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12/02/2010 - City Council Agenda Location: Council Chambers - City Hall Date: 12/2/2010- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Deputy Chief Sandra Wilson Swearing-In Attachments 4.2 Habitat for Humanity Attachments 4.3 Turkey Trot Presentation Attachments 4.4 Human Rights Week Proclamation Attachments 4.5 Annual Utilities We Care Fund Contribution Appeal Attachments 5. Approval of Minutes 5.1 Approve the minutes of the November 16, 2010 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the recommended Penny for Pinellas project list, as revised, for fiscal years 2010/2011 through 2019/2020. B Attachments 7.2 Approve the applicant's request to vacate the south 10-feet of a 20-foot utility easement lying along the south boundary of Lots 7 and 8, Block B-2,Maryland Subdivision, (a.k.a. 614 South Missouri Avenue),as more particularly described in the ordinance, and approve Ordinance 8231-10 on first reading, (VAC2010-07 Nichols), Attachments 7.3 Approve the applicant's request to vacate the north 5-feet of the 15-foot drainage and utility easement lying along the south property line of Lot 8, Mandalay Block 46A, less the west 5-feet thereof, (a.k.a. 910 Lantana Avenue), and approve Ordinance 8232-10 on first reading. (VAC2010-08 Lee) Attachments 7.4 Authorize the City to permit and implement the use of traffic infraction detectors for red light infractions pursuant to state law; authorize the appropriate officials to execute same and pass Ordinance 8233-10 on first reading. AttnchmPntc City Manager Reports 8. Consent Agenda 8.1 Award a contract to MTM Contractors of Pinellas Park, Florida, for the Cleveland Street Streetscape Phase II (08-0055-EN) construction in the amount of $2,940,906.83, which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) Attachments 8.2 Approve the final plat for Country Club Townhomes, located on the south side of Drew Street between North Betty Lane and Fredrica Drive. (consent) Attachments 8.3 Approve the supplemental engineering design services work order to Engineer of Record, King Engineering Associates, Inc., in the amount of $38,406.00 for the Water Reclamation Facilities Clarifier Evaluation and Rehabilitation Project (10-0023-UT) and authorize the appropriate officials to execute same. (consent) Attachments 8.4 Approve extension of temporary lease between City of Clearwater and Bottlenose Productions, Inc. for use of the Harborview Center in conjunction with the production of the motion picture A Dolphin's Tale, from December 15, 2010 until January 15, 2011, and authorize the appropriate officials to execute same. (consent) Attachments 8.5 Authorize additional funding to Jeffrey Hinds of Bricklemyer, Smolker and Bolves for legal representation in the cases of Divaco v. City, Szlechta v. City and Rudman v. City (Beachwalk Cases), in the amount of $150,000. (consent) Attachments 9. Other Items on City Manager Reports 9.1 Approve the appropriation of $88,200 of unappropriated retained earnings from the recommended list of funds to the departmental operating budgets to provide for the disbursement of a $100-remuneration, less withholding, to each regular full-time and part-time employee represented by Communications Workers of America (CWA) Local 3179 who was employed in an active status as of October 26, 2010. Attachments Miscellaneous Reports and Items 10. City Manager Verbal Reports 10.1 City Manager Verbal Reports Attachments 11. Other Council Action 11.1 Code changes requested for nonconforming uses, other. Attachments 11.2 MPO Reapportionment Plan - Hibbard and Doran Attachments 11.3 Discussion regarding regulation of amplified outdoor sound - Cretekos Attachments 11.4 Transportation Strategy - Jonson Attachments 12. Closing Comments by Mayor 13. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Deputy Chief Sandra Wilson Swearing-In SUMMARY: Meeting Date: 12/2/20 10 Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Habitat for Humanity SUMMARY: Meeting Date: 12/2/20 10 Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Turkey Trot Presentation SUMMARY: Meeting Date: 12/2/20 10 Review Approval: 1) Clerk Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Human Rights Week Proclamation SUMMARY: Meeting Date: 12/2/20 10 Review Approval: 1) Clerk Cover Memo Item # 4 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Annual Utilities We Care Fund Contribution Appeal SUMMARY: Meeting Date: 12/2/20 10 Review Approval: 1) Clerk Cover Memo Item # 5 City Council Agenda Council Chambers - City Hall Meeting Date: 12/2/20 10 SUBJECT / RECOMMENDATION: Approve the minutes of the November 16, 2010 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 14 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER November 16, 2010 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, and Rosemarie Call - City Clerk. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Unapproved 1 Call to Order -' --)r Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Baptist Invocation - Rev. James Lancaster of Calvary 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations - Given 4.1 Citizens Academy Graduates Certificates were presented to Emma Alaba, Linda Detman, Alan Frazer, Jason Happe, Christina Hinton, Shelia Hutek, Rosemarie Kibitlewski, Carolyn Lofton, Rosemary Meredith, Wayne Miele, Mary Morrow, David Muzio, P.J. Shah, Janet Shellenberger, Cheri Stevens, Ana Tuzzo, William Wallace, Olin Wright and Ronald Wright. 4.2 i h orhoo Homes, and usin ss Awards pro ra The Fall 2010 Neighborhood of the Quarter Award was presented to the Sand Key Civic Association. The Fall 2010 Home of the Quarter Awards were presented to Shannon O'Leary at 1612 Laura Street; Angelica Vrondos, at 1973 Edgewater Drive; Richard and Janine Harmel at 3345 San Bernandino Street; and Jason and Sheri Aquilar at 606 Belleview Boulevard. The Fall 2010 Business Beautification Recognition Award was presented to Casanova Restaurant at 811 Cleveland Street. Council 2010-11-16 Item #16 Attachment number 1 Page 2 of 14 4.3 Iron an Presentation - n rtic Ben Fertic, President of Ironman Properties, thanked the City, residents and volunteers for their efforts and continued support. 4.4 National Hunger and Homelessness Week Proclamation, ove er 14- 4.5 9 2 1 4.5 tat of the City Ar ss The City Manager reviewed efforts to achieve vision statement priorities. 5. Approval of Minutes 5.1 Approve the minutes of the November 2010 City Council Meeting and the t ember 239 2010 I pass Hearing as submitted in written summation the City CI r. Vice Mayor John Doran moved to approve the minutes of the November 4, 2010 City Council Meeting and the September 23, 2010 Impasse Hearing as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens Andrew Loomis expressed concerns with the actuarial report regarding the City's pension plan. Charles Shank disapproved city policy regarding trash pick-up fees associated with landscape clippings trimmed by someone other than the property owner. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 prov the applicant's r u st to vacate the north - south alleyway lying within lock 1, rritt's Addition (aka 606 Seminole Street and 607 Nicholson Street) and approve Ordinance 225-1 on first r ain . (VAC2 1 - First Corporation and J huah T Partnership) The applicant is seeking vacation of the subject alleyway to limit access into the properties adjacent to the alleyway. Police reports describe petty theft, grand theft and criminal mischief taking place on the adjacent property. If the alleyway is vacated, the applicant will fence off the alleyway to eliminate rear access to the involved properties. Council 2010-11-16 Item #Z Attachment number 1 Page 3 of 14 Verizon, Bright House, Knology and Progress Energy have no objections to the vacation request. The alleyway is unimproved and contains no City owned utilities. The Engineering Department has no objections to the vacation request. Engineering Assistant Director Scott Rice requested the item be continued to December 16, 2010 as the property objecting to the vacation is subject to a Municipal Code Enforcement Board hearing tomorrow. Staff wishes to have the results of the hearing before proceeding with the vacation request. The primary applicant has no objections to the delay. Councilmember George N. Cretekos moved to continue Item 7.1 to December 16, 2010. The motion was duly seconded and carried unanimously. 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8181-10 on second reading, amending the Comprehensive Plan of the City of Clearwater; providing for an update to the Capital I rov nts Element following the city's annual review pursuant t Florida Statutes Section 163.3177. Ordinance 8181-10 was presented and read by title only. Councilmember Paul Gibson moved to adopt Ordinance 8181-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.2 Adopt Ordinance 227-1 on second reading, amending Section 2.263 1)9 Clearwater Cod of Ordinances, to provid for no salary increase for and council members in Ordinance 8227-10 was presented and read by title only. Councilmember Bill Jonson Council 2010-11-16 Item #?b Attachment number 1 Page 4 of 14 moved to adopt Ordinance 8227-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. City Manager Reports 9. Other Items on City Manager Reports 9.1 Review the changes to the Penny for Pinellas III project list and provide direction tore grin further recommendations or chan, s. At the November 1, 2010 work session, City Council reviewed the City Manager's recommended changes to the Penny for Pinellas project list for years 2010 through 2020 due to the slowing economy and loss of revenues. At that meeting, Council discussed some additional changes to the plan. These changes have been incorporated, reducing the approved project list for fiscal years 2010/2011 - 2019/2020 from $107,232,000 down to $87,825,840, a reduction of approximately $19.4 million in planned projects. Once the City Council has finalized recommended changes to the planned project list, a public hearing will be scheduled to accept citizen comment and approve a revised project list. Concern was expressed that Clearwater has the third highest stormwater rates in the state. It was suggested that the city use a portion of the Penny funds for stormwater improvements. Councilmember Bill Jonson moved to reallocate $5 million of Penny for Pinellas III funds for stormwater quality improvements, subject to a reduction of a similar amount from another penny project or other penny projects. The motion failed for lack of second. Discussion ensued with concern expressed regarding the timeline associated with renovating the fire stations. It was stated that the city chose to open two new stations instead of renovating existing fire stations. In response to questions, the City Manager said the projects list has been reviewed and prioritized over time. If direction is given to accelerate the fire station renovations, staff will need time to analyze the impact to other penny projects before providing Council with suggestions. Council 2010-11-16 Item #-46 Attachment number 1 Page 5 of 14 Concern was expressed regarding the interest in re-prioritizing the projects after Council reviewed the list on November 1, 2010. In response to a comment, Budget Director Tina Wilson said the comprehensive review of the projects list was on November 1, 2010. The public hearing concentrates on the proposed gross revenue changes above $500,000 on any project. The 6-year forecast is a tool for identifying funding availability. The public hearing was initially scheduled for the beginning of next year but was pushed up to address the needs associated with the North Greenwood Recreation Center identified during the budget process. In response to a question, the City Manager said some municipalities rely heavily on general revenue funds for stormwater infrastructure improvements. Clearwater does not use general revenue funds for stormwater infrastructure improvements. The City Manager and the Fire Chief were directed to analyze the impact accelerating the fire station renovations would have on other penny projects, identify operational issues associated with current stations, and report findings to Council before end of January 2011. Consensus was to hold the public hearing on December 2, 2010. 9.2 Approve additional funding in the amount of $575,762.68 to the U.S. Army Corps of Engineers (USACOE) for the Stevenson Creek Estuary Restoration Project, bringing the City's total share of the project to $3,263,399.68. On August 21, 2008, City Council approved entering into a Project Partnership Agreement (PPA) with the USACOE for the Stevenson Creek Estuary Restoration Project and provided funding to the USACOE in the amount of $2,324,340. On August 6, 2009, City Council approved additional funding of $363,297 because the selected bid was higher than the engineer's estimate. The USACOE has requested an additional $575,762.68 for items that are out of the contract scope. The items identified for removal are contaminated soils, a sunken vessel, six abandoned utilities, equipment cost increase, changed wages and de-foaming the dewatering process. Sufficient budget and revenue are available in Capital Improvement Program project 0315-96129, Stevenson Creek Estuary Restoration. Council 2010-11-16 Item #$ Attachment number 1 Page 6 of 14 In response to a question, Engineering Manager Elliot Shoberg said staff had budgeted $1.2 million in excess as part of the contingency plan. There is $700,000 remaining. Vice Mayor John Doran moved to approve additional funding in the amount of $575,762.68 to the U.S. Army Corps of Engineers (USACOE) for the Stevenson Creek Estuary Restoration Project, bringing the City's total share of the project to $3,263,399.68. The motion was duly seconded and carried unanimously. 9.3 prov a work order for engineering design of the Hillcrest Neighborhood for wat r I prov nt sin and Construction Administration Service 0002 EN) to a Schwartz ngin ring of Tampa, Florida in the amount of $119,149. 7 and authorize th a propriat officials to execute same. This work order is for engineering design and construction administration services for stormwater improvements in the Hillcrest neighborhood (also known as Brookhill Subdivision). These stormwater improvements are in response to resident requests for a solution to street flooding, especially on St. Thomas Drive. The first design task consists of a modeling effort to determine whether stormwater improvements are feasible and practical. If not, the design effort will terminate and no stormwater improvements will be constructed. The stormwater improvements design effort will be performed concurrently with, and in coordination with, the current design effort for the Hillcrest Neighborhood Traffic Calming project, which is also being performed by the same firm, Sam Swartz Engineering. The stormwater improvements design and the traffic calming design will be combined by Sam Swartz Engineering into a single construction bid package, and the construction work will be performed under one contract by one contractor. Work on the Hillcrest stormwater improvements design will commence upon award and execution of the Work Order; the design work will also be completed in 222 calendar days; and the construction administration services will be completed at the end of construction in approximately 14 additional months. Maintenance of the stormwater improvements will be performed by the Public Services Department. Sufficient budget and revenue is available in Capital Improvement Program project 96169, Stevenson Creek, to fund the work orders. Councilmember George N. Cretekos moved to approve a work order for engineering design of the Hillcrest Neighborhood Stormwater Improvement Design and Construction Administration Services (10-0002EN) to Sam Schwartz Engineering of Tampa, Florida in the amount of $119,149.57 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Council 2010-11-16 Item 06 Attachment number 1 Page 7 of 14 This project involves construction of two (2) mini roundabouts: One mini roundabout is to be located at the intersection of Florida Avenue and Turner Street and one mini roundabout is to be located at the intersection of Phoenix Avenue and Turner Street. Construction activities also include minor landscaping improvements and additional sidewalk at a Pinellas County retention pond directly to the east of Florida Avenue. City staff carried out two neighborhood meetings with the residents of Florida and Phoenix Avenues to determine the project scope. The scope is consistent with feedback received at both public meetings and is consistent with the development order between the City of Clearwater and Boos Development. Work will commence upon award and execution of the contract and will be completed within 180 calendar days. Ongoing maintenance of the mini roundabout landscaping will be provided by the Parks and Recreation Department. The landscaping plant palate and irrigation was designed, with Parks Department input, for low maintenance. The scope includes the establishment and maintenance of the new pond landscaping for a period of two years, after which the landscaping maintenance is handed over to Pinellas County who owns the pond. Street signage and pavement markings will be maintained by Traffic Operations. Complete funding for this project is available through a $250,000 enhancement fund provided to the City of Clearwater by Boos Development, developers of the CVS Pharmacy, located at 2200 Gulf to Bay Boulevard. It is the intent of this fund to mitigate the impacts for the residents of Florida and Phoenix Avenues that were created by the vacation of the north end of Florida Avenue where the CVS Pharmacy presently stands. If additional funding becomes available through the enhancement fund, up to two additional alternate bid items totaling $46,919.40 would be added to the project. These alternates would add more landscaping to the Pinellas County retention pond and cover the initial two- year establishment and maintenance. Sufficient budget and revenue are available in project 0181-99144, Boos Development Mitigation, in the amount of $165,080.30. Councilmember Paul Gibson moved to award a contract (purchase order) for the Florida/Phoenix Avenue Traffic Calming project (08-0014-EN) to R.A.M. Excavating, Inc., of Palm Harbor, Florida, in the amount of $165,080.30 consisting of the base bid in the amount of $144,987.70 and alternate bid item, Additional Sidewalk Area, in the amount of $20,092.60, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Council 2010-11-16 Item #Z Attachment number 1 Page 8 of 14 AmeriCorps Clearwater is a public safety program designed to foster citizen responsibility, build neighborhood unity, provide educational opportunities, and save police officer time by members performing non-hazardous public safety duties. Each full-time program member provides 1,700 hours annually and each part-time member provides 900 hours annually, resulting in a savings of over 18,000 hours of valuable police officer time. This allows police officers to devote more time to hazardous and critical crime mitigation tasks. AmeriCorps members promote a safe and friendlier place to live and visit. They also serve as a conduit for dissemination of information to residents and visitors who are most affected by ongoing changes in the city. The Clearwater Police Department benefits from the members' assistance with community policing efforts and the opportunity to mentor and mold the potential police officers of the future. Eight (8) full-time AmeriCorps members, ten (10) part- time AmeriCorps members and one (1) AmeriCorps Program Coordinator are assigned to the Clearwater Police Department. The full-time AmeriCorps members receive a minimum living allowance/stipend of $11,800 per year, and part-time AmeriCorps members receive a living allowance/stipend of $6,247 per year. A continuation funding request and application was submitted and approved by The Corporation for National and Community Service for Federal Assistance in the amount of $177,823. Special Project 181-99255 has been set up for AmeriCorps Clearwater 2011. A budget amendment will provide the cash match with a transfer of $65,059from the Special Law Enforcement Trust Fund project 181-99331. Councilmember Bill Jonson moved to approve an agreement between The Florida Commission on Community Service and the City of Clearwater renewing the AmeriCorps Clearwater program for the period of January 1, 2011 through December 31, 2011, including a cash match in the amount of $65,059, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9.6 Approve a blanket urchas order to Carl Eric Johnson, Inc. of awr ncevill A, for oyno Progressive Cavity Pumps and replacement parts for the contract period ov r 1, 2010 to October 31, 2012, in th amount of 125, , Council 2010-11-16 Item #% Attachment number 1 Page 9 of 14 and authorize the aproriat officials to execute same. Public Utilities currently has 39 progressive cavity pumps manufactured by Moyno, Inc. (Moyno) in service at three (3) Water Reclamation Facilities. The Moyno pumps are used to transfer sludge, biosolids and other high viscosity fluids throughout the treatment processes. The average service life of the existing pumps is approximately 15 years. These pumps are nearly continuous duty, in an environment that is extremely corrosive and destructive, and the durability and reliability of the Moyno equipment is superior in this industry. Due to the large investment of existing equipment and the reliability of the equipment, the city's Water Reclamation Facilities have standardized the use of Moyno pumps for high solids pumping applications. Standardization of pumping equipment reduces redesign/retrofit of the piping systems and overall down time which is critical to maintaining regulatory compliance at wastewater treatment facilities. Standardization also reduces the required stocking of parts and replacement pumps, and increases the cost efficiency of maintenance operations. Carl Eric Johnson, Inc. (CEJ) is the sole authorized distributor of genuine Moyno pumps and replacement parts in Florida and Georgia. Both CEJ and Moyno, Inc. have been contacted regarding their respective business pricing strategies. Both companies have relayed that the prices quoted to Clearwater by CEJ are the current Moyno Municipal Market Base pricing, which keeps pricing competitive with the competition and provides the very best pricing available to the municipal market. Furthermore, Moyno verifies pricing from the distributor to the end customer by requiring copies of purchase orders to accompany factory orders. Sole source purchase of these pumps meets all requirements of Section 2.564 (1)(b) Code of Ordinances. The projected contract amount, $125,000, for this two-year period is based on the current performance of aging equipment and estimated costs of replacements and repairs that may be required before October 31, 2012. