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05/16/2011 WORK SESSION AGENDA Council Chambers - City Hall 5/16/2011 - 9:00 AM 1. Presentations 1.1Service Awards Attachments 2. Financial Services 2.1Amend Appendix A, Schedule of Fees, Rates and Charges, Section XXV, Public Works Fees, Rates and Charges (3)(c ) Solid Waste collection rates; (3)(d) Recycling Rates; and (5)(b) Solid waste Roll-Off Container or Waste Receptacle Service, to decrease specific collection fees for Solid Waste and Recycling for Fiscal Year 2012, to increase specific collection fees for Recycling for fiscal years 2013 through 2016, and pass Ordinance 8264-11 on first reading. Attachments 2.2Authorize decreasing the monthly reclaimed water availability fee from $19.58 to $11.18 and increasing the reclaimed water usage fee per 1,000 gallons from $0.62 to $0.93 effective October 1, 2011; increasing domestic, lawn water, and wastewater collection utility rates by 4.5% effective October 1, 2011; and increasing domestic, lawn water, wastewater collection and reclaimed water utility rates by 4.5% effective every October 1 in 2012 through 2015 and pass Ordinance 8266-11 on first reading. Attachments 3. Gas System 3.1Approve a First Agreement to Amend Meter and Regulator Station Easement (Amendment) with Florida Gas Transmission, LLC (FGT), a Delaware limited liability company as recorded in Official Records Book 8042, Pages 86 and 87 in the Public Records of Pinellas County, Florida; grant and convey to FGT that certain 10-foot by 49-foot easement as legally described in Exhibit B of the Amendment, and authorize appropriate officials to execute same. (consent) Attachments 3.2Approve the Third Amended and Restated Interlocal Agreement of Florida Gas Utility, authorize the appropriate officials to execute same and adopt Resolution 11-13. Attachments 3.3Approve a Utility Work By Highway Contractor Agreement with the State of Florida’s Department of Transportation to install natural gas mains during improvement project, FPN: 409155-1-56-01/Pinellas County, SR688 (Ulmerton Rd) from West of By-Pass Canal to East of Wild Acres Rd, at an estimated cost of $260,440.50, adopt Resolution 11-14, and authorize the appropriate officials to execute same. Attachments 4. Marine and Aviation 4.1Approve Lease (520010893) with the Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State of Florida for use of sovereign submerged lands beneath Pier 60 through April 1, 2016, authorize the appropriate officials to execute same and Adopt Resolution 11-04. Attachments 5. Parks and Recreation 5.1Approve an agreement between the City of Clearwater (City) and the Early Learning Coalition of Pinellas County (Agency) to provide summer camp subsidies for children ages five to eleven years old from June 13, 2011 through August 19, 2011 and authorize the appropriate officials to execute same. (consent) Attachments 5.2Award a contract (Purchase Order) to Certus Builders of Tampa, Florida, Bid 07-0035-PR-D, for the sum of $526,363.20 (including Alternates 2 and 3 and 10% contingency), for the construction of a multipurpose building including restrooms, storage, concessions and office/meeting room, at the Joe DiMaggio Sports Complex; to be funded from CIP 315-93622, Joe DiMaggio Restroom/Storage Building and authorize the appropriate officials to execute same. (consent) Attachments 5.3Ratify and confirm the City Manager’s approval to increase Purchase Order ST107086 with Wannemacher Jensen Architects, Inc from $95,243 to $112,193 for additional work needed to complete the design for the North Greenwood Recreation Aquatics Center and Library Renovations. (consent) Attachments 6. Police 6.1Amend an existing Interlocal Agreement between the Community Redevelopment Agency (CRA) and the City of Clearwater authorizing two full-time equivalent positions to provide Community Police Officers for the East Gateway area of the CRA and authorize the appropriate officials to execute same. (consent) Attachments 7. Engineering 7.1Award a contract (purchase order) to Gregory Electric Co. Inc., Florida, to construct a reclaimed water system in Clearwater Harbor and decommission Lift Station 21 in the amount of $1,882,577.11, which is the lowest responsible bid received in accordance with plans and specifications; approve a work order to Engineer of Record, McKim and Creed Engineering Associates, Inc. in the amount of $123,470.00 to provide Construction, Engineering and Inspection (CEI) services and authorize the appropriate officials to execute same. (consent) Attachments 7.2Grant and convey to Florida Power Corporation, doing business as Progress Energy Florida, Inc., a Florida corporation (Grantee) two 10-foot wide Distribution Easements in Sections 29 and 32 respectively, Township 28 South, Range 16 East, as more particularly described in the respective exhibits, in consideration of the mutual benefits, covenants and conditions contained therein and authorize appropriate officials to execute same. (consent) Attachments 8. Planning 8.1Approve the Annexation, Land Use Plan Amendment from Residential Urban (RU) and Water/Drainage Feature (County) to Institutional (I) and Water/Drainage Feature, and Zoning Atlas Amendment from Agricultural Estate Residential District (A-E) (County) to Institutional (I) for one parcel of land located generally on the south side of Nursery Road and 495 feet west of South Haven Drive; and pass Ordinances 8251-11, 8252-11, and 8253-11 on first reading.(ANX2011-02001, LUP2011-02003 and REZ2011-02003) Attachments 8.2Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG), Residential Urban (RU) and Commercial General (CG) classifications to the Residential/Office/Retail (R/O/R) Classification and a Zoning Atlas Amendment from the Office (O) and Low Medium Density Residential (LMDR) districts to the Commercial (C) District, and a Development Agreement between Cay 1475, LLC (the property owner) and the City of Clearwater for property located at 1475 Sunset Point Road (unplatted land in NW ¼ of SW ¼ of Section 2, Township 29 South, Range 15 East, and part of Lot 9 Brentwood Estates) ; do not pass Ordinances 8254-11 and 8255-11 on first reading and do not adopt Resolution 11- 09. (LUP2011-01001, REZ2011-01001 and DVA2011-01001) Attachments 8.3Approve amendments to the Clearwater Comprehensive Plan addressing minor editorial changes within the Conservation and Capital Improvements Elements, and pass Ordinance 8256-11 on first reading. (CPA2011-03001) Attachments 9. Legal 9.1Adopt Ordinance 8258-11 on second reading, amending Section 4.23, Code of Ordinances, to extend the operating hours of the Airpark from 7:00 am to 11:00 pm. Attachments 9.2Adopt Ordinance 8259-11 on second reading, vacating a non-exclusive easement for sidewalk, drainage, utilities, and for the parking of motor vehicles located on the Clearwater Marine Aquarium property, 249 Windward Passage, subject to conditions. Attachments 10. City Manager Verbal Reports 10.1City Manager Verbal Reports Attachments 11. Council Discussion Items 11.1Clearwater Beach Association Request for Protective Measures for Sand Dunes and Vegetation Growth Attachments 11.2Homelessness - Councilmember Jonson Attachments 11.3Provide direction regarding allowing contractors who provide landscape services to senior citizens to leave debris disposal for the city to collect. (WSO) Attachments 12. Closing Comments by Mayor 13. Adjourn 14. Presentation(s) for Council Meeting 14.1National Safe Boating Week Proclamation Attachments 14.2Administer Oath of Office to Fire Chief Weiss Attachments 14.3St. Petersburg College Learn to Earn Program - Stan Vittetoe - Provost, SPC Clearwater Campus Attachments 14.4Step Up Florida Attachments 14.5Youth Sportsmanship Award Winners Attachments Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Jamaar Jackson Solid Waste/General Services John Fahey Planning & Development Arthur Sarrach Solid Waste/General Services Kent Watts Fire Brody Burke Public Utilities Daniel Crider Parks & Recreation 10 Years of Service Gregory Newland Fire Anthony Tedesco Fire Jennifer Terrell Fire Kristin Hoekstra Fire Arnold Retzer Public Services Brandon Kinnecom Solid Waste/General Services Rodney Byrd Solid Waste/General Services Jeffrey Nolan Information Technology 15 Years of Service Shawn Stafford Public Communications Debra Reid Parks & Recreation Holly Albright Finance Stephen Miller Gas Mark Plyler Gas Larry Williams Fire Marvin Pettingill Fire Kevin Cobb Solid Waste/General Services Kevin O'Connor Fire 20 Years of Service John Horning Police Angela Aldrich Information Technology Wanda Johnson Police 25 Years of Service Douglas Pulver Solid Waste/General Services Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Amend Appendix A, Schedule of Fees, Rates and Charges, Section XXV, Public Works Fees, Rates and Charges (3)(c ) Solid Waste collection rates; (3)(d) Recycling Rates; and (5)(b) Solid waste Roll-Off Container or Waste Receptacle Service, to decrease specific collection fees for Solid Waste and Recycling for Fiscal Year 2012, to increase specific collection fees for Recycling for fiscal years 2013 through 2016, and pass Ordinance 8264-11 on first reading. SUMMARY: In early 2007 Burton and Associates completed a solid waste and recycling utility rate study to cover five years of operation (fiscal years 2008 through 2012). At that time, the City Council approved five years of rate increases that included the following items scheduled to be effective October 1, 2011 for fiscal year 2012: For recycling - an 11% increase For residential and commercial solid waste - a 5% increase For solid waste roll-off services - 4.5% increase With the assistance of the Finance Department, the decision was made to conduct the next rate study one year early because of the capital requirements to retrofit the Solid Waste Transfer Station and concerns about revenue sufficiency in Recycling. That rate study covering a period of five years (fiscal years 2012 through 2016) has now been completed. Burton and Associates recommends the following: For recycling: Reduce the scheduled 11% increase to 3.5% for fiscal year 2012 Schedule rate increases of 3.5% for fiscal years 2013 through 2016 Increase reserves for Operating and Maintenance from three months to six months due to the uncertainty of the sale of recyclables revenue (approximately 40% of total revenue) For solid waste: Eliminate the scheduled 5% increase for fiscal year 2012 for residential and commercial Eliminate the scheduled 4.5% increase for fiscal year 2012 for roll-off No rate increases for fiscal year 2013 through 2016 Increase reserves for Operating and Maintenance from three months to six months allowing the department to absorb the expense of debris cleanup in the aftermath of a non-FEMA reimbursable event Pay for the proposed solid waste transfer station out of cash (NOTE: This is a planned project for the future that will require Council approval to proceed.) The utility rate increase for recycling is necessary to provide the funding to meet operating and maintenance requirements and to maintain the current level of service. This rate increase amounts to approximately eight cents Cover Memo ($0.08) on the monthly bill. The major factors contributing to the increased expenses are escalating fuel and energy costs, fleet equipment and associated costs, and pension funding requirements. For the solid waste utility, no increase is necessary. While solid waste has been experiencing the same increased expenses as recycling, savings on disposal costs have been achieved due to reductions in tonnage caused by the downturn in the economy and more prudent (and less expensive) disposal methods. The monthly impacts to the average residential customer with twice-a-week garbage collection, a yard waste, trash, and recycling collection once a week and oversized items on call are reflected in the following table: Appendix A of the Code of Ordinances currently contains a listing of various residential, commercial and roll-off collection fees for Solid Waste and Recycling. Staff is recommending that the Appendix A of the Code of Ordinances be amended to increase rates in accordance with the rate study prepared by Burton and Associates. Monthly Current 10/1/2011 10/1/2012 10/1/2013 10/1/2014 10/1/2015 Solid Waste $24.86 $24.86 $24.86 $24.86 $24.86 $24.86 Recycling $ 2.19 $ 2.27 $ 2.35 $ 2.43 $2 .52 $ 2.60 Total $27.05 $27.13 $27.21 $27.29 $27.38 $27.46 Review Approval: Cover Memo BURTON & ASSOCIATES 200 Business Park Circle, Suite 101 • St. Augustine, Florida 32095 • Phone (904) 247-0787 • Fax (904) 241-7708 E-mail: aburnham@burtonandassociates.com Draft Report April 26, 2011 City of Clearwater FY 2011 Solid Waste & Recycling Revenue Sufficiency Analysis Prepared by: Attachment number 1 Page 1 of 54 BURTON & ASSOCIATES 200 Business Park Circle, Suite 101 • St. Augustine, Florida 32095 • Phone (904) 247-0787 • Fax (904) 241-7708 E-mail: aburnham@burtonandassociates.com April 26, 2011 Mr. Earl Gloster Director Solid Waste & General Services City of Clearwater 1701 N. Hercules Ave. Clearwater, Florida 33765 Re: FY 2011 Solid Waste & Recycling Revenue Sufficiency Analysis – Draft Report Dear Mr. Gloster: Burton & Associates is pleased to present this Draft Report of the FY 2011 Revenue Sufficiency Analysis that we have performed for the City’s Solid Waste (Fund 424) and Recycling (Fund 426) Utility Enterprise Funds. We appreciate the fine assistance provided by you, your staff and all of the members of City staff who participated in the analysis. If you have any questions, please do not hesitate to call me at (904) 247-0787. Very truly yours, Andrew J. Burnham Senior Vice President Attachment number 1 Page 2 of 54 FY 2011 SOLID WASTE & RECYCLING FY 2011 SOLID WASTE & RECYCLING FY 2011 SOLID WASTE & RECYCLING FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISREVENUE SUFFICIENCY ANALYSISREVENUE SUFFICIENCY ANALYSISREVENUE SUFFICIENCY ANALYSIS TABLE OF CONTENTS BURTON & ASSOCIATES City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt Table of Contents SECTION 1. INTRODUCTION ........................................................................................................... 1 1.1 BACKGROUND ................................................................................................................................... 1 1.2 OBJECTIVE ........................................................................................................................................ 1 1.3 STUDY PROCEDURES ......................................................................................................................... 2 SECTION 2. SOLID WASTE FUND RSA ........................................................................................... 4 2.1 ASSUMPTIONS ................................................................................................................................... 4 2.2 RESULTS ........................................................................................................................................... 6 2.3 CONCLUSIONS ................................................................................................................................... 7 2.4 RECOMMENDATIONS ......................................................................................................................... 8 SECTION 3. RECYCLING FUND RSA .............................................................................................. 9 3.1 ASSUMPTIONS ................................................................................................................................... 9 3.2 RESULTS ..........................................................................................................................................12 3.3 CONCLUSIONS ..................................................................................................................................12 3.4 RECOMMENDATIONS ........................................................................................................................13 APPENDIX A – SOLID WASTE FUND ...................................................................................................14 APPENDIX B – RECYCLING FUND ......................................................................................................36 Attachment number 1 Page 3 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISANALYSISANALYSISANALYSIS INTRODUCTION BURTON & ASSOCIATES 1 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt SECTION 1. INTRODUCTION This Report presents the results of a Solid Waste & Recycling Revenue Sufficiency Analysis (RSA) that Burton & Associates conducted for the City of Clearwater’s Solid Waste Utility System (Utility). The Utility is comprised of two enterprise funds, the Solid Waste (Solid Waste Fund) and Recycling (Recycling Fund) Enterprise Funds. 1.1 BACKGROUND The City last completed a rate study for the Utility in FY 2006. Per that study, the City adopted multi-year plans of solid waste & recycling rate adjustments necessary to generate sufficient revenues to satisfy the projected requirements of the Utility through FY 2012. As the Utility is nearing the implementation of the final approved solid waste and recycling rate adjustments for FY 2012, the City requested that Burton & Associates assist in the development of updated financial management plans for each of the enterprise funds of the Utility. 1.2 OBJECTIVE The objective of this RSA was to evaluate the sufficiency of the Utility’s FY 2012 approved solid waste and recycling rate increases1 and to develop an alternative plan of near-term and future increases that would provide adequate revenue to fund the respective Solid Waste and Recycling Fund cost requirements over a multi-year projection period. 1 The approved FY 2012 solid waste and recycling rate increases are 5.0% and 11.0% respectively. Attachment number 1 Page 4 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISANALYSISANALYSISANALYSIS INTRODUCTION BURTON & ASSOCIATES 2 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt 1.3 STUDY PROCEDURES During the conduct of this RSA, we developed separate financial management plans for the Solid Waste and Recycling Enterprise Funds of the Utility by examining the impact of key parameters (such as increases to certain expenditure components, alternative funding sources for certain capital projects, reserve targets, etc.) upon important financial indicators by use of graphical representations projected on a large viewing screen from our computer rate models. In this way, we evaluated the adequacy of the Utility’s current approved solid waste and recycling rate increases to provide sufficient revenues to fund the Utility’s cost requirements in FY 2012 and identified alternative plans of equal annual solid waste and recycling increases over the entire projection period that would meet the financial requirements, goals, and objectives of each enterprise fund of the Utility. In order to initiate the RSA, we obtained the Utility’s historical and budgeted financial information regarding the operation of the Solid Waste and Recycling Enterprise Funds. We also obtained the Utility’s multi-year capital improvement program (CIP) and counseled with City staff regarding other assumptions and policies that would affect the Utility such as required levels of reserves, interest earnings rates, escalation rates for operating costs, etc. All of this information was entered into two separate versions of our Financial Analysis and Management System (FAMS) interactive model (one for each enterprise fund). The FAMS model produces a multi-year projection of the sufficiency of each enterprise fund’s revenues to meet all of its current and projected financial requirements and determines the level of rate revenue increases necessary in each year to provide sufficient revenues to fund all of the enterprise fund’s requirements. FAMS also utilizes all available and unrestricted funds in each year of the projection period to pay for capital projects, in accordance with the cash application rules in the model as defined with City staff. This produces a detailed summary of the funding sources to be used for each project in the CIP. Attachment number 1 Page 5 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISANALYSISANALYSISANALYSIS INTRODUCTION BURTON & ASSOCIATES 3 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt To the extent that current revenues and unrestricted reserves are not adequate to fund all capital projects in any year of the projection period, the FAMS model identifies a borrowing requirement to fund those projects or portions thereof that are determined to be eligible for borrowing. In this way, the FAMS model is used to develop a borrowing program that includes the required borrowing amount by year and the resultant annual debt service obligations for each year in the projection period. Attachment number 1 Page 6 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS SOLID WASTE FUND BURTON & ASSOCIATES 4 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt SECTION 2. SOLID WASTE FUND RSA This section presents the results of the analysis and the financial management plan developed during the conduct of this RSA for the Solid Waste Enterprise Fund. The first sub-section presents a description of the base data, assumptions, and policies of the RSA. The second sub-section provides the results of the RSA, while Appendix A includes detailed financial analysis schedules supporting the financial management plan identified herein for the Solid Waste Enterprise Fund of the Utility. 2.1 ASSUMPTIONS During the conduct of the RSA, we communicated with City staff regarding various data and assumptions used in the development of the financial management plan presented herein. The base data, assumptions, and policies included in the RSA are as follows: Beginning Fund Balances - The Solid Waste Fund RSA was performed using both historical and projected information. The FY 2010 CAFR and supporting detail provided by City staff identifying individual account balances as of September 30, 2010 were used to establish the beginning FY 2011 balances for each of the various funds for this system. Base Revenues - The revenues utilized in the RSA are based upon actual results for FY 2010, and the FY 2011 Budget. Revenues consist of retail rate revenue, interest income, and other minor revenue from miscellaneous service charges. Residential, commercial, and roll-off rate revenues are based on FY 2010 actual results adjusted to reflect adopted rate increases and assumed customer growth. All other non-rate revenues were based upon the FY 2011 Budget and escalated annually based upon discussions with City staff, excluding interest earnings (which were calculated annually based upon projected average fund balances and assumed interest rates). Base Operating Expenditures - The FY 2011 revenue requirements are based upon the FY 2011 Budget and include all operating and maintenance (O&M) expenses, debt service requirements, inter-fund transfers, and minor capital outlay. After FY 2011, Attachment number 1 Page 7 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS SOLID WASTE FUND BURTON & ASSOCIATES 5 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt expenditures were projected based upon assumed cost escalation factors for individual expense categories and assumed execution levels (O&M expenses were assumed to be executed at 96% of projected amounts based upon a historical spending analysis). Payment in Lieu of Taxes Calculation - The annual calculation of the payment in lieu of taxes transfer is based upon 5.50% of the prior year’s total operating revenues in each year of the projection period. Cost Escalation – Annual cost escalation factors for the various types of operating and maintenance expenses were provided by City staff and applied in each year of the projection period beginning in FY 2012. The specific factors can be seen on Schedule 1A included in Appendix A of this report. Borrowing Assumptions – To the extent new debt would be required in any year of the projection period, the FAMS model calculates debt service based on the following terms: Table 1. Borrowing Assumptions Long-Term Financing Interim Financing Short Term Financing Term: 30 Years 20 Years 5 Years Interest Rate: 5.00% 2.00% 2.00% Debt Service Reserve: 1 Yr. of Debt Service N/A N/A Price Elasticity – A price elasticity adjustment was incorporated into the analysis for roll- off service revenue to reflect that as rates increase, roll-off services will likely decline given the competitive market for such service. The price elasticity adjustment reduces roll-off revenues by the product of the annual rate increase and the annual assumed elasticity coefficient. In each year of the projection period, the price elasticity coefficient is 0.10, which means that for every 10% increase in price, the RSA reflects a 1% reduction in roll-off service revenues. Growth – Based upon discussions with City staff, no residential or roll-off customer growth was assumed during the projection period. However, given the recent decline in the number of commercial customers due to the current economic conditions, a modest Attachment number 1 Page 8 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS SOLID WASTE FUND BURTON & ASSOCIATES 6 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt amount of commercial account growth (10 new accounts per year) is assumed in the analysis beginning in FY 2014. Minimum Working Capital – As a policy, the City currently targets a minimum Working Capital Reserve for all its enterprise funds equal to three months of operating expenses. However, due to the nature of Solid Waste Services, retaining a higher Working Capital Reserve was discussed with City Staff. Events such as a hurricane typically cause a significant amount of near-term expenditures associated with debris removal outside of normal annual expenditure levels. As a result, solid waste utility systems typically maintain a higher amount of reserves than other enterprise funds to be able to pay for these expenses. As such, the financial management plan developed for the Solid Waste Fund reflects a minimum Working Capital Reserve fund balance in an amount equal to 6- months of O&M expenses. Minimum Capital Reserves - The financial management plan in this report assumes that the Solid Waste Fund will maintain a minimum Capital Reserve fund balance equal to approximately 1 year of average capital improvement plan expenses, or $650,000. Capital Improvement Program – The capital improvement program was provided by City staff through FY 2021 and includes an estimated $15 million for the capital cost requirements associated with a new transfer station. It is important to note that a 3.04% per year compounded construction cost inflation factor (based upon the 5-year average annual increase in the Engineering News-Record Construction Cost Index) was applied to the CIP (excluding the transfer station costs) starting in FY 2013 to account for construction cost inflation in the future. The CIP utilized in this analysis is described in more detail on Schedule 3 of Appendix A. It is also important to note that no borrowing is required to fund the Solid Waste Enterprise Fund CIP during the projection period. 2.2 RESULTS The results of this analysis determined a comprehensive financial management plan and plan of annual rate adjustments that would ensure adequate revenues to fund current projections of the Solid Waste Enterprise Fund’s future cost requirements. The Attachment number 1 Page 9 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS SOLID WASTE FUND BURTON & ASSOCIATES 7 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt recommended plan is based upon the revenue and expense information, beginning balances, assumptions, and plan of finance as described in this section. Since the previous rate study, The Solid Waste Fund has seen reserves grow beyond projections primarily due to cost savings from Pinellas County dump fees. The fees were projected to increase at a rate of 3.0% - 3.5% annually, when the actual costs have gone down since FY 2006 due to a reduction in tonnage and the absence of rate increases. The dump fees represent approximately 30% of the Solid Waste Fund’s annual operating costs; therefore the significant cost savings has resulted in unrestricted reserves greater than anticipated. As a result, the Solid Waste Enterprise Fund has sufficient reserves to fully fund its capital improvement program (including a new transfer station), and maintain a higher level of liquidity to address high expenditure requirements in times of natural disasters. Moreover, the reduced expenses have improved the annual cash flow for the Solid Waste Fund such that the previously approved rate adjustment for FY 2012 is not required. In fact, based upon the RSA presented herein, the Solid Waste Fund does not require a rate increase until FY 2021. Appendix A includes several detailed schedules presenting key aspects of the financial management plan for the Solid Waste Fund, while the corresponding annual rate adjustment plan is presented in the table below: Table 2. Recommended Plan of Solid Waste Rate Revenue Increases FY 12 FY 13 FY 14 FY 15 FY 16 Effective Date 10/1/10 10/1/11 10/1/12 10/1/13 10/1/14 Solid Waste Rate Revenue Increases 0.00 % 0.00% 0.00% 0.00% 0.00% FY 17 FY 18 FY 19 FY 20 FY 21 Effective Date 10/1/10 10/1/11 10/1/12 10/1/13 10/1/14 Solid Waste Rate Revenue Increases 0.00% 0.00% 0.00% 0.00% 6.87% 2.3 CONCLUSIONS We have reached the following conclusions regarding the sufficiency of the current solid waste rates over the projection period: Attachment number 1 Page 10 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS SOLID WASTE FUND BURTON & ASSOCIATES 8 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt • Based upon the assumptions and base data described herein, current Solid Waste rates will generate sufficient revenue to satisfy annual operating expenses, capital expenditures, and working capital reserve targets through FY 2020. • The Solid Waste Fund has sufficient resources to fully fund its capital improvement program (including a new transfer station) while maintaining an adequate level of reserves for working capital for a solid waste utility system. 2.4 RECOMMENDATIONS Based upon the analysis presented herein and the conclusions presented in the prior subsection, we recommend the following: • The City should repeal the approved 5% rate increase for FY 2012. • The City should update this analysis periodically to ensure that the revenue provided by its current rates will continue to meet its ongoing financial requirements. Doing so will allow for the incorporation of updated revenue and expense information and changes in economic conditions into the financial management plan for the Solid Waste Fund so that appropriate adjustments can be made as necessary to meet its requirements during the projection period and minimize rate impacts to customers from future events which occur differently than currently projected. Attachment number 1 Page 11 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS RECYCLING FUND BURTON & ASSOCIATES 9 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt SECTION 3. RECYCLING FUND RSA This section presents the results of the analysis and the financial management plan developed during the conduct of this RSA for the Recycling Enterprise Fund. The first sub-section presents a description of the base data, assumptions, and policies of the RSA. The second sub-section provides the results of the RSA, while Appendix B includes detailed financial analysis schedules supporting the financial management plan identified herein for the Recycling Enterprise Fund of the Utility. 3.1 ASSUMPTIONS During the conduct of the RSA, we communicated with City staff regarding various data and assumptions used in the development of the financial management plan presented herein. The base data, assumptions, and policies included in the RSA are as follows: Beginning Fund Balances - The Recycling Fund RSA was performed using both historical and projected information. The FY 2010 CAFR and supporting detail provided by City staff identifying individual account balances as of September 30, 2010 were used to establish the beginning FY 2011 balances for each of the various funds for this system. Base Revenues - The revenues utilized in the RSA are based upon actual results for FY 2010, and the FY 2011 Budget. Revenues consist of retail rate revenue, interest income, revenue from the sale of recyclable material, and other minor revenue from miscellaneous service charges. Residential, multi-family, and commercial rate revenues are based on FY 2010 actual results adjusted to reflect adopted rate increases and assumed customer growth. All other non-rate revenues (excluding revenue from the sale of recyclable material) were based upon the FY 2011 Budget and escalated annually based upon discussions with City staff. Interest earnings were calculated annually based upon projected average fund balances and assumed interest rates. Annual projections of revenue from the sale of recyclable materials (starting in FY 2012) are based upon the FY 2011 Budget amounts and are assumed to remain constant Attachment number 1 Page 12 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS RECYCLING FUND BURTON & ASSOCIATES 10 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt throughout the projection period. It is important to note that these revenues are substantial and have a high degree of uncertainty due to the potential variability in the recycling market (ranging from $700,000 to $2,000,000 annually over the past four years). To the extent that the actual revenues collected from the sale of recyclable materials differ from current projections, it could have a material effect on the financial results for this enterprise fund as presented in this report. Base Operating Expenditures - The FY 2011 revenue requirements are based upon the FY 2011 Budget and include all operating and maintenance (O&M) expenses, debt service requirements, inter-fund transfers, and minor capital outlay. After FY 2011, expenditures were projected based upon assumed cost escalation factors for individual expense categories and assumed execution levels (O&M expenses were assumed to be executed at 98.5% of projected amounts based upon a historical spending analysis). Annual Transfer to the Solid Waste Fund - On an annual basis, the Recycling Fund transfers monies to the Solid Waste Fund for the cost of administrative services/provided by the Solid Waste Fund that benefit the Recycling Fund. Based upon a detailed cost of service analysis, it was determined that the annual transfer should be reduced from $256,000 in FY 2011 to approximately $229,000 in FY 2012, escalating each year thereafter based upon annual increases in cost for the Administration Department of the Solid Waste Fund. Payment in Lieu of Taxes Calculation - The annual calculation of the payment in lieu of taxes transfer is based upon 5.50% of the prior year’s total operating revenues in each year of the projection period. Cost Escalation – Annual cost escalation factors for the various types of operating and maintenance expenses were provided by City staff and applied in each year of the projection period beginning in FY 2012. The specific factors can be seen on Schedule 1A included in Appendix B of this report. Borrowing Assumptions – To the extent new debt would be required in any year of the projection period, the FAMS model calculates debt service based on the following terms: Attachment number 1 Page 13 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS RECYCLING FUND BURTON & ASSOCIATES 11 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt Table 1. Borrowing Assumptions Long-Term Financing Interim Financing Short Term Financing Term: 30 Years 20 Years 5 Years Interest Rate: 5.00% 2.00% 2.00% Debt Service Reserve: 1 Yr. of Debt Service N/A N/A Growth – Based upon discussions with City staff, no residential or multi-family customer growth was assumed during the projection period. However, given the recent decline in the number of commercial customers due to the current economic conditions, a modest amount of commercial account growth (5 new accounts per year) is assumed in the analysis beginning in FY 2014. Minimum Working Capital – As a policy, the City currently targets a minimum Working Capital Reserve for all its enterprise funds equal to three months of operating expenses. However, given the volatility of 40% of the Recycling Fund’s revenue stream (i.e. the revenue from the sale of recyclable material), a higher Working Capital Reserve was discussed with City Staff. As such, the financial management plan developed for the Recycling Fund reflects a minimum Working Capital Reserve fund balance in an amount equal to 6-months of O&M expenses. Minimum Capital Reserves - The financial management plan in this report assumes that the Recycling Fund will maintain a minimum Capital Reserve fund balance equal to approximately 1 year of average capital improvement plan expenses, or $300,000. Capital Improvement Program – The capital improvement program was provided by City staff through FY 2021. It is important to note that a 3.04% per year compounded construction cost inflation factor (based upon the 5-year average annual increase in the Engineering News-Record Construction Cost Index) was applied to the CIP starting in FY 2013 to account for construction cost inflation in the future. The CIP utilized in this analysis is described in more detail on Schedule 3 of Appendix B. Attachment number 1 Page 14 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS RECYCLING FUND BURTON & ASSOCIATES 12 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt 3.2 RESULTS The City’s Recycling Fund has observed higher reserves than previously projected due to higher than forecast revenue from the sale of recyclable material in FY 2007 and FY 2008. As such, the financial management plan developed in this RSA reflects smaller, inflationary-like rate adjustments instead of the 11.00% annual increases identified in the prior rate study. The financial management plan identified herein balances two objectives during the projection period: 1) gradually increases revenues so that they become sufficient to meet annual expenditure requirements by the end of the projection period, and 2) utilizing excess reserves down to the Working Capital Reserve target. Appendix B includes several detailed schedules presenting key aspects of the financial management plan, while the required rate adjustment plan is presented in the table below: Table 4. Recommended Plan of Recycling Rate Revenue Increases FY 12 FY 13 FY 14 FY 15 FY 16 Effective Date 10/1/10 10/1/11 10/1/12 10/1/13 10/1/14 Recycling Rate Revenue Increases 3.50 % 3.50 % 3.50 % 3.50 % 3.50 % FY 17 FY 18 FY 19 FY 20 FY 21 Effective Date 10/1/10 10/1/11 10/1/12 10/1/13 10/1/14 Recycling Rate Revenue Increases 3.50 % 3.50 % 3.50 % 3.50 % 3.50 % 3.3 CONCLUSIONS We have reached the following conclusions regarding the sufficiency of the current recycling rates over the projection period: • Based upon the assumptions and base data described herein, the current recycling rates will not generate sufficient revenue to satisfy the Recycling Fund’s annual operating expenses, capital expenditures, and targeted working capital reserve targets through FY 2021. • Based upon the analysis presented herein, annual inflationary-like rate revenue increases of 3.50% starting in FY 2012 will provide sufficient revenue to meet the current projection of the future cost requirements during the projection period. Attachment number 1 Page 15 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS RECYCLING FUND BURTON & ASSOCIATES 13 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt 3.4 RECOMMENDATIONS Based upon the analysis presented herein and the conclusions presented in the prior subsection, we recommend the following: • The City should repeal the approved 11.00% recycling rate increase for FY 2012 and adopt 3.50% annual recycling rate adjustments from FY 2012 – FY 2016. • The City should update this analysis periodically to ensure that the revenue provided by its current rates will continue to meet its ongoing financial requirements. Doing so will allow for the incorporation of updated revenue and expense information and changes in economic conditions into the financial management plan for the Recycling Fund so that appropriate adjustments can be made as necessary to meet its requirements during the projection period and minimize rate impacts to customers from future events which occur differently than currently projected. Attachment number 1 Page 16 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS APPENDIX A – SOLID WASTE FUND BURTON & ASSOCIATES 14 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt Appendix A – Solid Waste Fund Supporting Schedules for the Revenue Sufficiency Analysis Schedules 1 through 5 present