 Page 4 of 16 Transportation GOALS, OBJECTIVES, AND POLICIES TRAFFIC CIRCULATION B.l +. GOAL - THE TRAFFIC CIRCULATION SYSTEM SHALL PROVIDE FOR THE SAFE, CONVENIENT AND EFFICIENT DELIVERY OF PEOPLE AND GOODS BY A MUL TIMODAL TRANSPORTATION SYSTEM. B.1.l +d Objective - Every expansion or extension of arterial and collector streets shall be constructed consistent with Florida Department of Transportation engineering standards where passible. Future improvements to arterial and collector streets shall include, where possible, enhanced desi2:n to accommodate bicycle/pedestrian traffic. These include accaffiffiadatians far bicycles in a faurteen (H) faat wide curb lane, ar 11 12 faat wide curb lane with 4' wide designated bike lane where passible~ and the pravisian af sidewalks an bath sides af the raad. (EAR Part III, Issues of Local Concern: Community Character and Livable Neighborhoods and Part IV). Policies B.l.l.l +.-hl The City shall continue to administer access management and right-of-way requirements through the Community Development Code. (EAR Part V). B.l.l.2 The City will promote programs that ensure physical safety of non-motorized transportation users in accordance with the City's Shifrin:;!. Gears: Bicycle and Pedestrian Master Plan. (EAR Part II, Statutory Issues: Changes in Location of Development and Part III, Issues of Local Concern: Changes in Redevelopment) B.1.2 H Objective - Traffic signals along arterials and collectors in the City and adjacent to the City will be operated by a central computer system. Policies B.l.2.! ~ Clearwater shall work with Pinellas County and engineering consultants to continue the implementation of the computerized traffic signal system, The Intelli:;!.ent Transportation System (ITS) Master Plan, covering all of Clearwater and adjacent areas. (Editorial). B.l.2.2 ~ The City shall continue to monitor the effectiveness of the Intelligent Transportation System (ITS), the City's implemented computerized traffic signal system 'Nithin one (1) year aft-er implementation of the comput-erized traffic signal system, Levels of Service of the highviay system shall be re evaluat-ed. (EAR Part IV). B.l.2.3 +-::bJ The City shall monitor accident totals for all major intersections in the City. Intersections with the worst accident rates should be established as priorities for improvements when possible. B-4 2008 EAR Based Amendments Goals, Objectives and Policies Attachment number 4 Page 5 of 16 Transportation B.1.3 +;J Objective - The City will continue to monitor traffic counts, accidents, and road improvements, to provide timely status evaluation of b!evel of S ~ervice conditions for issuance of development approvals. Policies B.1.3.l ~ Requests for amendment to the Future Land Use Map will have an analysis of traffic impacts by the City. (Editorial) B.1.3.2 ~ The City's Traffic Concurrency Management System will continue to monitor roadways' level-of-service (LOS) consistent with set forth specific procedures and requirements in the Community Development Code, to issue and track certificates of concurrency/capacity, along with required the submittal of a-traffic impact studies y and mitigation strategies for any development which may degrade the acceptable level of service of an affected transportation facility, and required documentation of the 110% de minimis transportation impact threshold as per 163.3180, F.S. (EAR Part II, Statutory Issues: Changes in Location of Development; Part III, Issues of Local Concern: Changes in Redevelopment) B.1.3.3 The concurrency management system will be enhanced through improved departmental coordination and the proactive identification and resolution of level of service concerns. (EAR Part II, Statutory Issues: Changes in Location of Development). B.1.4 +A Objective - The City shall specifically consider the existing and planned LOS bevel- af Service on the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. Policies B.1.4.l +4-l The City shall continue to review trips generated by development projects through the Traffic Concurrency Management Program. B.I.4.2 ~ For those roads which are not currently operating at an acceptable LOS Level of Service, or which do not have programmed improvements to upgrade service to an acceptable level, the concurrency management system shall be used to monitor traffic growth, with the dual intent of maintaining average operating speeds and restricting the aggregate and individual trips generated by development in the City limits. B.I.4.3 +A-,J The concurrency management system shall address thresholds in applying the standards for determining concurrency, and shall consider mitigation of impacts and alternative means to maintain acceptable traffic flows as alternatives to denying a development permit. B-5 2008 EAR Based Amendments Goals, Objectives and Policies Attachment number 4 Page 6 of 16 Transportation B.1.4.4 The City shall explore transportation concurrency alternatives, such as Multimodal Transportation Districts (MMTD's), for downtown, Clearwater Beach and/or other potential redevelopment areas or activity centers, to incorporate community design features that reduce vehicular usage while supporting an integrated multimodal transportation system. (EAR Part II, Statutory Issues: Concurrency Management and Changes in Location of Development; Part III, Issues of Local Concern: Changes in Redevelopment; and Part 11 B.1.4.5 If an alternative to transportation concurrency is being considered for a designated redevelopment and/or revitalization area that requires approval by the State, it shall be coordinated with the FDOT and the Department of Community Affairs (DCA) to assess impacts on US 19. (EAR Part II, Statutory Issues: Concurrency Management and Changes in Location of Development; Part V; and Part III, Issues of Local Concern: Changes in Redevelopment) B.l.4.6 When a development results in traffic generation volumes causing a degradation of service below D in the pm peak hour, the City shall require transportation facilities to be in place or under actual construction within 3 years after issuance of a building permit, in accordance with the City's Proportionate Fair Share Program. (EAR Part II, Statutory Issues Assessment: Concurrency Management; EAR Part III, Issues of Local Concern: Changes in Redevelopment; EAR Part V, Changes in Florida Statutes) B.1.4.7 The City shall cooperate with the MPO to ensure consistency between comprehensive plan amendments and the Pinellas MPO Long Range Transportation Plan (LRTP) 2025. (EAR Part II, Statutory Issues: Concurrency Management and Changes in Location of Development and Part III, Issues of Local Concern: Changes in Redevelopment) B.1.5 ~ Objective - All County and State roadways in Clearwater, except those identified as backlogged or constrained by the Pinellas County MPO, shall operate at level C average daily/D peak hour. Policies B.1.5.l ~ Acceptable peak-hour Levels-of-Service for arterial and collector streets as listed in the MPO's current "Level-of-Service Inventory Report" are the desired minimum levels. B.1.5.2 ~ The City shall provide the MPO with available up-to-date traffic data, such as signal timings and traffic counts to assist with level-of-service monitoring and development ofthe MPO's Long Range Transportation Plan. B.1.5.3 ~ Due to unique conditions of the natural and built environments, and/or seasonal traffic demand, Belleair Road and Clearwater Memorial Causeway,......-aBEl GulfyieYi/Coronado shall be considered environmentally constrained facilities. (EAR Part IV; the data and analysis includes a table of constrained facilities in B-6 2008 EAR Based Amendments Goals, Objectives and Policies Attachment number 4 Page 7 of 16 Transportation the City prepared by the City's Transportation Manager using current Pine lias County MPO data). B.1.5.4 The City shall ensure that comprehensive plan amendments are consistent with the Florida Department of Transportation's (FDOT) statewide minimum levels of service standards for roadway facilities. (EAR Part II, Statutory Issues: Concurrency Management; Part III, Issues of Local Concern: Changes in Redevelopment) B.1.5.5 The City shall participate with the MPO and/or its Technical Coordinating Committee (TCC) to ensure that the level of service standard for US Highway 19 (SIS) will be consistent with FDOT's LOS designation of D for this road. (EAR Part 11. B.1.5.6 Recognize the LOS standard ofC average daily/D peak hour and volume/capacity ratio of 0.9 on roads under county iurisdiction, in accordance with the MPO's countywide concurrency management standards. (New policy as recommended by Pinellas County Planning Department stafJ). B.1.6 +.a Objective - The City shall monitor seasonal traffic on Clearwater Beach and explore methods to address any issues identified. Policies B.1.6.l +4-l The City shall evaluate the feasibility of traffic improvements on Clearwater Beach, as well as investigate funding sources for such improvements. B.1.7 Obiective - The natural, recreational, scenic, historic, and cultural resources of the Courtney Campbell Causeway shall be preserved and enhanced for the City of Clearwater residents. (EAR Part 11 Policies B.1.7.l The City shall support the mission and goals, obiectives and strategies of the Courtney Campbell Causeway Florida Scenic Highway designation as approved by the City Council on July 15, 2004 for the causeway located between McMullen Booth Road and Veteran's Highway as shown on Citywide Design Structure Map A-14 in the Future Land Use Element. (EAR Part 11 B.1. 7.2 The City shall support efforts to retain the current physical cross sectional character of the causeway reminiscent of its historic origin. (EAR Part 11 B.1. 7.3 The City shall participate in efforts to maintain the natural environment by supporting a coastal-style, native Florida landscape and promoting community partnerships to control litter on the causeway. (EAR Part 11 B.1. 7.4 The City shall support FDOT's pedestrian, bicycle and transportation initiatives for the causeway including safety enhancements. (EAR Part 11 B-7 2008 EAR Based Amendments Goals, Objectives and Policies Attachment number 4 Page 8 of 16 Transportation B.1.7.5 The City shall continue to participate with the Corridor Management Entity (CME) as an ongoing and effective sponsor and advocate for the Scenic Highway designation process and implementation of improvements. (EAR Part J;) B.1. 7.6 The City shall continue to cooperate with intergovernmental coordination efforts as one of the four governmental entities that include City of Clearwater, Pinellas County, City of Tampa and Hillsborough County. (EAR Part J;) B.1.7.7 The City shall participate in the education program efforts for promoting the location and features of the causeway. (EAR Part J;) B.1.7.8 The City shall participate in the maintenance and enhancements of the recreational opportunities along the causeway and in establishing the Causeway as a tourist point of interest. (EAR Part J;) B.1.7.9 The City shall cooperate with FDOT's enhancement efforts to improve the visual appearance of the causeway. (EAR Part J;) B.2. 8. GOAL - THE RESOURCES OF ALL RESPONSIBLE JURISDICTIONS SHALL BE DIRECTED TOWARD IMPROVEMENT OF ROAD LINKS TO DESIRED LEVEL OF SERVICE STANDARDS. B.2.! 8d Objective - Roadway improvements to obtain desired Levels of Service must be included in State, County, and City capital budgets. The City shall actively participate, on a continuing basis, with both the staff and elected official support, in the preparation, adoption and implementation of transportation plans and expenditure programs ofthe M.P.O., P.S.T.A., Board of County Commissioners, and the F.D.O.T. Policies B.2.1.1 &:+-l The City shall review and comment on the proposed capital improvement programs and provide input to the adopting agencies relative to consistency with Clearwater's Comprehensive Plan. B.2.2 ~ Objective - Proposed developments accessing back logged roadways operating at ! LOS lower than E lawer than LOS "E" eanditians, shall be subject to additional service enhancement proposals, which may include ride-sharing, access control, signal optimization, transit accessibility, and staggered work hours, to maintain and improve the roadways' average peak hour operating speeds at the time of plan adoption: (Editorial) A) Site design shall provide a stacking lane or lanes to permit vehicles to wait on- site and enter the traffic flow when gaps occur. B-8 2008 EAR Based Amendments Goals, Objectives and Policies Attachment number 4 Page 9 of 16 Transportation B) Site design shall provide a deceleration lane or lanes to enter the site without impeding the traffic flow. C) No new traffic signals that will reduce peak hour travel speeds will be permitted, unless a high accident rate exists. D) New or revised median openings will only be permitted where they do not impede free flow of traffic. E) Additional service enhancements, as appropriate. Policies B.2.2.1 ~ The City shall require as a condition of permit approval, new development and redevelopment projects adjacent to .g~tate roads to obtain FDOT permits as required. B.2.2.2 ~ Access points to collector and arterial streets from all development should be limited to one (1) major access point or curb cut along each roadway frontage; additional access and egress points may be granted for unusually large parcels, based on site characteristics or as considered appropriate by the Traffic Engineer and approving agencies, to provide for safe and efficient site-related traffic movements on adjacent street. B.2.2.3 ~ As a condition of site plan or subdivision plat approval for development or redevelopment, the access or egress points, or approved cross access easements to major collector or arterial streets may be relocated, restricted or otherwise controlled to facilitate traffic flow along the adjacent thoroughfare. (EAR Part IV). B.2.2.4 &.:M B.2.3 8.J Objective - The City of Clearwater shall annually update the City's Transportation Improvement Program to include projects that increase the capacity of roadways, and provide input in the update of the Metropolitan Planning Organization's (MPO) Transportation Improvement Program (TIP) involving County and State roads. The following transportation improvement projects that will enhance road capacity ~ Me scheduled for construction within City, County and State work programs for FY201112012 FY99 05: B-9 2008 EAR Based Amendments Goals, Objectives and Policies Attachment number 4 Page 10 of 16 Transportation Raad Se1::ment . Druid Raad at ,A.rcturas Summary: Add turn lane on Druid R{)ad Jurisdictian City . Keene Raad Druid ta Sunset Paint Raad Summary: Construct 6 lane divided roadway (Druid to Dre'.v) Construct 1 lane divided roa(hvay (Drevi to Sunset Point) Caunty . Sunset Point Road US 19A to Keene Road Summary: Construct to a 2 lane divided urban arterial roadway County . Highland ,A. venue Druid ta City Limits Caunty Summary: R-econstruct from 2 lane roadway to a 2 lane divided roadway . SR 590 (Drew St.) N. Highland .A.ve ta NE Caachman Rd. State Summary: R-econstruct 1 lane di':ided . SR 55 (US 19) at Caachman and Sunset Paint Raads State Summary: Add lanes and reconstruct NE Coachman and Sunset Point interchanges . US 19 at Drew Street Summary: Interchange (maj or) State . SR 60 at Memarial Causeway State Summary: Replace medium le':el bridge and construct bridge (EAR Part IV; as per the City's Transportation Operations Manager/Chair for the MPO 's TTC; editorial) Policies B.2.3.1 8.3.1 Road improvements which are currently programmed for construction should be continued in the Capital Improvement Element of the jurisdiction having operational responsibility for those roads. B.2.3.2 When designing roadway improvements, the City will consider incorporating pedestrian and bicycle facilities if physically and financially feasible. (EAR Part II, Statutory Issues: Changes in Location of Development and Part III, Issues of Local Concern: Changes in Redevelopment and Community Character and Livable Neighborhoods) B.2.4 SA Objective - The City shall actively encourage the expenditure of funds by the Florida Department of Transportation and the Board of County Commissioners to alleviate the most severe congestion problems in support of desired -b-Levels of S ~ervice. B-lO 2008 EAR Based Amendments Goals, Objectives and Policies Attachment number 4 Page 11 of 16 Transportation Policies B.2.4.1 8.4.1 The City shall direct its input on the Metropolitan Planning Organization to further the alleviation of the most severe congestion problems before less severe problems are programmed for improvement. B.2.S ~ Objective - The City shall direct its own expenditures toward alleviating its most severe congestion problems, providing continuity in roadway lane arrangements, and providing for economic development and redevelopment needs. Policies B.2.5.1 ~ The City shall incorporate the recommendations of Preliminary Design and Engineering Studies, as accepted by the Florida Department of Transportation, into the Clearwater Transportation Traffic Circulation Element, as these findings affect future alignments and lane arrangements of State highways. (Editorial). B.2.5.2 ~ The City's mission, vision and/or initiatives will continue to include transportation improvements as articulated in the annual budget document ~ City, One Future" plans shall incorporate transportation improvements. (EAR Part IV) B.2.6 s.a Objective - The City shall preserve and protect existing and future transportation corridors by administering Article 3 of the Land Development Code, Division 9, General Applicability Standards which incorporate FDOT's Stand Specifications and Roadway and Traffic and Design Standards and Clearwater's Subdivision Ordinance identify building setbacks to protect rights-of-way in accordance with the Pinellas County Future Rights-of-Way map. Policies B.2.6.1 &.4:-l The City shall protect eXlstmg and future transportation corridors by implementing the requirements of the subdivision ordinance, including mandatory dedication of rights-of-way, where required, as a condition of plat approval. B.2.6.2 ~ The City shall require developer dedication of rights-of-way for all new development or redevelopment projects in the City where necessary. B.2.6.3 &4-J The City shall review all site plans and subdivision plats with consideration of future right-of-way needs, and shall require the preservation and advance acquisition of right-of-way prior to or concurrent with land development to the maximum extent feasible. B-ll 2008 EAR Based Amendments Goals, Objectives and Policies Attachment number 4 Page 12 of 16 Transportation MASS TRANSIT B.3 9. GOAL - THE CITY SHALL SUPPORT THE EFFORTS OF MASS TRANSIT SERVICE OPERA TORS TO PROVIDE GENERALIZED AND SPECIAL MASS TRANSIT SERVICES. B.3.1 9d Objective - Existing and future major trip generators should be provided with fixed route or para transit service when possible Policies B.3.1.1 9-:-hl Clearwater supports adequate funding for the Pinellas Suncoast Transit Authority (P7S7T7A7) to provide fixed route and demand-responsive transit service to increase the mobility of the transit service population. B.3.2 ~ Objective - The City of Clearwater shall encourage and promote mass transit with appropriate land use, zoning and land development policies. Policies B.3.2.l ~ Clearwater shall allow the establishment of park-and-ride lots, and smaller outlying transit terminals where appropriate, to support the operation of the main P.STA. terminal in downtown. B.3.2.2 Clearwater shall coordinate planning efforts, where applicable, for future high- speed rail in Hillsborough and Pinellas Counties. (EAR Part V) B.4 l{). GOAL - THE CITY SHALL CONTINUE TO ACTIVELY SUPPORT AND PARTICIPATE IN PSTA P.S.T.f-.. , THE DIRECT PRIMARY TRANSIT SERVICE PROVIDER IN THE CITY OF CLEARWATER (Editorial). B.4.1 .wd Objective - The City shall require that large scale developments (greater than fifty [50] units) of housing specifically proposed to serve elderly, handicapped or low income populations either locate within one thousand (1,000) tW9 tl19Hsand (2,000) feet of an existing bus route; if service is not presently available the PSTA P.S.T.f-.. shall be petitioned to provide service. (City Traffic Operations) Policies B.4.1.1 -W:-l-:-l Whenever possible, community serving facilities and public offices should be located within on one thousand (1,000) feet of an existing bus route. (Editorial) B.4.1.2 10.1.2 The City adopts one thousand (1,000) two thousand (2,000) feet as the desired level of S~ervice standard for transit service to be applied as the minimum for all maj or generators and attractors or for all census tracts with a concentration of B-12 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 4 Page 13 of 16 Transportation elderly, handicapped, low income or non-automobile owning households. (City Traffic Operations) BA.2 ~ Objective - Clearwater shall participate with the MPO in coordinatin2: the plannin2: and implementation of the Pinellas Mobility Initiative and the Pinellas Guideway which is intended to connect the beach and the downtown amend the Transpartatian Element ta include pratectian strategies far mass transit rights af way and exclusive transit carridars at the time the Majar Investment Study is camplete and the Caunty makes a decisian ta implement the Cuideway system~ (EAR Part IV) Policies B.4.2.l ~ The City shall ensure that the proposed guideway corridors planned by the Pinellas Mobility Initiative and the Pinellas Guideway (as designated on the Long Range Transportation Plan Map) are protected from encroachment, where possible. (EAR Part IV) B.4.2.2 ~ Acquisition of future mass transit corridors and exclusive right-of-way should be considered eligible expenditures for use of transportation impact fees and for right-of-way F-at time of site plan or plat approval, once the corridors have been included in adopted corridor and right-of-way designation maps. B.4.2.3 ~ Due to the constraints of development and available land, mass transit service shall be urged to provide recreation and commuter employee access to Clearwater Beach and Sand Key. B.4.2.4 -l-Q.,M The existing beach trolley system is encouraged to continue operations to reduce automobile trips shall be retained and enhanced to allow for non automobile circulation on Clearwater Beach. (Editorial for this privately owned trolley company). BA.3 .w.J Objective - The City, in coordination with PSTA P.S.T.f-.., shall continue to develop model designs for transit shelters and benches to be integrated into new and existing development. (Editorial) Policies B.4.3.l ~ Developers shall be encouraged to incorporate model transit stops with new development where appropriate. B.4.3.2 Where appropriate, the City shall support the placement and/or improvements of the local transit service terminal in the downtown. (EAR Part III, Issues of Local Concern Changes in Redevelopment). BAA .wA Objective - The City shall participate and cooperate with agencies and committees to promote the use of mass transit. B-13 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 4 Page 14 of 16 Transportation Policies BAA.l .wA-:-l Clearwater shall coordinate with PSTA and the MPO in the continued adoption of the Five-Year Transit Development Program to address transit needs consistent with adopted level-of-service policies and transit planning guidelines. BAA.2 ~ Clearwater will cooperate with PSTA and the MPO to improve the transit system to coincide with the improvements detailed in the year 2010 and 2015 Long Range Mass Transit Plans. BAA.3 -l-Q.4..,J The City shall continue to partIcIpate on the board of PSTA and by other appropriate intergovernmental coordination mechanisms to assist the Pine lias County MPO and the PSTA implementing the countywide mass transit plan. BAAA As initiatives are proposed to be adopted by the MPO, PSTA. FDOT and/or TBARTA. the City shall support transportation/commuter alternatives where appropriate. (EAR Part II, Statutory Issues: Changes in Location of Development and Part III, Issues of Local Concern: Changes in Redevelopment) BAA.5 The City will coordinate with TBARTA on locating routes and feeder lines as well as locations for park and ride lots. (Update to address the new organization TBARTA that was created by the State Legislature on July 1, 2007) AIRPORT B.5 l-l. GOAL - CLEARWATER EXECUTIVE AIRPARK SHALL CONTINUE TO SERVE THE AIRCRAFT OWNERS AND THE COMPATIBLE WITH NEARBY GENERAL AVIATION DEMAND OF LOCAL BUSINESS COMMUNITY IN A MANNER RESIDENTIAL USES. (Updated text). B.5.1 !t-d Objective - f-. revised airpart master plan shall be campleted by 2000 ta guide impravements necessary ta maintain existing capacity and safety. The 2002 Airport Master Plan shall be updated by 2010 and the City shall ensure compliance with current safety standards and land use re2:ulations. (EAR Part II, Statutory Issues: Concurrency Management and Issues of Local Concern: Changes in Redevelopment; updates as per Marine and Airpark Operations Manager) Policies B.5.1.1 +l-:-l-:-l The City shall explore federal, state and county funding sources to supplement City expenditures for airport improvements. B.5.1.2 B-14 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 4 Page 15 of 16 Transportation ~ Operation and expansion of activities at the airpark shall be consistent with community land use and economic development objectives, with aviation related industrial use being the preferred function for any surplus airport land. B.5.1.3 -l-l-:-l-:-J The City shall program adequate resources from facility users, enterprise funds, and grants to maintain aviation facilities. B.5.2 ~ Objective - Expansion of the facilities at Clearwater Airpark and construction of new facilities shall be coordinated with Future Land Use and Conservation Elements of the Comprehensive Plan. Policies B.5.2.l ~ Redevelopment and improvement of facilities at Clearwater Airpark shall insure that nearby residential developments are buffered from additional impacts of aviation activities. B.5.2.2 ~ The City shall maintain operating policies to forbid touch-and-go landings, banner towing, glider, and model aircraft operations. B.6 1-2. GOAL - CLEARWATER EXECUTIVE AIRPARK WILL CONTINUE TO BE A VIABLE VISUAL FLIGHT RULES (VFR)/GENERAL AVIATION FACILITY, COMPLEMENTARY TO THE INSTRUMENT FLIGHT RULES (IFR) FACILITIES AT ST. PETERSBURG/CLEARWATER INTERNATIONAL AND TAMPA INTERNATIONAL AIRPORTS AND WILL BE FURTHER ADDRESSED IN THE DEVELOPMENT OF AN UPDATED AIRPORT MASTER PLAN BY 2010--2000. (Master Plan was updated in 2002 and will be updated again in 2010; and editorial). B.6.1 m Objective -The City will identify airport improvements that are necessary to maintaining existing operations through an updated airport master plan. Policies B.6.1.1 ~ The current Airport Master Plan shall be updated by 2010 ~ to reflect airport capital needs. (Master Plan was updated in 2002 and will be updated again in 2010). B.6.1.2 ~ The City will continue to maintain existing aviation facilities, including all infrastructure, safety fencing, taxiways, pavement marking, aprons and other operational facilities. B.7 lJ... GOAL - THE CONSTRUCTION, LAYOUT, AND OPERATION OF THE AIRPARK SHALL RECOGNIZE ENVIRONMENTAL AND RESOURCE CONSERVATION CONSTRAINTS AND IMP ACTS, BOTH ON AND OFF SITE. B.7.1 m Objective - The fuel farm shall be maintained consistent with current State requirements. B-15 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 4 Page 16 of 16 Transportation Policy B.7.1.1 -l-J.:..h.l. Ultimate development of fuel facilities shall include access to the road network, proximity to the terminal, direct aircraft access, and full compliance with State and Federal environmental requirements. B.7.2 ~ Objective - Airpark expansion shall specifically protect the City's existing potable water well that is located on the airpark site. Policies B.7.2.l ~ The existing monitor wells will continue to be maintained. B.7.2.2 ~ The Airpark shall continue to be operated with land ownership and management review retained by the City. The City shall approve all leases and planned facility improvements. B.8 t4. GOAL - INTERGOVERNMENTAL COORDINATION SHALL ENSURE SAFE, COST-EFFECTIVE AND RESOURCE-EFFICIENT OPERATION OF THE CLEARWATER AIRPARK. B.8.1 .J4.d. Objective - The airport shall continue to coordinate operational and expanSIOn activities with all appropriate agencies and City departments. Policies B.8.1.1 -l4-l-:-l The City shall carry out all day-to-day airport operations and long-term development in a manner that will minimize any detrimental effects on the environment, through compliance with the permitting requirements of all applicable permitting agencies, including the monitoring of air, noise and water quality if necessary. B.8.1.2 ~ Any revisions to the airport development plans shall be reviewed against the City's Comprehensive Plan to ensure consistency. B.8.1.3 ~ The City will review and update, as needed, all airport horizontal, clear and obstruction zone maps for penetration of these zones due to natural or man-made occurrences to ensure safe operating conditions. 15. COf-.L CLEf-.RWf-.TER SHf-.LL CONSOLIDf-.TE f-.LL TRf-.NSPORTf-.TION RELf-.TED ELEMENTS f-.ND f-.Nf-.LYSIS INTO f-. MULTIMODf-.L TRA.NSPORTf-.TION ELEMENT. 15.1 By Oct-ober 1, 2000, the City shall consolidate all transportation related clements into a multimodal transportation element with the necessary analysis and re'/isions in accordance with Chapter 163, F.S. and 9J 5.019 F.A.C. (EAR Part IV) B-16 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 5 Page 1 of 11 Housing C. HOUSING ELEMENT Introduction The purpose of the Housing Element is to provide guidance to the City to develop appropriate plans and polices to meet identified or projected deficits in the supply of housing for the different economic sectors and needs in the community. The intent is to address the City's activities as well as to provide direction and assistance to the efforts ofthe private sector. The housing element consists of standards, plans, and principles to be followed in: . The provision of housing for all current and anticipated future residents ofthe city, . The elimination of substandard dwelling conditions, . The structural and aesthetic improvement of existing housing, . The provision of adequate sites for future housing, including affordable housing, group home facilities, residential shelters, foster care facilities, transitional and permanent supportive housing, . The provision for relocation of housing and identification of historically significant and other housing for purposes of conservation, rehabilitation, or replacement, . The formulation of housing implementation programs, and . A plan for ensuring affordable workforce housing that would, at a minimum, identify adequate sites for such housing. (EAR, Part III, Issue of Local Concern: Housing) Housing Needs Summary The following summarizes the Housing Element: . The mix of housing types is proportional with is fairly c'lcnly di'/idcd bctwccn single-family at 45% and multi-family homes at 48% of existing housing stock, with much of the growth attributed to multi-family housing. Mobile homes account for approximately 1&% of the total housing units in the City. City policies with regard to zoning and development will need to continue to recognize this housing mix. (EAR, Part III, Issue of Local Concern: Housing) . The increase in the cost of new single-family homes has risen dramatically faster than the sale price of existing single-family homes. To maintain affordable housing, rehabilitation and neighborhood preservation is to be preferred over demolition and redevelopment of existing neighborhoods. . Close to 40 percent of renters of "renter occupied housing units" pay more than sixty percent of household income for housing. ',\Thilc thc mcdian cost of housing was less than thirty pcrccnt (30%) of incomc across thc board for owncr occupicd houscholds; thc mcdian cost was forty five percent (15%) of income for 10'lier income renters. Accordingly, there continues to be a need for affordable housing for very low, low, and moderate-income households. (2000 Census) . Although the number of housing units lacking complete plumbing, kitchen facilities or heating equipment is relatively small (less than 0.5%) and was has been declining prior to 1990, it--H; incidental to rental housing. the 2000 Census showed an increase from 85 to 169 units over 1990 figures. This data needs to be confirmed by the 2010 Census in order to be validated. Close cooperation with the Census Bureau to ensure an accurate count in the 2010 Census is critical. Meanwhile, ~Gontinued code enforcement to reduce these conditions further should be supported. C-l 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 5 Page 2 of 11 Housing . Clearwater's Community Development Code provides for group homes and group care facilities and rcquircs a minimum scparation rcquircmcnt of 1,000 fect bctwccn such uscs. Certain types of facilities, such as child or spouse abuse centers require increased confidentiality and require additional coordination by the police department and the Department of Health and Rehabilitative Services. (Editorial) . The population of the City of Clearwater is expected to grow to 121,352 112,g30 permanent residents by the year 2020 Wl-Q.., To accommodate permanent and seasonal residents and maintain a healthy vacancy rate, approximately 4,460 ~ new housing units will be needed. (EAR, Part II, Population Forecast Analysis: Updated Population Forecasts; EAR, Part III, Issue of Local Concern: Housing) . Large, vacant parcels of land are scarce in Clearwater. Because of this, infill development of small vacant lots and under-utilized parcels will be necessary, and should be encouraged, to provide for new households. . Impact fees significantly affect the cost of new housing. Methods of balancing the objectives of affordable housing and adequate infrastructure need to be explored. . Clearwater will continue, as it has in the past, to promote and support fair housing practices. . While local data is unavailable for the specific number of homeless in Clearwater, a County-wide survey conducted by the Pinellas County Coalition for the Homeless in 2007, identified a total of 5,195 homeless men, women and children in Pinellas County. The City is a member of the Coalition as well as the Pinellas County Homeless Policy Group. (EAR, Part III, Issue of Local Concern: Housing) C-2 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 5 Page 3 of 11 Housing GOALS, OBJECTIVES, AND POLICIES C.l M... GOAL - AN AFFORDABLE VARIETY OF STANDARD HOUSING UNITS IN DECENT AND SAFE NEIGHBORHOODS TO MEET THE NEEDS OF CURRENT AND FUTURE RESIDENTS REGARDLESS OF RACE, NA TIONALITY, AGE, MARITAL STATUS, HANDICAP, OR RELIGION. C.l.l Md Objective for Adequate Housing - Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Policies c.1.1.1 +6:-l-:-l Maintain sufficient residentially zoned acreage, of varying densities and locations, to accommodate the existing and future housing needs of the City of Clearwater. C. 1. 1.2 ~ Residential Infill Projects, as defined in the Community Development Code, shall be utilized in order to accommodate innovative project designs, which provide for a mix of dwelling types at varying costs. Opportunities and conditions for the provision of accessory dwelling units shall be encouraged for inclusion within infill development and redevelopment proiects. (EAR, Part III, Issue of Local Concern: Housing)) C. 1. 1.3 ~ Through application of the Concurrency Management Section of the Community Development Code, the City of Clearwater shall assure sufficient utility capacity to accommodate an adequate supply of housing. C. 1. 1.4 -l4:-l-4 The City shall encourage the involvement of private sector financial institutions in recognizing and meeting the community's housing needs. C. 1. 1.5 M:-l-:5 The City of Clearwater shall continue to provide information, incentives, and technical assistance to the private sector in order to achieve housing production that meets the needs of very low, low, and moderate, and middle incomc households. (Editorial) C. 1. 1.6 +6:-l-:-6 The City shall further fair housing goals so that a variety of housing choices are available to households without regard to religion, handicap, age, or race, nation origin, or marital status. c.1.1. 7 The City shall further the goal of providing a variety of housing choices by encouraging land assembly where possible, through such things as density bonuses, height increases, and setback reductions. (EAR, Part III, Issue of Local Concern: Housing) C.1.1.8 Promote accessory dwelling units (ADD's), wherever they can be accommodated by adequate lot area. (EAR, Part III, Issue of Local Concern: Housing) C-3 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 5 Page 4 of 11 Housing C.l.2 ~ Objective for Affordable Housing - The City of Clearwater shall continue to provide assistance and incentives for the development of housing that is affordable to y-Very lbow, lbow, and mModerate ilncome households, including those with special needs, consistent with the level of growth in these income categories. (Editorial) Policies C.1.2.1 +6:H Continue to utilize Community Development Block Grant funds for the construction and/or rehabilitation of housing units that will be affordable to very low and low-income, households consistent with Federal income guidelines. C.1.2.2 ~ The City shall support the continuation of the Clearwater Housing Authority's programs for affordable housing opportunities, including its rental subsidy program and public housing units. Continuc to usc Fcdcral programs to prm'idc rcntal subsidy assistancc t-o '/(1)' low, low, and somc modcrat-e incomc households. (Editorial) C.l.2.3 ~ Continue to review new construction techniques, materials, building codes, and housing codes in order to determine where housing costs can be reduced without sacrificing the quality of housing for very low and low income households. 