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-550400-535-000-0000, Water Reclamation Facility Operations, to fund $75,000.00 of the Fiscal Year 2010/2011 cost of this purchase order and is planned in the budget request to be brought forward for Fiscal Year 2011/2012 in the amount of $50,000.00. Councilmember John Doran moved to approve a blanket purchase order to Carl Eric Johnson, Inc. of Lawrenceville, GA, for Moyno Progressive Cavity Pumps and replacement parts for the contract period November 16, 2010 to October 31, 2012, in the amount of $125,000.00, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Council 2010-11-16 Item #% Attachment number 1 Page 10 of 14 9.7 ward a contract (purchase order) to I Water and Wastewater Flori 62g F?L in the amount of 325, 000.00 for lyt u s, r place nt parts, and facto authorized service for the contract p rio of November 1, 2 1 to October 31, 2 12 and authorize the appropriate officials to execute same. Flygt Pumps are standardized by the Water Reclamation Facilities for submerged internal recycle and backwash applications and by the Maintenance Division for eighty (80) lift station pump applications, because it expedites repairs, replacements and maintenance, and eliminates excessive equipment downtime without the cost of retrofit and redesign. ITT Water and Wastewater Florida, LLC is the sole source for Flygt pumps, replacement parts, and factory authorized service. Due to the large investment of existing equipment and the reliability of the equipment, our Water Reclamation Facilities have standardized the use of Flygt pumps for high solids pumping applications. Standardization of pumping equipment reduces redesign/retrofit of the piping systems and overall down time, which is critical to maintaining regulatory compliance at our wastewater treatment facilities. Standardization also reduces the required stocking of parts and replacement pumps, and increases the cost efficiency of maintenance operations. Sole source purchase of these pumps meets all requirements of Section 2.564 (1)(b) Code of Ordinances. The previous contract was for $290,000.00, which was approved by Council on October 15, 2008, for the period November 1, 2008 to October 31, 2009. Due to a lower demand for repairs and replacements than originally projected, $141,257.03 of the approved amount remained unused, and the contract was extended to October 31, 2010. Projected contract amount is based on anticipation of pumps and/or pump stations being repaired and refurbishment of stations in-house due to known upcoming projects and historic usage rates. Sufficient budget is available in the Water and Sewer Utility Fund, Water Reclamation Facility operating cost center 0421-01351-550400-535-000-0000 to fund $27,405.59 of the Fiscal Year 2010/2011 cost and is planned in the budget request to be brought forward for Fiscal Year 2011/2012 in the amount of $31,357.50, and in Fiscal Year 2012/2013 the amount of $2,663.24, and in the Maintenance operating cost center 0421-01347-550400-535-000-0000 to fund $117,594.41 of the Fiscal Year 2010/2011 cost and is planned in the budget request to be brought forward for Fiscal Year 2011/2012 in the amount of $134,551.59 and in Fiscal Year 2012/2013 the amount of $11,427.67. Council 2010-11-16 Item 4($ Attachment number 1 Page 11 of 14 Public Utilities Assistant Director Nan Bennett said staff has received a letter from the vendor guaranteeing a 5% discount of the publish list price. Councilmember George N. Cretekos moved to award a contract (purchase order) to ITT Water and Wastewater Florida, LLC, of Apopka, FL in the amount of $325,000.00 for Flygt Pumps, replacement parts, and factory authorized service for the contract period of November 16, 2010 to October 31, 2012 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 10. City Manager Verbal Reports 10.1 Discuss Charter Review The City Clerk said the city's charter requires a charter review committee be appointed at least every five years, with appointments made in January of a year preceding an election. The charter requires there be at least 10 members, all of whom must be Clearwater residents. At the time of appointment, council provides direction to the committee regarding items council would like to consider. The City Attorney said the committee typically meets once to twice a month from January to November. The committee reviews every provision of the charter and focuses on areas identified by staff or Council. In response to questions, the City Clerk said appointments would be made in January. Practice has been that each councilmember appoint an applicant and the remaining appointees selected by the collegial body. 11. Other Council Action 11.1 e iQ ht Camera Ordinance Vice Mayor John Doran discussed legislation allowing Florida municipalities to implement red light cameras ordinances. Traffic Operations Manager Paul Bertels reported that FDOT (Florida Department of Transportation) would finalize its requirements for red light cameras by December 31, 2010. In response to a suggestion that the City increase the timing of amber and all red lights, Mr. Bertels said clearance times have been increased to the maximum allowed by FDOT. He recommended installing red light cameras at the 11 city intersections with white light enforcement that now require a police presence. Council 2010-11-16 Item 416 Attachment number 1 Page 12 of 14 The City Attorney said court challenges predate the new State Statute. Vendor costs are part of negotiations and will not be addressed in the ordinance. The original violation is issued to the vehicle's registered owner and will not impact insurance rates. A process allows registered owners to contest charges. Discussion ensued with comments supporting red light cameras as an effective tool to educate drivers regarding the ramifications of running red lights. It was stated that detectors would pay for themselves and allow police officers to focus on crime rather than traffic infractions. It was felt the City can try them for several years, track rear end accidents, and determine if the cameras are worthwhile. Concerns were expressed regarding a recent USF (University of South Florida) study that concluded red light cameras increase accidents. In response to questions, Mr. Bertels said the traffic engineering community has not accepted the USF study; traffic engineers have differing opinions regarding red light cameras. State law sets the fine at $158 for the original infraction. The municipality must pay vendor costs from its $75 share. Vendor costs must be negotiated and cannot be based on the number of infractions. Vendors install and maintain the cameras. Depending on the contract, the vendor could provide data, such as traffic counts. Police Chief Anthony Holloway said red light cameras are a great tool that will reduce fatalities and police enforcement costs. Some studies indicate that red light cameras reduce accidents and stop drivers from running red lights. The Police Department will review vendor tapes, identify infractions, and advise the vendor which vehicles should receive notices of violation. Vice Mayor John Doran moved to direct the City Attorney to prepare an ordinance in support of traffic infraction detectors for red light infractions with all dispatch. The motion was duly seconded and upon the vote being taken: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, and Councilmember Bill Jonson. "Nays": Councilmember George N. Cretekos and Councilmember Paul Gibson. Motion carried. Council 2010-11-16 Item 4Z Attachment number 1 Page 13 of 14 11.2 Review Mission and uroos of A - Council member Jonson Councilmember Bill Jonson recommended establishing a process for the EAB (Environmental Advisory Board) and other advisory boards to provide periodic reports before City Council as a means to increase interaction with council. It was noted that board sizes have been reduced to address absenteeism and the number of meetings has been decreased due to reduced staff. It was stated that Council recently provided staff direction to circulate unapproved minutes for all advisory boards to ensure Council is kept abreast of board activities. In response to a question, City Clerk Rosemarie Call said city code requires the EAB seek Council pre-approval for work efforts exceeding 8 hours; other advisory boards do not have similar limits. EAB Chair Pete Stasis said the board meets every three months and is not provided information regarding presentations on a timely basis to sufficiently review materials and provide advice. He expressed concerns that the EAB lacks focus and continuity. Mr. Stasis said the board has experienced a high turnover rate. Discussion ensued regarding Council's sensitivity to placing too many demands on volunteer boards. It was stated that board chairs could call special meetings, or address the City Council, when necessary. Board members were encouraged to pursue items of interest. It was noted a requirement for advisory boards to make annual presentations to the Council was ineffective and discontinued. EAB member Mike Flannery said the quarterly meeting schedule and Sunshine Law restrictions are frustrating. He suggested distributing unapproved minutes soon after a meeting and appointing a City Council liaison to serve on the board. In response to a suggestion, the City Attorney said board members cannot circulate letters requesting input for changes. The City Manager said advisory boards should drive agendas. The Council may have issues from time to time for board review. Providing the minutes faster would impact staff resources and may require additional staff. Council 2010-11-16 Item 4?6 Attachment number 1 Page 14 of 14 The City Manager was directed to provide information on board reporting staffing levels. Concerns were expressed regarding assigning councilmembers to serve as board liaisons. It was stated that the practice was discontinued, as it did not add value to the board or the City Council. Staff was directed to advise boards regarding the ability to call special meetings and address the City Council at regular meetings. It was suggested that the EAB consider reviewing the Environmental Protection Agency's nutrient loading rules, Tampa Bay and Safety Harbor muck study and impacts to Clearwater, progress of the Stevenson Creek project, and land management of preservation areas. EAB members were thanked for their efforts. 11.3 Mayor's Conflict January 20th, 2011 Council Meeting Mayor Hibbard requested the January 20, 2011 council meeting be rescheduled as it conflicts with a U.S. Conference of Mayors meeting. Consensus was to reschedule the January 18, 2011 work session to January 11, 2011 at 9:00 a.m. and the January 20, 2011 council meeting to January 13, 2011 at 6:00 p.m. 12. Closing Comments by Mayor Mayor Hibbard reviewed recent and upcoming events. 13. The meeting was adjourned at 9:02 p.m. Mayor City of Clearwater Attest City Clerk Council 2010-11-16 Item 4-16 121212010 About.com: http://apps.nccd.cdc.gov/M... Pinellas Park: One Trick Pinellas Park Mom --- ,?.?-, of a Tiny Belly Makes $77/hr Cut dow n a bit of your belly Unemployed Mom Makes every day using this 1 $6,795/Nbnth Working weird old tip. ,.. Onfinel Read How She Did t. T L4.11 National Center for Chronic Disease Prevention and Health Promoti( ",,,9..,H,M, Oral Health Resources GENEU A-ZAUi iliil';?;° Oral Health Home Contact Us MY WATEWS1 Oral Health Data Systems My Water's Fluoride My Water's Fluoride Safe, effective prevention of tooth decay for people of all Home Know if your water is optimally fluoridated. Water system details Operational Reports Other Data Systems More information about community water fluoridation Water System Details My Water's Fluoride Home > Search results > FL6520336 Water System Name: CLEARWATER WATER Water System ID Number: FL 6520336 Total population served by 84241 water system: Primary county and population Pinellas served: 84241 Water source: Water system type: Does this water system supply fluoridated water? **See Note Below* Ground Community Yes. This water system put its water from a water syst that adjusts the fluoride concentration upward to tl' optimum level for the preve of dental caries (cavities). Optimal fluoride concentration: Fluoride compound used: 0.80 mg/L Fluorosilicic Acid This water system is under State of Florida the jurisdiction of: For further information, Florida Department of Healt contact: Public Health Dental Progra 4052 Bald Cypress Way Bin #A-14 Tallahassee, FL 32399-172, ? nr h.?.? a y, .. _. thyroid.about.com/gi/dynamic/offsite.ht... \`0 ?y V 1/1 12/2/2010 THE DAMAGING SIDE EFFECTS OF FLUO... THE DAMAGING EFFECTS OF FLUORIDE FOR TEETH ON THYROID AND BRAIN, AND A CURE By Charles Weber, MS Fluoride has been added to water in the form of hexafluorosilicic acid (an industrial waste product) in the hope that it would reduce tooth decay. However it is a poison that has some serious side effects, badly affecting almost every organ in the body and does not reduce tooth decay in nermancu teeth ( as graphs) nor even in first teeth and The decfin6n_taaflLgaAdc& has en the same in fluoridated lion fluoridated countries. Europe is only 2% fluoridated but has tooth decay similar to or less than the USA, which is 64% fluor] ated. It is more poisonous than lead and only marginally less so than arsenic. ---SIDE EFFECTS (the most serious is Alzheimer's disease) -The side effect that is the most obvious is a iscolualio _Q.f le l:eeth_called fluorosis (includes treatment [Pendrys]. This is inevitable if the dose of fluoride is only a little over optimum. 15% to the Center for disease contol (pictures here). This is very easy to happen to anyone who drinks a lot of water, say for i ne problems or for baby formula. It is also likely if someone eats or drinks food high in fluoride such as tea [Gulati], coffee, recons 'tilted fruit juice, grapes or raisins that have a c olite dried eggs, soy beans, and c-arbonatedl drinks. Fagin gives fluo-ridu content_of some foods [Fagin]. You may see contents of all foods here. While the fluorosis effect is fairly trivial other than appearance, the cost of correcting it can be as much as $15,000. This cost should be made good by the water companies and insecticide manufacturers. TIm cost of dental repair is significauft greater in fluoridated British communities, than e This is probably primarily because of the cost of correcting fluorosis. Since 1950, it has been found that fluorides do little to prevent pit and fissure tooth decay, a fact that even the dental community has acknowledged [Gray 1987; and Pinkham 19991. This is significant because pit and fissure tooth decay represents up to 85% of the tooth decay experienced by children today [Gray 19871. Pit and fissure decay is best prevented with sealants. in children from fluoride did so because the tooth eru pt ion process was delayed bx one of the poisonous affects of fluoride. The number of eventual cavities were the ----- Fluorides cause premature aging of the human body [Leone] [Erikson]. ----A more serious effect is irreversible bone deformation [ agin, with pick [Reddy] and increases of bone fractures [Orcel]. 99% e 's fluorift burden _Qf http://charles_w.tripod.com/fluoride.html 1/16 121212010 THE DAMAGING SIDE EFFECTS OF FLUO... is in the bones. There are villages in India where two- thirds of the people are sip In ed by_flu rosis of the bone camcd by less than 5 parts per million of fluor The affects on bone can mimic some of the symtoms ofajA ritis. Fluoride interferes with the hydroxylation of praline to hydroxyproline [Sharma]. Therefore fluoride exposure disrupts the synthesis of collagen and leads to the breakdown of collagen in bone, tendon, muscle, skin, cartilage, lungs, kidney, trachea and arteries. [Susheela and Mukerjee]. That is the type of damage you'd expect to see in connective tissue disorders. It will also cause da_ma to ligamen resembling arthrifiv ----An even more serious effect is bone cancer in young boys, but for some strange reason, not girls. During the growth spurt during 6 to S years the bone cancer rate is S times higher in boys living in fluoridated areas than in non poisoned water areas [Bassin]. Fluoride confuses the immune system and causes it to attack the body's own tissues, and increases the tumor growth rate in cancer prone individuals [Taylor]. There is increased incidence of melanotic tumors following treatment with sodium fluoride [Herskowitz]. In view of this adding fluoride to water is breaking the former Delan v amendment law prohibiting adding cancer causing chemicals That law should be reestablished. ----Proteins are kept in their three dimensional structure by weak bonds between adjacent proteins called hydrogen bonds. Emsley, et al found that fluoride disrupts this hydrogen bonding within proteins by virtue of an unusually strong bond between fluoride ion and the NH group of amides [Emsley]. In other words, it changes some associated proteins and enzymes from the exact shape they're suppose to be in. It also reduces the ability of white blood cells to kill pathogens [Weisman]. Fluoride depressea id [Von Mundy] [Galleti]. Fluoride and bromide block the uptake and utilization of iodide in target cells [Abraham 20041. Fluoride has been proposed to inhibit the Lhyro and fluoride symptoms have many similarities to low thyroid. Also see this site for acute s3=toms. Children in India who had fluoride in their blQqd had hMyroid abnormality, Fluoride has been found to cause goiter in youth Africa. A government-sponsored report has concluded that ]eyels of fluoride that pxonle are regulady eMmsed to in drinkim-water can cause serious malfunctioning of the t yroid gam, heading to even more se]3!QU health problems.. ---- I now have to take thyroid hormone, so I have a personal reason for resenting adding this poison to my drinking water, for it is highly probable that fluoride is the reason why. As a friend if mine once said "everything is caused by something". ---- Fluoride depletes the energy reserves and the ability of white blood cells to properly destroy foreign agents by the process of phagocytosis. As little as 0.2 ppm http://charies_w.tripod.com/fluoride.html 2/16 12/2/2010 THE DAMAGING SIDE EFFECTS OF FLUO... fluoride stimulates superoxide production in resting white blood cells, virtually abolishing phagocytosis. Even micro-molar amounts of fluoride, below 1ppm, may seriously depress the ability of white blood cells to destroy pathogenic agents [Curnette]. Fluoride inhibits antibody formation in the blood [Jain]. The most serious effects of all are damages to the nervous system. Fluoride synergistically with aluminum, causes nerve degeneration similar to Alzheimer's disease. Aluminum is present in some city water, in a toothpaste tube, using aluminum pans to boil water, or drinking beverages in aluminum cans, and some baking powder. Alzheimer's disease is very prevalent and has been rising in recent years. ---- It has been found that behaviors associated with lead neurotoxicity are more frequent in 'fies using silicofluorWes a in-comparable locafifies that do not use these chemicals [Sawana]. Violent acts were up to 2 and 1/2 times higher in fluoridated communities, particularly among African Americans. He attributes this to lead levels in these criminals, which lead has its uptake enhanced by fluoride [Masters]. Rats fed amounts of fluoride similar and also slightly higher to that found in artificially fluoridated drinking water, suffered from impaired central nervous system functioning and poorer memory. There was more malaise and fatigue and significant alteration of enzyme functioning. Some researchers have concluded that there is a mechanism by which fluoride can contribute to so many neurological problems in children. Thus, links of fluoridated water to decreased intelligence in children [Lu], increased incidence of ADD and ADHD, lower cognitive ability, poorer memory and other related problems, are almost certainly correct. -- Varner et al found that when fluoride in water with just 1 part per million fluoride, (the amounts used for artificially fluoridated water), was used in the presence of aluminum sulfate (frequently used to improve the appearance of drinking water, present in some baking powders, and as an adiuvant in vaccines [Eisenbarth] ), the results were disastrous. Aside from brain and kidney damage, there was an eighty percent mortality rate in the animals fed doses of sodium fluoride and aluminum similar to those found in artificially fluoridated water. Animals fed the aluminum/fluoride laced water developed sparse hair and abnormal, copper-colored underlying skin which is related to premature aging. Mostly the researchers related these effects to chronic kidney failure. Further autopsy results showed serious kidney abnormalities in animals that drank water containing both sodium fluoride and aluminum fluoride. The Varner team said that "Striking parallels were seen between aluminum-induced alterations in cerebral blood vessels that are associated with Alzheimer's disease and other forms of pre- senile dementia". Fluoride studies in rats can be indicative of a potential for motor disruption, intelligence deficits and learning disabilities in humans. Humans are http://charles_w.tripod.com/fluoride.htmi 3/16 121212010 THE DAMAGING SIDE EFFECTS OF FL.UO... exposed to plasma levels of fluoride as high as those in rat studies. Fluoride involves interruption of normal brain development. Fluoride affects the hippocampus in the brain, which integrates inputs from the environment, memory, and motivational stimuli, to produce behavioral decisions and modify memory. Experience with other developmental neurotoxicants prompts expectations that changes in behavioral functions will be comparable across species, especially humans and rats [Muellenix] Fluorides accumulate in the brain over time to reach neurologically harmful levels [Muellenix]. If you keep rodents for pets, be sure not to give them city water. It is also important that pregnant women imbibe no fluoride because it damages several nctions an hormongs in the fetuses-, It also alters behavior oUk babies. There is an average decline of IQ of 8 points in children showingfluoXQsis of the__ts.eth. Also see this sits and this one fo review of Chinese studies, lie me a which indicate the mental damage ' much greater when_jadide is deficient. It has been proposed that the decline in American academic achimmut may be a 1 due to fluoride. ----About 2 or 3% of people are especially sensitive to fluoride poisoning. Such people can not even take showers without being affected with colicky stomach and intestinal pains, severe headaches, weakness and fatigue, skin rashes, mouth ,ulcers, worsening o allergic conditions including wheezy breathing, blurred vision, excessive thirst and ' . So apparently fluoride can be absorbed from shower water. If you live in a fluoridated area, you can collect water off your roof in barrels and wash off with that. --- Fluoride accumulates 'nom the pines gland, which secretes melatgWn,_more than any other soft tissue in th body [Luke]. hehydapetite crystals in-the-pineal gland.accUmulate more fluoride Than a tee re It melatonin is e interfered with by several c this causes earlier oration -of female animals. It must also be interfering with the circadian sleep rhythm. ----At the same time there are substances that give protection to teeth, especially while children are growing, such as vitamin D. calcium, phosphate, copper and magnesium with no adverse effects in reasonable amounts and at the same time they strengthen bone [Houck]. You should be able to get all you need of these except vitamin D from unprocessed food. Vitamin D must come from sun light or supplements. There are also substances present in cashew nuts and mango finit anacardic acids, which are very lethal tooth cavity gram positive bacteria -to [Eichbaum]. Fluoride is not more lethal to cavity bacteria than conventional mouth wash [Bibby]. Fluoride does reduce solubility of enamel in aside but o when affl)lied topically. Eating fluo 'de while teeth are forming a nQ affect on solubility. Therefore according to the ADA fluoride should NEVER be given to babies or http://charies_w.tripod.com/fluoride.htmi 4/16 12/2/2010 THE DAMAGING SIDE EFFECTS OF FLUO... pregnant mothers or used for formula.The Journal of the American Dental Association (JADA's Dec. 1995, July 1996, July 1997, March 1999, June 2000) bm published a series of studies repQrting on igryasiye overexposure-IQ fluoride due to "the widesmre d use of fluoridated water, fluoride dentifrice, dietary fly supplements a d other forms of fluoride ...(There isl an increased prevalence of dental fluorosis, ranging from about 15% to 65% in fluoridated areas an 5% to 40% in non-fluoridated areas in North America." In Februaa of 1997, The Academy of General Dentistry (AGD), representing355,000 deWists, warned parents to limit their children's intake juices due to fluoride content.. The U.S. ]Dept. of Health and Human a loxicological-Proffic on Fluoride in 1993', "Existing da ate thatstibsets of the populadQn maybe unusually susceptible to the toxic effects of fluoride and its eQm=pounds. These pop ations include the elder]yVtople with deficiencies of calcium, magnesium, and/or "tamin C, and people with cardiovascular and kidney problems,., Postmenopausal omen and elderly en in fluoridated communities may also beat increased risk of fracture.5." --- I definitely recommend that you drink bottled water or collect rain water directly (not from your roof) in a sanitary container or wheel barrow if your tap water contains fluoride. This is especially important if you are on dialysis since the National Foundation has d several deaths--frQm fluoride in water, Cities should discontinue fluoridation because of the likelihood of future liability suits along with concern for their citizen's health. At the very least legislators should insist that citizens be warned of the toxicity. Individual sepfic systems r exempt from polluting the environment law, This exception should be removed. 