detailed schedules of the inputs and assumptions utilized in the RSA Schedules 1A & 1B: contain the assumptions of the analysis Schedule 2: contains the end of FY 2010 fund balances that serve as the FY 2011 beginning balances of the analysis Schedule 3: provides a listing of the CIP that was utilized in this analysis Schedule 4: contains a detailed list of all projected cash inflows from FY 2011 through FY 2021 Schedule 5: contains a detailed list of all projected cash outflows from FY 2011 through FY 2021 Schedules 6 through 9 identify the results of the financial management plan Schedule 6: contains the FAMS Control Panel that presents a summary of the financial management plan, including annual rate increases, debt service coverage ratios, total CIP spending levels, customer impacts, and fund balances Schedule 7: is the Pro Forma schedule that presents a projected income statement, debt service coverage analysis, and cash flow analysis Schedule 8: shows a summary of the funding sources utilized to pay for CIP Schedule 9: presents a fund-level cash flow reconciliation, providing the beginning balance in each year, the amount utilized for project funding or payment of debt service, interest calculations, and the end of year fund balance Attachment number 1 Page 17 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 1 - Assumptions APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 15 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 18 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 1 - Assumptions APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 16 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 19 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 2 – Beginning Balances APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 17 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 20 of 54 FY 2011 SOLID WASTE & RECYCLING FY 2011 SOLID WASTE & RECYCLING FY 2011 SOLID WASTE & RECYCLING FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISREVENUE SUFFICIENCY ANALYSISREVENUE SUFFICIENCY ANALYSISREVENUE SUFFICIENCY ANALYSIS Schedule 3 – Capital Improvement Plan APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 18 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 21 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 4 – Projection of Cash Inflows APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 19 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 22 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 6 – FAMS-XL Control Panel APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 20 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 23 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 6 – FAMS-XL Control Panel APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 21 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 24 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 6 – FAMS-XL Control Panel APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 22 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 25 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 6 – FAMS-XL Control Panel APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 23 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 26 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 6 – FAMS-XL Control Panel APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 24 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 27 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 6 – FAMS-XL Control Panel APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 25 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 28 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 6 – FAMS-XL Control Panel APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 26 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 29 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 6 – FAMS-XL Control Panel APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 27 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 30 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 6 – FAMS-XL Control Panel APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 28 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 31 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 6 – FAMS-XL Control Panel APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 29 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 32 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 6 – FAMS-XL Control Panel APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 30 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 33 of 54 FY 2011 SOLID WASTE & FY 2011 SOLID WASTE & FY 2011 SOLID WASTE & FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISRECYCLING REVENUE SUFFICIENCY ANALYSISRECYCLING REVENUE SUFFICIENCY ANALYSISRECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 7 – Forecast of Net Revenues and Debt Service Coverage APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 31 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 34 of 54 FY 2011 SOLID WASTE & FY 2011 SOLID WASTE & FY 2011 SOLID WASTE & FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISRECYCLING REVENUE SUFFICIENCY ANALYSISRECYCLING REVENUE SUFFICIENCY ANALYSISRECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 7 – Forecast of Net Revenues and Debt Service Coverage APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 32 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 35 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 8 – Capital Project Funding Summary APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 33 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 36 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 9 – Funding Summary by Fund APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 34 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 37 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 9 – Funding Summary by Fund APPENDIX A – SOLID WASTE FUND B URTON & ASSOCIATES 35 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ ▪ ▪ ▪ Assessments Assessments Assessments Assessments ▪ Financial Planning▪ Financial Planning▪ Financial Planning▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 38 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS APPENDIX B – RECYLING FUND BURTON & ASSOCIATES 36 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater UUUUttttiiiilllliiiittttyyyy RRRRaaaatttteeeessss ▪▪▪▪ AAAAsssssssseeeessssssssmmmmeeeennnnttttssss ▪▪▪▪ FFFFiiiinnnnaaaannnncccciiiiaaaallll PPPPllllaaaannnnnnnniiiinnnngggg DDDDrrrraaaafffftttt RRRReeeeppppoooorrrrtttt Appendix B – Recycling Fund Supporting Schedules for the Revenue Sufficiency Analysis Schedules 1 through 5 present detailed schedules of the inputs and assumptions utilized in the RSA Schedules 1A & 1B: contain the assumptions of the analysis Schedule 2: contains the end of FY 2010 fund balances that serve as the FY 2011 beginning balances of the analysis Schedule 3: provides a listing of the CIP that was utilized in this analysis Schedule 4: contains a detailed list of all projected cash inflows from FY 2011 through FY 2021 Schedule 5: contains a detailed list of all projected cash outflows from FY 2011 through FY 2021 Schedules 6 through 9 identify the results of the financial management plan Schedule 6: contains the FAMS Control Panel that presents a summary of the financial management plan, including annual rate increases, debt service coverage ratios, total CIP spending levels, customer impacts, and fund balances Schedule 7: is the Pro Forma schedule that presents a projected income statement, debt service coverage analysis, and cash flow analysis Schedule 8: shows a summary of the funding sources utilized to pay for CIP Schedule 9: presents a fund-level cash flow reconciliation, providing the beginning balance in each year, the amount utilized for project funding or payment of debt service, interest calculations, and the end of year fund balance Attachment number 1 Page 39 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 1 - Assumptions APPENDIX B – RECYLING FUND B URTON & ASSOCIATES 37 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Utility Utility Utility Rates Rates Rates Rates ▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 40 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 1 - Assumptions APPENDIX B – RECYLING FUND B URTON & ASSOCIATES 38 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Utility Utility Utility Rates Rates Rates Rates ▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 41 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 2 – Beginning Balances APPENDIX B – RECYLING FUND B URTON & ASSOCIATES 39 City of City of City of City of ClearwaterClearwaterClearwaterClearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 42 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 3 – Capital Improvement Program APPENDIX B – RECYLING FUND B URTON & ASSOCIATES 40 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 43 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 4 – Projection of Cash Inflows APPENDIX B – RECYLING FUND B URTON & ASSOCIATES 41 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 44 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 5 – Projection of Cash Outflows APPENDIX B – RECYLING FUND B URTON & ASSOCIATES 42 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 45 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 5 – Projection of Cash Outflows APPENDIX B – RECYLING FUND B URTON & ASSOCIATES 43 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 46 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 5 – Projection of Cash Outflows APPENDIX B – RECYLING FUND B URTON & ASSOCIATES 44 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 47 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 5 – Projection of Cash Outflows APPENDIX B – RECYLING FUND B URTON & ASSOCIATES 45 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 48 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 5 – Projection of Cash Outflows APPENDIX B – RECYLING FUND B URTON & ASSOCIATES 46 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 49 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE FY 2011 SOLID WASTE & RECYCLING REVENUE FY 2011 SOLID WASTE & RECYCLING REVENUE FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISSUFFICIENCY ANALYSISSUFFICIENCY ANALYSISSUFFICIENCY ANALYSIS Schedule 6 – FAMS-XL © Control Panel APPENDIX B – RECYLING FUND B URTON & ASSOCIATES 47 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 50 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 7 – Forecast of Net Revenues and Debt Service Coverage APPENDIX B – RECYLING FUND B URTON & ASSOCIATES 48 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 51 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 7 – Forecast of Net Revenues and Debt Service Coverage APPENDIX B – RECYLING FUND B URTON & ASSOCIATES 49 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 52 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISFY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSIS Schedule 8 – Capital Projects Funding Sources APPENDIX B – RECYLING FUND B URTON & ASSOCIATES 50 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 53 of 54 FY 2011 SOLID WASTE & RECYCLING REVENUE FY 2011 SOLID WASTE & RECYCLING REVENUE FY 2011 SOLID WASTE & RECYCLING REVENUE FY 2011 SOLID WASTE & RECYCLING REVENUE SUFFICIENCY ANALYSISSUFFICIENCY ANALYSISSUFFICIENCY ANALYSISSUFFICIENCY ANALYSIS Schedule 9 – Funding Summary by Fund APPENDIX B – RECYLING FUND B URTON & ASSOCIATES 51 City of ClearwaterCity of ClearwaterCity of ClearwaterCity of Clearwater Utility Rates Utility Rates Utility Rates Utility Rates ▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning▪ Assessments ▪ Financial Planning Draft ReportDraft ReportDraft ReportDraft Report Attachment number 1 Page 54 of 54 Ordinance No. 8264-11 ORDINANCE NO. 8264-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SCHEDULE FOR SOLID WASTE COLLECTION SERVICES; AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, ARTICLE XXV, PUBLIC WORKS—FEES, RATES AND CHARGES, SECTION (3)(c) SOLID WASTE COLLECTION RATES; (3)(d) RECYCLING; AND, SECTION (5)(b) SOLID WASTE ROLL-OFF CONTAINER OR WASTE RECEPTACLE SERVICE, CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the current solid waste collection fees, rates and service charges of the Solid Waste/General Services Department became effective at various times from October 1, 1994 to July 1, 2005; and WHEREAS, it is determined to be fair and reasonable to establish fees, rates and service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A, Article XXV, PUBLIC WORKS--FEES, RATES AND CHARGES, Section 3(c), Section 3(d) and Section 5(b), Clearwater Code of Ordinances, is hereby amended as follows: XXV. PUBLIC WORKS--FEES, RATES AND CHARGES (§ 32.068) * * * (3) Rates: * * * (c) Solid waste collection rates. 1. Monthly charges for twice weekly collection of solid waste in prescribed containers. a. Single-family and multiple-family dwellings. (i) Curbside pickup: One 90-gallon container will be provided for automated service for each living unit. Additional 90-gallon containers will be provided at the discretion of the director of solid waste/general services at the rate specified below. Where routes are automated, automated service shall be the only option. Attachment number 2 Page 1 of 17 Ordinance No. 8264-11 2 Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 Each living unit, minimum $24.86 21.48 $24.86 22.55 $24.86 23.68 $24.86 $24.86 $26.10 Each additional container 24.86 21.48 24.86 22.55 24.86 23.68 24.86 24.86 26.10 (ii) Side or rear building collection: Manual pickup has a limit of two containers per living unit, each having a capacity no larger than 32 gallons. For each additional 32- gallon or smaller container for rear yard pickup, the fee specified below will be charged for side or rear building collection of each 90-gallon container. Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 Each living unit $49.72 42.96 $49.72 45.10 $49.72 47.36 $49.72 $49.72 $52.20 Each additional container 17.36 14.99 17.36 15.74 17.36 16.53 17.36 17.36 18.23 (iii) Base charge: The base charge will be included in the monthly charge for active accounts as specified below. Dormant accounts will be assessed the base charge for each account. Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 Each account, minimum $8.28 $7.14 $8.28 $7.50 $8.28 $7.88 $8.28 $8.28 $8.70 b. Motels, apartment motels, or apartments renting by day or week; all containers serving the premises shall be centrally located at one collection point. (i) Curbside pickup: First living unit, minimum Attachment number 2 Page 2 of 17 Ordinance No. 8264-11 3 Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $24.86 $21.48 $24.86 $22.55 $24.86 $23.68 $24.86 $24.86 $26.10 All additional living units, per unit Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $13.03 $11.25 $13.03 $11.82 $13.03 $12.41 $13.03 $13.03 $13.68 (ii) Side or rear building collection: First living unit, minimum Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $49.72 $42.96 $49.72 $45.10 $49.72 $47.36 $49.72 $49.72 $52.20 All additional living units, per unit Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $24.86 $21.48 $24.86 $22.55 $24.86 $23.68 $24.86 $24.86 $26.10 c. Motels, apartment motels, or apartments renting by day or week with commercial containers. In accordance with the schedule in subsection (3)(c)2.a. of this section. d. Commercial buildings of all types such as stores, hotels, factories, filling stations, service establishments and the like with separate water metering for twice weekly collection. Attachment number 2 Page 3 of 17 Ordinance No. 8264-11 4 (i) Curbside pickup, minimum Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $24.86 $21.48 $24.86 $22.55 $24.86 $23.68 $24.86 $24.86 $26.10 (ii) Side or rear building collection: Two containers, minimum Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $49.72 $42.96 $49.72 $45.10 $49.72 $47.36 $49.72 $49.72 $52.20 Each additional container Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $17.36 $14.99 $17.36 $15.74 $17.36 $16.53 $17.36 $17.36 $18.23 (iii) Commercial containers: In accordance with the schedule in subparagraph (3)(c)2.c of this section. e. Each building containing four or more separate business or professional offices and one common water meter. (i) Curbside pickup: First eight containers Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $104.06 $89.88 $104.06 $94.38 $104.06 $99.10 $104.06 $104.06 $109.26 Attachment number 2 Page 4 of 17 Ordinance No. 8264-11 5 Each container in excess of eight Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $15.28 $13.19 $15.28 $13.85 $15.28 $14.55 $15.28 $15.28 $16.05 (ii) Side or rear building collections: First eight containers Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $208.12 $179.76 $208.12 $188.76 $208.12 $198.20 $208.12 $208.12 $218.52 Each container in excess of eight Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $30.51 $26.36 $30.51 $27.68 $30.51 $29.06 $30.51 $30.51 $32.04 (iii) Commercial containers: In accordance with the schedule in subparagraph (3)(c)2.c. of this section. 2. Monthly charges for daily commercial (except Saturday, Sunday and holidays) collection for solid waste in prescribed containers. a. Curbside pickup: (i) One container, minimum Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $65.05 $56.19 $65.05 $59.00 $65.05 $61.95 $65.05 $65.05 $68.30 Attachment number 2 Page 5 of 17 Ordinance No. 8264-11 6 (ii) Each additional container Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $65.05 $56.19 $65.05 $59.00 $65.05 $61.95 $65.05 $65.05 $68.30 b. Side or rear building collection: (i) One container, minimum Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $130.10 $112.38 $130.10 $118.00 $130.10 $123.90 $130.10 $130.10 $136.60 (ii) Each additional container Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $130.10 $112.38 $130.10 $118.00 $130.10 $123.90 $130.10 $130.10 $136.60 c. Commercial containers: (i) Uncompacted commercial: Effective 10/1/2011 through 09/30/16 10/1/2007 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $63.82 $67.02 $115.75 $121.54 $166.11 $174.42 $229.44 $240.92 $303.30 $318.47 $440.34 $462.36 $504.19 $529.40 2 115.82 121.62 211.56 222.14 307.31 322.68 423.13 444.29 563.27 591.44 828.56 869.99 944.37 991.59 3 149.81 157.31 273.73 287.42 397.64 417.53 547.53 574.91 728.84 765.29 1,072.16 1125.77 1,221.95 1283.05 Attachment number 2 Page 6 of 17 Ordinance No. 8264-11 7 4 179.95 188.95 331.98 348.58 484.05 508.26 668.03 701.44 890.56 935.09 1,311.87 1,377.47 1,491.82 1,566.42 5 180.25 189.27 360.43 378.46 540.65 567.69 758.64 796.58 1,022.41 1,073.54 1,521.73 1,597.82 1,701.94 1,787.04 6 243.36 255.53 451.71 474.30 660.09 693.10 912.16 957.77 1,326.69 1,393.03 1,794.48 1,884.21 2,037.84 2,139.74 8 307.25 322.62 572.00 600.60 836.77 878.61 1,157.06 1,214.92 1,544.57 1,621.80 1,857.75 1,950.64 2,154.14 2,261.85 Effective 10/1/2008 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $57.88 $104.98 $150.66 $208.10 $275.09 $399.40 $457.31 2 105.04 191.88 278.73 383.79 510.89 751.52 856.57 3 135.87 248.27 360.66 496.61 661.07 972.47 1,108.34 4 163.21 301.11 439.04 605.91 807.76 1,189.90 1,353.12 5 163.48 326.91 490.38 688.10 927.35 1,380.24 1,543.70 6 220.73 409.71 598.71 827.35 1,203.34 1,627.63 1,848.38 8 278.67 518.81 758.97 1,049.48 1,400.96 1,685.02 1,953.86 Effective 10/1/2009 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $60.78 $110.23 $158.20 $218.51 $288.85 $419.37 $480.18 2 110.30 201.48 292.67 402.98 536.44 789.10 899.40 3 142.67 260.69 378.70 521.45 694.13 1,021.10 1,163.76 4 171.38 316.17 461.00 636.21 848.15 1,249.40 1,420.78 5 171.66 343.26 514.90 722.51 973.72 1,449.26 1,620.89 Attachment number 2 Page 7 of 17 Ordinance No. 8264-11 8 6 231.77 430.20 628.65 868.72 1,263.51 1,709.02 1,940.80 8 292.61 544.76 796.92 1,101.96 1,471.01 1,769.28 2,051.56 Effective 10/1/2010 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $63.82 $115.75 $166.11 $229.44 $303.30 $440.34 $504.19 2 115.82 211.56 307.31 423.13 563.27 828.56 944.37 3 149.81 273.73 397.64 547.53 728.84 1,072.16 1,221.95 4 179.95 331.98 484.05 668.03 890.56 1,311.87 1,491.82 5 180.25 360.43 540.65 758.64 1,022.41 1,521.73 1,701.94 6 243.36 451.71 660.09 912.16 1,326.69 1,794.48 2,037.84 8 307.25 572.00 836.77 1,157.06 1,544.57 1,857.75 2,154.14 Effective 10/1/2011 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $67.02 $121.54 $174.42 $240.92 $318.47 $462.36 $529.40 2 121.62 222.14 322.68 444.29 591.44 869.99 991.59 3 157.31 287.42 417.53 574.91 765.29 1,125.77 1,283.05 4 188.95 348.58 508.26 701.44 935.09 1,377.47 1,566.42 5 189.27 378.46 567.69 796.58 1,073.54 1,597.82 1,787.04 6 255.53 474.30 693.10 957.77 1,393.03 1,884.21 2,139.74 8 322.62 600.60 878.61 1,214.92 1,621.80 1,950.64 2,261.85 (i) No new one-yard commercial containers shall be provided after January 3, 1991. Attachment number 2 Page 8 of 17 Ordinance No. 8264-11 9 EXTRA DUMP CHARGES (Collection charge for picking up an uncompacted container over the stated times per week, per collection.) Size (cubic yard) 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/1/2014 10/1/2010 10/1/2015 10/1/2011 1 $14.73 $12.72 $14.73 $13.36 $14.73 $14.03 $14.73 $14.73 $15.47 2 26.72 23.09 26.72 24.24 26.72 25.45 26.72 26.72 28.06 3 34.57 29.86 34.57 31.35 34.57 32.92 34.57 34.57 36.30 4 41.52 35.87 41.52 37.66 41.52 39.54 41.52 41.52 43.60 5 41.60 35.93 41.60 37.73 41.60 39.62 41.60 41.60 43.68 6 56.16 48.51 56.16 50.94 56.16 53.49 56.16 56.16 58.97 8 70.91 61.25 70.91 64.31 70.91 67.53 70.91 70.91 74.46 (ii) Compacted commercial: Effective 10/1/2011 through 09/30/16 10/1/2007 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $135.54 $117.07 $271.06 $234.14 $406.55 $351.19 $570.53 $492.83 $768.89 $664.19 $1,144.37 $988.54 $2,124.68 $1,835.37 2 231.70 200.14 463.40 400.29 695.07 600.41 975.38 842.56 1,314.49 1,135.49 1,956.44 1,690.03 2,321.57 2,005.44 3 327.89 283.23 655.73 566.43 983.56 849.62 1,380.21 1,192.26 1,860.08 1,606.80 2,768.50 2,391.52 3,284.89 2,837.60 4 424.12 366.36 848.21 732.70 1,272.31 1,099.05 1,785.38 1,542.27 2,406.13 2,078.49 3,581.22 3,093.58 4,249.65 3,671.00 6 616.37 532.42 1,232.72 1,064.85 1,849.07 1,597.28 2,594.71 2,241.40 3,496.86 3,020.71 5,204.63 4,495.95 6,176.10 5,335.14 8 808.68 698.56 1,617.39 1,397.15 2,426.04 2,095.69 3,404.43 2,940.86 4,588.05 4,817.46 5,518.31 5,794.23 7,366.31 7,734.63 Attachment number 2 Page 9 of 17 Ordinance No. 8264-11 10 Effective 10/1/2008 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $122.93 $245.85 $368.75 $517.48 $697.40 $1,037.97 $1,927.14 2 $210.15 $420.31 $630.44 $884.69 $1,192.27 $1,774.54 $2,105.72 3 $297.40 $594.76 $892.11 $1,251.88 $1,687.14 $2,511.10 $2,979.48 4 $384.68 $769.34 $1,154.01 $1,619.39 $2,182.42 $3,248.26 $3,854.55 6 $559.05 $1,118.10 $1,677.15 $2,353.47 $3,171.75 $4,720.75 $5,601.90 8 $733.49 $1,467.01 $2,200.48 $3,087.91 $4,161.49 $5,005.26 $6,681.45 Effective 10/1/2009 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $129.08 $258.15 $387.19 $543.36 $732.27 $1,089.87 $2,023.50 2 220.66 441.33 661.97 928.93 1,251.89 1,863.27 2,211.01 3 312.27 624.50 936.72 1,314.48 1,771.50 2,636.66 3,128.46 4 403.92 807.81 1,211.72 1,700.36 2,291.55 3,410.68 4,047.28 6 587.01 1,174.01 1,761.01 2,471.15 3,330.34 4,956.79 5,882.00 8 770.17 1,540.37 2,310.51 3,242.31 4,369.57 5,255.53 7,015.53 Attachment number 2 Page 10 of 17 Ordinance No. 8264-11 11 Effective 10/1/2010 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $135.54 $271.06 $406.55 $570.53 $768.89 $1,144.37 $2,124.68 2 231.70 463.40 695.07 975.38 1,314.49 1,956.44 2,321.57 3 327.89 655.73 983.56 1,380.21 1,860.08 2,768.50 3,284.89 4 424.12 848.21 1,272.31 1,785.38 2,406.13 3,581.22 4,249.65 6 616.37 1,232.72 1,849.07 2,594.71 3,496.86 5,204.63 6,176.10 8 808.68 1,617.39 2,426.04 3,404.43 4,588.05 5,518.31 7,366.31 Effective 10/1/2011 Size Times per Week Pickup (cubic yard) 1 2 3 4 5 6 7 1 $142.32 $284.62 $426.88 $599.06 807.34 1,201.59 2,230.92 2 243.29 486.57 729.83 1,024.15 1,380.22 2,054.27 2,437.65 3 344.29 688.52 1,032.74 1,449.23 1,953.09 2,906.93 3,449.14 4 445.33 890.63 1,335.93 1,874.65 2,526.44 3,760.29 4,462.14 6 647.19 1,294.36 1,941.53 2,724.45 3,671.71 5,464.87 4,484.91 8 849.12 1,698.26 2,547.35 3,574.66 4,817.46 5,794.23 7,734.63 EXTRA DUMP CHARGES (Collection charge for picking up a compacted container over the stated times per week, per collection.) Size (cubic yard) 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/1/2014 10/1/2010 10/1/2015 10/1/2011 1 $31.28 $27.02 $31.28 $28.37 $31.28 $29.79 $31.28 $31.28 $32.85 2 53.48 46.19 53.48 48.50 53.48 50.93 53.48 53.48 56.15 3 75.66 65.36 75.66 68.63 75.66 72.06 75.66 75.66 79.44 4 99.07 85.58 99.07 89.86 99.07 94.35 99.07 99.07 104.02 6 142.57 123.15 142.57 129.31 142.57 135.78 142.57 142.57 149.70 8 186.62 161.21 186.62 169.27 186.62 177.73 186.62 186.62 195.95 Attachment number 2 Page 11 of 17 Ordinance No. 8264-11 12 3. The charge for the collection of loose trash or garbage shall be as specified below: Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 For time on the site, minimum 15 minutes plus cost of disposal (dump fees) $57.02 $49.25 $57.02 $51.71 $57.02 $54.30 $57.02 $57.02 $59.87 Each additional minute $3.79 $3.28 $3.79 $3.44 $3.79 $3.61 $3.79 $3.79 $3.98 4. The charges set forth above shall be subject to adjustment for increases or decreases in the dump fee. Uniform increases or decreases shall be recommended by the director of solid waste and approved by the city manager, and a copy of the adjusted charges shall be filed with the city clerk. Other increases or decreases shall be subject to approval by the adoption of an ordinance by the city commission, upon the recommendation of the city manager. (d) Recycling. 1. Recovered materials dealer annual application fee (effective 10/1/2007) $57.50 2. Curbside recycling: a. Monthly charges for curbside service for once-weekly collection for each unit: Fiscal Year Beginning October 1, 10/1/2011 2007 10/1/2012 2008 10/1/2013 2009 10/1/2014 2010 10/1/2015 2011 $2.27 $2.01 $2.35 $2.07 $2.43 $2.13 $2.52 $2.19 $2.60 $2.44 ** * 3. Monthly charges for multifamily collection of prescribed service initiated before January 1, 1996: a. Service with semi-automated carts: Attachment number 2 Page 12 of 17 Ordinance No. 8264-11 13 Fiscal Year Beginning October 1, 10/1/2011 2007 10/1/2012 2008 10/1/2013 2009 10/1/2014 2010 10/1/2015 2011 Cluster of 1, 2 or 3 Carts Time(s) per Week Pickup 1 $67.02 $59.25 $69.37 $61.03 $71.80 $62.86 $74.31 $64.75 $76.91 $71.87 2 x $121.00 $106.98 $125.24 $110.19 $129.62 $113.50 $134.16 $116.91 $138.86 $129.77 3 x $174.97 $154.71 $181.09 $159.35 $187.43 $164.13 $193.99 $169.05 $200.78 $187.65 Cluster of 4 or 5 Carts Time(s) per Week Pickup 1 $75.16 $66.46 $77.79 $68.45 $80.51 $70.50 $83.33 $72.62 $86.25 $80.61 2 x $137.29 $121.40 $142.10 $125.04 $147.07 $128.79 $152.22 $132.65 $157.55 $147.24 3 x $199.43 $176.34 $206.41 $181.63 $213.63 $187.08 $221.11 $192.69 $228.85 $213.89 Each Additional Cart over 5 Time(s) per Week Pickup 1 $8.75 $7.73 $9.06 $7.96 $9.38 $8.20 $9.71 $8.45 $10.05 $9.38 2 x $17.47 $15.45 $18.08 $15.91 $18.71 $16.39 $19.36 $16.88 $20.04 $18.74 3 x $26.23 $23.18 $27.15 $23.88 $28.10 $24.60 $29.08 $25.34 $30.10 $28.13 Attachment number 2 Page 13 of 17 Ordinance No. 8264-11 14 b. Service with non-compacted commercial container: Effective 10/01/2011 10/1/2007 Dumpster Size (cubic yard) 1 2 3 4 5 2 $51.27 $45.34 $93.68 $82.83 $138.40 $122.38 $187.38 $165.68 $249.42 $220.54 3 66.34 58.66 121.21 107.17 176.06 155.68 242.12 214.08 322.75 285.38 4 79.68 70.46 147.03 130.00 214.36 189.53 295.81 261.56 394.39 348.71 6 107.76 95.29 200.04 176.87 292.32 258.46 403.94 357.16 539.01 476.58 8 136.06 120.30 253.31 223.97 370.55 327.64 512.40 453.06 684.00 604.79 Effective 10/01/2012 10/1/2008 Times Per Week Pickup Dumpster Size (cubic yard) 1 2 3 4 5 2 $53.06 $46.70 $96.96 $85.31 $143.24 $126.05 $193.94 $170.65 $258.15 $227.16 3 68.66 60.42 125.45 110.39 182.22 160.35 250.59 220.50 334.05 293.94 4 82.47 72.57 152.18 133.90 221.86 195.22 306.16 269.41 408.19 359.17 6 111.53 98.15 207.04 182.18 302.55 266.21 418.08 367.87 557.88 490.88 8 140.82 123.91 262.18 230.69 383.52 337.47 530.33 466.65 707.94 622.93 Attachment number 2 Page 14 of 17 Ordinance No. 8264-11 15 Effective 10/1/2013 10/1/2009 Times Per Week Pickup Dumpster Size (cubic yard) 1 2 3 4 5 2 $54.92 $48.10 $100.35 $87.87 $148.25 $129.83 $200.73 $175.77 $267.19 $233.97 3 71.06 62.23 129.84 113.70 188.60 165.16 259.36 227.12 345.74 302.76 4 85.36 74.75 157.51 137.92 229.63 201.08 316.88 277.49 422.48 369.95 6 115.43 101.09 214.29 187.65 313.14 274.20 432.71 378.91 577.41 505.61 8 145.75 127.63 271.36 237.61 396.94 347.59 548.89 480.65 732.72 641.62 Effective 10/1/2014 10/1/2010 Times Per Week Pickup Dumpster Size (cubic yard) 1 2 3 4 5 2 $56.84 $49.54 $103.86 $90.51 $153.44 $133.72 $207.76 $181.04 $276.54 $240.99 3 73.55 64.10 134.38 117.11 195.20 170.11 268.44 233.93 357.84 311.84 4 88.35 76.99 163.02 142.06 237.67 207.11 327.97 285.81 437.27 381.05 6 119.47 104.12 221.79 193.28 324.10 282.43 447.85 390.28 597.62 520.78 8 150.85 131.46 260.86 244.74 410.83 358.02 568.10 495.07 758.37 660.87 Effective 10/1/2015 10/1/2011 Times Per Week Pickup Dumpster Size (cubic yard) 1 2 3 4 5 2 $58.83 $54.99 $107.50 $100.47 $158.81 $148.43 $215.03 $200.95 $286.22 $267.50 3 76.12 71.15 139.08 129.99 202.03 188.82 277.84 259.66 370.36 346.14 4 91.44 85.46 168.73 157.69 245.99 229.89 339.45 317.25 452.57 422.97 6 123.65 115.57 229.55 214.54 335.44 313.50 463.52 433.21 618.54 578.07 Attachment number 2 Page 15 of 17 Ordinance No. 8264-11 16 8 156.13 145.92 290.69 271.66 425.21 397.40 587.98 549.53 784.91 733.57 Multifamily complexes serviced with one compartmentalized container cluster of four equates to one three cubic-yard dumpster. 4. Monthly charges for once-weekly collection of recyclables at each multi-family complex offered after January 1, 1996, will be for each living unit: Effective 10/1/2011 10/1/2007 10/1/2012 10/1/2008 10/1/2013 10/1/2009 10/01/2014 10/1/2010 10/01/2015 10/1/2011 $1.70 $1.49 $1.76 $1.54 $1.82 $1.59 $1.88 $1.64 $1.95 $1.82 * * * (5) Other Miscellaneous Charges: * * * (b) Solid waste roll-off container service: *** 2. Pull charges. A pull being the hauling, dumping and returning of a container one round trip.: In the City of Clearwater Effective 10/01/11 through 09/30/16 10/1/2007: Compactors in service before 07/01/05 Other Roll-offs in service after 06/30/05 a. 10 or 20 yard, per pull. $106.53 $93.35 $117.73 $103.17 b. 30 yard, per pull. 112.14 98.27 123.33 108.08 c. 40 yard, per pull. 117.73 103.17 128.95 113.00 Outside the City Limits of Clearwater and within Pinellas County Effective 10/01/11 through 09/30/16 10/1/2007: Compactors in service before 07/01/05 Other Roll-offs in service after 06/30/05 d. 10 or 20 yard, per pull. $122.51 $107.35 $ 137.74 $120.70 e. 30 yard, per pull. 128.95 113.00 144.30 126.45 f. 40 yard, per pull. 135.40 118.65 150.86 132.19 service to customers. * * * Attachment number 2 Page 16 of 17 Ordinance No. 8264-11 17 Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 Page 17 of 17 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Authorize decreasing the monthly reclaimed water availability fee from $19.58 to $11.18 and increasing the reclaimed water usage fee per 1,000 gallons from $0.62 to $0.93 effective October 1, 2011; increasing domestic, lawn water, and wastewater collection utility rates by 4.5% effective October 1, 2011; and increasing domestic, lawn water, wastewater collection and reclaimed water utility rates by 4.5% effective every October 1 in 2012 through 2015 and pass Ordinance 8266-11 on first reading. SUMMARY: The utility rate increase is needed to provide funding to maintain compliance with debt service coverage requirements, supporting the continuation of capital improvement projects needed to sustain the City's utility infrastructure. Infrastructure improvements are needed to maintain compliance with federal, state and district regulations concerning water supply and treatment, the wastewater collection system, and water pollution control facilities; to maintain reliability of the water pollution control facilities due to age of the infrastructure; and to expand the reclaimed water system. Master Plans have been completed for all of the systems in Public Utilities and the capital improvements program has been revised to meet future infrastructure needs. The last rate change, Ordinance 7913-08, was approved on June 19, 2008 and provided for 7% increases effective October 1, 2008 and October 1, 2009 with subsequent 6% increases to be effective October 1, 2010, October 1, 2011, and October 1, 2012. Burton and Associates has completed a water, wastewater, and reclaimed water utility rate study to cover five years of operations. The current study covers the period Fiscal Year 2012 through Fiscal Year 2016 and recommends decreasing the previously approved 6% increases to be effective October 1, 2011 and October 1, 2012 to 4.5%, with subsequent 4.5% increases to be effective October 1, 2013, October 1, 2014, and October 1, 2015. The increases are applicable to domestic water, lawn water, wastewater and reclaimed water. The new reclaimed water rates are significantly lower than potable lawn meter rates. This should provide a financial incentive for customers to use reclaimed water for irrigation, create more satisfaction throughout reclaimed water neighborhoods, and encourage neighborhood-initiated projects and more infill participation. Increased utilization will result in less effluent disposal into the bay and provide for potential local aquifer recharge. The availability fee will be reduced in Fiscal Year 2012 from $19.58 to $11.18 per month and the usage rate will be raised from $.62 to $.93 per thousand gallons. These rate changes should have no impact on projected overall reclaimed water revenues. Anticipated usage of project funding with operating revenues and project restructuring to eliminate the need for a 2012 revenue bond issue is the primary driver for requesting the reduced rate increases for Fiscal Year 2012 and Fiscal Year 2013 and the 4.5% increase for the subsequent three fiscal years. Bond insurers and rating agencies prefer to have several years of approved rates providing the revenues to meet the utility’s operating and project needs as well as debt service requirements. Type:Other Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Cover Memo Not to Exceed:Total Cost: For Fiscal Year: to Review Approval:1) Clerk 2) Assistant City Manager 3) City Manager 4) Clerk Cover Memo Dra A aftR April2 Prepa Rep 5,201 aredby: ort 11 Attachment number 1 Page 1 of 50 Attachment number 1 Page 2 of 50 April Ms. T Publi City o 1650 Clear Re: Dear Burto Suffi Fund We a City memb comm If you Very Andr Senio 200 Business Pa l 25, 2011 Tracy Merce ic Utilities D of Clearwate N. Arturas A rwater, Flori FY 2011 W Ms. Mercer on & Assoc ciency Anal d. appreciate th staff who p bers of City ments, we wi u have any q truly yours, rew J. Burnh or Vice Presi ark Circle, Suite 1 er Director er Avenue ida 33765 Water & Sew r: iates is plea lysis that we he fine assist articipated i y staff for ill prepare an questions, pl , ham ident BURTON 01 x St. Augustin E-mail: aburnham wer Revenue ased to pres e have perfo tance provid in the analys review and nd distribute ease do not h N & ASSOCIAT ne, Florida 32095 x m@burtonandasso e Sufficienc sent this Dra rmed for the ded by you, sis. Please comment. e a final repo hesitate to c TES x Phone (904) 247 ociates.com y Analysis – aft Report o e City’s Wa your staff an distribute th Upon rece ort. all me at (90 -0787 x Fax (904) – Draft Repo of the FY 2 ater and Sew and all of the his report to eipt of all r 04) 247-0787 ) 241-7708 ort 011 Revenu wer Enterpris e members o the pertinen revisions an 7. ue se of nt nd Attachment number 1 Page 3 of 50 TABLE OF CONTENTS BURTON & ASSOCIATES i ɷ ɷ TABLEOFCONTENTS SECTION 1.INTRODUCTION ........................................................................................................... 1 1.1BACKGROUND ........................................................................................................................... 1 1.2OBJECTIVE ................................................................................................................................. 1 1.3STUDY PROCEDURES ................................................................................................................. 2 SECTION 2.ANALYSIS ....................................................................................................................... 4 2.1ASSUMPTIONS ............................................................................................................................ 4 2.2RESULTS .................................................................................................................................. 10 SECTION 3.RATE SURVEY ............................................................................................................. 12 3.1METHODOLOGY ....................................................................................................................... 12 3.2RESULTS .................................................................................................................................. 12 SECTION 4.CONCLUSIONS & RECOMMENDATIONS ............................................................ 15 4.1CONCLUSIONS .......................................................................................................................... 15 4.2RECOMMENDATIONS ................................................................................................................ 15 APPENDIX ................................................................................................................................................. 17 Attachment number 1 Page 4 of 50 INTRODUCTION BURTON & ASSOCIATES 1 ɷɷ SECTION 1. INTRODUCTION Burton & Associates has conducted a Revenue Sufficiency Analysis (RSA) for the City of Clearwater’s Water & Wastewater Enterprise Fund (Utility). The following sections of this report describe in detail the procedures, assumptions, results, and recommendations of the RSA. 1.1 BACKGROUND In recent years, many challenges have affected the financial performance of the Utility. Pinellas County, the City’s wholesale water provider, has continued to increase its wholesale rates. Aging infrastructure continues to drive the need for additional renewal and replacement projects within the Utility’s capital improvement plan. However, perhaps the greatest challenge facing the Utility is the reduction in revenues caused by continued reductions in customers and demands. The lagging economy has resulted in increased foreclosures and sustained demand reductions due to vacancies. Moreover, a combination of the current economic conditions and continued conservation awareness has caused many of the Utility’s customers to continue to reduce the quantity of water they are using. With these challenges and many others ahead, the City retained Burton & Associates to evaluate the adequacy of the revenue provided by its current rates to meet its financial requirements over a five-year planning period and ten-year projection period. In addition, the Utility requested Burton & Associates update a detailed water demand and customer account analysis performed in a prior RSA to continue to understand the trends and magnitude of these recent reductions and to develop updated customer and demand projections for use within this RSA. 1.2 OBJECTIVE The objective of this RSA was to evaluate the sufficiency of the Utility’s current plan of approved water and wastewater rate increases and to develop an alternative plan of near- Attachment number 1 Page 5 of 50 INTRODUCTION BURTON & ASSOCIATES 2 ɷɷ term and future increases that would provide adequate revenue to fund the Utility cost requirements over a multi-year projection period while recognizing the effects of recent and projected customer and demand reductions, increasing purchased water costs, and increasing renewal and replacement requirements. The current approved plan of annual water and wastewater rate increases is identified in the following table. It is important to note that the water rate increases are applied to irrigation rates as well as reclaimed water rates. Table1.CurrentlyApprovedRateAdjustmentPlan FY2012FY2013 Water*6.00%6.00% ReclaimedWater6.00%6.00% Wastewater6.00%6.00% *RateincreasesapplicabletoPotableandIrrigationrates. 