16.2.1 The City shall continue to utilize the Challenge 2000 Program to assist ve1)' low, 1m\', and modcratc incomc houscholds in obtaining mortgagc financing. (Challenge 200 Program was discontinued) C.1.2.4 16.2.5 The City shall continue to support the addition of rental housing as needed to meet the needs of very low, low, and moderate income households. C.1.2.5 Define Affordable Housing as any residential dwelling unit leased or owned by a household with a household income of one hundred twenty percent (120%) or less of the adiusted area median family income for Pine lias County, Florida, as determined by the U.S. Department of Housing and Urban Development (HUm. The rental rates for leased Workforce Affordable Housing Units shall not exceed the rates published by the Florida Housing Finance Corporation for annual "Maximum Rents by Number of Bedroom Unit" for the Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area (MSA). For non-rental units, the sales price may not exceed ninety percent (90%) of the average area price for the Tampa- St. Petersburg-Clearwater MSA, as established by the annual revenue procedure which provides issuers of qualified mortgage bonds, as defined in Section 143(a) of the internal Revenue Code, and issuers of mortgage credit certificates, as defined in Section 25(c) of the Internal Revenue Code, with the nationwide average purchase price for the residences located in the United States. (EAR, Part III, Issue of Local Concern: Housing) C-4 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 5 Page 5 of 11 Housing C.l.2.6 The City shall identify vacant and underutilized city-owned property that may be deemed surplus property and make it available for the development of affordable housing. (EAR, Part III, Issue of Local Concern: Housing) C.1.2.7 The City shall work with the U.S. Department of Housing and Urban Development, the Florida Housing Finance Corporation and local government bodies to protect dedicated affordable housing revenues, as provided by the Economic Development & Housing Department's 2005 - 2010 Consolidated Planning Document, the Sadowski Act, and Federal, State and Local Government Housing Trust Funds. (EAR, Part III, Issue of Local Concern: Housing) C.l.3 M.J Objective for Housing Conditions - The City of Clearwater shall encourage the elimination of substandard housing units through demolition, upgrades, renovation and preservation efforts. Policies C.1.3.l ~ The City defines "substandard" housing units as those which do not provide safe and adequate shelter and require major renovation to bring them up to the Clearwater Minimum Housing Code or are lacking one or more essential plumbing facilities, i.e., hot and cold piped water, private toilet, and private shower or bath for the exclusive use of the unit. C.1.3.2 ~ Define "suitable for rehabilitation" as those housing units which require repair equal to or less than fifty percent of its value or $50,000, whichever is less, before renovation, or having the lack of one or more essential plumbing facilities. Units must be located in a neighborhood, which has either adequate community facilities or has needed capital improvements in the current Capital Improvements Program (CIP). (EAR, Part III, Issue of Local Concern: Housing) Define "suitable for rehabilitation" as those housing units in deteriorating condition duc to inadcquat-e maint-enancc or accidcntal damagc which rcquircs repair equal to or less than seventy five percent (75%) of its yalue subsequent to renovation or having as the primary deficiency, the lack of one or more csscntial plumbing facilitics. Units llRlst bc 10catcd in a'/ailable ncighborhood cithcr ha'ling adcquat-e commlHlity facilitics or with ncccssary capital improvements in the current c.I.P. program. (EAR, Part III, Issue of Local Concern: Housing) C.1.3.3 ~ The City Neighborhood Services Department shall continue to monitor and evaluate factors which contribute to neighborhood stability and adopt strategies for neighborhood preservation. (Editorial) C.1.3.4 ~ Program capital improvements in concert with the neighborhood preservation strategies to encourage neighborhood stability. C.1.3.5 16.3.5 Encourage ongoing maintenance through programs that foster pride III ownership and individual efforts. C-5 2008 EAR Based Amendments Attachment number 5 Page 6 of 11 Goals, Obiectives, and Policies Housing C.1.3.6 16.3.6 Encourage Pro'lidc inccnti'/cs for voluntary, private rehabilitation of owner occupied and rental housing units. (Editorial) C.1.3.7 ~ Continue to utilize the Unsafe Structures Program as a means of rehabilitating and/or demolishing unsafe structures within the City of Clearwater. C.1.3.8 ~ Continue to review and update housing related codes to allow optimum use oflabor and materials. C.1.3.9 -l4J.,9 Continue to contribute to the support of housing providers Clearviat-er Ncighborhood Housing Scrviccs, Tampa Bay ComllRlnity DC'/elopmcnt Corporation and other organizations promoting neighborhood revitalization and stability. (Editorial) C.l.4 MA Objective for Adequate Sites for Very Low, Low and Moderate Income Households - Continue to provide zoning and land use regulations that allow for the development and redevelopment of affordable housing in stable neighborhoods. Policies C.1.4.l +64:-l All assisted housing shall meet the requirements of the Community Development Code, including landscaping, and shall be consistent with the character of the surrounding neighborhood. C.1.4.2 ~ Assisted housing should be located in close proximity to employment centers, mass transit services, parks, and commercial centers. C.1.4.3 ~ Buildings and grounds at assisted housing locations should be maintained so as to preserve a desirable living environment. C.1AA +644 Maintain residential zoning districts in a variety of densities and locations in order to accommodate more affordable small lots, small and medium size apartments, and mobile homes. C.1.4.5 ~ Continue to utilize zoning to minimize and mitigate commercial encroachment in residential areas. C.1A.6 -l-646 Mobile homcs shall bc maintaincd as an affordable housing option for cxisting and future residents. Continue to utilize the Mobile Home Park zoning classification for defining existing and proposed mobile home sites. (EAR, Part III, Issue of Local Concern: Housing) C.1.4.7 Neighborhoods shall be encouraged to follow the three Crime Prevention Through Environmental Design (CPTED) strategies of access controL surveillance, and territorial enforcement. (EAR, Part III, Issue of Local Concern: Housing) C.l.5 ~ Objective for Group Homes and Foster Care Facilities and ~special NBeeds Hhousing - Continue to provide zoning and land use regulations which allow the C-6 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 5 Page 7 of 11 Housing establishment of group homes, foster care facilities and special needs housing subject to minimum State requirements. (Editorial) Policies C.1.5.l ~ Establish population-based standards for group homes and foster care facilities in concert with knowledgeable State and community human services organizations. C.1.5.2 ~ Encourage and assist human services agencies and other community groups in developing special living facilities at a level appropriate to Clearwater's population and needs. C.1.5.3 ~ Periodically review and adjust the separation requirement for group homes as found in the Community Development Code so that the requirement continues to function to provide broad dispersion without inhibiting these facilities by saturation of available areas. The separation requirements will not be more restrictive than the minimum requirements of the State of Florida. ~ Pro','idc zoning, inspcction, and othcr appropriatc local gO'/cmmcnt t-echnical assistance to the Clearwat-er Housing Authority and other agencies in','olyed in the pro','ision of housing. (Redundant) C.1.5.4 ~ The City of Clearwater shall continue to permit licensed group homes in all residential districts provided the use meets the minimum separation requirement of the State of Florida and development standards found in the Community Development Code. C.1.5.5 ~ The City shall coordinate with the Department of Children and Families and the Clearwater Police Department in the placement of child and spousal abuse facilities in order to ensure the requisite confidentiality. C.1.5.6 Special Needs Housing is defined as housing that is temporary, supportive, or permanent that provides shelter for the elderly, frail elderly, persons with disabilities (mentaL physicaL developmentaL persons with HIV / AIDS and their families) persons with alcohol or other drug addiction, and other categories the City of Clearwater may specify and describe as special needs housing. Special needs housing shall include but not be limited to include emergency and supportive housing, transitional housing and other permanent housing designed to allow for independent living and prevent individuals from becoming homeless. (EAR, Part III, Issue of Local Concern: Housing) C.l.6 ~ Objective for Housing Conservation and Rehabilitation - Through both private and public resources, the City of Clearwater shall encourage the conservation, rehabilitation, and preservation of the existing housing stock, including historically significant housing. C-7 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 5 Page 8 of 11 Housing Policies C.1.6.l +6:6-:-l The Community Response Team shall continue to utilize a collaborative code enforcement process for housing in the North and---Semh Greenwood and Lake Belleview neighborhoods and the East Gateway area in order to provide residents with information regarding rehabilitation assistance programs and the additional time needed to bring housing structures in this area into compliance. (Editorial) C.1.6.2 ~ Use Community Development Block Grant, HOME, aBEl SHIP, and any other available funds for programs and improvements throughout the City with special emphasis on North Greenwood, Lake Belleview, South Grccnwood and East Gateway Clcarwat-er neighborhoods and such other neighborhoods as may require programming attention. (Editorial) C.1.6.3 ~ Involve private lending institutions in the development of programs that encourage a greater degree of flexibility in lending policies with respect to improving older neighborhoods. C.l.6.4 +6:6-4 Encourage private lending institutions, through their participation in program and project planning, to be more responsive to the home income needs of very low, low, and moderate-income households. C.1.6.5 ~ Involve private lending institutions in the planning and development of programs designed to help with small business economic development loan needs in very low, low and moderate income neighborhoods. C.l.6.6 ~ Improve community services and facilities as appropriate to an acceptable standard in target revitalization rcdc'lelopmcnt areas. (Editorial) C.1.6.7 ~ Use rehabilitation of public housing units as well as the provision of new housing to increase the housing stock for low and moderate income households. C.l.6.8 ~ The City of Clearwater shall continue to protect and preserve historically significant housing and neighborhoods through the implementation of Historic Preservation Section (Division 10) of the Community Development Code. Cl.7 M.+ Objective for Relocation Housing - Where public projects of the City require the relocation of individuals and/or families, relocation assistance shall be provided where it is necessary for safe and adequate shelter. Policies C.1.7.l +6:+:-l The City shall provide temporary relocation assistance to enable rehabilitation of substandard housing. C.1.7.2 16.7.2 The City shall provide relocation assistance and counseling, as needed, to effect the clearance of dangerously deteriorated houses. C-8 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 5 Page 9 of 11 Housing C.1.7.3 ~ The City shall regularly monitor grant opportunities and provide coordinating services to assist in maximizing intergovernmental revenues and assistance targeted to housing and neighborhood improvements. C.1.7.4 +6:+-:4 Pursuant to the Community Development Code requirements, t+he City shall determine that adequate mobile home sites or other suitable sites exist for the relocation of mobile home owners prior to actions, including the approval of a rezoning, which result in removal or relocation of mobile home owners. (Editorial) Cl.8 M.8 Objective for Housing Implementation Programs - the Clearwater Neighborhood and Affordable Housing Advisory Board, (NAHAB), which includes represen- tatives from organizations agencies directly and indirectly involved in affordable housing issues~ will serve as a standing committee on housing related issues and will review, monitor, and evaluate City policies, procedures, and pr02:rams directed to improvin2: the physical environment and lifestyle of low to moderate income residents and will make recommendations to the City Mana2:er and City Council. assist in facilitating planning effarts and pra'Ade caardinated hausing pragrams. (Editorial) Policies C.1.8.l ~ Utilize applicable Federal, aaEl State, and County programs to provide local housing. (Editorial) C.1.8.2 ~ Participate with the Tampa Bay Regional Planning Council in the preparation of housing plans and programs for consistency with City of Clearwater housing implementation programs. (EAR, Part III, Issue of Local Concern: Housing) C.1.8.3 ~ Participate with Pinellas County in providing short-term emergency housing for the homeless and transitional housing for qualifying households with special needs. C.l.8.4 Continue to provide assistance to qualified residents to retrofit housing in order to be barrier free and accessible. (EAR, Part III, Issue of Local Concern: Housing) C.1.8.5 +6:-&4 Promote equal opportunity for all persons, regardless of race, sex, age, or marital status in obtaining adequate housing and eliminate discrimination in housing. C.l.8.6 ~ Thc City of Clcarwat-er shall .Geontinue to implement all existing and future housing programs without regard to race, national origin, handicap, age, or familial status. (Editorial) C.1.8.7 16.8.6 Thc City of Clearwatcr shall .Geontinue to investigate complaints concerning the lending policies of local lending institutions to assure non-discriminatory lending practices and guard against redlining. (Editorial) C-9 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 5 Page 10 of 11 Housing C.l.8.8 16.8.7 Thc City shall to .G€ontinue work with the Clearwaterbooal Housing Authority in providing a public housing stock that is consistent with the existing and future needs of the residents of the City of Clearwater. (Editorial) C.l.8.9 Continue to work with non-profit and for-profit housing providers to leverage resources to implement housing programs (EAR, Part III, Issue of Local Concern: Housing) C1.9 Obiective - The City of Clearwater shall be proactive in incentivizin2: the construction of affordable housin2:. (EAR, Part III, Issue of Local Concern: Housing) Policies C.1.9.1 Permit density increases for development projects incorporating affordable housing units. (EAR, Part III, Issue of Local Concern: Housing) C.1.9.2 Allow flexibility with regard to setbacks and off-street parking to accommodate density bonuses associated with affordable housing developments provided the project design does not detract from the established or emerging character of the immediate vicinity. (EAR, Part III, Issue of Local Concern: Housing) C.l.9.3 Allow flexibility with regard to off-street parking for proj ects containing affordable housing units located within 1000 feet of a transit stop. (EAR, Part III, Issue of Local Concern: Housing) C.1.9.4 Through the Downtown Public Amenities Incentive Pool, density increases shall be available to projects incorporating affordable housing units. (EAR, Part III, Issue of Local Concern: Housing) C.1.9.5 Accessory dwelling units may be permitted in certain areas of the Downtown, as an accessory use to a single-family or two-family dwelling, provided that sufficient parking exists. (EAR, Part III, Issue of Local Concern: Housing) CLIO Obiective - Reco2:nizin2: that sustainable buildin2: techniQues contribute to keepin2: housin2: units affordable over the lon2: term by reducin2: ener2:Y consumption, lowerin2: utility bills and decreasin2: maintenance costs, the City of Clearwater will promote the use of 2:reen housin2: construction and renovation and rehabilitation techniQues. (EAR, Part III, Issue of Local Concern: Housing) Policies C.1.1 0.1 Consider providing density bonuses for affordable housing proj ects that are constructed consistent with US Green Building Council's (USGBC) Leadership in Energy and Environmental Design (LEED) principles or the Florida Green Building Coalition's (FGBC) Green Land Development and Building Standards. (EAR, Part III, Issue of Local Concern: Housing) C-lO 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 5 Page 11 of 11 Housing C.1.10.2 Encourage construction of efficient and lasting homes by developing Green Building standards, using resources such as those available through Global Green USA. (EAR, Part III, Issue of Local Concern: Housing) C.l.l0.3 Provide "green building information" to local area housing providers. (EAR, Part III, Issue of Local Concern: Housing) C.1.1 0 A Work with the local chapter of the USGBC to provide information regarding LEED renovation techniques at Neighborhood Week and other outreach eventsjEAR, Part III, Issue of Local Concern: Housing) C.1.1 0.5 Develop prototypical xeriscape plans that can be provided to local area housing non-profits and neighborhood associations. (EAR, Part III, Issue of Local Concern: Housing) C1.110biective - Cooperate with Pinellas County, other municipalities and other or2:anizations to seek an end to homelessness. (EAR, Part III, Issue of Local Concern: Housing) Policies C.l.ll.l Cooperate with Pine lias County and other municipalities in implementing provisions found within Ovening Doors of Ovvortunity: A 10-Year Plan to End Homelessness in Pinellas County. (EAR, Part III, Issue of Local Concern: Housing) C.l.ll.2 Implement provisions of the 2005 - 2010 Consolidated Planninf!. Document that address solutions to homelessness. (EAR, Part III, Issue of Local Concern: Housing) C.l.ll.3 Continue to participate in the Pinellas County Homeless Coalition and the Pinellas County Homeless Policy Group. C.l.llA Continue to work with area housing providers to make shelters and transitional housing and/or programs available to the homeless. (EAR, Part III, Issue of Local Concern: Housing) C-ll 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 6 Page 1 of 15 Coastal Management E. COASTAL MANAGEMENT The intent of the coastal management element is to provide policies to guide the City of Clearwater's coastal water programs with respect to such areas as the coastal zone environment, wildlife and marine life, utilization and preservation of all living and nonliving coastal zone resources, avoidance of loss of coastal zone resources, ecological planning principles for permitting development, and the protection of human life against the effects of natural disasters. Coastal disaster management is a coordinated regional effort in accordance with state and federal regulations that primarily involves the minimization of the vulnerability to and preparedness for hurricanes affecting certain areas of coastal communities. Recreational surface water use policies address public access to the water, and protection of working waterfronts, recreation and economic demands. Coastal Management Needs Summary The following summarizes the Coastal Management Element: . Clearwater's coastal zonc coastal storm area is any area that includes the Coastal High Hazard Area (CHHA), all areas connected to the mainland of Clearwater by bridges or causeways, those areas at relatively higher elevations that are surrounded by the CHHA or by the CHHA and a body of water and all areas located within the Velocity Zone as designated by the Federal Emergency Management Agency (FEMA). This area includes the barrier islands and land adjacent to Clearwater Harbor and Tampa Bay. 0)(t-ensi','c, with Q','cr two thousand two hlHldrcd (2,200) acrcs on thc barricr islands, Clcarwat-er Harbor, and Tampa Bay. The diversity of natural systems and development patterns are a complex environment with a wide range of problems issues to be addressed. (Internal consistency; editorial) . Land use patterns are generally compact. Water-dependent uses, which occupy a relatively small part of the overall shoreline, are defined to be marinas, beach access, boat launch areas and docks, wastewater plants, and beach concessions. Water-related uses are marine sales, marine product distribution, motels and related tourist facilities, and public parking; these occupy much of the land on Clearwater Beach and Sand Key but are not as significant in other parts of the coastal storm area Wile. Water-dependent and water-related uses need to be given an emphasis in planning and permitting shoreline development. (Internal consistency) . The economic base of the coastal storm area Wile is largely tourism, which plays an important role for the County as a whole. Commercial uses, including tourism businesses, need revitalization, and the Beach bv Design: A Preliminary Design for Clearwater Beach and Design Guidelines "Onc City, Onc Futurc" program will addresses the needs of Clearwater Beach. (Internal consistency; editorial) . The most significant areas for environmental preservation are the north end of Clearwater Beach, the sea grass beds in Clearwater Harbor, and Cooper's Point, with secondary significance determined for the Clearwater Harbor spoil islands, Sand Key Park, aad the south shore of E-l 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 6 Page 2 of 15 Coastal Management Alligator Lake and Stevenson's Creek, both the shoreline and creek basin. (EAR Part III - Issue of Local Concern: Coastal and Disaster Management) . Seasonal sea turtle nests are protected in partnership with Pinellas County and the Clearwater Marine Aquarium. (EAR Part III - Issue of Local Concern: Coastal and Disaster Management) . There are not a significant number of historic structures in the coastal storm area. Coastal High Hazard Arca. (Internal consistency) . Evacuation of tourist facilities in the coastal storm area ~ should be a priority. (Internal consistency) . The City will continue to participate in the Pinellas County Local Mitigation Strategy and other hazard mitigation initiatives to reduce the vulnerability to disasters. . In recent years the City has experienced a loss of working waterfront uses such as dock slips, marinas and high and dry storage. (EARpart V #20 - as per F.s. Section 163.3191). E-2 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 6 Page 3 of 15 Coastal Management GOALS, OBJECTIVES AND POLICIES E.l no GOAL - MANAGEMENT OF CLEARWATER'S COASTAL STORM AREA WNE SHALL PROVIDE FOR THE LONG-TERM ACCESSIBILITY, SAFETY, ECONOMIC VIABILITY, NEIGHBORHOOD STABILITY, AND ENVIRONMENTAL INTEGRITY OF THESE UNIQUE RESOURCES. (Internal consistency) E.l.l ~ Objective - Clearwater shall continue to protect beaches and dunes by use of the State Coastal Construction Control Line as the building and land alteration setback line for purposes of administering the Community Development Code land de',elapment ardinances. The Florida standard J.!building C~ode, ftIHI Federal Emer2:ency Mana2:ement A2:ency (FEMA F.E.M.A.) re2:ulations. and City coastal construction regulations will continue to govern the structural integrity of new buildings. (Editorial) Policies E.l.l.l n+:+ Development densities shall not be assigned seaward of the Coastal Construction Control Line. E.1.2 ~ Objective - The coastal storm area shall be the area delineated in Map 13-8 of the Coastal Management Element, which encompasses all of the following: (1) the Coastal High Hazard Area (CHHA), which shall be defined by the Sea, Lake and Overland Surges from Hurricanes (SLOSH) model to be inundated from a category one hurricane, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas, (2) all land connected to the mainland of Clearwater by bridges or causeways (3) those isolated areas that are defined by the SLOSH model to be inundated by a category two hurricane or above and that are surrounded by the CHHA or by the CHHA and a body of water, and (4) all land located within the Velocity Zone as designated by the Federal Emergency Management Agency. The City shall direct permanent population concentrations away from knawn ar predicted the coastal high hazard areas storm area consistent with the goals, objectives and policies of the Clearwater Comprehensive Plan. (Internal consistency) Policies E.1.2.1 nH If 20% or more of a parcel of land is located within the coastal storm area, then the entire parcel shall be considered within the coastal storm area, with the exception of specific parcels located on the bluffs of Clearwater Harbor that the City has identified in Map 13-8 of the Comprehensive Plan. However, if either a parcel of land or a group of parcels that are part of a master development plan is equal to or greater than 5 acres and less than 50% of the parcel or group of parcels is within the coastal storm area, the property E-3 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 6 Page 4 of 15 Coastal Management owner may elect to provide a survey of the parcel or parcels to determine the exact location of the coastal storm area. E.1.2.2 ~ Clearwater shall continue hazard mitigation by participation in the National Flood Insurance Program's (NFIP) Community Rating System, Pinellas County's Local Mitigation Strategy, administration of building and rebuilding regulations consistent with City and FEMA regulations, prohibition of beach sand dune alteration, and restriction of development in flood plains. E.1.2.3 ~ The City will encourage natural hazard mitigation actions recommended by any interagency hazard report that the City deems appropriate. E.1.2.4 ~ General hazard mitigation will be encouraged to include the regulation of building practices, floodplains, beach and dune alteration, stormwater management, sanitary sewer and septic tanks, and land use to reduce the exposure of human life and public and private property to natural hazards; and appropriate recommendation from the Pine lias County Local Mitigation Strategy will be incorporated into the Clearwater Comprehensive Plan. E.1.2.5 nB The City shall prohibit the location of new hospitals, nursing homes and assisted living facilities in the Coastal Storm Area and the area inundated by a category 2 hurricane as depicted by the SLOSH model, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas. E.1.3 ~ Objective - Public access to the beach shall be maintained or improved through parking and multimodal transportation enhancements. Policies E.1.3.1 ~ Public access to the beach is currently provided in all segments of the coastal storm area ffifle. Public access shall be enhanced through purchase, development of recreational lands, acquisition, and easement whenever feasible. Beaches renourished with public funds shall have both traverse access from the road to the beach, and parking, bus, or bicycle accessibility on or adjacent to the public street. (Internal consistency) E.1.3.2 ~ The coastal zonc managcmcnt clcmcnt Coastal Management Element recognizes all existing public access ways, street ends, waterfront parks, and parking areas as easements to permit beach access. No current or future access ways shall be vacated in a manner adverse to the public interest. This policy shall enforce public access requirements of the Coastal Zone Protection Act of 1985. (Editorial) E.1.3.3 ~ The City cncouragcs supports continuing the Pinellas County Suncoast Transit Authority's (PSTA) Suncoast Beach tTrollelM service between Clearwater Beach, Sand Key and the Pine lias County barrier islands located te--the south of Sand Key. (PSTA Suncoast Beach Trolley is in operation.) E-4 2008 EAR Based Amendments Attachment number 6 Page 5 of 15 Coastal Management Goals, Obiectives, and Policies E.l.4 ~ Policies ~ The City shall imestigat-e the feasibility of an intra barrier island transit system on Clcarwat-er Beach and e','aluate potential funding sources for such a system. (pSTA Suncoast Beach Trolley is in operation.) E.1.3.4 22.3.5 As downtown redevelopment occurs, :l +he City will encourages private trolley service from the mainland to Clearwater Beach. (EAR Part III - Issue of Local Concern: Coastal and Disaster Management.) E.l.3.5 The City supports continuing the PSTA bus service between Clearwater Beach and the mainland. (EAR Part III - Issue of Local Concern: Coastal and Disaster Management.) 22.3.6 The City in conjunction with the Florida Department of Transportation should replace the Memorial Cause\vay Bridge and pursue the addition of dedicated bicycle lanes. (Construction ofbridge has been completed) E.1.3.6 ~. The City shall continue to encourage private ferry service from Clearwater Beach to the Clcarwat-er mainland. (Editorial) E.1.3.7 ~ The City shall retain all existing public access areas. E.1.3.8 ~ The City encourages the consolidation of public surface parking facilities into structure parking facilities open to the public on Clearwater Beach. E.1.3.9 22.3.10 City proj ects as well as pPublic/private partnerships will continue to be are encouraged pursued to provide additional new parking on Clearwater Beach and to replace the 0)(isting public surface parking lili west of South Gulfview Boule'lard removed to accommodate the construction of Beach Walk. (EAR Part III - Issue of Local Concern: Coastal and Disaster Management.) Objective - The City shall protect historical and archaeological resources in the coastal high hazard storm area. (Internal consistency) 22.4.1 The City will promot-e the preservation of historic and archaeological resources by conducting appropriat-e surveys and dC'leloping appropriate ordinances or guidelines. (Survey has been completed.) E.1.4.1 ~ The City will continue to promote the preservation of historic and archaeological resources by providing information to the public and encouraging private groups to nominate sites to preserve. (9J-5.012(3)(c) 11.) E.1.4.2 ~ The City will consider amendments to the Community Development Code that will establish performance standards for development and sensitive reuse of historic resources. (9J-5. 012(3)(c) 11.) E-5 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 6 Page 6 of 15 Coastal Management E.l.5 ~ Objective - lbevel of ~Service standards as defined in the functional elements of the Comprehensive Plan (traffic, public utilities, recreation and open space), are established and are recognized as applicable to the CHHA coastal storm area. (Internal consistency) Policies E.1.5.1 ~ Critical facilities and infrastructure in the Coastal High Hazard Area Coastal Storm Area should be maintained and improved when necessary, and consistent with the Level of Service demands in the functional elements. Future projects are addressed in the Capital Improvement Element. (Internal consistency) E.l.6 ~ Objective - Redevelopment areas established in the coastal storm areas should address the needs and opportunities unique to those locations. (Internal consistency) Policies E.1.6.1 ~ Redevelopment proposals and plans shall be reviewed for compliance with the goals, objectives and policies of the Comprehensive Plan and other appropriate plans including Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines and the City's NFIP Community Rating System Floodplain Management Plan. E.1.6.2 The City will encourage the preservation of recreational and commercial working waterfronts and marinas and other water-dependent facilities. (EAR part V#20-F.S. Section 163.3191) E.1.6.3 The City discourages the rezoning of recreational and commercial working waterfronts. (EAR Part III -Issue of Local Concern: Coastal and Disaster Management) E.1.6.4 The City will support accessory transient marina docks or slips through the Community Development Code and special area plans. (EAR Part III - Issue of Local Concern: Coastal and Disaster Management) E.2 ~. GOAL - MANAGEMENT OF CLEARWATER'S COASTAL RESOURCES SHALL PROHIBIT ACTIVITIES THAT WOULD DAMAGE OR DESTROY THE NATURAL OR BUILT ENVIRONMENT, OR THREATEN HUMAN LIFE DUE TO HURRICANE HAZARDS, AND SHALL PROMOTE ACTIVITIES THAT ENHANCE THE NATURAL AND BUILT ENVIRONMENT. E.2.1 ~ Objective - The City shall continue to protect coastal wetlands, estuaries and wildlife habitat~ to maintain or increase the acreage for threatened and endangered species population~. (Internal consistency with new Policy E7.1.12 pursuant to 9J-5.012 (3)(c)14) E-6 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 6 Page 7 of 15 Coastal Management Policies E.2.1.1 23.1.1 Restoration and enhancement of disturbed or degraded estuaries identified by the S.',ll.I.M. Surface Water Improvement and Management (SWIM) program shall be accomplished by strict regulation of proposed impacts to wetlands and by controls on the operation and installation of marinas and other water- dependent uses. (Editorial). E.2.1.2 ~ Development applications shall be reviewed to ensure that proposed new development or redevelopment will not encroach on or remove wetlands or beaches. New development and redevelopment shall be guided away from environmentally sensitive areas and into those most able to withstand impacts. E.2.1.3 ~ Marina siting criteria shall restrict marinas and related activities from areas of environmental significance, which include but are not limited to the north end of Clearwater Beach, grass beds in Clearwater Harbor, Cooper's Point, and Clearwater Harbor Spoil Islands 25, Sand Key Park, and the southern edge of Alligator Lake. Marinas shall only be allowed in these areas with appropriate and approved mitigation. E.2.1.4 ~ The City shall work toward reducing the existing quantity and improving the quality of stormwater runoff to estuarine and surface water bodies by ensuring that development and redevelopment adheres to the treatment standards set forth in State Water Policy, and complies with the retention and treatment requirements of Chapter 62-25 F.A.C., the Environmental Resource Permitting Rules 40D-4, 40D-40, 40D-400, F.A.C. of the Southwest Florida Water Management District (SWFWMD) and with any more stringent local regulations. E.2.1.5 ~ The City shall pro actively pursue and facilitate coordination and participation in the implementation of the Tampa Bay Estuary Comprehensive Conservation and Management Plan (CCMP), and related plans, as a means of achieving mutual local and regional resource management and restoration goals for Tampa Bay. E.2.1.6 ~ The City shall permit passive recreation uses in appropriate coastal areas as identified in the Future Land Use Element of the Comprehensive Plan~ (Editorial) E.2.1.7 ~ The City shall coordinate with Pine lias County and other local governments for water quality monitoring and related program planning. E.2.1.8 ~ Future land uses which are incompatible with the protection and G~onservation of wetlands and wetland functions shall be directed away from wetlands. (Editorial) E.2.1.9 ~ The type, intensity or density, extent, distribution and location of allowable b land uses and the types, values, functions, sizes, conditions and locations of E-7 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 6 Page 8 of 15 Coastal Management wetlands are land use factors, which shall be considered when directing incompatible land use away from wetlands.(Editorial) E.2.1.10 23.1.10 Land uses shall be distributed in a manner that minimizes the effect and impact on wetlands. The protection and conservation of wetlands by the direction of incompatible land uses away from wetlands shall occur in combination with other goals, objectives and policies in the comprehensive plan. Where incompatible land uses are allowed to occur, mitigation shall be considered as one means to compensate for loss of wetlands functions. E.2.1.11Vehicle traffic, except for emergency and maintenance vehicles, shall not be permitted on public beaches except as designated for the beach north of the Clearwater Sailing Center, and within designated areas on the Courtney Campbell Causeway and the Memorial Causeway. (EAR Part III - Issue of Local Concern: Coastal and Disaster Management) E.2.1.12The City will continue to protect estuaries located entirely within the City limits and estuaries located within the City and another jurisdiction. The City will continue to coordinate and cooperate with other jurisdictions through such methods as interlocal agreements to ensure adequate sites for water-dependent uses, prevent estuarine pollution, control surface water runoff, protect living marine resources, reduce exposure to natural hazards, and ensure public access. (9J-5.012 (3)(c)14) E.2.2 ~ Objective - Clearwater's caastal barriers islands include beth-natural resources and a camplex built enviranment. which s Shall be preserved from encroachment and development.