98% of European citizens now drink non fluoridated water. We should join them in the USA. - Also when fluorinated water is used for irrigation, it poisons the soil for a long time. Fluoride in phosphate fertilizers can-cause„ fluoride to build up to high value especially since it does not easily move in neutral or alkaline soil. Fluoride is thought t able to damage to 'on when -the n is high enough, especia& when boron is also high in the soil. Fluoride is more ready taken up by plants from-acid soil. It has been found that inhibited calcium r plants (Soil Science, 196192(3): 172 ). Fluoride in soil has been found to be zero to 1500 pnm in eastern USA soil. Biotite and muscovite micas probawfurniSli the parent most from the as much as 4 and 2 pgr t' e respectively. here is 290 ppm average in 10 mile deep ertatal k (Soil Science, ti 1946 61(5): 341 ). So fluoride must leach out of soils eventually. Forma- n$ volcanic dangerous concentratiQm of fluoride and water (from -a-study in Estonia). I strongly suspect that the brown ivy http://charles_w.tripod.com/fluoride.htmi 5/16 12/2/2010 THE DAMAGING SIDE EFFECTS OF FLUO... leaves only over my septic field that sometimes shows up in fall is from fluoride. Plants with foliage particularly susceptible to fluoride damage include: apricots, grapes, plums, corn, sorghum, Jerusalem cherry, gladiolus, iris, St. John's wort, tulips, Douglas fir, western larch, and many species of pine.(20) Many other plants, including citrus trees, have suffered significant leaf damage from fluoride pollution but are not quite as sensitive as the above species. Tomato picks up more than twice as much fluoride as bean plants, Iodide can be used to increase fluoride excretion. Iodide used to be very popular with the medical profession. It was called "The Un'versal Medicine" over 100 years ago because it was safe, effective and had widespreead applications in clinical medicine conditions that-mere re such metallic poison = a by lead and melrcuM asthma, aneurism, alledox erosis. gins pectoris, gout,? oiter, syphilis, haemophilia, Bright's disease (nephdds) mW nchft6, (scroll up) Iodide probably has a functions other than creating thyroid hormone. --However, after World War II, misinformation about iodide resulted in medical professionals turning against iodide. As a result, iodide has been neglected in medical textbooks and vilified in endocrine publications [Abraham 20061. This may be part of the reason why the World Health Organization estimates that 2 Billion people, 30 percent of the world's population, suffer from iodine deficiency disorders. More than a billion people have visible goiters and 5.7 million are cretins. An estimated additional 750 million people without goiters have undiagnosed hypothyroidism [WHO], and many millions have iodine-related mental retardation. Double the excretion of fluoride takes place if 50 milligrams of iodide/iodine a d l are takcn dab for one mo h [Brownstein] [Abraham 20031. Half again as much bromide is also excreted. It has been suggested that the symptoms of iodism is from release of bromide. Another trial showed much higher inercases of id from suppkmntation "t iodide. This must have been because the patient had been eating much more than normal intake of bromide added to food. I do not know if it is safe to take this much Iodoral interminably and I am apprehensive about the use of elemental iodine or iodates since iodate has been used to cure hyperthyroid condition [Starr] [Thompson]. However the Japanese average 14 milligrams IODIDE daily from 4.5 grams of seaweed (dried?) [Nutrition Section, Bureau of Public Health], which is 50 times the amount in the USA. In some sections the Japanese average 200 milligrams per day. A much lower breast cancer rate has been alLdbIlled to this [LeMarchand] [Nagata]. Women with goiters (a visible, non cancerous enlargement of the thyroid gland) owing to iodine deficiency have been found to have a three times greater incidence of breast cancer. 15% of American women get breast cancer, as opposed to 5% thirty years ago. 90% of women have fibrocystic breast disease, sometimes painful, which can http://charles_w.tripod.com/fluoride.html 6/16 12/2/2010 THE DAMAGING SIDE EFFECTS OF FLUO... be improved with 50 milligrams of KI during the intermenstrual period [Vishniakova]. The Russian study has been ronlicated in the USA with similar Iodide also stimulates the immune system. Iodide has been p-onosed to have an affect rivaling antibiotics. It is possible that sunnlementation with as much as R milligrams of iodide ner day to start would augment immunity- against fungal infection, syphilis, a chronic, obstructive pulmonary disease. Also see this site. Iodide also reduces the amount of insulin necessarv durinla tune I and Tvne II diabetes. I have been informed from a single case history that extra iodide opened up a blocked salivary gland. ---- Iodide concentrations in seaweeds are as follows (milligrams. per 100 gm.); Alaria 16.6, Dulse5.2, Kelp 45.3, Laver 1.4, Hiziki 40, Arame 98-564, Kombu 193- 471, Wakame 18-35, Nori.5, Rockweed 153.7, Bladderwrack 65. Potassium iodide can be purchased without a pres-ciipfign from this site, The pill form contains 100 milligrams of iodide, so must be subdivided by dissolving it in a glass of water, and then drinking a portion each day. Iodide is probably better than sea weed because seaweed has bromine and arsenic (22 milligrams of arsenic per 1000 grams) in it, both largely as organic compounds. Between 0.2 to 1.0 milligrams per day of arsenic-is-ingested by the Japanese daily. Inorganic arsenic is a risk factor for liver cancer. However hijiki seaweed has only 0.3 milligrams per 1000 grams of arsenic as arsenate, the remainder being organic, which is only mildly toxic. The UK Food Standards Agency (FSA) issued advice to consumers to avoid eating seaweeds. ---112 milligrams of iodide and iodine will also cause fluoride excretion with no adverse side effects after one month. If the body is deficient, a large percentage of iodide is retained. It is said that the retention ends when the body contains about 1500 milligrams [Abraham 20051. It has been suggested that the only way iodide excess can produce hyperthyroid condition is if the patient has had goiter or other thyroid disease prior [Roti]. Epidemiologic41AbjWes confirm that hyperthyroid is most prevalent in areas that are LOW in iodide. ---For a forum that discusses iodide access this site. For a discussion of the aff-e-cl of medications on thyroid secretion or s_uDnlementation: see this site. --- The Canadian Association of Physicians for the Environment has come out stronglvpnosition to fluoridation. They maintain that decline in tooth decay is not from fluoride and that adverse effects have been underestimated. ---- Joel Kauffman has written an extensive review of the ' to the 'tical mammrs that have foisted this- poison, lfflMe, on society. New hypotheses can be dangerous to the power wealth or prestige of old theory adherents [Charlton], or as Tolstoy puts it, "Most men can seldom accept even the simplest and most obvious truth if it would oblige them to admit the falsity of conclusions which they have delighted in explaining to colleagues, have proudly taught to others, and have http://charles_w.tripod_com/fluoride.html 7/16 12/2/2010 THE DAMAGING SIDE EFFECTS OF FLUO... woven thread by thread into the fabric of their lives" or as Paul Connett put it "When public policy is controlled by spin, producing a single fact is a subversive act." , "Insanity" would be a better word than "spin". So it will be difficult to get this unhealthy procedure discontinued. Laws spelling out liability and setting reasonable compensations would be very desirable. If liability were removed from those organizations that advocated it became of stupidity, perhaps they would not be reluctant to come out against it. Such a law should still preserve the legal concept of "malum in se" so that any who gave such advice for evil intent would still be susceptible. ---If you should wish to see an extensive discussion of side effects of fluoride, see h J/tom t 'e.net/' 6. site. -Paul Connett has formed an organization devoted to getting rid of fluoride in city water and has a site gLying 50 as well as a list of -reasons for doing 3-Q-, references. ----This site lists the bad health affects fluoride with numerous references for each. and you may see a blog devoted to officials pgrsua-ding o dbunfinue fluoride here. --You can see a site that has link to information on fluoride content of water in each state here.. You may see a videotape of a dentist making a passionate poisoning here, ---- You may see a list of US comes that have fluoridated water.. -- The Canadian Physicians Association has come out with opposition to fluoridation in http://fluoridealert.org/cape.html, The Great Lakes United has also come out with a resolution opposing fluoridation in httpJ/www.glu.org/sites/default/files/Resolution-regarding-ardficial- water-fluoridation.pdf . Part of their opposition is based on the poisoning of the Great Lakes Great Lakes by sewer water. ----1 have submitted a petition a few years ago to the FDA to make fluoride inAag-th paste prescription drug be-cause of acute toxic affects if it is swallowed by children, The contents of a family-size tube of fluoridated toothpaste is enough to kill a 25-pound child. This petition was because fluoride ingestion from mouth rinses and dentifrices in children is extremely hazardous to biological development, life span and general health [Eriksson] [Augenstein]. Children in Canada aged 7 months to 4 years old averaged 0.087 to 0.160 nWftrams per-day influgridated areas and 0.0454o 0.096 in non fluoridated areas. The adults in non fluoridated areas received only 0.032 Lo-Q,036 in spite o their weight. This was because the children were gettinLy 0.020 to 0.060 in all areas from tooth haste. Perhaps if you wrote in to support the petition the matter would be expedited. The http://charles_w.tripod.com/fluoride.htmi 8/16 12/2/2010 THE DAMAGING SIDE EFFECTS OF FLUO... address is; Dockets Management Branch, Food and Drug Administration, Department of Health and Human Services, Room 1-23, 12420 Parklawn Dr., Rockville, MD 20857. --- You -my-see _a source of filters that take out much of the fluorddc here. --- A book has been written about fluoride in drinking water called "THE CASE AGAINST FLUORIDE: how hazardous waste ended up in our drinking water and the bad science and powerful politics that keep it there".. It is reviewed in this URL. REFERENCES are below. H dreds of references are also available from Second Look's web site. "Second Look" is an organization devoted primarily to educating people about the dangers of fluoride. An organization called "Keepers of the Well" presents arguments against fluoridation. The National Research Council Report concludes that they should be no fluoride in water. Paul Conent analyzes the Scientific Committee on e fluoride. He concludes thev were hopelessly inadealuate. esne-ciall ouLbrain research. EPILOGUE Any information adopted in this article you must understand is used at your own risk. A copper deficiency has been implicated ' low thmid secretion (there are many abstracts of copper re e e 1 in this URD. He think&-it can be implicated in too much For in ormation about how to incrga c-"ssium to prevent arthritis and heart disease, see this site. You may see how to get more corner from food to prevent slipped disc-s, _aneuri5ms, hemorrhoids, and emphysema. A table, which gives copper and zinc in food per thousa d alories. is available at this site, as well as zinc/copper ratios There is an article discussing cashew nuts to cure a tooth absFcss Which might prove useful at this site. There is also an article which proposes some speculation about diabetes and a thissite, possible at -cause- from chili pepimr See this site for evidence of a correlation hetwee magnesium deficiency and cancer. The taurate is proposed as the best magnesium supplement. However, it http-//charies_w.tripod.com/fluoride.html 9/16 12/2/2010 THE DAMAGING SIDE EFFECTS OF FLUO... probably only seems to be because the taurate no doubt has advantageous properties of its own in some circumstances. Taurine or 2-aminoethanesulfonic acid is an acidic chemical substance sulfonated rather than carboxylated found in high abundance in the tissues of many animals (metazoa), especially sea animals. Taurine is also found in plants, fungi, and some bacterial species, but in far less abundance. It is an amine with a sulfonic acid functional group, but it is not an amino acid in the biological sense, not being one of the twenty protein-forming compounds encoded by the universal genetic code. Small polypeptides have been identified as containing taurine, but to date there has been no report of a transfer RNA that is specifically charged with taurine [from Wikipedia]. It is essential to babies. It has been found that supplements of the amino acid, taurine, will restorc the electrocardiogram during deficiency b an unknow mechanism. This information has been used in several case histories by George Eby t9 control a long stanjUmg We cardiac called re atria contractions (kACs), a benign. but irritating and nerve racking heart problem, with 2,500 rams of tau ' each meal, Taurine is said to be low in the diets of vegetarians. The 2,500 milligrams recommended by the American Heart Association causes diarrhea in some people and should probably be reduced in those people. Taurine has been used for high blood pressure [Fujita], migraine headache (I suspect that less than 1000 milligrams can remove the headache caused by allergy to peanuts), high cholesterol, epilepsy, macular degeneration, Alzheimer's disease, liver disorders, alcoholism, and cystic fibrosis, and depression. Keep in mind that some people may have a genetic defect that limits the amount of taurine tolerated and that adequate molybdenum may desirable. Taurine may make a copper deficiency worse, based on a single case history [Brien Quirk, private communication]. This may be because taurine may be mobilizing copper and zinc into the plasma [Li]. So if you should decide to take taurine, make sure your copper intake is more than adequate, as well as your zinc. There is a site that contains reviews natural-reme-die-s-for many diseases There is an opioid antagonist drug called Naltrexone, which stimulates the immune system to eliminate several serious diseases, including multiple sclerosis and possibly some cancers (Nahrexone in t odginaDy manufacture by D&aut under he brand MalliuckEodt as a e and by parr Laboratories under the generic name naltrexone), that bloc6 -some endorphin receptors. Said blockage is thought to cause the body to temporarily secrete more endorphins, especially after midnight at night. These endorphins are thought to stimulate the immune system, and in particular to stimulate the TH 1 or type 1 antiviral response by decreased interleukin4 and with increased gamma http://charles_w.tripod.com/fluoride.html 10/16 12/2/2010 THE DAMAGING SIDE EFFECTS OF FLUO... interferon and interleukin-2 and a simultaneous decrease of type 2 anti bacterial response [Sacerdote]. It apuears to be especially effective for. minimizing symptoms and retarding progressiQu Qf mul iple sclerosis (lam (also see these sites-hue and here.). A few doctors have had encouraging results in Crohn's Disease (prompting Penn State College of Medicine to plan 4mth Study of Crohn's Disease & LDN. This has now been completed with very good results [Smith JP] ) and) CFIDS, and even to some extent in cancer. Low doses of Naltrexone (LDN), 1.5 to 4.5 milligrams, at bedtime is used (timing is important, and it is important not to buy slow release forms). It is said to have no known bad sideeffWa gtt,Lhose doses other than afimulate the TIH 1 or type 1 antiviral response by decreased interleukin- 4 ahci_Ailancreased_gamma_interferon and interleukin-2 and a simultaneous decrease of type 2 anti bacterial response [Sacerdote], insomnia the first wcck or two in some. There is also reports from an in this site and an extensive discussion at this site. I think some clinical studies on Naltrexone are in order, and it should not be a prescription drug. Though side effects appear unlikely, it is not proven over longer periods. If you try it (it is a prescription medicine in the USA), it seems likely that you should discontinue if you get a bacterial infection in view of its inhibition of antibacterial response. There- are sugns ions on how to obtain Naltrexone without a prescription in this site. Naltrexone is currently being used by Dr. Enlander, a New York City doctor, but with limited success for chronic fatigue syndrome using, 3 to 4.5 milligram doses for CFIDS.. It is also being eUjored for AIDS by Dr. Bernard Bihari, 29 W 15th St. New York, NY 10011, 212) 9294196 who is still prescribing Naltrexone for MWAIDS. (and currently Executive Director of the Community Research Initiative).12r,Gale G=r- of Advanced Medical Cenftr located in Zionsville. Indiana also is using it for cancer. Dr. Bihari has shown promising results for -a large percentage of his cancer patients. Olive leaf extract has shown clinical evidence of effectiveness against a wide range of viruses, including AIDS LRiharil, herpes, an cold viruses. It sometimes produces a Herxheimer or pathogen die off symptoms (from effectiveness against bacteria?). There , is _evidence that it is synergistic reinforce each other) with Naltrexone. There have e arthritis natients and CFIDS natients. The active inLyredient is said to be oleuropein oror en 1Q ate. There has been very little follow up research done on it. Also it has been found that curcumin in turmeric or curry powder will inhibit several forms of cancer, including melanoma. People who live in India where these spices are eaten, have one tenth the cancer elsewhere. Keep in mind, though, that chemicals in plants can not automatically be trusted simply because they are http://charies_w.tripod.com/fluoride.html 11/16 12/2/2010 natural. THE DAMAGING SIDE EFFECTS OF FLUO... A site is available which shows. foods which are high in flue.gubjent and low in another including calories This last site should be especially useful for a quick list of foods to consider first, or for those who must restrict another nutrient because of a genetic difficulty with absorption or utilization The very extensive USDA Handbook #8 may be seen here. To a K s,s.!be information you must press "enter" to search, ?and„1kellLdiyde_Kcal into milligrams of potassium. This last table is very comprehensive, is used in search mode, and even lists the amino acids. There are also links in it to PDF tvncs, f pliutouts from the table for 1 nutrients available here Just click on the "A" or "W" button for the nutrient you desire. Take a loO1-at a marvelous site that gives average RDR muid0cs for most of the essential elements in graphical form from several foQdgroups along with average winners. costs. Vegetables are the entry) You may find useful and easy to use a search for abstractsQf medical journal references" G atey-ay". ----Google's "scholar search site" is excellent for all types of references. The journal "M?dic-al Hypotheses" publishes new, theories in the medical field, including radical ideas. ----There is a URL, httpJ/www.lawvianet.com/desk_ref html , that has an incredible number of links to information supposedly for those interested in law as applying to environmental concerns, However it lists main newspapers, news search engines, financial news sources, directories (telephone, email, lawyer, government, financial, congressional, business, corporate executives, zipcodes), online legal and ethics research, banking, trade associations, law reviews, bar associations, weather, airline tickets, and more. The author, Charles Weber, has a degree in chemistry and a masters degree in soil science. He has researched copper and potassium nutrition for over 30 years, primarily a library research, as well as fluoride poison for the last several years. He has published articles on allied subjects in; The Journal of Theoretical Biology (1970, 1983), The Journal of Applied Nutrition (1974), Clinical and Experimental Rheumatology (1983), and Medical Hypotheses (1984, 1999, 2007, and 2008). The author recommends that you seek a second opinion on any medical problems from competent professionals before making any substantive changes in any of http://charles_w.tripod.com/fluoride.html 12/16 12/2/2010 THE DAMAGING SIDE EFFECTS OF FLUO... your procedures. Any information, including names and addresses, from readers to this author is held in confidence and not relayed to third parties, nor are cookies used. The privacy laws of the USA are followed. This site does no advertising and is funded solely by the author. Email = isoptera at morrisbb.net - or 828 692 5816 (USA) REFERENCES Abraham GE. 2003 Iodine supplementation markedly increases urinary excretion of fluoride and bromide. Townsend Letter, 238:108-109. ---Abraham GE. 2004 Serum inorganic iodide levels following ingestion of a tablet form of Lugol solution: Evidence for an enterohepatic circulation of iodine. The Original Internist, 2004;11(3):29-34. ----Abraham GE. 2005 The historical background of the Iodine Project. The Original Internist; 12(2):57-66. ---- Abraham GE. 2006 The history of iodine in medicine. Part H: The search for and the discovery of thyroid hormones The Original Internist 13(2);:67-70. ---- W.L. Augenstein WL, et al 1991 Fluoride ingestion in children: a review of 87 cases. Pediatrics 88; 907-912. ---- Bassin EB Wypij D Davis RB Mittleman MA 2006 Age specific fluoride exposure in drinking water and osteosarcoma (United States). Cancer Causes and Control. 17; 421-428. --- Bibby BG Zander HA McKelleget M Labunsky B 1946 Preliminary reports on the effect on dental caries of the use of sodium fluoride in a prophylactic cleaning mixture and in a mouthwash.J Dent Res 25(4): 207-211, 1946. --- Blaylock RL 2004 Excitotoxiity: a possible central mechanism in fluoride neurotoxicity. Fluoride 37; 301-314. ----Brownstein D. 2005 Clinical experience with inorganic, non-radioactive iodine/iodide. The Original Internist 12(3):105-108. Available at: httpJ/www.optimox.com/pics/lodine/IOD-09/IOD_09.htnL ---- Charlton BG 2008 False, trivial, obvious: Why new and revolutionary theories are typically disrespected. Medical Hypotheses 71;1-3. ---- Pierre Galleti P Joyet G 1958 Effect of Fluorine on Thyroid Iodine Metabolism and Hyperthyroidism. Journal of Clinical Endocrinology and Metabolism. 18; 1102-1110. ---- John Curnette, et al, 1979 Fluoride-mediated Activation of the Respiratory Burst in Human Neutrophils. Journal of Clinical Investigation 63; 637-647. ---Eichbaum FW 1946 Biological properties of anacardic acid (O- pentadeca dienylsalicylic acid) and related compounds. General discussion-bactericidal action. http://chades_w.tripod.com/fluoride.html 13/16 12/2/2010 THE DAMAGING SIDE EFFECTS OF FLUO... Memorias do Instituto Butanen 19 71-86. - Ericsson Y Forsman B 1969 Fluoride retained from mouth rinses and dentifrices in preschool children. Caries Research 3; 290-299 -Eisenbarth SC Colegio OR O'Connor W Jr. Sutterwala FS Flavell RA 2008 Crucial role for Nalp3 inflammasone in the immunostimulatory properties of aluminum adjuvants. Nature 453;1122-1.126. --- Emsley J, et al 1981 An unexpectedly strong bond: Ab initio calculations and spectroscopic studies of amide fluoride systems. Journal of the American Chemical Society 103; 24-28. - 1 Erikson JD 1978 Mortality of Selected Cities with Fluoridated and Non- Fluoridated Water Supplies. New England Journal of Medicine 298;1112-1116. -- 1 Fagin D 2008 Second Thoughts about Fluoride. Scientific American 2008, 298; 74--81. - Gray AS. (1987). Fluoridation: Time For A New Base Line? Journal of the Canadian Dental Association. 