1.3 STUDY PROCEDURES During the conduct of this RSA, we evaluated the Utility’s financial management plan by examining the impact of key parameters (such as reduced customers and demand, price elasticity, increasing reclaimed water usage, increasing purchased water costs, additional renewal and replacement and operating expenses, etc.) upon important financial indicators by use of graphical representations projected on a large viewing screen from our computer rate models. In this way, we evaluated the adequacy of the Utility’s current plan of annual rate increases to provide sufficient revenues to fund the Utility’s cost requirements through FY 2013 and identified an alternative plan of equal annual increases over the entire projection period that would meet the financial requirements, goals, and objectives of the Utility. In order to initiate the RSA, we obtained the Utility’s historical and budgeted financial information regarding the operation of the Water and Wastewater Enterprise Fund. We also obtained the Utility’s multi-year capital improvement program (CIP) and the Utility’s current debt obligations and the covenants, or promises made to bond holders or other lenders, relative to net income coverage requirements, reserves, etc. We also counseled with City staff regarding other assumptions and policies that would affect the Attachment number 1 Page 6 of 50 INTRODUCTION BURTON & ASSOCIATES 3 ɷɷ Water and Wastewater Enterprise Fund such as required levels of reserves, interest earnings rates, escalation rates for operating costs, increases to wholesale water costs, etc. All of this information was entered into our Financial Analysis and Management System (FAMS) interactive model. The FAMS model produces a multi-year projection of the sufficiency of the Utility’s revenues to meet all of its current and projected financial requirements and determines the level of rate revenue increases necessary in each year to provide sufficient revenues to fund all of the Utility’s requirements. FAMS also utilizes all available and unrestricted funds in each year of the projection period to pay for capital projects, in accordance with the cash application rules in the model as defined with City staff. This produces a detailed summary of the funding sources to be used for each project in the CIP. To the extent that current revenues and unrestricted reserves are not adequate to fund all capital projects in any year of the projection period, the FAMS model identifies a borrowing requirement to fund those projects or portions thereof that are determined to be eligible for borrowing. In this way, the FAMS model is used to develop a borrowing program that includes the required borrowing amount by year and the resultant annual debt service obligations of the Utility for each year in the projection period. Attachment number 1 Page 7 of 50 ANALYSIS BURTON & ASSOCIATES 4 ɷɷ SECTION 2. ANALYSIS This section presents the results of the analysis and the financial management plan developed during the conduct of this RSA. The first sub-section presents a description of the base data, assumptions, and policies of the RSA. The second sub-section provides the results of the RSA, while the Appendix includes detailed financial analysis schedules supporting the financial management plan identified herein. 2.1 ASSUMPTIONS During the conduct of the RSA, we communicated with City staff regarding various data and assumptions used in the development of the financial management plan presented herein. The base data, assumptions, and policies included in the RSA are as follows: Beginning Fund Balances – The Utility’s Comparative Balance Sheet and Restricted Asset Statement for September 30, 2010 provided the historical financial information used to establish the beginning FY 2011 balances for each of the various funds. It is important to note that funds reserved or encumbered for specific capital projects were included in the beginning fund balances available for capital projects in FY 2011 and the associated capital project costs were included in the CIP in FY 2011 through FY 20141. Base Revenues – The revenues utilized in the RSA reflect a combination of estimated FY 2011 results and FY 2011 Budget amounts. The estimated FY 2011 results include estimated customer and usage growth and the adopted 7% rate increase for FY 2011. 1 Based upon a historical capital spending analysis performed by City staff, $40 million of prior year carry- over projects in the FY 2011 CIP were spread over FY 2011 – FY 2014, with $14 million in FY 2011, $10 million in FY 2012, and $8 million in FY 2013 and FY 2014. Attachment number 1 Page 8 of 50 ANALYSIS BURTON & ASSOCIATES 5 ɷɷ Revenues consist of water (including irrigation) and wastewater rate revenues and all other categories of revenue. Table 2 below presents a comparison of the projected rate revenues from the FY 2010 RSA and the actual and estimated information utilized in the current FY 2011 RSA. As can be seen, the FY 2011 revenue estimate from this RSA is about $155,000 (.25%) higher than the projected amount from the FY 2010 RSA. Table2.Actual/EstimatedRevenuesvs.FY2010RSA Projections FY2010FY2011 Actual/EstimatedRateRevenue*$53,602,500$56,796,694 FY2010RSAProjectedRevenue*$53,571,410$56,641,803 Difference$31,090$154,891 *RateRevenueincludesWater,Irrigation,ReclaimedWater,andSewer Revenue. For each year after FY 2011, rate revenues in this RSA are adjusted based upon assumed rate increases, customer growth, and changes in demand. All other non-rate revenues were based upon the FY 2011 Budget and escalated annually based upon the escalation factors provided by City staff (excluding reclaimed water revenues, which were calculated annually based upon the number of connections, assumed usage, and rates in each fiscal year). Customer Growth – As stated previously, we performed a parallel analysis of the Utility’s historical account and demand data. Relative to accounts or customers, we specifically reviewed changes in the number of active accounts by month during the past 8 years. Based upon this review, we developed annual forecasts of active accounts for each service type that are reflected in this RSA that recognize 1) an extension of the current economic conditions in the near-term, and 2) a gradual return to historical number of active accounts over the next ten years. Schedule 2 of the Appendix includes detailed projections of active accounts for water, irrigation, sewer, and reclaimed water service. Forecast of Billed Demands – The analysis of historical billed demands was based upon a review of the Utility’s monthly billing consumption by service and customer class for the Attachment number 1 Page 9 of 50 ANALYSIS BURTON & ASSOCIATES 6 ɷɷ past 4 fiscal years. The results of this analysis concluded that a portion of the recent demand reductions have been caused by a reduction in the number of active accounts (average of 10 domestic water accounts lost per month during the past 12 months). However, the majority of the recent demand reductions is largely a result of declining average usage per account (see Table 3). From FY 2007 - FY 2011 it is estimated that the Utility will experience a 13.2% reduction in total billed potable water demand. Given the likelihood of an extended economic downturn, we anticipate that this trend will continue and estimate that average use per single-family residential account per month will decline to 4,070 gallons in FY 2012. Across all customer classes, we anticipate an additional 2.2% reduction to total billed potable water demand in FY 2012. Table3.ChangesinBilledPotableWaterDemandfromFY2008toFY2011 FY2007FY2008FY2009FY2010FY2011 (est.) TotalAnnualDemand(InThousand Gallons)*3,783,9833,645,9123,493,0283,370,4363,268,337 PercentageChange ANALYSIS BURTON & ASSOCIATES 7 ɷɷ projected rate increases to be larger. The customer and demand projections for lawn irrigation and reclaimed water service on Schedule 2 include the impact of the continued expansion of the reclaimed water system. Price Elasticity – This adjustment is incorporated into the FAMS model to reflect that as rates increase, discretionary water usage will likely decline. Therefore, in order to generate sufficient revenue, projected rate increases will have to be adjusted to reflect a smaller usage base to which they will be applied, thus causing the projected rate increases to be larger. The price elasticity adjustment reduces all usage revenues by the product of the annual rate increase and the annual assumed elasticity coefficient. In each year of the projection period the price elasticity coefficient is 0.30, meaning for every 10% increase in rates, there is a resulting 3% reduction in consumption. Interest Earnings – The projection of interest earnings on invested funds (including funds dedicated for CIP projects) was calculated in each year based upon a computation of average fund balances in each year of the analysis and assumed annual interest rates of 2.00% in FY 2011 and 2.50% per year in FY 2012 and each year thereafter for the remainder of the projection period. Base Operating Expenditures – To offset the impacts of the recent observed revenue reductions resulting from decreasing customers and demands, City staff has undertaken several cost containment/cutting initiatives. Table 4 presents a comparison of the projected operating expenditures (excluding purchased water costs) from the FY 2010 RSA and the estimated/projected information utilized in the current RSA. As can be seen, the Utility’s estimated operating expenditures for FY 2011 and proposed budgeted expenditures for FY 2012 are both lower than the projections of the FY 2010 RSA. Table4.Estimated/BudgetedExpendituresvs.FY2010RSAProjections FY2011FY2012 CurrentlyEstimated/BudgetedExpenditures*$28,149,315$30,307,492 FY2010RSAProjectedExpenditures*$29,288,629$30,960,881 Difference($1,139,314)($653,389) *Expendituresexcludepurchasedwatercosts,debtservice,PILOT,lease ANALYSIS BURTON & ASSOCIATES 8 ɷɷ The FY 2011 revenue requirements in this RSA are based principally upon the FY 2011 Budget, which reflects all operations and maintenance (O&M) expenses, other miscellaneous expenses, debt service requirements, and inter-fund transfers. Future O&M expense adjustments, not included in the FY 2011 Budget, were provided by staff. O&M Cost Additions – In addition to the base budgeted amounts of O&M expenses, incremental operating costs have been included in the RSA, mainly relating to additional water supply and treatment expenses associated with planned facility expansions. The complete list of all additional/incremental O&M costs not included in the Utility’s FY 2011 Budget that were included in the RSA are shown on Schedule 7. Cost Escalation – Annual cost escalators for the various types of O&M expenses were provided by City staff and applied in each year of the projection period beginning in FY 2012. A summary of the specific cost escalation factors are displayed in Schedule 1 of the Appendix. Payment in Lieu of Taxes – The annual calculation of the payment in lieu of taxes transfer is based upon 5.50% of the prior year’s total operating revenues in each year of the projection period. Total Demand and Purchased Water Expenses – The total forecasted demand that is purchased by the City is based upon the billed demand projections described previously and is assumed to be approximately 5.45 million gallons per day (MGD) in FY 2011. However, there are several projects in the CIP that seek to reduce the City’s reliance on Pinellas County’s Water Supply. These projects reduce purchased water demands throughout the projection period such that by FY 2016 the City plans to significantly reduce the amount purchased water from Pinellas County. It is the goal of the City to provide as much of the City’s average daily flow demand locally, however it is anticipated that the City will rely upon the County and Regional System for maintenance, peaking and emergency supply. The annual amount of water purchased is multiplied against the projected wholesale water rate of Pinellas County in order to determine the purchased water expense each year that is incorporated into the RSA. Attachment number 1 Page 12 of 50 ANALYSIS BURTON & ASSOCIATES 9 ɷɷ Increases in Pinellas County Water Rates – For purposes of this analysis, it is assumed that Pinellas County wholesale water rates charged to the City will increase by 6% in FY 2012 and FY 2013 and then by 4% annually thereafter. These increase assumptions were based upon projections identified in the most recent rate study performed for Pinellas County2 available at the time this analysis was conducted. Minimum Working Capital – The plan assumes that the Utility will maintain a minimum Working Capital Reserve fund balance in an amount equal to three months of O&M and purchased water expenses. Capital Projects Funding – The CIP was provided by City staff through FY 2017. Beginning in FY 2018, unspecified future capital projects were projected based upon the average annual CIP spending for the preceding five years. Borrowing Assumptions – To the extent new debt would be required in any year of the projection period to fund a portion of the CIP, the FAMS model calculates debt service with the following terms: 2 Water, Sewer & Reclaimed Water Utility Rate Analysis: Work Element I Final Report, May 12, 2010. Table5.BorrowingAssumptions Long ANALYSIS BURTON & ASSOCIATES 10 ɷɷ Debt Service Payment Schedule – All future revenue bond issues, as calculated by FAMS, are assumed to be issued in the middle of the fiscal year. As a result, only an interest payment is made in the year in which each bond is issued. All subsequent years reflect full annual principal and interest payments. Interim Financing – The analysis assumes the use of interim financing in FY 2011 and every odd year thereafter; while it assumes long-term borrowing, or revenue bonds, are issued in FY 2012 and every even year thereafter. All interim financing issues are assumed at the beginning of the fiscal year and are refinanced in the subsequent year as part of the long-term borrowing. Until refinanced as part of the subsequent bond issue, the only carrying costs for the interim financing are interest-only payments. FY 2012 & FY 2014 Revenue Bond Assumptions – Based upon the wrapped debt service schedule parameters provided by Raymond James & Associates, the City’s Financial Advisor, the model reflects interest only payments during the projection period on any bonds required in FY 2012 and FY 2014. Debt Service Coverage – There are two debt service coverage tests in the Utility’s outstanding bond covenants as follows: x Rate Covenant – Net income must be at least 1.15 times annual debt service; however, the Utility endeavors to maintain a coverage ratio of 1.50 to maximize the Utility’s credit rating and lower future borrowing costs. x Parity Test – Net income must be at least 1.20 times maximum annual debt service (only in years when revenue bonds are issued). 2.2 RESULTS The steady reduction in billed water demand has had a measurable impact on the revenues of the Utility. However, the revenue impacts from demand reductions have largely been offset by 1) the avoidance of purchased water expenses due to demand reductions and increases of City production capacity, and 2) operating cost containment initiatives undertaken by City staff. Attachment number 1 Page 14 of 50 ANALYSIS BURTON & ASSOCIATES 11 ɷɷ Using our financial forecasting model, we determined that while the approved plan of 6% rate increases in FY 2012 and FY 2013 would be sufficient, followed by 3.75% annual increases from FY 2014 through FY 2021. Alternatively, the Utility could establish a new plan of equal annual rate increases of 4.50% starting in FY 2012 extending throughout the projection period. While both plans would provide adequate revenue to meet the Utility’s operating and capital cost, debt service coverage, and reserve requirements through FY 2021, we recommend that the Utility implement the plan of level annual rate increases in order to minimize utility rate increases over the two years in consideration of the current economy. Table6.RecommendedFinancialManagementPlan FY2012 RATE SURVEY BURTON & ASSOCIATES 12 ɷɷ SECTION 3. RATE SURVEY As part of the RSA, we prepared a residential rate survey that compares the current monthly bill for the Utility’s typical residential user to that of neighboring communities. The rate survey was performed in order to provide an understanding of the current market range of typical residential utility costs and how the Utility fits within that range. 3.1 METHODOLOGY The rate survey was conducted during the spring of calendar year 2011 and the rates presented in the survey were in effect at the time the survey was created for single family residential customers (i.e. FY 2011 rates). The monthly bill calculations are presented for the typical residential customer in the City based upon water use of 4,000 gallons per month. The rates used in the survey were based upon information available on each utility’s website, provided by its billing department, and/or published in rate ordinances as available on Municode.com. The utilities surveyed were: Clearwater, Dade City, Dunedin, Gulfport, Hillsborough County, New Port Richey, Oldsmar, Pasco County, Pinellas County, Port Richey, Safety Harbor, St. Petersburg, Tampa, Tarpon Springs, Temple Terrace, and Zephyrhills. 3.2 RESULTS The results of the survey indicate that the Utility has a monthly bill that is comparable to the average of the utilities surveyed. Table 7 shows that the FY 2011 monthly water and sewer bill in the City ($50.56) is about $4.14 greater than the median bill ($46.42) of the utilities surveyed. Attachment number 1 Page 16 of 50 BURTO R The i Figur FY ON & ASSOCIA R ɷ m Ta W Hi Ol Cl Du Sa Te Pi Ta Pa Po Gu St Da Ne Ta Ze M M information p re1.Combin YA ATES mɷ i able7.Month Water&SewerS illsboroughCo ldsmar earwater unedin afetyHarbor empleTerrace nellasCounty arponSprings ascoCounty ortRichey ulfport .Petersburg adeCity ewPortRichey ampa ephyrhills Median(excludi Mean(excluding presented in nedWater& A i hlyResidenti System unty y ingClearwater gClearwater) n the table ab &SewerBill E 13 alWater&S Water $22.37 $27.83 $21.92 $21.90 $19.42 $13.05 $22.47 $19.89 $16.52 $16.60 $20.74 $20.18 $13.24 $16.99 $9.83 $8.66 r) bove is show Survey@4, EF Sewer(Using Sewer $31.72 $24.99 $28.64 $28.56 $29.62 $35.52 $25.86 $27.07 $29.90 $29.57 $25.29 $24.72 $27.53 $22.93 $23.42 $21.19 wn graphicall ,000Gallons F RA f 4,000gals.) Total $54.09 $52.82 $50.56 $50.46 $49.04 $48.57 $48.33 $46.96 $46.42 $46.17 $46.03 $44.90 $40.77 $39.92 $33.25 $29.85 $46.42 $45.17 ly below. sperMonth S ATE SURVEY f h S Y Attachment number 1 Page 17 of 50 RATE SURVEY BURTON & ASSOCIATES 14 ɷɷ 3.2.1 Future Considerations It is important to note that this survey is a “snapshot in time” for FY 2011. With the multitude of financial and water demand pressures each utility is currently facing, many of the monthly bills shown in this survey are certain to change in FY 2012 and beyond. Several cities currently have approved multi-year or automatic annual rate adjustment plans in place for FY 2012 and subsequent years, including Clearwater, Tarpon Springs, Dunedin, and New Port Richey to name a few. Similarly, other utilities are currently conducting or intend to conduct rate studies that will likely result in rate adjustments for FY 2012 and future years as well, including Pinellas County, St. Petersburg, New Port Richey, and Zephyrhills. Therefore, while we will continue to perform such surveys as part of future revenue sufficiency analyses to reflect the most current and updated rate information for neighboring communities, we do not expect that the City will vary significantly from the median bill of the utilities surveyed in the future. Attachment number 1 Page 18 of 50 CONCLUSIONS & RECOMMENDATIONS BURTON & ASSOCIATES 15 ɷɷ SECTION 4. CONCLUSIONS & RECOMMENDATIONS This section presents the conclusions and recommendations of the RSA. 4.1 CONCLUSIONS We have reached the following conclusions regarding the sufficiency of the City’s water and wastewater rates over the projection period: x Based upon the assumptions and supporting data described in Section 2.1, the current plan of annual water and wastewater rate increases through FY 2013 should generate sufficient revenue to fund the Utility’s system requirements during that time, including annual operating requirements and CIP expenditures, existing and new debt service, and adequate working capital reserves. x In FY 2014 and thereafter, 3.75% annual water, irrigation, reclaimed water, and wastewater rate increases should generate sufficient revenue to fund the Utility’s cost requirements for the remainder of the projection period, while meeting the financial performance goals and objectives of the Utility. x Alternatively, the Utility could implement annual 4.50% water and wastewater rate increases from FY 2012 through FY 2021 to generate sufficient revenue to fund the Utility’s system requirements during that time, including annual operating requirements and CIP expenditures, existing and new debt service, and adequate working capital reserves. 4.2 RECOMMENDATIONS Based upon the analysis presented herein and the conclusions presented in the prior subsection, we recommend the following: Attachment number 1 Page 19 of 50 CONCLUSIONS & RECOMMENDATIONS BURTON & ASSOCIATES 16 ɷɷ x The City should adopt annual 4.5% water and wastewater rate increases for the next five-year planning period (FY 2012 – FY 2016). x We strongly recommend that the City continue to review the financial performance of the Utility on an annual basis and evaluate the adequacy of its revenues and current plan of rate increases. Doing so will allow for the recognition of updated revenue and expense information and changes in economic conditions so that any necessary adjustments can be made to planned rate increases in order to allow the Utility to meet its requirements during the projection period and minimize rate impacts to customers from future events occurring differently than currently projected. Attachment number 1 Page 20 of 50 APPENDIX BURTON & ASSOCIATES 17 ɷɷ Appendix Supporting Schedules for the Revenue Sufficiency Analysis Schedules1through6presentdetailedschedulesoftheinputsandassumptionsutilizedintheRSA Schedule1:containstheassumptionsoftheanalysis Schedule2:containsthecustomeranddemandprojectionsfromFY2011–FY2021 Schedule3:containstheendofFY2010fundbalancesthatserveastheFY2011beginningbalances Schedule4:providesalistingoftheCIPthatwasutilizedinthisanalysis Schedule5:containsadetailedlistofallprojectedcashinflowsfromFY2011throughFY2021 Schedule6:containsadetailedlistofallprojectedcashoutflowsfromFY2011throughFY2021 Schedule7:containsadetailedlistofallprojectedincrementalO&Mexpensesduetocapital projects Schedules8through12identifytheresultsofthefinancialmanagementplan Schedule8:containstheFAMSControlPanelthatpresentsasummaryofthefinancialmanagement plan,includingannualrateincreases,debtservicecoverageratios,totalCIPspendinglevels, customerimpacts,andfundbalances Schedule9:istheProFormaschedulethatpresentsaprojectedincomestatement,debtservice coverageanalysis,andcashflowanalysis Schedule10:showsasummaryofthefundingsourcesutilizedtopayforCIP Schedule11:containsthecalculationofprojectedannuallong FY Schedule 1 – Assumptions APPENDIX BURTON & ASSOCIATES 18 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 CostEscalationFactors: InflationaryCostEscalatorforExpenses(unless otherescalatorisspecified)N/A3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% InternalServiceChargesCostEscalatorN/A3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 510500520100520200520400520700520900521000522000530100531100540300 541000541100541200541600542100542300542500542700543100543300543400 543500543600544100544600545100546100546200546400547100547200547300 547400548000550100550400551000551500557100557300564000571300572200 590200593100 Salaries&OvertimeCostEscalatorN/A2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00% HealthInsuranceCostEscalatorN/A0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00% EMPPensionPlan(%ofSalaries)N/A24.00%27.00%30.00%30.00%30.00%30.00%30.00%30.00%30.00%30.00% AdditionalOPEBAccrualN/A2.18%7.47%7.54%2.58%11.42%4.49%14.19%8.12%7.25%7.25% PILOT(%ofCurrentYearOperatingRevenue)N/A5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50%5.50% Elec FY Schedule 2 – Growth and Demand Projections APPENDIX BURTON & ASSOCIATES 19 ɷɷ FY2010FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 1AnnualGrowth:(Actual)(Estimated)(Projected)(Projected)(Projected)(Projected)(Projected)(Projected)(Projected)(Projected)(Projected)(Projected) 2WaterGrowth: 3Accounts32,56232,43032,43032,43032,48032,55532,63032,70532,78032,85532,93033,005 4AnnualProjectedGrowthinAccounts(132)005075757575757575 5PercentageChangeinAccounts FY Schedule 3 – Beginning Balances APPENDIX BURTON & ASSOCIATES 20 ɷɷ FUNDBALANCES9/30/2010 WaterImpactFees1,648,213$ SewerImpactFees5,848,124$ CapitalProjectsFund24,943,084$ Renewal&Replacement13,667,894$ RevenueFund32,163,431$ RestrictedReserves14,015,380$ TOTALCONSOLIDATEDFUNDBALANCE92,286,126$ CURRENTUNRESTRICTEDASSETS CashandInvestments FY Schedule 4 – Capital Improvement Program APPENDIX BURTON & ASSOCIATES 21 ɷɷ ProjectDescriptionFY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 1WATERPROJECTS 2ClevelandStreetscpPhsII125,703$ FY Schedule 4 – Capital Improvement Program APPENDIX BURTON & ASSOCIATES 22 ɷɷ ProjectDescriptionFY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 51SEWERPROJECTS 52WWTPScrewPumpReplacement1,771,845$200,000372,000 FY Schedule 4 – Capital Improvement Program APPENDIX BURTON & ASSOCIATES 23 ɷɷ ProjectDescriptionFY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 99SiemensEnergySavingProjects(2) FY Schedule 5 – Projection of Cash Inflows APPENDIX BURTON & ASSOCIATES 24 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 1RateRevenueGrowthAssumptions 2GrowthinWaterAccounts FY Schedule 5 – Projection of Cash Inflows APPENDIX BURTON & ASSOCIATES 25 ɷɷ 43OtherOperatingRevenueContinued 44362102Rent/LeaseLand FY Schedule 6 –Projection of Cash Outflows APPENDIX BURTON & ASSOCIATES 26 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 01345ADMINISTRATION 1PersonalServices 2FullTimeSalaries&Wages353,550$360,621$367,833$375,190$382,694$390,348$398,155$406,118$414,240$422,525$430,975$ 3Overtime3,750$3,825$3,902$3,980$4,059$4,140$4,223$4,308$4,394$4,482$4,571$ 4LifeIns$2500Empl&Pens40$41$42$44$45$46$48$49$51$52$54$ 51%LifeInsurance FY Schedule 6 –Projection of Cash Outflows APPENDIX BURTON & ASSOCIATES 27 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 01346WASTEWATERCOLLECTION 47PersonalServices 48FullTimeSalaries&Wages1,022,050$1,042,4911,063,3411,084,6081,106,3001,128,4261,150,9941,174,0141,197,4941,221,4441,245,873 49Overtime60,000$61,20062,42463,67264,94666,24567,57068,92170,30071,70673,140 50LifeIns$2500Empl&Pens10$10111111121212131313 51SampLifeInsurance120$124127131135139143148152157161 52MajorMedicalIns FY Schedule 6 –Projection of Cash Outflows APPENDIX BURTON & ASSOCIATES 28 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 01347WASTEWATERMAINTENANCE 97PersonalServices 98FullTimeSalaries&Wages838,710$855,484872,594890,046907,847926,004944,524963,414982,6821,002,3361,022,383 99Overtime66,000$67,32068,66670,04071,44172,86974,32775,81377,33078,87680,454 100MajorMedicalIns FY Schedule 6 –Projection of Cash Outflows APPENDIX BURTON & ASSOCIATES 29 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 01351WPCPLANTOPERATIONS 145PersonalServices 146FullTimeSalaries&Wages1,733,740$1,768,4151,803,7831,839,8591,876,6561,914,1891,952,4731,991,5222,031,3532,071,9802,113,419 147PartTimeSalaries&Wages19,760$20,15520,55820,96921,38921,81722,25322,69823,15223,61524,087 148Overtime180,000$183,600187,272191,017194,838198,735202,709206,763210,899215,117219,419 149LifeIns$2500Empl&Pens10$10111111121212131313 150SampLifeInsurance270$278286295304313322332342352363 151MajorMedicalIns FY Schedule 6 –Projection of Cash Outflows APPENDIX BURTON & ASSOCIATES 30 ɷɷ 01351WPCPLANTOPERATIONS 193Operations&MaintenanceExpensesCont'd 194RiskMgmtService8,560$8,8179,0819,3549,6349,92310,22110,52810,84411,16911,504 195InfoTechnologyCharge85,480$88,04490,68693,40696,20899,095102,068105,130108,284111,532114,878 196Bldg&MaintDeptSvcFx271,970$280,129288,533297,189306,105315,288324,746334,489344,523354,859365,505 197CustodialService22,580$23,25723,95524,67425,41426,17626,96227,77128,60429,46230,346 198GarageVariable1,600$1,6481,6971,7481,8011,8551,9101,9682,0272,0882,150 199Bldg&Maint FY Schedule 6 –Projection of Cash Outflows APPENDIX BURTON & ASSOCIATES 31 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 01352WPCLABORATORYOPERATIONS 205PersonalServices 206FullTimeSalaries&Wages366,320$373,646381,119388,742396,517404,447412,536420,787429,202437,786446,542 207LifeIns$2500Empl&Pens50$52535556586061636567 2081%LifeInsurance FY Schedule 6 –Projection of Cash Outflows APPENDIX BURTON & ASSOCIATES 32 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 01353INDUSTRIALPRETREATMENT 251PersonalServices 252FullTimeSalaries&Wages262,780$268,036273,396278,864284,442290,130295,933301,852307,889314,046320,327 253Overtime20,000$20,40020,80821,22421,64922,08222,52322,97423,43323,90224,380 254LifeIns$2500Empl&Pens10$10111111121212131313 2551%LifeInsurance FY Schedule 6 –Projection of Cash Outflows APPENDIX BURTON & ASSOCIATES 33 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 02051WATERDISTRIBUTION 299PersonalServices 300FullTimeSalaries&Wages1,392,790$1,420,6461,449,0591,478,0401,507,6011,537,7531,568,5081,599,8781,631,8751,664,5131,697,803 301Overtime60,000$61,20062,42463,67264,94666,24567,57068,92170,30071,70673,140 302LifeIns$2500Empl&Pens10$10111111121212131313 3031%LifeInsurance FY Schedule 6 –Projection of Cash Outflows APPENDIX BURTON & ASSOCIATES 34 ɷɷ 02051WATERDISTRIBUTION Operations&MaintenanceExpensesCont'd 347PostalService500$515530546563580597615633652672 348RiskMgmtService7,490$7,7157,9468,1858,4308,6838,9439,2129,4889,77310,066 349InfoTechnologyCharge73,670$75,88078,15780,50182,91685,40487,96690,60593,32396,12399,006 350GarageVariable18,000$18,54019,09619,66920,25920,86721,49322,13822,80223,48624,190 351Bldg&Maint FY Schedule 6 –Projection of Cash Outflows APPENDIX BURTON & ASSOCIATES 35 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 02053WATERSUPPLY 356PersonalServices 357FullTimeSalaries&Wages446,730$455,665464,778474,073483,555493,226503,091513,152523,415533,884544,561 358Overtime20,000$20,40020,80821,22421,64922,08222,52322,97423,43323,90224,380 359LifeIns$2500Empl&Pens10$10111111121212131313 360SampLifeInsurance150$155159164169174179184190196202 361MajorMedicalIns FY Schedule 6 –Projection of Cash Outflows APPENDIX BURTON & ASSOCIATES 36 ɷɷ 02053WATERSUPPLY Operations&MaintenanceExpensesCont'd 404InfoTechnologyCharge67,580$69,60771,69673,84676,06278,34480,69483,11585,60888,17790,822 405Bldg&MaintDeptSvcFx123,270$126,968130,777134,700138,741142,904147,191151,607156,155160,839165,665 406CustodialService4,400$4,5324,6684,8084,9525,1015,2545,4115,5745,7415,913 407GarageVariable1,000$1,0301,0611,0931,1261,1591,1941,2301,2671,3051,344 408Bldg&Maint FY Schedule 6 –Projection of Cash Outflows APPENDIX BURTON & ASSOCIATES 37 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 02054RECLAIMEDWATER 412PersonalServices 413FullTimeSalaries&Wages668,470$681,839695,476709,386723,573738,045752,806767,862783,219798,884814,861 414Overtime21,630$22,06322,50422,95423,41323,88124,35924,84625,34325,85026,367 415LifeIns$2500Empl&Pens10$10111111121212131313 416SampLifeInsurance150$155159164169174179184190196202 417MajorMedicalIns FY Schedule 6 –Projection of Cash Outflows APPENDIX BURTON & ASSOCIATES 38 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 SIEMENSOPERATIONALSAVINGS 454OperationalSavings FY Schedule 6 –Projection of Cash Outflows APPENDIX BURTON & ASSOCIATES 39 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 SIEMENSOPERATIONALSAVINGS 454OperationalSavings FY Schedule 7 – Additional Incremental O&M APPENDIX BURTON & ASSOCIATES 40 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 INCREMENTALO&MEXPENDITURES 1ReclaimedWaterDistribution Schedule 8 – FAM BURTON & ASSO ɷ e MS-XL © Control P CIATES eɷ l Panel l F 41 RR A C APPENDIX C FY Schedule 9 – Pro Forma APPENDIX BURTON & ASSOCIATES 42 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 1TotalWater,LawnIrrigation,ReclaimedWater&SewerRateRevenue 2BaseRateRevenue56,796,694$56,804,65058,784,30461,210,28763,899,55466,638,33969,482,54972,456,56575,523,34279,082,28982,785,260 3AdditionalRateRevenueFromGrowth FY Schedule 10 – Projected CIP Funding Sources APPENDIX BURTON & ASSOCIATES 43 ɷɷ 1FINALCAPITALPROJECTSFUNDINGSOURCESFY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 2WATERIMPACTFEES1,055,603$405,616243,70838,74636,03436,00036,00036,00036,00036,00036,000 3SEWERIMPACTFEES3,000,535$2,934,54649,14319,15018,69718,69218,69218,69218,69218,69218,692 4CAPITALPROJECTSFUND*24,943,084$ FY Schedule 11 – Long-Term Borrowing Projections APPENDIX BURTON & ASSOCIATES 44 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 1Term(Years)3030303030303030303030 2InterestRate6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00% 3SourcesofFunds 4ParAmount$03,035,183045,527,781038,207,031042,655,840032,659,1210 5UsesofFunds 6Proceeds$02,738,801041,082,043034,476,156038,490,544029,469,9930 7CostofIssuance2.50%ofPar$075,88001,138,1950955,17601,066,3960816,4780 8Underwriter'sDiscount$0.00per$1,000$00000000000 9BondInsurance0timestotalDebtService$00000000000 10CapitalizedInterest0Year(s)Interest$00000000000 11DebtServiceSurety0.00%ofDebtService$00000000000 12DebtServiceReserve1YearsofDebtService$0220,50303,307,54402,775,69903,098,90002,372,6500 13OtherCosts$00000000000 14TotalUses$03,035,183045,527,781038,207,031042,655,840032,659,1210 151YearInterest$0182,11102,731,66702,292,42202,559,35001,959,5470 16AnnualDebtService(1)$0220,50303,307,54402,775,69903,098,90002,372,6500 17TotalDebtService$06,615,082099,226,312083,270,976092,967,010071,179,4880 18CapitalFundingProceedsRequired$02,738,80125,622,26115,459,78216,199,86018,276,29713,199,06125,291,48322,832,1386,637,85614,896,827 19InterimFinancingSectionFY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 20InterestRate2.00%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50%2.50% 21UtilizeInterimFinancing?YNYNYNYNYNY 22Proceeds$0025,622,261016,199,860013,199,061022,832,138014,896,827 23InterestPayments$00640,5570404,9960329,9770570,8030372,421 24EndofYearBalance$0025,622,261016,199,860013,199,061022,832,138014,896,827 25ProceedsToBeBond FY Schedule 12 – Funding Summary by Fund APPENDIX BURTON & ASSOCIATES 45 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 1WATERIMPACTFEES 2BALANCEATBEGINNINGOFFISCALYEAR1,648,213$615,019219,7082,74634000000 3ADDITIONALANNUALREVENUES FY Schedule 12 – Funding Summary by Fund APPENDIX BURTON & ASSOCIATES 46 ɷɷ FY2011FY2012FY2013FY2014FY2015FY2016FY2017FY2018FY2019FY2020FY2021 40RENEWAL&REPLACEMENT 41BALANCEATBEGINNINGOFFISCALYEAR13,667,894$ Ordinance 8266-11 ORDINANCE NO. 8266-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SCHEDULE FOR DOMESTIC WATER, LAWN WATER, RECLAIMED WATER AND WASTEWATER COLLECTION UTILITY RATES; AMENDING APPENDIX A, ARTICLE XXV PUBLIC WORKS - FEES, RATES AND CHARGES; SECTION (3)(a) WATER RATES, SECTION (3)(b) WASTEWATER COLLECTION UTILITY RATES AND (3)(f) RECLAIMED WATER RATES CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A, Article XXV, PUBLIC WORKS--FEES, RATES AND CHARGES, Section (3)(a) Water Rates, Clearwater Code of Ordinances is amended as follows: (3) Rates: (a) Water rates. Water rates for all water furnished by the city shall be as follows: 1. Domestic water rates shall be a monthly fee as provided in the table below based on the meter size and volume allowance, with an additional charge per 1,000 gallons of water consumed over the allowance per the table below. Such rates the following based on monthly consumption and will take effect for bills issued on or after the dates shown in the following table, and shall remain in effect thereafter unless amended: Meter Size October 1, 200811 October 1, 200912 October 1, 20103 October 1, 20114 October 1, 20125 Under 1-inch: Attachment number 2 Page 1 of 12 Ordinance 8266-11 2 Minimum Base service charge with usage allowance up to 3,000 gallons $13.65 16.30 $14.58 17.03 $15.60 17.80 $16.56 18.60 $17.55 19.44 Plus, from 3,001 to 9,000 gallons, per 1,000 gallons 5.52 6.60 5.91 6.90 6.32 7.21 6.70 7.53 7.10 7.87 Plus, from 9,001 gallons up, per 1,000 gallons 6.96 8.33 7.45 8.70 7.97 9.09 8.45 9.50 8.96 9.93 1-inch: Minimum Base service charge with usage allowance up to 7,000 gallons 31.85 38.04 34.02 39.75 36.40 41.54 38.64 43.41 40.95 45.36 Plus, from 7,001 to 40,000 gallons, per 1,000 gallons 5.52 6.60 5.91 6.90 6.32 7.21 6.70 7.53 7.10 7.87 Plus, from 40,001 gallons up, per 1,000 gallons 6.96 8.33 7.45 8.70 7.97 9.09 8.45 9.50 8.96 9.93 Attachment number 2 Page 2 of 12 Ordinance 8266-11 3 1 1/2-inch: Minimum Base service charge with usage allowance up to 100,000 gallons 455.00 543.40 486.00 567.85 520.00 593.40 552.00 620.10 585.00 648.00 Plus, from 100,001 to 140,000 gallons, per 1,000 gallons 5.52 6.60 5.91 6.90 6.32 7.21 6.70 7.53 7.10 7.87 Plus, from 140,001 gallons, per 1,000 gallons 6.96 8.33 7.45 8.70 7.97 9.09 8.45 9.50 8.96 9.93 2-inch: Minimum Base service charge with usage allowance up to 233,000 gallons 1,060.1 5 1,266.1 2 1,132.3 8 1,323.1 0 1,211.6 0 1,382.6 4 1,286.1 6 1,444.8 6 1,363.0 5 1,509.8 8 Plus, from 233,001 to 343,000 gallons, per 1,000 gallons 5.52 6.60 5.91 6.90 6.32 7.21 6.70 7.53 7.10 7.87 Attachment number 2 Page 3 of 12 Ordinance 8266-11 4 Plus, from 343,001 gallons, per 1,000 gallons 6.96 8.33 7.45 8.70 7.97 9.09 8.45 9.50 8.96 9.93 3-inch or 2-inch in manifold: Minimum Base service charge with usage allowance up to 359,000 gallons 1,633.4 5 1950.81 1,744.7 4 2,038.6 0 1,866.8 0 2,130.3 4 1,981.6 8 2,226.2 1 2,100.1 5 2,326.3 9 Plus, from 359,001 to 474,000 gallons, per 1,000 gallons 5.52 6.60 5.91 6.90 6.32 7.21 6.70 7.53 7.10 7.87 Plus, from 474,001 gallons, per 1,000 gallons 6.96 8.33 7.45 8.70 7.97 9.09 8.45 9.50 8.96 9.93 4-inch: Minimum Base service charge with usage allowance up to 691,000 gallons 3,144.0 5 3,754.8 9 3,358.2 6 3,923.8 6 3,593.2 0 4,100.4 3 3,814.3 2 4,284.9 5 4,042.3 5 4,477.7 7 Attachment number 2 Page 4 of 12 Ordinance 8266-11 5 Plus, from 691,001 to 979,000 gallons, per 1,000 gallons 5.52 6.60 5.91 6.90 6.32 7.21 6.70 7.53 7.10 7.87 Plus, from 979,001 gallons, per 1,000 gallons 6.96 8.33 7.45 8.70 7.97 9.09 8.45 9.50 8.96 9.93 6-inch: Minimum Base service charge with usage allowance up to 1,775,000 gallons 8,076.2 5 9,645.3 5 8,626.5 0 10,079. 39 9,230.0 0 10,532. 96 9,798.0 0 11,006. 94 10,383. 75 11,502. 25 Plus, from 1,775,001 to 2,025,000 gallons, per 1,000 gallons 5.52 6.60 5.91 6.90 6.32 7.21 6.70 7.53 7.10 7.87 Plus, from 2,025,001 gallons, per 1,000 gallons 6.96 8.33 7.45 8.70 7.97 9.09 8.45 9.50 8.96 9.93 8-inch: Attachment number 2 Page 5 of 12 Ordinance 8266-11 6 Minimum Base service charge with usage allowance up to 3,000,000 gallons 13,650. 00 16,302. 00 14,580. 00 17,035. 59 15,600. 00 17,802. 19 16,560. 00 18,603. 29 17,550. 00 19,440. 44 Plus, from 3,000,001 to 3,413,000 gallons, per 1,000 gallons 5.52 6.60 5.91 6.90 6.32 7.21 6.70 7.53 7.10 7.87 Plus, from 3,413,001 gallons, per 1,000 gallons 6.96 8.33 7.45 8.70 7.97 9.09 8.45 9.50 8.96 9.93 2. Lawn water meters. Lawn water rates shall be as follows and will take effect for bills issued on or after the dates specified: Lawn meter size. Under 1-inch: October 1, 200811 October 1, 200912 October 1, 20103 October 1, 20114 October 1, 20125 Base service charge, with no water usage allowance .... 4.86 5.81 5.20 6.07 5.56 6.34 5.89 6.63 6.24 6.93 Plus, up to 2,000 gallons, per 1,000 gallons «. 5.92 7.07 6.33 7.39 6.77 7.72 7.18 8.07 7.61 8.43 Plus, from 2,001 gallons, per 1,000 gallons«. 8.14 9.74 8.71 10.18 9.32 10.64 9.88 11.12 10.47 11.62 1-inch: Attachment number 2 Page 6 of 12 Ordinance 8266-11 7 Base service charge, with no water usage allowance .... 14.58 17.44 15.60 18.22 16.69 19.04 17.69 19.90 18.93 20.80 Plus, up to 7,000 gallons, per 1,000 JDOORQV« 5.92 7.07 6.33 7.39 6.77 7.72 7.18 8.07 7.61 8.43 Plus, from 7,001 gallons, per 1,000 JDOORQV« 8.14 9.74 8.71 10.18 9.32 10.64 9.88 11.12 10.47 11.62 1 ½-inch Base service charge, with no water usage DOORZDQFH« 72.94 87.27 78.05 91.20 83.51 95.30 88.52 99.59 93.83 104.07 Plus, up to 9,000 gallons, per 1,000 JDOORQV« 5.92 7.07 6.33 7.39 6.77 7.72 7.18 8.07 7.61 8.43 Plus, from 9,001 gallons, per 1,000 JDOORQV« 8.14 9.74 8.71 10.18 9.32 10.64 9.88 11.12 10.47 11.62 2-inch: Base service charge, with no water usage DOORZDQFH« 204.22 244.34 218.52 255.34 233.82 266.83 247.85 278.84 262.72 291.39 Plus, up to 40,000 gallons, per 1,000 JDOORQV« 5.92 7.07 6.33 7.39 6.77 7.72 7.18 8.07 7.61 8.43 Plus, from 40,001 gallons, per 1,000 JDOORQV« 8.14 9.74 8.71 10.18 9.32 10.64 9.88 11.12 10.47 11.62 3-inch or two 2-inch in manifold: Base service charge, with no water usage DOORZDQFH« 403.59 482.86 431.84 504.59 462.07 527.30 489.79 551.03 519.18 575.83 Attachment number 2 Page 7 of 12 Ordinance 8266-11 8 Plus, up to 100,000 gallons, per 1,000 gallons.... 5.92 7.07 6.33 7.39 6.77 7.72 7.18 8.07 7.61 8.43 Plus, from 100,001 gallons, per 1,000 gallons.... 