(Editorial) Policies E.2.2.1 - ~ Restoration and enhancement of disturbed or degraded dune and beach areas shall be implemented with the appropriate methods and quality of material necessary to enable successful reestablishment. E.2.2.2 - ~ The specific and cumulative impacts of development and redevelopment upon wetlands, water quality, water quantity, wildlife habitat, and beach and dune systems shall be limited by: strict maintenance of existing setback requirements, adherence to storm water detention requirements, retaining all publicly owned natural habitats in their undeveloped state and transfer of development rights. E.2.2.3 Maintain existing Recreation/Open Space Future Land Use Plan designations within the coastal storm area. (EAR Part III - Issue of Local Concern: Coastal and Disaster Management) E.2.3 ~ Objective - Clearwater Harbor and Tampa Bay are designated Outstanding Florida Waters and are under a non-degradation rule. Clearwater will continue to manage stormwater runoff and control erosion during construction to reduce waterborne sediments. As additional initiatives are approved under the SWIM E-8 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 6 Page 9 of 15 Coastal Management program, they will be considered for inclusion in the Community Development Code. Policies E.2.3.1 ~ Restoration and enhancement of disturbed or degraded drainage systems shall be implemented by upstream detention of stormwater, maintenance of existing drainage channels, widening of bridges, culverts and other stormwater conveyance structures. E.2.4 ~ Objective - Clearwater shall seek funding and approval to renourish eroded beaches on Sand Key and Clearwater Beach when necessary. Restored beach areas shall be considered public resources seaward of construction setback lines and shall not be counted as plan density or buildable lot area. Policies E.2.4.1 ~ The City shall seek State funding and approval to enable beach renourishment when necessary. E.2.4.2 ~ The City shall renourish the beach with the appropriate quality of sand and obtain all necessary review and permits. E.3 U. GOAL - MANAGEMENT OF CLEARWATER'S COASTAL STORM AREA WNE SHALL LIMIT PUBLIC EXPENDITURES TO THOSE NECESSARY TO SERVE EXISTING AND PLANNED DEVELOPMENT OR REDEVELOPMENT AND RESTORA TION OR ENHANCEMENT OF NA TURAL RESOURCES. (Internal consistency and revision as per F.s. Section 163.3177 and 9J-5.012(3)(b) 5.) E.3.1 ~ Objective - Clearwater shall administer land development regulations to protect public and private property and human life from the effects of hurricane winds and flooding. Policies E.3.1.1 ~ The City shall grant building permits in compliance with the rules of FEMA. F.E.M.A. (Editorial) E.3.1.2 ~ Post-disaster redevelopment plans of coastal areas shall be designed to reduce the vulnerability of public and private property and include proper elevations. E.3.1.3 Limit public expenditures that subsidize development permitted in coastal high- hazard areas except for the restoration or enhancement of natural resources. (9J-5.012(3)(b) 5.) E.3.1.4 Ensure that construction of necessary infrastructure improvements in the coastal storm area are phased to coincide with the demands generated by development or redevelopment in support the proposed densities of the Future Land Use Element. (9J-5.012(3)(c) 13.) E-9 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 6 Page 10 of 15 Coastal Management E.3.2 u.J Objective - Overall density shall be retained in Clearwater's coastal storm area WIle, except as otherwise permitted in the Future Land Use Element of the Comprehensive Plan. Transfer of development rights between beach parcels is allowed per the Community Development Code and by Beach by Design: A Preliminary Design for Cleanvater Beach and Design Guidelines. (Internal consistency) Policies E.3.2.1 - ~ In considering revisions to the land deyelopment regulations, Clearwater shall consider appropriate and innovative amendments allowing compensating variations to dimensional requirements (heights, setbacks, open space) to allo'li reasonable redevelopment at existing densities. Continue to allow flexibility in regard to the dimensional requirements of the land development code in order to allow redevelopment consistent with allowable densities. (Consistency with current land development regulations). E.3.2.2 ~ The City shall develop operating policies that address post-disaster redevelopment needs to facilitate permissible reconstruction in a timely manner, which includes participating in the Pinellas County Local Mitigation Strategy. E.3.2.3 - ~ No development shall be permitted on barrier islands if there is evidence that the development will impede evacuation, hamper the geological function, alter dunes, or alter the environmental character. The adopted Tampa Bav Ref!.ion Hurricane Evacuation Study Tampa Bay Regional Model and Guidelines will be used to determine if proposed development or redevelopment will cause roadways to fall below acceptable level-of-service standards for hurricane evacuation. (Reflects current document title) E.3.3 UA Objective - The City shall cooperate with state, regional and county agencies to maintain or reduce hurricane evacuation times; and work with Pinellas County to find additional suitable hurricane shelter space. Policies E.3.3.1 - ~ The City shall encourage transportation alternatives for persons evacuating to a public shelter including the Pinellas County Emergency Management Department's pre-registration program for evacuation assistance. E.3.3.2 - ~ The City shall cooperate with the County to evaluate critical links and major evacuation routes to determine where operational improvements, such as allowing for one-way direction of traffic, rerouting of traffic or preempting signals, can be made to reduce delays during clearance. E.3.3.3 - 21.1.3 The City shall continue to prioritize roadway maintenance and construction projects on ~ identified critical links and on major evacuation routes by 2002. (Editorial) E-lO 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 6 Page 11 of 15 Coastal Management 21.1.1 Memorial Causeway Bridge should be replaced t-o increase hurricane c'ltlcuation capacity le'lelS from Clearwater Beach. (Construction of bridge has been completed) E.3.3.4 21.1.5 The City shall work with Pinellas County local governments and other appropriate agencies to address the public shelter deficit. E.3.3.5 ~ The City shall cooperate with Pine lias County Emergency Management toward reducing the out-of-county hurricane evacuation clearance time of 55 hours in 2006, as determined in the Tampa Bay Region Hurricane Evacuation Study 2006, for a category 5 storm event as measured on the Saffir-Simpson scale. E.3.3.6 ~ The adopted level of service standard for out-of-county hurricane evacuation clearance time for a category 5-storm event as measured on the Saffir- Simpson scale shall be 16 hours. E.3.3.7 Notify the Pinellas County Emergency Management Department of the availability of any facilities within the City that may be used as a public shelter. (EAR Part III - Issue of Local Concern: Coastal and Disaster Management) E.3.3.8 Require disaster plans for all hospitals, nursing homes, and assisted living facilities, as required by law, to be kept on file with the Emergency Management Coordinator. (To support current Emergency Management policies) E.3.3.9 The City shall not amend the Future Land Use Plan map or Zoning Atlas to permit any mobile home parks to be located within the coastal storm area. (EAR Part III -Issue of Local Concern: Coastal and Disaster Management) E.3.3.IOThe City shall require new or redeveloped overnight accommodations uses located within the City's coastal storm area to have a hurricane evacuation plan, approved by the City, for all guests. This plan shall require the use to close when a hurricane watch is posted for the City. (Consistency with current land development regulations). EA GOAL - THE CITY SHALL ACCOMPLISH POST-DISASTER REDEVELOPMENT IN A MANNER THAT SHALL MINIMIZE PUBLIC AND VULNERABILITY TO FUTURE DISASTERS. (EAR Issue of Local Concern: Disaster Management). PRIVATE Coastal and EA.l ~ Objective - Post-disaster redevelopment shall be governed by all applicable codes and standards, as ta setbacks, aff street parking, and landscaping, and shall decrease future public and priyate ',ulnerability ta future starms by as well as complying with applicable state, and county construction regulations. (Editorial) E-ll 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 6 Page 12 of 15 Coastal Management Policies EA. 1.1 21.5.1 Structures on the barrier islands seaward of the defined coastal hazard zone located in FEMA-designated high hazard flood zones (AE and V) which have experienced over fifty percent (50%) damage, based on value of the structure prior to damage, may be redeveloped consistent with either the density established in the adopted Comprehensive Plan or with the existing as-built densities at the time of storm damage, if lawful when constructed in accordance with the applicable provisions of the Community baBEl Development Code. (Editorial) EA.1.2 ~ To the maximum extent feasible, sanitary sewer facilities and lift stations shall be built to resist the infiltration by floodwaters. The hazard mitigation annex, which covers the wastewater treatment system, shall be followed in the event of a storm; and hazard mitigation plans shall be updated as necessary. EA.1.3 ~ Immediate repair and clean-up actions after a storm shall be limited to removal of debris, and repair of existing primary structures to allow re-occupancy (repairs to allow re-occupancy shall be considered when damage is limited to less than fifty percent (50%) of the value of the structure prior to damage). Long-term repair and redevelopment shall consist of upgrading structures and accessory facilities to expand habitable space or repair of greater than fifty percent (50%) of the value of the structure prior to damage. Post-disaster redevelopment and long-term repair can only be permitted consistent with the requirements ofF.E.M.A. FEMA and the Florida &ate Statutes. (Editorial) EA.IA 21.5 .1 Damaged infrastructure shall be repaired or rebuilt to minimize the potential for future damage. Unless the facility is necessary to serve the population of the coastal ffifle storm area, consideration shall be given to relocating public facilities outside the coastal ffifle storm area. (Internal consistency) EA.1.5 21.5.5 Temporary-building moratoriums may be declared in the coastal high hazard area when 50% or more of the homes have been destroyed in order to assess impacts and feasibility of redevelopment. EA.l.6 21.5.6 Repair and rebuilding of critical facilities such as water facilities, sewage treatment plants and lift stations, and other utilities damaged in future storms shall be reconstructed to minimize hurricane vulnerability. EA.1.7 ~ Coastal infrastructure shall be maintained and replaced as necessary to insure adequate Levels of Service to the existing population and to projected population increases at the planned density consistent with the Future Land Use Element. EA.l.8 The City will maintain or expand agreements with other jurisdictions and private building plans reviewers and inspectors to aid with reconstruction after a disaster. (To support current policies of Development Services Department) E-12 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 6 Page 13 of 15 Coastal Management EA.l.9 Prepare post disaster redevelopment plans in an effort to reduce or eliminate the exposure of human life and public and private property to natural disasters. (9J-5.012(3)(b)8) EA.2 Obiective - Post-disaster redevelopment plans shall include provisions for repair and cleanup, assessment of infrastructure and limitin2: redevelopment of repeated dama2:e properties. (9J5.012 (3) (c) 5.) Policies EA.2.1 Post-disaster redevelopment plans shall include policies that distinguish between immediate repair and cleanup actions needed by the City to protect public health and safety and long-term repair and redevelopment activities. (9J-5(3)(c)5) EA.2.2 Post-disaster redevelopment plans shall include policies that address the removaL relocation, or structural modification of damaged infrastructure and be consistent with federal funding provisions and unsafe structures. (9J-5(3)(c)5) EA.2.3 Post-disaster redevelopment plans shall establish criteria for limiting development in areas of repeated damage. (9J-5(3)(c)5) E.5. GOAL - THE PRESERVATION OF ECONOMIC ACTIVITY WITHIN THE COASTAL STORM AREA IS A PRIORITY FOR THE CITY. (EAR Issue of Local Concern: Coastal and Disaster Management) E.5.1 Obiective - The reestablishment of businesses after a disaster is critical to the redevelopment of the coastal storm area. (EAR Part III - Issue of Local Concern: Coastal and Disaster Management) Policies E.5.1.1 The City will cooperate with local businesses and organizations to aid in disaster planning and recovery for businesses located within the coastal storm area. . (EAR Part III - Issue of Local Concern: Coastal and Disaster Management) E.5.1.2 The City will cooperate with the Chambers of Commerce in developing an informational program about hurricane preparedness for local businesses. . (EAR Part III - Issue of Local Concern: Coastal and Disaster Management). E.5.2 ~ Objective - '" ateI' dependent uses shauld be gi',en higher priarity a'ler ather uses, and include public beach ar waterfrant access, marinas, baat launch ar dack facilities, fishing ar access piers, and ather such uses. \Vater related uses and water enhanced uses shauld be gi'len priarity a'ler nan water dependent uses and include marine sales and sen4ce, marine praducts and pracessing, cammercial taurist facilities, and public parking and access suppart serflces. Water-dependent uses such as marinas, boat launch or dock facilities shall be 2:iven a hi2:her priority over other uses. (EAR Part III - Issue of Local Concern: Coastal and Disaster Management.) E-13 2008 EAR Based Amendments Goals, Obiectives, and Policies Attachment number 6 Page 14 of 15 Coastal Management Policies E.5.2.1 ~ Priorities for shoreline uses in priority order shall be water-dependent uses water relat-ed uses, water-enhanced uses and non-water dependent uses. All priorities shall be considered encouraged in redevelopment programming, land use planning, zoning, and infrastructure development.(Editorial) E.5.2.2 ~ To insure land use compatibility, commercial marinas operated as a primary use shall not be located adjacent to residential land uses unless screening or adequate landscaped buffering is provided. Accessory use marina facilities may be located adjacent to residential land uses in accordance with the Community Development Code. (Editorial) E.5.2.3 ~ Upland support services, including adequate parking, loading, and clean up and maintenance areas, shall be provided on site for new or expanded marinas. If located adjacent to residentialland uses, hours of operation may be reasonably limited. Permitting for new marinas shall consider distance from grass beds, protection of water quality, need for construction and maintenance dredging, spoil disposal, protective status, and ownership of bottom lands. E.5.2.4 ~ Marina siting and planning shall consider marinas in general to be a beneficial use, which augments the tourist and leisure facilities in Clearwater. E.5.2.7 Adopt, prior to August 2010, minimum standard uses within the Tourist District to encourage the development of water-dependent uses. (EAR Part III - Issue of Local Concern: Coastal Management) E.5.3 Obiective - Water-enhanced uses such as tourist facilities and public parkin2: shall be 2:iven hi2:her priority than non-water dependent uses. (EAR Part III - Issue of Local Concern: Coastal and Disaster Management) E-14 2008 EAR Based Amendments Attachment number 6 Page 15 of 15 Coastal Management Goals, Obiectives, and Policies Policies E.5.3.l The City will review and modify the Tourist District standards within the Community Development Code and modify Beach bv Design: A Preliminary Design for Clearwater Beach and Design Guidelines where necessary to provide incentives for water-dependent and water-enhanced uses. (EAR Part III - Issue of Local Concern: Coastal and Disaster Management) E.5.3.2 Consider incentives for developments that provide public docks and/or public parking. (EAR Part III - Issue of Local Concern: Coastal and Disaster Management) E-15 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 7 Page 1 of 10 ConselVation F. CONSERVATION ELEMENT The intent and purpose of the City's Conservation Element is for the conservation, use and protection of natural resources in the area, including air, water, water-recharge areas, wetlands, soils, beaches, shores, flood plains, harbors, bays, minerals, and other natural and environmental resources. The maps for this element generally identify and depict these areas. Conservation Needs Summary The following summarizes the needs identified in the Conservation Element: . The protection, maintenance, and continued management of Clearwater's surface water resources, including both interior and coastal waters, are important for their natural functions. . Clearwater's groundwater supplies are important and must be protected to ensure the continuance of the City's ability to provide potable water t-o its accounts. . The protection, maintenance, and continued management of Clearwater's shorelines, especially its barrier island beach shorelines, is critical. These areas provide an important social and economic function as these natural resources for Clearwater's tourism industry. Clearwater Beach, Sand Key, and the geographic proximity to Caladesi Island State Park are some of the most important and unique resources the City possesses. . The protection, maintenance, and continued management ofthe City's seven hundred sixty (760) si)( hundred twenty three (623) acres of natural wetlands including tidal swamps and marshes, both interior and coastal, are critical to the continued existence of both plant and animal wildlife and wildlife habitat. These areas contribute to Clearwater's quality of life. Wetlands shall not be destroyed, disturbed, or altered to prevent them from performing their natural functions, except through the implementation of State or City mitigation standards as dC'leloped by the Gity. (First change: 2005 Wetlands Survey by Parsons Engineering; editorial). . Public awareness and education programs are an important component in promoting and preserving the natural environment and the use of "Florida friendly" vegetation. (parks & Recreation term as recommended by CAC). . Black, red, and white mangrove trees are important to the continuance of many species of marine life. Protection ofthese resources is crucial to the food chain necessary to sustain marine life and shoreline stabilization. . Protection of the edges or "ecotones" associated with the different ecosystems is important to natural function and Clearwater's quality of life. . Scenic vistas shall remain designated as "scenic and/or non-commercial highways or corridors." They are specifically: Memorial Causeway; Edgewater Drive; the Courtney Campbell Causeway/Parkway which is also designated a Florida Scenic Highway; Gulf Boulc'lard; Bayshore Boulevard; and Bayside Bridge Belleair Road between U.S. Highway 19 and Belcher F-l 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 7 Page 2 of 10 ConselVation Read-: (Consistency with 2008 Countywide Scenic/Non-Commercial Corridor Map, and the Florida Department of Transportation 's Florida Scenic Highway Program). . Tampa Bay has been ranked top priority for the Surface Water Improvement and Management Program (S.W.I.M.). Clearwater and other municipalities contiguous to Tampa Bay will continue to cooperate and participate in the effort of cleaning-up the bay and restoring marine life and shellfish fisheries. . Soil erosion is an issue that must continue to be managed for all applicable properties in the City through the site plan review process. Areas 0)(periencing erosion are 10cat-ed on Sand Key, Clearwater Beach and Spoil Island fl25. These areas are discussed in great-er detail in the Coastal Zone Management Element. (Spoil Island #25 is now protected by a "groin "; editorial). . Shade trees provide a number of valuable functions that include noise reduction, heat reduction, buffering, aesthetic beauty, and replenishment of ambient oxygen. The City of Clearwater will continue to administer tree regulations requiring sufficient plantings through the Community Development Code, and provide assistance to private property owners as needed. . The City should continue to cooperate and participate in all efforts recommended by the Pine lias County Environmental Management Department, Division of Air Quality, toward the attainment of cleaner and healthier ambient air quality. . Land uses which are associated with hazardous wastes and/or hazardous materials should be restricted from locating within designated wellfield protection areas that have been delineated on the future land use map. Cooperation from all other adjacent local governments is crucial to the success of this proposal, and will be coordinated through the Intergovernmental Coordination Element. . The City of Clearwater will continue coordinate and participate with Pine lias County in an effort to provide a temporary storage and transfer facility to serve residential households in disposing of hazardous/toxic wastes and unused hazardous/toxic materials. F-2 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 7 Page 3 of 10 ConselVation GOALS, OBJECTIVES AND POLICIES F.l ~ GOAL - TO PROTECT AND CONSERVE ALL ASPECTS OF THE NATURAL ENVIRONMENT AND TO ENHANCE NATURAL FEATURES WHICH CONTRIBUTE TO THE EXISTENCE OF THE NATURAL QUALITIES AND CHARACTERISTICS OF CLEARWATER'S SENSITIVE ENVIRONMENT. F.l.l ~ Objective - The City shall continue to protect and improve ambient air quality. Policies F.1.1.l ~ Require all new residential and non-residential development to provide a specified amount of Florida friendly llatWe shade trees based on an established desired ratio of pervious to impervious surface areas. Shade trees will serve to provide heat reduction, noise abatement, buffering, replenishment of oxygen, and aesthetic beauty. (parks & Recreation term as recommended by CAC). F.1.1.2 ~ The City of Clearwater shall cooperate with the Tampa Bay Regional Planning Council and Pine lias County in their efforts to develop plans for improving and monitoring air quality. F.l.2 ~ Objective - The City shall continue to protect floodplains, drainage ways, and all other natural areas having functional hydrological characteristics. Policies F.1.2.l ~ Any construction in the one hundred (100) year floodplain shall comply with all requirements and standards of the Federal Emergency Management Agency of the Federal Flood Insurance Administration, and the City's building codes. F.1.2.2 ~ Construction and development activities in natural drainage channels shall be prohibited, except for public flood protection projects designed to correct specifically identified pre-existing flood conditions and for which no reasonable alternative flood control measures are available; such activities shall not increase the flood potential for areas outside the project target area, nor shall the overall water quality of the affected drainage channels be reduced as a result of the activities. F.1.2.3 25.2.3 The City of Clcarwat-er shall continue t-o prioritize recei'/ing wat-ers for the dC'/elopment of specific stormwater management plans in coordination with Pinellas County. The City shall support the establishment of Total Maximum Daily Loads (TMDL) for impaired water and its implementation as appropriate within the City. (EAR Part V, TBRPC's SRPP 4.20) F.1.2.4 ~ Utilize design methods that will trap stormwater sediments before entering surface waters. F-3 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 7 Page 4 of 10 ConselVation F.1.2.5 ~ Cooperate and coordinate actIvItIes with the Southwest Florida Water Management District (SWFWMD) and the Florida Department of Environmental Protection (FDEP) in the implementation of the Surface Water Improvement and Management (SWIM) Program including maintaining and upgrading the quality of water of Tampa Bay and Clearwater Harbor. (Internal consistency) F.1.2.6 ~ Natural filtration techniques and methods such as grassy swales and natural wetland water storage should be implemented when appropriate to provide purification of stormwater runoff before entering any surface waters. F.1.2.7 ~ Transfer of development rights should be implemented to provide alternatives to development and degradation of wetlands and other natural resources. F.1.2.8 ~ Protect all natural drainage channels from destruction or any restriction of their functional use and regulate protection through the Clearwater Community Development Code: this policy may be waived for any public flood conditions when it can be demonstrated that: (a) No reasonable alternative flood control measures are available; (b) The project will not increase the flood potential for areas outside the project target area; and (c) Overall water quality of the affected drainage channel will not be reduced as a result ofthe project. F.1.2.9 ~ Design and approve future redevelopment of Clearwater's downtown waterfront with consideration of the natural bluff features Continue to protect, Clearwater's bayfront area from undesirable land uses and/or further construction, encroachment and destruction of the "bluff' and the bayfront shoreline, through the Future Land Use Plan, the Community Development Code, Clearwater Downtown Redevelovment Plan, and in accordance with the City Charter. (EAR Part IV; the Clearwater Downtown Redevelopment Plan). F.1.2.10Monitor and enforce City requirements for treatment ponds and environmental mitigation sites. (Recommended by CAC). F.l.3 ~ Objective - The City shall continue to maintain and enhance the City's wildlife and natural native vegetation resources. Policies F.1.3.l ~ Prohibit destruction and disturbance of all conservation land uses to protect wildlife and plants especially those that are threatened or endangered species. This policy shall include known, professional wildlife management and habitat restoration techniques. F.1.3.2 ~ Limit alteration of all urban forests utilizing the Community Development Code; protect natural and mitigated wetlands, marine life, shoreline vegetation, and wildlife habitat in the City from disturbance and destruction. F.1.3.3 ~ Continue to monitor surface waters within the City, and support and coordinate these efforts with Pinellas County's surface water monitoring program. F-4 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 7 Page 5 of 10 ConselVation F.1.3.4 ~ Prohibit development that will needlessly disturb or destroy native vegetation. This shall be achieved through the site plan review process and environmental management site inspections. F.1.3.5 ~ Adopt and continue administering regulations providing for the protection of threatened and endangered species and species of special concern. F.1.3.6 ~ The City of Clearwater shall not dredge or intentionally disturb or disrupt the sea floor of any sea waterbody without necessary required permits issued by the Florida Department of Environmental Protection, Southwest Florida Water Management District (SWFWMD) and Army Corps of Engineers. Mitigation shall be recognized as intrinsically worthwhile and not as primary justification for spoil disposal. F.l.4 ~ Objective - The City shall continue to manage all conservation areas located in the City to prevent any unnatural disturbance or adverse impacts mistreatment from the developed urban environment. (Editorial) Policies F.1.4.l ~ The City shall maintain and enhance Memorial Causeway and continue beautification efforts to ensure its major contribution as a "unique/scenic view" on the Countywide Scenic/Non-Commercial Corridor Map, an aesthetic gateway and landmark to Clearwater Beach City beaches. (Consistency with Pinellas Planning Council Rules and Countywide Scenic/Non-commercial Corridor Map). F.1.4.2 ~ The City shall maintain and enhance Edgewater Drive as a "unique/scenic view" on the Countywide Scenic/Non-Commercial Corridor Map corridor to ensure its major contribution as an aesthetic gateway and landmark ~ image of Clearwater. (Consistency with Pine lias Planning Council Rules and Countywide Scenic/Non-commercial Corridor Map). F.1.4.3 ~ The City shall maintain and enhance the Courtney Campbell Causeway/Parkway as a "unique/scenic view" on the Countywide Scenic/Non-Commercial Corridor Map, a Florida Scenic Highway, an aesthetic gateway and landmark 'Iisual image of Clearwater. (Consistency with Pinellas Planning Council Rules and Countywide Scenic/Non- commercial Corridor Map; Florida Department of Transportation Florida Scenic Highway Program). F.1.4.4 ~ The City shall maintain and enhance Bayshore Boulevard as a "unique/scenic view" on the Countywide Scenic/Non-Commercial Corridor Map corridor to ensure its major contribution as an aesthetic gateway and landmark ~ image of Clearwater. (Consistency with Pine lias Planning Council Rules and Countywide Scenic/Non-commercial Corridor Map). F-5 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 7 Page 6 of 10 ConselVation F.1.4.5 ~ The bluff ~ geographic area located along the bayfront from the southernmost City limits to the northernmost City limits is a unique topographic characteristic featm:e which should be preserved or developed with consideration of its features. (EAR Part IV; as per Clearwater Downtown Redevelopment Plan). ~ The City shall acti'.'cly oppose the C),ploitation of offshore oil exploration and C),traction in instances when there is reason t-o conclude that such acti'.'ities could significantly degrade Clcarwat-er's beaches, shorelines, marine life and general water quality. (The City does not regulate offshore exploration or extraction). F.1.4.6 ~ The City shall protect the urban forest from destruction or disturbance due to inappropriate proximity to incompatible land uses through the site plan review process. F.l.5 ~ Objective - The City shall continue to maintain the wetland inventory of 760 acres as identified in the City's 2005 Wetlands Survey current wetlands iH'lentary af ~ hundred twenty three (623) acres lacated within the City thraugh the year ~ (2005 Wetlands Survey by Parsons Engineering). Policies F.1.5.l ~ Wetlands shall not be dredged and filled or disturbed in any manner other than by natural phenomenon and their natural functions shall be protected, except through the implementation of State or City mitigation standards. as dC'/cloped by the City. (Editorial) F.1.5.2 ~ The City shall protect and preserve riverine floodways from all new land uses other than recreational and/or open space through site plan review and enforcement of the Community Development Code. F.1.5.3 ~ The City shall protect and prevent disturbance of any natural wetland areas whether publicly or privately owned, by utilizing assessments and authority provided by the Florida Department of Environmental (FDEP), the Southwest Florida Water Management District (SWFWMD), Pinellas County and the Army Corps of Engineer. F.1.5.4 ~ The City shall within the limits of state legislation protect all mangrove species from disturbance and/or destruction and to provide public awareness of mangrove resources and their importance and value to the food chain of marine life through the strict enforcement of the City tree protection ordinance. F.l.6 ~ Objective - The City shall continue to protect beaches, sand dunes, and dune vegetation for their natural function and for their recreational open space uses. Policies F.1.6.l F-6 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 7 Page 7 of 10 ConselVation 25.6.1 Unauthorized mMotor vehicles shall be prohibited from parking on the all City~ beaches. (Editorial) F.1.6.2 ~ Unauthorized motor vehicles shall be prohibited from operating on the City's beaches and dunes. F.1.6.3 ~ Development and/or construction of any structures shall not be built seaward of the Coastal Construction Control Line, unless approved by the Florida Department of Environmental Protection and the City of Clearwater. F.1.6.4 ~ Beach and beach dunes shall not be disturbed or destroyed by any form of construction or development with the exception of wooden boardwalk structures which provide access to and from beach areas. F.1.6.5 ~ All beaches, dunes, and associated vegetation shall be protected by local ordinance. F.1.6.6 ~ Shoreline development shall be prohibited from obstructing views of the Gulf of Mexico, Clearwater Harbor and Old Tampa Bay where public access is designated. F.1.6.7 ~ All dune vegetation shall be protected by local ordinance and by provision of dune walk-over structures for beach access. F.1.6.8 ~ Access to recreational areas and facilities shall not be eliminated or reduced as a result of public or private improvement and/or acquisition of rights-of-way, bridges, accessways, or development. F.l.7 ~ Objective - The City shall continue to manage and protect all City-owned lands that are in their natural state, and to provide educational information programs and create public awareness. Policies F.1.7.l ~ Recognize the importance and functions of Clearwater's natural ecosystems and ecotones as an integral component of Clearwater's urban environment. F.1.7.2 ~ Interface and integrate the City's recreation and parks open space system with emphasis on conservation and recreation open space land uses. F.1.7.3 ~ The City shall continue to recognize Moccasin Lake Nature Park, an environmental and energy education center, as a unique facility that provides educational programs and activities dealing with natural sciences, habitat, wildlife, alternative energy systems and recycling. F.1.7.4 ~ The City shall establish conservation easements for the benefit of the general public to provide pedestrian ingress and egress to and from natural areas. F-7 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 7 Page 8 of 10 ConselVation F.1. 7.5 Provide education programs to encourage preservation of the natural environment and promote the use of "Florida friendly" and drought tolerant vegetation and ground cover in an effort to conserve water. (Recommended by CAC). F.l.8 ~ Objective - The City shall continue to protect all City owned and maintained potable water wells from contamination by potentially dangerous land uses and associated activities which could contaminate groundwater aquifers. Policies F.1.8.1 ~ The City shall continue to administer a wellfield protection ordinance which will recognize wellfields as sensitive areas surrounding potable water wells which must be protected from contamination by land uses associated with activities involving: automobile repair shops; electroplating; ship building; gasoline stations; plastic products; oils/greases; photo processing; and/or any land use associated with hazardous wastes and materials. F.1.8.2 ~ Land uses which are associated with any toxic and/or hazardous materials shall be prohibited within the recommended distance established by environmental officials thus preventing possible accidental contamination of fresh and sea water bodies, streams, creeks, lakes, ponds, fresh and saltwater swamps and marshes, retention/detention areas, drainage ditches or any other designated natural conservation protection area. F.1.8.3 ~ The Clearwater Parks and Recreation Department shall utilize xeriscape technology where soils and vegetation are suitable, in an effort to conserve potable water. The intent of t +his approach is to will provide continued landscape beauty at a reduced cost. (Editorial) F.1.8.4 ~ The City shall not exceed its permitted consumptive use quantity authorized by the Southwest Florida Water Management District (SWFWMD) in consideration and consistent with SWFWMD's Regional Water Supply Plan. (EAR Part II). F.1.8.5 ~ The City shall not emit wastewater effluent from a wastewater disposal facility that does not meet U.S. Environmental Protection Agency (E.P.A.) and Florida Department of Environmental Protection Regulation (F.D.E.~R) water quality effluent standards. (Editorial). F.1.8.6 ~ The City shall obey and enforce any emergency water shortage advisory notices issued by the Southwest Florida Water Management District. The City shall research and establish the most cost effective program to implement irrigation systems utilizing reclaimed water for other private land uses. F.1.8.7 ~ The City shall continue to develop its reuse of treated wastewater for irrigation of City parks, both public and private, golf courses and other appropriate City owned properties, followed by studies of a phased expansion of the reclaimed water tl:Hs program into residential areas for private lawn watering purposes, in F-8 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 7 Page 9 of 10 ConselVation an effort to conserve potable water and replenish groundwater and aquifer supplies. (Editorial). F.1.8.8 ~ The City shall consider adoption of an ordinance that will prohibit the irrigation and/or the sprinkling of all yards, lawns, and plant material with potable water during designated hours if SWFWMD water restrictions are lifted. F.1.8.9 ~ Pesticide dealers, auto paint and repair shops, salvage yards, and other small- quantity generators of hazardous waste identified as per Florida State Law shall provide storage of hazardous products and by products outside of the elevation of the 26-year flood plain, shall not cause the direct discharge of runoff from said storage areas into water of the State, and shall have containment/separation traps of adequate size to prevent any discharge in case of a spill or accident. F.2 U. GOAL - DISCHARGES OF STORMWATER SHALL BE MANAGED TO PROVIDE FLOOD PROTECTION FOR THE CITIZENS OF THE CITY OF CLEARWATER AND TO PRESERVE, PROTECT, AND ENHANCE THE WATER QUALITY OF RECEIVING W A TERBODIES. F.2.1 Ud Objective - The City shall continue to protect, improve and enhance surface waters from storm water runoff discharging into both interior and coastal surface waters. Policies F.2.1.1 ~ The City shall incorporate water quality protection and enhancement criteria into all City stormwater management plans. F.2.1.2 ~ The use of natural alternatives, the conservation of natural drainage systems, and the protection and improvement of the quality of receiving waters shall be a goal of the City stormwater management plans. F.2.1.3 ~ A stormwater utility fee or other adequate funding mechanism shall be continued to provide the necessary funding mechanism to achieve this goal. F.2.1.4 ~ The City shall continue to implement a stormwater ordinance requiring redeveloped sites other than single-family residential areas, to incorporate water quantity and quality controls consistent with new development regulations, recognizing that case-by-case limitations may call for partial controls, off site improvements or payments in lieu of improvements to achieve this goal. F.2.1.5 ~ Management plans shall be developed for waterbodies with known or suspected water quality problems in the City to include Tampa Bay, Clearwater Harbor, Stevenson Creek, Allen's Creek, and Alligator Creek. F.2.1.6 ~ The City shall systematically and timely prepare and update watershed or waterbody specific management plans in accordance with the Surface Water Improvement and Management (SWIM) program. These plans shall include both water quality and flood control considerations and recommended funding sources. (Engineering). F-9 2008 EAR Based Amendments Attachment number 7 Page 10 of 1 0 Goals, Obiectives and Policies ConselVation F.2.1.7 ~ The City shall pnontIze and implement all City approved stormwater management plans. (Engineeringl). F.2.1.8 ~ All City stormwater management plan projects within watersheds of the City shall comply with applicable SWIM Plans for that waterbody or watershed. F.2.1.9 ~ The City shall coordinate with and supplement the County's surface water monitoring program. F .2.1.1 0 The City will encourage the use of "Low Impact Development" techniques for stormwater management, such as minimalland disturbance, the preservation of native vegetation, and the minimization of impervious cover, through site plan and internal review processes. (EAR Part V) F- 1(\ 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 8 Page 1 of 7 Recreation and Open Space G. RECREATION AND OPEN SPACE ELEMENT The purpose of the Recreation and Open Space Element is to provide the framework and direction for a comprehensive system of public and private sites for recreation, including, but not limited to, parks and playgrounds, parkways, beaches and public access to beaches, open spaces, waterways, and other recreational facilities. Recreation and Open Space Needs Summary The following summarizes the Recreation and Open Space Element: . There are three (3) principalland uses within the Recreation and Open Space element: parks, recreation facilities and open space. There are three (3) classifications of open space and four (1) classifications of related land uses identified in the Recreation and Open Space element. The benefits of these land uses open space and related land uses are many and include development pattern, aesthetic, environmental and recreational benefits. These land uses provide a benefit to the City and will continue to be incorporated into development and redevelopment plans. (Editorial). . Currently, n -W:9% of the City's totalland area falls under the existing land use classification of "recreation open space," which includes parkland and recreational facilities. and includes parks, preservation areas and 'Iacant land. (EAR Part II, Location of Development) . Vacant land (3% ofland in the City) provides certain open space benefits to the City, and its loss will continue to be partially offset through the dedication of open space land on-site or elsewhere in the City. (EAR Part II, Location of Development) . Beautification of open space along the gateway corridors is needed to enhance the City's image g-9istinguishing "core" parkland, i.e., community, neighborhood, mffii..; and scenic parks from other "adjunct" parklandj: it is fOlHld that a current Le','el of Service (1.9) acres per one thousand (1,000) persons is prm'ided. (EAR Part IV; and editorial) . An established minimum Ibevel of ~Service of four (4) acres per one thousand (1,000) persons for Citywide application will continue to be adequate. (Editorial) . When new recreation and/or park uses are planned to be developed, priority should be given to areas of the city that are deficient Areas of the City are deficient of 'Iarious types of parks and should be the priority for new recreation uses. (Editorial) . All ages needs of the City's diverse population will be taken into consideration when recreation provisions Heeds are being assessed. Clearwater has a variety of water-based recreation oppor- tunities including beaches, boating and fishing which can continue to be developed for the benefit of both residents and visitors. (Editorial) G-l 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 8 Page 2 of 7 Recreation and Open Space GOALS, OBJECTIVES AND POLICIES G.l ~ GOAL - TO DEVELOP A SYSTEM OF OPEN SPACES, PARKS AND RECREATION FACILITIES WHICH ARE DESIGNED FOR THE MAXIMUM SATISFACTION OF THE RECREATIONAL NEEDS OF CLEARWATER'S RESIDENTS AND TOURISTS. G.l.l 27.1 Objective - The City shall ensure that parks, open space, trails and recreation facilities are efficiently and adequately maintained for all segments and districts of the population according to the level of service standards established for the City. Policies G. 1. 