53(10): 763-5. ---- Gulati P et al 1993 Studies on the leaching of fluoride in tea infusions. The Science of the Total Environment 138 (1-3); 213-221. ---- Irwin Herskowitz I Norton 11963 Increased Incidence of Melanotic Tumors Following Treatment with Sodium Fluoride. Genetics 48; 307-310. - Jain SK Susheela AK 1987 Effect of Sodium Fluoride on Antibody Formation in Rabbits. Environmental Research 44;117-125. ---- Le Marchand L, Kolonel LN, Nomura AM.1985 Breast cancer survival among Hawaiian Japanese and Caucasian women: ten-year rates and survival by place of birth.Am. J. of Epidemiol.;122:571-578. ---- Leone N, et al, 1954 Medical Aspects of Excessive Fluoride in a Water Supply. Public Health Reports 69; 925-936. ---- Lu Y, Sun ZR, Wu LN, Wang X, Lu W, Liub SS 2000 Effect of high fluoride water on intelligence in children. Fluoride 33; 74-78. - Luke J 2001. Fluoride deposition in the aged human pineal gland. Caries Res. 35(2);125-8. - Masters RD and Coplan M 1998 Water Treatment with Silicofluorides and enhanced lead uptake, Fluoride, Vol. 31, No 3, Aug. .- Muellenix, Denbesten, Schunior, Kernan 1995 Neurotoxicity of Sodium Fluoride in Rats. Neurotoxicology and Teratology 17;176. - Nagata C, Shimizu H. Risk factors for breast cancer 1996 Findings from comparative studies on Japanese in Japan, Japanese and whites in the United States. Gann Monograph on Cancer Research ;44:51-57. -Nutrition Section, Bureau of Public Health.1964 Nutrition in Japan. Tokyo, Japan: Ministry of Health, and Welfare; 1965. Orcel P, et al 1990 Stress fractures of the lower limbs in osteoporotic patients http://charles_w.tripod_com/fluoride.html 14/16 12/2/2010 THE DAMAGING SIDE EFFECTS OF FLUO... treated with fluoride. Journal of Bone and Mineral Research 5 Supp11:S191-4. Pendrys DG Katz RV 1989 Risk of enamel fluorosis associated with fluoride supplementation, infant formula and fluoride dentifrice use. American Journal of Epidemiology 130;1199-1208. ---- Pinkham JR, ed. (1999). Pediatric Dentistry: Infancy Through Adolescence. 3rd Edition. WB Saunders Co. ---Reddy GB, Arjun L. Khandare, P. Yadagiri Reddy, G. Shankar Rao, N. Balakrishna and 1. Srivalli 2003 Antioxidant Defense System and Lipid Peroxidation in Patients with Skeletal Fluorosis and in Fluoride-Intoxicated Rabbits Toxicological Sciences 72, 363-368. \ ----Sawana RMM Leite GAS Saraiva MCP Barbosa Jr. F Tanus-Santos JE Gerlach RF 2010 Fluoride increases lead concentrations in whole blood and in calcified tissues from lead-exposed rats. 271; 21-26. ---- Roti E Uberti ED 2001 Iodine Excess and Hyperthyroidism. Thyroid 11(5): 493- 500. ----Sharma YD, 1982 Effect of Sodium Fluoride on Collagen Cross-Link Precursors, Toxicological Letters, Vol. 10, pp. 97-100 ---Starr, P., Walcott, LP., Segall, ILN., et al, 1924 The Effect of Iodin in Exophthalmic Goiter. Arch, Int. Med., 34:355-364. ----Susheela AK and Mukerjee D,,1981 Fluoride poisoning and the Effect of Collagen Biosynthesis of Osseous and Nonosseous Tissue," Toxicological European Research, Vol. 3, No.2, pp. 99-104. ----Taylor A Taylor NC 1965 Effect of Sodium Fluoride on Tumor Growth. Proceedings of the Society for Experimental Biology and Medicine. 119; 252. ----Thompson, W.O., Thompson, P.K., Brailey, A.G., et al, 1930 Prolonged Treatment of Exophthalmic Goiter by Iodine Alone. Arch. Int. Med., 45:481-502. Varner, J.A., et al., 1984 Chronic administration of aluminum-fluoride or sodium fluoride to rats in drinking water: Alterations in neuronal and cerebrovascular integrity. Brain Medicine, Vol. 4, pp. 151-157. ---- Vishniakova YY, Murav'eva NI. 1966 On the treatment of dyshormonal hyperplasia of mammary glands. [Article in Russian] Vestn Akad Med Nauk SSSR 21(9):19-22. ---- Von Mundy VG 1963 Influence of Fluorine and Iodine on the Metabolism, Particularly on the Thyroid Gland," Muenchener Medicische Wochenschrift, Vol 105, pp. 182-186. ---Weisman G et al 1972 Lekocyte proteases and the immunologic release of lysosomal enzymes. American Journal of Pathology 68; 539-569. WHO, World Health Organization. 1996 Iodine deficiency disorders. Fact Sheet No. 121. Geneva http://charley w_tripod.com/fluoride.html 15/16 City Council Agenda Council Chambers - City Hall Meeting Date: 12/2/20 10 SUBJECT / RECOMMENDATION: Approve the recommended Penny for Pinellas project list, as revised, for fiscal years 2010/2011 through 2019/2020. SUMMARY: On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special public hearing prior to the adoption of the capital improvement budget, and at any time in which there is any proposed change to Penny for Pinellas funding of $500,000 or more. Due to the slowing economy and anticipated loss of revenues, the City Council has reviewed a proposed list of project changes, which reduce the planned projects by approximately $19,406,160. These changes have been advertised for a public hearing date of December 2, 2010 and are outlined in the public hearing notice. Review Approval: 1) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 2 CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COUNCIL MEETING Thursday, December 2, 2010 6:00 p.m. A public hearing will be held by the City of Clearwater, in City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the Penny for Pinellas project list for fiscal years 2010/11 through 2019/20 totaling $87,825,840 to fund capital projects under the Penny for Pinellas Plan. Most changes to the plan have been as a direct result of the economic downturn in the economy and the need to reduce project expenditures due to the anticipated loss in revenues over the ten year period. The project list has been reduced by $19,406,160 from an initial total of $107,232,000 to a proposed total of $87,825,840 as outlined in the attached document. Primary changes include: • The Downtown Intermodal Facility project has been reduced by $2 million, from an $8 million project to a $6 million project. • The Traffic Calming project has been reduced by $1.5 million, from a $5 million project to a $3.5 million project. • The Consolidated "Eastside/SPC" Library project has been reduced by $2.5 million, from a $10 million project to a $7.5 million project. • The Countryside Library Renovation project has been reestablished in the amount of $5 million. • The City-wide Seawall Replacement project has been increased by $4 million, from $1.25 million to a $5.25 million project. • The St. Petersburg Times Property project has been reduced by $lmillion, from a $3.5 million project to a $2.5 million project. • The Downtown Streetscaping project has been reduced by $2 million, from an $8 million project to a $6 million project. • The Bayshore Boulevard Realignment project in the amount of $2.5 million has been eliminated. • The New City Hall & Parking Garage project in the amount of $7 million has been eliminated. • The Municipal Beach Parking Garage project in the amount of $8.5 million has been eliminated. • The Countryside - TBD project in the amount of $2.5 million has been eliminated. • A new project funds a major renovation and expansion of the North Greenwood Recreation Center in the amount of $1,093,840. Item # 7 Attachment number 1 Page 2 of 2 The Youth Sports Fields Renovations project has been reduced by $650,000, from a $7 million project to a $6.35 million project. This $650,000 has been diverted to the Joe DiMaggio Sports Complex project. A new project funds restrooms, storage, and concession areas at Joe DiMaggio Sports Complex in the amount of $650,000. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Council, with respect to any matter considered at such hearing, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. All individuals speaking on public hearing items will be sworn in. Rosemarie Call, CMC City of Clearwater City Clerk P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. Item # 7 V V. C C N ? 0c Q C O L N C N C ? C a O ? C t C t N a u R G 5 ? d u ? d a ?a d ? C. cCE L ? a 5..? H d a`n+ ? > u L d C. ? I? Q' a Vl Vl M Vl Vl x N M 7 7 T x M Vl N M T N T M 7 C M t` M 7 x T Vl N 7 ^ C C C M tNn T 7 tin '? C C N ' ' M M C T t` t` ? to M C C M GO M V1 C C? V1 T vt O vt vt O ?t T C T Vl ^ M O ?t V1 C C V1 C C M N vt ? O N O? O? V1 N C ^ h? 01 M ?G ,-. ,--? 7 M 7 7 V1 M h V1 ,--? 7 N V1 N ?G V1 ,--? V1 M 7 in T 7 N VI Oi V1 C M N 7 h GO Vt M 7 7 C C C C C C C C lC l C ?G Vl C C C C C C C C C C C C C C T l?C T uNi M 7 C ? 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F d C W d ^a E w ti yM W ?- Meeting Date: 12/2/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the applicant's request to vacate the south 10-feet of a 20-foot utility easement lying along the south boundary of Lots 7 and 8, Block B-2,Maryland Subdivision, (a.k.a. 614 South Missouri Avenue),as more particularly described in the ordinance, and approve Ordinance 8231-10 on first reading, (VAC2010-07 Nichols), SUMMARY: The property owner, Peter G. Nichols, deeded an easement to the City of Clearwater over property adjoining the utility easement subject of this request. The City, as grantee of the easement, agreed to process a vacation request for the easement portion described in the ordinance. Progress Energy, Verizon, Knology and Bright House have no facilities in the subject easement portion and have no objections to the vacation request. The City of Clearwater has no utilities in the easement and no future need for the easement portion is anticipated. The Engineering Department has no objections to the vacation request. Review Approval: 1) Planning 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 1 0 Scale NTS THIS IS NOT A SURVEY!! EXHIBIT "A" 2 I B, I I Bak LOT 7 LOT 8 I I I :..:.:........... 20'(2759-106) O.R. 2759 PG.106 TO BE VACATED ?o ?P VACATION 2010-07: LOT 7 606 -----LOT -9 614 LOT 10 20' LOT 9 624 LOT 8 ' LOT 10 B 7'00 LOT 13 i LOT 11 ------ - -------------- 710 LOT 14; LOT 12 EXISTING 10' EASEMENT O.R. 17072, PG. 507 EXISTING 10' EASEMENT O.R. 1270, PG. 380 w z Ld a O U) VACATE THE SOUTH 10-FEET OF THE 20-FOOT UTILITY EASEMENT DESCRIBED AS FOLLOWS. BEGIN AT A POINT 10-FEET WEST OF THE SOUTHEAST CORNER OF LOT 8, BLOCK B-2 MARYLAND SUB.; THENCE WEST ALONG THE SOUTH PROPERTY LINE OF LOTS 8 AND LOT 7 IN SAID BLOCK B-2 A DISTANCE OF 60-FEET; THENCE SOUTH FOR A DISTANCE OF 20-FEET; THENCE EAST ALONG AND PARALLEL TO THE SOUTH BOUNDARY OF LOTS 7 AND LOT 8 OF BLOCK B-2 A DISTANCE OF 60-FEET; THENCE NORTH 20-FEET TO THE POINT OF BEGINNING. CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT DRAVON BY NICHOLS VACATION D 20 ME 1 zz CHECKED BY VAC. # 2010-07 sEEr TUM ORD # 8231-10 1 OF 1 DALE . gCT-1M'?-RNC 11/10 ATLAS PAGE # 296A 1 -29S-15E Attachment number 2 Page 1 of 1 tea. Id 165 180 ( I 75.4 I ,- 4 ?) I I s I s __- 52L- av? nwi 1 M 53L; 062 ?u B N , ? ps ? 14? N 361(S) ST I ,154 9 ty. o® ?}y Cn gd321 Ld 0, C, Lo ttil- 18 4 i F 5 ac .?'°' 3g-417 1 er oq QU` - -1 n I ? > 600 ° o I ij - PI R CHAII I RV CRD4R 41781 I --?_! 175 LO 44£17 - - 155.8 606 B C 1 Cry nn ." 41B9I 5535 1025 °2 f ..:............... ., ............................ ......, I. -380- Vac. 3743-359 ( °o C 48662 Vac 5535-1025 Water Easement 5925-1210 Vac. 3743-359 cq L C. r 0 166.3 624P 563 490 4 70 c' 166.6 m N M > VAC ......... ....... 6/24 57., AC 8 710 166 .................... ......... ...... ... . I- 2 164.8 11 L n I 712 . t d _ U) 0) O I N B C0 218.8 165 1 100 ° DIY 12 1.51 X724 103.5 ) •.; 104 4 Fs 1211 dog . 1 1?ec TO - ROGERS 9---? 1250(S) I Ih?. 234 g- _539 r ?? ? ? a 14 ?.< --? - 51967 g --- i I N ----? ?cn 1 «5 260 r 2M TURNER 10'2451-272 240 _ ry N SO g??s? N 60 003 VACATION - "---_ m RE ES T --? I ?253?.3 - 604 70 3_. t 42/01 I. _ ?. 1S1' _ ry 50 613 t 76 615 42/02 m." 152.7".., nw CCl Cp r 6'J o? 4210361. 120 6A 676 6? 6,12 U) CJ 6 4 n625 _ 67.5 42/04 CD , 707' 444 7 0 CJ 4 L 7 2 7 -I 4 zo ? 7t031aa(sj .. 704 wi 705 w ?P27 42/05 :6 I' 70'' 0 p M T7-"- $ ? ? -? 0 _. ° i T21 Y< I /# 173 60 60 63 6 %16 m r a 718 N 'V ' -' ?.. ., 4 f Ca X2/07 L60 'pt e-- N 60 63 65 5. 50 166(S) 3068-305 i 5 DRUID o .... .................. ................ ....................... 237.6 .............................................. 8 r 3072-557 20 o on 06 o) g w 75.2 s -71 vim-- 71 v~-- " C 71 (V - L0 71 tc±;?? -_` - 71 'et• 71 ? 100 t ?S (yi 'er„ F cV .- ?. =• Cad -- CV - - 801 1 14 ?' w= s 14 x N 803 ' •? 1430-1 3 800 V 16530 81o " -l Is Rest 1 s ." , " Ord #: 8231-10 Vac #: 2010-07 Legend ° ROW to be Vacated N 0 ClearWater Name: Nichols L Bldg Footprint Parcel Boundary W E U Prepared by: Lot 8, Block B-2 Maryland Sub. Outside CLWTR City limits Engineering Department ~ 7 r Clearwater Service Area Ite m # 8 S Geographic Technology Division 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 Map Gen By: CRM Reviewed By: SD Date: 11/15/2010 Grid #: 296A S-T-R: 15-29s-15e Scale: N.T.S. www. MyC learwater. corn Attachment number 3 Page 1 of 2 ORDINANCE NO. 8231-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE SOUTH 10 FEET OF THE 20- FOOT UTILITY EASEMENT DESCRIBED AS BEGINNING AT A POINT 10 FEET WEST OF THE SOUTHEAST CORNER OF LOT 8, BLOCK B-2, MARYLAND SUBDIVISION, AS RECORDED IN PLAT BOOK 15, PAGE 25 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, THENCE WEST ALONG THE SOUTH PROPERTY LINE OF LOT 8 AND LOT 7 IN SAID BLOCK B- 2 A DISTANCE OF 60 FEET, THENCE SOUTH FOR A DISTANCE OF 20 FEET; THENCE EAST ALONG AND PARALLEL TO THE SOUTH BOUNDARY OF LOTS 7 AND LOT 8 OF BLOCK B-2 A DISTANCE OF 60 FEET, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING; PROVIDING AN EFFECTIVE DATE. WHEREAS, Peter G. Nichols, owner of real property located in the City of Clearwater, has requested that the City vacate the utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The south 10 feet of the 20-foot utility easement described as beginning at a point 10 feet west of the southeast corner of Lot 8, Block B-2, Maryland Subdivision, as recorded in Plat Book 15, Page 25 of the Public Records of Pinellas County, Florida, thence west along the south property line of Lot 8 and Lot 7 in said Block B-2 a distance of 60 feet, thence south for a distance of 20 feet; thence East along and parallel to the South Boundary of Lots 7 and Lot 8 of Block B-2 a distance of 60 feet, thence north 20 feet to the Point of Beginning, is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Item # 8 Ordinance No. 8231-10 Attachment number 3 Page 2 of 2 PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Item # 8 Ordinance No. 8231-10 ?- Meeting Date: 12/2/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the applicant's request to vacate the north 5-feet of the 15-foot drainage and utility easement lying along the south property line of Lot 8, Mandalay Block 46A, less the west 5-feet thereof, (a.k.a. 910 Lantana Avenue), and approve Ordinance 8232-10 on first reading. (VAC2010-08 Lee) SUMMARY: The applicant is seeking the vacation in order to increase on site area to build a new swimming pool and deck. Verizon, Knology and Bright House have no facilities in the easement portion proposed to be vacated and have no objections to the request. Progress Energy has a non-energized overhead support cable above the easement portion being vacated. Progress Energy has no objections provided that the applicant deeds a private easement to them allowing for future access and maintenance of their facility. The ordinance, as drafted provides for the applicant to deed an easement to Progress Energy prior to the issuance of a building permit and nullifies the vacation if the easement is not obtained within six months of the date of adoption of the ordinance. The City of Clearwater has no utilities in the easement portion and contemplates no future need for the easement portion. The Engineering Department has no objections to the vacation request provided that the ordinance requires the applicant to provide a private easement to Progress Energy. Review Approval: 1) City Manager 2) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 1 EXHIBIT "A" Scale NTS THIS IS NOT A SURVEYH EXISTING 5 FOOT UTILITY EASEMENT S LOT 3 I >OT ---1-?--r 914 L OT 2 LOT 7 , \" rv LOT 1 ? I 1 LOT 8 N --------- -,--- ? 910 I ' I VACATION 2010-08: Q z Q I- z Q NORTH 5 FEET OF 15 FOOT DRAINAGE UTILITY EASEMENT TO BE VACATED VACATE THE NORTH 5 FEET OF A 15 FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE SOUTH PROPERTY LINE OF LOT 8, BLOCK 46A, MANDALAY SUB., LESS AND EXCEPT THE WEST 5 FEET THEREOF. Attachment number 2 Page 1 of 1 ° 1 944 X41 ° w, 110,. ?, 'o ` N ?'1 Q- W39 1109sq _„ _ o 8 935 032. Q n 9? f co z 1?929 t 50 g ° - X9240 1 urv 111 WV 60 1X f IV 0 ? ? P? 917 w, , ? 10nna 115 JESSAMINE GIR . 9Q9 tir 1 ! . n0p f ?, ZQ 110 Ll 46 r .r5; 9 1 0 108 110 re (d 1 .? 9rl 88 ? "` 0 ID6 11 d` . 2? ° ,,. J 35 9j? 60 1 -06 124 30 .w 50 93,p ----- S-q- q 136 VAC VAC 2 17, 109 25 25 6 ?" 1¢ 4813-480 . 111 ' o ,,t ,p..,, - sr? o ° 4 93 0 0 ? 60 T 4 r. N w. 93A ° o- Y 929 , , ? In.0 ,928 t I c 33? ZL . _ 9s = II M - ., 1 4 Ik n 7? h P ? w ?, M Z k N N oN' 4 70 mom, N I t 17; '28 I coo "49 I 14 t ° ? '925 ? 929 r j9` r1 co j 3 [ 9e j 4 8 20 ? o f 92 25 ,? .A =•918 1 VACATl??1 ,.p < . p W in < 1c 919 t 1394 Fl a,.r REQUEST GUAVA ° z o 7 01,7 iL g - Y 11 m _ I` a ago ° 1 CU/) 915 .. ^ -01 w 1 1 LLp P°'? 1 ads- arr r=; r 7.5 j4 7 ( j 911 t `'1X1 ?15 1911 15' L ? - 53.7 -102,;x- 12303,1. d8 .t.". 1 .I. - ,? -.- - yv N ...,.. 1 60 _ `n t Vac a ?1 ( •• -° I t I I 1( 5 F t 1 195 vacs 764 , _.. ?, ®? °1'46 I o 1 s I 1 1 1 t I 1. Ito I- . j m 6o 72 ? so %? s e3: I ? 1 to so S 14 ? ?y1 t 11- t - o I -- _r? 5 2 60, f I ?bH^ A .?.. tv ?- ( ss ss „1 so 1 r 01? 88Q 120 70 I fj 1 ° . 306950 KIPLING PLAZA I I ao h so 60:,,. I ?,..,, c 0 1 1110 ' > 1 , 174( 1? ^ ?` I "19 Q7F 60 0 1 (_ lOlt ra 49 • a pg ( °I I 1 i 1 ?° 1 1. 1ri 14? la'1 so -120 70 j I i - -?J t f f r 1A?, 153(6) I L:1 11 I N 1 K..., h .- 152 S -rv 111.4 /,t`9'°A92 ?i 1 -" 1 -J I a J. ° 7r t - 88LI-I 1 ygc'116 j 877-,t ss ELC?CDf ?L1CD --- 875 _ -- _ u - 14j?S) LAt----1 111 ? x -?I I? '--? ° s 117.5 1 . --fi t-- - -- ---- 111= - --?.-- - -- -_ N p 87 871 _O 1 C f1 5 4 N ro<,. bk 3 u 4m 87 X60 t 870° 11 d ? 11? 880 ° I 68? 70 8863 110 110 ? °86., 5 n 8 ° °865 6 Lij °I m .. -8 8? 12 a7O ° N o X59 1 865 > N j 18 < L t 61 860 ° X11861 142 P t?t 0 f 2 I, 854 5 1 sr N E i Ii '1 m 1 m 60 ?o It d Ord #: 8232-10 Vac #: 2010-08 Legend 1 ROW to be Vacated J N 0 Clearwater Name: Thomas J. Lee L Bldg Footprint Vacate the n. 5 feet of a 15 foot Drainage and Utility Parcel Boundary W E Prepared by: Easement lying along the s. prop. line of Lot 8, Block 46A, Outside CLWTR City limits Engineering Department Mandalay Sub. less and except the w.12.5 feet thereof. ~ r Clearwater Service Area Ite m # 9 S Geographic Technology Division , 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: CRM Reviewed By: SD Date: 11/15/2010 Grid #: 238A S-T-R: 32-28s-15e Scale: N.T.S. www. MyC learwater. corn Attachment number 3 Page 1 of 2 ORDINANCE NO. 8232-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE NORTH 5 FEET OF THE 15 FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE SOUTH PROPERTY LINE OF LOT 8, BLOCK 46A, MANDALAY SUBDIVISION, AS RECORDED IN PLAT BOOK 14, PAGE 32 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS THE WEST 5 FEET THEREOF, SUBJECT TO THE APPLICANT GRANTING A PRIVATE EASEMENT SATISFACTORY TO PROGRESS ENERGY CORPORATION PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, SAID EASEMENT TO BE GRANTED WITHIN 6 MONTHS OF THE DATE OF ADOPTION OF THIS ORDINANCE OR THE VACATION WILL BE RENDERED NULL AND VOID; PROVIDING AN EFFECTIVE DATE. WHEREAS, Tom Lee, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Vacate the north 5 feet of the 15-foot drainage and utility easement lying along the south property line of Lot 8, Block 46A, Mandalay Subdivision, as recorded in Plat Book 14, Page 32 of the public records of Pinellas County, Florida, less the west 5 feet thereof, subject to the applicant granting a private easement satisfactory to Progress Energy Corporation prior to the issuance of a building permit, said easement to be granted within 6 months of the date of adoption of this ordinance or the vacation will be rendered null and void, is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Item # 9 Ordinance No. 8232-10 Attachment number 3 Page 2 of 2 PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Item # 9 Ordinance No. 8232-10 ?- Meeting Date: 12/2/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize the City to permit and implement the use of traffic infraction detectors for red light infractions pursuant to state law; authorize the appropriate officials to execute same and pass Ordinance 8233-10 on first reading. SUMMARY: The Florida Legislature passed House Bill 325 during the 2010 Legislative Session, authorizing the use of red light cameras as traffic infraction detectors to enforce Sections 316.074(1) and 316.075(1)(c)l., Florida Statutes (2010). On May 13, 2010, Governor Charlie Crist signed House Bill 325 into law, resulting in the Laws of Florida, 2010-80, taking effect on July 1, 2010, which, among other things, expressly preempts to the State of Florida the use of cameras, referred to in the State Act as part of a system of equipment comprising traffic infraction detectors and defined therein, to enforce the provisions of Sections 316.074(1) and 316.075(1)(c)l., Florida Statutes (2010). The running of red lights continues to be a safety hazard affecting all citizens traveling by roads in the City of Clearwater. The City Council of the City of Clearwater wants to further reduce the running of red lights by implementing Laws of Florida 2010-80 and finds that implementation of an enforcement program pursuant to the State Act as set forth herein will promote, protect and improve the health, safety and welfare of its citizens. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8233-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE CITY TO PERMIT AND IMPLEMENT THE USE OF TRAFFIC INFRACTION DETECTORS FOR RED LIGHT INFRACTIONS PURSUANT TO STATE LAW; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature passed House Bill 325 during the 2010 Legislative Session, authorizing the use of red light cameras as traffic infraction detectors to enforce Sections 316.074(1) and 316.075(1)(c)1., Florida Statutes (2010); and WHEREAS, on May 13, 2010 Governor Charlie Crist signed House Bill 325 into law, resulting in the Laws of Florida, 2010-80, taking effect on July 1, 2010, which, among other things, expressly preempts to the State of Florida the use of cameras, referred to in the State Act as part of a system of equipment comprising traffic infraction detectors and defined therein, to enforce the provisions of Sections 316.074(1) and 316.075(1)(c)1., Florida Statutes (2010); and WHEREAS, the running of red lights continues to be a safety hazard affecting all citizens traveling by roads in the City of Clearwater; and WHEREAS, the City Council of the City of Clearwater wants to further reduce the running of red lights by implementing Laws of Florida 2010-80; and WHEREAS, the City Council of the City of Clearwater finds that implementation of an enforcement program pursuant to the State Act as set forth herein will promote, protect and improve the health, safety and welfare of its citizens; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 30.020, Clearwater Code of Ordinances, is hereby created as follows: Sec. 30.020. Red Light Camera Enforcement Ordinance. 