8.14 9.74 8.71 10.18 9.32 10.64 9.88 11.12 10.47 11.62 4-inch: Base service charge, with no water usage allowance .... 778.03 930.84 832.49 972.73 890.76 1,016.5 0 944.21 1,062.2 4 1,000.8 6 1,110.0 4 Plus, up to 233,000 gallons, per 1,000 JDOORQV« 5.92 7.07 6.33 7.39 6.77 7.72 7.18 8.07 7.61 8.43 Plus, from 233,001 gallons, per 1,000 JDOORQV« 8.14 9.74 8.71 10.18 9.32 10.64 9.88 11.12 10.47 11.62 6-inch: Base service charge, with no water usage DOORZDQFH« 2,348.6 5 2,809.9 7 2,513.0 6 2,936.4 2 2,688.9 7 3,068.5 6 2,850.3 1 3,206.6 5 3,021.3 3 3,350.9 5 Plus, up to 359,000 gallons, per 1,000 gallons.... 5.92 7.07 6.33 7.39 6.77 7.72 7.18 8.07 7.61 8.43 Plus, from 359,001 gallons, per 1,000 gallons.... 8.14 9.74 8.71 10.18 9.32 10.64 9.88 11.12 10.47 11.62 * * * * * * * * * Section 2. Appendix A, Article XXV, PUBLIC WORKS--FEES, RATES AND CHARGES, Section (3)(b) Wastewater Collection Utility Rates, Clearwater Code of Ordinances is amended as follows: Attachment number 2 Page 8 of 12 Ordinance 8266-11 9 (b) Wastewater collection utility rates. 1. There is hereby established a uniform schedule of rates and charges for the use or availability of use of the wastewater collection system. The wastewater collection utility rate shall be a monthly fee, as provided in the table below, based on the meter size and volume allowance of domestic water, with an additional consisting of a minimum charge for an assigned volume of domestic water associated with each water meter size, shown as the basic allowance in the following table, plus a charge per 1,000 gallons for of water consumed over the allowance per the table below above the assigned volume. Such rates shall take effect for bills issued on or after the dates as shown in the following table, and shall remain in effect thereafter unless amended: Base Monthly Charge With or Without Consumption Size of Meter October 1, 200811 October 1, 200912 October 1, 20103 October 1, 20114 October 1, 20125 Basic Allowance (gallons) Under 1- inch 18.75 22.44 20.07 23.46 21.48 24.51 22.77 25.62 24.12 26.76 3,000 or less 1-inch 43.75 52.36 46.83 54.74 50.12 57.19 53.13 59.78 56.28 62.44 7,000 or less 1 ½-inch 625.00 748.00 669.00 782.00 716.00 817.00 759.00 854.00 804.00 892.00 100,000 or less 2-inch 1,456.2 5 1,742.8 4 1,558.7 7 1,822.0 6 1,668.2 8 1,903.6 1 1,768.4 7 1,989.8 2 1,873.3 2 2,078.3 6 233,000 or less 3-inch or 2 2-inch manifold 2,243.7 5 2,685.3 2 2,401.7 1 2,807.3 8 2,570.4 4 2,933.0 3 2,724.8 1 3,065.8 6 2,886.3 6 3,202.2 8 359,000 or less 4-inch 4,318.7 5 5,168.6 8 4,622.7 9 5,403.6 2 4,947.5 6 5,645.4 7 5,244.6 9 5,901.1 4 5,555.6 4 6,163.7 2 691,000 or less 6-inch 11,093. 75 13,277. 00 11,874. 75 13,880. 50 12,709. 00 14,501. 75 13,472. 25 15,158. 50 14,271. 00 15,833. 00 1,775,000 or less Attachment number 2 Page 9 of 12 Ordinance 8266-11 10 8-inch 18,750. 00 22,440. 00 20,070. 00 23,460. 00 21,480. 00 24,510. 00 22,770. 00 25,620. 00 24,120. 00 26,760. 00 3,000,000 or less Charge per 1,000 gallons of water used over the basic allowance 6.25 7.48 6.69 7.82 7.16 8.17 7.59 8.54 8.04 8.92 2. Service outside of the municipal limits. Accounts outside the corporate limits of the city shall be subject to a surcharge equal to 25 percent of the monthly wastewater collection utility charges. 3. The wastewater collection utility rate schedule shall be reviewed by the city council as a part of the annual fiscal budget preparation to ensure that adequate revenues are generated to pay the costs of operation, maintenance and outstanding bond service requirements. * * * * * * * * * * Section 3. Appendix A, Article XXV, PUBLIC WORKS--FEES, RATES AND CHARGES, Section (3)(f) Reclaimed water rates, Clearwater Code of Ordinances is amended as follows: (f) Reclaimed Water Rates. There is hereby established a uniform schedule of rates and charges for the use or availability of use of the reclaimed water system. The reclaimed water rate shall be a monthly fee consisting of an availability charge as the basic allowance in the following table, plus a charge per 1,000 gallons of reclaimed water consumed as indicated. Such rates shall take effect for bills issued on or after the dates as shown in the following table, and shall remain in effect thereafter unless amended: October 1, 200811 October 1, 200912 October 1, 20103 October 1, 20114 October 1, 20125 Single family, duplex or triplex (per domestic water account), commercial/ind Attachment number 2 Page 10 of 12 Ordinance 8266-11 11 ustrial or multi- family dwelling and open space Availability charge 17.10 11.18 18.30 11.68 19.58 12.21 20.75 12.76 22.00 13.33 Usage ± metered per 1,000 gallons used 0.5493 0.5897 0.62 1.01 0.66 1.06 0.70 1.11 One availability fee shall be charged to a property and not to each of the multiple individual potable water accounts. For example, a shopping center with multiple stores, each having a separate potable water account, will normally only have one reclaimed availability fee billed to the account that is responsible for irrigation (i.e. the owner of the shopping center or parcel). An example of this situation is when a commercial property has multiple stores, etc., as multiple individual accounts, and the property is mostly parking lot and commercial space. The property owner irrigates or uses reclaimed water in some manner, but at only one location at the property. The location utilizing the reclaimed water will be billed for availability and consumption. If another location on that property needs a reclaimed water service connection, that account will be billed according to the schedule above. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ________________________ ____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 2 Page 11 of 12 Ordinance 8266-11 12 Attachment number 2 Page 12 of 12 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Approve a First Agreement to Amend Meter and Regulator Station Easement (Amendment) with Florida Gas Transmission, LLC (FGT), a Delaware limited liability company as recorded in Official Records Book 8042, Pages 86 and 87 in the Public Records of Pinellas County, Florida; grant and convey to FGT that certain 10-foot by 49-foot easement as legally described in Exhibit B of the Amendment, and authorize appropriate officials to execute same. (consent) SUMMARY: Florida Gas Transmission (FGT) has agreed to vacate a portion of their easement, which conflicts directly with the construction of the City’s compressed natural gas (CNG) filling station along Hercules Avenue. The original Easement was granted by the City on August 22, 1992, as recorded in Official Records Book 8042, pages 86 and 87 in the Public Records of Pinellas County, Florida. The easement allows FGT to gain access to their transmission pipeline facilities located within Clearwater Gas System’s north gate station. Under the revised easement, FGT will vacate the north 8 feet of the original easement (Exhibit A). In return, the City will grant a new easement on the south side of the north gate station property (Exhibit B). Within the new easement, Tract A is an Ingress-Egress easement that will allow FGT to gain access to Tract B, which is designated for parking and temporary storage. Type:Other Current Year Budget?:NoneBudget Adjustment:None Budget Adjustment Comments: Current Year Cost:0Annual Operating Cost:0 Not to Exceed:0 Total Cost:0 For Fiscal Year: to Review Approval: Cover Memo Attachment number 1 Page 1 of 5 Attachment number 1 Page 2 of 5 Attachment number 1 Page 3 of 5 Attachment number 1 Page 4 of 5 Attachment number 1 Page 5 of 5 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Approve the Third Amended and Restated Interlocal Agreement of Florida Gas Utility, authorize the appropriate officials to execute same and adopt Resolution 11-13. SUMMARY: On March 25, 2011, the Florida Gas Utility (FGU) Board of Directors unanimously approved revisions to the FGU By- Laws and approved the Third Amended and Restated Interlocal Agreement. FGU has had the same governance structure since the early 1990’s. However, changes to the FGU organization, along with additional member services provided has made it quite difficult in getting quorums for meetings. In light of budget reductions for travel and recognizing the busy schedules of the FGU members, it was recommended by the FGU Governance Committee that changes to the voting structure, and changes that would mitigate the burden of serving on the Executive Committee would enable FGU to schedule meetings more easily. Below is a summary of the changes: Creation of a Director Representative which will allow Member Systems to remove and replace its Director Representative at-will, to designate an Alternate Director Representative when the primary Director Representative is unable to attend meetings. Power of Executive Committee to adopt or modify procedures, accept the annual audit, take other action not inconsistent with actions taken by the Board and clarify the Board has the right to revoke action of the Executive Committee as long as no contract rights are violated. Weighted voting of each Member (Director Representative): Each Member receives one (1) vote Percentage of total pipeline capacity held by FGU for its Member (1-10 votes) Percentage of total throughput for each Member (1-10 votes) Affirmative vote of 70% (based on weightings) is required to take action Permit Director Representative to attend by telephone or electronic means, only to the extent permitted by law. The Executive Committee (EC) composition remains the same; however, FGU Board will select three (3) or more alternate EC members. Alternates will fill vacancies at any EC meeting. EC is given authority to approve and authorize the execution of contracts. Cover Memo Powers and duties of the FGU General Manager - The GM will manage business and affairs of FGU under the general direction of the Executive Committee. FGU is a not or profit joint action agency made up of 25 Florida Cities, including Clearwater. Clearwater has been a member of FGU since October 2000 and currently has an All Requirements Agreement with FGU that was executed on February 15, 2002. Type:Other Current Year Budget?:NoneBudget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval:1) Clerk Cover Memo RESOLUTION NO. 11-13 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF THE THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT TO BE EXECUTED AMONG THE MEMBERS OF FLORIDA GAS UTILITY; PROVIDING CERTAIN AUTHORIZATIONS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO. WHEREAS, the City of Clearwater, Florida, has entered into an Interlocal Agreement dated September 1, 1989, as amended on June 1, 1992 and restated by the Second Amended and Restated Interlocal Agreement dated July 27, 1999 (the “Interlocal Agreement”), with other member cities, authorities and public agency (“Members”) for the purpose of organizing Florida Gas Utility (“FGU”) as a public body corporate and politic, for the purchase of natural gas and the performance of other activities; and WHEREAS, the City has participated with FGU and the other Members with respect to the organization of FGU under the Florida Interlocal Corporation Act, Section 163.01, Florida Statutes, and the adoption of its policies and procedures, pursuant to which the City and the other Members are bound; and WHEREAS, FGU has been duly organized pursuant to the Interlocal Agreement and has approved and provided its Members a Third Amended and Restated Interlocal Agreement in the form attached hereto as Exhibit A as it may be modified or amended as provided herein (the “Third Amended and Restated Interlocal Agreement”) for consideration and execution among its Members, to be its governing document; and WHEREAS, the Board of FGU, by resolution unanimously adopted at a meeting duly called and held on March 25, 2011, and at which Members holding 70% of the weighted voting rights were present and voting throughout, approved the form of the Third Amended and Restated Interlocal Agreement, subject to the execution thereof by all Members of FGU and the filing thereof with the Clerk of the Circuit Court of Alachua County, Florida; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CLEARWATER, FLORIDA, that: Section 1. Authority. This Resolution is adopted pursuant to the Constitution and laws of the State of Florida, including, particularly, Section 163.01, Florida Statutes, and Chapter 166, Florida Statutes. Attachment number 1 Page 1 of 3 2 Section 2. Definitions. Unless the context otherwise requires, all terms used herein in capitalized form shall have the same meanings ascribed to such terms in the Third Amended and Restated Interlocal Agreement. Section 3. Findings. It is hereby ascertained, determined and declared that the City is authorized under the authority cited above to approve the form and authorize the execution and delivery of the Third Amended and Restated Interlocal Agreement in the manner herein provided. Section 4. Approval of Third Amended and Restated Interlocal Agreement. The Third Amended and Restated Interlocal Agreement, in substantially the form attached hereto as Exhibit A, is hereby approved, subject to such changes, insertions and omissions and filling in of blanks therein as may be approved and made to such form of Third Amended and Restated Interlocal Agreement by the officers of the City designated below executing the same and upon execution by all Members (together or in counterparts), shall be filed in the public records as required by law. The Third Amended and Restated Interlocal Agreement shall be dated as of March 25, 2011, the date of approval thereof by the FGU Board, and shall become effective upon the due execution by all Members of FGU and the filing thereof with the Clerk of the Circuit Court of Alachua County, Florida. Section 5. Authorizations Concerning Third Amended and Restated Interlocal Agreement. A. The Mayor or Mayor Pro Tem of the City and the City Clerk or any Deputy City Clerk of the City shall be and are hereby authorized to execute the Third Amended and Restated Interlocal Agreement for and on behalf of the City pursuant to the terms hereof, in substantially the forms attached hereto as Exhibit A with such changes, insertions and omissions and filling in of blanks therein as the Mayor or Mayor Pro Tem may approve, such approval to be conclusively evidenced by the execution thereof. B. The Mayor or Mayor Pro Tem and Clerk or any Deputy Clerk of the City, the Director of Finance of the City, and such other officers and employees of the City as may be designated by the Mayor or Mayor Pro Tem, including the representatives of the City on the Board of Directors or Executive Committee of FGU, are each designated as agents of the City in connection with the issuance and delivery of the Third Amended and Restated Interlocal Agreement and are authorized and empowered, collectively or individually, to take all action and steps and to execute all instruments, documents and contracts on behalf of the City that are necessary or desirable in connection with the execution and delivery thereof, and which are specifically authorized or are not inconsistent with the terms and provisions of this Resolution. Attachment number 1 Page 2 of 3 3 Section 6. Repeal of Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption. This Resolution passed and adopted this ____ day of ______________, 2011. APPROVED: CITY OF CLEARWATER ATTEST: ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk #10225037_v2 Attachment number 1 Page 3 of 3 Execution Copy March 25, 2011 This instrument prepared by (and return to): Richard B. Stephens, Jr. HOLLAND & KNIGHT LLP 2115 Harden Blvd, Lakeland, FL 33803-5918 THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT BY AND AMONG FLORIDA GAS UTILITY AND CITY OF BLOUNTSTOWN CITY OF CHIPLEY CITY OF CLEARWATER D/B/A CLEARWATER GAS SYSTEM CITY OF CRESCENT CITY CITY OF DEFUNIAK SPRINGS FLORIDA MUNICIPAL POWER AGENCY CITY OF FORT MEADE FORT PIERCE UTILITIES AUTHORITY CITY OF GAINESVILLE D/B/A GAINESVILLE REGIONAL UTILITIES CITY OF HOMESTEAD TOWN OF JAY KISSIMMEE UTILITY AUTHORITY CITY OF LAKE CITY CITY OF LAKE WORTH CITY OF LAKELAND CITY OF LEESBURG CITY OF LIVE OAK CITY OF MARIANNA ORLANDO UTILITIES COMMISSION PALATKA GAS AUTHORITY CITY OF PERRY CITY OF STARKE CITY OF SUNRISE CITY OF VERO BEACH CITY OF WILLISTON Dated as of March 25, 2011 Attachment number 2 Page 1 of 47 i TABLE OF CONTENTS ARTICLE I Purpose; Duration; Effective Date ............................................................ 2 Section 1. Purpose of this Agreement. .................................................................. 2 Section 2. Duration. ............................................................................................... 2 Section 3. Dissolution of FGU. .............................................................................. 3 Section 4. Liquidation. ........................................................................................... 3 Section 5. Effective Date. ....................................................................................... 3 ARTICLE II Powers ....................................................................................................... 3 ARTICLE III Members .................................................................................................. 7 Section 1. Membership. ......................................................................................... 7 Section 2. Duties of Members. ............................................................................... 7 Section 3. Addition or Withdrawal of Members. .................................................. 7 ARTICLE IV Board of Directors; Executive Committee .............................................. 8 Section 1. Board of Directors. ................................................................................ 8 Section 2. Duties of the Board of Directors. .......................................................... 9 Section 3. Meetings of the Board of Directors. ..................................................... 9 Section 4. Quorum and Voting. ............................................................................. 9 Section 5. Vacancies on the Board of Directors. ................................................. 11 Section 6. Bylaws. ................................................................................................ 11 Section 7. Executive Committee. ......................................................................... 12 Section 8. Duties and Powers of the Executive Committee. .............................. 13 Section 9. Meetings by Electronic Communications. ......................................... 14 ARTICLE V Officers .................................................................................................... 14 Section 1. Number, Titles and Term of Office. ................................................... 14 Section 2. Powers and Duties of the Chair of the Board. ................................... 14 Section 3. Powers and Duties of the Vice Chair of the Board. ........................... 15 Section 4. General Manager. ............................................................................... 15 Section 5. Chief Financial Officer. ...................................................................... 15 Section 6. Secretary. ............................................................................................ 16 Section 7. Resignation. ........................................................................................ 16 Section 8. Removal of Officers. ............................................................................ 16 ARTICLE VI Special Projects ..................................................................................... 17 Section 1. Special Projects. .................................................................................. 17 Section 2. Termination of Projects. ..................................................................... 17 ARTICLE VII Miscellaneous ....................................................................................... 17 Section 1. Recovery of Costs. ............................................................................... 18 Section 2. Accumulated Net Revenues. ............................................................... 18 Section 3. Fiscal Control. ..................................................................................... 18 Section 4. Filing with Clerk of Circuit Court. ..................................................... 18 Section 5. Amendments. ...................................................................................... 18 Section 6. Prohibited Transactions with Staff. ................................................... 18 Attachment number 2 Page 2 of 47 ii Section 7. Seal. ..................................................................................................... 19 Section 8. Effect on Prior Agreement. ................................................................. 19 Section 9. Execution in Counterparts. ................................................................ 19 Attachment number 2 Page 3 of 47 Execution Copy March 25, 2011 THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT THIS THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT made and entered into as of this 25th day of March, 2011, by and among City of Blountstown, City of Chipley, City of Clearwater D/B/A Clearwater Gas System, City of Crescent City, City of DeFuniak Springs, Florida Municipal Power Agency, City of Fort Meade, Fort Pierce Utilities Authority, City of Gainesville D/B/A Gainesville Regional Utilities, City of Homestead, Town of Jay, Kissimmee Utility Authority, City of Lake City, City of Lake Worth, City of Lakeland, City of Leesburg, City of Live Oak, City of Marianna, Orlando Utilities Commission, Palatka Gas Authority, City of Perry, City of Starke, City of Sunrise, City of Vero Beach, City of Williston, and which may be subsequently entered into by assumption of the rights and responsibilities of this Third Amended and Restated Interlocal Agreement by other cities or utility authorities, commissions or similar entities from time to time, pursuant to Article III, Section 3 hereof (collectively, “Members”). WITNESSETH: WHEREAS, Florida Gas Utility was formed by Interlocal Agreement on September 1, 1989, which was subsequently amended by the Amended Interlocal Agreement on June 1, 1992, and which was amended and restated by Amended and Restated Interlocal Agreement as of July 1, 1996 and on July 27, 1999 (“Interlocal Agreement”); and WHEREAS, the parties to the Interlocal Agreement have agreed to modifications to reflect certain agreed upon changes thereto; and WHEREAS, in addition and supplemental to their other powers, the undersigned parties, pursuant to Chapter 163, Part I, Florida Statutes, as amended, commonly known as the “Florida Interlocal Cooperation Act of 1969,” are authorized and empowered to cooperate with each other on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of government organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. NOW, THEREFORE, IN CONSIDERATION of the mutual benefits to flow to each other, and to the citizens of the State of Florida, and in consideration of the mutual covenants, promises and agreements herein contained, the Members hereby agree with each other to amend and restate in its entirety the Interlocal Agreement by this Third Amended and Restated Interlocal Agreement (herein, the “Agreement” or the “Interlocal Agreement”) as follows: Attachment number 2 Page 4 of 47 Execution Copy March 25, 2011 2 ARTICLE I Purpose; Duration; Effective Date Section 1. Purpose of this Agreement. The purpose of this Agreement is to create a legal entity constituting a public body corporate and politic under Section 163.01 of Chapter 163, Part I, Florida Statutes, as amended, composed of the Members, to be known as Florida Gas Utility (“FGU”). FGU is formed to undertake the acquisition, financing, constructing, managing, operating, delivering, servicing, utilizing, owning, brokering, exchanging, and distributing natural gas, manufactured gas, fossil fuels or other energy and energy sources and interests therein, present and future, of whatever kind or nature, and to exercise all of the powers granted by this Agreement, either within or without the State of Florida. FGU shall be governed by a Board of Directors and Executive Committee as provided in Article IV. FGU, as directed by its Board of Directors, shall adopt bylaws, rules, regulations, policies and procedures to govern its actions and procedures. It is not the purpose of this Agreement to transfer ownership of any existing facility from any Member or other entity to FGU. Section 2. Duration. This Agreement shall continue in full force and effect, until its termination as provided herein, subject to the right to rescind this Agreement and dissolve FGU as provided by Section 3 of this Article I; provided, however, that termination hereof shall not occur earlier than the date all bonds, notes or other evidences of indebtedness of FGU and the interest thereon shall have been paid in full or adequate provision for such payment shall have been made in accordance with the instruments governing such bonds, notes or other evidences of indebtedness and all other contractual obligations undertaken by FGU, all obligations and liabilities, and all liens, charges and encumbrances to which property of FGU is subject, shall have been satisfied, released or adequately provided for; however, any Member, by written notice to FGU and each of the other Members, may terminate its participation in this Agreement subject to the continuing obligation with respect to any contractual obligations undertaken by such Member, including any obligations with respect to a gas services agreement, a gas supply contract or a project support contract between such Member and FGU, or any similar contract outstanding from time to time, as such contracts may be amended or supplemented from time to time. Attachment number 2 Page 5 of 47 Execution Copy March 25, 2011 3 Section 3. Dissolution of FGU. This Agreement shall continue in full force and effect, and FGU shall continue to possess the powers herein conferred upon it, until the parties shall have rescinded this Agreement (in accordance with this Section 3 or it shall terminate with respect to all Members (in accordance with Section 2 of this Article I. Any such termination or rescission of this Agreement shall constitute a dissolution of FGU. Rescission or termination of this Agreement by all Members may only be accomplished by a writing or writings executed by each Member and approved by resolution of each Member’s governing body. In no event shall this Agreement or the powers herein granted to FGU be rescinded or terminated until (a) all bonds, notes and other evidences of indebtedness of FGU and the interest thereon shall have been paid or adequate provision for such payment shall have made in accordance with the instruments governing such bonds, notes and other evidences of indebtedness and (b) all contractual obligations undertaken by FGU, all obligations and liabilities, and all liens, charges and encumbrances to which property of FGU is subject shall have been satisfied, released or adequately provided for. Section 4. Liquidation. Upon dissolution of FGU, the Executive Committee, under the supervision of the Board of Directors, shall liquidate the business, assets and property of FGU, as expeditiously as possible, and all property of FGU, real, personal, tangible and intangible shall be distributed (a) in the case of property constituting a part of a project of FGU, to the Members participating in such project and in the manner set forth in Section 2 of Article VI hereof, and (b) in the case of all other property of FGU, distribution of the assets will be in accordance with a plan of dissolution approved by the Board of Directors. Section 5. Effective Date. This Agreement shall take effect immediately upon its being filed as provided in Section 163.01(11), Florida Statutes. ARTICLE II Powers In order to accomplish the purposes set out above, FGU shall have the power, upon action taken by its Board of Directors, as may be delegated to its Executive Committee by such action, by its bylaws or by the powers granted by this Agreement to: Attachment number 2 Page 6 of 47 Execution Copy March 25, 2011 4 A. Make and enter into contracts in its own name with its Members, the United States, the State of Florida, foreign states or countries, other public agencies and interlocal agencies and persons, both within and without the State of Florida; B. Acquire, construct, obtain, receive, purchase, lease, sublease, import, hold, own, use, operate, manage, maintain, pledge, hypothecate, improve, retain, dispose of, sell, donate, trade, transfer, deliver and convey real property and both tangible and intangible personal property inside and outside the State of Florida; C. Acquire, plan, finance, construct, obtain, receive, purchase, lease or sublease any property and acquire by lease or sublease any property and cause the rentals paid to be certificated and sold, share cost of, hold, own, use, operate, manage, maintain, pledge, hypothecate, improve, retain, dispose of, sell, donate, trade, transfer, deliver and convey any joint supply project or projects and any and all facilities, including all equipment, structures, machinery, and tangible and intangible property, real and personal, useful or incidental to explore for, produce, manufacture, acquire, receive, purchase, contract for, own, use, consume, possess, insure, store, transport, transmit, dispatch, sell, convey, broker, trade, exchange, interchange, deliver, distribute, import, export, encumber, pledge, engage in commodity swaps and otherwise deal in natural gas, manufactured gas, fossil fuels, and other energy and energy sources and interests therein, present and future, of whatsoever kind or nature (collectively, “energy”); D. Acquire, obtain, maintain, hold, own, or dispose of any interest in natural and manufactured gas, fossil fuels and other energy by exploration, production, lease, manufacture, importation, purchase, trade, contract, franchise, futures contract, exchange and interchange; E. Dispose of supplies of natural and manufactured gas, fossil fuels and other energy by use, consumption, sale, gift, trade, exportation, contract, futures contract, exchange and interchange; F. Explore for, produce, manufacture, acquire, receive, purchase, contract for, own, use, consume, hold, possess, insure, store, transport, transmit, dispatch, sell, convey, broker, trade, exchange, interchange, deliver, distribute, import, export, encumber, pledge and otherwise deal in natural gas, manufactured gas, fossil fuels, and other energy and interests therein, present and future; G. Investigate the desirability of and necessity for additional sources of natural gas, manufactured gas, fossil fuels, and other energy, and Attachment number 2 Page 7 of 47 Execution Copy March 25, 2011 5 transmission facilities therefor, and make studies, surveys and estimates as may be necessary to determine the feasibility and cost thereof; H. Acquire, purchase, lease, receive, trade, construct, manufacture, own, hold, use, operate, manage, maintain, repair, exchange, sell, donate, pledge, hypothecate, transfer, deliver, and convey facilities, systems, apparatus, devices, plants, conduits, pipelines and other real, personal and intangible personal property for the exploration, production, manufacture, importation, storage, transportation, transmission, purchase, receipt, delivery, distribution, sale, exchange and interchange of natural gas, manufactured gas, fossil fuels, and other energy; I. Acquire, purchase, own, hold, use, broker, lend, borrow, aggregate, disaggregate, pool, relinquish and transfer rights, allocations, franchises, licenses, privileges and choses in action entitling the holder thereof to purchase, store, receive, transport, exchange and deliver natural gas, manufactured gas and fossil fuels and other energy in pipelines; J. Cooperate with other persons or other entities, public or private, in the development of sources and supplies of natural gas, manufactured gas, fossil fuels, and other energy, and transmission facilities therefor, and give assistance, financial or otherwise, in any such development; K. Apply to any person or entity, public or private, for consents, permits, authorizations or approvals required for any project undertaken in accordance with this Agreement, and to take all necessary actions to comply with the conditions thereof; L. Enter into interlocal agreements with other entities, whether or not created by interlocal agreements themselves, if such agreements are useful in the furtherance of this Agreement, to the extent permissible under Florida law; M. Acquire, hold, use, pledge and dispose of any or all receivables, income, revenues, funds and money; N. Incur debts, liabilities or obligations which do not constitute debts, liabilities or obligations of the Members, unless specifically agreed by such Members, and, to the extent permissible under Florida law, grant a mortgage or security interest in property acquired through loan proceeds, provided that without each Member’s consent, it shall be non-recourse with respect to such Members; O. Establish, operate and manage a pooled loan project or projects for utilization by FGU or its Members or others duly authorized by FGU; Attachment number 2 Page 8 of 47 Execution Copy March 25, 2011 6 P. Exercise all powers in connection with the authorization, issuance and sale of bonds and bond anticipation notes as are conferred by Section 163.01(7)(d) of Chapter 163, Part I, Florida Statutes, as amended, and any other applicable provisions of law, and by any such other applicable statute hereafter adopted, which may include interest rate swaps, collars, caps and other derivative products; Q. Invest money of FGU not required for immediate use, including, but not limited to, proceeds from the sale of bonds, in such obligations, securities, and other investments as authorized by the investment policies of FGU, any applicable laws and any applicable provisions of any bond resolution or other instruments governing the fund or funds in which the money is deposited; R. Exercise the power of eminent domain, in the manner authorized by law; S. Impose fees and charges necessary to discharge its duties and obligations hereunder, and adopt such rules and regulations, policies and procedures and enact bylaws to implement the powers and authorities granted hereby; T. Procure insurance from such insurers as it deems desirable or to self insure, or both, against risk of loss or liability in connection with its property, operations or assets; U. Employ, engage, discharge and compensate agents, employees and independent contractors; V. Sue and be sued in its own name; W. Enforce all rules, regulations, policies and procedures adopted under the authority of this Agreement, independently, or with the assistance of the Members, and resort to any necessary legal process for this purpose; X. Grant indemnification to its Directors, members of its Executive Committee, other committees, officers, agents and employees, to the extent permitted by law and in the manner set forth in its bylaws; and Y. Exercise all such other powers incidental and useful to the furtherance of the purposes of this Agreement and to the exercise of the powers specified herein, and which the Members may exercise in their individual capacities, and any other powers conferred presently or in the future under the laws of Florida. Attachment number 2 Page 9 of 47 Execution Copy March 25, 2011 7 ARTICLE III Members Section 1. Membership. Members shall be entitled to representation on the Board of Directors and will be entitled to vote as provided herein. Section 2. Duties of Members. To accomplish the purposes of this Agreement, the Members respectively and mutually agree with each other to comply with and abide by all policies as may be established by the Board and operating procedures as established by the Executive Committee. Membership in FGU shall not impair any Member’s right to contract with third parties outside FGU for sales and purchases of gas or other energy, except as may otherwise be agreed by any Member. Section 3. Addition or Withdrawal of Members. New Members may be added to FGU as provided below, as otherwise provided by the bylaws, or as may be provided by the Board. 