1.1 27.1.1 Maintain the established Establish a minimum blevel of S~ervice standard of four (4) acres of core system parkland for every one thousand (1,000) persons applied for ~Gitywide application. The subdistrict le'lel of service will be 2 acres per 1,000 persons. For the purpose of applying this Level of Service standard, core system parkland includes community, neighborhood,--mHH and scenic parks. (EAR Part IV; and editorial). G. 1. 1.2 27.1.2 Locate new neighborhood parks near schools, local or collector roads, and transit routes if feasible. G. 1. 1.3 27.1.3 Locate new community parks and expansions to existing community parks adjacent to arterial streets and/or transit routes whenever possible. G. 1. 1.4 27.U Continue to provide automobile and bicycle parking facilities at all community parks and public beaches. (Editorial: Two previous policies combined in this policy) G. 1. 1.5 27.1.5 Parking lots, which serve public parks, may be constructed with a permeable surface subject to pavement requirements in the Community Development Code. 27.1.6 Continue to prm'ide aut-omobilc and bicycle parking facilities at public beaches. (Editorial: Combined in policy G.1.1.4). G. 1. 1.6 n+:-+ Preserve existing and develop new beach accessways through development control and preservation of accessible street ends. (Editorial) G. 1. 1.7 ~ Continue to provide accessible handicapped parking at ffi public recreational facilities paFk parking lots as well as aad ramps at park buildings to ensure that recreational lands and facilities are accessible to persons with disabilities consistent with the Florida Accessibility Code special user groups such as the handicapped and the clderly. (Updated as per the Florida Accessibility Code) G.l.2 27.2 Objective - The City of Clearwater shall continue intergovernmental coordination with the private sector and other public entities to increase public recreational opportunities and open space acreage. G-2 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 8 Page 3 of 7 Recreation and Open Space Policies G.1.2.l 27.2 .1 Continue to enforce the adopted rRecreation and QGpen ~Space Iband g-gedication rRequirements for the express purpose of maintaining the existing Ibevels of ~Service of recreation lands and facilities. (Editorial) G.1.2.2 27.2.2 Funds collected under dedication requirements shall be expended to benefit the development from which they were collected, specifically: 1. Open space funds shall be expended within a two (2) mile radius when used for the acquisition of community parkland, within a one (1) mile radius when used for the acquisition of neighborhood or mini park parkland, or at any location in the City when used for the acquisition of parkland to be used for the development of a resource-based recreation area~7 (EAR Part IV) 2. Recreation facilities land funds shall be expended within a two (2) mile radius when used for the acquisition of community parkland, within a one (1) mile radius when used for the acquisition of neighborhood ef mini park parkland, or at any location in the City when used for the acquisition of parkland to be used for the development of a special facility site when the site is based on a recreational facility that is deemed to provide Citywide service in accordance with established service radius guidelines; (EAR Part IV) and 3. Recreation facilities funds shall be expended within a two (2) mile radius when used for facilities placed in a community park, within a one (1) mile radius when used for facilities placed in a neighborhood ef mini park, or at any location in the City when used for a facility which serves as the basis for the development of a special facility site providing City wide service. (EAR Part IV) G.l.2.3 27.2.3 Recreation facilities funds collected under dedication requirements shall be expended in consideration of the need for recreation facilities as determined by the application of the service radius guidelines and primary user guidelines contained in this plan and in conjunction with other considerations determined to be relevant by the Director of the Parks and Recreation Department and approved by the City Manager or designee. (EAR Part IV). G.1.2.4 27.2.1 Provide an incentive within the City's recreation facility impact fee structure for private developers to provide recreational opportunities for their residents. G.l.2.5 27.2.5 Continue existing and facilitate new Maintain 0)(isting joint-use agreements between the Parks and Recreation Department and other private and public organizations including the Pine lias County School Board, St. Petersburg College, and the Pine lias County Government, and other governmental iurisdictions. (EAR Part IV). 27.2.6 Ensure easy access t-o recreational resources by pri'/at-e sector organizations as well as by indi'/iduals. (EAR Part IV). G-3 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 8 Page 4 of 7 Recreation and Open Space G.1.2.6 ~ Review, and revise if necessary, the City's [Recreation and QQpen ~Space Iband g-gedication [Requirements. (Editorial) G.1.2.7 ~ Coordinate the Parks and Recreation Department's plans and activities with all other appropriate City departments and government agencies. G.1.2.8 ~ Coordinate Parks and Recreation Department's plans with local community groups when appropriate. G.l.3 27.3 Objective -- Continue to increase the supply of core system parkland in areas needing additional neighborhood parks and mini parks. (EAR Part IV). Policies G.1.3.l 27.3 .1 Review service radius and primary service guidelines for recreation facilities by the end of2010 ~ and every five years thereafter (Reviewed for 2002 Parks and Recreation System Master Plan - EAR Part IV). G.1.3.2 27.3.2 Continue to acquire parkland for new supplemental mffii-parks to meet district deficiencies. (EAR Part IV). G.1.3.3 27.3 .3 Maintain the provisions of the City charter regarding the required referendum prior to approval the sale of public parklands to ensure adequate public recreation and open space lands within the City. G.1.3.4 27.3.1 Address the varying desires needs of the City's diverse population when creating and implementing parks and recreation plans with special attention to the needs of those who may have significantly limited recreational alternatives such as 1m\' and moderat-e income groups, minorities, youth and the elderly. (Editorial) G.1.3.5 27.3 .5 Beautify parks and selected open space sites to enhance the city's visual quality. 27.3.6 The folh.ving are needed t-o satisfy lc'.'el of service standards. Facility playground apparatus neighborhood recreation centers community recreation centers gymnaSiUms baseball diamonds, reg. baseball diamonds, youth softball diamonds, adult softball diamonds, youth football/soccer fields basketball courts, outdoor tennis courts handball/racquetball courts s-'Ninnning pools 2000 o 1 o 6** o o 2 o o o o 1 o 2005 o o o o o 1 1 o o o o 1 o G-4 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 8 Page 5 of 7 Recreation and Open Space fitness courses horseshoe courts la'Nn bowling courts shuffleboard courts golf courses o o o o o o o o o o ** City OWIl€d and controlled faciliti€s af€ ll€€ood sine€ tim€ a'1ailabl€ at l€ased faciliti€s has b€cOIIl€ t{)O limited. (Revised as these are now articulated in the Parks and Recreation System Master Plan, 2002). G.l.4 27.1 Objective - Preserve natural open space areas which constitute aesthetic, and/or ecological community assets. Policies G.1.4.l 27.1.1 To maintain adequate open space in the City's neighborhoods and commercial areas, the City will continue to administer landscape, drainage and impervious surface regulations in the Community Development Code. G.1.4.2 27.1.2 The City shall pursue designation and acquisition of open space areas in new and rede'/eloping areas through the creation of green permeable areas in easements, traffic islands, etc., in compliance with the City's Community Development Code. (Editorial) G.1.4.3 27.1.3 Continue to designate appropriate land "Preservation" and "Recreation/Open Space" in the Future Land Use Plan whenever feasible. G.IAA 27.1.1 Preserve coastal and interior wetlands, floodways, floodplains, and other environmentally significant areas to protect their aesthetic and environmental qualities which benefit the City. G.1.4.5 27.1.5 Continue to promote environmental education through various programs including television, brochures, lectures and other public relations methods. G.IA.6 27.1.6 Maintain at least four percent (4%) of the totalland in the City as "recreation open space" park uses by enforcing the City's current open space land dedication requirements. 27.1.7 In order t-o preserve "recreation open space" as defined herein for passi',<e recreation pursuits, direct the de'lelopment of recreation facilities t-o "recreation facilities lands. " (Editorial) G.1.4.7 27.1.8 When possible, provide open space properties which have the diversity of resources necessary for nature study and the enjoyment of natural assets in order to assure environmental understanding. G.IA.8 27.1.9 Coordinate recreation planning with other plans concerning water quality, stormwater management, fish and wildlife management, and environmental education. G-5 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 8 Page 6 of 7 Recreation and Open Space G.IA.9 27.1.10 Enhance the image of Clearwater by developing gateway corridor beautification projects. G.1.4.l0 27.1.11 Beautify and provide recreation and open space opportunItIes for the commercial redevelopment areas of Clearwater Beach, and Downtown ana Gulft-o Bay, through the City's mission, vision and priority initiatives as articulated in the annual budget document "One City, One Future" Plan. (EAR Part IV). G.l.5 27.5 Objective - Enhance and maintain the City's unique physical characteristics by making the best use of existing and potential recreation lands and open spaces. Policies G.1.5.l 27.5.1 The City shall be responsible for maintaining the environmental integrity of significant and unique areas owned by the City. G.1.5.2 27.5.2 Incompatible land uses located in or near recreational areas and any action, which is known to have severe adverse impacts on such areas, should be minimized or abolished. G.1.5.3 27.5.3 The City should utilize and preserve areas of ecological, historical, or archaeological value for parks and recreation when possible. G.1.5A 27.5.1 The historic preservation components of the City's Comprehensive Plan, the Florida Department of State and private historical and archaeological organizations should be consulted when considering development or redevelopment of lands thought to have some historical or archaeological significance. G.1.5.5 27.5.5 Coordinate with other federal, state or local agencies and/or non-profit organizations to manage natural areas and open space when appropriate. G.1.5.6 27.5.6 Enhance open space and natural areas by restoring degraded natural communities and eradicating non-native vegetation. G.l.6 27.6 Objective - Develop new and enhance existing blueways, greenways and recreational trail systems throughout Clearwater. Policies G.1.6.l 27.6.1 The City will continue to develop greenways and trails as identified III Shifting Gears-Clearwater's Bicycle and Pedestrian Master Plan. G.1.6.2 27.6.2 The City will provide new access or enhance/maintain existing access to water bodies where possible for recreational use. G-6 2008 EAR Based Amendments Attachment number 8 Page 7 of 7 Recreation and Open Space Goals, Obiectives and Policies G.l.7 Obiective - The City shall take an active role as a facilitator in providin2: recreation, park facilities, trails, cultural activities, and art opportunities for the needs of citizens and visitors of the City of Clearwater as articulated in the City's 2002 Parks and Recreation Svstem Master Plan, the 2002 Clearwater Cultural Plan, the City's 2005 Public Art Ordinance and the City's 2006 Shiftinf! Gears: Bicvcle and Pedestrian Master Plan. (Prevared in cooveration with Parks & Rec., as ver EAR Parts II and IV) Policies G.1.7.l As funds become available, the City will continue to implement the priority, medium term and long term actions, and continuous actions/policies as detailed in the 2002 Parks and Recreation System Master Plan. (Prepared in cooperation with Parks & Recreation, as per EAR Parts II and IV) G.1.7.2 As funds become available, the City will continue to implement the goals, obiectives and strategies of the 2002 Clearwater Cultural Plan, and The Public Art Ordinance, 2005. (Prepared in cooperation with Parks & Rec., as per EAR Parts II and IV) G.1. 7.3 The Parks and Recreation Department will act as the City liaison for the Sister City program as a way to promote education and understanding between different world cultures. (prepared in cooperation with Parks & Rec., as per EAR Parts II and IV) G.1.7.4 As funds become available, the City will continue to implement the actions outlined in Shiftinf!. Gears: Bicycle and Pedestrian Master Plan, 2006. (Prepared in cooperation with Parks & Rec., as per EAR Parts II and IV) G.l.8 Obiective - The City of Clearwater shall ensure the provision of facilities for the a2:in2: population. (proposed as an update to this element, this new objective and new policy are related to a new program in Parks and Recreation Department that was put into effect since the preparation of the 2006 EAR). Policies G.1.8.l The City of Clearwater shall complete the development of the proposed Aging Well Master Plan. (Proposed as an update to this element, this new objective and new policy are related to a new program in Parks and Recreation Department that was put into effect since the preparation of the 2006 EAR). G-7 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 9 Page 1 of 12 Capital Improvements I. CAPITAL IMPROVEMENTS ELEMENT The intent of the capital improvements element is to provide a component that outlines principles for construction, extension, or increase in capacity of public facilities, which are necessary to implement the comprehensive plan and to provide estimated public facility costs, needs, generallocation of the facilities, and proiected revenue sources to fund the facilities. Standards to ensure the availability and the adequacy of public facilities including acceptable levels of service (LOS) and standards for the management of debt are included in the element. A schedule of capital improvements, which includes details, agreements and revenue sources for all publicly and privately funded proiects, is necessary to ensure that adopted level-of-service standards (LOS) are achieved and maintained. Transportation improvements in coordination with the Pinellas County Metropolitan Planning Organization (MPO) are included. The City's 6-year Capital Improvements Program (CIP) provides the mechanism to implement the capital portion of the City Comprehensive Plan and support the City Council's "Vision" priorities. The CIP, updated by ordinance within the City's annual operating and capital budget, meets the state requirement to cover at least a 5-year period. A copy of the ordinance which updates the CIP is required to be transmitted annually to the state land-planning agency, the Department of Community Affairs (DCA). Capital Improvements Element Needs Summary The following summarizes several of the current capital improvements and funding sources proposed for public facilities supported in the other Comprehensive Plan Elements and as specified in the City's six- year schedule of the Capital Improvement Program (CIP) that is updated and adopted annually by the City Council: Capital Impro'.'ements Element (Some projects previously indicated in this section were completed as noted - examples of planned improvements for public facilities supported in the other Comprehensive Plan Elements are listed below. Capital needs are addressed annually within the CAPITAL IMPROVEMENT ORDINANCE that includes the complete schedule for the City's Capital Improvement Program with detailed project descriptions as given in the annual fiscal year operating and capital budget document and those that are linked to the Comprehensive Plan are referenced to applicable GOP's. The annual fiscal year budget document will be provided as data and analysis for this element and submitted to DCA annually with the update to the CIE). . Transportation,l Major Street Maint-enance projects t-otal $21.1 million o'.'er the nmct six years and include funding for the traffic calming program, street maintenance and resurfacing, beach streetscape, S.R. 60 beautification and North Green'liOod corridor enhancements. . The $1.25 million Druid Road Improvements proi ect is planned in 2008/09 for the completion of the Druid Road Trail section of the Pinellas Trail from Glen Oaks Park to the Memorial Causeway Bridge. Improvements include landscaping, sidewalks and bike paths. Funding is Penny for Pinellas. I-I 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 9 Page 2 of 12 Capital Improvements . The City's Streets and Sidewalks Program is currently budgeted for $17.976 million on the six- year CIP schedule with a funding source of road millage. . The City proposes a total of $68.4 million of improvements within the City's Stormwater Infrastructure Program over the six year CIP period. The funding sources for this project are the Stormwater Fund and a Future Bond Issue. . The $1.262 million Commercial Container Acquisition CIP project is planned through Solid Waste funds. . The $20.7 million Reclaimed Water Distribution System CIP project is being funded through: $1.3 million from Water Funds, $2.894 million from FY'08 Bond Issue, $12.112 million from Future Bond Issue and $4.392 million from Utility R&R. . The outdated Memorial Cause\vay Bridge will be replaced '.'lith a new $10 million archit-ecturally unique bridge that will include pedestrian facilities and serve as a Pinellas Trail spur to the beach in 2001. (This project was completed). . Park Development 'liill total $17 million over the next six years and include improvements to Ruth Eckerd Hall, the Long Cent-er, North Grcen'.'lood Recreation Compl0)(, Ross Nort-on Complex and development of the Harbor BlufnVaterfront Park. (Completed projects). . The construction of a $10. g million high tech, stat-e of the art, signature neVi Main Library will be construct-ed in 2002 in downt-o'.vn. (Completed project). . The $2.8 million Memorial Causeway Ci'lic Center is scheduled for construction in 2001 and will provide community meeting space. Library space, police substation, visitor information cent-er and the Jolly Trolley station. (projects completed - some were incorporated into other city facilities). . The Town Pond, downtown storm facility, will prm'ide an expanded st-ormwat-er facility to resolve persistent flooding of streets and structures. The total cost of the project is 6.2 million and is scheduled for construction in 2002. (Completed project). . SeYier system improvements will total oyer $30 million the next six years and '.viII include wat-er pollution control, sanitary sewer ext-ensions and expansion and impro'/ement of current facilities. (These phases of projects completed). . V/ater syst-em improvements total over $30 million the next six years and 'liill include expansion of the reclaimed water syst-em, impro'/ement of the wat-er supply and treatment facilities, infrastructure imprm'ements and o'.'erall system expansion. (These phases of projects completed). 1-2 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 9 Page 3 of 12 Capital Improvements GOALS, OBJECTIVES AND POLICIES 1.1 ~. GOAL - IT IS A GOAL OF THE CITY OF CLEARWATER TO PROVIDE ESSENTIAL PUBLIC FACILITIES IN A TIMELY, EFFICIENT AND FISCALL Y SOUND MANNER. 1.1.1 ~ Objective - The Capital Improvements Element (CIE) of the Com- prehensive Plan of the City of Clearwater shall be reviewed and adopted annually in light of the needs addressed in the various elements of the Comprehensive Plan including the fifth year needs of each subsequent adoption. Policies 1.1.1.1 ~ The CIE shall be reviewed on an annual basis and modified as necessary in accordance with F.S. 163.3187 or 163.3189 in order to maintain a financially feasible (minimum) 5-year schedule of capital improvements. Corrections and modifications concerning costs, revenue sources, or acceptance of facilities pursuant to dedications which are consistent with the plan may be accomplished by ordinance and shall not be deemed to be amendments to the comprehensive plan and adopt-ed annually prior to or concurrent Yiith the review and adoption of the City's Capital lmpro'lements Program (CIP), and capital impro'lement projects included in the CIE schedule of capital impro'.'ements shall be included in the same year's CIP. (Revised as per current language ofF.S. 163.3177). 1.1.1.2 ~ Amendments to the Capital Improvements Element schedule may occur once a year and may be processed separately from the City's two large-scale amendment submissions as necessary to coincide with the adoption of the City's annual operating and capital budget. The City shall be permitt-ed to amend the Schedule of Capital Improvements two times during any calendar year and as allowed for emergencies, developments of regional impact and certain small scale de'/elopment acti'lities pursuant t-o Florida Statutes 163.31g7. (Revised as per current language ofF.S. 163.3187). 1.1.1.3 ~ The CIE shall pertain to the include major projects identified as needed in the elements of the comprehensive plan and which have an estimated cost of more than $100,000. This does not preclude the inclusion of other needs identified in the comprehensive plan of less than $100,000 in the City's annual Capital Improvements Program. (Editorial) 1.1.1.4 ~ Any act or failure to act that causes any project listed in the Schedule of Capital Improvements of this Comprehensive Plan to be scheduled for completion in a fiscal year later than the fiscal year indicated in the Schedule of Capital Improvements shall be effective only if the act causing the delay is subject to one of the following: 1. Proj ects providing capacity equal to or greater than the delayed proj ect are accelerated or added to the Schedule of Capital Improvements in order to provide capacity of public facilities in the fiscal year at least 1-3 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 9 Page 4 of 12 Capital Improvements equal to the capacity scheduled prior to the act which delayed the subject project. 2. Modification of development orders issued conditionally or subject to the concurrent availability of public facility capacity provided by the delayed project. Such modification shall restrict the allowable amount and schedule of development to that which can be served by the capacity of public facilities according to the revised scheduled. 3. Amendment of the Plan to reduce the adopted standard for the level of service for public facilities until the fiscal year in which the delayed project is scheduled to be completed. 1.1.1.5 ~ Capital improvements projects proposed for inclusion in the schedule of capital improvements should be evaluated on the following criteria and considered in the priority listed below: 1. New public facilities and improvements to existing public facilities that eliminate public hazards (Priority 1); 2. A repair, remodeling, renovation or replacement of obsolete or worn out facilities that contribute to achieving or maintaining standards for levels of service (Priority 2); 3. New or expanded facilities that reduce or eliminate deficiencies in levels of service for existing demand (Priority 3); 4. New or expanded facilities that provide the adopted levels of service for new development and redevelopment during the next five fiscal years as updated by the annual review of this element in the following priority order serve: (a) Previously approved orders permitting redevelopment; (b) Previously approved orders permitting development; (c) New orders permitting redevelopment; and (d) New orders permitting new development (Priority 4); 5. Improvements to existing facilities and new facilities that significantly reduce the operating costs of providing a service or facility or otherwise mitigate impacts of public facilities on future operating budgets (Priority 5); 6. New facilities that exceed the adopted levels of service for growth during the next five fiscal years by either providing excess public facility capacity that is needed by future growth beyond the next five fiscal years or providing higher quality public facilities (Priority 6); 7. Facilities not described above but which the City is obligated to complete provided that such obligation is evidenced by a written agreement the City executed prior to adoption of this Plan (Priority 7); 1-4 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 9 Page 5 of 12 Capital Improvements 1.1.1.6 ~ Projects relating to the renewal and/or replacement of essential public facilities shall be included in the annual adoption of the capital improvements element when the renewal and/or replacement is required to maintain a minimum b!evel ofS~ervice and is more than $100,000. 1.1.1.7 ~ Maximum use will be made of user fees, intergovernmental transfers, and other funding sources to limit the use of ad valorem revenues for funding capital improvements. 1.1.1.8 ~ The City shall, in cooperation with Pine lias County as approved by the voters in March 1997, maintain institute a Local Government Infrastructure Surtax (LGIS) for the purpose of supplementing current revenue sources in order to fund the capital improvements called for in this Plan. (Editorial) 1.1.1.9 ~ As stated in the City Charter, the total indebtedness, which for the purpose of this limitation shall include revenue, refunding and improvement bonds, of the City of Clearwater shall not exceed twenty percent (20%) of the current assessed valuation of all real property located in the City; and the total budgeted expenditures in any fiscal year shall not exceed the total estimated revenue plus any unencumbered funds carried forward from a prior fiscal year. 1.1.1.10 32.1.10 The City recognizes the value and will prioritize capital improvements associated with redevelopment plans and special area plans. 1.1.2 ~ Objective - Management of Clearwater's coastal storm area WIle shall limit public expenditures to those necessary to serve existing and planned development. (Internal consistency) Policies 1.1.2 .1 ~ City infrastructure located in the coastal high hazard areas shall be given first priority in receiving renourishment projects, necessary maintenance, and repair and replacement projects; the coastal high hazard area is defined by the Sea, Lake and Overland Surf!.es from Hurricanes (SLOSH) model to be inundated from a category one (1) hurricane, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas. det-ermined to be c'ltlcuation le'"el "A" zone for a Category 1 hurricane as delineated by Pinellas County and the Tampa Bay Regional Planning Council. 1.1.2 .2 ~ Damaged infrastructure shall be replaced or rebuilt to minimize the potential for future damage. Unless the facility is necessary to serve the population of the coastal storm area ffifle, consideration shall be given to relocating public facilities outside the coastal storm area ffifle. (EAR Part V). 1.1.2.3 ~ Infrastructure damage in coastal high hazard areas during previous storms was limited to beach and water-dependent uses. Repairs and rebuilding of sewage treatment plants and lift stations damaged in future storms shall be conducted with such methods to minimize disaster hurricane vulnerability. (EAR Part V). 1-5 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 9 Page 6 of 12 Capital Improvements 1.1.2 .4 ~ The following infrastructure improvements shall be specifically considered as part of the local coastal zone management element for purposes of consistency with applicable State law: expansion/rebuilding of Memorial Cause'.vay Bridge and addition of turn lanes; expansion of public park and beach access facilities; beach renourishment, and addition of sanitary sewer and street drainage capacities, as needed, to implement water quality objectives. These improvements should be ~ consistent with the leeal coastal ~management element and are eligible for State funds, which are now or may become available. (EAR Part IV). 1.1.2.5 ~ Level of service standards will not be the exclusive determinant of the need for a capital improvement in the coastal high hazard area when a repair, remodeling, renovation or replacement of an obsolete or worn out facility, as determined by the City Manager and City Council Commission, is necessary or when capital improvements are provided in excess of the standards adopted in this Plan based upon the following criteria: (Editorial) 1. The capital improvement does not make financially infeasible any capital improvement of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Plan; and 2. The capital improvement does not contradict, limit or substantially change the goals, objectives and policies of any element of this Plan; and 3. The excess capacity is an integral part of a capital improvement that is needed to achieve or maintain standards for levels of service; or 4. The excess capacity provides economies of scale making it less expensive than a comparable amount of capacity if acquired at a later date; or 5. The property as58t acquired is land that is environmentally sensitive or designated by the City as necessary for conservation, recreation or protection of coastal high hazard areas; or (Editorial) 6. The excess capacity is part of a capital project financed by general obligation bonds approved by referendum. 1.1.3 ~ Objective - No development order shall be approved where the development would increase the demand on essential public facilities to the point that the lbevel of ~Service provided by an essential public facility is reduced to below the minimum ll,evel of ~Service standard for that facility as described herein. Policies 1.1.3.1 ~ Essential public facilities as defined in this plan include and are limited to those facilities relating to sanitary sewer, solid waste, stormwater drainage, potable water, transportation, public school facilities, and parks and recreation systems. (Editorial) 1-6 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 9 Page 7 of 12 Capital Improvements 1.1.3.2 ~ 1.1.3.3 ~ 1. The City shall determine, prior to the issuance of development orders, whether sufficient capacity of essential public facilities to meet the minimum standards for levels of service for the existing population and a proposed development will be available concurrent with the impacts of the proposed development. If it is determined that sufficient capacity of essential public facilities will be available concurrent with the impacts of a proposed development, a final development order may be issued in accordance with the following schedule: For potable water, sanitary sewer, solid waste and stormwater drainage, the concurrency requirement will be satisfied if: (Editorial) (a) The necessary facilities are in place at the time the order is issued; or (b) The order is issued subj ect to the condition that the necessary facilities will be in place when the impacts of the development occur; or (c) The necessary facilities are under construction at the time the order is issued; or (d) The necessary facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections (a) through (c) above. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. The agreement must guarantee that the necessary facilities will be in place when the impacts ofthe development occur. 2. For parks and recreation, the concurrency requirement will be satisfied by the criteria contained in Policy 32.3.3.1 or if: (a) At the time an order is issued, the necessary facilities are the subj ect of a binding executed contract which provides for the commencement of the actual construction of the required facilities or the provision of services within one year of the issuance of the order; or (b) The necessary facilities are guaranteed in an enforceable development agreement, which requires the commencement of the actual construction of the facilities within one year of the issuance of the applicable development order. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. 1-7 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 9 Page 8 of 12 Capital Improvements 3. For roads and mass transit, the concurrency requirement will be satisfied by the criteria contained in Policy 32.3.3.1 or Policy 32.3.3.2 or if, in areas in which the City has committed to provide the necessary public facilities in accordance with the schedule of capital improvements, actual construction of the road or mass transit facilities is scheduled to commence in of before the third year of the schedule provided that the necessary public facilities will be available to accommodate the impact of the development. 4. For public school facilities, the concurrency requirement will be satisfied by the criteria contained in Policy 32.3.1 or Objective 32.7 and Policies 32.7.1 through 32.7.6 that set forth the concurrency requirements for public school facilities in accordance with the Public Schools Interlocal Agreement pursuant to Section 163.31777, F.S. 1.1.3.4 ~ A developer may propose developments in stages or phases so that facilities needed for each phase will be available in accordance with the criteria contained in Policy 32.3.3. 1.1.3.5 ~ An applicant for a preliminary development order may request a determination of the capacity of the essential public facilities as part of the review and approval of the preliminary development order provided that: (Consistency with Community Development Code) 1. The determination that such capacity is available shall apply only to specific uses, densities and intensities based on information provided by the applicant; 2. The determination that such capacity is available shall be valid for the development that is completed within a period not to exceed two years or such later period as may be provided for in a development approval; (Editorial) 3. The determination that such capacity is available shall be valid for development that is completed within any period of time acceptable to the City and the applicant provided that: (a) The period of time is explicitly set forth in a binding development agreement as authorized by Florida Statutes; (b) The applicant provides one or more of the following assurances acceptable to the City in form and amount to guarantee the applicant's pro rata share of the City's financial obligation for public facilities which are constructed by the City for the benefit of the subj ect property: 1. performance bond, 11. irrevocable letter of credit, 111. prepayment of impact fees, 1-8 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 9 Page 9 of 12 Capital Improvements IV. prepayment of capacity, or v. formation of a Community Development District pursuant to Chapter 190, Florida Statutes. (c) Whenever an applicant's pro rata share of a public facility is less than the full cost of the facility; the City shall do one of the following: 1. contract with the applicant for the full cost of the facility including terms regarding reimbursement of the applicant for costs in excess of the applicant's pro rata share; or 11. obtain assurances similar to those in subsection (b) above from other sources; or 111. amend this Comprehensive Plan to modify the adopted standard for the level of service so as to reduce the required facility to equal the applicant's needs. (d) No further determination of capacity for the subject property shall be required prior to the expiration of the determination of capacity for the preliminary development order and the subj ect property shall be vested with the right to obtain final development orders subject to the requirements ofthis section. 