1 Intent. The purpose of this Ordinance is to protect the health, safety, and welfare of the citizens of the City of Clearwater, by specifically authorizing and implementing the use of traffic infraction detectors, as prescribed by Laws of Florida, Chapter 2010-80, within the City's jurisdictional limits. (2) Use of Traffic Infraction Detectors. Item # 10 Ordina Attachment number 1 Page 2 of 2 The City of Clearwater hereby exercises its option under Laws of Florida, Chapter 2010-80 (Sections 316.008(7) and 316.0083, Florida Statutes (2010)) to use traffic infraction detectors within its jurisdiction and to authorize a traffic infraction enforcement officer under Section 316.640, Florida Statutes (2010) to issue a traffic citation for a violation of Section 316.074(1) or Section 316.075(1)(c)1., Florida Statutes 2( 010). (3) Implementation of General Law. The City Manager is authorized to take all steps necessary to implement the provisions and requirements of Laws of Florida, 2010-80, within this jurisdiction in coordination with the Clearwater Police Department. The Clearwater Police Department shall be enabled by this Ordinance to oversee the Red Light Camera Enforcement Program on behalf of the City. This Ordinance shall further enable the City of Clearwater to enter into agreements with vendors authorized to carry out services consistent with implementation and enforcement of the provisions of Laws of Florida 2010-80. 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: Frank V. Hibbard Mayor Attest: Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk Ordinance No. ate-#010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/2/20 10 Award a contract to MTM Contractors of Pinellas Park, Florida, for the Cleveland Street Streetscape Phase II (08-0055-EN) construction in the amount of $2,940,906.83, which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: Nine general contractors purchased plans and specifications for the project. Seven met the specific prequalification requirements for this project and all seven submitted bids. The bids ranged from low bid of $2,940,906.83 to high bid of $4,045,111.94. The engineers estimate was $3,348,466.96. Generally, the bids appear to be responsive for this type of project at this time. Construction will start following award of contract, shop drawing review, and mobilization (January 2011). Construction is anticipated to take up to twelve months, and will be done in two phases. Each phase will take up to six months. Phase one will be from Missouri Avenue westward through the intersection of Martin Luther King Jr. (MLK) Avenue. Phase two will be from the west side of MLK Avenue to Myrtle Avenue. Upon completion the landscape, irrigation and site furnishings will he maintained by Parks and Recreation; sidewalks, roadway and stormwater improvements will be maintained by Public Services and Water, Sewer and Reclaimed Water will be maintained by Public Utilities. The final conceptual design for this project was discussed and approved by City Council on May 17, 2010. The City's Engineering Department and consultant, Bellomo Herbert then developed the Construction Documents for the project. First quarter budget amendments will transfer the following funds: $191,686 of Stormwater Revenue from 0315-96170, Coastal Basins to 0315-92275, Cleveland Streetscape Phase 11, $319,940.50 of 2009 Water and Sewer Revenue Bond proceeds from 0376- 96742 to 0376-92275, $125,702.50 of Utility R and R consisting of $65,587.50 from 0327-96739, Reclaimed Water Distribution System and $60,115 from 0327-96634, Sanitary Utility Relocation Accommodation to 0327-92275, and $1,799,927.37 of CRA funding from 0388-92275 to 0315-92275 Cleveland Streetscape Phase 11. Sufficient revenue and funding is available in Capital Improvement Program project 0315-92275, Cleveland Streetscape Phase II in the amount $503,650.46 to fund the remaining balance of the construction for total funding in the amount of $2,940,906.83. Type: Capital expenditure Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: See summary Current Year Cost: $2,940,906.83 Annual Operating Cost: Cover Memo Not to Exceed: $2,940,906.83 Total Cost: $2,940,906.83 Item # 11 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 0327-92275 -563700- 533- $65,587.50 See summary 000-0000 0315-92275 -563700- 541- $ 2,303,577.83 See summary 000-0000 0315-92275 -563700- 539- $ 191,686.00 See summary 000-0000 0376-92275 -563800- 533- $ 319,940.50 See summary 000-0000 0327-92275 -563800- 535- $ 60,115.00 See summary 000-0000 Bid Required?: Yes Bid Number: 08-0055-EN Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Engineering 4) Financial Services 5) Office of Management Approval: and Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) Clerk 10) City Manager 11) Clerk Cover Memo Item # 11 0 N ai G? w w A A d W a aW U E? WWW E-? 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M oo O? .^ 000 000 000 O\ '^ w ? 000 z F N O 0 W 0 0 z 0 0 ° 0 0 ~ ° H a 0 0 0 0 U 0 0 44 w 44 w ? w w a w a w w a 44 w CN d a 0 o a z 0 o 0 0 E ` o 7 N ?o W m 00 a r r r W W W O Q Q =? W W O ? W Q ad d W 44 ^ C7 O W W ?o Ea` ??o ? ?? z cG W W F U OP) OP) 00 0 O? ppooo A A rwi? U a Q Q ? w a ? x U z ? x r o °v°o w ° ¢ w ¢ w on On ?4 IT, W "" w w w O O z ? ~ a W F d' Z W W W w a F" ago o Lw Lw Lw LTJ w f?- O F-0 _o oc nber 1 00 W a aW U E? WWW E? A a W W a U 5?a wF F azo a? wF¢ as wzW aka F F o PT4 ?a oa ?w W a a w F a ? 0 0 N ai G? w w ca A a? m O ? F z oW H c?. 0 c7 F? 0 z? 0 0 x O z z z a 0 ca F ? o 0 oho aF¢ w? za w A?z a F z o HF ?o m o a? F? z 0 PT4 FF a? 0 0 Cn as F z 00 a X00 z wo H ? z H° a ?o z 9 Attachment number 1 Page 8 of 8 Attachment number 2 Page 1 of 19 N NUMBER: CONTRACT BN STATE F FLORIDA COUNTY F PINELLAS KNOW ALL MEN Y THESE PRESENTS: That we MTM CONTRACTORS, INC. Contractor and FIDELITY AN DEPOSIT COMPANY F MARYLAND, (Surety) whose home address is P. . BOX 31045, TAMPA, FLORIDA 33631-1045 CLEVELAND STREET PHASE II 08-0055-EN a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. Page I Item # 11 Attachment number 2 Page 2 of 19 CONT CT BON (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgements which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of , 20 AT'TES'T: WITNESS: COUNTERSIGNS By: T CONTRACTORS, INC. CONTRACTOR SURETY By: ATTORNEY-IN-FACT Page 2 Item # 11 Attachment number 2 Page 3 of 19 CONTRACT This CONTRACT made and entered into this day of , 20 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and MTMI CONTRACTORS INC. of the City of PINELLAS PARI{, County of PINELLAS and State of F<1.., RI A hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: CLEVELAND STREET PHASE II (08-0055-EN) FOR THE SUM F TWO MILLION NINE HUNDRED FORTY THOUSAND, NINE HUNDRED SIX DOLLARS AN EIGHTY- THREE CENTS ($2,940,906.83) If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. Page 3 Item # 11 Attachment number 2 Page 4 of 19 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In cortnection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker°s representatives, except sub-contractors for standard commercial supplies or raw materials. Page 4 Item # 11 Attachment number 2 Page 5 of 19 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. Attest: (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Rosemarie Call City Clerk Approved as to fonn Camilo Soto Assistant City Attorney (Seal) (Contractor) By: (SEAL) Page 5 Item # 11 Attachment number 2 Page 6 of 19 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF COUNTY OF On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, , who after being duly sworn, deposes and says: That he is the (TITLE) of MTM CONTRACTORS, INC. a Florida Corporation, with its principal place of business located at 6550 53' STREET NORTH, P ELLAS PARK, FLORIDA 33751 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of 20®, with the CITY OF CLEA ATE , FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction o£ CLEVELAND STREET PHASE II (8-0055-E1) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (F°al Full Amount o Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me This day of 120 NOTARY PUBLIC My Commission Expires: MTM CONTRACTORS, INC. AFFIANT BY: PRESIDENT Page 6 Item # 11 Attachment number 2 Page 7 of 19 PROPOSAL BOND (Not to be filled out if a certified check is submitted) I?TOVV_N ALL MEN BY TIIESE PRESENTS: That we, the undersigned, MTM Contractors, Inc. as Principal, and Fidelity and Deposit Company 6f-Ma ryl a n d as Surety; who's address isPO Box 31045 Tmmn 1-1045-------- are held and firmly bound unto the City of Clearwater, Florida, in the sum of Two Hundred Ninety Four Thousand Ninety One Dollars ($294,091 a 00 ) (being a minimum of 10% of Contractor's total bid amount) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above obligation is such that if the attached Prooosal of MTM Contractors, Inc. _ as Principal, andFidelity and 0eposiTC-6-mpany o aWnd Surety; for work specified as: CLEVELAND STREET PHASE Ii -- 08-00-55-EN all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the above named bidder; and the said bidder shall within ten days after notice of said award enter into a contract, in writing, and furnish the required Performance Bond with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtut by law and the full amount of this Proposal Bond will be paid to the City as stipulated or liquidated damages. Signed this 28th day of October , 2010 (.Principal must indicate whether MTM Contractors, Inc. corporation, partnership, company Corporation or individual) George Toccalino Principal-President , of Corporation "The person signing shall, in his own handwriting, sign. the Principal's Ly:_? r? name, his own name and his title; ''Tftie PI esident the person signing for a corporation Maryland must, by affidavit, show his authority Fidelity and D ? osit Company of MarJ to bind the corporation. Surety ?-.,s._iy W.: Jd, Dlr., Attorney-in-Fact nd Licensed Florida Agent Willis of Florida, Inc. 6771 Professional Pkwy West Suite 101 Sarasota, FL 34240 (941)554-3140 SectionV Page" of 14 Revised: 7;22120(18 Item # 11 Attachment number 2 Page 8 of 19 Power o A orney FIDELITY A DEPOSIT COMPANY F MARYLAND A'TTES'T: pip DUO,; ® o W S 1 State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary By: Theodore G. Martinez On this 23rd day of February, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to e personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. -? iot //r1i11t5t??? ` Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 Item # 11 POA-F 031-4610 Attachment number 2 Page 9 of 19 AFFIDAVIT (To be filled in and executed if the bidder is a corporation) STATE OF FLORIDA COUNTY OF PINELLAS ? John W McVey being duly sworn, deposes and says that he/she is Secretary of MTM CONTRACTORS, INC. a corporation organized and existing under and by virtue of the laws of the State of Florida, and having its principal office at: 6550 53rd Street North Pinellas Park Pinellas Florida Street & Number City County State Affiant further says that he is familiar with the records, minute books and by-laws of MTM Contractors, Inc. (Name of Corporation) Affiant farther says that George Toccalino is President (Officer's Name) (Title) of the corporation, is duly authorized to sign the Proposal for MTM Contractors,T Inc. for said corporation by virtue of REsolution of the Board of Directors i (state whether a provision of by laws or a Resolution of the Board of Dated February 23, 2004 Directors. If by Resolution give date of adoption). T( 1 c'? fial t t r ij Swornto before me this 28 day of Octobe ?Z?? Notary Public State of Florida Melissa Toccalino MY Commission DD888314 Expires 05/10/2013 20 10 f `M r P ' fi? ,,r Notary Public Melissa Toccalino Type/print/stamp name of Notary Title or rank, and Serial No., if any SectionV Page 8 of 14 Revised: 7/22/2008 Item # 11 Attachment number 2 Page 10 of 19 NON-COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF PINELLAS George Toccalino being, first duly sworn, deposes and says that he is President of MTM Contractors, Inc. the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sha : that said bidder is not financially interested in or otherwise affiliated in a business way with any other bidder on the same contract, that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed contract; and that all statements contained in said proposal or bid are true; and further, that such bidder has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data, relative thereto to any association or to any member or agent thereof. Affiant GeorgeaToccalino/President Sworn to and subscribed before me this 28 day of October , 20 10 <y Notary Pub is IN 26, 2071 LV e ?°m K o X00 .o;°®? BO) s O ° •. SectionV Page 9 of 14 Revised: 7/22/2008 Item # 11 Attachment number 2 Page 11 of 19 PROPOSAL (1) TO THE CITY OF CLEARWATER, F OR. A, for CLEVELAND STREET PHASE II ® 08-0055-EN and doing such other work incidental thereto, all in accordance with the contract documents, marked CLEVELAND STREET PHASE II - 08-0055-EN Every bidder must take notice of the fact that even though his proposal be accepted and the documents signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract without a certificate from the Finance Director that funds are available to cover the cost of the work to be done, or without the approval of the City Attorney as to the form and legality of the contract and all the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is hereby charged with this notice. The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such investigation as is necessary to determine the character and extent of the work and he proposes and agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the work required to complete the contract within the time mentioned in the General Conditions and according to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: SeetionV Page 10 of 14 Revised: 7/22/2008 Item # 11 Attachment number 2 Page 12 of 19 PROPOSAL (2) If the foregoing; Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the property of the City of Clearwater, Florida, and the full amount of said check shall be retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this Proposal, or the amount of said check, shall be returned to the undersigned as specified herein. Attached hereto is a bond or certified check on Thousand Ninety One Dollars Fidelity and Deposit _Company of Maryland Bank, for the sum of Two Hundred Ninety Four (being a minimum of 10% of Contractor's total bid amount). ($294,091.00 The full names and residences of all persons and parties interested in the foregoing bid are as follows: (If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the names and addresses of the members or partners. The Bidder shall list not only his name but also the name of any person with whom bidder has any type of agreement whereby such person's improvements, enrichment, employment or possible benefit, whether sub-contractor, materiahnan, agent, supplier, or employer is contingent upon the award of the contract to the bidder). NAMES: ADDRESSES: George Toccalino 5652 Bayview Drive Seminole Florida 33772 - PrPsd.enr John W McVey 205 66th Street South ST Petersburg Florida 33708 - Secretary and Treasurer Signature of Bidder: Contga (The bidder must indicate whether Corporation, Partnership, Company or SectionV Page 11 of 14 ccalino/President of MTM r?,_Jnc. a Florida Corporation. Revised: 7/22/2008 Item # 11 Attachment number 2 Page 13 of 19 PROPOSAL (3) The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title. Where the person signing for a corporation is other than the President or Vice-President, he must, by affidavit, show his authority, to bind the corporation. Principal' MTM Contractors, Inc. By:? rge o. _no Title: President Business Address of Bidder: 6550 53rd Street North City and State: _yPinellas Park, Florida Zip Code 33781 6550 53rd Street North Dated at Pinel_la_s Park, Fl 33781, this 28th day of October , A.D., 20 10 SectionV Page 12 of 14 Revised: 7/22/2008 Item # 11 Attachment number 2 Page 14 of 19 CITY OF CLEARWATER ADDEND SHEET CLEVELAND STREET PRASE II - 08-0055-EN Acknowledgment is hereby made of the following addenda received since issuance of Plans and Specifications. AddendurnNo. One Date: October 6, 2010 Addendum No. Two Date: October 22, 2010 Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: MTM Cont'racto'rs, Ince- (Name of Bidder) - "(Suture ofofficer) George Toccalino President (Title of Officer) October 28, 2010 (Date) SeetionV Page 13 of 14 Revised: 7/22/2008 Item # 11 Attachment number 2 Page 15 of 19 BIDDER'S PROPOSAL REVISED 10/2211 PROJECT: CLEVELAND STREET S EETSC E - PHASE 11 - 8-0055- BID ITEMS EST UNIT TOTAL. UNIT G2 PRICE ROADS & ADMINISTRATION p 1000 DEMOLI'T'ION & ADMINISTRATION 1001 MOBILIZATION LS 1 90, 000.00 90, 000.00 1002 MOT LS 1 32,500.00 32,500.0-&- 1003 PROJECT SIGNS EA 2 425.00 850.00 1004 EROSION AND SEDIMENT CONTROL LS 1 12 500.00 12, 500.00 1005 GENERAL DEMOLITION (INCLUDE REMOVAL OF EXISTING TO LS 1 24" MIN. IN PLANTED AREAS 115,000.00 115,000.00 1006 REMOVE UNSUITABLE MATERIAL (IF NEEDED) CY 600 15.00 9,000.00 1007 TEMPORARY BUSINESS IDENTIFICATION SIGNS EA 8 92.00 4,416.00 TOTAL. DEMOLITION & M INIST RATION 264, 266.00 2000 PAVING 2001 STABILIZED SUBGRADE, 12" SY 12,055 2.50 30, 137.50 2002 BASE, CRUSHED CONCRETE, 4" (IF NEEDED) SY 50 7.50 375.00 2003 BASE, CRUSHED CONCRETE, 8" SY 10,027 8.25 82, 722.75 2004 ASPHALT, BASE COURSE, TYPE S-1, 2" SY 10,027 7.95 79 714.65 2005 ASPHALT, SURFACE COURSE, TYPE S-3, V SY 10,713 4.50 48 208.50 2006 VALLEY GUTTER CURB, CITY INDEX 101 LF 50 22.00 1,100.00 2007 SWALE CURB 218" WIDE, CITY INDEX 108 LF 165 27.00 4,455.00 2008 CONCRETE CURB, FDOT TYPE D LF 6,196 12.00 74, 352.00 2009 CONCRETE CURB & GUTTER, FDOT TYPE F LF 6,010 14.00 84 140.00 2010 ASPHALT, PRIVATE PARKING LOT TN 30 139.00 4,170.00 2011 1" MILLING, PRIVATE PARKING LOT SY 48 42.00 2,016.00 2012 ASPHALT MILLING, V SY 690 7.00 4,830.00 2013 BEDDING MATERIAL., CRUSHED STONE 457 Cy 100 35.00 3,500.00 2014 PREPARED PLANTING SOIL BACKFILL CY 2,520 11.00 27, 720.00 'T'OTAL PAVING 447 441.40 3000 SIGNAGE AND PAVEMENT MARKINGS 3001 6" WHITE PAINT EDGE LINE LF 482 0.25 120.50 3002 6" WHITE PAINT LANE LINE LF 532 0.25 133.00 3003 6" YELLOW PAINT EDGE LINE LF 4,532 0.25 1,133.00 3004 6" DOUBLE YELLOW PAINT CENTER LINE LF 366 0.50 183.00 3005 24" WHITE PAIN'T' STOP BAR LF 118 2.00 236.00 3006 FDOT STANDARD WFIITF LEFT TURN ARROW (PAINT) EA 7 25.00 175.00 3007 4" TRAFFIC SIGNAL CONDUIT (W/ 3 INNER-DUCTS) LF 3,000 8.25 24, 750.00 3008 PULL BOX INSTALLATION (PULL BOXES SUPPLIED BY CITY) EA 6 175.00 1,050.00 TOTAL, SIGNAGE AND PAVEMENT MAR KINGS 27, 780.50 4000 LANDSCAPE IRRIGATION & HA SCAPE 4001 6" WIDE CONCRETE FLUSH CURB INCLUDING "TREE CUT-OUTS LF 1,744 12.00 20, 928.00 4002 18" WIDE CONCRETE FLUSH CURB G CROSSWALKS LF 1,400 25.00 35, 000.00 4003 6" CONCRETE SIDEWALK SY 6,270 45.00 282, 150.00 4004 4" TEMPORARY SIDEWAK (IF NEEDED) SY 375 35.00 13, 125.00 4005 ISOLATION JOINT LF 800 12.00 9,600.0 0 4006 PAVER, TYPE P-1 ON 6" CONC. BASE SY 2,189 75.00 164, 175.00 Page 1 of 5 Item # 11 Attachment number 2 Page 16 of 19 4007 PAVER, TYPE P-2 ON 6" CONC. BASE Sy 1,052 75.00 78, 900, 00 4008 PAVER, TYPE P-3 ON 6" CONC. BASE SY 307 75.00 23,025.00 4009 PAVER, TYPE V--1, INCLUDING 8" CONC. BASE SY 46 95.00 4,370.00 4010 PAVER, TYPE V-2, INCLUDING 8" CONC. BASE SY 459 95.00 43,605.00 4011 PAVER, TYPE V-3, INCLUDING 8" CONC. BASE SY 35 95.00 3,325 * 00 PAVER HANDICAP RAMP INCLUDING PAVERS, TRUNCATED 4012 DOME PAVERS ON 6" CONC. BASE EA 7 1,275.00 8,925.00 CONCRETE IANDICAP RAMP INCLUDING DETECTABLE 4013 WARNING MAT EA 12 1,075.00 12, 900.00 PLANTER CONCRETE HANDICAP RAMP INCLUDING 4014 DETECTABLE WARNING MAT EA 3 875.00 2,625.00 DROP-OFF PAVER HANDICAP RAMP INCLUDING PAVERS AND 4015 6" CONC. BASE EA 1 4,500.00 4,500.00 4016 8" THICK CONCRETE DRIVE SY 856 75. 0 64, 200.00 4017 PAVER DRIVE ON 6" CONCRETE BASE SY 30 80.00 2,400.00 4018 BENCH EA 18 1,510.00 27,180.00 4019 TRASH RECEPTACLE EA 11 995.00 10, 945.00 4020 BIKE RACK EA 5 1,254.00 6,270.00 4021 REMOVABLE BOLLARD EA 5 1,125.00 5,625.00 4022 ANNUALS- 4" POTS EA 444 1.54 683.76 4023 CHINESE FAN PALM- 6'-16' C.T. EA 30 906.00 27,180.00 4024 COONTIE - 3 GAL EA 272 18.50 5,032.00 4025 DWARF CONFEDERATE JASMINE- I GAL. EA 300 4.15 1,245.00 4026 HIGHRISE LIVE OAK- 15' HT., 3" CAL. EA 50 275.00 13, 750.00 4027 LAVENDER CRAPE MYRTLE- 30 GAL. EA 29 205.00 5,945.00 4028 LAVENDER CRAPE MYRTLE- 50 GAL. EA 9 355.00 3,195.00 4029 MEDJOOL DATE PALM- 14' C.T. EA 24 6,150.00 147, 600.00 4030 MUHLY GRASS- 3 GAL. EA 454 10.00 4,540.00 4031 ORANGE BULBINE- I GAL. EA 306 6.50 1,989.00 4032 PARSONS JUNIPER- 3 GAL. EA 1,297 10.00 12, 970.00 4033 PERENNIAL PEANUT- 4" POTS EA 1,344 3.00 4,032.00 4034 SWEET VIBURNUM- 3 GAL. EA 74 10.00 740.00 4035 WINDMILL PALM - 14' C.T. EA 36 1,575.00 56, 700.00 4036 DWARF YAUPON HOLLY- 3 GAL. EA 144 10.00 1,440.00 4037 XANADU PHILODENDRON- 3 GAL. EA 381 14.00 5,334.00 4038 SOD- BERMUDA'419' Sl' 7,500 0.40 3,000.00 4039 SOD- ST. AUGUSTINE TLORAI'AM' S1 3,000 0.35 1,050.00 4040 MULCH- MINI PINE BARK NUGGETS CY 215 45.00 9,675.00 4041 IRRIGATION L5 1 93,170.00 93,170.00 TOTAL LANDSCAPE, IRRIGATION c& HA SCAPE 1, 223, 043.76 5000 ELECTRICAL & LIGHTING 5001 CONDUCTOR (3 #6 INSULATED) LF 1,100 2.50 2,750.00 5002 CONDUIT 2" HAND TRENCHED LF 5,800 5.00 29, 000.00 5003 CONDUIT 2" DIRECTIONAL BORE LF 800 12.00 9,600.00 5004 CONDUIT I" DIRECTIONAL BORE LF 400 9.00 3,600.00 5005 SERICE CENTER EA 3 14, 500.00 43, 500, 00 5006 PULL BOXES EA 106 310.00 32, 860.00 5007 PLANTER LIGHT TERMINATION & CONNECTION EA 16 645.00 10, 320.00 Page 2 of 5 Item # 11 Attachment number 2 Page 17 of 19 TOTAL ELECTRICAL & LIGHTING 131, 630.00 SUIT-TOTAL, ROADS & ADMINISTRATION 1001-5007 2, 094, 161.66 5008 10% CONTINGENCY ROADS & ADMINISTRATION 1001-5007 209,416.17 TOTAL ROADS & ADMINISTRATION 1001-5008 2, 303, 577.83 6000 STO WATER ?t 15" RCP 1.I 120 35.00 4,200.00 (`)02 18" RCP LF 250 42.00 10, 500.00 6003 24" RCP Ll: 40 51.00 2,040.00 6004 4" CONTECH A-2000 PVC PIPE (IF NEEDED) _ 1,F 40 15.00 600.00 6005 8" PVC CONTECH PIPE, TYPE A-2000 Ll 120 15.00 1,800.00 6006 10" PVC CONTECH PIPE, TYPE A-2000 (IF NEEDED) LF 100 17.00 1,700.00 6007 12" PVC CONTECH PIPE, TYPE A-2000 LI, 50 21.00 1,050.00 7,008 18" PVC CONTECH PIPE, TYPE A-2000 I.F 40 37.00 1,480.00 6009 16" DUCTILE IRON STORM PIPE (CEMENT COATINGS) LF 70 75.00 5,250.00 6010 18" DUCTILE IRON STORM PIPE (CEMENT COATINGS) LF 120 85.00 10, 200.00 6011 BRICK & MORTAR PLUG FA 6 350.00 2,100.00 6012 6" UNDER DRAIN (IF NEEDED) LF 300 25.00 7,500.00 6013 6" UNDER DRAIN CLEANOUT, (IF NEEDED) EA 3 175.00 525.00 6014 8" UNDER DRAIN CLEANOUT EA 2 200.00 400.00 6C)15 CURB INLET, FDOT TYPE 5 (SINGLE WING) EA 5 3,975.00 19, 875.00 6016 CURB INLET, FDOT TYPE 5 CONFLICT (SINGLE WING) EA 3 4,350.00 13.050&0 6017 CURB INLET, FDOT TYPE 6 (DOUBLE WING) EA 1 4,550.00 4, 550.00 16018 CURB INLET, FDOT TYPE 6 CONFLICT (DOUBLE WING) EA 2 4,975.00 9,950.00 6019 FDOT TYPE V STORM INLET, J-4 BOTTOM EA 1 3,795.00 3,795.00 6020 FDOT TYPE V STORM INLET, P-3.5 BOTTOM EA 1 4,250.00 4,250.00 60'21 FDOT TYPE V STORM INLET, J-6 BOTTOM EA 1 4,875.00 4,875.00 6022 CURB INLET, FDOT TYPE 9 EA 2 4,365.00 8,730.00 6023 FDOT STORM MANHOLE, TYPE J-4 EA 2 4,275.00 8,550.00 6024 FDOT STORM MANHOLE, FORMED IN PLACE, TYPE J-4 EA 1 5,195.00 5,195.00 6025 CONFLICT FDOT STORM MANHOLE W/SUMP TYPE J-4 EA 1 3,575.00 3,575.00 6026 FDOT CONFLICT STORM MANHOLE FORMED IN PLACE, TYPE J- EA I 4 IF NEEDED 4,295.00 4,295.00 6027 FDOT CONFLICT STORM MANHOLE FORMED IN PLACE, TYPE J- EA 1 5,125.00 5,125.00 5 IF NEEDED 6028 8" DUCTILE IRON SANITARY SEWER PIPE (REMOVE AND LF 20 REPLACE 45.00 900.00 6029 10" DUCTILE IRON SANITARY SEWER PIPE (REMOVE AND LF 70 REPLACE 55.00 3,850.00 6030 ADJUST STORM MANHOLE RING AND COVER EA 6 425.00 2,550.00 6031 PIPE CONNECTION INTO EXISTING STRUCTURES EA 8 1,275.00 10, 200.00 6032 PRIVATE STORM BOX EA 3 2,150.00 6,450.00 6033 PRIVATE PERCOLATION INLET (IF NEEDED) EA 2 2,575.00 5,150.00 SUB-TOTAL STO WATER 6001-6033 174, 260.00 6034 10% CONTINGENCY FOR STO WATER ITEMS 6001-6033 17,426.00 TOTAL STO WATER 6001-6034 191, 686.00 UTILITIES Page 3 of 5 Item # 11 Attachment number 2 Page 18 of 19 7000 WATER 7001 1" & 1 1/2" WATER SERVICE EA 20 525.00 10, 500.00 7002 12" DI WATER MAIN LF 65 62.00 4,030.00 7003 8" PVC WATER MAIN LF 6,000 23.00 138, 000.00 7004 6" PVC WATER MAIN LF 100 21.00 2,100.00 7005 4" PVC WATER MAIN LF 85 20.00 1,700.00 7006 12" CROSS EA 1 1,615.00 1,615.00 7007 LINE STOP IAA 4 3,500.00 14, 000.00 7008 12" GATE VALVE EA 6 2,925.00 17, 550.00 7009 8" GATE VALVE EA 9 1,625.00 14,625.00 7010 6" GATE VALVE EA _ 11 1,125.00 12,375.00 7011 4" GATE VALVE EA 8 895.00 7,160.00 17012 FITTINGS & APPURTENANCES TN 5 3,950.00 19, 750.00 7013 FIRE HYDRANT ASSEMBLY EA 13 3,650.00 47, 450.00 SUB-TOTAL WATER 7001-7013 290, 855.00 7014 10% CONTINGENCY FOR WATER 7001-7013 I_,S 29, 085.50 TOTAL WATER 7001-7014 319, 940.50 8000 RECLAIMED WATER 8001 4" PVC RECLAIM MAIN 11, 3,000 15.00 45, 000.00 8002 1" RECLAIM SERVICE LF 120 10.00 1,200.00 8003 4" GATE VALVE IAA 15 895.00 13, 425.00 SUB--TOTAL RECLAIMED WATER 8001-8003 59, 625.00 8004 10% CONTINGENCY FOR RECLAIMED WATER 8001-8003 1_.S 5,962.50 TOTAL, RECLAIMED WATER 8001-8004 65, 587.50 9000 SANITARY SEWER 9001 5' SANITARY MANHOLE (ECCENTRIC CONE) EA 4 4,275.00 17, 100.00 9002 ADJUST SANITARY MANHOLE RING & COVER 1A 6 275.00 1,650.00 REMOVE AND REPLACE 6" SANITARY SEWER LATERAL (IF 9003 NEEDED 1A 30 815.00 24, 450.00 9004 REMOVE AND REPLACE 8" DI SANITARY SEWER MAIN (IF NEEDED) LF 30 45.00 1,350.00 REMOVE AND REPLACE 10" DI SANITARY SEWER MAIN (IF 9005 NEEDED) 1_.1 90 65.00 5,850.00 9006 INSTALL CLEAN-OUT ON EXISTING LATERAL, F,A 5 305.00 1,525.00 9007 REMOVE ABANDONED 8" SANITARY PIPE 11 85 10.00 850.00 9008 SANITARY SEWER MANHOLE CONE ONLY EA 1 1,875.00 1,875.00 SUB-TOTAL SANITARY SEWER 9001-9008 54, 650.00 9009 100/10 CONTINGENCY FOR SANITARY SEWER 9001-9008 LS 5,465.00 TOTAL. SANITARY SEWER 9001-9009 60, 115.00 SUB-TOTAL UTILITIES 7001-7013,8001-8003 & 9001-9008 405 130.00 TOTAL UTILITIES 10% CONTINGENCY 7014, 8004 & 9009 40, 513.00 TOTAL UTILITIES 445, 643.00 SUBTOTAL (LINES 1001-1007,2001-2014,3001-3008,4001-4041, 5001-5007, 6001-6033, 7001-7013, 8001-8003 & 9001-9008) 12,673,551.66 Page 4 of 5 Item # 11 Attachment number 2 Page 19 of 19 10000 fO`I"AL 10% CONTIOENCIES (LINES 5008,6032,7014,8004,& 9009 267,355.17 TOTAL CONSTRUCTION COST LINES 1001-10000 2,940,906.8: CONTRACTOR: BIDDER'S TOTAL 2,940,906.83 (Numbers) BIDDER'S TOTAL $ Two Million, Nine Hundred Fourty Thousand Nine Hundred and Six Dollars Page 5 of 5 Item # 11 City Council Agenda Council Chambers - City Hall Meeting Date: 12/2/20 10 SUBJECT / RECOMMENDATION: Approve the final plat for Country Club Townhomes, located on the south side of Drew Street between North Betty Lane and Fredrica Drive. (consent) SUMMARY: This is a replat of a portion of Brookwood Terrace Subdivision. This property was previously used as accessory parking for the Verizon building fronting Cleveland St. The property is within the city limits of Clearwater consisting of 2.21 acres more or less. The final plat will create 31 single-family residential townhome lots. The physical address for Country Club Townhomes is 113 North Betty Lane. The proposed project was approved by Development Review Committee on August 5, 2010 The property is zoned as Medium High Density Residential (MHDR). Review Approval: 1) Planning 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 12 0 ST J PALMETTO Co ST NICHOLSON d 7ST w ELDRIDGE ST Maple St ST w ? w m JACKSON RD ? z ~ o z z z F 0 O ° 0 O Z U U W z W _j Of ? < _U LL 2 Lu D- Lu 0 g w FST? ?O Browns O z Q ? P GROVE Of ST O Y LL N.E. ? w ? J ? ¢ CLEVELAND ST W Q E w Y Z ST (If O W Y 2 (D ~ z O J 2 U z U) Q ? g GOULD ST BROWNELL ST O O COURT ST SR-595 ST ST ¢ v U_ z W ? ° PARK ST 2' (D ?n\ g w 0 PIERCE L? ?m STo w U, ? Evergreen Place ¢ g P, K(4 4, U a U v j F FRANKLIN ST CIR ¢ I- W m SANTA ROSA 5 SR-60 J ¢ ROGERS ST M w A0E r N J r G O z ¢ J DRUID lu-u(i?uu,Lr Page 1 of 1 -1 1? ROSE < MERE DC MAPLE w C ?