1. A prospective Member must be a public agency as defined by Section 163.01(2)(b), Florida Statutes, and qualify for membership under Section 163.01, Florida Statutes, as it may be amended; 2. A prospective Member must execute a document of assumption of all rights and responsibilities as are set forth in this Agreement; 3. A prospective Member must execute a gas services contract with FGU granting to FGU the appropriate powers to enable FGU to perform the services which the Member desires to receive; 4. A prospective Member must be accepted for membership by the Executive Committee which will be effective after fifteen (15) business days written notice to the Board of Directors; and 5. A prospective Member must agree to pay its costs as incurred pursuant to the schedule of rates and charges as established by the Board of Directors, the Executive Committee or as otherwise provided by this Agreement. Any Member may resign as a member of FGU as provided in this Agreement, in the bylaws or as otherwise authorized by the Board, subject to such further restrictions or to then existing contractual obligations imposed upon such Member or as shall otherwise be agreed to by such Member and FGU. Attachment number 2 Page 10 of 47 Execution Copy March 25, 2011 8 Upon compliance with the provisions for resignation as provided herein, in the bylaws and pursuant to all applicable regulatory requirements, and to the extent permitted by law or regulations, and as otherwise provided by the contractual obligations of the Members, including gas services agreements, gas supply contracts, project support contracts or similar contracts, or other contractual agreements between or among some or all of the Members, FGU will transfer or cede back to the departing Member the transportation entitlements that the Member transferred or ceded to FGU as well as the Member’s proportional share of any new entitlements secured by FGU for all FGU Members, subject to the provisions of any agreement between the Members and FGU. Such resignation will not extinguish the Member’s obligation to make payments to FGU for all expenses and contractual obligations incurred by FGU for the benefit of the Member as provided herein, and for such other obligations as shall be agreed to by such Member and FGU. ARTICLE IV Board of Directors; Executive Committee Section 1. Board of Directors. The Board of Directors shall be composed of one Director from each of the Members, from which the Board of Directors shall elect a Chair who shall serve at the will of the Board of Directors. The appointment of a Director to represent a Member (sometimes referred to as a “Director Representative”) shall be determined by the governing body of each Member. An alternate Director may also be appointed by each Member who shall serve in the absence or inability of a Director to act or serve at any time during that Director’s term. The appointment of a Director and an alternate Director shall be made in formal session, shall be reflected in the minutes of the meeting of such Member and a certified copy of such evidence of appointment shall be provided to FGU. Each Director and alternate Director shall serve at the pleasure of the governing body of the respective appointing Member and may be removed as Director and alternate Director at any time by action taken with the same formality as the appointment and with the same such notice to FGU. In case of removal of a Director before completion of the term of such Director, unless the alternate Director shall be available to serve, a successor shall be appointed by the Member to serve for the balance of the term. In the event that a Director has been removed, the alternate Director shall serve until a successor Director has been duly appointed. The membership of the Board shall be known as the Florida Gas Utility Board of Directors, herein called the “Board” or “Board of Directors” or an individual member may be known as a “Director.” The Executive Committee, herein “Executive Committee,” shall be selected by the Board of Directors as set forth in Section 7 of this Article IV. Attachment number 2 Page 11 of 47 Execution Copy March 25, 2011 9 Section 2. Duties of the Board of Directors. FGU shall be governed by the Board of Directors, subject to the powers and authorities delegated to the Executive Committee by this Agreement, the bylaws, or other action of the Board. The Board shall select the Chair in accordance with the voting procedures specified below and may replace the Chair by designating a new Chair. The Board shall establish policies and adopt bylaws necessary to accomplish the purposes of this Agreement. The Board shall also approve the annual budget, however the Executive Committee may approve any amendments to the annual budget to be effective after fifteen (15) business days written notice to each member of the Board of Directors of such proposed revision, together with a copy thereof. Any change to this Agreement, the schedule of fees and charges, the membership policy included in the FGU bylaws, the adoption and amendment of the bylaws to carry out the intent and purposes of this Agreement, and the issuance of any bonds, notes or other such debt obligations of FGU, other than current operating indebtedness shall be approved by the Board. The Executive Committee may carry out the issuance of such debt obligations after initial approval by the Board. The Board of Directors may by general resolution, delegate to the Executive Committee, powers in addition to the powers set forth in this Agreement and the bylaws, it being the general intent of the bylaws and this Agreement that the Executive Committee shall be responsible for the executive duties and general management of the business, operations and affairs of FGU. The Directors may, by action taken at a duly called Board meeting, however, revoke the delegation of authority for any proposed action by the Executive Committee, including addition of new Members, approval of amendments to the annual budget and acceptance of the annual audit. Section 3. Meetings of the Board of Directors. The Chair’s function will be to conduct all business meetings of the Board and preside over meetings of the Executive Committee and to perform other activities as directed by the Board or as provided by the bylaws. The Board shall meet at least one time per year in accordance with the bylaws. Additional Board meetings may be called by the Chair or at the request of one Director, and with the concurrence of three (3) or more Directors polled by the General Manager, with evidence thereof recorded in the minutes of the meeting. Section 4. Quorum and Voting. Unless otherwise required by law, a quorum for the purpose of transacting business of FGU by the Board shall be a majority of the weighted voting rights of all Attachment number 2 Page 12 of 47 Execution Copy March 25, 2011 10 Director Representatives, as determined below. The concurring vote of at least seventy per cent (70%) of such weighted voting rights of those Directors who are present, in person, shall be necessary to decide any question. The weighted votes to be exercised by the Director Representative for each Member, shall be determined as set forth below: (1) Membership in FGU will entitle the Director Representative for each Member to at least one (1) vote. (2) For each respective meeting of the Board, the Director Representative of a Member shall be entitled to an additional one to ten (1 – 10) vote(s) based on that Member’s percentage share, as of the "Determination Time" described below, of total pipeline transportation capacity held by FGU for its Members or otherwise made available to FGU for the purpose of providing gas supply to Members in accordance with the following schedule: 0-2% 1 vote 2.01-6% 2 votes 6.01-15% 3 votes 15.01-30% 4 votes 30.01-50% 6 votes 50.01-75% 8 votes >75% 10 votes "Determination Time" shall mean the close of business on the business day next preceding the day on which notice of such meeting of Directors is properly given in accordance with the Bylaws. (3) In addition to the voting rights described in clauses (1) and (2) above, a Director Representative shall be entitled to an additional one to ten (1- 10) vote(s) based on his or her respective Member’s percentage share of the total gas throughput (usage) of FGU’s Members for the 12 full calendar months preceding the Determination Time, as determined by FGU staff, subject to the adjustments described below, as allocated in accordance with the following schedule: 0-2% 1 vote 2.01-6% 2 votes 6.01-15% 3 votes 15.01-30% 4 votes 30.01-50% 6 votes 50.01-75% 8 votes Attachment number 2 Page 13 of 47 Execution Copy March 25, 2011 11 >75% 10 votes In determining a Member’s percentage share of the total gas throughput (usage) for such 12 preceding months for purposes of the foregoing calculations, staff shall exclude historical gas deliveries to such Member that are not scheduled to continue at the same relative levels during the next succeeding 12 consecutive months under either the Member’s standard Gas Services Agreement or under ongoing Special Projects. Notwithstanding the other provisions of this Interlocal Agreement, the Chair or a majority of the Directors, present in person and entitled to vote at any meeting of the Board, whether or not a quorum is present, shall have the power to adjourn such meeting, from time to time, without any notice other than announcement at the meeting of the time and place of the holding of the adjourned meeting. If the adjournment is for more than thirty (30) days, or if after the adjournment a new record date is fixed for the adjourned meeting, a notice of the adjourned meeting shall be given to each Director entitled to vote at such meeting. At such adjourned meeting at which a quorum shall be present or represented any business may be transacted which might have been transacted at the meeting as originally called. All notices required by law shall be given. Notwithstanding the weighted voting procedures described above, the Board shall not approve any amendment to this Interlocal Agreement, except at the Annual Meeting or a special meeting duly called for such purpose, in each case upon at least twenty (20) business days prior written notice to each Member specifying in such notice the amendment or amendments to be approved. Approval of any such proposed amendment shall require the affirmative vote of not less than seventy percent (70%) of all Directors based on the weighted voting procedures set forth in this Section 4. Section 5. Vacancies on the Board of Directors. Any vacancy on the Board of Directors shall be filled by the Member who appointed the Director by written notice to FGU (Attention: the Secretary) in accordance with the provisions of Article IV, Section 1 hereof. The filling of any vacancy on the Board of Directors shall be effective upon receipt of such notice. Section 6. Bylaws. The Board of Directors shall adopt bylaws governing rules of order and other subjects required for the conduct of FGU’s business in a manner not inconsistent with this Agreement. Attachment number 2 Page 14 of 47 Execution Copy March 25, 2011 12 Section 7. Executive Committee. The Board of Directors shall select the members of the Executive Committee and alternate members of the Executive Committee, based on nominations from a nominating committee selected by the Chair and on nominations from the floor. Each member of the Executive Committee and each alternate shall be a Director. The terms of the Executive Committee members, and the method for recall of members shall be as designated in the bylaws. The Board shall select, recall and replace members of the Executive Committee in accordance with the bylaws. The Executive Committee shall be composed of the Chair of the Board, the Vice Chair (each of whom may be selected from any Member classification), two (2) Directors representing municipal gas distributors (LDCs), two (2) Directors representing municipal electric power generators, one (1) at large Director and three (3) or more alternate Directors (each of whom may be selected from any Member classification). Members of the Executive Committee shall serve at the will of the Board. Concurrently with the selection of regular Executive Committee members, the Board shall designate three (3) or more alternate members of the Executive Committee (each an “alternate”), each of whom shall be a Director selected from any Member classification. Alternate members of the Executive Committee, in the order of priority designated by the Board, shall fill any vacancy on the Executive Committee if a member or members of the Executive Committee shall be unavailable to serve for a particular meeting. The alternates shall only serve upon the inability or failure of a regular member of the Executive Committee to attend a particular meeting for any reason. Members of the Executive Committee and such alternates shall be subject to recall by the Board regardless of whether or not the member’s or alternate’s term has expired. If an individual ceases to be a Director for any reason, he or she shall also concurrently cease to be a member of the Executive Committee and will be succeeded in office by the first alternate described below. If a regular member of the Executive Committee resigns or ceases to be a Director, the first alternate member then remaining (based on the succession priority established by the Board) shall automatically become a regular member of the Executive Committee for the departing member’s remaining term, or until a new regular member of the Executive Committee is elected by the Board. The Executive Committee shall meet at least one time per quarter or more often if necessary upon call of the Chair, or upon request of two (2) or more members of the Executive Committee. Any such meeting may be cancelled as Attachment number 2 Page 15 of 47 Execution Copy March 25, 2011 13 provided in the bylaws. Five (5) members of the Executive Committee shall constitute a quorum. Each member of the Executive Committee will have one (1) vote and the vote of a majority of those members of the Executive Committee who are present shall be necessary to decide any question. Section 8. Duties and Powers of the Executive Committee. The Executive Committee shall have the authority to manage the executive and business affairs of FGU directly or through a contract with a Member for management services, or through a combination of direct management and contractual services. The Executive Committee shall have all of the power and authority granted by this Agreement and as provided by the bylaws or other action of the Board, and not reserved exclusively to the Board. The Executive Committee may make revisions to the annual budget for FGU which will be effective after fifteen (15) business days written notice to each member of the Board of Directors of such proposed revision, together with a copy thereof. The Executive Committee shall establish all operating procedures necessary to conduct the daily business of FGU and shall have the authority to approve all contracts on behalf of the Board and to delegate the approval of operational contracts as necessary to facilitate the daily business of FGU. The Executive Committee shall approve all operating procedures used by FGU in carrying out its duties and obligations. The Executive Committee shall have the authority to direct the Chair of the Board or the General Manager to execute all contracts approved in accordance with this Agreement or the bylaws and to direct FGU’s staff to execute all operational contracts whether specifically approved by the Executive Committee or approved by staff in accordance with operating procedures established by the Executive Committee. The Executive Committee shall appoint a General Manager for FGU subject to approval by the Board of Directors. The General Manager may be a direct employee of FGU, an employee of a Member providing management services under contract to FGU, a contract employee of FGU or a contract employee of a Member providing management services under contract to FGU. The General Manager may select or hire agents or employees as the Executive Committee may from time to time determine to be necessary to follow the policies of the Board, but except for the General Manager, the Executive Committee shall have no direct supervisory authority over any direct employee of FGU, any employee of a Member providing management services under contract to FGU, or any contract employee of a Member or FGU. The business and affairs of FGU shall be managed by the General Manager under the general direction of the Executive Committee through the Chair in accordance with policies established by the Board of Directors, and subject to the restrictions imposed by law and this Agreement. The General Manager shall Attachment number 2 Page 16 of 47 Execution Copy March 25, 2011 14 receive direction from the Chair on behalf of the Executive Committee but shall not receive direction from any single member of the Executive Committee except through the Chair. The Executive Committee may accept and disburse funds for FGU on behalf of the Board which are appropriated to FGU either by any governmental body or from whatever source. The Executive Committee may apply for and receive grants and donations of all kinds on behalf of FGU, and it may expend all such funds for any lawful purpose consistent with the general purposes and policy of the Board. Section 9. Meetings by Electronic Communications. Meetings of the Board of Directors, except for the Annual Meeting, and meetings of the Executive Committee may be held by telephonic conference call or other electronic communications by means of which all persons participating in the meeting can hear the other at the same time. Participation by such means shall constitute presence in person at a meeting. ARTICLE V Officers Section 1. Number, Titles and Term of Office. The officers of FGU shall be a Chair of the Board, a Vice Chair of the Board, a General Manager, a Chief Financial Officer and a Secretary, and such other officers as the Board of Directors may from time to time elect or appoint or as provided by the bylaws. The Chair, the Vice Chair and the Secretary shall each hold office for a term of two (2) years or as such term may be extended by the Board of Directors until such officer’s successor shall be duly elected and shall qualify or until such officer’s death or until such officer shall resign or shall have been removed or as shall otherwise be provided by the bylaws. The Chair and Vice Chair shall not be entitled to serve a successive, consecutive term after serving for two (2) consecutive terms of two (2) years each. The offices of General Manager and Secretary may be held by the same person. Except for the Chair and the Vice Chair, no officer need be a Director. Section 2. Powers and Duties of the Chair of the Board. The Chair of the Board shall preside at meetings of the Board and the Executive Committee. In the event the Chair cannot be present at a meeting, the Vice Chair shall perform this responsibility, or in the absence of the Vice Chair, another Director designated by the Chair, or Vice Chair, as the case may be, shall Attachment number 2 Page 17 of 47 Execution Copy March 25, 2011 15 preside. The Chair shall have the power and authority to execute all documents on behalf of and bind FGU for all lawful obligations, and shall have all other powers and authorities granted to the General Manager. Section 3. Powers and Duties of the Vice Chair of the Board. The Board of Directors may appoint and assign areas of responsibility to the Vice Chair of the Board, and, in such event, and subject to the overall direction of the Chair of the Board and the Board of Directors, the Vice Chair of the Board shall be responsible for supervising the management of the affairs of FGU assigned to the Vice Chair. In the absence of the Chair, or in the event of the Chair’s inability or refusal to act, the Vice Chair of the Board shall perform the duties of the Chair, and, when so acting, shall have all the powers of and be subject to all the restrictions upon the Chair. Further, the Vice Chair of the Board shall have such other powers and duties as designated in accordance with the bylaws and as from time to time may be assigned to the Vice Chair of the Board by the Board of Directors or the Chair of the Board. Section 4. General Manager. The General Manager shall be the chief executive officer of FGU and, subject to the general direction of the Executive Committee and in accordance with its operating procedures, shall have general executive charge of the properties, business and operations of FGU with all such powers as may be reasonably incident to such responsibilities, shall execute all leases, contracts, bonds and other evidence of indebtedness and other obligations in the name of FGU and shall have such other powers and duties as designated in accordance with the bylaws or as are from time to time assigned or delegated to the General Manager by the Executive Committee. Section 5. Chief Financial Officer. The Chief Financial Officer shall have the custody of all funds and accounts of FGU and maintain complete and accurate financial records of all transactions, prepare financial statements, have the authority to execute all leases, contracts, bonds and other evidence of indebtedness and other obligations in the name of FGU and perform such other duties and have such other authority and powers as the Board may from time to time prescribe or as the General Manager may from time to time delegate. The Chief Financial Officer shall function under the general direction of the General Manager and in accordance with FGU policies and procedures. Attachment number 2 Page 18 of 47 Execution Copy March 25, 2011 16 Section 6. Secretary. The Secretary shall keep the minutes of all meetings of the Board of Directors, the Executive Committee and all other committees of the Board of Directors in books provided for that purpose; shall attend to the giving and serving of all notices in the name of FGU; shall have charge of the books and papers of FGU as the Board of Directors may direct, all of which shall be open for inspection by any Director during normal business hours at the principal office of FGU, upon advance written request to the Chair; shall have such other powers and duties as designated in the bylaws and as from time to time may be assigned to the Secretary by the Board of Directors, the Chair of the Board, and the Vice Chair of the Board; and shall in general perform all acts incident to the office of Secretary, subject to the control of the Board of Directors, the Chair, or the Vice Chair. Section 7. Resignation. Any officer may at any time resign his office by the delivery of a resignation in writing to FGU (Attention: the Secretary). Such resignation shall be effective upon receipt or such later time as FGU shall approve, and acceptance thereof shall not be necessary to make it effective unless it so states. Section 8. Removal of Officers. Any officer may be removed from office at any time in accordance with the bylaws. Attachment number 2 Page 19 of 47 Execution Copy March 25, 2011 17 ARTICLE VI Special Projects Section 1. Special Projects. The Board may agree to undertake a project involving investment of capital, other than minor capital expenditures, and for the investigations of the desirability of establishing a project or taking other action (“Study Project”) and may elect to establish a separate budget or budgets for such projects. All Members shall be afforded an opportunity to participate on an equitable basis in any project and the Board may permit other public entities to participate. When a project is operational, if less than all Members, or if non-members, are participants, FGU may maintain a separate subsidiary operating account on each such project which will demonstrate the financial relationship between the project and FGU’s general operating budget. Special projects shall be implemented and carried out as provided by the Executive Committee. Section 2. Termination of Projects. Upon the termination of any project of FGU (other than a Study Project) and after: A. all bonds, notes or other evidences of indebtedness of FGU with respect to such project, and the interest thereon, shall have been paid or adequate provision for such payment made in accordance with the provisions of such bonds, notes or other evidences of indebtedness, and B. all contractual obligations undertaken by FGU with respect to such project and all liens, charges and encumbrances to which the property constituting a part of such project is subject shall have been satisfied, released or adequately provided for, then all property, real, personal, tangible and intangible of FGU constituting a part of such project shall promptly be divided among and distributed to the parties participating in such project in the proportion that each party’s participation in such project bears to the participation of all parties participating in such project, or in such other manner as such parties shall agree. ARTICLE VII Miscellaneous Attachment number 2 Page 20 of 47 Execution Copy March 25, 2011 18 Section 1. Recovery of Costs. FGU shall be a not-for-profit entity, whose actual operating costs will be reimbursed by the Members and customers in accordance with policies adopted by the Board. In addition, each Member will be obligated to reimburse FGU for its share of all gas or other energy supply, transportation and other costs incurred by FGU for the primary benefit of such Member in accordance with the bylaws and policies adopted by the Board. Section 2. Accumulated Net Revenues. After all expenses and obligations of FGU are provided for, any surplus revenue over and above expenses of FGU and any reserve fund established by the Board and funded by the budget will be proportionately returned to the Members or other entity in accordance with the bylaws and policies adopted by the Board, or as provided by any bond resolution or trust indenture adopted by FGU for the issuance of bonds or other indebtedness. Section 3. Fiscal Control. FGU shall maintain its financial records in accordance with generally accepted accounting principles. An annual budget shall be adopted by the Board. All financial activities shall be audited by a certified public accountant at the conclusion of each fiscal year. Members shall be furnished copies of the annual audit and all other financial records they may from time to time request. Section 4. Filing with Clerk of Circuit Court. A copy of this Agreement and all subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of the County where FGU maintains its principal place of business. Section 5. Amendments. This Agreement may be amended when initiated by any Director by notifying the Board and providing the text of the proposed change in writing to the Board at least twenty (20) business days prior to a vote thereon. No proposed amendment shall be effective unless approved by a weighted vote of seventy per cent (70%) of the Member votes of FGU as specified in Article IV, Section 4 hereof. Section 6. Prohibited Transactions with Staff. Except for routine communications dealing with service personnel pursuant to gas service or supply agreements, no Director, member of the Executive Attachment number 2 Page 21 of 47 Execution Copy March 25, 2011 19 Committee, in each case, except for the Chair, or Member shall give orders or directives to the staff of FGU. Section 7. Seal. The Board of Directors may adopt a seal of FGU and shall have the authority to change or alter such seal. Section 8. Effect on Prior Agreement. This Agreement amends in its entirety and supersedes and shall take the place of the Interlocal Agreement dated September 1, 1989, the Amended Interlocal Agreement dated June 1, 1992, the Amended and Restated Interlocal Agreement dated as of July 1, 1996 and the Second Amended and Restated Interlocal Agreement dates as of July 27, 1999. Section 9. Execution in Counterparts. This Agreement may be executed in any number of counterparts and the counterparts collectively shall constitute the agreement of the parties. Attachment number 2 Page 22 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. THE CITY OF BLOUNTSTOWN a Municipal Corporation ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 23 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. THE CITY OF CHIPLEY a Municipal Corporation ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 24 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. Countersigned: CITY OF CLEARWATER, FLORIDA ____________________________ By: _______________________________ Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ ___________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk #9828727_v4 Attachment number 2 Page 25 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. CITY OF CRESCENT CITY a Municipal Corporation ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 26 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. CITY OF DEFUNIAK SPRINGS a Municipal Corporation ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 27 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. FLORIDA MUNICIPAL POWER AGENCY ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 28 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. THE CITY OF FORT MEADE a Municipal Corporation ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 29 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. FORT PIERCE UTILITIES AUTHORITY ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 30 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. CITY OF GAINESVILLE, D/B/A GAINESVILLE REGIONAL UTILITIES ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 31 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. THE CITY OF HOMESTEAD a Municipal Corporation ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 32 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. THE TOWN OF JAY a Municipal Corporation ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 33 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. KISSIMMEE UTILITY AUTHORITY ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 34 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. THE CITY OF LAKE CITY a Municipal Corporation ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 35 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. THE CITY OF LAKE WORTH a Municipal Corporation ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 36 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. CITY OF LAKELAND ATTEST: a Municipal Corporation ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 37 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. CITY OF LEESBURG a Municipal Corporation ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 38 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. CITY OF LIVE OAK a Municipal Corporation ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 39 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. THE CITY OF MARIANNA a Municipal Corporation ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 40 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. ORLANDO UTILITIES COMMISSION ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 41 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. PALATKA GAS AUTHORITY ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 42 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. CITY OF PERRY ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 43 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. THE CITY OF STARKE a Municipal Corporation ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 44 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. CITY OF SUNRISE ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 45 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. CITY OF VERO BEACH ATTEST: By:___________________________ By:___________________________ City Clerk Mayor By:___________________________ City Manager Approved as to Form: By:___________________________ City Attorney Vero Beach, Florida #9828727_v4 Attachment number 2 Page 46 of 47 19 IN WITNESS WHEREOF, the Members have entered into this Agreement and have caused it to be executed by their duly authorized officers. THE CITY OF WILLISTON a Municipal Corporation ATTEST: ___________________________ By:___________________________ Approved as to Form and Legality By:___________________________ #9828727_v4 Attachment number 2 Page 47 of 47 !"# $$%&!' 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D $ - -$ >$ > $A> A> $>$ A > $ >A - > $ D -$ @ <!#!7$ $ - > J -$C >G # D 7A #$$ $D >@ +!$! $$A D D $$A $- >A >$ > > 7A $2$ $D@ %!!7C $$A >$$ -$ ->@ Attachment number 3 Page 9 of 54 F 5!!6 $ $ $ A D $ $ $ A > %$ > $$A% $2$ $DA AA C A$- D %K $$4D %@ .!! $ A$$G G > $ J 28: % $ J28:@ "!! $$D D J $> >) F/!?> F/" 62$ ) $ $- >$D $ $ > D $ D$$ - - @ E!C!6- >28: C > $ A $ > $> $ A - J - $ >28: $ $$D$ $- >$ A- A >> D @ '!! D> J$D@ )!!6>A A $ A $A$ $ $D $ D A @ ! !" > $ $> A #>$$ $ D @ :!!$AA A A $ @ =!-!) 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A- > $ - ?M> D A - A A > D $$ C !D A - ' ->%$$ D %K A> $$> A $ A 28: A D - % > $D !% 28:D $$ $% - !% 28:D $$ $ ' ->% $ - ! !6>% >$$> > A $ 28: > $ > > A $ > 28: AAAA A> $> AAA $> A $ >28: C$ $ > -0M %D $$ $ $- > $> D- ! /!6> A>%K$> A $ > 28: A > -0M $ D M > $> AAA $> A Attachment number 3 Page 14 of 54 $ >28: %D $$ $ D $- > $> /- ! 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Attachment number 3 Page 17 of 54 B %> - $ $$G $$ (A$>D K$ K !6> - $ > $$$ $ > - D $$ >> > $ $D!6>A$> - A > $ A $ ($$ $$A$> - > AK A $DA$> - $ (! - $$ $ C > >$$> C > D > - !7 A$$- $D!2 -0> - $$ C!> - D $$-- - >G > > - D $$ C !$ > - D $$ - > $$- - > > > A! ) 3!) 3 "D> - ! - $$- A - >> >28: $ A D %>A - A > A $- ! - $$-$$> D A 7A - $D > ( -$ -$ (! - #- $A >28:D D $$>> -> > > 0 D > (> >- A D >! - $$ $ $$ A $ >28:$$- -$$ $>> ( $A -$> $ > $ $ >28:! - $$-$$ A28: A $ A ! - $$- > ( 8$%A $$ - D 7A $D 28:K >> $$ $ D > $$ Attachment number 3 Page 18 of 54 0 - - - >> D A $ - ! - $$ 8$%A>28: G -$ (> !8$%A $>28:$>%- AA - 28: $>28: $>%- AA - 28:!8$%A $ A $ - > >$$D $ > ( > 8$%A - $$- - - $>28:$>%- AA - 28: $>% 28:! >> >28:$$A 8$%A A$ > - A D $ $ (> G $D 7A !8$%A$$ - > $>> - $$ - > A$> - A ! - >>28: $>> (D 28: A- $>D -! - $> -A >$$# $>>28: $$>>$D>$ D A$$ > (! ) *!) * % A$ ! % A> (> > 7$% A A> - $ $ >$$ $ >D $$ A A !" $$ A! Attachment number 3 Page 19 of 54 F 7'6 +=7'6 +=!.>> ) !) 5 $>.>> ! >> >28:$$ > (= > (8$%A >2 $.>> ) >> (> > $ - $D! = ) $$$ >> > > D (> $>> K$$$$ $$C$ > $>> K $>> $$ A$$--$$ D - $D! = $$ $ - - - > - A> D - > D!>> >8$%A) $ ! > = >> ! ) !) "D > > (! > ($$ A> ( - !6 - A = $$> $ > = A = $$ ! $$- D $$ $>> 28:>$$$D>$$ A $$-$$ D A 8$%A! ) /!) / "D > = > (! (> A> $ = > ( - G -$$ > > ( (> = > ($$ $>- A A > >> >28: A = !6 > - > K $ >$ = > ($$> > D A$$-$$ D>G $$ !2 = > ($$- D A D $D> A = > ( (> > (! Attachment number 3 Page 20 of 54 ? ) B!) B 8$%A! 8$%A$$ > ->> >28:G A$ > - D A$$-A$ -A> >28:D $$D$ $ $$ $$$ - > $ A >28:$$- D A D $D> A$A 8$%A - ! ) 0! >2 $.>> ! >2 $.>> $$- >$$> >28: $ > $>$$ > $ - $$$ - > $ A >28:> - D (> 8$%A> $A ! >2 $.>> $$> A$ > 8$%A D 28:$ ! ) F!) 0 ) ! ) $$# >$$ A> (> - $$ > (> #- > @$$ A - A- A>$$ >28:@$$-A> #>28: (> $$>D $$ $$$ > > G C > $D$ K>> A$ $>> >28:-D C @$$- D A $D> A ) (> > ( = > (@$$ A$>$$ >> > ) G $> (> = ! ) ?!) F ' A ! Attachment number 3 Page 21 of 54 3 7>> A >> $ -> A D A 28:7 ) !) A $$>> - $ 28:$$- >$$ # >> -$ ! ) 3!) ? '-$>.>> ! 7>> ->>> D $D! 7'6 +=67'6 +=6!) $"G ) !) ) $"G ! (A #G -$- A - > $ $ > - A > $ > $ AG # A H) "G I$ $ A A >G !7$$%$$>> C $ G ( $ !,G $ >$ $$% >4 28: A G D D $$ > $$ D G 28:KA$ AA !) $G $$ $ - - ! ) !) >"G ! : >G >28: ) "G > 7!$$ - > >28:D G $$- C - > D - > - > (!$$ $$ A #28:D G $$$ A D A >G G $$- > $ C $- > Attachment number 3 Page 22 of 54 * $$ $$ A $ A $>28: A >G $$ $ - A A G K G >$$ A G $$A! 7'6 +=667'6 +=66!% $$ ) !) '-> ! 28:$$ 4>4> D $ A D $$ % D $ (!6 %D $$$ A 28:> >$$A A$ 28:> > >% D $D$ (! ) !) 7$ 5 '-! 7> $$$ A >28:- >$--->28:-> $ (> A D $$ $ % D $D$ (- $ 28:> > ! ) /!) / 2 $ $! 28:$$ > $ D A$$ A $!7$A $$ (!7$$> $ - $$ > $ $ >> $!%$$> > $ $$ > $ > C ! ) B!) B 2 $ AD $#> ! 7> 7A $$C $$> $D $#> > D > % $ D A > ) >2$ C $D D28: $$> ! Attachment number 3 Page 23 of 54 ) 0!) 0 7 ! 7A D > A (- A > A D A ( $ D - !5 $$>> -$-D A - >- ?M> %- >28: > 7 $6=) B>! ) F!) F " D ) >>! > $ AD - $ A- $A > - > %$$A - - >>>28:! ) ?!) ? )$! (> $>28:$$- A$ $! ) 3!) 3 >> " 7A ! 7A $$ # $> 6 $$7A ) *3* 7 6 $$7A &** 7' 6 $$7A >&$**F!**F )7' 6 $$7A >&$?***! ) *!) * ! 7A > $$ -$$$ A > ! Attachment number 3 Page 24 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 1 69.2(+.:5).,5 % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 25 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 1 69.2 16"+9% $ 7) ( 7- 2+A$ ( Attachment number 3 Page 26 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 1 69.2 +7',7' % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 27 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 69.2 ') 5 69 % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 28 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 69.22:567<)"'658) % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 29 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 2+.'67%:56 6"7+".,'785 9 7) ( 7- 2+A$ ( Attachment number 3 Page 30 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 1 69.22.'%7 % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 31 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 2.'"6' :6+66)7:1.'697) ( 7- 2+A$ ( Attachment number 3 Page 32 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 69.28765)=6++;(;7 8765)=6++'86.57+:6+66) 7) ( 7- 2+A$ ( Attachment number 3 Page 33 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 1 69.21.%)7 % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 34 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 1.,5.2&79 % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 35 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! <6))6%%:6+697:1.'69 7) ( 7- 2+A$ ( Attachment number 3 Page 36 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 1 69.2+7< 69 % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 37 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 1 69.2+7<,.'1 % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 38 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 69.2+7<+75 7) % $ ( 7- 2+A$ ( Attachment number 3 Page 39 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 69.2+)(:'8 % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 40 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 69.2+6=.7< % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 41 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 1 69.2%7'67557 % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 42 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! .'+75.:6+66) .%%6))6.5 7) ( 7- 2+A$ ( Attachment number 3 Page 43 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! "7+7<787)7:1.'69 7) ( 7- 2+A$ ( Attachment number 3 Page 44 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 1 69.2)! +.:.2"''9 % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 45 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 1 69.2)7'< % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 46 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 69.2):5'6) 7) ( 7- 2+A$ ( Attachment number 3 Page 47 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 69.2='.(7 1 7) ( ( $#% ( %A7- 2 ( 7 =(2$ Attachment number 3 Page 48 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 1 69.2,6++6).5 % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 49 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 1.,5.2&79 % $ 7) ( 7- 2+A$ ( Attachment number 3 Page 50 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 2+.'67%:56 6"7+".,'785 9 7) ( 7- 2+A$ ( Attachment number 3 Page 51 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! 2.'"6' :6+66)7:1.'69 >2 " 7) ( 7- 2+A$ ( Attachment number 3 Page 52 of 54 3* 65,65)),1'.2 %- 7A - $ J>> ! <6))6%%:6+697:1.'69 7) ( 7- 2+A$ ( Attachment number 3 Page 53 of 54 ! !!"#$"%&'( !) * + ",,-.(+,' ,/ /0 0,! 1/ /0 0!2' 34+ ' ) '5 6 7 89:678:;++"<'.,$ % ) * + ",,-.(+,' ,/ /0 0,# 1/ /0 0#2' 34' ) '5 6 7 89:678:;++"<'.,$ % = 5 ! ) ( +,( 5 5 > ) %0 !0 ( $ ( $ + 5 6 5 5 % $ Attachment number 3 Page 54 of 54 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Approve a Utility Work By Highway Contractor Agreement with the State of Florida’s Department of Transportation to install natural gas mains during improvement project, FPN: 409155-1-56-01/Pinellas County, SR688 (Ulmerton Rd) from West of By-Pass Canal to East of Wild Acres Rd, at an estimated cost of $260,440.50, adopt Resolution 11-14, and authorize the appropriate officials to execute same. SUMMARY: The Florida Department of Transportation (FDOT) has a project to widen/improve SR688 (Ulmerton Rd) from West of By-Pass Canal to East of Wild Acres Rd, including roadway, sidewalk, signalization, drainage and other improvements. We propose to install approximately 7,400 feet of gas main, which will replace 95% of our existing facilities due to construction conflicts. Under the Utility Work By Highway Contractor Agreement (UWHCA), the State of Florida’s Department of Transportation general contractor will perform the relocation/replacement of our existing natural gas mains. Having the State of Florida’s Department of Transportation general contractor install the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments. Funding for this agreement is available in capital project 315-96377 – Pinellas New Mains and Service Lines. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:260,440.50 Annual Operating Cost:260,440.50 Not to Exceed:260,440.50 Total Cost:260,440.50 For Fiscal Year:10/1/2010 to 9/30/2011 Appropriation CodeAmountAppropriation Comment 315-96377 260,440.50Pinellas - New mains and service lines Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) City Manager 5) Clerk Cover Memo STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 1 of 9 Form No. 710-010-22 UTILITIES 10/04 Financial Project ID: 409155-1-56-01 Federal Project ID: County: Pinellas State Road No.: 688 District Document No: Utility Agency/Owner (UAO): Clearwater Gas System, Inc. THIS AGREEMENT, entered into this ______ day of__________, year of______, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and Clearwater Gas System, Inc., hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as SR 688 (Ulmerton Road) W. of Seminole By-pass Canal to E. of Wild Acres Rd, State Road No.: 688, hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT’s contractor as part of the construction of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Design of Utility Work a. UAO shall prepare, at UAO’s sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the “Plans Package”) on or before June , year of 2011. b. The Plans Package shall be in the same format as the FDOT’s contract documents for the Project and shall be suitable for reproduction. c. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT’s Utility Accommodation Manual and the FDOT’s Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT’s contract documents for the Project. If the FDOT’s Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT’s guidelines on preparation of technical special provisions and shall not Attachment number 1 Page 1 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 2 of 9 Form No. 710-010-22 UTILITIES 10/04 duplicate or change the general contracting provisions of the FDOT’s Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. f. UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages: Phase IV Design submittal. Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT’s production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT’s review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT’s files as requested by the UAO; however, the UAO shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. I. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: N/A. These exceptions shall be handled by separate arrangement. j. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT’s expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT’s expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. l. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: To be submitted at a later date. (Note: It is the intent of this line to allow either attachment of or separate reference to the permit). 2. Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT’s requirements. c. If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work exceeds the FDOT’s official estimate for the Utility Work by more than ten percent (10%) and the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT’s contract by notifying the FDOT in writing within 10 days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Attachment number 1 Page 2 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 3 of 9 Form No. 710-010-22 UTILITIES 10/04 Project by the FDOT’s contractor. d. If the UAO elects to remove the Utility Work from the FDOT’s contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT’s standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT’s contractor in constructing the Project. e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package, except for the following activities: and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. f. Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in accordance with Subparagraph 2. e., the FDOT will perform all contract administration for its construction contract. g. The UAO shall fully cooperate with the FDOT and the FDOT’s contractor in all matters relating to the performance of the Utility Work. h. The FDOT’s engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT’s engineer. In so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT’s engineer shall determine are necessary for the prosecution of the Project. I. The UAO shall not make any changes to the Plans Package after the date on which the FDOT’s contract documents are mailed to Tallahassee for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT’s contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. 3. Cost of Utility Work a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT’s engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a. b. The initial estimate of the cost of the Utility Work is $225,490. At such time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT’s contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. c. At least fourteen (14 ) calendar days prior to the date on which the FDOT advertises the Project for bids, the UAO will pay to the FDOT an amount equal to the FDOT’s official estimate; plus 5% for administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the Contingency Fund). Attachment number 1 Page 3 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 4 of 9 Form No. 710-010-22 UTILITIES 10/04 d. Payment of the funds pursuant to this paragraph will be made (choose one): directly to the FDOT for deposit into the State Transportation Trust Fund. as provided in the attached Memorandum of Agreement between UAO, FDOT and the State of Florida, Department of Financial Services, Division of Treasury. Deposits of less than $100,000.00 must be pre-approved by the Department of Financial Services and FDOT Comptroller's Office prior to execution of this agreement. e. If the portion of the contractor’s bid selected by the FDOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO’s election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the additional amount, regardless of when the accepted bid is posted. f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FDOT or his designee. g. Should contract modifications occur that increase the UAO’s share of total project costs, the UAO will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. h. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written concurrence promptly and the FDOT determines that the work is necessary, the FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Subparagraph 3. e. for future use as the Contingency Fund. I. Upon final payment to the Contractor, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO Attachment number 1 Page 4 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 5 of 9 Form No. 710-010-22 UTILITIES 10/04 for a period of three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against UAO a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT’s contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. c. In the event the FDOT’s contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT’s contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT’s contractor. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out-of-Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph e. below. c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the FDOT or other permittees using or seeking use of the right of way. e. The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT Attachment number 1 Page 5 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 6 of 9 Form No. 710-010-22 UTILITIES 10/04 determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the FDOT’s notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO’s expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT’s own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 6. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. (4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FDOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties. (5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (6) Pursue any other remedies legally available. (7) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from the UAO. (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. Attachment number 1 Page 6 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 7 of 9 Form No. 710-010-22 UTILITIES 10/04 (3) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. 7. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT’s failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON-GOVERNMENT-OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO’s obligation to indemnify, defend, and pay for the defense or at the FDOT’s option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT’s notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO’s obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO’s inability to evaluate liability or because the UAO evaluates liability and determines the Attachment number 1 Page 7 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 8 of 9 Form No. 710-010-22 UTILITIES 10/04 UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT’s delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 9. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT’s contractor has that obligation as part of the Utility Work pursuant to the FDOT’s specifications. c. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Clearwater Gas System, Inc - Clearwater Gas - Brian Lanqille, PE 400 North Myrtle Clearwater, FL 33755 10. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes To Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document. If t If to the FDOT: Ms. Katasha Cornwell 11201 N. McKinley Drive - 7-820 Tampa, FL 33612 Attachment number 1 Page 8 of 9 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Page 9 of 9 Form No. 710-010-22 UTILITIES 10/04 You MUST signify by selecting or checking which of the following applies: No changes have been made to this Form Document and no Appendix entitled “Changes to Form Document” is attached. No changes have been made to this Form Document, but changes are included on the attached Appendix entitled “Changes to Form Document.” IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: Clearwater Gas System, Inc. BY:(Signature) (Typed Name: ) DATE: (Typed Title: ) Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) District Counsel DATE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Typed Name: Brian Mckishnie, PE) DATE: (Typed Title: Interim Director of Transportation) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: ) DATE: (Typed Title: ) Attachment number 1 Page 9 of 9 MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this ________, day of _________, 200__, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury and ( Clearwater Gas System ) hereinafter referred to as the "Participant". WITNESSETH WHEREAS, "FDOT" is currently constructing the following project: Financial Project Number: 409155-1-56-01 County: Pinellas hereinafter referred to as the "Project". NOTE: ONLY THE NEXT TWO PARAGRAPHS MAY BE MODIFIED AS APPROPRIATE WITHOUT PRIOR APPROVAL OF FDOT'S COMPTROLLER. WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement dated ________________, wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the Participant to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the Participant by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in the amount of $ 260,440 (Two hundred sixty thousand four hundred forty dollars) will be made by the Participant into an interest bearing escrow account established by the FDOT for the purposes of the project. Said escrow account will be opened with the Department of Financial Services, Division of Treasury, Bureau of Collateral Management on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. 2. Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements. Attachment number 2 Page 1 of 2 3. All deposits shall be made payable to the Department of Financial Services, Revenue Processing and mailed to the FDOT Office of Comptroller for appropriate processing at the following address: Florida Department of Transportation Office of Comptroller 3717 Apalachee Parkway, Suite B Mail Station 24 Tallahassee, Florida 32311 ATTN: LFA Section A copy of this Agreement should accompany any deposits. When the check is mailed to Tallahassee, the District Office should instruct the Participant to mail the District Office a copy of the check. 4. The FDOT's Comptroller and/or her designees shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LFA. 6. The Department of Financial Services agrees to provide written confirmation of receipt of funds to the FDOT. 7. The Department of Financial Services further agrees to provide periodic reports to the FDOT. STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL SERVICES COMPTROLLER DIVISION OF TREASURY PARTICIPANT SIGNATURE PARTICIPANT NAME & TITLE PARTICIPANT ADDRESS FEDERAL EMPLOYER I.D. NUMBER Attachment number 2 Page 2 of 2 Resolution No. 11-14 RESOLUTION NO. 11-14 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING THE EXECUTION OF A UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING RELOCATION OF NATURAL GAS MAINS FOR THE IMPROVEMENT PROJECT FOR STATE ROAD 688 (ULMERTON ROAD) FROM WEST OF SEMINOLE BY-PASS CANAL TO EAST OF WILD ACRES ROAD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation (“FDOT”) has a project to widen and improve State Road 688, Ulmerton Road, from West of Seminole By-pass Canal to Wild Acres Road, including roadway, sidewalk, other improvements, and utilities to include those existing Clearwater Gas System facilities which conflict with the design; and WHEREAS under the Utility Work By Highway Contractor Agreement, the FDOT’s general contractor will perform the relocation of existing natural gas mains; and WHEREAS having FDOTs general contractor relocate the natural gas mains allows for the work to be done in a timely manner and releases Clearwater Gas System from penalty payments; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA: Section 1. The City Council hereby accepts and approves the Joint Project Agreement between the City and the State of Florida Department of Transportation identified as Utility Work By Highway Contractor Agreement Financial Project ID 409155-1-56-01, a copy of which is attached as Exhibit A. Section 2. The City Council hereby authorizes the Mayor and City Manager to sign the Utility Work By Highway Contractor Agreement described in this resolution and associated documents. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ______ day of _________________, 2011. ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ___________________________ ________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Approve Lease (520010893) with the Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State of Florida for use of sovereign submerged lands beneath Pier 60 through April 1, 2016, authorize the appropriate officials to execute same and Adopt Resolution 11-04. SUMMARY: The 5-year lease renewal document prepared by the State for use of submerged land under Pier 60 terminated April 1, 2011. The lease premises underlay the Pier 60 footprint on Clearwater Beach and include 14,450 sq. ft., more or less, of state bottomlands. On January 18, 2011, the Marine and Aviation Department provided timely notice to the Department of Environmental Properties (DEP), Bureau of Public Land Administration of the City’s interest in renewing the subject lease for another five years. The renewal is processed after a site inspection and the new rates come out annually in March. The lease remains substantially unchanged except for the annual Consumer Price Index increases. The city paid an annual lease fee for 2011/2012 of $4,526.40 on April 5, 2011, from the Pier 60 operating budget. DEP bases this fee on a rate chart category of two times the aquatic preserve with natural shoreline. The charge was .31324 times the 14,450 sq. ft. of bottomland. The cost of renewing the lease instrument for five years is $581.00. In January 1, 2006, DEP implemented a new rule whereby all revenue taken in annually from April through March for fish admission, general admission, and fish passes must be reported. This amount is multiplied by 6% and the annual lease fee is subtracted from it. Any balance remaining is payment required back to DEP. The income made on admission and fish passes from April 2010 through March 2011 was $208,605.01. This amount times 6% is $12,516.30. Because this is more than the 2010/2011 base fee of $4,429.82, the city will pay DEP an additional $8,086.48 from the Pier operating fund. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$13,193.88 Annual Operating Cost: Not to Exceed:$13,193.88 Total Cost:$13,193.88 For Fiscal Year:2010 to 2011 Appropriation CodeAmountAppropriation Comment 010-01374-544300-575-000- 0000 $4,526.40increases yearly, paid 4/5/11 010-01374-543600-575-000- 0000 $581.001 time aprox. every 5 years 010-01374-544300-575-000- 0000 $8,086.48yet to be invoiced Cover Memo Bid Required?:NoBid Number: Other Bid / Contract:Bid Exceptions:None Review Approval: Cover Memo Resolution No. 11-04 RESOLUTION NO. 11-04 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING SOVEREIGNTY SUBMERGED LAND LEASE RENEWAL NO. 520010893 WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA; AUTHORIZING EXECUTION BY THE CITY MANAGER AND COUNTERSIGNED BY THE MAYOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater, Florida (“City”) has constructed and operates Pier 60, a public recreational pier on Clearwater Beach extending from City-owned lands into the sovereign lands and waters of the State of Florida in the Gulf of Mexico; and, WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (“TIIF”) have administrative authority over such sovereign lands and waters; and, WHEREAS, the City has applied to TIIF for a 5 year lease renewal of the sovereign lands and waters beneath the Pier 60 footprint; and, WHEREAS, the State of Florida Bureau of Submerged Lands and Preserves of the State Department of Environmental Protection has prepared and delivered a 5 year lease document to the City identified as Sovereign Submerged Lands Lease No. 520010893; and, WHEREAS, said lease agreement has been duly considered by the City Council; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Entry by the City into Sovereign Submerged Lands Lease No. 520010893 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for a term of 5 years is found and declared to be for a valid public purpose. Section 2. The City Manager is authorized to execute said lease in the form attached hereto as EXHIBIT “A”, with his signature to be countersigned by the Mayor. Section 3. This resolution shall take effect immediately upon adoption. Attachment number 1 Page 1 of 2 Resolution No. 11-04 2 PASSED AND ADOPTED this _______ day of _____________, 2011. ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 2 of 2 Attachment number 2 Page 1 of 21 Attachment number 2 Page 2 of 21 Attachment number 2 Page 3 of 21 Attachment number 2 Page 4 of 21 Attachment number 2 Page 5 of 21 Attachment number 2 Page 6 of 21 Attachment number 2 Page 7 of 21 Attachment number 2 Page 8 of 21 Attachment number 2 Page 9 of 21 Attachment number 2 Page 10 of 21 Attachment number 2 Page 11 of 21 Attachment number 2 Page 12 of 21 Attachment number 2 Page 13 of 21 Attachment number 2 Page 14 of 21 Attachment number 2 Page 15 of 21 Attachment number 2 Page 16 of 21 Attachment number 2 Page 17 of 21 Attachment number 2 Page 18 of 21 Attachment number 2 Page 19 of 21 Attachment number 2 Page 20 of 21 Attachment number 2 Page 21 of 21 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Approve an agreement between the City of Clearwater (City) and the Early Learning Coalition of Pinellas County (Agency) to provide summer camp subsidies for children ages five to eleven years old from June 13, 2011 through August 19, 2011 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Parks and Recreation Department conducts summer day camp programs for youth between the ages of five to fifteen years old. The City has partnered with various agencies and government entities to provide funding for these programs, i.e. JWB, scholarships, etc. Previously the City received funds and oversight for this program from Coordinated Child Care of Pinellas, Inc. as the contract agency. This year that responsibility is being handled by the Early Learning Coalition of Pinellas County, a non-profit, 501 c (3) agency. Under this agreement, the City will receive funds for children to attend one of our many summer camps that are held at North Greenwood Recreation Complex, Ross Norton Recreation Complex, Countryside Recreation Center, The Long Center and Moccasin Lake Nature Park. Children must meet the economic eligibility criteria as established by the Agency to receive childcare subsidy. The City anticipates receiving $20,000 from this program. Based upon previous years this will accommodate approximately 30 youths. Day camps are a vital part of summer programming and provide many benefits not only to the parents and children, but also to employers. According to the U. S. Department of Labor, childcare resource and referral services can reduce employee absence due to childcare by forty percent. By addressing childcare needs, employers assure themselves of a more productive, more satisfied workforce (Coordinated Child Care statistic). Participants in this program receive a developmentally appropriate curriculum and character education. Additionally, this program allows parents to focus on professional and educational goals, which can help to break the cycle of poverty. There is no requirement to continue the program when the grant ends. Funding for this grant program will be deposited in an existing account for this program, 181-99872 Coordinated Child Care. Review Approval: Cover Memo Attachment number 1 Page 1 of 22 Attachment number 1 Page 2 of 22 Attachment number 1 Page 3 of 22 Attachment number 1 Page 4 of 22 Attachment number 1 Page 5 of 22 Attachment number 1 Page 6 of 22 Attachment number 1 Page 7 of 22 Attachment number 1 Page 8 of 22 Attachment number 1 Page 9 of 22 Attachment number 1 Page 10 of 22 Attachment number 1 Page 11 of 22 Attachment number 1 Page 12 of 22 Attachment number 1 Page 13 of 22 Attachment number 1 Page 14 of 22 Attachment number 1 Page 15 of 22 Attachment number 1 Page 16 of 22 Attachment number 1 Page 17 of 22 Attachment number 1 Page 18 of 22 Attachment number 1 Page 19 of 22 Attachment number 1 Page 20 of 22 Attachment number 1 Page 21 of 22 Attachment number 1 Page 22 of 22 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Certus Builders of Tampa, Florida, Bid 07-0035-PR-D, for the sum of $526,363.20 (including Alternates 2 and 3 and 10% contingency), for the construction of a multipurpose building including restrooms, storage, concessions and office/meeting room, at the Joe DiMaggio Sports Complex; to be funded from CIP 315-93622, Joe DiMaggio Restroom/Storage Building and authorize the appropriate officials to execute same. (consent) SUMMARY: On November 16, 2010, the City Council approved changes to the Penny for Pinellas III project list including the funding for a new multipurpose building to service the many programs and activities held at the Joe DiMaggio Sports Complex located at the NW corner of Drew Street and Old Coachman Road. The scope of the project was to construct a new building (approximately 4,300 sq. ft.) similar to the design used at the Countryside Recreation Complex, which included restrooms, storage, concessions and office/meeting room. Since the demolition of the St. Petersburg College Field House in 2007, there have been no indoor facilities to service the co-sponsor groups and rentals that use this property. Participants and visitors to this large sports complex have to use portable restroom facilities as well as rental containers for storage and offices. This contract will provide for the construction of the new building including all site work. Alternates 2 and 3 provide for Silikal flooring in the office/meeting room, which will reduce long-term maintenance of the floors. Furnishing for the building and kitchen will be provided under a separate contract. Completion is scheduled for October 2011. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: Current Year Cost:$526,363.20 Annual Operating Cost: Not to Exceed:$526,363.20 Total Cost:$526,363.20 For Fiscal Year:2010 to 2011 Appropriation CodeAmountAppropriation Comment 315-93622 $526,363.20 Bid Required?:YesBid Number:07-0035- PR-D Other Bid / Contract:Bid Exceptions:None Review Approval:1) Assistant City Manager 2) City Manager 3) Clerk Cover Memo BID ITEMS QTYUNITUNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMO UNTUNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNT Base Bid 1 Construction Restroom Concession Building 4,300 sq. ft., single story masonry building 1LS 313,250.39 $ 313,250.39$ 399,700.00$ 399,700.00$ 365,535.00$ 365,535.00$ 326,000.00$ 326,000.00$ 428,073.00$ 428,073.00$ 314,645.00$ 314,645.00$ Base Bid 2 Landfill Gas Mitigation System/Building Protection Plan and Permanent Gas Monitoring Sensors - Sierra Gas Monitors and all miscellaneous items in providing a complete operable landfill gas mitigation system 1LS 25,106.51 $ 25,106.51$ 22,800.00$ 22,800.00$ 24,833.00$ 24,833.00$ 22,000.00$ 22,000.00$ 25,000.00$ 25,000.00$ 20,000.00$ 20,000.00$ Alt. 3 Clearing & Grubbing, Silt Fencing placement & removal; Tree Barricades placement & removal; Tree Removal & Demolition 1LS 4,756.73 $ 4,756.73$ 8,600.00$ 8,600.00$ 13,537.00$ 13,537.00$ 13,000.00$ 13,000.00$ 13,720.00$ 13,720.00$ 11,845.00$ 11,845.00$ Alt. 4 Site grading cut and fill including rough/fine grading; restore & reconstruct retention north pond bank & regrading as required; site restoration at completion of construction 1LS 24,599.87 $ 24,599.87$ 11,700.00$ 11,700.00$ 19,644.00$ 19,644.00$ 29,000.00$ 29,000.00$ 37,987.50$ 37,987.50$ 26,542.00$ 26,542.00$ Alt. 5Construct weir structure and all storm water works 1LS11,663.83$ 11,663.83$ 5,000.00$ 5,000.00$ 7,725.00$ 7,725.00$ 23,000.00$ 23,000.00$ 21,000.00$ 21,000.00$ 20,428.00$ 20,428.00$ Alt. 6 Site electrical includes; riser diagram detail all electrical conduits: electrical, telephone, data, cable television; wiring conductors and appropriate gauge size 1LS 23,079.97 $ 23,079.97$ 31,500.00$ 31,500.00$ 67,420.00$ 67,420.00$ 28,000.00$ 28,000.00$ 24,000.00$ 24,000.00$ 27,000.00$ 27,000.00$ Alt. 7 Sanitary sewer system to provide a complete operable system 1LS $ 12,997.96 $ 12,997.96 $ 10,480.00 $ 10,480.00 19,340.00 $ 19,340.00$ 17,000.00$ 17,000.00$ 14,000.00$ 14,000.00$ 15,230.00$ 15,230.00$ Alt. 8Provide a complete operable water systems 1LS33,055.02$ 33,055.02$ 8,200.00$ 8,200.00$ 33,812.00$ 33,812.00$ 27,000.00$ 27,000.00$ 21,000.00$ 21,000.00$ 27,310.00$ 27,310.00$ Alt. 9 Concrete slab medium broom finished east/west directions 1LS 4,775.87 $ 4,775.87$ 6,800.00$ 6,800.00$ 25,453.00$ 25,453.00$ 17,000.00$ 17,000.00$ 6,500.00$ 6,500.00$ 24,704.00$ 24,704.00$ Alt. 10Construct 18-inch deep x 2 foot wide gravel trench 1LS1,125.85$ 1,125.85$ 3,750.00$ 3,750.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,208.00$ 1,208.00$ 11SURETY PERFORMANCE BOND 1LS10,000.00$ 10,000.00$ 8,110.00$ 8,110.00$ 14,191.00$ 14,191.00$ 9,200.00$ 9,200.00$ 5,000.00$ 5,000.00$ 8,844.00$ 8,844.00$ 12 464,412.00 $ 516,640.00$ 592,990.00$ 512,700.00$ 597,780.50$ 497,756.00$ 13 46,441.20 $ 51,664.00$ 59,299.00$ 51,270.00$ 59,778.05$ 49,775.60$ 14 510,853.20 $ 568,304.00$ 652,289.00$ 563,970.00$ 657,558.55$ 547,531.60$ Add Alt. 1 Provide and install in lieu of seal floors Armstrong VCT tiles in: Meeting Room, Office, Storage # 1 & Storage # 2 include: striping of factory finish, apply 3 coats of wax, polish /buff each coat prior to final handover to the Owner. 1LS 1,967.00 $ 1,967.00$ ($8,840.00)(8,840.00)$ 2,154.00 $ 2,154.00$ 1,900.00$ 1,900.00$ 2,000.00$ 2,000.00$ ($5,000)(5,000.00)$ Add Alt. 2 Provide Silikal flooring & 4-inch cove base in lieu of epoxy sealer polished floor in Meeting Room and Office 1LS 9,300.00 $ 9,300.00$ 4,123.00$ 4,123.00$ 1,185.00$ 1,185.00$ 7,000.00$ 7,000.00$ 9,500.00$ 9,500.00$ 9,600.00$ 9,600.00$ Add Alt. 3 Provide Silikal flooring & 4-inch cove base in lieu of epoxy sealer polished floor in Storage Room 1 & 2 1LS4,800.00$ 4,800.00$ 1,983.00$ 1,983.00$ 484.00$ 484.00$ 4,000.00$ 4,000.00$ 5,000.00$ 5,000.00$ 5,100.00$ 5,100.00$ 4 16,067.00 $ (2,734.00) $ 3,823.00 $ 12,900.00 $ 16,500.00 $ 9,700.00 $ 5 1,606.70$ (273.40)$ 382.30 $ 1,290.00$ 1,650.00$ 970.00$ 6 17,673.70$ (3,007.40)$ 4,205.30 $ 14,190.00$ 18,150.00$ 10,670.00$ 528,526.90 $ 565,296.60$ 656,494.30$ 578,160.00$ 675,708.55$ 558,201.60$ TOTAL OFADD ALTERNATE LINES (1-5 INCLUDES 10% GRAND TOTAL CONSTRUCTION & ALTERNATESUB-TOTAL ITEMS 1-1110% CONTINGENCY OF ITEM 12 TOTAL CONSTRUCTION COSTS (ITEMS 1-13 INCLUDES 10% CONTINGENCY)ADD ALTERNATES SUB-TOTAL ADD ALTERNATE ITEMS 1-3 10% CONTINGENCY Joe DiMaggio Sports Complex - Restroom/Concession Building - Project No. 07-0035-PR-D BID OPENING - Wednesday, April 20, 2011 AWARD - THURSDAY, May 19, 2011CERTUS BUILDERS PO BOX 13599 TAMPA, FL 33681-0599 EVELAND BROTHERS, INC. 12790 AUTOMOBILE BLVD. CLEARWATER, FL 33762-4719 J2 ENGINEERING, INC. 6921 PISTAL RANGE RD. SUITE #101 TAMPA, FL 33635 KHORS CONSTR., INC. 12222 ANNE KENIA DRIVE THONOTOSASSA, FL 33592 DAVID NELSON CONSTRUCTION CO. 3483 ALTERNATE 19 PALM HARBOR, FL 34683 PILIAR CONSTRUCTION GROUP, LLC 1312 BOWMAN ST. CLERMONT, FL 34711 Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Ratify and confirm the City Manager’s approval to increase Purchase Order ST107086 with Wannemacher Jensen Architects, Inc from $95,243 to $112,193 for additional work needed to complete the design for the North Greenwood Recreation Aquatics Center and Library Renovations. (consent) SUMMARY: Wannemacher Jensen Architects, Inc. (WJA) was hired by the City to do all architectural work related to the renovations and expansion of the North Greenwood Recreation Aquatics Center and Library. They were requested to fast track the design so that construction would begin this summer and be completed prior to closing the Martin Luther King Jr. Recreation Center. Due to several heavy rains at the Center over the past several months, the entrance to the center was flooded and the water entered the building. In order to correct this situation and be able to provide an improved entrance and drop-off area, staff requested that WJA provide a design to correct the drainage issues as well as provide for a covered walkway to the parking lot. Additional funding was needed for mechanical engineering and design work for enhancements to the library computer lab. The covered walkway will provide for better access to the building during inclement weather for all patrons but most notably for senior adults and children who need to be dropped-off. In order to continue with the design and be able to meet the design and construction schedule the City Manager approved staff’s recommendation to increase the contract for WJA from $95,243 to $112,193. Funds are available in CIP 315-93621, North Greenwood Recreation Center Renovation. Staff is recommending that the Council ratify and confirm this decision. Review Approval: Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Amend an existing Interlocal Agreement between the Community Redevelopment Agency (CRA) and the City of Clearwater authorizing two full-time equivalent positions to provide Community Police Officers for the East Gateway area of the CRA and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 7, 2010, the City Council approved an Interlocal Agreement between the CRA and the City of Clearwater to underwrite the cost of additional Community Policing Services by the Clearwater Police Department (CPD) in the East Gateway CRA District. The Agreement set forth the scope of services and terms for the third year of a five-year project designed to increase police presence and reduce crime in the East Gateway District. The first two years of the project were so successful that CPD officers far exceeded the stated goals of 25% increases in the numbers of criminal charges filed against drug dealers; numbers of FIRS/Reports taken on suspected gang members; arrests/citations for violation of criminal laws and ordinances; and trespass warnings. In fact, the first two years of the project resulted in a 150% increase in the number of drug arrests in the East Gateway District. Overall arrests and citations increased 99% over the two-year period. Because the police have excelled in eradicating many of the problems that previously plagued the East Gateway District, it is now necessary to modify the goals and outcome measures accordingly. Rather than aiming to increaseactivities by 25% each year, Clearwater is revising the goals to state that 100% of all of these crimes and violations will result in an arrest, citations or an FIR/Report being taken. Clearwater Police also wish to revise the Agreement’s requirement that two police officers provide law enforcement services in the East Gateway area eight hours per day, five days per week, with coverage primarily in the evening hours. In order to allow more flexibility on the part of the Community Policing Team and Police Management in providing the necessary services to the East Gateway community, it is requested that the Agreement be revised to allow the officers to work 40 hours per week on an as- needed basis. Officers have observed that a 10-hour workday is often more effective than an 8-hour shift. It has also been noted that with the new Anti-Crime Team working during the evening hours, the need for a police presence by the Community Policing Team during the daytime is more practical. Section 4, Objective 3, has also been revised to eliminate the reference to the Rules of Conduct and the Clearwater Homeless Intervention Project (CHIP), which will cease operations as of May 15, 2011. There are no additional costs associated with these revisions and it is anticipated that the Community Police Team will function more efficiently with these changes in place. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo AMENDMENT TO INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this ________ day of _____________, 2011 by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the State of Florida, is to amend Sections 4 A and 4B, pertaining to Responsibility of the CITY, Scope of Duties. WHEREAS, the CITY has surpassed its stated goal of increasing by 25% the number of criminal charges filed against drug dealers in the target area and wishes to revise the existing outcome measures; WHEREAS, the CITY has surpassed its stated goal of increasing by 25% the number of FIR’s/Reports identifying suspected gang members in the target area and wishes to revise the existing outcome measures; WHEREAS, the CITY has surpassed its stated goal of increasing by 25% the number of arrests for violations of criminal law or ordinance and trespass warnings in the target area and wishes to revise the existing outcome measures; WHEREAS, the CITY requires the flexibility to adjust the days and hours of the officers assigned to the Community Policing Team to provide the necessary coverage in the East Gateway area; NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the CRA and the CITY agree as follows: Section 4. Responsibilities of the CITY Scope of Duties. The services that the CITY will provide will be carried out the CPD. These services are: A) Implementation of a Law Enforcement Strategy in the East Gateway area as follows: Goal: Reduce drug dealing, prostitution, and street crimes. 1. Objective 1: Remove identified dealers and career criminals from the area. Tasks: a) Identify the drug dealers and gang members in the area b) Gather intelligence information utilizing undercover techniques and surveillance equipment. Attachment number 1 Page 1 of 3 2 c) Develop confidential informants to assist in furthering criminal investigations of the "worst of the worst" offenders. Outcome Measures: a) Develop two (2) confidential informants in the target area. b) Increase by 25% the number of File criminal charges filed against 100% of identified drug dealers in the target area. c) Increase by 25% the number of Complete FIR’s/Reports identifying on 100% of suspected gang members in the target area. 3. Objective 3: Reduce crimes committed by and against homeless individuals in the target area. Tasks: a) Utilize directed patrol in areas known to be frequented by homeless individuals. b) Enforce "Rules of Conduct" as set forth by the Clearwater Homeless Intervention Project (including prohibitions against panhandling, statutes and ordinances against public drinking, public urination, loitering, etc.) Outcome Measures: a) Increase arrests and citations for 100% of violations of criminal law or ordinances will result in arrest, citation, warning, or referral to the appropriate social services agency by 25% over a five-year period. b) Increase 100% of trespass violations will result in trespass warnings within the East Gateway area by 25% over a five-year period. B) In order to carry out the Law Enforcement Strategy above, the CPD will provide the following: 1. Two (2) fully equipped police officers to provide law enforcement services to the target area defined as the East Gateway for a minimum of eight (8) hours per day, five (5) days 40 hours per week. 2. Specific duties, activities, and responsibilities: a) The officers will be assigned to a Community Policing Team with geographical responsibility for the East Gateway. b) The Team assignment will always ensure coverage by two (2) officers. Attachment number 1 Page 2 of 3 3 c) Schedules of the officers will vary, but coverage will be predominately during evening hours based on the determination of the CRA, CITY and Police management to best serve the residents and business owners in the East Gateway area. d) Officers will patrol by both vehicles and bicycles. e) A report of police activities and statistical information will be provided to the CRA on a scheduled basis. f) The officers selected will be experienced, current member of the CPD. IN WITNESS WHEREOF, the parties hereto, or their law representatives, have executed this agreement as the date first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: ______________________________ Frank Hibbard, Chairperson Approved as to form: ATTEST: ___________________________ By:______________________________ Pamela K. Akin Rosemarie Call, City Clerk City Attorney Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By:_____________________________ Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ _______________________________ Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 3 of 3 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Gregory Electric Co. Inc., Florida, to construct a reclaimed water system in Clearwater Harbor and decommission Lift Station 21 in the amount of $1,882,577.11, which is the lowest responsible bid received in accordance with plans and specifications; approve a work order to Engineer of Record, McKim and Creed Engineering Associates, Inc. in the amount of $123,470.00 to provide Construction, Engineering and Inspection (CEI) services and authorize the appropriate officials to execute same. (consent) SUMMARY: The project scope includes installing approximately 20,000 linear feet (LF) of various sized reclaimed mains by horizontal directional drill and 6000 LF by open cut to provide reclaimed water to 450 reclaimed water services within the Clearwater Harbor neighborhood. Due to the location of a proposed reclaimed line being the same as a new gravity sewer line, the Lift Station (LS) 21 Decommissioning project is combined with the reclaimed project. The LS Decommissioning scope includes construction of 750 LF of gravity sewer main and four new manholes along Harbor Drive and removal of the existing LS 21 along with 715 LF of gravity pipe. Gregory Electric is the low bidder by approximately $200,000 and is 11% less than the final Engineer’s estimate. The City received six bids for the project ranging from $1.88 to $2.34 million with the average being $2.17 million. McKim and Creed was the design consultant for this project and will provide CEI services upon approval of the work order. McKim and Creed has reviewed Gregory Electric’s bid and has provided a recommendation of award. The construction phase is anticipated to take 10 months and is scheduled for completion by April 31, 2012. The Public Utilities Department shall own and maintain the proposed improvements included in this contract. The design, construction and CEI of Clearwater Harbor Reclaimed Water project is funded by Southwest Florida Water Management District (SWFWMD) up to 50% for a maximum amount not to exceed $1,102,025 as approved by City Council May 6, 2010. Sufficient budget and funding is available in the following projects: 2009 Water and Sewer Revenue Bond proceeds in 0376-96739, Reclaimed Water Distribution System, in the amount of $652,177.39, 0376-96665, Sanitary Sewer R & R in the amount of $177,285.90, and Utility R & R revenue in 0327-96665, Sanitary Sewer R & R in the amount of $274,648.89, and 0327-96739, Reclaimed Water Distribution System in the amount of $10,728.27 for a total of $1,114,840.45 for these contracts. A mid-year amendment will increase budget only in Capital Improvement Program project 0315-96739, Reclaimed Water Distribution System of Other Governmental Revenues (337900) for SWFWMD's share of the project in the amount of $891,206.66 to provide total funding in the amount of 2,006,047.11 to fund the construction and CEI. Cover Memo Type:Capital expenditure Current Year Budget?:NoBudget Adjustment:Yes Budget Adjustment Comments: See summary Current Year Cost:$2,006,047.11Annual Operating Cost: Not to Exceed:$2,006,047.11Total Cost:$2,006,047.11 For Fiscal Year:2010 to 2011 Appropriation CodeAmountAppropriation Comment 0376-96739-563800-533- 000-0000 $652,177.39See summary 0376-96665-563800-535- 000-0000 $177,285.90See summary 0315-96739-563800-533- 000-0000 $891.206.66See summary 0327-96665-563800-535- 000-0000 $274,648.89See summary 0327-96739-563800-533- 000-0000 $ 10,728.27See summary Bid Required?:YesBid Number:10-0008-UT Other Bid / Contract:Bid Exceptions:None Review Approval: 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk Cover Memo BID ITEMS QTYUNITUNIT PRICEAMOUNTUNIT PRICEAMOUNT UNIT PRICEAMO UNT UNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNT 1 Mobilization 1 LS 61,280.00 $ 61,280.00$ 61,753.96$ 61,753.96$ 65,000.00$ 65,000.00$ 64,000.00$ 64,000.00$ 79,225.00$ 79,225.00$ 78,000.00$ 78,000.00$ 2Traffic Control 1 LS 4,690.00 $ 4,690.00$ 15,000.00$ 15,000.00$ 57,000.00$ 57,000.00$ 37,750.00$ 37,750.00$ 52,475.00$ 52,475.00$ 75,000.00$ 75,000.00$ 3Erosion Control 1 LS 3,660.00 $ 3,660.00$ 8,842.97$ 8,842.97$ 6,900.00$ 6,900.00$ 22,500.00$ 22,500.00$ 17,325.00$ 17,325.00$ 12,480.00$ 12,480.00$ 4Tree Barricades 1 LS 560.00 $ 560.00$ 10,000.00$ 10,000.00$ 4,500.00$ 4,500.00$ 20,750.00$ 20,750.00$ 9,650.00$ 9,650.00$ 12,000.00$ 12,000.00$ 5Root Pruning 1,200 LF 7.30 $ 8,760.00$ 12.50$ 15,000.00$ 5.25$ 6,300.00$ 28.00$ 33,600.00$ 10.20$ 12,240.00$ 5.45$ 6,540.00$ 612-Inch Ductile Iron Pipe By Open Cut 2,300 LF 64.00 $ 147,200.00$ 58.91$ 135,493.00$ 58.08$ 133,584.00$ 55.00$ 126,500.00$ 63.30$ 145,590.00$ 55.00$ 126,500.00$ 74-Inch Ductile Iron Pipe By Open Cut 500 LF 35.00 $ 17,500.00$ 53.26$ 26,630.00$ 36.58$ 18,290.00$ 38.00$ 19,000.00$ 55.55$ 27,775.00$ 75.00$ 37,500.00$ 8 12-Inch Ductile Iron Pipe By Aerial Installation 1 LS 21,340.00 $ 21,340.00$ 33,291.44$ 33,291.44$ 19,482.03$ 19,482.03$ 36,000.00$ 36,000.00$ 31,300.00$ 31,300.00$ 34,000.00$ 34,000.00$ 9 8-Inch C900 PVC Pipe By Open Cut 220 LF 42.00 $ 9,240.00$ 59.30$ 13,046.00$ 22.66$ 4,985.20$ 37.00$ 8,140.00$ 54.80$ 12,056.00$ 117.00$ 25,740.00$ 106-Inch C900 PVC Pipe By Open Cut 500 LF 31.00 $ 15,500.00$ 27.43$ 13,715.00$ 24.50$ 12,250.00$ 36.00$ 18,000.00$ 46.50$ 23,250.00$ 32.00$ 16,000.00$ 114-Inch C900 PVC Pipe By Open Cut 2,200 LF 21.00 $ 46,200.00$ 24.71$ 54,362.00$ 23.67$ 52,074.00$ 34.00$ 74,800.00$ 45.85$ 100,870.00$ 63.00$ 138,600.00$ 12 8-Inch C900 RJ PVC Pipe By Directional Bore 4,400 LF 41.00 $ 180,400.00$ 39.41$ 173,404.00$ 34.22$ 150,568.00$ 34.00$ 149,600.00$ 37.25$ 163,900.00$ 38.00$ 167,200.00$ 13 6-Inch C900 RJ PVC Pipe By Directional Bore 500 LF 32.00 $ 16,000.00$ 26.07$ 13,035.00$ 24.54$ 12,270.00$ 34.00$ 17,000.00$ 25.55$ 12,775.00$ 31.00$ 15,500.00$ 14 4-Inch C900 RJ PVC Pipe By Directional Bore 15,100 LF 26.00 $ 392,600.00$ 23.35$ 352,585.00$ 19.10$ 288,410.00$ 21.00$ 317,100.00$ 21.50$ 324,650.00$ 28.00$ 422,800.00$ 15 10-Inch SDR11 HDPE Pipe By Directional Bore 300 LF 54.00 $ 16,200.00$ 57.45$ 17,235.00$ 49.50$ 14,850.00$ 57.00$ 17,100.00$ 50.05$ 15,015.00$ 52.00$ 15,600.00$ 16Compact Ductile Iron Fittings 7.0 TN 11,690.00 $ 81,830.00$ 5,040.62$ 35,284.34$ 3,177.00$ 22,239.00$ 6,600.00$ 46,200.00$ 15,350.00$ 107,450.00$ 6,400.00$ 44,800.00$ 1712-Inch Restrained Joints 190 EA 1.00 $ 190.00$ 170.96$ 32,482.40$ 75.00$ 14,250.00$ 348.00$ 