1.1.3.6 ~ An applicant for a preliminary development order may alternatively elect to request approval of a the preliminary development order without a determination of the capacity of essential public facilities provided that any such order is issued subject to requirement in the applicable land development regulation or to specific conditions contained in the preliminary development order that: (Consistency with Community Development Code) 1. Final development orders for the subject property are subject to a determination of capacity ofthe essential public facilities; and 2. No rights to obtain final development orders nor any other rights to develop the subject property have been granted or implied by the City's approval ofthe preliminary development order. 1.1.3.7 ~ Standards for the minimum Ibevel of ~Service to be provided by essential public facilities within the jurisdiction of the City of Clearwater are established in the applicable element. (Editorial) 1.1.4 ~ Objective - Future development shall be required to bear a proportionate share of the facility improvements necessitated by the development in order to maintain the adopted level of service standards. 1-9 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 9 Page 10 of 12 Capital Improvements Policies 1.1 A .1 ~ The City will use impact fees as a means of financing capital improvements of essential public facilities, which are necessary to maintain, adopted Ibevel of ~Service standards for new construction or development. (Editorial) 1.1 A .2 ~ By 2010, r&eview impact fee structures to assure that assessments are sufficient to cover an appropriate portion of the costs incurred by new development. (Editorial) I.1A.3 ~ Establish an appropriate interval for the continuing review ofthe amounts to be assessed new developments for impact fees. 1.1 A A *4-4 Existing development shall pay for some or all of the capital improvements that reduce or eliminate existing deficiencies, some or all of the replacement of obsolete or worn out facilities, and may pay a portion of the cost of capital improvements needed by future development. I.1A.5 ~ Existing development's payments may take the form of user fees, special assessments and taxes. I.1A.6 ~ The applicants/parties involved with fFuture development shall pay for some or all of the capital improvements needed to address the impact of such development and may pay a portion of the cost of the replacement of obsolete or worn out facilities. (Editorial) I.1A.7 ~ Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, capacity fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Future development shall not pay impact fees for the portion of any capital improvement that reduces or eliminates existing deficiencies. 1.1.5 ~ Objective - Continue to administer the City of Clearwater concurrency management ordinance which compares the impacts of development orders with available essential public facilities and/or the fiscal feasibility of additional essential public facilities. Policies 1.1.5.1 ~ In 1990, the City instituted a concurrency management ordinance for the thoroughfare system, which states that sufficient capacity exists prior to certificate of occupancy. The City shall continue to work with Pine lias County MPO on updates to the A LOS report shall be prepared by the City in coordination with Pine lias County to ensure the continued monitoring of the LOS using data available from the computerized traffic signal system. This system shall continue to include access management considerations such as: requiring issuance of applicable driveway permits from the FDOT as a condition for final site plan approval, inclusion of access points on non- residential collector streets wherever possible, and may require grouping of 1-10 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 9 Page 11 of 12 Capital Improvements driveways, restriction of curb cuts or restrictions or phasing of development as a condition of approval. (EAR Part IV). 1.1.5.2 ~ The City shall recognize the overriding Constitutional principle that private property shall not be taken without due process of law and the payment of just compensation, which principle is restated in Section 163.3194 (4) (a) Florida Statutes. 1.1.5.3 ~ In the planning of capital improvements, the City shall consider the effect of such improvement on local resources listed on the National Register of Historic Places with the intent to preserve the integrity of such places. 1.1.5.4 32.5.1 In the planning of capital improvements, the City shall consider the effects of controversial public facilities, such as landfills, prisons, 'NasteViat-er treatment facilities, and power lines, with the intent of locating them in areas where they may best serve their purpose and have the fewest negative impacts. (EAR Part IV) 1.1.5.5 The City will require developers to provide necessary documentation as applicable for tracking purposes to assure that the de minimis transportation impact threshold has been met. (EAR Part V). 1.1.6 ~ Objective - The City shall recognize that rights to develop or redevelop property should be granted in accordance with established binding development agreements and consistent with the intent to provide facilities concurrent with the impact of development. Policies 1.1.6.1 ~ Developments of Regional Impact which are the subject of and in compliance with an adopted Development Order may continue to develop consistent with the terms of Order Chapter 380 F.S., and appropriate administrative rules. 1.1.6.2 ~ Beginning the time of plan adoption, all applications for building permit which are located on backlogged road facilities shall be reviewed and monitored for consistency with this Comprehensive Plan. 1.1.6.3 ~ Any new application for a development order or revalidation of a building permit, site plan, or subdivision plat requested after May 1990 shall be subject to concurrency review. Previously approved site plans or plats shall be valid for the period of their initial approval or revalidation if granted prior to May 1990. 1.1.7 ~ Objective - The City, in coordination with the School District, shall ensure that the capacity of public schools is sufficient to support the anticipated students from residential site plans and final residential subdivision approvals consistent with the adopted level-of-service standard for public schools. Policies: 1.1.7.1 ~ The City shall utilize the following level-of-service standard for public school facilities, which shall be applied consistently district-wide by the School 1-11 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 9 Page 12 of 12 Capital Improvements District and by the local governments within Pine lias County that signed the Public Schools Interlocal Agreement (the partner local governments). District-wide Ibevel of ~Service Standard: Student enrollment plus vested students divided by Florida Inventory of School Houses (FISH) School Capacity plus additional capacity does not exceed 100 percent. This level-of- service standard shall apply to each type of public school facility. (Editorial) 1.1.7.2 ~ Amendments to the adopted level of service shall be accomplished using the procedure contained in Section 10 of the Public School Facilities Interlocal Agreement. 1.1.7.3 ~ The School Capacity and Level of Service Report, prepared by the School District, approved by the School Board, and delivered to the City no later than November 30th of each year, and as adjusted throughout the year based on the official student enrollment count of the fall semester and the estimated number of vested students, shall be utilized by the City as the basis for assessing the existing level of service conditions and the available capacity within each Concurrency Service Area. 1.1.7.4 ~ By December 1 st of each year, the City shall adopt by reference the School District's Five-Year Work Program to ensure the level of service standard is achieved and maintained during the period covered by the five-year schedule within the Capital Improvements Element. 1.1.7.5 ~ The School Board, in coordination with the partner local governments, will use the procedure in Section 3(a) of the Public Schools Interlocal Agreement to annually update the District's Five-Year Work Program to maintain a financially-feasible capital improvements program that is able to achieve and maintain the adopted level of service standard within the period covered by the five-year schedule. 1.1.7.6 ~ The City hereby adopts by reference the School District's Five-Year Work Program for FY 2007/08 through 2011/12, as adopted by the School Board on September 11,2007. 1-12 2008 EAR Based Amendments Attachment number 10 Page 1 of 12 Goals, Obi ectives and Policies Public School Facilities J. PUBLIC SCHOOL FACILITIES The Public School Facilities Element (PSFE) forms the basis for implementing school concurrency and other subjects addressed in the Public Schools Interlocal Agreement that was entered into between the Pinellas County School Board, twelve municipalities, and Pine lias County Government. The Florida Statutes require this element to be included in the city's comprehensive plan. Public School Facilities Needs Summary . The City acknowledges the need to continue its membership and participation with the Pine lias County School Planning Workgroup and Pine lias Schools Collaborative for consistency with the Public School Facilities Elements throughout the county. . The City recognizes the need to participate in a concurrency program to track development countywide, ensuring that public school facilities will not be adversely affected by additional development and redevelopment. . The City will continue to work together with its partner governments, Pine lias County and the Pine lias County School Board on a model school concurrency system for tracking purposes and a procedures manual. J-l Attachment number 10 Page 2 of 12 Goals, Obi ectives and Policies Public School Facilities GOALS OBJECTIVES AND POLICIES J.l JJ. GOAL - THROUGH PARTNERSHIPS AND EFFECTIVE COLLABORATION AMONG LOCAL GOVERNMENTS AND THE PINELLAS COUNTY SCHOOL DISTRICT, AND BECAUSE OF A SHARED COMMITMENT TO EDUCA TIONAL EXCELLENCE, ALL STUDENTS OF THE PINELLAS COUNTY SCHOOL DISTRICT SHALL BE PROVIDED THE OPPORTUNITY FOR HIGH STUDENT ACHIEVEMENT THROUGH THE A V AILABLITIY OF HIGH QUALITY PUBLIC EDUCAITONAL FACILITIES. J.l.l JJ.d. Objective - The City, its partner local governments, and the School District agree to coordinate and base their plans upon consistent projections of population growth and student enrollment, and will coordinate in sharing of information on proposed school facility changes, certain planned infrastructure improvements, and proposed land use plan amendments and/or rezonings that increase or decrease residential densities. Policies 1.1.1.1 ~ The City, its partner local governments, and the School District, will utilize population growth proj ections prepared by the Pine lias County Metropolitan Planning Organization's Technical Coordinating Committee, when developing their plans and student enrollment projections, consistent with Section 2 of the Public Schools Interlocal Agreement. 1.1.1.2 ~ To ensure that land use and zoning decisions are adequately coordinated with public school facility planning, the City shall continue to notify the School District of all Local Planning Agency hearings where land use plan amendments and/or rezonings will be considered that increase or decrease residential densities. 1.1.1.3 ~ The City shall inform the School District in advance of infrastructure projects that will restrict vehicular or pedestrian accessibility to public schools with sufficient time for School District review and comment, in compliance with Section 3(b) of the Public Schools Interlocal Agreement. An example would be infrastructure proj ects that would disrupt the use of sidewalks that are utilized by students accessing public school facilities. 1.1.1.4 ~ The School District shall notify the City of the need for on site or off-site improvements to support new, proposed expansion, or redevelopment of existing schools within the jurisdiction of the City. Thereafter, representatives of the School District and Clearwater will meet and determine the responsibility for making such improvements and identify other agencies that should be involved. The School District and the City will then meet with the other agencies to coordinate the completion of the on-site and off-site improvements, in accordance with Section 5 of the Public Schools Interlocal Agreement. J-2 Attachment number 10 Page 3 of 12 Goals, Obi ectives and Policies Public School Facilities J.l.2 ~ Objective - The City, through implementation of its concurrency management system for public school facilities, and in coordination with the School District, shall ensure that there is available public school capacity to support the anticipated students from residential site plans and final residential subdivision approvals ("Residential Approvals") consistent with the adopted level-of-service standard for public school concurrency throughout the five years covered by the Five-Year Work Program, as amended, and the period of the long-range planning program contained in the Public School Facilities Element. Policies 1.1.2.1 ~ The City hereby adopts, consistent with Section 11 of the Public Schools Interlocal Agreement, the following level-of-service standard, which shall be applied consistently district-wide by all partner local governments within Pine lias County and by the School District. District-wide Level-of-Service Standard: Student enrollment plus vested students divided by Florida Inventory of School Houses (FISH) School Capacity plus additional capacity does not exceed 100 percent. This level-of-service standard shall apply to each type of public school facility. 1.1.2.2 ~ If the utilization rate established by the State Requirements for Educational Facilities (SREF) is changed and it will impact how the School District determines school capacity, the School District will notify all partner local governments of the change. 1.1.2.3 ~ Amendments to the adopted level-of-service standard shall be accomplished using the procedure contained in Section 10 of the Public Schools Interlocal Agreement. 1.1.2.4 ~ School concurrency shall be measured and applied on the basis of Concurrency Service Areas, as established by the School Board and as documented in the data and analysis support section of the Public School Facilities Element. 1.1.2.5 ~ The School Board shall maXImIze school capacity through program adjustments and/or through adjustments to Concurrency Service Area boundaries, consistent with Section 12 of the Public Schools Interlocal Agreement, to ensure that each Concurrency Service Area will, in the aggregate, operate at the adopted level-of-service standard throughout the five-year period covered by the Five-Year Work Program, as amended. 1.1.2.6 ~ When adjusting Concurrency Service Area boundaries, the School Board shall take into consideration the factors identified in Section 12 of the Public Schools Interlocal Agreement. J-3 Attachment number 10 Page 4 of 12 Goals, Obi ectives and Policies Public School Facilities J-4 Attachment number 10 Page 5 of 12 Goals, Obi ectives and Policies Public School Facilities J-5 Attachment number 10 Page 6 of 12 Goals, Obi ectives and Policies Public School Facilities included as a part of the Public School Facilities Element of the City of Clearwater Comprehensive Plan. These maps will be used in addressing any existing facility deficiencies and future public school facility needs in accordance with 163.3177(12)(h), F.S. J.l.4 JJA. Objective - The City shall practice effective intergovernmental coordination with its partner local governments and the School District to ensure that land use plans, development approvals, and capital facilities planning are coordinated with the availability of public school facilities. Policies 1.1.4.1 ~ The City shall appoint one elected official to represent the City's interest to the Pine lias Schools Collaborative, to provide for collaborative oversight and to provide coordination and direction regarding the conduct of the school concurrency process and implementation of the Public Schools Interlocal Agreement. 1.1.4.2 ~ The City, the School District, and partner local governments shall coordinate annually in preparing a staff report on the effectiveness of school concurrency that will be presented at the annual meeting of the Collaborative, with the annual School Capacity and Level of Service Report forming the basis for the staff report. 1.1.4.3 ~ The City shall coordinate with the Pine lias County Planning Department in the maintenance of a countywide residential development tracking system, by providing necessary and timely development data, including demolitions and vested development data, required to accurately assess the impact of Residential Approvals on available school capacity. 1.1.4.4 JJ.A-4 Amendment of the Public Schools Facilities Element shall occur according to the procedure in Section 10 of the Public Schools Interlocal Agreement to ensure that the Element within the local government comprehensive plans remains coordinated and consistent with one another and with the plans of the School Board. 1.1.4.5 ~ The City, its partner local governments, and the School District shall coordinate in establishing a procedural manual for implementation of school concurrency. This manual and any subsequent changes to the manual will be developed by the School Planning Workgroup and approved by the Pine lias Schools Collaborative. J.2 M. GOAL - THE CITY SHALL COORDINATE WITH ITS PARTNER LOCAL GOVERNMENTS AND THE SCHOOL DISTRICT ON PROJECTS THA T ENCOURAGE COHESIVE NEIGHBORHOODS, THA T CONTRIBUTE TO COMMUNITY BUILDING, AND THA T PROVIDE FOR LONG- TERM SUSTAINABILITY. J-6 Attachment number 10 Page 7 of 12 Goals, Obi ectives and Policies Public School Facilities J.2.1 Md Objective: The City shall support efforts that facilitate coordination of planning between the City and the School District for the location and development of public educational facilities. Policies 1.2.1.1 M-:-l-:-l The City shall participate with the School District in the process of evaluating potential school closures, significant renovations to existing schools, and school site selection before land acquisition in accordance with Section 4 of the existing Public Schools Interlocal Agreement filed on April24, 2007. 1.2.1.2 ~ For purposes of Objective 34.1, public educational facilities are defined as elementary schools, special education facilities, alternative education facilities, middle schools, high schools, and area vocational-technical schools of the Pine lias County School District. 1.2.1.3 ~ Public educational facilities of the School District are an allowable use within the following land use categories in the City: . Residential Estate . Residential Suburban . Residential Low . Residential Urban . Residential Low Medium . Residential Medium . Residential/Office Limited . Residential/Office General . Institutional 1.2.1.4 ~ The location and construction of new public educational facilities, or the expansion of an existing site, within one of the future land use category listed in Policy 34.1.3 shall only be allowed upon a determination by the City that the proposed site is consistent with the City of Clearwater Comprehensive Plan. 1.2.1.5 ~ In addition to consistency with the City of Clearwater Comprehensive Plan, the proposed location of a new or expanded public educational facility of the School Board within one of the land use categories listed in Policy 34.1.3 shall be reviewed and considered with the following general criteria: 1. The proposed location is compatible with present and projected uses of adj acent property. 2. The site area of the proposed location is adequate for its intended use based on the State Requirements for Educational Facilities and provides sufficient area to accommodate all needed utilities and J-7 Attachment number 10 Page 8 of 12 Goals, Obi ectives and Policies Public School Facilities support facilities and allow for adequate buffering of surrounding land uses. 3. Based on the Five-Year Work Program of the School Board and the City Comprehensive Plan, there will be adequate public services and facilities to support the public educational facility. 4. There are no significant environmental constraints that would preclude development of a public educational facility on the site. 5. There will be no adverse impact on archaeological or historic sites listed in the National Register of Historic Places or designated by a local government as locally significant historic or archaeological resources. 6. The proposed location is well drained and soils are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements. 7. The proposed location is not in conflict with the City's Stormwater Management Plan and any watershed management plans adopted by the City, if applicable. 8. The proposed location is not in a velocity flood zone or a floodway. 9. The proposed location can accommodate the required parking and anticipated queuing of vehicles onsite. 10. The proposed location lies outside the area regulated by Section 333.03(3), F.S., regarding the construction of public educational facilities in the vicinity of an airport. J.2.1.6 ~ The following criteria shall also be used to evaluate whether proposed locations of specific types of schools are consistent with the City Comprehensive Plan: Elementary Schools, Special Education Facilities, and Alternative Education Facilities 1. The proposed location shall have direct access to at least a collector road or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads oflesser classification. 2. Outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. J-8 Attachment number 10 Page 9 of 12 Goals, Obi ectives and Policies Middle Schools Public School Facilities 1. The proposed location shall have direct access to at least a collector road or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads oflesser classification. 2. Outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. High Schools 1. The proposed location shall have direct access to at least a collector road, or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification. 2. Stadiums, outdoor recreational facilities, and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. Vocational-Technical Schools 1. The proposed location shall have direct access to at least a collector road, or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification. 2. Industrial education facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. 1.2.1.7 ~ Proposed locations that are less than the standard site acreage as prescribed in the Florida Department of Education State Requirements of Educational Facilities may be determined to be consistent with the City Comprehensive Plan provided the requirements of Section 1013.36, F.S., are met and off-site impacts can be adequately mitigated. 1.2.1.8 ~ A consistency determination for a proposed new site or additional property with the City Comprehensive Plan may be conditioned with references to specific types of public educational facilities. 1.2.1.9 ~ At the time of consistency determination, the City may impose reasonable conditions for development of the site as it relates to any of the criteria in Policies 34.1.5 and 34.1.6. Conditions may not be imposed which conflict with those established in Chapter 1013 of the Florida Statutes or the State Uniform Building Code, unless mutually agreed to by the City and the School District. 1.2.1.10 31.1.10 Before a significant change of program at a public educational facility is implemented, the School District and the City shall require a review of J-9 Attachment number 10 Page 10 of 12 Goals, Obi ectives and Policies Public School Facilities the facility's onsite and offsite impacts. The School District and the City will work cooperatively to mitigate onsite and offsite impacts, including impacts to public facilities, identified through the review. 1.2.1.11 31.1.11 The policies in Objective 34.1 are intended to be consistent with, and not conflict with, the provisions in Chapter 1013, F.S. J.2.2 ~ Objective - Consistent with Section 163.3177(6)(a), F.S., and consistent with the City future land use policies, the City shall explore those opportunities where co-location of public facilities and public schools provides a mutual benefit, serves a desirable community purpose, or represents an efficient use of finances and staff resources. Policies J.2.2.l ~ As the opportunity arises, the City and the School Board, shall evaluate the ability to enter into an agreement to co-locate existing or planned school sites with other public facilities, including but not limited to: bicycle and pedestrian pathways, libraries, parks, community and recreational centers and facilities, museums, performing arts centers, auditoriums, stadiums, healthcare and social services and other uses as may be determined appropriate. 1.2.2.2 ~ Should the City and the School Board determine that the co-location of public facilities is mutually advantageous and desirable, the appropriate method of agreement will be decided upon, and could include such options as, but not be limited to, interlocal agreement, the City of Clearwater resolution, or memorandum of understanding. J.2.3 J4...J OBJECTIVE - The City will support the School District's commitment to sustainable design and operations, as public schools are integral contributors to the quality of the surrounding community. Policies 1.2.3.1 ~ The City and the School District will share information on sustainable design and green building practices, and take advantage of opportunities to incorporate demonstration projects and technologies onsite, so that local schools can serve as community models of environmental efficiency. J.3 ~. GOAL - THE CITY WILL COORDINATE WITH THE SCHOOL DISTRICT AND OTHER LOCAL GOVERNMENTS TO IMPROVE THE SAFETY OF STUDENTS AS THEY ACCESS PUBLIC SCHOOL FACILITIES. J.3.1 ~ Objective - The City shall collaborate with the School District and other local governments to promote safe access for students to public school facilities. J-I0 Attachment number 10 Page 11 of 12 Goals, Obi ectives and Policies Public School Facilities Policies 1.3.1.1 ~ The City shall participate on the School Transportation Safety Committee (STSC) of the Pine lias County Metropolitan Planning Organization (MPO) to identify locations within the County where student safety is a concern, and to develop recommendations in response to student safety issues raised by the School District, local governments, the School Transportation and Enhanced Pedestrian Safety (STEPS) Committee, or the community to enhance the safety of students accessing public school facilities. 1.3.1.2 ~ The City shall consider implementation of recommendations from the STSC that affect its jurisdiction, in coordination with the School District and any agencies that have some involvement in the identified action, to support student access to public schools in a manner that both improves student safety and is compatible with the surrounding community. 1.3.1.3 ~ The City shall cooperate with School District initiatives that implement STSC recommendations for modifications to a school campus. 1.3.1.4 ~ The City shall, in its capital improvement program, determine the priority for construction of those sidewalks, crosswalks, bicycle paths, and other improvements that help to provide continuous access to public schools for pedestrians and bicyclists. 1.3.1.5 ~ The City shall annually update its Capital Improvements Element to identify the School District's capital needs in the Comprehensive Plan, enabling the coordination of existing and planned public school facilities with the required local capital projects needed to provide support services for the safety of public school students. 1.3.1.6 ~ For new development or redevelopment within a two-mile radius of any existing or planned public school facility, the City of Clearwater shall require the developer to construct sidewalks along the corridor contiguous to the property being developed that directly serves the public school facility, in support of Section 1013.36 (5), F.S. and the MPO 2025 Transportation Plan. JA J9.. GOAL - OPPORTUNITIES ARE MAXIMIZED FOR PUBLIC SCHOOLS TO BE DESIGNED SUCH THAT THEY CAN SERVE A VITAL EMERGENCY MANAGEMENT PURPOSE IN TIMES OF DISASTER. JA.l J9.d. Objective - The safety of the public shall be a high priority when designing future public school facilities and renovating existing facilities. J-11 Attachment number 10 Page 12 of 12 Goals, Obi ectives and Policies Public School Facilities Policies JA.1.1 ~ The City shall coordinate with the School District and Pine lias County on emergency preparedness issues, including the use of public school facilities for emergency shelters. JA.1.2 ~ Future public school facilities that are not located within category 1,2 or 3 evacuation zones, shall be designed to serve the public as emergency shelters, consistent with Section 1013.372 F.S. These public school facilities shall be designed according to the public shelter criteria outlined in the Florida Building Code. JA.1.3 ~ The City shall annually update its Capital Improvements Element to ensure that the School District's capital needs are reflected in the Comprehensive Plan, enabling that coordination of existing and planned public school facilities with the required local capital projects needed to provide emergency shelter spaces, as identified by the Tampa Bay Regional Hurricane Evacuation Study, developed by the Tampa Bay Regional Planning Council. J-12 Goals, Obiectives and Policies Attachment number 11 Page 1 of 20 Utilities D. UTILITIES ELEMENT Introduction The purpose of the Utilities Element is to provide guidance to the City to develop appropriate plans and polices to meet identified or projected deficits in the supply of utilities for the different economic sectors and needs in the community. The intent is to address the City's activities as well as to provide direction and assistance to the efforts of the private sector, as the private sector plans, designs, and constructs new buildings and subdivisions. The utilities element consists of standards, plans, and principles to be followed in: . The provision of utilities for all current and anticipated future residents ofthe city, . The provision of specific utilities to address sanitary sewer, stormwater and stormwater management, potable water and natural ground water aquifer recharge needs, and solid waste. Utilities Ytility Needs Summary The following summarizes the Utilities Ytility Element: Sanitary Sewer . Rainfall during the rainy season exerts the greatest influence in producing peak wastewater flows or infiltration. The City has embarked on an extensive evaluation of the sanitary sewer system. The information for the evaluation will be included in a Master Plan which will direct the lining and replacement of the older sewer lines. . The Marshall Street treatment facility provides service at a rate of one hundred and twenty-four (124) gallons per capita per day (GPCPD). . The Clearwater East treatment facility provides service at a rate of one hundred and fourteen (114) gallons per capita per day (GPCPD). The East plant and Northeast plant are connected by a two-way force main. . The Northeast Regional Wastewater treatment facility provides service at a rate of one hundred and forty eight (148) gallons per capita per day (GPCPD). . Clearwater's projected peak population in w.w 2020 will be 164,356 135,910 permanent and seasonal residents and guests. Sewage flow rates projected for w.w 2020 will utilize sC'/enty four percent (71%) sixty-nine percent (69%) of the system capacity. (Updated demographics; Engineering Department) . Clearwater has adequate sewage treatment, collection capacity and system redundancy to serve existing and planned development. Current total design capacity is twenty-eight and a half (28.5) MGD; with four MGD allocated to the City of Safety Harbor through interlocal agreement. D-l 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 2 of 20 Utilities . The City requires all new development to provide sanitary sewer systems to connect to appropriate sewage treatment districts. New septic tanks should not be permitted. Residents located in nearby unincorporated areas using septic tanks should connect to the City sewage system as sewer lines become available. Soil characteristics have moderate to severe limitations in areas where septic use has been identified. . Currently there are four (4) private treatment plants in areas adjacent to the City. As these "package treatment plants" become inoperable the City should encourage those needing sanitary sewer service to connect to the City sewage system. The City should continue to require annexation into the City when connecting to the City sewer system. . Clearwater has undertaken major pumping station replacement and upgrades for pumping stations located throughout the city. Betty Lane was replaced in 1997, Sand Key will be operational within the calendar year and Mort-on Plant shall be completed by 2000. Upgrades to twenty four (24) additional pumping stations will be completed based on the recommendations from the Pump Station Capital Improvement Report. The remaining stations will be evaluated and a scheduled renewal and replacement program will be developed. (Editorial) Solid Waste . The Florida Solid ',Vast-c Management Act of 1988 (Chapt-cr 88 130, Laws of Florida) required all local gO'/emments t-o reduce their solid wast-c stream by thirty percent (30%) by 1991. The reduction has been achie'/ed and C),ceeded with the reduction in the 1999 waste stream at forty fi','e percent ( 15 %). This end was achie'/ed by the utilization of source separation and recycling of glass, newspaper, plastic, cardboard, office paper, other metals and alumilRlm containers. This effort includes commercial, multi family and single family residential recyclables. Reco'/ered mat-crials from the commercial '.vast-c stream arc a'lailable t-o regist-cred pri'/at-c reco'lered mat-crials dealers on an open competiti'/e basis. (Complete) . The City of Clearwater has entered into an interlocal agreement with Pinellas County to assist the County in accomplishing responsibilities emanating from the recycling program mandated by the State. . The City of Clearwater adopted an ordinance in April 1999 regarding the screening of all dumpst-crs and recycling containers which is estimated t-o be completed by 2005. This initiati'/e, amongst other components includes an incenti'le program t-o complet-c the process by the schedule dat-c. (Complete) . Voluntary cooperation and participation in the residential curbside source separation program is imperative to the success of the program and wHl-depend~ on the willingness of City residents. Public awareness and education programs are important elements to motivate the citizenry to maintain their support and participation in the residential curbside separation program. (Editorial) . The recycling of used office paper generated by City of Clearwater personnel will contribute to the preservation of natural resources and will continue to be a source of revenue for the City to help offset the cost of office paper. . The necessity to monitor market fluctuations for the price of recyclable materials should be reviewed" at all times; this should accompany a regular and continuous market evaluation to optimize revenue received. D-2 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 3 of 20 Utilities . The solid waste blevel of S~ervice is based on a demand of seven and twelve one hundredths (7.12) pounds per capita per day. . Clearwater residents sould continue to partake in the utilization of the Pinellas County small quantity generator disposal site for hazardous/toxic waste materials for households and small generators of hazardous wastes. The City should also promote the Household Chemical Collection program that is held on an annual basis. Storm water Management . The City of Clearwater needs to will continue to monitor the stormwater management utility fee rate structure and amend it as required to remain competitive and maintain an adequate funding source to provide revenue for flood control, maintenance, retrofitting, and treatment of stormwater. In addition to the hydraulic improvements, this would improve the quality of stormwater discharging into surface waters, and will complement the measures proposed in the Surface Water Improvement and Management (SWIM) program and the Tampa Bay National Estuary Program to improve surface water quality standards. (Editorial) . The City of Clearwater needs to take advantage of any alternative funding opportunities that may become available from any State agency with regard to watershed management and/or general stormwater improvements. . The City of Clearwater needs to continue to reduce flooding problems and strive for abatement of flood damage to houses and streets. . The City of Clearwater needs to continue to coordinate stormwater management improvement efforts with Pinellas County and other incorporated areas adj acent to Clearwater City limits for both water quality and attenuation. . The City of Clearwater needs to continue to maintain, correct deficiencies and improve, where necessary, current levels of service. Maintenance and improvement of the City stormwater management system must be recognized as a service provided by the City on a regular and continuous basis. . The City of Clearwater needs to continue to prepare stormwater management plans which will identify and prioritize the implementation of programs to improve and enhance stormwater quality and quantity. . Natural and man-made wetlands need to be utilized for stormwater storage and protected as natural resources. Wetlands provide a natural wildlife habitat and groundwater recharge functions which are pivotal characteristics of the natural and urbanized environment. Such features are firmly established within Clearwater's quality of life values. . The City of Clearwater must continue to obtain appropriate permits from all environmental regulatory agencies prior to implementation of water resource proj ects. . The City of Clearwater needs to research and develop new methods that are technically, environmentally, and economically viable of treating stormwater runoff before final discharge to improve and enhance local surface waters. D-3 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 4 of 20 Utilities . The city needs to proceed forward in its planning, design and engineering of the proposed downtown lake which has been included in the City's twenty year Downtown Redevelopment Plan. The proposed lake will serve as a basin for stormwater attenuation and water quality management, as well as enhancing the aesthetic beauty of the downtown area. . The City of Clearwater needs to continue to participate in the National Flood Insurance Program's Community Rating System (NFIP/CRS). Clearwater has been an active participant since 1990. Potable Water and Natural Ground Water Aquifer Recharge Needs . Clearwater has maintained an interlocal agreement with Pinellas County since 1955 with approximately eighty percent (80%) sixty-three percent (63%) of its water supply emanating from the County. The City also maintains a water use permit issued through the Southwest Florida Water Management District (SWFWMD) to pump an average of.g 6.25 million gallons daily (MGD) from its eight-cen nineteen active wellheads. The decline in the ability to produce potable wat-cr from Clearwater wells is becoming e'/ident. Clearwater cannot maintain its existing le'/cls of service t-o meet the City's potable wat-cr demand without purchasing approximatdy eight to t\veh'e MGD. In 2007, the actual average pump age from the City's wells is was approximately ~ 2 MGD. The balance of the City's water demand is met through purchase from Pinellas County. In order to meet the city's future potable water supply needs in a fiscally responsible manner, several alternative actions must be explored and initiated both individually or in combination with other water supply source alternatives. The City's Water Suvvlv Plan - Cavital Imvrovements Imvlementation Master Plan (Oct 2004) includes projects based upon cost-benefit analysis that will enable the City to increase its local production of potable water to ten (0) MGD by 2015. Cost benefit analysis will be necessary for each alternati'/e in order of priority. (Engineering Department) . Conservation of potable water supplies is of paramount importance to the City. Clearwater will continue to support Pinellas County and participate in the immediate action to provide for new potable water supplies at a reasonable cost. . Clearwater must continue to utilize and provide efficient use of reclaimed water for irrigation purposes for both public and private use. Furthermore, it must constantly evaluate its approach to the desalination of marine water using reverse osmosis technology to provide a form of potable water backup for periods of drought, and when natural groundwater levels drop to critically low levels. . Clearwater shall continue to explore and participate proportionately in the regional/and or County desalination and/ or reverse osmosis alternative strategies. . The City needs to continue to recognize potable water as a scarce resource and to continue to operate the water utility prudently in implementing both conservation and consumption objectives. The current water consumption rate is approximately one hundred and t\'lenty (120) (00) gallons gallons/person/day, which includes both the seasonal and permanent population of Clearwater and is inclusive of both City produced water and County purchased water. (Engineering Department) . The City needs to continue to coordinate with the Southwest Florida Management District (SWFWMD) in the study to determine surficial groundwater direction and flow at various depths. Groundwater data will continue to be needed to determine future well sites and conditions of subsurface transmissivity. This data will be an important tool for management of Clearwater's wellhead operation to determine the City's ability to continue to provide future water supplies. (Editorial) D-4 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 5 of 20 Utilities . The City, in conjunction with the City's Water Use Permit, needs to continue to develop an ultimate well head plan field management plan, including well configurations, pumping schedules, water quality monitoring and mitigation plans. This is needed to assure the continued supply of well withdrawal in accordance with the City's water use permit which is C)(pect-cd t-o be has been reduced to si)( (6) ~ MGD from Cleaf\vater wells. (Engineering Department) . The City needs to continue to implement the recommendations from the Alligator Creek study. . The City needs to continue with its public education program to make the public aware ofthe value of reclaimed water use. D-5 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 6 of 20 Utilities GOALS, OBJECTIVES AND POLICIES SANITARY SEWER D,l t-+. GOAL - TO PROVIDE HIGH QUALITY, RELIABLE, AND EFFICIENT SANITARY SEWER SERVICE IN AN ENVIRONMENTALLY SOUND MANNER WHICH WILL PROTECT THE PUBLIC HEALTH AND SAFETY, D,Ll .J:-+..! Objective - To maintain adequate Levels of Service for existing and future populations through the year 2020~, Policies D.l.l.l ++.