¢ RID( ° ¢ ¢ ?aGa rands ? FOREST RD ? PINE PLAT E E < E0 LOCATION Q ? g C OAK CRESTVIEW ST C _ D ROSE C w ° w w ° ¢ ¢ O 0 ¢ O 0 RD z w w (If U Lu W w PARK 0 F w 2 D U) [if U z PIERCE ST 2 ST FRANKLIN O'G? D T ?O ST DE LEON a JUAN SACOURT ST SR-651 GULF-TO ¢ ROGERS ST n w Lu F Q ? U) TURNER O ST (If U O O :2 0 2 W 3? PINE Of ST w U) (D L u Clearwater Plat Location of N Prepared by: Engineering Department Geographic Technology Division Country Club Townhomes Subdivision W E S 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www. 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I N O N \ ` \ m °O 00 \ \ ; 61.17 I cn omo \\ \?------1-----^--------------? I° N 35.43' \\ N00'00'00"W \\ I Co °o \ I cn - 22.83' 22.00' 22.83' L17 22.83' 22.00' 22.83' \ \ m N00'00'00"W :z \\ \ N 61.17' 0 0 0 ? \ rv 0 0 0 O m 0 Cl 0 I- - o o o o L30? of .16 'r' m i m I 61.17 ?, vl ?, Co N N rn ? ? I rv i 6 Q a N I cA v v v ?I N00'00'00"W N00'00'00'W a1.. I I Cn N00'38'51 "E 61.' 22.83' 22.00' 22.83' L18 . . . 22.83' 22.00' 22.83' O • , ... • • • •' " • ......... I I S00°00'19 "W 310.02' ? w 0 0 FREDRICA DRIVE 0 --- 60- R/W (P.B. 8, PG. 34) ' r N ? zo ? ? ? U- - - ? ; ? r r r r r r r r r i N O cfl 00 ?I O CJi ( A N O cfl 00 ?I O U1 Crl N m r' Z z z z cn z z z z z z cn z cn cn z z z z cn z cn cn m o, ? oo oo o o o o p CD -i m m oo o oo ? oo ? m N ?I Cn -pt 0 0 0 0 0 0 m m (n (A ? O (A ?I w W w r,3 CA p fv (0 d d d (.W ? ? 0 0 a O ? d 0 N3 fV (-4 D N O N N O O O O v U O 4 ?I cn -PL O OO N U? Z7 Gd N O O O O _p N O C, -P.- CA CA -P.- ci O cn 0 0 cn v O O O O (A 0) Cn v c0 61 --I O N v 00 ?I 00 al C) ? m m m m ri m m m m M :::9 :::9 rr ri ri M ri M D 0 cn ? w w j w cn 5 cn N N W O O CA CA O O O O v O O O C,J N _ ?I v P v U1 a D U r' X ? Z mDmX o CnzKD Z N Z ? m=OD 1 -0 r > -00 N X N ? Z :Z 0U) II 0 Z ? r , O0 O N CO m m o ,? City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/2/20 10 Approve the supplemental engineering design services work order to Engineer of Record, King Engineering Associates, Inc., in the amount of $38,406.00 for the Water Reclamation Facilities Clarifier Evaluation and Rehabilitation Project (10-0023-UT) and authorize the appropriate officials to execute same. (consent) SUMMARY: The City's Water Reclamation facilities (WRF), Marshall, Northeast and East, utilize clarifiers as part of their treatment process. The Northeast plant has eight clarifiers, the Marshall plant has four clarifiers, and the East plant has two clarifiers. The clarifier's internal components have been repaired and randomly replaced over the years as part of routine maintenance and other improvements. The original work order was approved by City Council on April 15, 2010 in the amount of $136,621.00. The work order authorized King Engineering to evaluate the Clarifiers at the Northeast, Marshall and East WRFs, recommend improvements, and develop design documents for rehabilitation of the clarifiers at each facility. The supplemental work order is for additional design and investigations required as a result of the clarifier evaluation. Extra design at the Northeast plant includes full replacement of the return activated sludge pumps, more extensive electrical upgrades, and installation of a groundwater level monitoring well. The gates of the splitter box connected to the clarifiers at the Marshall facility were evaluated and repairs recommended. The City also re-directed the designers to investigate other equipment manufactures other than Envirex, included in ten of the City's fourteen clarifiers. The original work order was for $136,621.00. The new work order total, including this supplement, is $175,027.00 The design phase is anticipated to be completed by January 30, 2011. The construction will be phased at each facility based on available funding. The Public Utilities Department shall own and maintain the proposed improvements included in this design Work Order. Sufficient 2009 Water and Sewer Bond proceeds are available in 0376-96654, Facilities Upgrade and Improvements in the amount of $38,406 to fund this Work Order. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: See summary. Current Year Cost: $38,406.00 Annual Operating Cost: Not to Exceed: $38,406.00 Total Cost: $38,406.00 For Fiscal Year: 2010 to 2011 Cover Memo Appropriation Code Amount Appropriation Comment 0376-96654-561300-535-000- $38,406.00 see summary Item # 13 0000 Review Approval: 1) City Manager 2) Clerk Attachment number 1 Page 1 of 6 ENGINEERING ASSOCIATES, INO. King Engineering Associates, Inc. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Design Supplemental WO Date 1. October 20, 2010 PROJECT TITLE: Proj ect Number: 2110-202-000 City Project Number: 10-0023-UT Water Reclamation Facilities Clarifier Evaluation and Rehabilitations 2. SCOPE OF SERVICES: In April 2010 the City authorized King Engineering Associates, Inc. (King) to evaluate, provide recommendations and provide design and bidding services for rehabilitating the clarifiers at the Northeast, Marshall Street and East Water Reclamation Facilities (WRF). The Work Order Supplement authorizes King to provide additional services not anticipated or included in the original Work Order. Specifically, the additional services include: Task 1: Piezometer at the Northeast WRF The clarifiers at the Northeast WRF are partially below ground. While the four clarifiers for the south plant are equipped with groundwater relief valves, the four clarifiers for the north plant do not, requiring that the groundwater levels around the clarifiers be monitored and lowered, if necessary, prior to draining the tanks. King will hire a geotechnical subconsultant to install a 2" piezometer adjacent to the north plant clarifiers to allow the groundwater level to be monitored during the evaluation and construction. Task 2: Additional Improvements at the Northeast Plant A. The original scope of services assumed that electrical upgrades would be limited to the possible replacement of circuit breakers, starters and other Page 1 of 6 Item # 13 Attachment number 1 Page 2 of 6 MCC related components and that a detailed review and design of existing or new loads is not required. In addition, it was assumed that the only new piece of equipment requiring power will be the flow meter on the Northeast WRF north WAS pump discharge. The electrical evaluation resulted in recommendations in excess of those assumed necessary, some of which the City will implement internally. Electrical upgrades at the Northeast WRF to be added to the scope include: • Replacing the MCCs in both the north and south plant RAS buildings; • Replacing the VFDs in both the north and south plant RAS buildings; B. The original Work Order also included repair of the RAS pump bases at the north plant. Rather than repair the base, the project now includes full replacement of the RAS pumps and bases and the RAS piping supports at both plants and replacement of the WAS pumps at the north plant. King will develop technical specifications and drawings for this work. C. The four clarifiers in the north plant do not contain groundwater relief ports. King will provide details for the contractor to install relief ports in the north clarifiers as part of the project. Task 3: Develop Competitive Specification Other than the four clarifiers in the Northeast WRF north plant, all of the City's existing clarifiers contain Envirex equipment. The original Work Order was developed based on the assumption that all the clarifiers would be standardized around Envirex. The City has determined that other clarifier manufacturers should be permitted to competitively bid the project. King will: • Coordinate with and evaluate major clarifier equipment manufacturers and develop a table comparing manufacturers by major component; • Meet with the City to discuss potential suppliers; • Develop a competitive technical specification tailored to the City's clarifiers; • Modify drawings to allow for the inclusion of specified manufacturers. Task 4: Marshall Street Splitter Box Gate Evaluation The original Work Order assumed that the four splitter box gates at the Marshall Street WRF would be replaced. During the field evaluations, King assisted the City with verifying gate dimensions and diagnosing the difficulties with operating the gates. This included: • Several field visits; • The participation of a structural engineer; Page 2 of 6 Item # 13 Attachment number 1 Page 3 of 6 • Assisting the City with inspecting and obtaining measurements of the gates by developing a plan for bypassing and draining the splitter box and by attending and assisting with the procedure during the night; • Coordinating with the gate manufacturer to determine repair and replacement options; • Developing a memorandum outlining the above. 3. PROJECT GOALS: Project deliverables will remain as outlined in the original Work Order with the above additional drawings and specifications added. Additional deliverables include the following: • One copy of the piezometer installation drawing and SWFWMD permit and completion report; • One electronic (PDF) copy of the splitter box evaluation memorandum; • One electronic (PDF) copy of the structural engineer's splitter box evaluation letter. 4. BUDGET: See Attachment "B". This price includes all labor and expenses anticipated to be incurred by King Engineering Associates, Inc. for the completion of these tasks, on a lump sum basis, for a fee of $38,406. No permits or application fees are anticipated for the project. 5. SCHEDULE: The additional tasks described above will be completed in accordance with the current project schedule. 6. STAFF ASSIGNMENT (Consultant): Pri ncipal/Project Manager: Assistant Project Manager Sr. Project Engineer: Engineers: Designers: Clerical: Christopher F. Kuzler, P.E. Tom Traina, P.E. Jeff Elick, P.E. John Xie, P.E., Josh Logan, P.E., Tatyana Gordyenko Frank Paul, Chanta Sengaroun Kim Joannides 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Christopher F. Kuzler, P.E. All City project correspondence shall be directed to Tara Kivett with copies to others as may be appropriate. Page 3 of 6 Item # 13 Attachment number 1 Page 4 of 6 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater Engineering, Attn: Deb Lutz, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly based on a percent complete for each task. Invoices will identify the costs for the NE plant. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0376-96654-561300-535-000-0000 10. SPECIAL CONSIDERATIONS: None. PREPARED BY: Christopher F. Kuzler, P.E. Sr. Vice President King Engineering Associates, Inc. Date APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Page 4 of 6 Item # 13 Attachment number 1 Page 5 of 6 C rwter F UZI, ff`d ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment "A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing the following methods. 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" _ 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3d file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address tom.m honyktny_c1_earwater.com ? All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Page 5 of 6 Item # 13 Attachment number 1 Page 6 of 6 ATTACHMENT B CITY OF CLEARWATER Water Reclamation Facilities Clarifier Evaluation and Rehabilitation Amendment No. 1 PROJECT BUDGET King Engineering Associates, Inc. Task Description Subconsultant Services Labor Total 1.0 Piezometer at Northeast Plant $1,400 $ 1,040 $2,440 2.0 Additional Improvements at Northeast Plant $11,300 $8,543 $19,843 3.0 Develop Competitive Specification $10,242 $10,242 4.0 Marshall Street Splitter Box Evaluation $1,775 $4,026 $5,801 Subtotal, Labor and Subcontractors $38,326 Permit Review Fees $0 Other Direct Costs (prints, photocopies, postage, etc) $80 Grand Total $38,406 Page 6 of 6 Item # 13 ?- Meeting Date: 12/2/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve extension of temporary lease between City of Clearwater and Bottlenose Productions, Inc. for use of the Harborview Center in conjunction with the production of the motion picture A Dolphin's Tale, from December 15, 2010 until January 15, 2011, and authorize the appropriate officials to execute same. (consent) SUMMARY: In July 2010, the City Council approved a business lease contract between the City of Clearwater and Bottlenose Productions, Inc for use of the Harborview Center in conjunction with the production of "A Dolphin's Tale". The lease is scheduled to expire on December 15, 2010. However, due to production scheduling issues, Bottlenose Productions, Inc has requested an extension of the lease until January 15, 2011, in order to complete the project. There are no other changes to the lease. Staff recommends approval of the extension to allow an orderly completion of the production. Review Approval: 1) Financial Services 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 14 Attachment number 1 h!f_i'V-1 o-?i: J IA T'"ILI,1 17! 5 bot leno e pt`oluct i ons (Fqk) ` 274433319 Page 1F6fU2/0 OL November 18, 2010 City of Clearwater Florida 112 South Osceola Ave Cleteter, FT, 33756 'Rod Assistant City Manager RE: Bottlenose Productions, LL Extension oFLeasc for :1Tlarborview eater Dear -Mr. Irwin; Due to utfor'v,s n circumstances and production delays, we respectfully request to extend our lease dated 2 July, 2010 for use of the Harborview Center. e fully intend to have vacated the premises by the Christmas Holiday, but are requesting the extension to encompass coverage until January 15, 2011, in case of fi rther un-foreseeable delays. Everything has gorse splcndidt-- on our end re ardin our u. of Harborvi wv Center, as well as our experience in the City of Clearwater and surrounding areas. We want to thank everyone involved for their coo. em' on and patience. We are almost at the finish - ,i Pl(?e Ie n-,-,': tow if zbere is anything further you need to facilitate this request and what the next step of this process gill enta 1, Sirs re y, R. Colette Hailey Location Manager Bottlenose Productions, LL "Dolphin Tale7 71.7.487.3685 (o) cc: Try Bigham, Bob En elr n bottlenose Productions, LLC 400 Cleveland Street- d Floor Clearwater, Florida 33756 Item # 14 Attachment number 2 Page 1 of 2 AMENDMENT TO BUSINESS LEASE CONTRACT THIS AMENDMENT TO BUSINESS LEASE CONTRACT (the "Amendment") is made effective this day of December, 2010, by and among the City of Clearwater, Florida, a Florida municipal corporation ("Lessor"), having its principal place of business at 112 South Osceola Avenue, Clearwater, Florida 33756, and Bottlenose Productions, LLC, a Delaware limited liability company ("Lessee," and together with the Lessor, the "parties"), having its principal place of business at 10390 Santa Monica Blvd., Suite 250, Los Angeles California 90025. WITNESSETH: WHEREAS, Lessor and Lessee entered into a Business Lease Contract (the "Lease") dated July 29, 2010, whereby Lessor did lease to Lessee all of the premises commonly known as the "Harborview Center" addressed at 320 Cleveland Street, Clearwater, Florida, LESS AND EXCEPT that approximately 2800 square foot portion thereof under lease to Pickles Plus Too, Inc., a Florida corporation, and sixteen (16) signed, and other parking spaces appurtenant thereto, all as more particularly described in said Lease; and WHEREAS, the lease term (the "Lease Term") as set forth in Paragraph 1 of the Lease commenced on the 9th day of August, 2010 and continued until midnight on the 15th day of December, 2010; and, WHEREAS, the parties now mutually agree to amend said Lease solely with respect to the Lease Term, and in no other manner whatsoever; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Lease Term. Paragraph 1 of the Lease is hereby amended, extending the Lease Term for one (1) additional month to midnight on the 15th day of January, 2011, so long as Lessee is not in default of any other terms and provisions of the Lease. 2. Remainder of Lease Unaffected. In all other respects, the remainder of the Lease shall remain in full force and effect. Any portion of the Lease that is inconsistent with this Amendment is hereby amended to be consistent. 3. Headings. The headings contained in this Amendment are for reference purposes only and shall not modify or affect this Amendment in any manner whatsoever. 1 Item # 14 Attachment number 2 Page 2 of 2 4. Counterparts. This Amendment may be executed in counterparts, all of which together shall constitute one agreement binding on all the parties hereto. IN WITNESS WHEREOF, Lessor and Lessee have caused this Amendment to be duly executed on the day and year first written above. AS TO LESSEE: BOTTLENOSE PRODUCTIONS, LLC By: Name: Title: AS TO LESSOR: CITY OF CLEARWATER, FLORIDA Countersigned: Frank V. Hibbard, Mayor Approved as to form: William B. Horne II, City Manager Attest: Laura Mahony, Assistant City Attorney Rosemarie Call, City Clerk 2 Item # 14 ?- Meeting Date: 12/2/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize additional funding to Jeffrey Hinds of Bricklemyer, Smolker and Bolves for legal representation in the cases of Divaco v. City, Szlechta v. City and Rudman v. City (Beachwalk Cases), in the amount of $150,000. (consent) SUMMARY: Divaco v. City involves a claim of inverse condemnation arising from certain aspects of the design and construction of Coronado Boulevard, a part of the Beachwalk Project. A parking lot belonging to Divaco was curbed and, as a result, Plaintiff contended it lost seven parking spaces and lost business commensurate with the number of spaces lost. A trial on liability resulted in a finding that a small portion of plaintiff's property had indeed been used for constructing a sidewalk but that no taking had occurred as a result of periodic flooding or loss of access (parking). The only remaining issue is whether plaintiff is entitled to recover attorney fees and costs. Jeff Hinds will be preparing for and conducting a hearing on plaintiff's motion for attorney fees and costs, including experts' fees, set for December 21, 2010. Rudman v. City and Szlecta v. City are similar to Divaco in that the design and construction of Coronado Boulevard allegedly resulted in periodic flooding and loss of access and parking spaces. These cases were held in abeyance pending the outcome of Divaco, but are now active again. The plaintiffs will be seeking compensation for lost property, business damages, attorney fees and costs, including experts' fees. Mr. Hinds will be gearing up for discovery (paper and depositions) and eventually the trial of both cases. The additional funding in the amount of $150,000 is available in the City Attorney's professional services budget. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: 150,000 Not to Exceed: For Fiscal Year: 10012010 to 09302011 Appropriation Code Amount 000010096005301005140000000 150,000 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment No Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: Other Cover Memo Item # 15 Review Approval: 1) Clerk City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/2/20 10 Approve the appropriation of $88,200 of unappropriated retained earnings from the recommended list of funds to the departmental operating budgets to provide for the disbursement of a $100-remuneration, less withholding, to each regular full-time and part-time employee represented by Communications Workers of America (CWA) Local 3179 who was employed in an active status as of October 26, 2010. SUMMARY: On September 23, 2010, an impasse hearing was conducted before City Council to resolve the contractual wage reopener between the City and CWA Local 3179 for the period from October 1, 2009 through September 30, 2010. The City presented the position that no wage increase should be provided for the subject period. The Union presented the position that a one-time remuneration of $250 should be provided to all represented members for the subject period. City Council, by a 3 to 2 vote, directed that each CWA represented employee be provided a one-time remuneration of $100.00. The CWA conducted a ratification vote and approved the Council decision by a vote of 100-65. Funding for this item will be provided from the appropriation of retained earnings of the related operating funds at first quarter as follows: 010 Gen Fund 37,800 402 Airpark 200 419 Storrawater 3,400 421 Water/Sewer 13,500 423 Gas 5,800 424 Solid Waste 9,900 426 Recycling 1,900 432 Marine 1,300 433 Boat Slip 400 435 Parking 2,700 555 Admin Svc 3,700 565 Gen Services 4,000 566 Garage 3,600 Total: 88,200 Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 16 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Meeting Date: 12/2/20 10 Review Approval: 1) Clerk Cover Memo Item # 17 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Code changes requested for nonconforming uses, other. SUMMARY: Meeting Date: 12/2/20 10 As requested, the purpose of this agenda item is to provide Council a delineation of specific changes to the Community Development Code (CDC) as requested by Mr. Scott Bitman, owner of Cycle Masters, located at 3100 Gulf-to-Bay Boulevard. At a meeting conducted by the City Manager, Mr. Bitman identified those items that he felt precluded him from conducting the business activity as intended. Council is already aware that in 2007, Mr. Bitman acquired the property and commenced operations without benefit of requisite due diligence or by being burdened with obtaining any authorization, approvals, or a business license. Mr. Bitman did eventually submit an incomplete Flexible Development (FLD) application on February 6, 2009; however the necessary information to make this application complete was not submitted until October 7, 2009. After going before the Development Review Committee (DRC) at its meeting of November 5, 2009, the necessary revised plans were not resubmitted in order for the application to be brought before the Community Development Board (CDB) until June 11, 2010. Ultimately, on July 23, 2010, the CDB denied the development proposal. It is noted that based upon the initial application date, this proposal would have been able to be heard at the CDB meeting of April 21, 2009, had all materials been submitted and revised by the applicant in a timely manner. As of October 28, 2010, the business has accrued fines of $118,250, which will ultimately constitute a lien on the property. In addition, city staff has issued numerous notices to appear before the Circuit Court for various infractions. Illegal storage and keeping of inoperable vehicles has resulted in several being towed. At this point, the City continues to issue notices to appear for various ongoing violations and intends to pursue further court action to the extent possible to have the illegal business activity discontinued. A copy of the requested amendments to the CDC by Mr. Bitman is available. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 5 1. Eliminate six month limitation on grandfathering nonconforming uses. Pursuant to Community Development Code (CDC) Section 6-103.D, in the event a nonconforming use is discontinued or abandoned for six consecutive months, then the use shall not thereafter be re-established or resumed and any subsequent use of the land or structure shall conform to all of the requirements of this Development Code. This provision exists so that those uses that are no longer permissible within a zoning district will eventually be replaced by uses that are permissible within the zoning district. Without such a provision, there would be no mechanism to ever bring properties into compliance with regard to their use and would defeat the purpose of having permissible uses within zoning districts altogether. It is noted that the CDC also has a nearly identical provision that pertains to nonconforming structures, and has similar provisions that pertain to nonconforming signage and nonconforming access features. It is further noted that similar provisions exist in many, if not most, other zoning codes, including those of the cities of Dunedin, Gainesville, Jacksonville, Miami, Orlando, Sarasota, St. Petersburg, Tallahassee, Tampa, and West Palm Beach. 2. Pre-existing commercial should not be burdened by subsequently developed residential property. Within the Commercial (C) District there are several uses that are permissible, subject, in part, to compliance with the following flexibility criterion: The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. This criterion is applicable to each of the following uses: ¦ Alcoholic beverage sales ¦ Automobile service stations ¦ Limited vehicle service ¦ Nightclubs ¦ Outdoor recreation/entertainment ¦ Outdoor retail sales, display and/or storage ¦ Problematic uses ¦ RV parks ¦ Self storage ¦ Social/public service agencies ¦ Social and community centers ¦ Vehicle sales/displays ¦ Veterinary offices or animal grooming/boarding. In contrast, the following uses are permissible within the C District and not subject to this criterion: ¦ Accessory dwelling ¦ Educational facilities ¦ Governmental use ¦ Indoor recreation/entertainment ¦ Light assembly Item # 18 Attachment number 1 Page 2 of 5 ¦ Marinas and marina facilities ¦ Medical clinics ¦ Mixed use ¦ Offices ¦ Off-street parking ¦ Overnight accommodations ¦ Places of worship ¦ Public transportation facilities ¦ Restaurants ¦ Retail sales and service ¦ Telecommunication towers ¦ Utility infrastructure facilities A commercial property is not a "use", but a broad classification or category of many distinct uses each with their own standards and criteria that determine whether or not the use is appropriate in its proposed design and/or location. All uses have impacts upon their surrounding properties. Certain uses are deemed to have more substantial impacts than others, and those impacts may be viewed as being detrimental to residential properties. As such, rules or criteria have been established to limit the ability for those uses to be established adjacent to residential properties. Something that has historically been typical of many municipalities is numerous "commercial" zoning districts (Limited Commercial, Neighborhood Commercial, General Commercial, C-1, C-2, etc) that are based upon marginal distinctions. What Clearwater and many other cities have done is to collapse or create fewer condensed commercial districts that employ criteria to provide a more logical framework for where certain uses may be located. This is done, not only for this framework, but because the single district promotes more uniformity between each commercial area. 3. Setbacks should not apply when property is taken through eminent domain or voluntarily sold for public purposes. The CDC states the following as it pertains to nonconformities created as a result of eminent domain (CDC Sections 6-110.A, B and C): A. In the event that an eminent domain action creates a nonconforming structure, such nonconforming structure may remain as a legal nonconforming structure provided that all other regulations of this Code regarding nonconforming structures are met. This section shall not be applicable to single-family detached and attached dwellings. B. In the event that an eminent domain action renders a site nonconforming with respect to the development standards of this Code, the property shall be required to comply with the development standards to the maximum degree physically and financially feasible as determined by the community development coordinator. The community development coordinator may require mitigation and/or improvements to the site that are related to the Item # 18 Attachment number 1 Page 3 of 5 specific conditions of the site, that adequately improve the public safety issues of the site and which implement the purposes of this Code. C. All other nonconformities created as a result of eminent domain shall be governed by the provisions of this article. Pursuant to CDC Section 3-903.A, no building or structure shall be permitted in a setback required by the applicable zoning district. Pursuant to CDC Section 2-702, within the C District, the minimum required setbacks are 25 feet (front), 10 feet (side), and 20 feet (rear). As stated in CDC Section 6-110.6, "the property shall be required to comply with the development standards to the maximum degree physically and financially feasible," and "may require mitigation and/or improvements to the site that are related to the specific conditions of the site, that adequately improve the public safety issues of the site and which implement the purposes of this Code". The CDC does not require total compliance with all of its otherwise applicable provisions when dealing with nonconformities related to eminent domain. It simply requires as much compliance as possible, and mitigation/improvements addressing specific conditions, public safety issues, and the stated purposes of the Code. It is understood that not all elements of the Code are possible to be complied with subsequent to a taking of property via eminent domain, but it is also understood that certain improvements or changes may be necessary to address issues born from eminent domain. 4. Eliminate rules that limit outdoor sales, display and storage. Pursuant to CDC Section 3-913, unless otherwise expressly permitted in the zoning district in which the property is located, the outdoor display and storage of goods and materials is prohibited. Pursuant to CDC Section 2-7031, within the Commercial (C) District, outdoor retail sales, display and/or storage may be approved as a Level One, Flexible Standard Development, subject to the associated property meeting established development standards, and the following criteria: 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas unless the principal use is the sale of living plant material; 2. No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 3. All buildings located on the parcel proposed for development are finished or painted in earth tone colors; 4. No cyclone, chainlink or other metal mesh fences are located on the parcel proposed for development; 5. All fences, excluding gates, are landscaped on the exterior of such fences with continuous shrubs or vines and trees located 20 feet on center; 6. No goods and materials other than living plant material which are stored or displayed outside a building or structure are located within a required setback; 7. The parcel proposed for outdoor storage or display fully conforms to the requirements of Article 3, Division 7 in regard to landscaping; 8. The height of non-living goods and materials stored or displayed outdoors shall not exceed 15 feet; Item # 18 Attachment number 1 Page 4 of 5 No building materials or automobile parts or supplies which are stored or displayed outdoors shall be visible from a public right-of-way. It is noted that pursuant to CDC Section 3-1502.F, the following rules also pertain to exterior storage and display on nonresidential properties: 1. All equipment, materials and merchandise shall be stored and located at all times within an enclosed structure and no exterior storage of merchandise for sale shall be permitted unless expressly authorized pursuant to the provisions of this Development Code. 2. Garbage and trash shall be deposited only in dumpsters or cans or other receptacles specifically manufactured and intended for such purpose, and secured at all times with a tight fitting cover or lid. 5. The cost, criteria and time for the FLD application is too restrictive/cumbersome. A recent, yet not completed, comparison of development fees between Clearwater and surrounding municipalities and counties would appear to indicate that Clearwater's application fees are not overly restrictive. This study would, in fact, appear to show that fees actually run approximately $800 - $1,000 less in Clearwater than the average of the other government entities studied. The criteria for FLD (and even for FLS) applications are established in order to facilitate compliance with the numerous general purposes of the CDC set forth CDC Section 1-103, as well as the goals, objectives and policies of the Comprehensive Plan. It is the purpose of the criteria to provide structure to the means by which the flexibility offered by our Code is granted either by staff or by the Community Development Board. It is also the purpose of the criteria to help regulate those uses that may not be appropriate generally, or without restriction, within a zoning district, as those uses may possess certain characteristics which may make them incompatible with existing uses, contiguous zoning, other permitted uses, or future uses. In other words, certain uses may be allowable within a zoning district, but may not be appropriate to be located anywhere in a zoning district. The flexibility criteria within the Code provide direction in steering those uses away from areas where they may be incompatible or have a negative impact. Item # 18 Attachment number 1 Page 5 of 5 The time frame for Level PERMITTED USES: LEVEL TWO Two (FLD) approvals is set forth in Article 4, Division 4 of the CDC and is specific in the number of days involved in each step - - of the application process. V WN F(W .?P!'?tz)t,?L The process, from the MAX, ubmittal o a complete -------- A) S ----------------- --------- ?? application to the Planning I ?? ? and Development $1 AN Department until it is 18DA' reviewed by the CDB, lasts approximately 78 days. c? ?r However, this time could MAX. 33 s be longer depending upon the length of time necessary for the 1':R I N6 OITK <<R ., ?1R''1?A;1 I?I A 11,-I i .., iM;11tD III P1 ?1I l W11)) applicants to make their . (Cf 10A) applications complete, or to respond to comments WHO following the ??? Development Review L Committee (DRC) ki ,. meeting. Item # 18 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: MPO Reapportionment Plan - Hibbard and Doran SUMMARY: Meeting Date: 12/2/20 10 Review Approval: 1) Clerk Cover Memo Item # 19 J r'i1C®lmL ,S COUNTY iI'T?{' P tT N LAl Il6'' .. 600 Ohnvela.nd Street Sutt?_ 7-)u NovembG,° 17, 2010 Mr, tNilliam borne, City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 88758-4748 Dear Mr. Lorne: R : IMPO ?.apporr'tionrnent Flan Attachment number 1 Page 1 of 6 ?.I R1, da 33755 (727) 464-8200 Phone (727) 464-8201 Fax Several months ago, a Transportation/Land Use Committee comprised of board members from the Metropolitan Planning Organization (MPO), the Pinellas Planning Council (PPC). and the Board of County Commissioners (BCC) was established to look at nays to better- intecrrate countywide transportation and land use planning. Among other tNncgs, the Committee recommended that a single board be established to serve as both the policy board for the MPO and the PPC. It was the consensus of all three entities that the MPO Board, expanded to include cities not currently represented, would serve as the unified board for the MPO and the P PC> At its meeting of November 74, 2010, the MP0 approved a membership Reapportionment Plan (attached) to add two additional seats: one for the ten beach communities and one for the inland communities that do not currently have seats on the Lcard. The Reapportionment Plan calls for the seats to be rotated amorg the affected cities every two years. State la%v requires that the Reapportionment Plan include resolutions of support frern member agencies. To that end, each focal government is asked to adapt a resofut on of support. The Reapportionment Plan and a draft resolution are attached. Once your agency approves the resolution, please for,vard a copy to the VIPO so that it may be included i the Reapportionment Plan, which must be submitted to the Governor's Office for final approval. Please note that the' MPO's action to expand the board membership is contingent on the approval of changes to the PPC's Special Act. Therefore, the Reapportionment Plan will not be SL lb m tted to the Governor until the Special Act is amended. Should you have questions concerning the Reapportionment Plan or the requested local action, please contact Mr. Brian Sm'th or Ms. Sarah Ward of the MPO staff at 727-464-82134.. Sincerely, Chris ArhUtine, Chairman Pinellas County Metropolitan Planning Organization Attachments Ml - 0 tir'?/F-BSITE: wwv,, rlnellascounty.org/mpo Item # 19 Attachment number 1 Page 2 of 6 Lf'' A),11i'i0i'; 1,1°10, A i ivr Ll lp, "l iM (njaasert name of local cal ? ?overnment ?€?r I? g?g'S?'.,%) A..&,. VP,0' v J'?°??ia ,t {r"? d??.1i?r1y .@O3?l?'?9:.`l? :i® A PLAN FOP-,- ,. Tf' F AND PROVIDING A EFFECTIVE DATE a"v'fif,;REI S, the Pinellas County Nlc.trnpolitan Planning Or arii/.ation (MO) way ccL:mL?d and est4il?litihe?i by in lnterlckc;al Agreement in AuPust 1977 to pore}I'til transportation functir;t," identified in F?dcral La\rs Titlc'23 U.S.C. and 49 1J.S,C;.,- and WHE1?1,,AS, the State i.e4is'WL11-e enacted Florida Statutes 334.215 to define the Metropolitan Planning Organizations unticr° 'state law; and WHEREAS, Florida St,ittitc ; 'i 4.215 was replaced by Florida Statutes 339.175: and 10,1illiJU,',AS, the Interlocal Agreement estaf.,lisliili? the MPO was last amended in 2004 pursuant to tht - provisions of Chapter 339.175(2)(b); arid WHEREAS, Florida Statutes 339.175(3) provides that the voting nienihLcrL hil, of the iMPO shall consist of not fewer than 5 or more than 19 apportioned members, the C, ? L:t nt.rmber to be determined on an equitable geographic-lrPi)ulatiran ratio basis by the Covernor, ba?cd on agreement among the affected units of general purpose local government as rctltaired by federal rules and regulations; and WHEREAS, the Pinellas CuLinty M PO is currently comprised of eleven rIi rnbers; one each front the cities of Clearwater, Largo, fineIli, Park and Dunedin, two frirni 'ihe Ciry of t. Petersburg; a rotated seat shared by the cities oi' 0ckm.ir,. Safety Harbor. ;anti Tarpon Spnn`'ti, three County Commissioners; and one from the Pinella , Sun coast Transit :14tithi,?rity; and Is"i'fi[a:i AS, the Pi,leilas County %440 dc.,ire:s to r "lpportion the board mernbership to provide rcprc?cntation for al local governments in the COuraty; ?Md WIdFlyFAr ,, the Pinellas County kll'0 li is approved a N'Ictnlhcrrlaip 1'' reaapportiottra-rcm N'til which provides for the ad6'1tiuii of twi rrcinhtrr, ouc: rrl rcrcntin the cities of Pcllcair, 3ellcair 131rrff, C rrlflx0rt, K'-nneth City, Sc3niii, lc anti Sotuh 1'asadenrt ,anal another representing tlae cities of 13UI1tair Beach, i3Cleair Shore, fjidian Rocks Beach, Indian' hares, Nladeir;a Beach, North Redinfton Beaclt. 1:GCiii1<<,toti Beach, Redingtc_ ii ?ll !I S, St. Pete R rtch and 'Freasarre Island, bringing the total 4otirr- incmburship to thirteen. NOW, I I i l R 1 1- ORE, BE IT i I SULVh 7 by the (name of local government or PSTA) that-, 1. The (local ovornrnent or PS°CA) hereb4? approves the MPO Merttl,tr-sllip eGi1'}1??,1't1?:;nment Ilan and agrees to be a tmetiri?cr' 'M coiii-or"rizance with the Plan <n,[ ;-'t`itanury retluireniclats. 2. "I"lais I esolr:rti0ra shall become €t°ctia c it imcdirittly upon passage and adoption, l'r1SS1,;1..) AND ADOPT 1;17 BY l`1-ll_1.: (name t)i'luc:al governmQnt or PS"l'A)'i'111S (insert Item # 19 Attachment number 1 Page 3 of 6 PI F'T LAS C iIMN'r METRO PC'I'-J l a!k PLANNING Tf? "". _N ZA'1 ION [?JF, Jil1T,, SHIP RE/-">-' 9'l--IORT°IONMENT PIA Pinellas County is located on the central west cods of Florida. According to the IT itod ?1.aites I3ure to of the C'crlsus, the entire County is url,,mize . In 2009, the County's popu 3tion vas e,,,ili rated by the University of Florida's Bureau of Economic and l_ i.isiness Research to be 931,111 Fedond law (Tile 23 Code of Fcdcr<il Fte;-trlatic n Part 150) provides that a nretropoliUm planrimp, orp'-Wi;_?ttion shall be desi inaltd 1'61 c-tich u1-l?allirC l area with a population of more than. 50,tW iridividaals, The Pinellas (.1'ovi0\,, Nletropi)iitan Planning Organization ??.as created in t977 pursuant tc Eli,- provisions of federal rules -t d regulation and companion state laws, C'.hapter 339.175, l . . (3) {a) provides that the vrtill? membership of a 1?tt'op alitari Planning Orpanir-ttion shall cl,nsist of not f6ver than 5 or ri rc than 19 apportioacd lneinbers, thte e taxi numN2r tt b,2 &IC' rninecl on a equitable a t_s3:ttl hie-l t p?rlatir?rr ratio basis by the Govc-unor, based on an a`-rc-'mcnt unong tl1e: A'J'-:ctcd unity of er er'l1-purpose local government as required by f-edcrai roles and regulations. 'Fic Governor in accordance with 23 U.S.C. s.134, may provide for MPO r11cllthers who rl°presont municipalities to alternate with representatives from other rt7tu icip tltti s r,.ithin the nlctru; [,litan planning area that do not have members on the M110, With -.1omc t,Lccptions,. Counl,; C omnii`sion nrembers shall comprise not less than one-third of Lhc 111'0 n embcrS1Wp. 17111-tllcr, t_;Iiaptter 339.175, F.S. (3)(b) provides that in metropolitan areas In .thich aullioril.i(2s tar c)tllar a`?cncic., have beers created by law to perform tT,rnspttrtatiurl functions ltiLl airs: 1)?,i-furrning fun tions thtt art, not urid r the Jurisdiction of a c;cncrr_l-purpose local govc•rrinaent represenfecl on the MPO, they shall be '?rovidcd voting; mernbet-hip on the MPO. In Pinellas Cotrnty, that would include the Pitiell,ts ',unc+)ast Transit ALIthority (PSTA). Coutit;' uornniisslulm-, tihall comprise not less thmi percclit of the MPO rrienibership if an official of an ag ncv tll ll operates or adr imi stci's a major mode of transportation has I)ccri appointed to the N lPO. Bx?Lll, e the PS'FA has anelrl6ership on the MPO, the County CrmnllsrioTi representation is reduced to less than one third, as allowed by law. All voting mernbers shah be elected of-licials of general purpose local government. Subsection -174175(4) F.S. provides that the Crovernet-', with the agreement of the iii ct c{ rraits of C ICr.II-I urpo e local govemnl cnl :is required l-,y federal Mules and regulation,;. apportion the r1 cmbershW on the applicable "IVleEropolitan Planning Clrganization (vIPO) among the various govca iiinemtal entities within the area, Cain-cndy, the MPO is ccI_Ipriscd of II members as ,Iiowti in attaLlirrlent A and Fi,,.==itre 1, r°?pretiel3tang tai rntlilr;'ll? !1 ?'7 ?eti11l1eIltti. 01C C.17itif'y' ilnirlil: Sgt i1 'lid FIS I A. 0t1e mtmtL'll),.al it ttjnxent seat is share I l?_, thr-, (rit't:s (t.}I l:stnar, S,ti'?2ty H trl a!r. and f irlx?n SI?rIi7^.,;. On the c.lrrcnt I)oard, the Coulily t't,,ttltrir i.nt1 Iel n' t2tits tilt: i..tl`tiriL20LPOrUt'2(1 <tr_:l5 <t Well L1J 111,> 16 cities that 4[o not have seats c)n the l)oard. The District Secretary for the I lc)ri 1 ! I)cpartznent of Tr"?IMTt)rtatlt n is an ex-oftlcD2 Ili_tri voting member. The MPO props es to reapportion its boars_I riiciiil-lorship to add ? additional seats to be s}lc?recl arnong the 1 chic- ors a rotating basis, Ten of'the citi(:, l'?lle,tii Uc tc.li. l'Ielleair- Sl?t_,rz, Ilil.li ?n l?otl s Beach, hi,dian Shores- Madeira Be lclt. North I L°Liill`Ff n ll'IcLtch. RcJ' tur: H ° tU1r, Retliticton Shores, St. Pete Beach, and "Lr4t3s,lr Island) arc I,ic<ilt--d ilorig the C,iuli }, i`11CS. li.a_s corninunities which have a conibinc l pt_ pulation oll 30.153 would share one scram. 'I`hc Item # 19 Attachment number 1 Page 4 of 6 r7tl ct .ltic -, (1 llc iit, Relleair• Bluffs, (.lulf'1 r•t, Kenneth City., eilliflcll aiiLi Soutll Pasadena) are inlancl cnnimrlnitic, with a con-ibinecl p,1pulatic,n of 47,654. Thosc cozrnrtl-Initicwill share the se :c n { . at I l,c: seats would be rotated \\ ilh terms of two yews. i'he MP O "votrld coordi. ate th n1ciabL? r clcction. The County Commission would represent the uninccrpt)ratctl ;trca popl_rlar_iun, 3s w -,H as the c-untywide 1?t?pul?atir,r . reap representing the propose; Inu??ib I.;l?i 7 is attached as Fi fire. 2. L-' 2c?tttse the entir,? County is urbanized, 1 i-tire 2 also repro-cnts tlic planning; arcs hourndary t,ilt,3 1n develop the reapportio- iirtent plan, the vll'o ,-rtili xetl 1009 poptll?ttlt?rj estirn;ttes li-carxr the l of F"lori€1a's Bur'atr 4 Economic <tt7.d EuSlncss R?2,?carclt (PE>RP)• Population figures ioi - thQ individual jurisdictt(n,i are shown below in Tahle 1. T,4, 1B f ellcall- 4 - 1,6f}7 kellcair Biuffs 2,196 J)'elleair Share 72 Clearwater 109,907 Dmi( in. 37,451 ( u11 pc r 12,659 Ind sal] I odes Beach 5,211 ln(11?ln ?-'ho es 1,787 KennLxih City . 4,481 - Lar-'c 74,805 L' l lrl' l l3Cac}1 4,427 North PZcdl'm-,ton 3each 1,517 Oldsmar 13,817 Park 48,939 Re 1ir?Lr _c11i Beach 1,597 Rediii,-,roji shores 2,. 04 ai`ti I gal fa€?r 17,708 St. Pctc• 11,'aeh 9,822 St, Petersburg 248,729 Senlint,lc . 18,888 u ?w ....? 5,285 1.Irp )r Springs 24,472 lr a> uc lsi r7?1 7,609 Linln?vtt,c,r steel ??tca '1w J IEo 30 Ho 271,478 p, .r u .,.,„...,,.___ .....,.,. 931 TI Y AttacfrcLl TO r'csoltrtions of iipport fron-i local govr°rrlrricnts ind the I'Pnt (f is ?TTrcilast Transit Authority supporting the Pc -a?1tt}rtionnent flan (t,k ltc t.l?lccl p z,aJM- ar;uon (IClocral ?r;LIL.rxcies). P ii .r,. loc-q ] 1 N': i -rrn'u,-r.hil, [ L[[?i?i'i. I1 IA [11 an 2010 Ck Item # 19 Attachment number 1 FIG-JRE 1 Page 5 of 6 Tai c S131-i) 'j fur, it'd lYer'itl .. f arsrorFUa, u EXIS r t7 r_zat7'',f7 'a?L'I f Gulf AND a of POPULATION i Y.tL L` ;ice -: CU FU F?, - ,? 3t.IZ c r"°r UCIST-I Rot, itlCl? 1"vI ,iiib or ,941 36,787 d arbor (?? 