66,120.00$ 159.00$ 30,210.00$ 163.30$ 31,027.00$ 188-Inch Restrained Joints 100 EA 1.00 $ 100.00$ 94.83$ 9,483.00$ 39.00$ 3,900.00$ 205.00$ 20,500.00$ 93.00$ 9,300.00$ 88.00$ 8,800.00$ 196-Inch Restrained Joints 40 EA 1.00 $ 40.00$ 70.78$ 2,831.20$ 44.50$ 1,780.00$ 165.00$ 6,600.00$ 79.00$ 3,160.00$ 62.50$ 2,500.00$ 204-Inch Restrained Joints 350 EA 1.00 $ 350.00$ 55.84$ 19,544.00$ 33.75$ 11,812.50$ 137.00$ 47,950.00$ 70.00$ 24,500.00$ 51.00$ 17,850.00$ 2116-Inch Gate Valve and Box 1 EA 7,480.00 $ 7,480.00$ 10,160.80$ 10,160.80$ 4,817.31$ 4,817.31$ 14,880.00$ 14,880.00$ 5,750.00$ 5,750.00$ 5,233.00$ 5,233.00$ 2212-Inch Gate Valve and Box 5 EA 3,110.00 $ 15,550.00$ 3,960.04$ 19,800.20$ 2,383.00$ 11,915.00$ 3,665.00$ 18,325.00$ 2,175.00$ 10,875.00$ 2,526.00$ 12,630.00$ 238-Inch Gate Valve and Box 8 EA 1,240.00 $ 9,920.00$ 1,699.03$ 13,592.24$ 1,334.00$ 10,672.00$ 2,219.00$ 17,752.00$ 1,365.00$ 10,920.00$ 1,310.00$ 10,480.00$ 246-Inch Gate Valve and Box 2 EA 910.00 $ 1,820.00$ 1,398.08$ 2,796.16$ 1,342.40$ 2,684.80$ 1,605.00$ 3,210.00$ 1,050.00$ 2,100.00$ 948.00$ 1,896.00$ PROJECT A: CLEARWATER HARBOR RCW SYSTEM (10-0008-UT) & PROJECT B: LS 21 DECOMMISSIONING (08-0049-UT)BID OPENING -THURSDAY, APRIL 28, 2011 AWARD - THURSDAY, MAY 19, 2011GREGORY ELECTRIC 2333 FEATHER SOUND DR. #A203 CLEARWATER, FL 33762 ROWLAND INC. 6855 102ND AVE N PINELLAS PARK, FL 33782MTM CONTRACTORS 6550 53RD ST. N PINELLAS PARK, FL 33781 DALLAS 1 CONSTRUCTION 10328 MAIN ST. THONOTOSASSA, FL FOUNTAIN ENG., INC. 21054 SW 172 AVE. MIAMI, FL WESTRA CONSTRUCTION 1263 12TH AVE E PALMETTO, FL 34221 Attachment number 1 Page 1 of 3 BID ITEMS QTYUNITUNIT PRICEAMOUNTUNIT PRICEAMOUNT UNIT PRICEAMO UNT UNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNTPROJECT A: CLEARWATER HARBOR RCW SYSTEM (10-0008-UT) & PROJECT B: LS 21 DECOMMISSIONING (08-0049-UT)BID OPENING -THURSDAY, APRIL 28, 2011 AWARD - THURSDAY, MAY 19, 2011GREGORY ELECTRIC 2333 FEATHER SOUND DR. #A203 CLEARWATER, FL 33762 ROWLAND INC. 6855 102ND AVE N PINELLAS PARK, FL 33782MTM CONTRACTORS 6550 53RD ST. N PINELLAS PARK, FL 33781 DALLAS 1 CONSTRUCTION 10328 MAIN ST. THONOTOSASSA, FL FOUNTAIN ENG., INC. 21054 SW 172 AVE. MIAMI, FL WESTRA CONSTRUCTION 1263 12TH AVE E PALMETTO, FL 34221 254-Inch Gate Valve and Box 25 EA 760.00 $ 19,000.00$ 957.45$ 23,936.25$ 1,078.00$ 26,950.00$ 935.00$ 23,375.00$ 835.00$ 20,875.00$ 849.00$ 21,225.00$ 26 Combination Air Release Valve Assembly 6 EA 2,150.00 $ 12,900.00$ 2,623.86$ 15,743.16$ 1,917.00$ 11,502.00$ 3,110.00$ 18,660.00$ 2,100.00$ 12,600.00$ 2,303.00$ 13,818.00$ 27Permanent Blowoff Assembly 4 EA 1,750.00 $ 7,000.00$ 2,303.08$ 9,212.32$ 1,115.00$ 4,460.00$ 2,116.00$ 8,464.00$ 1,130.00$ 4,520.00$ 1,093.00$ 4,372.00$ 282-Inch Long Side Service 4 EA 2,020.00 $ 8,080.00$ 2,450.66$ 9,802.64$ 1,993.00$ 7,972.00$ 1,905.00$ 7,620.00$ 1,630.00$ 6,520.00$ 1,687.00$ 6,748.00$ 292-Inch Short Side Service 4 EA 1,950.00 $ 7,800.00$ 1,383.82$ 5,535.28$ 1,509.00$ 6,036.00$ 1,210.00$ 4,840.00$ 1,035.00$ 4,140.00$ 958.00$ 3,832.00$ 301-Inch Long Side Service 220 EA 1,110.00 $ 244,200.00$ 1,196.67$ 263,267.40$ 608.15$ 133,793.00$ 850.00$ 187,000.00$ 1,085.00$ 238,700.00$ 1,027.00$ 225,940.00$ 311-Inch Short Side Service 220 EA 970.00 $ 213,400.00$ 678.12$ 149,186.40$ 577.00$ 126,940.00$ 760.00$ 167,200.00$ 635.00$ 139,700.00$ 508.00$ 111,760.00$ 3230" X 12" Tapping Sleeve and Valve 1 LS 7,890.00 $ 7,890.00$ 6,426.84$ 6,426.84$ 7,828.00$ 7,828.00$ 9,850.00$ 9,850.00$ 3,075.00$ 3,075.00$ 8,500.00$ 8,500.00$ 33Tree Removal 15 EA 460.00 $ 6,900.00$ 1,021.91$ 15,328.65$ 800.00$ 12,000.00$ 875.00$ 13,125.00$ 1,120.00$ 16,800.00$ 1,300.00$ 19,500.00$ 34 Unsuitable Material Excavation Below Grade 100 CY 13.00 $ 1,300.00$ 21.58$ 2,158.00$ 110.00$ 11,000.00$ 45.00$ 4,500.00$ 30.00$ 3,000.00$ 4.80$ 480.00$ 35Select Backfill Below Grade 100 CY 13.00 $ 1,300.00$ 21.58$ 2,158.00$ 110.00$ 11,000.00$ 35.00$ 3,500.00$ 13.00$ 1,300.00$ 18.00$ 1,800.00$ 36Concrete Driveway Replacement (Owner Directed) 100 SY 70.00 $ 7,000.00$ 105.71$ 10,571.00$ 72.50$ 7,250.00$ 42.00$ 4,200.00$ 69.75$ 6,975.00$ 45.50$ 4,550.00$ 37Concrete Sidewalk Replacement (Owner Directed) 100 SY 45.00 $ 4,500.00$ 98.03$ 9,803.00$ 70.50$ 7,050.00$ 38.00$ 3,800.00$ 46.00$ 4,600.00$ 40.10$ 4,010.00$ 38Concrete Curb Replacement (Owner Directed) 100 LF 30.00 $ 3,000.00$ 55.26$ 5,526.00$ 28.00$ 2,800.00$ 31.00$ 3,100.00$ 32.00$ 3,200.00$ 20.60$ 2,060.00$ 39Asphalt Road Replacement (Owner Directed) 100 SY 50.00 $ 5,000.00$ 54.00$ 5,400.00$ 46.00$ 4,600.00$ 55.00$ 5,500.00$ 45.50$ 4,550.00$ 29.00$ 2,900.00$ 40Asphalt Overlay (Owner Directed) 100 SY 40.00 $ 4,000.00$ 18.30$ 1,830.00$ 29.00$ 2,900.00$ 25.00$ 2,500.00$ 15.50$ 1,550.00$ 38.00$ 3,800.00$ 1,611,680.00$ 1,625,252.65$ 1,314,614.84 $ 1,670,611.00$ 1,704,466.00$ 1,753,971.00$ 41 161,168.00 $ 162,525.27$ 131,461.48 $ 167,061.10$ 170,446.60$ 175,397.10$ 1,772,848.00 $ 1,787,777.92$ 1,446,076.32 $ 1,837,672.10$ 1,874,912.60$ 1,929,368.10$ 100 Bypass Pumping 1 LS 8,320.00 $ 8,320.00$ 5,722.53$ 5,722.53$ 8,500.00$ 8,500.00$ 42,500.00$ 42,500.00$ 61,575.00$ 61,575.00$ 50,000.00$ 50,000.00$ 101Sanitary Structure Removal 1 EA 790.00 $ 790.00$ 2,618.21$ 2,618.21$ 7,500.00$ 7,500.00$ 2,150.00$ 2,150.00$ 925.00$ 925.00$ 1,670.00$ 1,670.00$ 102Sanitary Sewer Removal 715 LF 17.00 $ 12,155.00$ 14.65$ 10,474.75$ 15.00$ 10,725.00$ 15.00$ 10,725.00$ 18.25$ 13,048.75$ 14.40$ 10,296.00$ 103Lift Station #21 Demolition 1 LS 19,290.00 $ 19,290.00$ 5,236.41$ 5,236.41$ 8,000.00$ 8,000.00$ 25,750.00$ 25,750.00$ 23,000.00$ 23,000.00$ 17,500.00$ 17,500.00$ 104Unsuitable Material Removal & Replacement 250 CY 26.00 $ 6,500.00$ 20.95$ 5,237.50$ 60.00$ 15,000.00$ 55.00$ 13,750.00$ 30.37$ 7,592.50$ 15.65$ 3,912.50$ 105Construction of 12" PVC Sanitary Sewer 800 LF 61.00 $ 48,800.00$ 70.91$ 56,728.00$ 88.29$ 70,632.00$ 75.00$ 60,000.00$ 95.00$ 76,000.00$ 72.00$ 57,600.00$ 106 Construction of Sanitary Sewer Manhole (5' Diameter) 4 EA 4,770.00 $ 19,080.00$ 7,036.41$ 28,145.64$ 4,600.00$ 18,400.00$ 6,750.00$ 27,000.00$ 5,825.00$ 23,300.00$ 3,900.00$ 15,600.00$ SUBTOTAL-ITEMS 1 THRU 40Project B: Lift Station #21 Decommissioning (08-0049-UT)Code: OWNERS 10% CONTINGENCYTOTAL CONSTRUCTION COST (ITEMS 1 THRU 41) Attachment number 1 Page 2 of 3 BID ITEMS QTYUNITUNIT PRICEAMOUNTUNIT PRICEAMOUNT UNIT PRICEAMO UNT UNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNTPROJECT A: CLEARWATER HARBOR RCW SYSTEM (10-0008-UT) & PROJECT B: LS 21 DECOMMISSIONING (08-0049-UT)BID OPENING -THURSDAY, APRIL 28, 2011 AWARD - THURSDAY, MAY 19, 2011GREGORY ELECTRIC 2333 FEATHER SOUND DR. #A203 CLEARWATER, FL 33762 ROWLAND INC. 6855 102ND AVE N PINELLAS PARK, FL 33782MTM CONTRACTORS 6550 53RD ST. N PINELLAS PARK, FL 33781 DALLAS 1 CONSTRUCTION 10328 MAIN ST. THONOTOSASSA, FL FOUNTAIN ENG., INC. 21054 SW 172 AVE. MIAMI, FL WESTRA CONSTRUCTION 1263 12TH AVE E PALMETTO, FL 34221 107 Construction of Sanitary Laterals (Connect to Existing Private Lateral) 285 LF 41.00 $ 11,685.00$ 141.48$ 40,321.80$ 22.34$ 6,366.90$ 35.00$ 9,975.00$ 34.00$ 9,690.00$ 22.90$ 6,526.50$ 108 Cleanout Construction 7 EA 810.00 $ 5,670.00$ 930.11$ 6,510.77$ 495.00$ 3,465.00$ 575.00$ 4,025.00$ 365.00$ 2,555.00$ 145.00$ 1,015.00$ 109 Connect to Existing Sanitary Manhole 1 LS 4,290.00 $ 4,290.00$ 2,618.21$ 2,618.21$ 3,500.00$ 3,500.00$ 1,550.00$ 1,550.00$ 525.00$ 525.00$ 9,500.00$ 9,500.00$ 110 Residential Potable Water Service Construction & Reconnection 70 LF 50.00 $ 3,500.00$ 41.20$ 2,884.00$ 12.50$ 875.00$ 125.00$ 8,750.00$ 32.00$ 2,240.00$ 18.40$ 1,288.00$ 111 Connect Sidewalk Restoration (Including Detectable Surfaces) 500 SF 10.00 $ 5,000.00$ 15.82$ 7,910.00$ 62.00$ 31,000.00$ 5.50$ 2,750.00$ 48.75$ 24,375.00$ 6.65$ 3,325.00$ 112 Roadway Reconstruction 2,200 SY 36.00 $ 79,200.00$ 50.40$ 110,880.00$ 18.00$ 39,600.00$ 42.00$ 92,400.00$ 45.50$ 100,100.00$ 42.00$ 92,400.00$ 113 Type I Curb Construction (Including Drop Curb & Valley Gutter) 1,850 LF 22.00 $ 40,700.00$ 26.89$ 49,746.50$ 22.50$ 41,625.00$ 21.00$ 38,850.00$ 32.00$ 59,200.00$ 14.00$ 25,900.00$ 114 Concrete Driveway Restoration 2,000 SF 7.00 $ 14,000.00$ 6.62$ 13,240.00$ 55.00$ 110,000.00$ 7.50$ 15,000.00$ 8.85$ 17,700.00$ 17.00$ 34,000.00$ 115Sodding (Match Existing) 4,500 SF 0.25 $ 1,125.00$ 2.06$ 9,270.00$ 4.50$ 20,250.00$ 0.40$ 1,800.00$ 0.49$ 2,205.00$ 2.00$ 9,000.00$ 116 Asphalt Driveway Restoration 30 SY 73.00 $ 2,190.00$ 50.40$ 1,512.00$ 46.00$ 1,380.00$ 45.00$ 1,350.00$ 30.75$ 922.50$ 33.30$ 999.00$ 282,295.00 $ 359,056.32$ 396,818.90$ 358,325.00$ 424,953.75$ 340,532.00$ 117 28,229.50 $ 35,905.63$ 39,681.89 $ 35,832.50$ 42,495.38$ 34,053.20$ 310,524.50 $ 394,961.95$ 436,500.79 $ 394,157.50$ 467,449.13$ 374,585.20$ 2,083,372.50 $ 2,182,739.87$ 1,882,577.11 $ 2,231,829.60$ 2,342,361.73$ 2,303,953.30$ TOTAL CONSTRUCTION COST (ITEMS 100 THRU 117)Grand total Project A & Project B SUBTOTAL-ITEMS 100 THRU 116OWNERS 10% CONTINGENCY Attachment number 1 Page 3 of 3 DRAFT McKIM & CREED WORK ORDER INITIATION FORM for the CITY OF CLEARWATER CEI Services Date: April 28, 2011 Project Number: 00992-0210 City Project Number: 10-0008-UT 1. PROJECT TITLE: Clearwater Harbor RCW System Additional Construction Services 2. SCOPE OF SERVICES: The City is currently soliciting bids for the construction of the Clearwater Harbor RCW System (Project A), designed by McKim & Creed, and the decommissioning of Lift Station 21 (Project B), designed by Advanced Engineering and Design Inc. (Advanced). The City merged the two construction documents into a single bid package to take benefit of “the economy of scale” and to minimize impacts to residences; both projects have impacts to Harbor Drive. McKim & Creed is currently providing limited construction engineering services which include; preconstruction conference attendance, submittal review, monthly progress meeting attendance, response to contractor RFI, and substantial and final walk through. Advanced is providing similar services for their portion of the project. This scope of services is for providing construction administration and observation services for both projects as outlined below: PHASE I - CONSTRUCTION ADMINISTRATION Task 1- Administer one pre-construction meeting and nine monthly progress meetings with the selected Contractor, City Staff and Advanced. Prepare meeting minutes and distribute via e-mail to attendees. Task 2- Provide construction management including interpretation of the Contract Documents; general correspondence with the City, Contractor and jurisdictional bodies; construction schedule and budget review, and coordination of construction activities between the appropriate personnel (City, Contractor, Advanced and McKim & Creed). Attachment number 2 Page 1 of 4 Task 3- Review and log results of material testing for compliance with the Contract Documents. Copies of the testing results will be forwarded to the City. Task 4- Review Contractor’s request for payment, compare request with work completed and recommend appropriate action by the City. Task 5- Administer project closeout by collecting and submitting contract closeout documents including record drawings, warranties, manuals, final change order, permit closeout and other required documents. Task 6- The Contractor will be responsible for developing the As-Built Drawings in accordance with General Conditions Section III 6.11.2. McKim and Creed will review and provided comments on the As-Built Drawings supplied by the Contractor prior to their submittal to the City. PHASE II - CONSTRUCTION OBSERVATION Task 1- Provide on-site construction observation for the construction of the Clearwater Harbor RCW System (Project A) and the decommissioning of Lift Station 21 (Project B) for a period equivalent to an average of 20 hours per week over the active construction period (estimated at 39 weeks for a total of 780 hrs) to observe the work relating to the design requirements, verify quantities, and to review the Contractor’s “As-Built” redlines. During each site visit a report of observed activities, progress, discussions, and any identified deficiencies will be developed for the project record and copies will be provided to the City via e-mail. Task 2- Engineer will provide two monthly four hour site visits to monitor the work in progress for quality of the various systems and facilities with the respect to their intended function and Contract requirements. 3. PROJECT GOALS: • Pre-construction and Progress Meeting Minutes • Copies of correspondence • Material Testing Review and Log • Recommendations for Pay Applications • Project Close-out Documentation • Review As-Built Drawings • Observation Reports 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by McKim & Creed for the completion of these tasks, on a not to exceed fee for task allowances totaling $108,036 for Project A and $15,434 for Project B. Attachment number 2 Page 2 of 4 5. SCHEDULE: McKim & Creed will provide the services outlined herein in accordance with the Contractor’s schedule for constructing the project to meet the substantial completion within 270 days and final completion within 300 days. 6. STAFF ASSIGNMENT (Consultant): David C. Wehner, PE 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to David C. Wehner. All City project correspondence shall be directed to Tara Kivett with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Veronica Josef, Senior Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to not to exceed invoicing procedures, with the costs for Project A & Project B separated out. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: Project A (RCW) 0315-96739-561300-533-000-0000 $108,036.00 Project B (LS 21) 0376-96665-561300-535-000-0000 $15,434.00 9. ITEM 9 INTENTIONALLY LEFT BLANK 10. SPECIAL CONSIDERATIONS: Not Applicable PREPARED BY: APPROVED BY: ________________________ ________________________ A. Street Lee, PE Michael D. Quillen, PE Vice President City Engineer McKim & Creed City of Clearwater ___________________ ___________________ Date Date Attachment number 2 Page 3 of 4 ATTACHMENT B CITY OF CLEARWATER CLEARWATER HARBOR RCW SYSTEM ADDITIONAL CONSTRUCTION SERVICES PPRROOJJEECCTT BBUUDDGGEETT McKim & Creed Subconsultant Task Description Services Labor Total 1.0 Construction Administration 1.1 Administer Meetings $3,310 1.2 Construction Management $23,760 1.3 Material Testing $1,240 1.4 Pay Applications $3,100 1.5 Project Closeout $3,720 1.5 As-Built Drawing Review $2,440 $37,570 2.0 Construction Observation 2.1 Part Time Observation $74,100 2.2 Engineer Site Visits $10,800 $84,900 Subtotal, Labor and Subcontractors $122,470 Permit Review Fees $0 Other Direct Costs (prints, photocopies, postage, etc) $1,000 Grand Total $123,470 Attachment number 2 Page 4 of 4 Attachment number 3 Page 1 of 1 Attachment number 4 Page 1 of 18 Attachment number 4 Page 2 of 18 Attachment number 4 Page 3 of 18 Attachment number 4 Page 4 of 18 Attachment number 4 Page 5 of 18 Attachment number 4 Page 6 of 18 Attachment number 4 Page 7 of 18 Attachment number 4 Page 8 of 18 Attachment number 4 Page 9 of 18 Attachment number 4 Page 10 of 18 Attachment number 4 Page 11 of 18 Attachment number 4 Page 12 of 18 Attachment number 4 Page 13 of 18 Attachment number 4 Page 14 of 18 Attachment number 4 Page 15 of 18 Attachment number 4 Page 16 of 18 Attachment number 4 Page 17 of 18 Attachment number 4 Page 18 of 18 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Grant and convey to Florida Power Corporation, doing business as Progress Energy Florida, Inc., a Florida corporation (Grantee) two 10-foot wide Distribution Easements in Sections 29 and 32 respectively, Township 28 South, Range 16 East, as more particularly described in the respective exhibits, in consideration of the mutual benefits, covenants and conditions contained therein and authorize appropriate officials to execute same. (consent) SUMMARY: On January 15, 2009, Council approved a contract with Southeast Drilling Services, Inc. for the construction of Water Treatment Plants 1 and 3 Wellfield Expansion Project -Phase 1 (Project 07-0037-UT) to expand total water production for the City of Clearwater. All eleven contracted production wells have been installed and are operational. The subject Distribution Easements grant Progress Energy authority five feet (5 ft.) each side of its installed electrical distribution lines that provide power for Well 79 in the city's Enterprise Road Dog Park and for Wells 3-1 and 3- 5 within the boundaries of the Countryside Recreation Center off Sabal Springs Drive. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to FLORIDA POWER CORPORATION doing business as PROGRESS ENERGY FLORIDA, INC., a Florida corporation (“GRANTEE”), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and service and communication systems, whether to or on behalf of telecommunication providers or other customers by GRANTEE or others, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: See Legal Description on the accompanying Exhibit “A” attached hereto and incorporated herein by this reference. Tax Parcel Number: 32/28/16/00000/210/0500 The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to trim or remove any timber adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that prior to the relocation of said facilities (a) GRANTOR shall pay to GRANTEE the full actual cost of the relocation as incurred by GRANTEE, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. This legal description was provided by GRANTOR. This document prepared by R. Alexander Glenn 3300 Exchange Place Lake Mary, Florida 32746 32 SEC 28S TWP 16E RGE PINELLAS COUNTY CITY OF CLEARWATER GRANTOR CW-11-3502039 PROJECT Dog Park 2698 5th Avenue Clearwater, FL. 33759 Attachment number 1 Page 1 of 3 Rev 10/08 GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, resulting from the negligent or wrongful act or omission related to GRANTEE’s facilities by GRANTOR or by GRANTOR’s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this day of ___________________________, 2011. GRANTOR: Countersigned: CITY OF CLEARWATER, FLORIDA _____________________________________ By: _________________________________________ Frank V. Hibbard, Mayor William B. Horne, II, City Manager Attest: __________________________________________ Rosemarie Call, City Clerk Grantor Mailing Address: City Manager P. O. Box 4748 Clearwater, Florida 33758-4748 STATE OF FLORIDA : \ : ss COUNTY OF PINELLAS: BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this_____ day of _______________________________, 2011. _____________________________________________ My commission expires: Notary Public Print/Type Name ____________________________ Attachment number 1 Page 2 of 3 Rev 10/08 STATE OF FLORIDA : : ss COUNTY OF PINELLAS: BEFORE ME, the undersigned, personally appeared William B. Horne, II, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this _____day of _______________________________, 2011. ______________________________________________________ My commission expires: Notary Public Print/type name _______________________________ Approved as to form: _________________________________________ Laura Mahony, Assistant City Attorney Attachment number 1 Page 3 of 3 Attachment number 2 Page 1 of 3 Attachment number 2 Page 2 of 3 Attachment number 2 Page 3 of 3 208(S) CYPRESS B END DR WEST BRIAR-WOODHOLLYH OCK CT HICKO RY CTCYPRESS BEND DR EAST CT CYPRESS BENDDRIVE DOGW OOD C T 265000 266000 338000 30 3132 122 123 124 125 126 53 54 55 56 57 58 5960 61 62 63 6465 66 67 68 69707172737475 7677 78798081828384 85 86 87 88 89 90 92 93 94 95 9697 98 99 100 101 102 103 104 105 106 107 108 10911 0 111 112 113 11411 5 116 117 118 119 120 121 44/04 44/05 143 128.9 127.56 181.4 2 9.2 1 264000 3132 29 DR PHASE 11 PHASE 2PHASE 1 PHASE 1 11/03 5.3 11/02 11/07 4.19 11/06 14/02 14/03 14/04 14/05 14/06 6.79 1.12 11/053 11/09 1.14 1.46 39(S) 4 2.1 250.4 26 0.3 448. 7 16 7 151. 9 139.5 13 1.1 102.9 75.5 69.4 164.7 485.66 42 1.83 294 132(S) 180.18 125 130 1 7 0 65.920 25 8 2 86.7 9 28 9.11 288.39 29 7.11 200.32 123 . 7 4 17 2. 0 1 2 2 8 .43 220.9 6 1 78.96 608.26 415.6 346.38 26 1.7 3 56.8 5 28.11 97.22 30 5 32 6.89 31.7 96 57.7 2 42(S)176(S) 195(S) 6.22 3 2.6 337.9 DRAINAGE EASEMENT REC AR EA SEE N32-28-16 FOR PARCEL INFO SEE S31-28-16 FOR PARCEL INFO PHASE IPHASE IIPHASE III PHASE IV PHASE V PHASE VI 3029 32 VI L L AG E DRIVE E N T E R P RI SE R O A D E 55 335000 336000 337000 3029 31 AVENUEN FIRST AVENUE N ENTERPRISE ROA STREET) (M A I N FI R ST STREET THIRD 19 CHAUTAUQUA AVENUENAVENUE N FOURTH SECOND FIFTH AVENUE EAST AVE N 2625242322212019181716 1514 1234 56 789 10 1112 13 1413 24 262524232221 20 19 1817 16 15 141110 9 87 6 1 234 567891011 12 13 1 2 34 5 1413 1211 10 9 8 12345 7 6 26 2524 232221 2019181716 1514 121110 9 8 7 6 1234567 8910111213 1234 5 262523222120191817161514 2 3 1 1 2 34 5 67 8 9 10 11 30 29 28 2726 25 23 24 12 13 14 15 16 17 18 19 2120 22 4 5 21/03 10.27 21/05 20.44 21/01 6.43 22/02 5.81 24/02 2.91 22/04 2.02 22/05 2.77 24/01 48.16 637(S) 803.55 36.5 398 1123.06 399.1 5 1120 1036(S) 845.4 1034.8 399.18 457.6 550.37 457.56 557.34 30(S) 330.09 103( S) 438(S) 208(S) 21 1(S) 234(S) 212(S) 616(S) 85 2.38 76 7(S) 229 272.57 382(S) 687(S) 103(S)415 VAC COMMON AREA "A" COMMON A REA "B" COM AREA "C" COMAREA "D" COM AREA "E" CYPRESS POINT SHOPPING CENTER VAC VAC VAC VAC VAC VAC SEE S32-28-16 FOR PARCEL INFO SEE S32-28-16 FOR PARCE L INFO 4 236.58 546.51 103(S)550(S) 105(S) 563.3 TR "C" TR "D" 235 6 7 8 9 10 11 12134 25242322 20191817 161514 1 26 FIRST AVENUE N 19 S LAKEBREEZELANE N BL U E WATE R WAY 28 17 18 19 20 21 22 2324 25 26272829 30 31 32 33 34 35 21 AC A C A C A C(C) AC(C) A C(C) AC(C) AC(C) A C(C) 1 1 1 3 3 AC(C) AC(C) AC(C) A C LOCATION MAP: Enterprise Dog Park Distribution Easement ²Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Enterprise Dog Park CDEBN.T.S.233A32-28-164/12/2011Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Legend Enterprise Dog Park Distribution Easement Easements Bldg Footprint Parcel Boundary ^ US 19 Attachment number 3 Page 1 of 1 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to FLORIDA POWER CORPORATION doing business as PROGRESS ENERGY FLORIDA, INC., a Florida corporation (“GRANTEE”), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and service and communication systems, whether to or on behalf of telecommunication providers or other customers by GRANTEE or others, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: See Legal Description on the accompanying Exhibit “A” attached hereto and incorporated herein by this reference. Tax Parcel Number: 29/28/16/00000/220/0400 The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to trim or remove any timber adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that prior to the relocation of said facilities (a) GRANTOR shall pay to GRANTEE the full actual cost of the relocation as incurred by GRANTEE, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. This legal description was provided by GRANTOR. This document prepared by R. Alexander Glenn 3300 Exchange Place Lake Mary, Florida 32746 29 SEC 28S TWP 16E RGE PINELLAS COUNTY CITY OF CLEARWATER GRANTOR CW-11-3491776 PROJECT City of Clearwater Rec. Center 2640 Sabal Springs Dr. Clearwater, FL. 33761 Attachment number 4 Page 1 of 3 Rev 10/08 GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, resulting from the negligent or wrongful act or omission related to GRANTEE’s facilities by GRANTOR or by GRANTOR’s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this day of ___________________________, 2011. GRANTOR: Countersigned: CITY OF CLEARWATER, FLORIDA _____________________________________ By: _________________________________________ Frank V. Hibbard, Mayor William B. Horne, II, City Manager Attest: __________________________________________ Rosemarie Call, City Clerk Grantor Mailing Address: City Manager P. O. Box 4748 Clearwater, Florida 33758-4748 STATE OF FLORIDA : \ : ss COUNTY OF PINELLAS: BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this_____ day of _______________________________, 2011. _____________________________________________ My commission expires: Notary Public Print/Type Name ____________________________ Attachment number 4 Page 2 of 3 Rev 10/08 STATE OF FLORIDA : : ss COUNTY OF PINELLAS: BEFORE ME, the undersigned, personally appeared William B. Horne, II, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this _____day of _______________________________, 2011. ______________________________________________________ My commission expires: Notary Public Print/type name _______________________________ Approved as to form: _________________________________________ Laura Mahony, Assistant City Attorney Attachment number 4 Page 3 of 3 Attachment number 5 Page 1 of 3 Attachment number 5 Page 2 of 3 Attachment number 5 Page 3 of 3 43/041 PHASE III PHASE IV 20 2930 208 1055 6061626364 2 3 4 5 8 9 10 11 1315 18 22 2120 19 14 25 2627 28 29 30 31 32 33 78 77 76 75 6 7 7424 23 17 TORRY PINES CT BURNING L A N E TR EE CLUBHOUSE DR SOUTH 265000 266000 267000 19 36 29 10 11 12 13 14 57 53 5248 49 50 5154 55 56 5859 CLUBHOUSEDRSO WEST EAST W E S T C HE S T E R D RI V E S TIMBER-LINE CT Q UA IL HO LLO W VIEW LON G WOODMERE CT WESTC HESTE R D R IVE N 580 SEA PI N E CIRCL E WEATH ER SFIELD CT WI LDW OOD F OREST COUNTRYSIDE BLVD DRIVE SPRINGSSABAL 265000 266000 267000 341000 342000 343000 2019 30 4 22/05 3.83 23/05 22/04 22.76 24/01 22/02 2.39 23/04 4.3 20 20 29.79 175 95595 5 1550.95 175 625 3 42.69 9 38.22 410 108 0.33 17 5.1 75.29 76 51.6 127.09 1586.23 596(S ) 59 5.8 1071(S)1071(S) 77.7639. 1 61.7 COUNTRYSIDE COMMUNITY PARK RE CR E A TI O N A R E A REC AREA R ECAREA REC AREA BLDG TBLDG S BLDG R BLDG Q BLDG P BLDG O BLDG N BLDG M BLDG K BLDG J BLDG A BLDG B BLDG C BLDG D BLDG E BLDG F BLDG G BLDG I BLDG H TRACT B TRACT A BLDG L TRACT "D" TRACT "B" TRACT "B" "A" TRACT T R C POOL CHAMPAGNE PHASE SEE N30-28-16 FOR PARCEL INFO SEE S20-28-16 1 15 14 13 12 11 10 9 8 7 6 5 4 1 2 3 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 73 74 75 76 77 78 79 80 81 82 83 84 85 86 120 1 2 3 4 5 67 34 35 36 37 3839 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 123456789 90 91 92 93 SAVOY PHASE BRITTANY PHASE GREN OBLE PHASE COGNAC PHASE PH 2 PH 1 PHASE III PHASE V PHASE IV PHASE IV PHASE III PHASE II PHA SE I PHASE II PHASE I PHASE V PH 5 PHASE 1 PHASE II PHASE 2 PHASE I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 5 9 60 61 62 63 64 65 66 6970717 273747 57677787980 67 68 PH 7 PH 8 PH 6 PH 4 PH 3 31/01 7.63 183.29 242.57 591.8 35.03 19 1.6 64.35 424.29 9.71 415255.2 168.794.87 200.03 CLEARWATER FIRE CLEARWATER LIBRARY STATION #6 BLVD 580 340000 11 1 4 5678 19 29 20 225 A C A C AC AC(C) AC(C) AC(C) 1 1 1 1 2 2 3 LOCATION MAP: Sabal Springs Wells Distribution Easement ²Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Sabal Springs Wells CDEBN.T.S.211A29-28-164/12/2011Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Legend Sabal Springs Wells Distribution Easement Easements Bldg Footprint Parcel Boundary ^ US 19 S.R. 580Main St. Attachment number 6 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Approve the Annexation, Land Use Plan Amendment from Residential Urban (RU) and Water/Drainage Feature (County) to Institutional (I) and Water/Drainage Feature, and Zoning Atlas Amendment from Agricultural Estate Residential District (A-E) (County) to Institutional (I) for one parcel of land located generally on the south side of Nursery Road and 495 feet west of South Haven Drive; and pass Ordinances 8251-11, 8252-11, and 8253-11 on first reading.(ANX2011-02001, LUP2011-02003 and REZ2011-02003) SUMMARY: The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The parcel currently has a single-family dwelling and a natural pond on the rear of the site. The applicant is not receiving any city services at this time and is requesting sanitary sewer and water services. The applicant has paid the city’s water and sewer impact and assessment fees and is aware of the additional costs to extend water and sewer services to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with water, sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objectives and policies of the Clearwater Comprehensive Plan: Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules. Policy A.5.3.7 Support the continued existence of the residential and institutional character along Nursery Road between Belcher and U.S. 19 by precluding the expansion of existing commercial areas. This subject site consists of one parcel of land, 1.243 acres in area located generally on the south side of Nursery Road and 495 feet west of South Haven Drive. This annexation, land use plan amendment and rezoning is requested by the applicant, Unity Clearwater, Inc. (Unity Church) owner of the adjacent large parcel of land to the east. The applicant intends to use the property for church support facilities. Currently the parcel is occupied by a single-family dwelling and a natural pond. The parcel is contiguous on the east and north side to existing city boundaries. Along with the voluntary annexation, the request is to change the future land use classification of Residential Urban (RU) and Water/Drainage Feature (County) to Institutional (I) and Water/Drainage Feature and the zoning designation of Agricultural Estate Residential District (A-E) (County) to Institutional (I). The applicant is requesting to amend the Future Land Use Map and Zoning Atlas in order to consolidate the church’s holdings into the appropriate land use category and zoning district. Cover Memo Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. Objective A.7.2 Diversify and expand the city’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. The parcel is contiguous on the north and east sides to existing city boundaries, represents a logical extension of the boundaries and does not create an enclave; therefore the annexation is consistent with Florida Statutes Chapter 171.044. The Planning and Development Department has determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning applications are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the Future Land Use Plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the density of the category requested, review and approval by the Florida Department of Community Affairs is also required. The Community Development Board reviewed the Future Land Use Plan amendment and rezoning applications at its public hearing on April 19, 2011 and City unanimously recommended approval. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Ordinance No.8251-11 ORDINANCE NO. 8251-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF NURSERY ROAD APPROXIMATELY 495 FEET WEST OF SOUTH HAVEN DRIVE, CONSISTING OF EAST 85 FEET OF WEST 300 FEET OF NORTHWEST ¼ OF SOUTHWEST ¼ OF SOUTHEAST ¼ OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE16 EAST, LESS RIGHT OF WAY FOR NURSERY ROAD, WHOSE POST OFFICE ADDRESS IS 2419 NURSERY ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The East Eighty-five (85) feet of the West Three Hundred (300) feet of the Northwest quarter (NW ¼) of the Southwest Quarter (SW ¼) of the Southeast quarter (SE ¼) of Section 19, Township 29 South, Range 16 East, Pinellas County, Florida. LESS any part of said tract lying within right of way of Nursery Road. (ANX2011-02001 ) The map or maps attached as Exhibit(s) are hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Attachment number 1 Page 1 of 3 Ordinance No.8251-11 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ____________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 2 of 3 PROPOSED ANNEXATION MAP Owners: Unity Clearwater Inc. Case: ANX2011-02001 LUP2011-02003 REZ2011-02003 Site: 2419 Nursery Road Property Size(Acres): 1.243 Land Use Zoning PIN: 19-29-16-00000-430-0300 From : To: RU, WATER/DRAINAGE FEATURE A-E (County) I, WATER/DRAINAGE FEATURE I (City) Atlas Page: 317B 43/02 43/05 1.83 43/0343/04 5.36 1.311.24 547 548 549 550551552 568 569 496 497 1 2 3 456 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 23 24 25 26 27 28 29 30 31 32 33 34 11 12 1314151617181920212223242526 1 23 4 5 67 8 9 10 1112 1 2 3 4 5 12 13 15 16 17 18 10 9 17 11 14882 01440 84330 77079 70272 60 15 80 7373738080 66669080 60 60 60 7373 9090 80 15 30 A C A C(C)A C(C) AC(C) 1 1 2 2 3 NURSERY RD HAVANA DR S HAVE N DR ROS ETRE E CT STE WART BLVD C H A TEAU WOOD DR 23712465 1450 23832375239124152403 2401 1521 1 5 4 1 1 5 5 1 1560 1 55 0 154 0 1 5 2 0 1 5 3 0 2404 14631469 1500 1518 1524 1530 1532 1542 1554 1560 1555 1549 1543 1537 1525 1519 1513 1503 1501 2446 2448 1490 1478 1472 1496 1439 1485 1531 2373 2415 1491 2381 1565 2428 1443 2401 1473 2400 1444 2366 2374 2389 2409 1475 2439 2427 2402 1440 2470 1451 1497 2416 1447 1424 2421 1445 1451 24 46 2476 S ch 2419 1511 1 5 1 0 2402 2390 2410 15661569 1561 1484 2440 2434 1479 2382 2397 2358 1430 1567 2422 15 63 -Not to Scale- -Not a Survey- Attachment number 1 Page 3 of 3 Ordinance No. 8252-11 ORDINANCE NO. 8252-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF NURSERY ROAD APPROXIMATELY 495 FEET WEST OF SOUTH HAVEN DRIVE, CONSISTING OF EAST 85 FEET OF WEST 300 FEET OF NORTHWEST ¼ OF SOUTHWEST ¼ OF SOUTHEAST ¼ OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, LESS RIGHT OF WAY FOR NURSERY ROAD, WHOSE POST OFFICE ADDRESS IS 2419 NURSERY ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INSTITUTIONAL (I) AND WATER/ DRAINAGE FEATURE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The East Eighty-five (85) feet of the West From: Residential Urban (RU) Three Hundred (300) feet of the Northwest Water/Drainage Feature Quarter (NW ¼) of the Southwest quarter (SW ¼) of the Southeast quarter (SE ¼) of Section 19, Township 29 South, Range 16 East, To: Institutional (I) Pinellas County, Florida. LESS any part of said Water/Drainage Feature Tract lying within right of way of Nursery Road. (LUP2011-02003) The map or maps attached as Exhibit(s) are hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. Attachment number 2 Page 1 of 3 Ordinance No. 8252-11 PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 Page 2 of 3 FUTURE LAND USE MAP Owners: Unity Clearwater Inc. Case: ANX2011-02001 LUP2011-02003 REZ2011-02003 Site: 2419 Nursery Road Property Size(Acres): 1.243 Land Use Zoning PIN: 19-29-16-00000-430-0300 From : To: RU, WATER/DRAINAGE FEATURE A-E (County) I, WATER/DRAINAGE FEATURE I (City) Atlas Page: 317B 43/02 43/05 1.83 43/0343/04 5.36 1.311.24 547 548 549 550551552 568 569 496 497 1 2 3 456 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 23 24 25 26 27 28 29 30 31 32 33 34 11 12 1314151617181920212223242526 1 23 4 5 67 8 9 10 1112 1 2 3 4 5 12 13 15 16 17 18 10 9 17 11 14882 01440 84330 77079 70272 60 15 80 7373738080 666690 60 60 60 7373 9090 80 15 30 AC AC(C)AC(C) A C(C) 1 1 2 2 3 NURSERY RD HAVANA DR S HAVE N DR ROS ETRE E CT STE WART BLVD C H A TEAU WOOD DR I I RU RL RU RU RU RU RU RU WATER RU 23712465 1450 23832375239124152403 2401 1521 1 5 4 11 5 5 1 1560 15 50 15 40 1 5 2 0 2404 1500 1518 1524 1530 1542 1554 1560 1569 1555 1549 1543 1525 1519 1513 1503 1501 24 4 6 24 4 8 1490 1478 1472 1496 1439 1485 1531 237 3 241 5 1491 24 4 0 23 8 1 1565 24 28 1443 240 1 1473 24 00 1444 236 6 237 4 2389 240 9 1475 243 9 242 7 24 02 1440 24 70 1451 241 6 1424 1445 1430 24 46 15 6 3 24 7 6 S ch 24 19 1511 1 5 1 0 1 5 3 0 240 2 23 9 0 241 0 146 3 146 9 1532 1566 1561 1537 1484 24 34 1479 238 2 239 7 1497 23 5 8 1447 242 1 1451 1567 24 22 -Not to Scale- -Not a Survey- RU Attachment number 2 Page 3 of 3 Ordinance No. 8253-1110 ORDINANCE NO. 8253-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF NURSERY ROAD APPROXIMATELY 495 FEET WEST OF SOUTH HAVEN DRIVE, CONSISTING OF EAST 85 FEET OF WEST 300 FEET OF NORTHWEST ¼ OF SOUTHWEST ¼ OF SOUTHEAST ¼ OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, LESS RIGHT OF WAY FOR NURSERY ROAD, WHOSE POST OFFICE ADDRESS IS 2419 NURSERY ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District The East Eighty-five (85) feet of the West From: Agricultural Estate Three Hundred (300) feet of the Northwest Residential District Quarter (NW ¼) of the Southwest quarter (A-E)( Pinellas County) (SW ¼) of the Southeast quarter (SE ¼) of Section 19, Township 29 South, Range 16 East, To: Institutional (I) Pinellas County, Florida. LESS any part of said Tract lying within right of way of Nursery Road. (REZ2011-02003) The map or maps attached as Exhibit(s) are hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 8252-11 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. Attachment number 3 Page 1 of 3 Ordinance No. 8253-1110 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 Page 2 of 3 ZONING MAP Owners: Unity Clearwater Inc. Case: ANX2011-02001 LUP2011-02003 REZ2011-02003 Site: 2419 Nursery Road Property Size(Acres): 1.243 Land Use Zoning PIN: 19-29-16-00000-430-0300 From : To: RU, WATER/DRAINAGE FEATURE A-E (County) I, WATER/DRAINAGE FEATURE I (City) Atlas Page: 317B 43/02 43/05 1.83 43/0343/04 5.36 1.311.24 547 548 549 550551552 568 569 496 497 1 2 3 456 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 23 24 25 26 27 28 29 30 31 32 33 34 11 12 1314151617181920212223242526 1 23 4 5 67 8 9 10 1112 1 2 3 4 5 12 13 15 16 17 18 10 9 17 11 14882 01440 84330 77079 70272 60 15 80 7373738080 66669080 60 60 60 7373 9090 80 15 30 A C A C(C)A C(C) AC(C) 1 1 2 2 3 NURSERY RD HAVANA DR S HAVE N DR ROS ETRE E CT STE WART BLVD C H A TEAU WOOD DR I LMDR LDR LMDR MDR LMDR LMDR 23712465 1450 23832375239124152403 2401 1521 1 5 4 1 1560 1 55 0 15 40 1 5 2 0 2404 14631469 1500 1518 1524 1530 1532 1542 1554 1560 1555 1549 1543 1537 1525 1501 244 6 244 8 1490 1478 1472 1496 1439 1531 237 3 241 5 1491 238 1 1565 242 8 1443 240 1 1473 240 0 1444 236 6 237 4 2389 240 9 1475 243 9 242 7 240 2 1440 247 0 1451 1497 241 6 1447 1424 242 1 1445 1451 24 4 6 247 6 Sc h 241 9 1511 1 5 5 1 1 5 1 0 1 5 3 0 240 2 239 0 241 0 15661569 1561 1519 1513 1503 1484 1485 244 0 243 4 1479 238 2 239 7 235 8 1430 1567 242 2 1 5 6 3 -Not to Scale- -Not a Survey- Attachment number 3 Page 3 of 3 LOCATION MAP Owners: Unity Clearwater Inc. Case: ANX2011-02001 LUP2011-02003 REZ2011-02003 Site: 2419 Nursery Road Property Size(Acres): 1.243 Land Use Zoning PIN: 19-29-16-00000-430-0300 From : To: RU, WATER/DRAINAGE FEATURE A-E (County) I, WATER/DRAINAGE FEATURE I (City) Atlas Page: 317B -Not to Scale- -Not a Survey- [ PROJECT SITE Attachment number 4 Page 1 of 8 AERIAL PHOTOGRAPH Owners: Unity Clearwater Inc. Case: ANX2011-02001 LUP2011-02003 REZ2011-02003 Site: 2419 Nursery Road Property Size(Acres): 1.243 Land Use Zoning PIN: 19-29-16-00000-430-0300 From : To: RU, WATER/DRAINAGE FEATURE A-E (County) I, WATER/DRAINAGE FEATURE I (City) Atlas Page: 317B NURSERY RD NUR SERY RD HAVANA DR HAVANA DR S H AV EN D R S H AV EN D R R OS ET REE CT R OS ET REE CT ST EW A RT B LV D ST EW A RT B LV D CHATEAU WO OD DR CHATEAU WO OD DR -Not to Scale- -Not a Survey- Attachment number 4 Page 2 of 8 PROPOSED ANNEXATION MAP Owners: Unity Clearwater Inc. Case: ANX2011-02001 LUP2011-02003 REZ2011-02003 Site: 2419 Nursery Road Property Size(Acres): 1.243 Land Use Zoning PIN: 19-29-16-00000-430-0300 From : To: RU, WATER/DRAINAGE FEATURE A-E (County) I, WATER/DRAINAGE FEATURE I (City) Atlas Page: 317B 43/02 43/05 1.83 43/0343/04 5.36 1.311.24 547 548 549 550551552 568 569 496 497 1 2 3 456 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 23 24 25 26 27 28 29 30 31 32 33 34 11 12 1314151617181920212223242526 1 23 4 5 67 8 9 10 1112 1 2 3 4 5 12 13 15 16 17 18 10 9 17 11 14882 01440 84330 77079 70272 60 15 80 7373738080 66669080 60 60 60 7373 9090 80 15 30 A C A C(C)A C(C) AC(C) 1 1 2 2 3 NURSERY RD HAVANA DR S HAVE N DR ROS ETRE E CT STE WART BLVD C H A TEAU WOOD DR 23712465 1450 23832375239124152403 2401 1521 1 5 4 1 15 511560 1 55 0 154 0 1 5 2 0 1 5 3 0 2404 14631469 1500 1518 1524 1530 1532 1542 1554 1560 1555 1549 1543 1537 1525 1519 1513 1503 1501 2446 2448 1490 1478 1472 1496 1439 1485 1531 2373 2415 1491 2381 1565 2428 1443 2401 1473 2400 1444 2366 2374 2389 2409 1475 2439 2427 2402 1440 2470 1451 1497 2416 1447 1424 2421 1445 1451 24 46 2476 S ch 2419 1511 1 5 1 0 2402 2390 2410 15661569 1561 1484 2440 2434 1479 2382 2397 2358 1430 1567 2422 15 63 -Not to Scale- -Not a Survey- Attachment number 4 Page 3 of 8 FUTURE LAND USE MAP Owners: Unity Clearwater Inc. Case: ANX2011-02001 LUP2011-02003 REZ2011-02003 Site: 2419 Nursery Road Property Size(Acres): 1.243 Land Use Zoning PIN: 19-29-16-00000-430-0300 From : To: RU, WATER/DRAINAGE FEATURE A-E (County) I, WATER/DRAINAGE FEATURE I (City) Atlas Page: 317B 43/02 43/05 1.83 43/0343/04 5.36 1.311.24 547 548 549 550551552 568 569 496 497 1 2 3 456 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 23 24 25 26 27 28 29 30 31 32 33 34 11 12 1314151617181920212223242526 1 23 4 5 67 8 9 10 1112 1 2 3 4 5 12 13 15 16 17 18 10 9 17 11 14882 01440 84330 77079 70272 60 15 80 7373738080 666690 60 60 60 7373 9090 80 15 30 AC AC(C)AC(C) A C(C) 1 1 2 2 3 NURSERY RD HAVANA DR S HAVE N DR ROS ETRE E CT STE WART BLVD C H A TEAU WOOD DR I I RU RL RU RU RU RU RU RU WATER RU 23712465 1450 23832375239124152403 2401 1521 1 54 115 5 1 1560 15 50 15 40 15 2 0 2404 1500 1518 1524 1530 1542 1554 1560 1569 1555 1549 1543 1525 1519 1513 1503 1501 24 4 6 24 4 8 1490 