-l-:-l The following Le'/cl of Sen'ice standard is established for the City of Cleanvat-cr and shall be used Jin determining the availability of facility capacity and the demand created by new development:-, the minimum level of service standard is an average of 127 gallons per person per day (GPCD). Service District Le'/cl of Service Standards Marshall Street Plant 121 Gallons per capita per day (GPCPD) East Plant 111 Gallons per capita per day (GPCPD) Northeast Plant 118 Gallons per capita per day (GPCPD) (EAR Executive Summary and EAR Part IV) D,L2 ~ Objective - The City shall continue to produce advanced wastewater treatment (A WT) improvements at all water pollution control facilities in accordance with Florida Department of Environmental Protection (DEP) and U,S, Environmental Protection Agency (E.P,A,) requirements, Policies D.l.2.! ~ Sewer services shall not be extended to properties outside the corporate limits of the City unless an agreement to annex or a petition to annex is filed and approved by the Clearwater City Council Commission. Sufficient capacity must exist to serve the areas committed to City service, as well as those proposed for service. (Editorial) D.l.2.2 ~ Septic tanks and package treatment plants which are determined by the Pinellas County Health Department or the Florida Department of Environmental Protection (DEP) to have an adverse impact on the environment, shall hook up to the City sewer system after complying with all applicable City requirements when such connection can be made. D.l.2.3 ~ Should it appear likely that additional development will exceed the treatment capacity of a plant, the City Manager shall institute a method for temporarily limiting sewer hookups in the area, while concurrently making provisions to expand plant capacity, or capacity of the wastewater collection system to permit development. (Engineering Department) D.l.2.4 -l-+:M Continue to develop a sewage treatment system which will minimize energy, water, and other resource needs in order to preserve these valuable resources. D-6 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 7 of 20 Utilities D.l.2.5 -l-+:B Clearwater shall coordinate and cooperate with appropriate local, State, regional, and Federal agencies in implementing the sewer system plan. D.l.2.6 -l-+:U Clearwater shall continue to develop qualified plant operators who meet applicable standards and certification in order to maximize the efficiency and effectiveness of the treatment process. D,L3 t-+.J Objective - Provide and maintain minimum demand of sewer service to all customers within the corporate limits of the City, Policies D.l.3.l ~ Ensure that ordinances adequately address sewer provisions. D.l.3.2 ~ Annexation of developments which have deficient sewer systems is encouraged. Prior to annexation, a program for sewer system improvements shall be prepared by the City with estimated costs of these improvements to be submitted to the City Council Commission at the time of annexation. The owner shall pay the costs of the improvements. (EAR, Part IV) D.l.3.3 ~ When new subdivisions are being developed, the developer shall provide internal sewer systems which are constructed to City specifications. D.l.3.4 ~ Continue to Develop and maintain a system inventory, by location and condition of underground sewer lines, to provide information for estimates of repair and replacement needs. D.l.3.5 -l-+-:B Extend force mains, aad--lift station capacity and the gravity wastewater collection system to serve existing development as well as new infill development. (EAR, Part IV and editorial) D.l.3.6 ~ Continue the cleaning and lining of major interceptors to protect the integrity of the sewer system. D.l.3.? ~ Continue to supply sewage treatment capacity to Safety Harbor at a rate not to exceed four (4) MGD. D,L4 1+.4 Objective - To maintain equitable charges to support fiscal and capital programs and to provide efficient financial management for all sewer system funds, Sewer rates structure shall be reviewed each fiscal year, Policies D.l.4.l ++4-:-l The sewer system shall be a self-sustaining, utility enterprise, and rates should be based on sound engineering and economic principles. D.l.4.2 D-7 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 8 of 20 Utilities ~ Fees charged users of sewer services shall be adequate to cover system operating costs, repayment of capital costs, suitable coverage for payment of bonded indebtedness to maintain desirable bond rating and allow for repair and replacement of existing facilities. D.l.4.3 ~ Prioritization and scheduling of major sewer improvements should be done as a component ofthe capital improvements program. D.l.4.4 ++4-4 Charges for sewer system usage shall reflect all operation costs consistent with the amount of waste water generated by each system user. D.l.4.5 ~ Maintain sufficient revenues to fund a portion of the capital improvements for repair and replacement on a pay-as-you-go basis. D.l.4.6 ++-4-:6 Maintain periodic reevaluation of the sanitary sewer utility rate structure and annual notification to utility users of rate structure per requirements of the Florida Department of Environmental Protection (DEP) and U.S. Environmental Protection Agency (E.P.A.). D,L5 ~ Objective - Continue current practices of effluent disposal, including outfall of tertiary- treated effluent, and spray irrigation on open spaces; establish a multi-modal approach to effluent disposal to insure that the most resource-efficient methods are used, consistent with environmental and economic considerations, Policies D.l.5.l ~ Continue to encourage long-term agreements with golf course operators and other individuals or groups to use reclaimed water for irrigation by offering reclaimed water on an incenti'/e based fee schedule. (EAR, Part IV) D.l.5.2 ~ Continue to develop the use of reclaimed water for irrigation of City parks, golf courses, ball fields, soccer fields and other appropriate land uses in an effort to conserve potable water. D.l.5.3 ~ Continue to provide for the best, cost-effective means of sludge disposal, after re e'/aluation ofCleanvat-cr's current land spreading program. (EAR, Part IV) D.l.5.4 ~ Continue to meet all E.P.A. and Florida (DEP) water quality standards for effluent discharge. D.l.5.5 ~ Expand the reclaimed water network to serve planned all--areas, in order to optimize potable water conservation efforts, while concurrently providing for optimum use for wastewater effluent. (Editorial) D.l.5.6 Continue to evaluate reclaimed water rates with goals of user acceptance and cost recovery. (EAR, Part IV) SOLID WASTE D,2 D-8 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 9 of 20 Utilities l8. GOAL - TO PROVIDE THE MOST RELIABLE, COST EFFECTIVE AND ENERGY EFFICIENT METHOD OF COLLECTING, RECYCLING, AND DISPOSING SOLID WASTES THROUGHOUT THE CITY OF CLEARWATER IN AN ENVIRONMENTALLY SOUND MANNER WHICH WILL PROTECT THE PUBLIC HEALTH AND SAFETY, (Editorial) D,2,1 l8d Objective - Continue To maintain adequate b-!evels of S-~ervice for existing and future populations through the year 2020 ~, Policies D.2.1.1 +8-:-l-:-l The following blevels of S~ervice standards have been established for the City of Clearwater and shall be used in determining the availability of facility capacity and the demand created by new development: Service Solid Waste Facility Level of Service Standards Average Solid Waste Generator Rate 7.12 pounds per capita per day D,2,2 ~ Objective - On an ongoing basis, continue to develop collection and transport strategies which minimize costs and use optimally located waste transfer facilities, Policies D.2.2.l ~ Collection services shall not be extended to properties outside the City limits unless sufficient capacity exists to serve the areas committed to City services, as well as the area proposed for service. D.2.2.2 ~ Collection services shall not be extended to properties outside the City limits except by interlocal or other type agreement. D.2.2.3 ~ Provide collection service to every residential and commercial location within the Clearwater City limits. D,2,3 l8.J Objective - Continue to Provide sound fiscal management for solid waste collection, transport, disposal and recycling as it develops through State legislation, Policies D.2.3.l ~ Fees charged subscribers shall be adequate to cover system operating costs, repayments of capital costs, and allow for repair and replacement of existing facilities. D.2.3.2 ~ Utilize a sound statistical methodology for quantifying the impact on the solid waste stream of recycling programs. D.2.3.3 ~ Charges to each subscriber shall reflect the average costs incurred to service that subscriber. D.2.3.4 D-9 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 10 of 20 Utilities ~ Funds set aside for repair and replacement shall not be diverted to other uses. D.2.3.5 18.3.5 Replacement of equipment and containers shall be scheduled on a basis that permits a uniform replacement rate and avoids irregular capital outlays of substantial amounts of revenue. (EAR, Part IV) D,2,4 l8.4 Objective - Continue to conserve natural resources used in the collection, disposal, and resource recovery systems, Policies D.2.4.l +&A-:-l Utilize recycling and disposal techniques to conserve resources and mlmmlze adverse environmental impact by recycling aluminum and steel cans, newspaper, glass, plastics, cardboard, office paper, other metals and yard waste. D.2.4.2 ~ Develop a solid waste collection, recycling disposal and recovery system that will, to the greatest degree possible, reduce the waste stream, conserve energy and minimize impact on natural resources. D.2.4.3 ~ Continue to [Reduce the solid waste stream through the recycling of aluminum, glass, mixed paper, newspaper, plastic, steel, cardboard, office paper, other metals and yard waste. (EAR, Part IV) D.2.4.4 +&A-4 Voluntary residential curbside source separation for both single-family homes and multi-family shall be the method used in the Clearwater recycling effort. D.2.4.5 ~ Commercial source separation shall continue to be used on an open competitive basis with registered private recovered materials dealers. D,2,S ~ Objective - Continue to fboordinate and cooperate with other governments to solve extraterritorial solid waste disposal problems, (Editorial) Policies D.2.5.l ~ Participate in the Pinellas County Solid Waste Disposal Recycling and Resource Recovery Programs. D.2.5.2 ~ Coordinate with other municipalities and cooperate in recycling and resource recovery programs to reduce the solid waste stream and dispose of solid waste in an efficient and environmentally sound manner. D,2,6 l8.a Objective - Employ the most efficient strategies in the city's continuous effort to reduce the residential waste stream through curb-side source separation and to reduce disposal costs by using available markets to return materials to use through recycling, Policies D.2.6.l D-lO 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 11 of20 Utilities +8-4-l Utilize available State grant funds to expand the processing capacity to provide a recycling center for residential, multi-family and commercial source separation; fFurthermore, the City should on a continuous basis conduct studies and develop methods for the most cost effective collecting, processing and marketing of recyclable materials. (Editorial) D.2.6.2 18.6.2 Direct Clearwater citizens to authorized sites for disposal and transfer/temporary storage facilities located in Pinellas County for hazardous, household wastes. D.2.6.3 ~ Support and encourage the Household Chemical Collection Program provided by Pinellas County by assisting in notifying citizens of drop-off sites through the utility billing process. D.2.6.4 +8-,6-4 The Clearwater Engineering Department and Pinellas County shall coordinate and manage manifest procedures with all applicable regulatory agencies for all City generated hazardous/toxic wastes as required by Federal and State laws. 18.6.5 Prm'ide education t-o inform citizens of the need and opportunities for recycling through the use of the Solid 'Nast-c Management Trust Fund grant program. (EAR, Part IV) D,2,7 l8.-+ Objective - Continue the implementation of a dumpster and recycling container screening program to support the visual appearance objectives of the City, Policies D.2.7.l +8-:-+-:-l Where not impracticably constrained by site design features, all dumpster and recycling containers in the City shall continue to be screened. STORM WATER D,3 19. GOAL - PROVIDE THE MOST COST EFFECTIVE AND EFFICIENT PROVISION OF STORMWATER MANAGEMENT INCLUDING THE IMPROVEMENT AND ENHANCEMENT OF STORMW A TER QUALITY DISCHARGING INTO LOCAL RECEIVING WATERS, AND PROVIDE MAXIMUM PRACTICAL PROTECTION TO PERSONS, PROPERTY, AND THE NATURAL ENVIRONMENT, D,3,1 19d Objective - To maintain adequate levels of service for existing and future populations through the year 2020~, (Editorial) Policies D.3.l.l .J.I)..d...,..J The following blevel of S~ervice standards have been established for the City of Clearwater and shall be used in determining the availability of facility capacity and the demand created by new development and shall be applied to all new development, redevelopment, and for all City facilities through 2020~. (Editorial) Service Level of Service Standards D-ll 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 12 of 20 Utilities Stormwater Management Facilities Design storm 10 - year storm frequency for all new street development using the rational design method. 25 - year storm frequency with positive outfall for major storm systems with basin time of intensities controlling the duration. * 50 - year storm frequency when no outfall and discharge is to street right-of-way.* 100 - year storm frequency when no outfall and discharge is across private property.* * Design standards for stormwater quality treatment/storage quantity shall conform to the current SWFWMD requirement [Presently being the SCS Unit Hydrograph design method, using the design storm frequency and a twenty-four (24) hour duration for sites ten (10) acres or more, and the rational design method for sites under ten (10) acres]. D,3,2 ~ Objective -The City of Clearwater shall continue to develop watershed management plans which should seek to identify, evaluate and implement the most cost effective and cost efficient programs for storm water management, including storm water quantity and quality, These plans should also address any projects included in the Pinellas County Surface Water Starmwater Mana2:ement Plan (SVfMP) for the implementation of all storm water management, as well as recommended funding sources, (Editorial) Policies D.3.2.1 -l-9-:H Coordinate and cooperate with appropriate local, State, regional, and Federal agencies implementing the Pinellas County and City of Clearwater stormwater management plans. D.3.2.2 -l-9-:ti Continue to Provide a stormwater management system throughout the City that will afford the most economically feasible protection to residents and property. D.3.2.3 ~ All stormwater management improvements should seek to meet applicable goals, guidelines, and regulations established to provide flood protection and pollution abatement. D.3.2.4 -l-9-:M Participate in interlocal agreements to study and evaluate stormwater quality and stormwater runoff management issues consistent with the National Pollutant Discharge Elimination System (NPDES). (EAR, Part IV) D.3.2.5 -l-9-:B Coordinate and cooperate with Southwest Florida Water Management District policies and regulations. D.3.2.6 -l-9-:U Continue to require new development to detain water on site and control quantity, quality, and rate of flow being released into the receiving drainage systems. D,3,3 -l9.J Objective - Lower high water profiles during storm events, as necessary, to reduce house flooding occurrences and to lessen the resulting adverse effects on public health, the natural environment, public and private property. Policies D.3.3.l D-12 2008 EAR Based Amendments Attachment number 11 Page 13 of 20 Utilities Goals, Obiectives and Policies D,3,4 19.4 ~ Continue to provide a program of regular maintenance to the stormwater management system to ensure maximum efficiency and performance. Ensure that stormwater management plans include measures to remove trash, sedimentation and other debris which impede flow and incorporate structural and non-structural measures to reduce or eliminate the discharge of oil, grease, heavy metals, and other suspended particles into the stormwater management systems. D.3.3.2 ~ Natural and man-made wetlands shall be considered as a means to provide stormwater management wherever possible and shall be maintained for hydrologic purposes. The efficiency of natural and man-made systems to convey stormwater runoff shall be protected through the provision of routine water quality maintenance schedules overseen by city inspections. D.3.3.3 ~ Continue to provide multiple use facilities, such as recreational open space uses, with open channel stormwater management systems, when appropriate. D.3.3.4 -l-9-:M Development and redevelopment activities shall comply with all stormwater management design standards and criteria. D.3.3.5 -l-9-:B Structural Development shall be prohibited where it is determined that such development will have an adverse impact on stormwater storage areas, increase flood prone areas, significantly increase rates of runoff, or cause other unfavorable drainage conditions. Both man-made and natural systems shall be treated on an equal basis as a sensitive preservation area; no distinction shall be made between a natural system and a man-made or man altered hydrologic system. D.3.3.6 ~ Limit Prohibit new building, development or construction that will result in building(s) constructed within/or over stormwater retention/detention ponds, streams or channels. All wetlands, streams, channels, or other hydrologic features, whether wetlands, ponds or bodies of water having intrinsic hydrologic, biologic and zoological functions with no distinction made in regard to its status to whether it is man-made or natural shall be considered for a Preservation Land Use Plan classification to ensure protection from development. (EAR, Part IV) D.3.3.7 ~ Continue active participation and cooperation with the National Flood Insurance Program and the Florida Emergency Management Agency for the purpose of recognizing flood prone areas, and establishing abatement programs that endeavor toward a reduction in damages and losses due to flooding. D.3.3.8 ~ Continue the established requirement of a twenty-five foot setback from the tops of a bank from all wetlands whether natural or man-made, and require finished floor elevations in areas adjacent to lakes, bays, creeks, the Gulf of Mexico, Tampa Bay and Old Tampa Bay, and other flood prone areas. Objective Continue the implementation of the most cost effective and efficient plan to reduce the occurrence of street flooding where safety issues and traffic problems exist as prioritized and set forth in the Capital Improvement Element, and listed in the storm water management plans, Policies D.3.4.l D-13 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 14 of 20 Utilities +9-4-:-l Identify areas where inadequate stormwater management easements exist, and obtain proper access to stormwater management channels, structures and appurtenances for maintenance purposes. D.3.4.2 ~ Improve all street stormwater management systems where deficiencies exist. D,3,S ~ Objective - Protect and enhance the quality of receiving waters by the use of "Best Management Practices" in accordance with the adopted watershed management plans, Policies D.3.5.l ~ The use of .:..:gbest Mmanagement P12ractices" shall be required before, during, and after construction activities to prevent water pollution resulting from erosion and siltation. D.3.5.2 ~ Vegetated swales, sodding, and appropriate landscaping will be required as components of the drainage system for natural filtration before final discharge into receiving waters. D.3.5.3 ~ Monitor major stormwater management outfalls and recelvmg water bodies to identify the quality of stormwater runoff and the impact on receiving bodies. D.3.5.4 ~ Maximize water recharge potential in designing stormwater management improvements by utilizing natural wetland areas for stormwater storage. D.3.5.5 -l-9-:B Coordinate stormwater management improvements with other local governments to assist in solving stormwater management problems of an extraterritorial nature. D.3.5.6 ~ Continue to ildentify impaired bodies of water and prioritize them for improvement and enhancement. (Editorial) D.3.5.7 ~ Water resource projects shall be consistent with the policies of the Conservation Element and with adopted watershed management plans. D.3.5.8 ~ All stormwater management plan projects of the City of Clearwater shall comply with the Florida Surface Water Improvement and Management (SWIM) program and the National Estuary Program. D.3.5.9 ~ The City of Clearwater shall continue to upgrade and retrofit City-owned drainage system facilities and include stormwater treatment for water quality in accordance with the proposed stormwater management plan. D,3,6 19.6 Objective - Continue to .l2Provide sound fiscal management of the stormwater management systems to include maintenance, operation, and construction in accordance with the watershed management plans and concurrent with its implementa- tion, (Editorial) D-14 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 15 of 20 Utilities Policies D.3.6.l +9-4:-l Operation and maintenance of the stormwater management systems may be financed through revenues supporting the City's general fund or as otherwise funded as a utility operation. D,3,7 19.-+ Objective - Provide economic development incentives that promote water resource protection and enhancement, Policies D.3.7.l +9-:+:-l Methods of financing stormwater management system improvements and new stormwater infrastructure construction should be evaluated to determine the most feasible and equitable arrangement, both city-wide and in local problem areas. D.3.7.2 ~ The City of Clearwater shall continue to seek and be on notice of financial support for system improvements through grant programs administered by appropriate State and Federal agencies. D.3.7.3 ~ The City of Clearwater shall pursue a system of regional stormwater management which is both economically and environmentally sound. DA ~ GOAL - DISCHARCES OF STORMWATER DISCHARGE SHALL BE MANAGED TO PROVIDE FLOOD PROTECTION FOR THE CITIZENS OF THE CITY OF CLEARWATER AND TO PRESERVE, PROTECT, AND ENHANCE THE WATER QUALITY OF RECEIVING WATERBODIES, (Editorial) DA,l ~ Objective - The protection, restoration, and enhancement of water quality associated with stormwater runoff will be considered a function of the City's overall stormwater management plans, Policies D.4.1.1 ~ The City shall incorporate water quality protection and enhancement criteria into the City stormwater management plans. The use of natural alternatives, the conservation of natural stormwater management systems, and the protection and improvement of the quality of receiving waters shall be a goal ofthe City's stormwater management plans. Management plans shall continue to be developed on an ongoing basis for waterbodies with known or suspected water quality problems in the City to include Tampa Bay, Clearwater Harbor, Stevenson Creek, Allen's Creek, and Alligator Creek. The City shall systematically and timely prepare watershed or waterbody specific management plans, and update them as necessary for waterbodies within the City. Such plans shall include both water quality and flood control considerations and recommended funding sources. (updated text) The City shall implement all City-approved watershed management plans. D.4.l.2 ~ D.4.l.3 ~ D.4.l.4 ~ D.4.l.5 ~ D-15 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 16 of 20 Utilities D.4.1.6 ~ All City stormwater management plan projects within watersheds of +the City shall comply with applicable SWFWMD, State, and Federal requirements, including SWIM Plans for that waterbody or watershed. (EAR, Part IV) D.4.1.7 ~ The City shall continue to coordinate with and supplement the County's surface water monitoring program. POTABLE WATER AND NATURAL GROUND WATER AQUIFER RECHARGE D,S U. GOAL - PROVIDE, DEVELOP, AND MAINTAIN A PERMANENT POTABLE WATER SUPPL Y SYSTEM TO MEET ANTICIPATED DEMAND WHILE PROVIDING MAXIMUM PRACTICAL PROTECTION TO THE ENVIRONMENT AT A COST CONSISTENT WITH THE PUBLIC'S ABILITY AND WILLINGNESS TO PAY, D,S,l Ud Objective - To maintain adequate Levels of Service for existing and future populations through the year 201S~, (City's 2004 Water Master Plan) Policies D.5.1.1 fr.l-:+ The following blevel of S~ervice standards have been established for the City of Clearwater and shall be used in determining the availability of facility capacity and demand created by new development: Service Area Potable Water Facilities City and County Water City Service Area Level of Service Standards Average Water Consumption Rate 120 gallons per capita per day at a pressure of 40- 45 psi.': *Continue to maintain water consumption of one hundred twenty (120) GPCPD or less as per the conditions set forth by Clearwater' s Water Use Permit. D,S,2 ~ Objective - Provide adequate quantityies--and qualityies of water service to all customers of the Clearwater service area, Current service level (Julv. 2007 1999) is 40.390 ~ customer accounts (potable. reclaimed and fire), (Editorial; figure change pending DCA review of Ordinance #7950-08 with new methodology) Policies D.5.2.l ~ Ensure that land development regulations, building codes and City ordinances adequately address water system provisions by performing a thorough evaluation of City codes and by coordinating proposed provisions with the Southwest Florida Water Management District>-Tampa Bay Water and the Florida Department of Environmental Protection. (EAR, Part IV) D.5.2.2 21.2.2 +he Engineering Public '.\TorIes Department shall analyze the condition and adequacy of any water distribution system that the City may inherit through annexation and prepare cost estimates for upgrading those systems to meet City requirements. (Editorial) D-16 2008 EAR Based Amendments Attachment number 11 Page 17 of 20 Utilities Goals, Obiectives and Policies D,S,3 U.J D.5.2.3 ~ When new subdivisions are being developed, it shall be the responsibility of the developer to provide internal potable water and reclaimed water systems which are constructed to City specifications. (Editorial) D.5.2.4 ~ Continue to construct water system improvements which will provide adequate quantity, pressure, and duration of fire flows while meeting system user needs. D.5.2.5 ~ Continue to develop a system and construct improvements which will conserve energy, water, and other valuable resources. D.5.2.6 ~ The City shall continue to participate and assist the Southwest Florida Water Management District, Tampa Bay Water, Pinellas County Health Department, and the U.S. Environmental Protection Agency in developing innovative techniques to augment existing water supplies to provide for future needs. (pending DCA approval of Ordinance 7950-08 in May 2008) D.5.2.7 21.2.7 Continue to identify, acquire, and develop sources of water supply and methods of water treatment to meet existing and future needs. Some ways this can be accomplished are through well rehabilitation projects and/or exploration and drilling of new wells. Some type of water treatment may be initiated. Additional volumes of water may be acquired from the Pinellas County Water System through Clearwater's intergovernmental water service agreement. The City's long range Water Master Plan completed in 2004 shall serve as the guiding document for water supply and treatment methods. Various recommendations ha'/e recently been submitt-cd in a study on long range wat-cr supply and treatment. (pending DCA approval of Ordinance 7950-08 in May 2008) D.5.2.8 ~ Ensure that water management projects are designed and operated to maintain and enhance natural systems as well as man made systems by working closely with the Southwest Florida Water Management District when proposing new projects and water management programs. The City's long range Water Master Plan completed in 2004 outlines a work plan for continued coordination with the Southwest Florida Water Management District's Regional Water Supply Plan adopted in December 2006. (pending DCA approval of Ordinance 7950-08) D.5.2.9 ~ Water service shall not be extended to properties outside the City's service area unless sufficient capacity and quality of water exists to serve the areas already committed to City service. D.5.2.l0 21.2 .10 Water services shall not be extended except in those areas so designated for City of Clearwater by interlocal or other agreement. Objective - Continue to maintain the water system III a safe, sound, and efficient manner on a daily basis, Policies D.5.3.l D-17 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 18 of 20 Utilities ~ The Public Utilities Department, Public 'Norks Administration, Water Division, shall monitor water quality and the operation of the water distribution system with the intent of repairing and replacing deficient portions of the system within the framework ofthe capitalized budgeting process. (Editorial) D.5.3.2 ~ Continue to provide a minimum operating pressure of 40-45 psi throughout the water distribution system. D.5.3.3 ~ Continue to provide adequate spacing of fire hydrants to provide optimum hose lays and fire flow. D.5.3.4 ~ Require at the time of application for connection to the public potable water system, that minimum fire flows and hydrant spacing be consistent with fire district standards. Also, require that proper size water pipes are installed to provide desired fire flow rates based on the most recent Insurance Service Office (ISO) Report. D,S,4 UA Objective - Continue to Provide sound fiscal management for the operation and maintenance of potable water service in the City's service area Policies D.5.4.l ~ Fees charged users of water services shall continue to be adequate to cover system operating costs, repayments of capital costs, and allow for repair and replacement of existing facilities. The City shall also continue to evaluate new rate structures as necessary. D.5.4.2 ~ Prioritization and scheduling of major improvements associated with the water system should be accomplished as a component of the capital improvement program. D.5.4.3 ~ Funds set aside for repair and replacement of the water system shall not be diverted to other uses. D.5.4.4 ~ The City should continue to seek financial support of the water system through grant programs administered by appropriate State and Federal agencies. D.5.4.5 ~ The City shall continue to refine the inverted rate structure for residential water meters, lawn meters and all other water meters permitted by the Water Division of the Public Utilities Department 'AT orks Administration. (Editorial) D,S,S ~ Objective - Continue to Develop a potable water system that is compatible with the environment and seeks to conserve and protect sensitive natural resources, Policies D.5.5.l ~ Except for areas of the City where reclaimed water is available, shallow wells shall be recognized as a source of water for irrigation purposes. Establish a City permit for shallow well installation by the end of 2008. (pending DCA approval of Ordinance #7950-08) D.5.5.2 D-18 2008 EAR Based Amendments Attachment number 11 Page 19 of 20 Utilities Goals, Obiectives and Policies D,S,6 U.6 ~ The City's building code shall be modified to include the requirement for water conserving fixtures in newly constructed or remodeled buildings. D.5.5.3 ~ Manage the supply of water in quantities which would minimize significant adverse impacts on the natural system and protect the long term public interest. D.5.5.4 ~ Develop and modify rate structures and policies which encourage conservation of potable water. D.5.5.5 ~ The City of Clearwater shall maintain its current Water Restriction Ordinance. D.5.5.6 ~ Provide educational awareness to inform citizens of the need and opportunities for conserving potable water by visiting schools to speak with young children about water conservation practices. D.5.5.7 21.5.7 Reclaimed water service will continue to be extended to private residences based on the Twenty (20) Year Master Plan, Reclaimed Water Master Plan Re-Evaluation , December, 2007. (EAR, Part IV) Objective - Continue to A!!chieve effective coordination with other government agencies to solve problems of an extraterritorial nature with cooperation and in conjunction with the Southwest Florida Water Management District (SWFWMD), Policies D.5.6.l ~ The City shall continue to participate in regional and County-wide studies which are or may be formed to seek solutions of problems of an extraterritorial nature. Continue to cooperate with the Southwest Florida Water Management District and Tampa Bay Water in developing environmental and hydrologic data that will identify safe and reliable potable water yields in existing and future well-fields. (EAR, Part IV; Pending DCA approval of Ordinance #7950-08) Coordinate with appropriate local, State, regional and Federal agencIes m implementing the Clearwater Water Master Plan, Cavital Imvrovements Imvlementation Master Plan, 2004 wat-cr syst-cm plan. (EAR, Part IV and Engineering Department) The City shall pursue a coordinated approach to inteljurisdictional problems, by providing support of both staff and officials to participate in conservation efforts with Pinellas County and the Tampa Bay Regional Planning Council. Ensure consistency with the actions defined within the Regional Water Supply Plan prepared by SWFWMD. (pending DCA approval of Ordinance #7950-08) D,S,7 u.