1 Rota Meaxlber 1 ?rVYr -r - F7,386 1 I?,rz -T )C-I- 10 1523 PD., l at?? eS' t 46,174 ? r i1g a1? J ?. ti raAc?". ,? q _t r t 70,777 i= ?N? I ? I Is # ? l r r ,j,'_ 51. Peter'sbuxg 2 members ?... `,' 0 sLP1t O1 4 1 i .n 7 w ..b The existing uei od)ership also in(Judes t `Iree represerztat!Ves Of the ? Plnellas ounty Board of County Co i'n7 ssiuner (BCC), Y 'ft and one from the PiP;,il s Sunco,,ist Transit Authorrlty The CC repres ci is Taincorporated Pinellas County and inur;ic??Atc.s ?thacx direct representation, The population ? ? ? ? P ? ? •f'f A eprese tod by the BCC is 367,776, Item # 19 Attachment number 1 Page 6 of 6 4 x All 4 .. o I OA? 5 `a EGG U.. - r Dee ,.7 I --, -,L ili CI r` 01-1..si1 ar, JGIfcty i-? guned z ;', `f t *4 1 tletating I icril per 55,997 i „s a 1 Cl wr?vatc gFl ! € I E 1"90 - 1 member 1 INrPMber 74,05 I ? 1 4 M1 I i I uL'r0 t ' Bt-Ile rr I O?lr pit' RlLdS I -jt L'I7iwtli City .Se. IAir CAC Belleair Beach Belleau Shure S7Ci ?-n ocb. ?j Beach tudi-alp ;Iiores Nl?id,ciya Beach c,lorth 1?,cdingion C3cuch 1-?edingfulI'?,-r1cI I `Leasure Islc,id I Rotating Mein.' t-r 36, A5 3 Q 0 J ? L? ?I ,I I Vic, UCC h s 3 rnernber? representtr the IlE]lf li'(1r 7f ? 1° t ;1"ea with `t p, 17' ilrnl on f5? '17' ,478 s ,(31lijI L clP(4?,r1 ?'• l T 1Hctte3+dn i. 1Y1 3<:r Aj'a-r'-?k 3 5 47,654 I 7 i I r St. Petersburg III Members , . 2.4€3,.729/.1 II'T ? TIf ! _? I.hFELhJy? CPtI."i? . ! M ? HU..LS6CtRS7lfGH CfAIl;J'r's' I Item # 19 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Discussion regarding regulation of amplified outdoor sound - Cretekos SUMMARY: Meeting Date: 12/2/20 10 Review Approval: 1) Clerk Cover Memo Item # 20 Attachment number 1 Page 1 of 1 From: Surette, Rob Sent: Monday, November 08, 2010 11:09 AM To: Hibbard, Frank; Doran, John; Cretekos, George; Gibson, Paul; Jonson, Bill Cc: Akin, Pam; Horne, William; Holloway, Anthony; Manni, Diane Subject: Outdoor Amplified Sound p J ffi C 9t' $ late - `. - I .. I L )rtion of w. 2 124 it 11 P-' F --t- ?. -J i not in e o? _, r --'ie hours of 1 7:C _ _)rnin I L _ day, inclu i` c r 11:59 p.m. 1 '_ -4 ^4 i$hin n rc? ic? n fnrrn (4 c r9 l - :A l r unds," Flo oz ?A I c - in r: >ee. Thu frorr Sect l Item # 20 Attachment number 2 Page 1 of 4 Westlaw, Page I 752 So.2d 124, 25 Fla. L. Weekly D617 (Cite as: 752 So.2d 124) District Court of Appeal of Florida, Second District. Arthur F. DALEY, Petitioner, V. CITY OF SARASOTA, Respondent. No. 2D99-2740. The mere existence of an alternative means of ex- pression, such as unamplified speech, will not by itself justify a restraint on the particular means that the speaker finds more effective. U.S.C. A. Const.Amend. 1. March 8, 2000. The owner of a business using live bands and recorded music brought action against city for declaratory judgment that noise ordinance was unconstitutional. The County Court, Sarasota County, invalidated the ordinance. City appealed. The Circuit Court, Bob McDonald, J., reversed. Owner petitioned for writ of certiorari. The District Court of Appeal held that or- dinance prohibiting all amplified sound emanating from incompletely enclosed structures violated the First Amendment. Writ issued; circuit court decision quashed. West Headnotes Constitutional Law 92 X1894 92 Constitutional Law 92XVIII Freedom of Speech, Expression, and Press 92XVIII(I? Entertainment 92k1893 Music 92k1894 k. In General. Most Cited Cases (Formerly 92k90.1(6)) Music and amplified music, as forms of expression and communication, are protected under the First Amendment. U.S.C.A. Const.Amend. 1. 121 Constitutional Law 92 X1840 92 Constitutional Law 92XVIII Freedom of Speech, Expression, and Press 92XVIII(Jl Noise and Sound Amplification 92k1840 k. In General. Most Cited Cases (Formerly 92k90(3)) 3 Constitutional Law 92 X1735 92 Constitutional Law 92XVIII Freedom of Speech, Expression, and Press 92XVIII(Gl Property and Events 92XVIII(G)2 Government Property and Events 92k1732 Public Forum in General 92k1735 k. Justification for Exclusion or Limitation. Most Cited Cases (Formerly 92k90.1(4), 92k90(3)) The government can constitutionally restrict expres- sion, even in a public place, if the limitations on the time, place, and manner of the protected speech are reasonable and the restrictions are justified without reference to the content of the regulated speech, are narrowly tailored to serve a significant governmental interest, and leave open ample alternative channels for communication of the information. U.S.C.A. Const. Amend. 1. IL Constitutional Law 92 01509 92 Constitutional Law 92XVIII Freedom of Speech, Expression, and Press 92XVIII(A) In General 92XVIII(A)1 In General 92k1508 Time, Place, or Manner Re- strictions 92k1509 k. In General. Most Cited Cases (Formerly 92k90.2) Constitutional Law 92 X1840 92 Constitutional Law 92XVIII Freedom of Speech, Expression, and Press 92XVIII(Jl Noise and Sound Amplification © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. Item # 20 Attachment number 2 Page 2 of 4 Page 2 752 So.2d 124, 25 Fla. L. Weekly D617 (Cite as: 752 So.2d 124) 92k1840 k. In General. Most Cited Cases (Formerly 92k90.2) Municipal Corporations 268 X596 268 Municipal Corporations 268X Police Power and Regulations 268X(A) Delegation, Extent, and Exercise of Power 268k596 k. Public Peace and Order. Most Cited Cases City noise ordinance that prohibited all amplified sound emanating from incompletely enclosed struc- tures within a commercial business-newtown (CBN) zone violated the First Amendment, even if the or- dinance were limited to commercial speech; the or- dinance applied during certain hours of each day, regardless of the volume of that sound and regardless of whether that sound could be heard outside of the structure. U.S.C.A. Const.Amend. 1. IL Constitutional Law 92 01840 92 Constitutional Law 92XVIII Freedom of Speech, Expression, and Press 92XVIII(Jl Noise and Sound Amplification 92k1840 k. In General. Most Cited Cases (Formerly 92k90.1(1)) Sarasota, for Respondent. PER CURIAM. Petitioner Arthur F. Daley ("Daley") seeks certiorari review of a decision of the circuit court, sitting in its appellate capacity, which reversed a county court order declaring unconstitutional as overly broad a portion of a noise ordinance enacted by the respon- dent, City of Sarasota (the "City"). We conclude that the circuit court departed from the essential require- ments of law in finding the challenged portion of the ordinance to be "narrowly tailored to achieve the legitimate interest in regulating unreasonable sound" and in *125 concluding that Daley's challenges to the noise ordinance were not "real and substantial." We accordingly issue the writ and quash the order under review. The City enacted ordinance number 97-4019, which created, among other things, section 8-322.1(a) of the Sarasota Zoning Code. The portion of the ordinance challenged in this proceeding prohibits all amplified sound in nonenclosed structures in the area zoned Commercial Business-Newtown (CBN), during cer- tain hours of each day, regardless of the decibel level of the sound being produced and regardless of whether the sound is audible outside the structure. The chal- lenged portion of the ordinance provides: Municipal Corporations 268 X594(2) 268 Municipal Corporations 268X Police Power and Regulations 2682iA Delegation, Extent, and Exercise of Power 268k594 Ordinances and Regulations in General 268k594(2) k. Form and Sufficiency in General. Most Cited Cases The requirement of real and substantial overbreadth did not apply to First Amendment challenge to city ordinance that prohibited all amplified sound ema- nating from incompletely enclosed structures within a commercial business-newtown (CBN) zone; the or- dinance did not prohibit a core of easily identifiable and proscribable conduct. U.S.C.A. Const.Amend. 1. *124 Mark A. Gmwell, Sarasota, for Petitioner. Michael S. Perry of Taylor, Lawless and Singer, P.A., Amylirted sound yrohihited. Amplified sound not in a completely enclosed structure is prohibited between the hours of 10:00 p.m. and 7:00 a.m. the following morning on Sundav through Thursdav, inclusive, except the day prior to a holidav, or between the hours of 11:59 p.m. and 10:00 a.m. the following morning, on Friday, Saturdav, and the day prior to a holidav. This section shall not apply to structures or portions thereof used primarily for residential purposes. "Amplified sound" is defined as the "using or oper- ating for any purpose, or permitting the operation or use for any purpose, any amplification system or any amplified radio, phonograph, tape player, television set, musical instrument, drum or similar device which is amplified... .. Amplified" is defined as "to increase the strength, amount of or loudness of a device." The ordinance defines "completely enclosed building" instead of "completely enclosed structure" and re- quires all doors and windows of a business to remain © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. Item # 20 Attachment number 2 Page 3 of 4 Page 3 752 So.2d 124, 25 Fla. L. Weekly D617 (Cite as: 752 So.2d 124) closed, except for normal ingress and egress. A temporary exemption from the ordinance can be obtained by a person who secures a specially limited permit from the city manager for community events or programs, construction, and demolition. A fairly long list of permanent exemptions includes noise from fire or burglar alarms, emergency sirens, church bells, cellular telephones, automobile sound equipment, and motorboats, as well as noncommercial public speak- ing covered by a different section of the City Code. Daley owns a business within the district zoned CBN. He entertains his customers with both live band performances and recorded music. After receiving two citations for violating the amplified sound prohibition in the ordinance, Daley filed a motion in the countv court to declare the City's noise ordinance unconstitutional. After a hearing the fudge granted the motion, declaring the or- dinance unconstitutional as overlv broad and dis- missing the citations against Dalev. The Citv appealed to the circuit court, which found that the ordinance was "narrowlv tailored to achieve the legitimate interest in regulating un- reasonable sound" and reversed the countv court's order. The circuit court further described Dalev's challenges to the noise ordinance as "hvpothetical examples" and not "real and substantial over- breadth challenge[sl." Citing to Secretary of'State of Maryland. v. ,lose h H. Munson Co. Inc. 467 U.S. 947, 964, 104 S.Ct. 2839, 81 L.Ed.2d 786._(198 , )the circuit court found that any prosecution that might occur based on Daley's hypotheticals could be ana- lyzed either by a limiting construction or an "as ap- plied" constitutional standard. Our review of the or- dinance and the applicable cases convinces us that, in coming to these conclusions, the circuit judge de- parted from the essential requirements of law by ap- plying the incorrect law. See Haines City Community Dev. v. Hugs, 658 So.2d 523,.530. (Fla. 1995). 1 2 "Music, as a form of expression and com- munication, is protected under the First Amend- ment." Ward v. Rock Against Racism, 491 U. S. 781, 790_109 S.Ct. 2746 105 L.Ed.2d 661 (1989). This protection extends to amplified music. *126 The United States Supreme Court recognized in Saia v. New York 334 U.S. 558 68 S.Ct. 1148 92 L.Ed. 1574 1948 , that the use of sound amplification equip- ment within reasonable limits is an aspect of free speech protected by the First Amendment. Fur- thermore, the mere existence of an alternative means of expression, such as unamplified speech, will not by itself justify a restraint on the particular means that the speaker finds more effective. See Reeves v. McConn 631 F.2d 377, 382 (5th Cir.1980). [3] By enacting this ordinance, the City has sought to regulate protected free speech in a public forum. The government can constitutionally restrict such expres- sion even in a public place, if the limitations on the time, place, and manner of the protected speech are reasonable. The restrictions must be "justified without reference to the content of the regulated speech, ... [be] narrowly tailored to serve a significant governmental interest, and ... leave open ample alternative channels for communication of the information." Ward, 491 U.S. at 791_109S.0.2746 (quoting Clark v. Com- munit or Creative Non-Violence 468 U.S. 288, 104 S.Ct. 3065, 82 L.Ed.2d 221..(198 ). 4 The circuit court in this case found that the Citv had a legitimate interest in regulating "unreason- able" sound and its ordinance was "narrowlv tai- lored" to achieve that interest. The Citv's ordin- ance, however, is not limited to prohibiting "un- reasonable" sound. Instead, it prohibits all ampli- fied sound emanating from incompletely enclosed structures within the district zoned CBN, during certain hours of each dav, regardless of the volume of that sound and regardless of whether that sound can be heard outside of the structure.' FNL We point out that in the absence of any objective criteria, such as decibel limitation, unamplified sound greater in volume than amplified sound is permissible under the or- dinance. The goal of regulating unreasonable sound is un- questionably a matter within the City's province. However, that goal, no matter how laudable, can- not be achieved by the overbroad regulation of activities protected by the First Amendment. As currentlv written, the Citv's ordinance can be used to suppress First Amendment rights far more se- verely than can be justified by the Citv's interest in regulating unreasonable sound. See Saia, 334 U.S. at 562, 68 S.Ct. 1148 C.C.B. v. State, 458 So.2d 47, 49 (Fla. lst DCA 1984). © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. Item # 20 Attachment number 2 Page 4 of 4 Page 4 752 So.2d 124, 25 Fla. L. Weekly D617 (Cite as: 752 So.2d 124) 11 The requirement of real and substantial over- breadth applies primarily "where conduct and not merely speech is involved." Broadrick v. Oklahoma 413 U.S. 601, 615, 93 S.Ct. 2908, 37 L.Ed.2d 830 t1973 1. Here, of course, the City's noise ordinance is concerned primarily with regulating forms of speech and not conduct. Moreover, the "real and substantial" requirement is appropriate "in cases where, despite some possibly impermissible application, the `re- mainder of the statute ... covers a whole range of easily identifiable and constitutionally proscribable ... con- duct.' " Munson 467 U.S. at 964 104 S.Ct. 2839 (quoting United States Civil Serv. Comm'n v. National Assn o Letter Carriers 413 U.S. 548 580-81 93 S.Ct. 2880, 37 L.Ed.2d 796 (19731). That is not the case here. The challenged portion of the City's noise ordinance does not contain a core of easily identifiable and proscribable conduct that it prohibits. Instead, it indiscriminately bans all amplified sound that does not emanate from a completely enclosed structure, during certain hours of each day, regardless of its volume. regardless of its volume. The City may regulate amplified sound subject to strict guidelines and defi- nite standards closely related to permissible govern- mental interests. Although the drafting of such an ordinance is a task for the City and not for this court, see C.C.B. 458 So.2d at 50, we note that any such regulation must be sufficiently definitive as to secure against arbitrary enforcement. See Easv Wav of Lee County Inc. v. Lee Count 674 So.2d 863 866 Fla. 2d DCA 1996). We accordingly issue the writ and strike the chal- lenged portion of City ordinance 97-4019. The order of the circuit court is quashed. CAMPBELL, A.C.J., and CASANUEVA and DA- VIS, JJ., Concur. F1a.App. 2 Dist.,2000. Daley v. City of Sarasota 752 So.2d 124, 25 Fla. L. Weekly D617 END OF DOCUMENT The City's ordinance is flawed not simply because it sanctions some constitutionally-protected con- duct, but because it is founded upon the mistaken premise that all amplified sound in nonenclosed structures is unreasonable during certain hours of the day and can be prohibited regardless*127 of the First Amendment rights it suppresses. It is therefore subiect to facial attack. See Munson, 467 U.S. at 964, 104 S.Ct. 2839. The City asserts that a limiting construction can be placed on the ordinance's application to avoid a find- ing of overbreadth if it is restricted to the prohibition of amplified commercial speech only. Imposing such a limitation, however, would not cure the constitutional infirmity. A blanket ban on all amplified commercial speech not emanating from within an enclosed struc- ture during certain hours of each day, regardless of its volume, would still extend too far. See Beckwith v. De artment o t' Bus. & Pro l Regulation, Bd. o Hearin Aid S eciah is, 667 So.2d 450, 451 (Fla. lst DCA 1996). Citv ordinance number 97-4019 is unconstitutional because it curbs First Amendment rights in a manner more intrusive than necessarv. The Citv cannot absolutelv ban all amplified sound in non- enclosed structures for certain hours each day © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. Item # 20 Attachment number 3 Page 1 of 3 Section 3-1508. Noise. A. Prohibited generally. It shall be unlawful for any person to willfully make, continue or cause to be made or continued any loud and raucous noise that can be heard upon the public streets, sidewalks, or rights-of-way, in any public park, in any school or public building, in any church or hospital, or in any dwelling and that can be heard at a distance of 100 feet or more from the source of the noise, measured in a straight line from the radio, loudspeaker, motor, horn, or other noise source. The term "loud and raucous noise" shall mean any sound which because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the city. The term includes, but is not limited to, the kinds of loud and raucous noise generated by the activities enumerated in subsection B when the loud and raucous noise can be heard at a distance of 100 feet or more from the source of the noise, measured in a straight line from the radio, loudspeaker, motor, horn, or other noise source, but not including activities enumerated in subsection D of this section. B. The following noises, as limited by Section 3-1508A, are declared to be public nuisances in violation of this section: 1. Engine exhaust. The discharge into the open air of the exhaust of any steam engine or stationary internal combustion engine except through a muffler or other device that will effectively prevent loud and raucous noises therefrom. 2. Pile drivers, etc. The operation between the hours of 6:00 p.m. and 7:00 a.m. on any day or at any time on Sunday, of any pile driver, steam shovel, pneumatic hammer, derrick, dredge, steam or electric hoist or other heavy equipment so as to create a loud and raucous noise. 3. Blowers, etc. The operation of any blower or power fan or any internal combustion engine, unless the noise from such blower, fan or engine is equipped with a muffler device sufficient to prevent loud and raucous noise. 4. Horns, signaling devices, etc. The repeated sounding of any horn, whistle or other audible signaling device so as to create a loud and raucous noise. 5. Radios, amplifiers, phonographs, etc. The using, operating or permitting to be played, used or operated any radio, amplifier, musical instrument, phonograph or other device for the producing or reproducing of sound such that speech or music emitted by the device is identifiable in terms of words or melody so as to create a loud and raucous noise. 6. Sound trucks. No amplifier or loudspeaker in, upon or attached to a truck or other device for amplifying sound shall be operated or permitted to operate within the city such that speech or music emitted by the device is identifiable in terms of words or melody so as to create a loud and raucous noise. 7. Yelling, shouting, etc. Yelling, shouting, whistling or singing at any time or place so as to create a loud and raucous noise between the hours of 10:00 p.m. and 7:00 a.m. on any day. 8. Animals, birds, etc. The keeping of any animal or bird which habitually makes a loud and raucous noise. 9. Defect in vehicle or load. The use of any motor vehicle so out of repair, so loaded or in such manner as to create loud grating, grinding, rattling or other noise or disturbance which is not equipped with a muffler so as to prevent a loud and raucous noise. Item # 20 Attachment number 3 Page 2 of 3 10. Construction or repairing of buildings. The erection including excavation, demolition, alteration or repair of any building so as to create a loud and raucous noise other than between the hours of 7:00 a.m. and 6:00 p.m. on any day or at any time on Sunday, except in case of urgent necessity in the interest of public health and safety and then only with a permit from the building official, which permit may be granted for a period not to exceed three working days or less while the emergency continues and which permit may be renewed for successive periods of three days or less while the emergency continues. If the building official should determine that the public health and safety necessitates the issuance of such a permit and will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. or on Sunday, the building official may grant permission for such work to be done within such hours or within a shorter time period during such hours, upon application being made at the time the permit for the work is issued or during the progress of the work. 11. Commercial deliveries on property adjacent to residential property. Deliveries of goods and materials to commercial property adjacent to residentially zoned property other than between the hours of 7:00 a.m. and 9:00 p.m. so as to create a loud and raucous noise. 12. Property maintenance equipment. The use of property maintenance equipment on any property adjacent to residentially zoned property other than between the hours of 7:00 a.m. and 9:00 p.m. so as to create a loud and raucous noise. 13. Noises heard within schools, public buildings, churches, hospitals. The creation of any loud and raucous noise which when heard in a school, public building, church or hospital, or the grounds thereof, interferes with the workings of such institution, or which disturbs or annoys patients in the hospital. 14. Noises to attract attention. The use of any drum or other instrument or device to attract attention that creates a loud and raucous noise. C. Persons responsible. Any person, owner, agent or supervisor in charge of operating, ordering, directing or allowing the operation or maintenance of a device, a machine, or any other noise source creating noise as prohibited in this section shall be subject to enforcement of the provision of this section as long as the person, owner, agent, or supervisor had knowledge or reason to know that the activity was occurring, failed to intervene in an attempt to prevent the activity from occurring, and had the power or authority to prevent the activity from occurring. D. Exceptions. The term "loud and raucous noise" does not include noise or sound generated by the following: 1. Cries for emergency assistance and warning calls; 2. Radios, sirens, horns and bells on police, fire and other emergency response vehicles; 3. Parades, fireworks displays, outdoor music performances and other special events for which a permit has been obtained from the city, within such hours as may be imposed as a condition for the issuance of the permit; 4. Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, provided that such activities have been authorized by the owner of such property or facilities or its agent; Item # 20 Attachment number 3 Page 3 of 3 5. Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm; 6. Religious worship activities occurring on or in the premises owned or leased by places of worship that are lawfully located in the Commercial, Downtown, Office, or Institutional Districts, including but not limited to bells and organs; 7. Locomotives and other railroad equipment, and aircraft. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 7099-03, § 1, 4-3-03; Ord. No. 7449-05, § 25, 12-15-05) Item # 20 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Transportation Strategy - Jonson SUMMARY: Meeting Date: 12/2/20 10 Review Approval: 1) Clerk Cover Memo Item # 21