+ D.5.6.2 ~ D.5.6.3 ~ D.5.6.4 U-44 D.5.6.5 ~ Objective - Continue to protect all natural recharge areas having functional hydrological characteristics, D-19 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 11 Page 20 of 20 Utilities Policies D.5.7.l ~ Recognize the importance of groundwater aquifer recharge in the hydrological process and the need for natural groundwater recharge as an integral component of the City's urban environment. D.5.7.2 ~ The City of Clearwater shall include incentives in the Community Development Code for the protection of natural groundwater aquifer recharge areas as identified in the Conservation Element of the Clearwater Comprehensive Plan. D.5.7.3 ~ The City of Clearwater shall continue to protect groundwater quality by enforcing Wellhead Protection Ordinance. D-20 2008 EAR Based Amendments Attachment number 12 Page 1 of 2 1. Future Land Use Element LA", I 2. Transportation Element . Traffic Circulation Sub element . l\1ass Transit Sub element . Ayiation Sub element BI 3. Housing Element CI 1. Utilities Element D I . Sanitary Sewer Sub element . Solid '" aste Sub element . Stormwater l\1anagement Sub element . Potable 'Vater Croundwater Aquifer Recharge Sub element 5. Coastall\1anagement Element E I 6. ConsenTation Element F I 7. Recreation and Open Space Element C I 8. Intergoyernmental Coordination Element HI 9. Capital Improyements Element I I 2008 EAR Based Amendments Attachment number 12 Page 2 of 2 City of Clearwater Com prehensive Plan - 2008 Table of Contents Element Pa2e A. Future Land Use Element A-I B. Transportation Element B-1 . Traffic Circulation B-4 . Mass Transit B-12 . Airport B-14 C. Housing Element C-l D. Utilities Element D-l . Sanitary Sewer D-6 . Solid Waste D-9 . Stormwater Management D-ll . Potable Water Groundwater Aquifer Recharge D-16 E. Coastal Management Element E-l F. Conservation Element F-l G. Recreation and Open Space Element G-l H. Intergovernmental Coordination Element H-l I. Capital Improvements Element 1-1 J. Public School Facilities Element J-l 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 13 Page 1 of 10 Intergovernmental Coordination H. INTERGOVERNMENTAL COORDINATION ELEMENT The purpose ofthe Intergovernmental Coordination Element is to clearly show what the relationships are between the City's Comprehensive Plan and the plans of the school board, the water supply authority, and other units of local government, which provide services but do not have regulatory authority over land use. Intergovernmental also means coordinating with the comprehensive plans of the county, adiacent counties, adiacent municipalities, the region, the regional water supply plan, and the state. The intergovernmental coordination element consists of standards, plans, and principles to be followed when dealing with these entities. (Editorial) Intergovernmental Coordination Needs Summary The following summarizes the Intergovernmental Coordination Element: . Clearwater needs to continue to coordinate with the Pinellas Planning Council, the Stat-c, and the Pinellas County for the orderly annexation of unincorporated properties within the Clearwater planning area. the City's existing enclaves. (Lanf!.uaf!.e more closely reflects actual vrocess) · Road improvements, backlogged facilities, and 1 bevels of ~ Service need the coordination of all jurisdictions along the corridor in establishing and maintaining appropriate land use and traffic policies. Coordination with the Florida Department of Transportation is also a major issue to be addressed by continued participation in the M.P.O. process. In addition, Clearwater should continue to be involved with the Tampa Bay Area Regional Transportation Authority (TBARTA) process. (Editorial) . Funds and permits to alh.v for the earliest replacement of the Cleanvat-er Pass Bridge need to receive the highest priority from Federal, State, and local jurisdictions due to the need to provide for safe hurricane e'/acuation and contilRlation of access. (Bridge Comvlete) . Recreation needs of enclave residents should be addressed through interlocal agreements, transfer of funds, or other appropriate methods. . Continued c Goordination is needed with the water management district and the State of Florida Department of Environmental ProtectionRegulation to define and protect cones of influence surrounding public water supply wells. (Editorial) . The City will continue to facilitate the local level process for private sector lli&.cl1 renourishment applications, and coordinate those applications to the State and Pinellas County. (Engineering Department) Coordination is needed '.'lith Stat-e and local jurisdictions to further beach renourishment projects that ha'le been identified t-o protect upland dC'lclopment landward of the coastal construction control line. (Engineering Department) . Cooperation is needed to provide quantitative and qualitative improvements m stormwater management. H-l 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 13 Page 2 of 10 Intergovernmental Coordination . Cooperation is needed between Federal, State, and local jurisdictions to address sanitary sewer effluent standards. . There is a need for cooperation regarding right-of-way, access management, and roadway cross- section design among State, County, and local jurisdictions. . There is a need to continue coordination of land use planning decisions through the efforts of the Pinellas County Planning Council. H-2 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 13 Page 3 of 10 Intergovernmental Coordination GOALS, OBJECTIVES AND POLICIES H.l 28. GOAL - INTERGOVERNMENTAL COORDINATION EFFORTS SHALL PROVIDE EFFICIENT, FAIR, AND IDENTIFIABLE METHODS FOR SHARING INFORMATION AND FUNDING ACROSS JURISDICTIONS TO DIRECT MUTUALL Y BENEFICIAL ACTIONS TOWARD THE SOLUTION OF SHARED PROBLEMS, H.Ll 28,1 Objective - The Clearwater Comprehensive Plan shall be forwarded to the Pinellas County, other adjacent local governments, and agencies (previously noted), such as the M,P,O" which have regulatory or operating authority in the City for purposes of coordinating future operations and development in the City, Policies H1.1.1 28.1.1 Clearwater supports a multi-jurisdictional land use planning entity in Pinellas County. H1.1.2 28.1.2 Clearwater supports intergovernmental coordination in transportation and mass transit planning, through the MPO, M.P.O. and PSTA, P.S.Tj\~. and TBARTA. (Editorial and EAR, Part IV) H1.1.3 2g.1J Clearwater shall propose additional intergovernmental coordination mechanisms to enhance services, as noted in the Parks and Recreation and Housing Elements. H1.1.4 ~ The City conforms to State public records laws, and as a policy, provides requested information on as timely a basis as possible. H1.1.5 ~ The City shall provide annual Comprehensive Plan monitoring information, in a timely fashion, to be used to direct public expenditures H1.1.6 2g.l.6 Clearwater shall present any community redevelopment district plans, or redevelopment district and boundary changes, for approval by the Board of County Commissioners. HI. 1.7 The City shall strengthen coordination with other municipalities, the MPO, Pinellas County and FDOT to establish, measure, and maintain the level of service standards for road ways in the Strategic Intermodal System (U.S. 19), and other State and Country Roads. (EAR, Part III, Issue of Local Concern: Redevelopment) H1.1.8 The City shall coordinate with Pinellas Planning Council the definition and calculations for mixed uses, strategies regarding infill development, land assembly, land use conservations, and annexations to promote redevelopment. (EAR, Part III, Issue of Local Concern: Redevelopment) H-3 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 13 Page 4 of 10 Intergovernmental Coordination H1.1.9 The City shall coordinate with the Pinellas Planning Council and the Pinellas County Economic Development Department to implement the appropriate recommendations for Clearwater in "Pinellas by Design". (EAR, Part III, Issue of Local Concern: Redevelopment) Hl.l.10 The City shall strengthen the level of coordination with the Florida Department of Community Affairs (DCA), the Florida Department of Transportation (FDOT), the Tampa Bay Regional Planning Council (TBRPC), Pinellas County, and other municipalities to promote the concept of livable neighborhoods. (EAR, Part III, Issue of Local Concern: Community Character and Livable Neighborhoods) H1.1.11 H.L2 28,2 Policies H1.2.l ~ The City shall establish specific policies to provide for enhanced hurricane and disaster management coordination between the City, Pinellas County, other cities, the Tampa Bay Regional Planning Council, and the State of Florida with particular emphasis on public outreach and education. (EAR, Part III, Issue of Local Concern: Coastal and Disaster Management) Objective- The City of Clearwater shall continue to coordinate its Comprehensive Plan with plans of the School Board of Pinellas County and other local governments through participation in joint planning process and procedures, The City of Clearwater shall implement the Public Schools Interlocal Agreement in coordination with the School District and the other local governments that are signatories to the Agreement (the partner local governments). Hl.2.2 28.2.2 In fulfillment of Section 8 of the Public Schools Interlocal Agreement, the City of Clearwater shall continue its participation on the Pinellas Schools Collaborative, which shall meet at least once a year to evaluate implementation of the Public Schools Interlocal Agreement and school concurrency, and propose amendments for improvement if deemed necessary. H1.2.3 28.2.3 The City of Clearwater, the School District, and the partner local governments shall coordinate annually in preparing a staff report on the effectiveness of school concurrency that will be presented at the annual meeting of the Pinellas Schools Collaborative, with the annual School Capacity and Level of Service Report forming the basis for the staff report. H1.2.4 2g.2.1 The City of Clearwater, the School District, and the partner local governments shall coordinate in amending the Public School Facilities Element according to the procedures in Section 10 of the Public Schools Interlocal Agreement, to ensure that the Public School Facilities Element within the local government comprehensive plans remains coordinated and consistent with one another and with the plans of the School Board. H1.2.5 2g.2.5 The City of Clearwater, through the implementation of its concurrency management system and the Public Schools Interlocal Agreement, shall coord- H-4 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 13 Page 5 of 10 Intergovernmental Coordination inate and share information with the School District and the Pinellas County Planning Department to determine whether there is available public school capacity to support the anticipated students from residential site plans and final residential subdivision approvals. H1.2.6 28.2.6 The City of Clearwater, its partner local governments, and the School District shall cooperate in establishing a procedural manual for implementation of school concurrency. This manual and any subsequent changes to the manual will be developed by the School Planning Workgroup and approved by the Pinellas Schools Collaborative. H1.2.7 28.2.7 The City of Clearwater shall coordinate with the School Board of Pinellas County to implement the public educational facilities siting requirements of Chapter 163 and Chapter 1013, F.S., as stipulated in Section 4 of the Public Schools Interlocal Agreement on April 24, 2007. H1.2.8 28.2.8 The City recognizes State legislation regarding continued State funding for schools which are designated as historic and shall continue to coordinate with the appropriate State and Federal agencies to ensure the continued preservation of South Ward School, a National Register building. H.2 W GOAL - CLEARWATER SHALL CONTINUE TO COORDINATE DEVELOPMENT WITH THE DEVELOPMENT OF ADJACENT MUNICIPALITIES, THE COUNTY, REGION, AND STATE. (Editorial) H.2,1 29,1 Objective - Clearwater shall continue to review the mandated plans of adjacent municipalities, and will pass formal resolutions as needed specifically noting any major substantive conflicts with the City's plan, which establishes a framework to address inconsistencies, H-5 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 13 Page 6 of 10 Intergovernmental Coordination H2.1.6 29.1.6 The City shall continue to participate with the Agency on Bay Management and the Tampa Bay National Estuary Program in its partnership approach to the protection and restoration of Tampa Bay. H.2,2 29,2 Objective - The City shall adopt the F,D,O,T, !bevel of ~Service standards for State primary and secondary arterials as they may be modified by additional service designations (special transportation areas, etc,) approved by F,D,O,T, and shall use intergovernmental coordination agreements to secure maximum City control over access and manage of roads in Clearwater, (Editorial) Policies H2.2.l 29.2.1 The City shall continue to cooperate with F.D.O.T. in all matters oftraffic signal access requests that affect the State highway system~ and shall seek to obtain access permitting authority on State roads. (Editorial) H2.2.2 29.2.2 Clearwater shall provide F.D.O.T. with annual reports that document efforts at concurrency management on State roads. H.2,3 29,3 Objective - The City shall continue to maintain A,P,A, and State Department of Environmental Protection (DEP) standards for sewage treatment, Policies H2.3.l 29.3.1 City shall continue to coordinate with the State Department of Environmental Protection (DEP) in implementation of the Grizzle-Figg Bill, as it relates to wastewater treatment. H2.3.2 29.3.2 Clearwater shall continue to monitor and update the interlocal agreement with Safety Harbor to provide for continued availability of capacity for sewage treatment. H.2,4 29.'1 Objective - The City shall maintain State Department of Environmental Protection (DEP) potable water standards, Policies H2.4.1 29.1.1 Clearwater shall continue to coordinate with Southwest Florida Water Management District (SWFWMD) in matters pertaining to consumptive use, wellfield mapping, the wellfield Environmental Monitoring Program (EMP) and water conservation." as identified in the SWFWMD Regional Water Supply Plan. (EAR, Part IV) H2.4.2 29.1.2 Clearwater shall continue coordination, through interlocal agreement and subsequent amendments, and participation with Pinellas County, to assure continued potable water delivery to retail users. H.2,S 29,S Objective - Clearwater shall continue to participate in bfountywide solid waste management programs to increase the volume of recycled materials, H-6 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 13 Page 7 of 10 Intergovernmental Coordination Policies H2.5.l 29.5.1 Clearwater shall continue as a user of the County resource recovery facility. H2.5.2 29.5.2 The City shall continue to support the Household Chemical Collection Program in conjunction with Pinellas County. H2.5.3 29.5.3 Clearwater shall actively support efforts to increase recycling and reduce the solid waste stream by appropriate target amounts, consistent with applicable State law. H.2,6 29,6 Objective - Clearwater shall participate on a technical and a policy level in the preparation, planning, funding, coordination, and implementation of a master storm water management plan with other governmental entities, SWFWMD, State Department of Environmental Protection (DEP) and other affected parties, Policies H2.6.1 29.6.1 The Engineering Public '.vorks Department shall continue to coordinate and oversee preparation of stormwater management plans. (Engineering Department) H2.6.2 29.6.2 Clearwater shall participate in interlocal agreements to implement and fund stormwater management plan improvements. H2.6.3 The Engineering Department shall prepare, monitor, and update watershed plans and coordinate with other iurisdictions. (EAR, Part IV) H2.6.4 ~ The City shall continue to support the efforts of SWFWMD, under the Surface Water Improvement (SWIM) program, to upgrade the water of Tampa Bay. H2.6.5 ~ The City supports the efforts of the County and adjacent local governments to maintain and upgrade the condition of Clearwater Harbor. H.2,7 29,7 Objective - Clearwater shall coordinate with Pinellas County's Department of Environmental Management and with the Department of Environmental Protection to upgrade and maintain air quality, Policies H2.7.l 29.7.1 Clearwater shall cooperate in air quality monitoring and modeling efforts of the Pinellas County Department of Environmental Management (D.E.M.}. (Editorial) H2.7.2 29.7.2 Clearwater shall continue and seek to expand, as necessary, joint use agreements for recreational facilities with the Pinellas County School Board and other recreation facility providers. H-7 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 13 Page 8 of 10 Intergovernmental Coordination H.3 J(). GOAL - THE CITY SEEKS TO COORDINATE THE DELIVERY OF URBAN SERVICES AND ANNEX ALL OF THE PROPERTY IN ITS WATER SERVICE AREA, TO PROVIDE FOR COORDINATION OF LAND USE AND UTILITY SERVICE DEMANDS, AND TO ENCOURAGE AN ORDERLY PATTERN OF URBAN GROWTH AND SERVICES, AND SHALL WORK WITH OTHER LOCAL JURISDICTIONS TO AMEND STATE LAWS WHICH UNDULY RESTRICT ANNEXATION, H.3,1 30,1 Objective - the City shall continue to work with the PPC, the State, and the County in the orderly annexation ofthe City's existing enclaves, Policies H.3.1.1 30.1.1 The City shall continue to implement the existing interlocal agreement with the County for the exercise of planning authority relating to County enclaves and other adjacent areas for possible future voluntary annexation. H.3.1.2 30.1.2 The City shall specifically examine proposed land use plans of local governments adjacent to its boundaries and determine where any inconsis- tencies exist. 30.1.3 The City shall contilRle t-o support the efforts of S''vFVlMD, under the Surface \Vater Improyement (S\VIM) program, to upgrade the water of Tampa Bay. (Editorial: moved to H 2.6. 4) 30.1.1 The City supports the efforts of the County and adjacent local gO'lernments to maintain and upgrade the condition of Clearwater Harbor. (Editorial: moved to H2.6.5) H.3.1.3 ~ The City will continue to support the efforts of the Pinellas Planning Council and Pinellas County to coordinate land use categories on the countywide and municipal plans to achieve a compatible system ofland use categories. H.3.1A The City shall be strategic and proactive in pursuing the annexation of enclaves as well as other unincorporated areas within the Clearwater Planning Area. (EAR, Part III, Issue of Local Concern: Annexation) H.3.1.5 In order to better protect surface water and groundwater resources, the City will seek to enter into negotiations with Pinellas County in an effort to eliminate the issuance of septic system permits in areas served by the City of Clearwater sewer system. (EAR, Part III, Issue of Local Concern: Annexation) H.3.1.6 The City will pursue an interlocal agreement with Pinellas County to formalize the written policy for provision of sanitary service that supports annexation as a means to obtain sewer service within the Clearwater Planning Area. (EAR, Part III, Issue of Local Concern: Annexation) H.3 .1.7 The City will pursue an interlocal agreement with Pinellas County that sets forth the timing of the transfer of maintenance responsibilities for H-8 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 13 Page 9 of 10 Intergovernmental Coordination streets and drainage facilities as a result of annexation. (EAR, Part III, Issue of Local Concern: Annexation) HA M. GOAL - THE CITY SHALL MAINTAIN REGULAR MEANS OF COMMUNICATION FOR THE PURPOSE OF f-.MONC OFFICIf-.LS OF TWO OR MORE POLITICf-.L OR OTHER JURISDICTIONS FOR THE PURPOSE OF ADDRESSING AND RESOLVING ISSUES OF MUTUAL INTEREST THAT ARISE FROM THE LOCAL GOVERNMENTS: COMPREHENSIVE PLANS AND PLANS OF OTHERS AGENCIES AND JURISDICTIONS, HAl Md Objective - To identify and coordinate the effects of special districts in Pinellas County with the Comprehensive Plan, Policies H.4.1.1 3 1.1.1 The City will review the plans and independent special district facility reports of the Pinellas County Suncoast Transit Authority (PSTA), and the Southwest Florida \Vater Management District fSWFWMDj, and Tampa Bay \Vat-er (TB'N) and identify and resolve conflicts with the City's comprehensive plan, including concurrency related items. (Editorial) H.4.1.2 31.1.2 The City will coordinate with :tll8 PSTA, and :tll8 SWFWMD, and TB\V staff and gO'/erning board in order to resolve issues in Policy HA.l.l (Editorial) H.4.1.3 3 1.1.3 The City will consider amending its comprehensive plan based upon the review of plans and discussions identified in Policy 31.1.2. HA2 JL2 Objective - Identify and describe joint processes for collaborative planning on population projections, facilities subject to concurrency, facilities with countywide significance, and problematic uses, Policies H.4.2.1 ~ The City will coordinate, through the Metropolitan Planning Organization (MPO), the transportation needs of the City with the needs of the remainder of the county and the Florida Department of Transportation (FDOT). H.4.2.2 3 1.2.2 The City will continue to coordinate with the Pinellas County Board of County Commissioners staff for the provision of countywide facilities, including but not limited to, solid waste disposal, the St. Petersburg/Clearwater International Airport, and the Pinellas County Emergency Operations Center. H.4.2.3 31.2.3 The City will continue to coordinate with the MPO and the Pinellas Suncoast Transit Authority staffs for the provision of bridges, major transportation facilities, and mass transit. H.4.2A 31.2.1 The City will forward notice of proposed future land use plan policies related to hurricane shelters and evacuation routes, as well as map amendments resulting in an increase in population within coastal high hazard areas, to the TBRPC and the Pinellas County Emergency Management Department to determine H-9 2008 EAR Based Amendments Goals, Obiectives and Policies Attachment number 13 Page 10 of 1 0 Intergovernmental Coordination hurricane shelter space and the effect of increased evacuation clearance times and routes. H.4.2.5 ~ The City will coordinate with the Pinellas County Planning Department in order to develop countywide population projections that include expected growth shown in the comprehensive plan for the community. H.4.2.6 3 1.2.6 The City will review the draft population proj ections and consider usingthem in the comprehensive plan. H.4.2.7 31.2.7 The City will coordinate, through the Metropolitan Planning Organization (MPO), the transportation needs of the City with the needs of the remainder of the county and the Florida Department of Transportation (FDOT). H.4.2.8 ~ The City will continue to coordinate with the Pinellas County Board of County Commissioners staff for the provision of countywide facilities, including but not limited to, solid waste disposal, the St. Petersburg/Clearwater International Airport, and the Pinellas County Emergency Operations Center. H.4.2.9 31.2.9 The City will continue to coordinate with the MPO and the Pinellas Suncoast Transit Authority staffs for the provision of bridges, major transportation facilities, and mass transit. H.4.2.10 31.2.10 The City will forward notice of proposed future land use plan policies related to hurricane shelters and evacuation routes, as well as map amendments resulting in an increase in population within coastal high hazard areas, to the TBRPC and the Pinellas County Emergency Management Department to determine hurricane shelter space and the effect of increased evacuation clearance times and routes. H.4.3 JLJ Objective - Bring intergovernmental disputes to closure III a timely manner through the use of voluntary dispute resolution processes, Policies H.4.3.1 3 1.3 .1 The City will utilize the existing countywide planning process, as appropriate, to resolve local government future land use plan disputes, as well as other planning related intergovernmental disputes. H.4.3.2 3 1.3 .2 The City will utilize the TBRPC' s role as a mediator and conciliator as outlined in the Rule 29H 13, F~AC~, to reconcile differences on planning and growth management issues~ as outlined in the Rule. H-lO 2008 EAR Based Amendments Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint a youth member to the Sister Cities Advisory Board with the term expiring on August 31, 2012. SUMMARY: BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council and a representative of the Clearwater Sister Cities, Inc. MEMBERS: 6 CHAIRPERSON: Linda S. Damsky MEETING DATES: No less often than quarterly PLACE: TBD APPOINTMENTS NEEDED: 1 SPECIAL QUALIFICATIONS: Representatives of the local business community, the School Board's World Language Coordinator or designee, and the Clearwater Arts Foundations shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER(S) RESIGNED: 1. Nicole Scholet - 2761 Northridge Dr. E., 33761 - Student Original Appointment 12/14/06 - (Expiration date - 12/31/2010 - 1st Term) (Youth Member) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE YOUTH MEMBER VACANCY: 1. Katie Bosley - 2524 Northfield Ln., 33761 - Student (Youth Member) 2. Zachary Tranter - 2295 Glenmoor Rd. S., 33764 - Student (Youth Member) Zip codes of current members: Cover Memo 2 - 33765 Item # 19 1 - 33767 1 - 34698 Review Approval: 1) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 1 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Name: Zachary Tranter RECEIVED JUl 01 2008 Home Address: 2295 Glenmoor Rd. S. Clearwater, FI 33764 Telephone: 727-531-6230 OfFICIAL RECORDS ANi) LE6ISLA'TtVE SRVC:S DFPT Office Address: N/A How long a resident of Clearwater? : 7 years Occupation: Student School: Palm Harbor University High School Field of Education: IB Program Community Activities: From May 2007 to May 2008, I raised a future service dog for PAWS with A Cause. Other Interests: I enjoy cooking, singing, and acting. Board Service: N/A Board Preference: Youth Member of the Sister Cities Advisory Board Date: June 27, 2008 Item # 19 Attachment number 1 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? I understand that the Sister Cities Advisory Board is in place to preserve the great relationship between Nagano, Japan and Clearwater. They try to better the program in any way possible. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? After returning from Nagano with the 2007 Student Exchange, my fellow students and I attended a board meeting to present the city with the gifts given to them by Nagano. 3. What background and/or qualifications do you have that you feel would qualify you to serve this Board? As a past Exchange Student I know how it is to connect with a different culture. The Sister Cities Advisory Board attempts to better this connection and, because I have previously connected with the Japanese culture, I feel I am qualified to propose and make decisions on bettering the program. 4. Why do you want to serve on this Board? I would like to serve on the Board because I believe that I could help better the program. I see the program from the eyes of a teenager and could help mold the program to appeal more to teenagers. This would strengthen the program for future generations and increase cultural awareness to youth. Item # 19 Attachment number 2 Page 1 of 1 JUt 1 8 2008 CITY OF CLEARWATER - APPLICATION FOR ADVISORY B~fiJ~08' (must be Clearwater resident)J:(-:,;,'S,Ai, Name: ~ o..t\e. 6~\f.u V"Y\DrttG~ S ~ ~Address: :15:2-11 \--jovfu~e.,\(\ U'\, t \ e.o.x \iO.ter J f L Zip 33710 \ ~. - (('II; Telephone:J21-'12-(o--63'~ lZ1-10Cr-5LfQg How long a resident of Clearwater? ~ 6 ~.t~ Occupation: otvu1 €.xlt Field of Education: \-\ \~ \'1 ~OO\ - D.~i u.Jc--l.cU" t-\ I!\ h c:;; ( "" 0 d ~11~~s: --a(oS l ~vS1::-c.. ex ' C\ f-c.n...) c..-ter I F L Zip 2>?:, I L~ I Telephone: - /7..(- 'l Cf I -~<6ll Employer: - Other Work Experience: ~~~\t\i\'\CJI hOMe <A~;,t-(U\t- t,o d\~o.\a\{<\ \NOMQ,'\. (OC.tO\\OlloJ) If retired, former occupation: - Community Activities: VO\~t-et(. a.,-r thUXc.h \Y\ re. \\~I O\A) e.c1\Atc}.,t-iOI\ 0 '6\AXY\fN..K p\0)~rCU'i)~ I Slc;:.,~ u+\e~ exL.~c.V\~(> P(D~:I~'^" hos.t. Other Interests: Cheif, ~Oc..(~l drCU'\"-C\.) oxic (eSptOOJ\'j ?no\\)9mp\r\~) Board Service (current and past): Board Preference: ~\S\--if (,tie) 1ic\\l\~(J(l1 ~OCl.vc\ Additional Comments: -'*- 'P~E N.!5 ~\IC. ~Oll\1{ CUS;CDO'-t--i FU\~ I \\l~s" \V\ Cl*'t of' Cte..c(COc..~ Signed: ~ j!,~ Date: 5 - 2 q -O~ See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 19 Attachment number 2 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? :r LAndex~H~nd fu.e bo(;.Lrd's duJ,'e-S. ~ (e~po(\Slbi\ in\f:..~ ax-e.. to odvis.e. -the. 6r..; COLU1 ciL OY\ f11e ~I's +-if cih'e> prc.qr04"h :I a.<;s~{ ~ €voJ~re the.. cI.Jl'renr-pro9fCU'v\. Tf1ro~h clisc!.As's,'"", 3 tt-rt'''L -t:owo.xd mo..lGtI1j CUY f\~ce~o.YLj ; thf'r-V v€-l'l1enK. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? no 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I. ~ co~fv'/+o.Aole. CO{\II~;~ with a.duA~ jY\t\u..dif19 ~b.e..6 of- \'Y\'j c\1\JXbh / teo..c..h~f') 3 Clc\m..:''1i ~\vo..to's. T/m .exITLH'l. eJ~lfI\J()\"ec\ 'In ~.m:,..,-ewri CV-\CU' (1U-\\!lh<-') oJ- ~ <ichw~ (A~ (L n~')tY" ck -H..,_ ryiV'\d~~ (J(h"\~^1 ?c::a.vcl ~ co-CQ~o..n o~- ~ crv &...e.ev- ~"y..o!,Lr.(\,.AdLhh'CJt\ I l'V\.j rCuM\\~ ~(A>, hU'~ttd VV'-v\Afip\e e.xc,^,",cN\~<' <<'\>utW..t"\t~ o\tvr t,,~ y.e.o.n I i()dlAll\~ thn)~k ~ t\e.o..r~y S\~\er (.Ah'.E'~ PIlt("61~. . 4. Why do you want to serve on this Board? ":1:' ~d \o,,{, me.. a:~ex-1eK\t.~ ot- \tJOM~ vJ~tn t.Om.mv.vl~~ \ eo.dex-~ t ~~tci(J..\~ i 1'\ -ti\i.~ i ...d'"€y()cd, ol\.cJ. prOCjyo.-m.. I WQ.nt-" to qi\le, t:fJ4.. tv (Y\~ COMM.W'l."hj b~ l)\+e.~I'\~ ()i111 he\pnA ~()f>\J-:)-, 0.\ Q t--tevl,mtht.. tltOJrvJeAfif ~\\rv"" C\h tS Pt1>tJ("OJfh- Name: ~aJi e., Bo $\ ~ Board Name: ~,~te,y- C4h'~S A-dVL ~ ~Oo.Kd Item # 19 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7958-08 on second reading, annexing certain real property whose post office address is 3147 Downing Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 20 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7958-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DOWNING STREET APPROXIMATELY 725 FEET EAST OF MCMULLEN BOOTH ROAD CONSISTING OF LOT 1, DOWNING SUBDIVISION, FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 3147 DOWNING STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, 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, FLORI DA: 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, Downing Subdivision, First Addition, according to the map or plat thereof as recorded in Plat Book 62, Page 37, Public Records of Pinellas County, Florida (ANX2008-03008) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 20 Ordinance No. 7958-08 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7959-08 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 3147 Downing Street, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 21 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7959-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DOWNING STREET APPROXIMATELY 725 FEET EAST OF MCMULLEN BOOTH ROAD CONSISTING OF LOT 1, DOWNING SUBDIVISION, FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 3147 DOWNING STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Cateqory Lot 1, Downing Subdivision, First Addition, according Residential Urban (RU) to the map or plat thereof as recorded in Plat Book 62, Page 37, Public Records of Pinellas County, Florida (ANX2008-03008) 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. 7958-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 21 Ordinance No. 7959-08 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7960-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3147 Downing Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 22 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7960-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DOWNING STREET APPROXIMATELY 725 FEET EAST OF MCMULLEN BOOTH ROAD CONSISTING OF LOT 1, DOWNING SUBDIVISION, FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 3147 DOWNING STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoninq District Lot 1, Downing Subdivision, First Addition, Low Medium Density Residential according to the map or plat thereof as recorded (LMDR) in Plat Book 62, Page 37, Public Records of Pinellas County, Florida (ANX2008-03008) 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. 7958-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 22 Ordinance No. 7960-08 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7961-08 on second reading, annexing certain real property whose post office address is 1460 Dexter Drive, together with the right-of-way abutting Lots 5, 6, and 7 of Douglas Manor Lake Subdivision, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 23 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7961-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF DEXTER DRIVE APPROXIMATELY 200 FEET NORTH OF NURSERY ROAD, CONSISTING OF LOT 5, BLOCK B, DOUGLAS MANOR LAKE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1460 DEXTER DRIVE, TOGETHER WITH THE RIGHT-OF-WAY ABUTTING LOTS 5, 6 AND 7 OF DOUGLAS MANOR LAKE SUBDIVISION, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVI 01 NG AN EFFECTIVE DATE. WH EREAS, 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 5, Block B, Douglas Manor Lake Subdivision, according to the map or plat thereof as recorded in Plat Book 37, Page 99, Public Records of Pinellas County, Florida, together with the right-of-way abutting Lots 5, 6 and 7 of Douglas Manor Lake Subdivision. (ANX2008-03009) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 23 Ordinance No. 7961-08 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7962-08 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 1460 Dexter Drive, together with the right-of-way abutting Lots 5, 6, and 7 of Douglas Manor Lake Subdivision, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 24 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7962-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF DEXTER DRIVE APPROXIMATELY 200 FEET NORTH OF NURSERY ROAD, CONSISTING OF LOT 5, BLOCK B, DOUGLAS MANOR LAKE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1460 DEXTER DRIVE, TOGETHER WITH THE RIGHT-OF-WAY ABUTTING LOTS 5, 6 AND 7 OF DOUGLAS MANOR LAKE SUBDIVISION, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 5, Block B, Douglas Manor Lake Subdivision, according to the map or plat thereof as recorded in Plat Book 37, Page 99, Public Records of Pinellas County, Florida, together with the right-of-way abutting Lots 5, 6 and 7 of Douglas Manor Lake Subdivision. (ANX2008-03009) Land Use CateQorv Residential Low (RL) 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. 7961-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 24 Ordinance No. 7962-08 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7963-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1460 Dexter Drive, together with the right-of-way abutting Lots 5, 6, and 7 of Douglas Manor Lake Subdivision, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 25 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7963-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF DEXTER DRIVE APPROXIMATELY 200 FEET NORTH OF NURSERY ROAD, CONSISTING OF LOT 5, BLOCK B, DOUGLAS MANOR LAKE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1460 DEXTER DRIVE, TOGETHER WITH THE RIGHT-OF-WAY ABUTTING LOTS 5, 6 AND 7 OF DOUGLAS MANOR LAKE SUBDIVISION, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 5, Block B, Douglas Manor Lake Subdivision, according to the map or plat thereof as recorded in Plat Book 37, Page 99, Public Records of Pinellas County, Florida, together with the right-of-way abutting Lots 5, 6 and 7 of Douglas Manor Lake Subdivision. (ANX2008-03009) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7961-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 25 Ordinance No. 7963-08 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7968-08 on second reading, annexing certain real property whose post office address is 1762 West Manor Avenue into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 26 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7968-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED BETWEEN WEST MANOR AVENUE AND BELCHER ROAD APPROXIMATELY 80 FEET SOUTH OF MANOR BOULEVARD NORTH, CONSISTING OF LOT 19, CLEARWATER MANOR, WHOSE POST OFFICE ADDRESS IS 1762 WEST MANOR AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, 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, FLORI DA: 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 19, Clearwater Manor, according to the plat thereof, as recorded in Plat Book 41, Page 66, Public Records of Pinellas County, Florida (ANX2008-05011) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 26 Ordinance No. 7968-08 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7969-08 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 1762 West Manor Avenue, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 27 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7969-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED BETWEEN WEST MANOR AVENUE AND BELCHER ROAD APPROXIMATELY 80 FEET SOUTH OF MANOR BOULEVARD NORTH, CONSISTING OF LOT 19, CLEARWATER MANOR, WHOSE POST OFFICE ADDRESS IS 1762 WEST MANOR AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 19, Clearwater Manor according to the plat thereof, as recorded in Plat Book 41, Page 66, Public Records of Pinellas County, Florida (ANX2008-05011 ) Land Use Cateqory Residential Low (RL) 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. 7968-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 27 Ordinance No. 7969-08 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7970-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1762 West Manor A venue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 28 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7970-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED BETWEEN WEST MANOR AVENUE AND BELCHER ROAD APPROXIMATELY 80 FEET SOUTH OF MANOR BOULEVARD NORTH, CONSISTING OF LOT 19, CLEARWATER MANOR, WHOSE POST OFFICE ADDRESS IS 1762 WEST MANOR AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 19, Clearwater Manor according to the plat thereof, as recorded in Plat Book 41, Page 66, Public Records of Pinellas County, Florida (ANX2008-05011 ) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7968-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 28 Ordinance No. 7970-08 Attachment number 1 Page 2 of 2 Item # 28 Ordinance No. 7970-08 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7975-08 on second reading, amending the Zoning Atlas of the city by rezoning certain property whose post office address is 1241, 1261 and 1281 Gulf Boulevard, from Business (B) to Commercial (C). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 29 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7975-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTHEAST SIDE OF GULF BOULEVARD APPROXIMATELY 2900 FEET SOUTH OF CLEARWATER PASS BRIDGE, CONSISTING OF LOT 1, SUBDIVISION OF RADISSON BAYSIDE HOTEL, WHOSE POST OFFICE ADDRESS IS 1241, 1261 AND 1281 GULF BOULEVARD, FROM BUSINESS (B) TO COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoninq District See attached legal description From: Business (B) (REZ2008-04002) To: Commercial (C) 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. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 29 Ordinance No. 7975-08 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7979-08 on second reading, amending the operating budget for the fiscal year ending September 30,2008 to reflect increases and decreases in revenues and expenditures for the general fund, special development fund, special program fund, water and sewer fund, stormwater utility fund, gas fund, solid waste fund, recycling fund, airpark fund, parking fund, and central insurance fund. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 30 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7979-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER AND SEWER FUND, STORMWATER UTILITY FUND, GAS FUND, SOLID WASTE FUND, RECYCLING FUND, AIRPARK FUND, PARKING FUND, AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2008, for operating purposes, including debt service, was adopted by Ordinance No. 7866-07; and WHEREAS, at the Mid Year Review it was found that increases and decreases are necessary in the total amount of $979,392 for revenues and $1,714,212 for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 7866-07 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2007 and ending September 30, 2008 a copy of which is on file with the City Clerk, the City Council hereby adopts .an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard, Mayor Approved as to form: Attest: Pamela K. Akin, City Attorney 41 Cynthia E. Goudeau, City Clerk Item # 30 Ordinance No. 7979-08 Attachment number 2 Page 1 of 2 EXHIBIT A 2007-08 BUDGET REVENUE First Quarter Mid Year Original Amended Amended Budget Budget Budget 2007/08 2007/08 2007/08 Amendments General Fund: Property Taxes 47,273,940 47,273,940 47,273,940 Franchise Fees 9,833,640 9,833,640 9,833,640 Utility Taxes 11,928,390 11,928,390 11,928,390 Licenses, Permits & Fees 4,492,580 4,492,580 4,492,580 Sales Tax 6,564,320 6,197,530 6,197,530 Communications Services Tax 7,045,750 7,045,750 7,045,750 Intergovernmental Revenues 11,809,270 12,472,210 12,472,210 Charges for Current Services 3,763,800 3,799,950 3,869,800 69,850 Fines & Forfeitures 955,000 955,000 955,000 Interest Income 1,263,950 1,263,950 1,263,950 Miscellaneous 1,053,710 1,503,710 1,803,710 300,000 Interfund Charges / Transfers In 17,193,280 17,220,388 17,220,388 Transfer from Surplus 0 623,485 499,645 (123,840) Total, General Fund 123,177 ,630 124,610,522 124,856,532 246,010 Special Revenue Funds: Special Development Fund 18,166,980 18,166,980 18,805,897 638,917 Special Program Fund 2,132,910 4,062,152 5,262,152 1,200,000 Local Housing Asst Trust Fund 1,195,250 1,195,250 1,195,250 Utility & other Enterprise Funds: Water & Sewer Fund 59,930,170 59,930,170 56,730,170 (3,200,000) Stormwater Utility Fund 14,436,690 14,499,680 14,532,988 33,308 Solid Waste Fund 18,153,900 18,153,900 18,060,600 (93,300) Gas Fund 50,656,650 53,123,570 52,144,160 (979,410) Recycling Fund 2,834,930 3,044,260 3,334,260 290,000 Marine (and Aviation) Fund 4,823,730 4,702,910 4,702,910 Airpark Fund 0 233,000 235,070 2,070 Parking Fund 4,102,130 4,342,130 4,447,830 105,700 Harborview Center Fund 704,360 704,360 704,360 Internal Service Funds: Administrative Services Fund 10,200,730 10,200,730 10,200,730 General Services Fund 5,236,710 5,236,710 5,236,710 Garage Fund 13,293,770 13,293,770 13,293,770 Central Insurance Fund 21,306,060 21,690,338 24,426,435 2,736,097 Total, All Funds 350,352,600 357,190,432 358,169,824 979,392 Ordinance #7979-08 Item # 30 Attachment number 2 Page 2 of 2 EXHIBIT A (Continued) 2007-08 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget 2007/08 2007/08 2007/08 Amendments General Fund: City Council 295,920 295,920 295,920 City Manager's Office 1,268,700 1,268,700 1,178,700 (90,000) City Attorney's Office 1,676,820 1,676,820 1,676,820 City Audit 162,870 172,870 172,870 Development & Neighborhood Svcs 4,295,940 4,395,940 4,395,940 Economic Development & Housing SVI 1,436,710 1,436,710 1,436,710 Engineering 7,028,070 7,028,070 7,028,070 Equity Services 338,200 338,200 338,200 Finance 2,265,190 2,255,190 2,255,190 Fire 21,423,410 21,423,410 21,423,410 Human Resources 1,231,480 1,231,480 1,231,480 Library 6,433,700 6,433,700 6,433,700 Marine & Aviation 1,221,490 1,221,490 1,261,490 40,000 Non-Departmental 6,394,690 7,691,432 7,791,432 100,000 Office of Management & Budget 305,160 305,160 305,160 Official Records & Legislative Svcs 1,255,700 1,255,700 1,255,700 Parks & Recreation 21,888,050 22,023,510 22,101,520 78,010 Planning 1,414,750 1,414,750 1,414,750 Police 36,970,730 36,970,730 37,088,730 118,000 Public Communications 1,098,590 1,098,590 1,098,590 Public Services 3,684,770 3,585,460 3,585,460 Allocation to Reserve 1,086,690 1,086,690 1,086,690 Total, General Fund 123,177 ,630 124,610,522 124,856,532 246,010 Special Revenue Funds: Special Development Fund 15,933,750 16,564,500 17,203,417 638,917 Special Program Fund 1,832,910 3,762,152 5,762,152 2,000,000 Local Housing Asst Trust Fund 1,195,250 1,195,250 1,195,250 Utility & other Enterprise Funds: Water & Sewer Fund 59,930,170 59,930,170 56,730,170 (3,200,000) Stormwater Utility Fund 14,436,690 14,499,680 14,532,988 33,308 Solid Waste Fund 18,068,320 18,068,320 17,975,000 (93,320) Gas Fund 45,896,470 47,777,980 46,782,550 (995,430) Recycling Fund 2,834,930 3,017,740 3,307,440 289,700 Marine (and Aviation) Fund 4,774,180 4,522,040 4,522,040 Airpark Fund 0 232,540 235,070 2,530 Parking Fund 3,804,260 3,952,580 4,008,980 56,400 Harborview Center Fund 704,360 704,360 704,360 Internal Service Funds: Administrative Services Fund 10,197,640 10,197,640 10,197,640 General Services Fund 5,235,590 5,235,590 5,235,590 Garage Fund 13,293,770 13,293,770 13,293,770 Central Insurance Fund 19,986,040 20,370,318 23,106,415 2,736,097 Total, All Funds 341,301,960 347,935,152 349,649,364 1,714,212 Ordinance #7979-08 2 Item # 30 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7980-08 on second reading, amending the capital improvement budget for the fiscal year ending September 30, 2008, to reflect a net increase of $3,914,347. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 31 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7980-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008, TO REFLECT A NET INCREASE OF $3,914,347 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30,2008 was adopted by Ordinance No. 7867-07; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 7867-07 is amended to read: Pursuant to the Mid Year Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2007 and ending September 30, 2008, a copy of which is on file with the City Clerk, the City Council hereby adopts a Mid Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Item # 31 Ordinance #7980-08 Attachment number 2 Page 1 of 2 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2007/08 2007/08 2007/08 Amendments Police Protection 250,000 (555,302) (555,302) Fire Protection 451,000 458,000 458,000 Major Street Maintenance 3,775,720 3,730,165 3,974,164 243,999 Sidewalks and Bike Trail 0 161,015 1,429,596 1,268,581 Intersections 435,000 385,824 385,824 Parking 300,000 267,230 267,230 Miscellaneous Engineering 35,000 73,250 73,250 Land Acquisition 0 (759) (759) Park Development 10,155,410 11,024,722 11,285,697 260,975 Marine Facilities 160,000 11,310,000 13,896,097 2,586,097 Airpark Facilities 10,000 10,000 10,000 Libraries 706,290 706,290 373,275 (333,015) Garage 2,840,500 2,840,500 2,840,500 Maintenance of Buildings 998,000 998,000 900,455 (97,545) Miscellaneous 909,000 909,000 909,000 Stormwater Utility 5,511,300 6,554,854 6,588,162 33,308 Gas System 6,168,830 2,003,705 2,003,705 Solid Waste 160,000 160,000 160,000 Utilities Miscellaneous 44,000 44,000 44,000 Sewer System 12,347,280 12,871,722 12,792,522 (79,200) Water System 10,971,460 11,714,662 11,745,809 31,147 Recycling 140,000 140,000 140,000 TOTAL 56,368,790 65,806,878 69,721,225 3,914,347 GENERAL SOURCES: General Operating Revenue 2,072,330 3,131,859 2,958,844 (173,015) General Revenue/County Co-op 706,290 706,290 706,290 Road Millage 2,820,720 2,820,720 2,820,720 Penny for Pine lias 3,350,000 3,950,000 3,950,000 Transportation Impact Fee 290,000 320,750 320,750 Development Impact Fee 0 0 0 Local Option Gas Tax 1,100,000 1,100,000 1,100,000 Recreation Land Impact Fee 750,000 750,000 750,000 Open Space Impact Fee 750,000 750,000 750,000 Special Development Fund 0 0 2,000,000 2,000,000 Special Program Fund 30,000 30,000 30,000 Grants - Other Agencies 4,700,000 4,672,115 6,040,696 1,368,581 Sales of Surplus Revenue 0 1,087 2,062 975 Donation Revenue 0 (67,775) (67,775) Other Governmental Units 0 1,399,824 1,399,824 Other Contributions 0 0 49,400 Ite~9i~ 45 Ordinance # 7980-08 Attachment number 2 Page 2 of 2 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2007/08 2007/08 2007/08 Amendments SELF SUPPORTING FUNDS: Marine/Aviation Revenue 50,000 50,000 50,000 Parking Revenue 303,000 303,000 303,000 Harborview Revenue 118,910 118,910 118,910 Utility System: Water Revenue 1,978,500 1,978,500 1,978,500 Sewer Revenue 15,800 15,800 15,800 Water Impact Fees 250,000 250,000 250,000 Sewer Impact Fees 1,044,600 1,044,600 1,044,600 Utility R&R 2,706,060 2,706,060 2,706,060 Stormwater Utility Revenue 2,609,570 2,672,560 2,705,868 33,308 Gas Revenue 5,945,000 1,780,000 1,780,000 Grants - Other Agencies 0 980,564 1,029,566 49,001 INTERNAL SERVICE FUNDS: Garage Revenue 179,000 179,000 179,000 Administrative Services Revenue 500,000 500,000 500,000 Central Insurance Revenue 0 0 2,736,097 2,736,097 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 383,000 (420,215) (420,215) Lease Purchase - Special Events Revenue 34,000 34,000 34,000 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 73,780 41,000 41,000 Lease Purchase - Solid Waste 160,000 160,000 160,000 Lease Purchase - Recycling 140,000 140,000 140,000 Bond Issues - Water & Sewer 17,303,000 17,303,000 17,303,000 Bond Issue - Stormwater 2,907,730 2,907,730 2,907,730 Bond Issue - Marine 0 10,400,000 8,250,000 (2,150,000) BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 2,758,500 2,758,500 2,758,500 Lease Purchase - Administrative Services 339,000 339,000 339,000 TOTAL ALL FUNDING SOURCES: 56,368,790 65,806,878 69,721,226 3,914,347 Item # 31 46 Ordinance # 7980-08 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7981-08 on second reading, relating to the neighborhood and affordable housing advisory board; amending code of ordinances, Article 2, Division 9A, Sections 2.226 through 2.229; increasing the number of board members from seven to eleven and providing for qualifications of said members; providing for powers and duties of the board; providing procedures for the board's adoption of final housing incentive strategies recommendations; updating obsolete language; amending code of ordinances Section 2.063 to provide an exception from the city residency requirement for certain members of the neighborhood and affordable housing advisory board. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 32 Attachment number 1 Page 1 of 6 ORDINANCE NO. 7981-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD; AMENDING CODE OF ORDINANCES, ARTICLE 2, DIVISION 9A, SECTIONS 2.226 THROUGH 2.229; INCREASING THE NUMBER OF BOARD MEMBERS FROM SEVEN TO ELEVEN AND PROVIDING FOR QUALIFICATIONS OF SAID MEMBERS; PROVIDING FOR POWERS AND DUTIES OF THE BOARD; PROVIDING PROCEDURES FOR THE BOARD'S ADOPTION OF FINAL HOUSING INCENTIVE STRATEGIES RECOMMENDATIONS; UPDATING OBSOLETE LANGUAGE; AMENDING CODE OF ORDINANCES SECTION 2.063 TO PROVIDE AN EXCEPTION FROM THE CITY RESIDENCY REQUIREMENT FOR CERTAIN MEMBERS OF THE NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to participate in the State Housing Initiatives Partnership, the City of Clearwater must establish a local affordable housing advisory committee, which must triennially adopt an affordable housing report and perform other duties; and WHEREAS, Florida Statutes Section 420.9076 was amended by the 2007 Florida Legislature to provide for additional members and their qualifications, and making other revisions, and it is necessary to harmonize the Code of Ordinances with the new statutory provisions; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Code of Ordinances, Division 9A, Sections 2.226 through 2.229, is hereby amended to read as follows: DIVISION 9A. NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD Sec. 2.226. Creation; membership. (1) There is hereby created and established the Neighborhood and Affordable Housing Advisory Board of the City of Clearwater. (2) The board shall consist of seven a minimum of eleven members who are residents of or conduct work in the city. Members shall be appointed by the Gity commission city council. The board shall include the following: Ordinance No. 79l:UEOO # 32 Attachment number 1 Page 2 of 6 1. One citizen who is actively engaged in the residential building industry and/or those areas of labor engaged in residential building industry. 2. One citizen who is actively engaged in the banking or mortgage industry 3. One citizen who is designated as an advocate for low income persons. 1. One citizen who is a provider of affordable housing and/or a real estate professional. 5. One citizen who is a resident of one of the city's neighborhood revitalization strategy areas. 6. One citizen who is a resident of the city. 7. One citizen who is a resident of East Clearvvater. For the purposes of this subsection, the boundaries of East Clear\IVater shall be defined by resolution of the city commission. 1. One citizen who is actively enqaqed in the residential home buildinq industry in connection with affordable housinq. 2. One citizen who is actively enqaqed in the bankinq or mortqaqe industry in connection with affordable housinq. 3. One citizen who is a representative of those areas of labor enqaqed in home buildinq in connection with affordable housinq. 4. One citizen who is actively enqaqed as an advocate for low-income persons in connection with affordable housinq. 5. One citizen who is actively enqaqed as a for-profit provider of affordable housinq. 6. One citizen who is actively enqaqed as a not-for-profit provider of affordable housinq. 7. One citizen who is actively enqaqed as a real estate professional in connection with affordable housinq. 8. One citizen who serves on the local planninq aqency pursuant to Florida Statutes Section 163.3174. 9. One citizen who resides within the City of Clearwater. 10. One citizen who represents employers within the City of Clearwater. 11. One citizen who represents essential services personnel. as defined in the local housinq assistance plan. (3) Of the initial appointments, three members shall be appointed for a term of four years; two members shall be appointed for a term of three years; two members shall be appointed for a term of two years. Thereafter, appointments shall be for a term of four years. A member, including a member initially appointed for term of less than four years, may be reappointed for not more than one additional term. If a vacancy occurs, a new appointment shall be made by the city commission council for the unexpired term. Members shall serve without pay. Sec. 2.227. Officers; conduct of meetings; staff liaison. (1) The board shall elect from its membership a chairperson, a vice- chairperson, and such other officers as the board may find necessary. Each 2 Item # 32 Attachment number 1 Page 3 of 6 officer of the board shall serve for a term of one year. The chairperson shall not serve consecutive terms as chairperson. (2) The board shall adopt rules of procedure to govern the conduct of its business. The board shall hold at least one regular meeting every three months and may hold regular meetings more frequently as the board may agree, but not more than one regular meeting shall be held per month. Special meetings may be called as is necessary by the chairperson, or by any three members, upon not less than 24 hours written notice. A quorum shall consist of the majority of the members currently serving. In the presence of a quorum, board business shall be conducted by a majority vote of the members present and voting. The board and its members shall comply with the public records and public meeting laws and other applicable laws of the State of Florida. (3) The city manager shall designate a city employee to serve as staff liaison for the board and to assist the board in the performance of its duties, including the appointment of a recording secretary to meet the administrative needs of the board. Any request by the board for information, reports, or other significant work efforts that will reasonably be expected to exceed eight hours of staff time shall require the advance approval of the city commission council. Sec. 2.228. Powers and duties. The board shall have the followinq powers and duties: Every three years the board shall review the established policies and procedures, ordinances, land development requlations, and adopted local qovernment comprehensive plan of the city and shall recommend specific actions or initiatives to encouraqe or facilitate affordable housinq while protectinq the ability of the property to appreciate in value. The board shall subm it a report to the city that includes recommendations on and triennially thereafter evaluates the implementation of affordable housinq incentives in the followinq areas; (a) The processinq of approvals of development orders or permits and expedited permittinq for affordable housinq projects. (b) The modification of impact fee requirements, includinq reduction or waiver of fees and alternative methods of fee payment for affordable housinq. (c) The allowance of flexibility in densities for affordable housinq. (d) The reservation of infrastructure capacity for housinq for very-low income persons, low-income persons, and moderate income persons. (e) The allowance of affordable accessory residential units in residential zoninq districts. (f) The reduction of parkinq and setback requirements for affordable housinq. (g) The allowance of flexible lot confiqurations, includinq zero-lot line confiqurations for affordable housinq. (h) The modification of street requirements for affordable housinq. (i) The establishment of a process by which the city considers, before adoption, policies, procedures, ordinances, requlations, or plan provisions that increase the cost of housinq. 3 Item # 32 Attachment number 1 Page 4 of 6 U) The preparation of a printed inventory of locally owned public lands suitable for affordable housinq. (k) The support of development near transportation hubs and maior employment centers and mixed-use developments. The approval by the board of the city's local incentive strateqies recommendations and its review of local qovernment implementation of previously recommended strateqies must be made by affirmative vote of a maiority of the membership of the board taken at a public hearinq. Notice of the time, date, and place of the public hearinq of the board to adopt final housinq incentive strateqies recommendations must be published in a newspaper of qeneral paid circulation in Pinellas County. The notice must contain a short and concise summary of the housinq incentive strateqies recommendations to be considered by the board. The notice must state the public place where a copy of the tentative board recommendations can be obtained by interested persons. Within ninety days after the date of receipt of the housinq incentive strateqies recommendations from the board, the city council shall adopt an amendment to its local housinq assistance plan to incorporate the housinq incentive strateqies it will implement. In addition, the board may: (1) Review the programs of the city which are directed to improving the physical environment and lifestyle of low to moderate income people assisted by the various federal aMJ. state and county housing and community development programs the city receives, by: (a) Assessing neighborhood needs; (b) Formulating neighborhood goals and objectives; (c) Establishing priorities for projects within neighborhoods; (d) Monitoring programs; and (e) Evaluating programs. (2) The monitoring and evaluation of programs shall, as a minimum, include the following activities: (a) Attending and participating in public hearings regarding the programs; (b) Reviewing condition data; (c) Reporting citizen reactions to projects and programs; (d) Reviewing reports regarding projects and program activities; (e) Reviewing goals and objectives and recommending priorities for the order in which activities are to be undertaken; and (f) Reviewing applications for the funding of selected programs. (3) Make recommendations to the city manager and city commission council regarding such programs. (4) Carry out the duties of an advisory committee when and to the extent that an advisory committee may be required for the various state aM Jederal and county housing and community development programs the city receives. 4 Item # 32 Attachment number 1 Page 5 of 6 Sec. 2.229. Removal. (1) The city commission council shall have the authority to remove any member of the board for misconduct or neglect of duty. (2) The city manager shall have the authority to remove any member of the board for excessive absence as defined in section 2.066. Section 2. Code of Ordinances Section 2.063 is hereby amended to read as follows: Sec. 2.063. Qualifications and appointment of members. (1) In addition to other qualifications which may be specified for board membership, a person appointed to a board shall be a resident of the city at the time of appointment and shall maintain residency within the city during the term of the appointment as a condition of eligibility to hold office. No employee of the city shall be appointed to membership on a board of the city. As exceptions to the requirements of this section: ***** (i) The persons appointed to the Neiqhborhood and Affordable Housinq Advisory Board need not be residents of the city as lonq as they meet the qualifications set forth in Section 2.226(2), except that the person referenced in Subsection 2.226(2)9. must be a resident of the city. ***** Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor 5 Item # 32 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attachment number 1 Page 6 of 6 Attest: Cynthia E. Goudeau City Clerk 6 Item # 32 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7982-08 on second reading, amending Chapter 2, Article III, Division 2, Code of Ordinances relating to the Airpark Advisory Board; amending Section 2.082 relating to composition of the board; amending Section 2.083, terms of members; amending Section 2.084, powers and duties; and deleting Section 2.085. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 33 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7982-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 2 ARTICLE III DIVISION 2, CODE OF ORDINANCES RELATING TO THE AIRPARK ADVISORY BOARD; AMENDING SECTION 2.082 RELATING TO COMPOSITION OF THE BOARD; AMENDING SECTION 2.083, TERMS OF MEMBERS; AMENDING SECTION 2.084, POWERS AND DUTIES; DELETING SECTION 2.085; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 2, Article III, Division 2, Code of Ordinances, is hereby amended as follows; DIVISION 2. AIRPARK ADVISORY BOARD* Sec. 2.081. Creation. There is hereby created an airpark advisory board. Sec. 2.082. Composition definitions. The airpark advisory board shall consist of five members, at least one of which shall represent a neiqhborhood in the immediate vicinity and/or impacted by the fliqht patterns and approaches. Others may be appointed in ex officio capacity in order to obtain technical expertise unavailable locally. Sec. 2.083. Terms of members. Members of the airpark advisory board shall have four year staggered terms, staggered such that not more than two terms shall expire in any calendar year. Sec. 2.084. Powers and duties. The airpark advisory board sAal-I may initiate studies and make recommendations on the operation and maintenance of the airpark matters of the city to the city commission council and shall be responsive to the city commission council on airpark matters referred to the board by the city council. Sec. 2.085. Advisory board of city. This board shall act as an advisory board of the city pertaining to airpark matters. rReservedl Ordinance No. 1~4M33 Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Attachment number 1 Page 2 of 2 2 o rd i n arnem ['#)33 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7991-08 on second reading, submitting to the city electors proposed amendments to the City Charter amending Section 8.05, Elections; amending Section 8.05(D), deleting current language and providing that the Pinellas County Canvassing Board shall serve as the City of Clearwater's Canvassing Board unless otherwise provided by ordinance. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 34 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7991-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, SUBMITTING TO THE CITY ELECTORS PROPOSED AMENDMENTS TO THE CITY CHARTER AMENDING SECTION 8.05, ELECTIONS; AMENDING SECTION 8.05(D), DELETING CURRENT LANGUAGE AND PROVIDING THAT THE PINELLAS COUNTY CANVASSING BOARD SHALL SERVE AS THE CITY OF CLEARWATER'S CANVASSING BOARD UNLESS OTHERWISE PROVIDED BY ORDINANCE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby proposed that Section 8.05(d) of the City Charter be amended as follows: Section 8.05. Elections. ***** (d) Can'l-8ssing board. The canvassing board shall have at least three members. It shall consist of the City Council members whose names do not appear on the ballot. In the event that there are less than three council members eligible to serve, the Council shall appoint as many citizen members as necessary to have three members. The canvassing board shall certify the election returns no later than 2-1 hours after the final election results are provided to the City Clerk by the Supervisor of Elections after any municipal election, except when such election is held in conjunction with an election conducted by Pinellas County, in which case certification of the returns by the county canvassing board may be accepted as the certification of the municipal election returns. The Pinellas County Canvassinq Board shall serve as the City of Clearwater's canvassinq board, unless otherwise provided by ordinance. Section 2. A referendum election is hereby called and will be held on November 4, 2008, at the general election. The question to appear on the referendum ballot reflecting the proposed amendment to the charter at said election scheduled for November 4,2008, shall be as follows: CANVASSING BOARD Shall section 8.05 of the City Charter be amended as provided in Ordinance 7991-08 to provide that the Pinellas County Canvassing Board Ordinance No.l~#rB4 Attachment number 1 Page 2 of 2 shall serve as the City of Clearwater's canvassing board, unless otherwise provided by ordinance? YES NO Section 3. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the election to be held on November 4,2008. Section 4. This ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect only upon approval of a majority of the City electors voting at the referendum election on this issue and upon the filing of the Amended Charter with the Secretary of State. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No.l~#rB4 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7992-08 on second reading, amending Section 28.041, Code of Ordinances, to create an exemption to the prohibition against street solicitations in specified conditions. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 35 Attachment number 1 Page 1 of 3 ORDINANCE NO. 7992-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO SOLICITING ON STREETS; AMENDING SECTION 28.041, CLEARWATER CODE OF ORDINANCES, TO CREATE AN EXEMPTION TO THE PROHIBITION AGAINST STREET SOLICITATIONS UNDER SPECIFIED CONDITIONS; ADDING A SEVERANCE PROVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the orderly flow of motorized traffic is a major concern in congested urban areas, particularly because an obstruction or delay in traffic at one point along a traffic artery results in delays and backups far down the roadway; and WHEREAS, a public safety hazard has been identified with persons approaching motor vehicles to solicit charitable contributions, business, or employment from the occupants of motor vehicles being operated on public streets in Clearwater; and WHEREAS, unlike the oral advocacy of ideas, or even the distribution of free literature, successful solicitation from drivers distracts them from their primary duty to watch the traffic and potential hazards in the road, observe all traffic control signals or warnings, and prepare to move through the intersection because the individual is required to respond to the solicitor by, for example, searching for currency, passing it along to the solicitor, securing any change returned, replacing a wallet or closing a purse, and then returning proper attention to the full responsibilities of operating a motor vehicle; and WHEREAS, there are numerous and diverse methods of soliciting available in the city that provide ample alternatives for solicitation, including soliciting pedestrians on the sidewalk, canvassing door-to-door, telephoning individuals, or direct mailing; and WHEREAS, the Ordinance is narrowly aimed at the disruptive nature of soliciting the occupants of motor vehicles being operated on public streets and is not intended to restrict the communication of ideas, including the distribution of free literature to occupants of motor vehicles or even the solicitation of the occupants of motor vehicles that are lawfully parked; and WHEREAS, failure to restrict solicitations of the occupants of motor vehicles being operated on public streets will endanger the health, safety, and general welfare of the public by permitting unsafe pedestrian movement within travel lanes, sudden stoppage or slowdown of traffic, rapid lane changing, turns, and other dangerous traffic movement, increased vehicular accidents, and motorist injuries and fatalities; and Ordinance No. 79~tBrJB # 35 Attachment number 1 Page 2 of 3 WHEREAS, although the City Council has a substantial governmental interest in enhancing traffic safety and ensuring the free flow of traffic, the Council also seeks not to sweep too broadly in its prohibitions so as not to burden more speech than is necessary to promote its governmental interest; and WHEREAS, the City Council has determined that a balance can be reached between its governmental interest in enhancing traffic safety and ensuring the free flow of traffic and a solicitor's First Amendment right to solicit by authorizing street solicitations when the solicitors comply with the conditions set forth below; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 28.041, Clearwater Code of Ordinances, is amended to read as follows: Section 28.041 Soliciting, collecting, etc., upon streets. ***** (3) An orqanization or person actinq on behalf of the orqanization shall be exempt from subsection (1) under the followinq conditions: (a) The orqanization or person actinq on behalf of the orqanization must provide the followinq to the chief of police: 1. No fewer than 14 calendar days prior to the proposed solicitation, the name and address of the person or orqanization that will perform the solicitation and the name and address of the orqanization that will receive funds from the solicitation. 2. A plan for the safety of all persons participatinq in the solicitation, as well as the motorinq public, at the locations where the solicitation will take place. 3. Specific details of the location or locations of the proposed solicitation and the hours durinq which the solicitation activities will occur. 4. Proof of commercial qeneralliability insurance aqainst claims for bodily injury and property damaqe occurrinq on streets, roads, or riqhts-of-way or arisinq from the solicitor's activities or use of the streets, roads, or riqhts-of-way by the solicitor or the solicitor's aqents, contractors, or employees. The insurance shall have a limit of not less than $1 million per occurrence for the qeneral aqqreqate. The certificate of insurance shall name the City of Clearwater as an additional insured and shall be filed with the Office of the Chief of Police no later than 72 hours before the date of the solicitation. (b) Orqanizations or persons meetinq the requirements of subparaqraphs (a)1.-4. may solicit for a period not to exceed 10 cumulative days within 1 calendar year. 2 Ordinance No. 79~tBrJB # 35 Attachment number 1 Page 3 of 3 (c) All solicitations shall occur durinq dayliqht hours only. (d) Solicitation activities shall not interfere with the safe and efficient movement of traffic and shall not cause danqer to the participants or the public. (e) No person enqaqinq in solicitation activities shall persist after solicitation has been denied, act in a demandinq or harassinq manner, or use any sound or voice-amplifyinq apparatus or device. (f) All persons participatinq in the solicitation shall be at least 18 years of aqe and shall possess picture identification. (q) Siqnaqe providinq notice of the solicitation shall be posted at least 500 feet before the site of the solicitation. (4) If any provision of this section is declared invalid for any reason, such invalidity shall not affect any of the remaininq provisions of this section. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Robert J. Surette Assistant City Attorney Cynthia E. Goudeau City Clerk 3 Ordinance No. 79~tBrJB # 35 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue Public Hearing and 2nd Reading of Ordinances for Land Use and Zoning Amendments for 1551 Gulf Blvd. to October 2, 2008. (LUZ2008-05002) SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 36 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue Public Hearing and 2nd Reading of Ordinance for Rezoning of 1180 and 1200 Gulf Blvd. to October 2,2008. (REZ2008- 05003) SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 37 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue Public Hearing and 2nd Reading of Ordinance for Rezoning of 1520, 1540, and 1560 Gulf Blvd. to October 2, 2008. (REZ2008-05004 ) SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 38 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue Public Hearing and 2nd Reading of Ordinance for Rezoning of 1501 Gulf Blvd. to October 2, 2008. (REZ2008-05005) SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 39 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Set Date for Impasse Hearing SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 40 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 41 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Audubon Society - Banning Dogs on North Clearwater Beach from Shorebird Nesting Areas. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 42 Attachment number 1 Page 1 of 1 . ----'" ~ ClearwaleY/"'i'.\'~ Audub~=r;~~ Received JUl 1 7 lUOS -City Manager's Office July 15, 2008 Mr. Horne, My name is Paul Trunk and I represent the Clearwater Audubon Society. CAS is asking the city enact an ordinance banning dogs from north Clearwater Beach. This past year we have been involved in a project with the Clearwater Police Department. The project consisted of posting signs on the North Clearwater Beach area in an attempt to keep dogs out of the shorebird nesting areas. As you know the area north of Mandalay Ave.to Caladesi State Park has the only remaining prime nesting habitat left on the beach. have done surveys on the nesting birds there for both Eckerd College and Florida Game and Fish Commission for the past 4 years. We have always had a problem with dogs, both leashed and unleashed, running through that habitat during nesting season. I had hoped that the posting of signs would have some impact....it has not. As I walk that area during my surveys I find dog tracks well beyond the boundary of the signs. A fe,^, years back we had a colony of 80 threatened Least Terns nesting in the area. Within 2 weeks all the nests were abandoned because of the amount of disturbance. This year we have only one pair of Wilson's Plovers that have nested on that area of the beach. The habitat in that area can support not only Wilson's Plovers, but also Least Terns, Black Skimmers and Snowy Plovers. All of these species are of special concern to the state and federal government because of the loss of their nesting ha bitat. The CPO and I contacted the homeowners who live along that stretch of the beach and their support of the "No Dogs" sign project was overwhelming. There are plenty of places that have been created for dog owners to take their dogs and run. We feel that north Clearwater Beach should not be one ofthose areas. I am making a formal request to create an ordinance that would ban dogs from Somerset Avenue, north to the Caladesi State Park border in order to protect the habitat for these beach nesting birds. Thank you for all you for the city of Clearwater and I look forward to hearing from you. Paul Trunk 1S83 Budleigh Street Clearwater, FI 33756 447-4785 ptrunk@gmail.com Item # 42 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 43 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: 2008 Legislative Session Report - Senator Mike Fasano SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 44 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Supervisor of Elections Presentation: Election Update SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 45 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Presentation of Check to Pinellas Hope SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 46 Meeting Date:8/4/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Diversity Poster Contest Prize SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 47 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Alternative Transportation - Sandi Moody, Executive Director, Bay Area Commuter Services SUMMARY: Meeting Date:8/4/2008 Review Approval: 1) Clerk Cover Memo Item # 48