1478 1472 1496 1439 1485 1531 237 3 241 5 1491 24 4 0 23 8 1 1565 24 28 1443 240 1 1473 24 00 1444 236 6 237 4 2389 240 9 1475 243 9 242 7 24 02 1440 24 70 1451 241 6 1424 1445 1430 24 46 15 6 3 24 7 6 S ch 24 19 1511 1 5 1 0 1 5 3 0 240 2 23 9 0 241 0 146 3 146 9 1532 1566 1561 1537 1484 24 34 1479 238 2 239 7 1497 23 5 8 1447 242 1 1451 1567 24 22 -Not to Scale- -Not a Survey- RU Attachment number 4 Page 4 of 8 ZONING MAP Owners: Unity Clearwater Inc. Case: ANX2011-02001 LUP2011-02003 REZ2011-02003 Site: 2419 Nursery Road Property Size(Acres): 1.243 Land Use Zoning PIN: 19-29-16-00000-430-0300 From : To: RU, WATER/DRAINAGE FEATURE A-E (County) I, WATER/DRAINAGE FEATURE I (City) Atlas Page: 317B 43/02 43/05 1.83 43/0343/04 5.36 1.311.24 547 548 549 550551552 568 569 496 497 1 2 3 456 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 23 24 25 26 27 28 29 30 31 32 33 34 11 12 1314151617181920212223242526 1 23 4 5 67 8 9 10 1112 1 2 3 4 5 12 13 15 16 17 18 10 9 17 11 14882 01440 84330 77079 70272 60 15 80 7373738080 66669080 60 60 60 7373 9090 80 15 30 A C A C(C)A C(C) AC(C) 1 1 2 2 3 NURSERY RD HAVANA DR S HAVE N DR ROS ETRE E CT STE WART BLVD C H A TEAU WOOD DR I LMDR LDR LMDR MDR LMDR LMDR 23712465 1450 23832375239124152403 2401 1521 1 5 4 1 1560 1 55 0 15 40 1 5 2 0 2404 14631469 1500 1518 1524 1530 1532 1542 1554 1560 1555 1549 1543 1537 1525 1501 244 6 244 8 1490 1478 1472 1496 1439 1531 237 3 241 5 1491 238 1 1565 242 8 1443 240 1 1473 240 0 1444 236 6 237 4 2389 240 9 1475 243 9 242 7 240 2 1440 247 0 1451 1497 241 6 1447 1424 242 1 1445 1451 24 4 6 247 6 Sc h 241 9 1511 1 5 5 1 1 5 1 0 1 5 3 0 240 2 239 0 241 0 15661569 1561 1519 1513 1503 1484 1485 244 0 243 4 1479 238 2 239 7 235 8 1430 1567 242 2 1 5 6 3 -Not to Scale- -Not a Survey- Attachment number 4 Page 5 of 8 EXISTING SURROUNDING USES Owners: Unity Clearwater Inc. Case: ANX2011-02001 LUP2011-02003 REZ2011-02003 Site: 2419 Nursery Road Property Size(Acres): 1.243 Land Use Zoning PIN: 19-29-16-00000-430-0300 From : To: RU, WATER/DRAINAGE FEATURE A-E (County) I, WATER/DRAINAGE FEATURE I (City) Atlas Page: 317B 43/02 43/05 1.83 43/0343/04 5.36 1.311.24 547 548 549 550551552 568 569 496 497 1 2 3 456 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 23 24 25 26 27 28 29 30 31 32 33 34 11 12 1314151617181920212223242526 1 23 4 5 67 8 9 10 1112 1 2 3 4 5 12 13 15 16 17 18 10 9 17 11 14882 01440 84330 77079 70272 60 15 80 7373738080 66669080 60 60 60 7373 9090 80 15 30 A C A C(C)A C(C) AC(C) 1 1 2 2 3 NURSERY RD HAVANA DR S HAVE N DR ROS ETRE E CT STE WART BLVD C H A TEAU WOOD DR 23712465 1450 23832375239124152403 2401 1521 1 5 4 1 15 511560 1 55 0 154 0 1 5 2 0 1 5 3 0 2404 14631469 1500 1518 1524 1530 1532 1542 1554 1560 1555 1549 1543 1537 1525 1519 1513 1503 1501 2446 2448 1490 1478 1472 1496 1439 1485 1531 2373 2415 1491 2381 1565 2428 1443 2401 1473 2400 1444 2366 2374 2389 2409 1475 2439 2427 2402 1440 2470 1451 1497 2416 1447 1424 2421 1445 1451 24 46 2476 S ch 2419 1511 1 5 1 0 2402 2390 2410 15661569 1561 1484 2440 2434 1479 2382 2397 2358 1430 1567 2422 15 63 -Not to Scale- -Not a Survey- Single Family Residential Single Family Residential Single Family Residential Church Attachment number 4 Page 6 of 8 Subject property, 2419 Nursery RoadSouthern part of the subject property West of the subject propertyEast of the subject property ANX2011-02001, LUP2011-02003, REZ2011-02003 Unity Clearwater, Inc. 2419 Nursery Road North of the subject propertyNorth of the subject property Attachment number 4 Page 7 of 8 Looking EastLooking West ANX2011-02001, LUP2011-02003, REZ2011-02003 Unity Clearwater, Inc. 2419 Nursery Road Attachment number 4 Page 8 of 8 CDB Meeting: April 19, 2011 Case No: LUP2011-02003 Applicant: Unity Clearwater, Inc. Address: 2419 Nursery Road Agenda Item: E-1 Community Development Board – April 19, 2011 - Case LUP2011-02003 -Page 1 of 7 C:\Documents and Settings\Priyanka.Thatte\Desktop\items for muni\LUP2011-02003 staff report FINAL.doc STAFF REPORT LAND USE PLAN AMENDMENT I. GENERAL INFORMATION Request: To amend the present Future Land Use Map designations from Residential Urban (RU) and Water/Drainage Feature to Institutional (I) and Water/Drainage Feature Location: 2419 Nursery Road, located on the south side of Nursery Road approximately 2347.5 feet west of U.S.19 Site Area: 54144.86 square feet or 1.243 acres MOL II. BACKGROUND A. Proposal This case involves a 1.243-acre property located at 2419 Nursery Road and owned by Unity Clearwater, Inc. The property is comprised of 1 parcel and is currently occupied by a structure used for single family dwelling. The request is to change the property’s Future Land Use Map designations of Residential Urban (RU) and Water/Drainage Feature to Institutional (I) and Water/Drainage Feature. The applicant has indicated that the intended future use of the property will be church support facilities. A request for an annexation along with rezoning of the property from Agricultural Estate Residential District (A-E) (county) to Institutional (I) are being processed concurrently with this case. (See agenda item E-2) III. SITE AND VICINITY CHARACTERISTICS A. Site Characteristics The subject property is a parcel located on the south side of Nursery Road and west of U.S.19. The property is currently used as a single family dwelling and approximately the southern half of the site is occupied by a natural pond. Adjacent to the property, on the east side is the Unity Church main campus and on the south, west and north of the site are single family dwellings. Attachment number 5 Page 1 of 7 Community Development Board – April 19, 2011 - Case LUP2011-02003 - Page 2 of 7 C:\Documents and Settings\Priyanka.Thatte\Desktop\items for muni\LUP2011-02003 staff report FINAL.doc B. Surrounding Future Land Use and Zoning Designations Direction Existing Conditions Land Use FLUM Designation Zoning Atlas Designation North: Single family dwelling Residential Urban (RU) Low Medium Density Residential (LMDR) East: Church Institutional (I) Institutional (I) South: Single family dwelling Residential Urban (RU) Single family Residential District (R3) West: Single family dwelling Residential Urban (RU) and Water/Drainage Feature Agricultural Estate Residential District (A-E) (county) C. Uses and Intensities Allowed by Present and Requested Future Land Use Designations Present FLUM Designation Residential Urban (RU) Requested FLUM Designation Institutional (I) Primary Uses: Urban Low Density Residential Public/Private Schools; Churches; Public Offices; Hospitals Maximum Density: 2.5 Dwelling Units Per Acre 12.5 Dwelling Units Per Acre (Hospital Bonus Provision FAR 1.0 Subject to Bonus Provisions) Maximum Intensity: FAR 0.30; ISR 0.60 FAR 0.65; ISR 0.85 Consistent Zoning Districts: Low Medium Density Residential (LMDR); Medium Density Residential (MDR) Institutional (I) and Water/Drainage Feature IV. REVIEW CRITERIA No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. D. Consistency with the Clearwater Comprehensive Plan [Section 4-602.F.1] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendments include: Goal A.2 A sufficient variety and amount of Future Land Use categories shall be provided to accommodate public demand and promote infill development. Attachment number 5 Page 2 of 7 Community Development Board – April 19, 2011 - Case LUP2011-02003 - Page 3 of 7 C:\Documents and Settings\Priyanka.Thatte\Desktop\items for muni\LUP2011-02003 staff report FINAL.doc Objective A.2.1 Public institutions, such as hospitals, parks, utility facilities and government facilities, shall be provided sufficient land area to accommodate identified public needs. Policy A.5.3.7 Support the continued existence of the residential and institutional character along Nursery Road between Belcher and U.S. 19 by precluding the expansion of existing commercial areas. Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. Recommended Conclusions of Law The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the following. It will consolidate the church’s property into the appropriate category and enable the church to use it for accessory church related uses. E. Consistency with the Countywide Plan Rules Recommended Findings of Fact: Section 2.3.3.7.3 of the Countywide Plan Rules states that the purpose of the Institutional (I) future land use classification is to depict those areas of the county that are now used, or appropriate to be used, for public/semi-public institutional purposes; and to recognize such areas consistent with the need, character and scale of the institutional use relative to surrounding uses, transportation facilities and natural resource features. Section 2.3.3.7.3 also states that the Institutional (I) future land use classification is generally appropriate to those locations where educational, health, public safety, civic, religious and like institutional uses are required to serve the community; and to recognize the special needs of these uses relative to their relationship with surrounding uses and transportation access. The subject property is located on the west side of the main Unity Church campus and is surrounded on the other three sides by single family dwellings that have Residential Urban land use plan designation. Future use of the subject property with church support facilities is consistent with the purposes of the Institutional (I) future land use category and compatible with surrounding properties and the neighborhood. Recommended Conclusions of Law The proposed Future Land Use Map amendment is consistent with the purpose and locational characteristics of the Countywide Plan Rules. C. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Attachment number 5 Page 3 of 7 Community Development Board – April 19, 2011 - Case LUP2011-02003 - Page 4 of 7 C:\Documents and Settings\Priyanka.Thatte\Desktop\items for muni\LUP2011-02003 staff report FINAL.doc Existing surrounding uses consist of the Unity Church main campus, single family dwellings and a natural pond. The future land use designation of surrounding properties include Institutional (I), Residential Urban (RU) and Water/Drainage Feature. The future expansion of church support facilities on the subject property is compatible with the surrounding properties and neighborhood. The proposed Institutional (I) future land use category permits 12.5 dwelling units per acre and a floor area ratio (FAR) of 0.65. The proposed Institutional (I) and Water/Drainage Feature future land use designations are in character with the overall Future Land Use Map designation in the neighborhood surrounding the subject property. The Institutional (I) future land use classification requested is consistent with the surrounding Institutional (I) future land use classifications that exist in the vicinity of the subject property. The proposed future land use designation will allow church support facilities at a density and scale that is consistent with existing institutional and residential uses in the vicinity of the subject property. As such, the proposed amendment will allow development that is in character with the surrounding area. Recommended Conclusions of Law The proposed future land use designation is in character with the overall Future Land Use Map designation in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. D. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested Future Land Use Map designations was analyzed (see Table 1). The request for amendment to the Institutional (I) Future Land Use Map category would allow five additional dwelling units or 37901.4 square feet of nonresidential floor area on the subject property. Table 1. Development Potential for Existing & Proposed FLUM Designations Site Area 1.243 AC (54144.86 SF) Present FLUM Designation “RU” Requested FLUM Designation “I” Net Change Attachment number 5 Page 4 of 7 Community Development Board – April 19, 2011 - Case LUP2011-02003 - Page 5 of 7 C:\Documents and Settings\Priyanka.Thatte\Desktop\items for muni\LUP2011-02003 staff report FINAL.doc Existing Development 7.5 DUs 21657.9 SF 0.40 FAR 12.5 Dus 37901.4 SF 0.70 FAR 5.0 Dus 16243.5 SF 0.30 FAR Maximum Development 9.32 Dus 21657.9 SF 0.40 FAR 15.53 Dus 37901.4 SF 0.70 FAR 6.0 Dus 16243.5 SF 0.30 FAR Abbreviations: FLUM – Future Land Use Map AC – Acres SF – Square feet Dus – Dwelling units FAR – Floor area ratio The proposed change in designations would allow an increase in the number of dwelling units, and amount of allowable Floor Area Ratio (thus an increase in square footage). Table 2. Public Facilities Level of Service Analysis Public Facility/Service Maximum Potential Impact to Public Facilities/Services Capacity Available?Present FLUM Designation “RU” Requested FLUM Designation “I” Streets 85 Trips1 129 Trips1 Yes Potable Water 2427.58 GPD2 3519.42 GPD2 Yes Wastewater 2184.82 GPD2 2815.53 GPD2 Yes Solid Waste 23.63 Tons/Year 27.86 Ton/Year Yes Parkland 0.0 Acres3 0.0 Acres3 Yes Public School Facilities3 Yes Elementary 0.15 Students 0.0 Students Yes Middle School 0.07 Students 0.0 Students Yes High School 0.10 Students 0.0 Students Yes Notes: 1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules. - Residential Urban - Institutional 2. GPD – Gallons per day. 3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit. 4. Pinellas County School Board student generation rate per unit: - Elementary School: 0.15 students per unit x 1 unit - Middle School: 0.07 students per unit x 1 unit - High School: 0.10 students per unit x 1 unit As shown in Table 3 below, the potential additional maximum daily trips associated with the requested for amendment to the Institutional (I) Future Land Use designation would not lower the operating level of service for Nursery Road. Table 3: Maximum Potential Traffic Attachment number 5 Page 5 of 7 Community Development Board – April 19, 2011 - Case LUP2011-02003 - Page 6 of 7 C:\Documents and Settings\Priyanka.Thatte\Desktop\items for muni\LUP2011-02003 staff report FINAL.doc Nursery Road (US 19 to Belcher Road) Existing Condition s Curren t FLUM 1 Propose d FLUM2 Net New Trips Potential Additional Maximum Daily Trips N/A 85 129 44 Potential Additional Maximum PM Peak HourTrips3 N/A 8 12 4 Roadway Volume 7,8034 7,8885 7,9325 44 Roadway Level of Service PM Peak Hour D4 B5 B5 Adopted Roadway Level of Service Standard D Peak Hour Abbreviations and Notes: N/A = Not Applicable. FLUM = Future Land Use Map, Clearwater Comprehensive Plan. 1. Based on PPC calculations of 68 trips per day per acre in the Residential Urban (RU) future land use category. 2. Based on PPC calculations of 104 trips per day per acre for “religious/civic facilities” in the Institutional (I) future land use category 3. Based on MPO K-factor of 0.095. 4. Source: Pinellas County Metropolitan Planning Organization 2010 Level of Service Report. 5. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2010 Level of Service Report and the 2009 Florida Department of Transportation Quality/Level of Service Handbook. Recommended Conclusions of Law Based upon the findings of fact, it is determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on Gulf to Bay Boulevard. There is a minimal impact to potable water, wastewater and solid waste service and City facilities have adequate capacity to accommodate the maximum demand generated by the proposed amendment. Furthermore, parkland, recreation facilities, public school facilities and mass transit will not be affected by the proposed amendment. E. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: The intent of the owner is to use the existing building in the future for a church support use. There is a natural pond on the subject property. It occupies the rear side of the property. There is no impact to the pond and it is being designated on the map as “Water/Drainage Feature”. Recommended Conclusions of Law Based on current information, there is a natural pond on the subject property. Any future development of the property would require compliance with all applicable regulations, including the City’s tree preservation and storm water management requirements. Attachment number 5 Page 6 of 7 Community Development Board – April 19, 2011 - Case LUP2011-02003 - Page 7 of 7 C:\Documents and Settings\Priyanka.Thatte\Desktop\items for muni\LUP2011-02003 staff report FINAL.doc V. REVIEW PROCEDURE Approval of the Future Land Use Map amendment does not guarantee the right to develop the subject property. The Future Land Use Map amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the requested density, review and approval by the Florida Department of Community Affairs is required. The property owner must comply with all laws and ordinances in effect at the time development permits are requested, including transportation concurrency provisions of the Concurrency Management System in Division 9, Community Development Code. VI. RECOMMENDATION Based on the foregoing, the Planning & Development Department recommends the following action: Recommend APPROVAL of the request for Future Land Use Map amendment from the Residential Urban (RU) and Water/Drainage Feature (Water) classification to the Institutional (I) and Water/Drainage Feature (Water) classification. Prepared by Planning & Development Department staff: ___________________________ Priyanka Thatte, Urban Designer Attachments: Resume Application for Future Land Use Plan Amendment Location Map Aerial Photograph of Site and Vicinity Future Land Use Map Zoning Map Existing Surrounding Use Map Site Photographs Attachment number 5 Page 7 of 7 Community Development Board – April 19, 2011 - Case REZ2011-02003 -Page 1 of 6 S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2011\Nursery Road 2419 REZ2011-02003 Unity Clearwater Inc\Staff Report\REZ2011-02003 Staff Report Final.docx CDB Meeting: April 19, 2011 Case No: REZ2011-02003 Applicant: Unity Clearwater, Inc. Address: 2419 Nursery Road Agenda Item: E-2 STAFF REPORT ZONING ATLAS AMENDMENT I. GENERAL INFORMATION Request: To amend the Zoning Atlas designation from Agricultural Estate Residential District (A-E) (county) to Institutional (I) Location: 2419 Nursery Road, located on the south side of Nursery Road and approximately 2347.5 feet west of U.S.19 Site Area: 54144.86 square feet or 1.243 acres MOL II. BACKGROUND This case involves a 1.243-acre property located at 2419 Nursery Road and owned by Unity Clearwater, Inc. The property is comprised of one parcel and is currently occupied by a structure used for single family dwelling and a water body. The request is to change the property’s Zoning Atlas designation of Agricultural Estate Residential District (A-E) (county) to Institutional (I). A request for an annexation along with Future Land Use Map amendment for the property from the Residential Urban (RU) and Water to Institutional (I) and Water/Drainage Feature Future Land Use Map designation is also being processed concurrently with this case. (See agenda item E-1) III. SITE AND VICINITY CHARACTERISTICS A. Site Characteristics The subject property is a parcel located on the south side of Nursery Road and west of U.S.19. The property is currently used as a single family dwelling and approximately the rear half of the site is natural pond. Adjacent to the property, on the east side, is the Unity Church main campus and on the south, west and north of the site are single family dwellings. B. Surrounding Future Land Use and Zoning Designations Direction Existing Conditions Land Use FLUM Designation Zoning Designation North: Single family dwelling Residential Urban (RU) Low Medium Density Residential (LMDR) East: Church Institutional (I) Institutional (I) South: Single family dwelling Residential Urban Single family Residential Attachment number 6 Page 1 of 6 Community Development Board – April 19, 2011 - Case REZ2011-02003 -Page 2 of 6 S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2011\Nursery Road 2419 REZ2011-02003 Unity Clearwater Inc\Staff Report\REZ2011-02003 Staff Report Final.docx Direction Existing Conditions Land Use FLUM Designation Zoning Designation (RU) District (R3) West: Single family dwelling Residential Urban (RU) and Water/Drainage Feature Agricultural Estate Residential District (A-E) (county) C. Uses and Intensities Allowed by Present and Requested Zoning Designations The current zoning designation for this parcel is Agricultural Estate Residential District (A-E) (county). The development under this zoning designation is comprised of large lot, rural/agricultural type of development. Urbanization of these areas is intended to be very limited with primary uses to consist of single-family dwellings in a rural environment, including limited farming activity. General agriculture may also be permitted within this district; however, due to the extensively urbanized character of the county, general agriculture may not be appropriate within a given area of this district and therefore requests for such uses may only be authorized within a given area of this district and therefore requests for such uses may only be authorized by the board of county commissioners on a case-by-case basis. The use permitted in this zone is single family dwellings and accessory uses to these may be permitted. The maximum area of the lot or parcel in an A-E district which may be covered by structures shall not exceed 25 percent. A minimum of 40 percent of the parcel must remain in open permeable open space. The proposed zoning designation for this parcel is Institutional (I). The allowable uses under this zoning category are Assisted Living Facilities, Cemeteries, Congregate Care, Educational Facilities, Governmental Uses, Hospitals, Nursing Homes, Places of Worship, Parks and Recreation Facilities and Schools. The maximum intensity allowed under this zoning category is 0.65 FAR and 0.85 ISR. IV. REVIEW CRITERIA No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. A. Consistency of Development with the Clearwater Comprehensive Plan and Community Development Code and City Regulations [Section 4-602.F.1 and 4- 602.F.2] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendments include: Objective A.2.1 Public institutions, such as hospitals, parks, utility facilities and government facilities, shall be provided sufficient land area to accommodate identified public needs. Attachment number 6 Page 2 of 6 Community Development Board – April 19, 2011 - Case REZ2011-02003 -Page 3 of 6 S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2011\Nursery Road 2419 REZ2011-02003 Unity Clearwater Inc\Staff Report\REZ2011-02003 Staff Report Final.docx Policy A.5.3.7 Support the continued existence of the residential and institutional character along Nursery Road between Belcher and U.S. 19 by precluding the expansion of existing commercial areas. Recommended Conclusions of Law The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the following. The designation of the subject property under the Institutional (I) zoning classification provides additional land for planned development to meet public demand and need. The consolidation of the subject property into Institutional District will consolidate the church’s property into the appropriate district. Church support facilities on the subject property would be compatible with the surrounding environment and envisioned character of the neighborhood. B. Compatibility with Surrounding Property/Character of the City & Neighborhood [Sections 4-602.F.3 and 4-602.F.4] Recommended Findings of Fact: Existing uses of surrounding properties consist of the Unity Church main campus, single family dwellings and water. Surrounding zoning includes the Institutional (I) District on adjacent church-owned property on the west and Low Medium Density Residential (LMDR) on the other three sides of the subject property. The future expansion use of church support facilities on the subject property is compatible with the surrounding properties and neighborhood. The Institutional (I) zoning district primarily permits school, church, public office and hospital uses. The proposed Institutional (I) zoning designation is in character with the overall zoning designations in the neighborhood surrounding the subject property. The proposed zoning designation will allow church support facilities at a density and scale that is consistent with existing institutional and residential uses in the vicinity of the subject property. As such, the proposed amendment will allow development that is in character with the surrounding area. Recommended Conclusions of Law The proposed zoning designation is in character with the overall zoning designation in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. C. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested Future Land Use Map designations was analyzed (see Table 1 and companion agenda item E-1). The request for amendment to the Institutional (I) zoning designation would allow five additional dwelling units or 37901.4 square feet of nonresidential floor area on the subject property. Attachment number 6 Page 3 of 6 Community Development Board – April 19, 2011 - Case REZ2011-02003 -Page 4 of 6 S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2011\Nursery Road 2419 REZ2011-02003 Unity Clearwater Inc\Staff Report\REZ2011-02003 Staff Report Final.docx Table 1. Development Potential for Existing & Proposed FLUM Designations Site Area 1.243 AC (54144.86 SF) Present FLUM Designation “RU” Requested FLUM Designation “I” Net Change Existing Development 7.5 DUs 21657.9 SF 0.40 FAR 12.5 DUs 37901.4 SF 0.70 FAR 5.0 DUs 16243.5 SF 0.30 FAR Maximum Development 9.32 DUs 21657.9 SF 0.40 FAR 15.53 DUs 37901.4 SF 0.70 FAR 0.0 DUs 16243.5 SF 0.30 FAR Abbreviations: FLUM – Future Land Use Map AC – Acres SF – Square feet DUs – Dwelling units FAR – Floor area ratio The proposed change in designations would allow an increase in the number of dwelling units, and amount of allowable Floor Area Ratio (thus an increase in square footage). Table 2. Public Facilities Level of Service Analysis Public Facility/Service Maximum Potential Impact to Public Facilities/Services Capacity Available?Present FLUM Designation “RU” Requested FLUM Designation “I” Streets 85 Trips1 129 Trips1 Yes Potable Water 2427.58 GPD2 3519.42 GPD2 Yes Wastewater 2184.82 GPD2 2815.53 GPD2 Yes Solid Waste 23.63 Tons/Year 27.86 Ton/Year Yes Parkland 0.0 Acres3 0.0 Acres3 Yes Public School Facilities3 Yes Elementary 0.15 Students 0.0 Students Yes Middle School 0.07 Students 0.0 Students Yes High School 0.10 Students 0.0 Students Yes Need Notes: 1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules. - Residential Urban - Institutional 2. GPD – Gallons per day. 3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit. 4. Pinellas County School Board student generation rate per unit: - Elementary School: 0.15 students per unit x 1 unit - Middle School: 0.07 students per unit x 1 unit Attachment number 6 Page 4 of 6 Community Development Board – April 19, 2011 - Case REZ2011-02003 -Page 5 of 6 S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2011\Nursery Road 2419 REZ2011-02003 Unity Clearwater Inc\Staff Report\REZ2011-02003 Staff Report Final.docx - High School: 0.10 students per unit x 1 unit Table 3: Trip Generation Comparison by Zoning Designation below indicates the estimated trip generation for specific uses allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer’s (ITE) Trip Generation 8th Edition. The analysis compares trips generated by a single family residential use that would be probable under the existing zoning designation to a use representing the maximum development potential under the proposed zoning district, in this case a church. Table 3: Trip Generation Comparison by Zoning Atlas Designation Land Use Development Potential Avg. Daily Trips Net Change Avg Daily Trips PM Peak Trips Avg Rate PM Peak Trips Net Change PM Peak Trips Existing Designation: Agricultural Estate Residential District Single Family Detached Housing1 (9.57 trips/Dwelling unit) 9 DU3 86 N/A 1.02 9 N/A Proposed Designation: Institutional District Church2 (9.11 trips/1,000 SF GFA) 37,901 SF4 345 259 0.55 21 12 Abbreviations and Notes: N/A = Not Applicable. SF = Square Feet GFA = Gross Floor Area 1. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 210. 2. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 560. 3. Total dwelling units permitted by the underlying RU Future Land Use Map category is 7.50. 4. Total gross floor area ratio permitted by the underlying I Future Land Use Map category is 0.70. Recommended Conclusions of Law Based upon the findings of fact, it its determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on Nursery Road. There is a minimal impact to potable water, wastewater and solid waste service as City facilities have adequate capacity to accommodate the maximum demand generated by the proposed amendment. Furthermore, parkland, recreation facilities, public school facilities and mass transit will not be affected by the proposed amendment. D. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Institutional (I) District boundaries is consistent with the boundaries of the subject property. The proposed Institutional (I) District boundaries would consolidate the subject property into a single zoning district. The proposed Institutional (I) District is compatible with the single-family uses to the north, south and west. Attachment number 6 Page 5 of 6 Community Development Board – April 19, 2011 - Case REZ2011-02003 -Page 6 of 6 S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2011\Nursery Road 2419 REZ2011-02003 Unity Clearwater Inc\Staff Report\REZ2011-02003 Staff Report Final.docx Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. V. REVIEW PROCEDURE Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject property. The property owner must comply with all laws and ordinances in effect at the time development permits are requested, including transportation concurrency provisions of the Concurrency Management System in Division 9, Community Development Code. VI. RECOMMENDATION Based on the foregoing, the Planning & Development Department recommends the following action: Recommend APPROVAL of the request for Zoning Atlas amendment from the Agricultural Estate Residential District (A-E) (county) to the Institutional (I) District. Prepared by Planning & Development Department staff: _________________________ Priyanka Thatte, Urban Designer Attachments: Resume Application for Future Land Use Plan Amendment Location Map Aerial Photograph of Site and Vicinity Future Land Use Map Zoning Map Existing Surrounding Use Map Site Photographs Attachment number 6 Page 6 of 6 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG), Residential Urban (RU) and Commercial General (CG) classifications to the Residential/Office/Retail (R/O/R) Classification and a Zoning Atlas Amendment from the Office (O) and Low Medium Density Residential (LMDR) districts to the Commercial (C) District, and a Development Agreement between Cay 1475, LLC (the property owner) and the City of Clearwater for property located at 1475 Sunset Point Road (unplatted land in NW ¼ of SW ¼ of Section 2, Township 29 South, Range 15 East, and part of Lot 9 Brentwood Estates) ; do not pass Ordinances 8254-11 and 8255-11 on first reading and do not adopt Resolution 11-09. (LUP2011-01001, REZ2011-01001 and DVA2011-01001) SUMMARY: This future land use map amendment, rezoning application and development agreement involves a 1.52-acre parcel, located on the south side of Sunset Point Road, approximately 150 feet west of North Highland Avenue. This property has Future Land Use Mapclassifications of Residential/Office General (R/OG), Residential Urban (RU) and Commercial General (CG) and zoning designations of Office (O) and Low Medium Density Residential (LMDR). The applicant is requesting to amend the future land use classification to the Residential/Office/Retail (R/O/R) classification and the zoning district to the Commercial (C) District. The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closure of Bank of America. The former bank site contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive through and drive isle traversing the eastern portion of the property and connecting to Highland Avenue. Retail sales and services is the proposed use (a Family Dollar store). The Planning and Development Department has determined that the proposed future land use mapamendment and zoning atlas amendment isinconsistent with the Community Development Code as specified below: The proposed amendment is inconsistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. The proposed amendment conflicts with the character of the neighborhood . The available uses in the Commercial (C) District are incompatible with the surrounding area. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and approval by the Florida Department of Community Affairs is required. The applicant is requesting approval of a Development Agreement in conjunction with the proposed future land use plan amendment and zoning atlas amendment. Retail Sales and Services use of up to 8,320 square feet of non-residential floor area (0.125 Floor Area Ratio) at a maximum height of 25 feet is proposed. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years and requires the Developer to restrict certain uses, such as adult entertainment, nightclubs or bars with on premises consumption and new and used car sales. The Planning and Development Department has determined that the proposed Development Agreement is inconsistent with the City’s Comprehensive Plan. Cover Memo The Community Development Board will review these applications at its public hearing on May 17, 2011. The Planning and Development Department will report its recommendation at the May 19, 2011 City Council meeting. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Community Development Board – May 17, 2011 - Case LUP2011-01001 -Page 1 of 9 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14551.1.LUP2011-01011_Staff_Report.docx CDB Meeting Date: May 17, 2011 Case Number: LUP2011-01001 Owner/Applicant: Cay 1475 LLC Address: 1475 Sunset Point Road Agenda Item: E-1 STAFF REPORT LAND USE PLAN AMENDMENT I. GENERAL INFORMATION Request: To amend the Future Land Use Map designations from Residential Urban (RU), Residential/Office General (R/OG) and Commercial General (CG) to Residential/Office/Retail (R/O/R) Location: 1475 Sunset Point Road, located on the south side of Sunset Point Road, approximately 150 feet west of Highland Avenue Site Area: 66,211 square feet or 1.52 acres MOL II. BACKGROUND This case involves a 1.52-acre property located at 1475 Sunset Point Road and owned by Cay 1475 LLC. The property is comprised of one parcel and is currently occupied by a structure formerly used as a bank. The request is to change the property’s Future Land Use Map designations of Residential Urban (RU), Residential/Office General (R/OG) and Commercial General (CG) to Residential/Office/Retail (R/O/R). The applicant has indicated that the intended use of the property will be retail sales and services (Family Dollar). A Development Agreement and a request for rezoning of the property from Office (O) and Low Medium Density Residential (LMDR) to Commercial (C) are being processed concurrently with this case (see REZ2011-01001 and DVA2011-01001). The Development Review Committee approved a Flexible Standard Development application for Family Dollar at its March 3, 2011 meeting (issuance of development order pending approval of the associated cases). In June 2010 Belleair Development Group, LLC requested to amend the Future Land Use Map designations to Commercial General (CG). On July 20, 2010 the Community Development Board recommended denial of the request and on August 5, 2010, City Council denied the request. III. SITE AND VICINITY CHARACTERISTICS A. Site Characteristics The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closure of Bank of America. The former bank site contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive Attachment number 1 Page 1 of 9 Community Development Board – May 17, 2011 - Case LUP2011-01001 - Page 2 of 9 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14551.1.LUP2011-01011_Staff_Report.docx through and drive isle traversing the eastern portion of the property, connecting to Highland Avenue. The applicant intends to demolish the current building to develop the site as a Family Dollar retail store. B. Table 1: Surrounding Future Land Use and Zoning Designations Direction Existing Conditions Land Use FLUM Designation Zoning Atlas Designation North: Single family residential Residential Urban (RU) Low Medium Density Residential (LMDR) East: Vacant gas station Commercial General (CG) Commercial (C) South: Single family residential Residential Urban (RU) Low Medium Density Residential (LMDR) West: Retail store Residential/Office General (R/OG) Office (O) C. Table 2: Uses and Intensities Allowed by Present and Requested Future Land Use Designations Present FLUM Designation Residential Urban (RU) Present FLUM Designation Residential/Office General (R/OG) Present FLUM Designation Commercial General (CG) Requested FLUM Designation Residential/Office/ Retail (R/O/R) Primary Uses: Urban Low Density Residential Medium Density Residential/Office Office; Retail; Personal Service; Overnight Accommodations; Wholesale; Warehouse Residential; Residential Equivalent; Office; Retail; Overnight Accommodations; Personal/Business Services Maximum Density: 7.5 Dwelling Units Per Acre 15 Dwelling Units Per Acre 24 Dwelling Units Per Acre 18 Dwelling Units Per Acre Maximum Intensity: FAR 0.40; ISR 0.65 FAR 0.50; ISR 0.75 FAR 0.55; ISR 0.90 FAR 0.40; ISR 0.85 Consistent Zoning Districts: Low Medium Density Residential (LMDR); Medium Density Residential (MDR) Office (O); Medium Density Residential (MDR) Office (O); Commercial (C) Office (O); Commercial (C); Medium Density Residential (MDR) IV. REVIEW CRITERIA No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. A. Consistency with the Clearwater Comprehensive Plan [Section 4-603.F.1] Attachment number 1 Page 2 of 9 Community Development Board – May 17, 2011 - Case LUP2011-01001 - Page 3 of 9 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14551.1.LUP2011-01011_Staff_Report.docx Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which are not supportive of the proposed amendments include: Policy A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of “strip commercial” zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure comprised of a hierarchy of places and linkages. The citywide design structure will serve as a guide to development and land use decisions while protecting those elements that make the city uniquely Clearwater. Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Map A-14 (and Attachment) Neighborhood Shopping Centers and Surrounding Non- residential Uses – Neighborhood Centers typically consist of a limited number of commercial establishments that fulfill the basic needs of residents within one mile of the center. Table 3: Parcels West of the Subject Property to King’s Highway Along Sunset Point Road Address(es) Linear Distance1 FLUM Designation Zoning Atlas Designation Current Use2 Building Size3 1463 1465 0’ Residential/Office General (R/OG) Office (O) Retail store4 3,680 SF 1455 100’ Residential/Office General (R/OG) Office (O) Dentist office 3,800 SF 1453 200’ Residential/Office General (R/OG) Office (O) Veterinarian 4,200 SF 1425 300’ Residential/Office General (R/OG) Office (O) Vacant 1,750 SF 1419 400’ Residential/Office General (R/OG) Office (O) Daycare4 4,688 SF 1413 500’ Residential High (RH) Medium High Density Residential (MHDR) Vacant lot N/A 1872 1874 King’s Hwy 667’ Residential High (RH) Medium High Density Residential (MHDR) Vacant lot N/A Notes: 1. Linear distance in feet from the western property edge of 1475 Sunset Point Road. 2. Current use for which a current Business Tax Receipt has been obtained and recorded in City permitting software. 3. Total finished building square footage (source: Pinellas County Property Appraiser) Attachment number 1 Page 3 of 9 Community Development Board – May 17, 2011 - Case LUP2011-01001 - Page 4 of 9 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14551.1.LUP2011-01011_Staff_Report.docx 4. Retail sales and services is allowable only as an accessory use in the Office (O) zoning district, and is therefore, in these two cases, a nonconforming use. Recommended Conclusions of Law The request conflicts with the goals, objectives and policies of the Clearwater Comprehensive Plan as indicated in the following. The proposed extension of commercial uses along the predominantly residential Sunset Point Road corridor could negatively impact the adjacent single-family residential neighborhoods to the north and south. Sunset Point Road, west of Highland Avenue, is primarily residential in nature with office and some nonconforming retail uses (see Table 3). The Citywide Design Structure, as shown on Map A-14, depicts the southeast corner of Sunset Point Road and Highland Avenue, Sunset Square Shopping Center, as a Neighborhood Shopping Center. Neighborhood Centers are intended to fulfill the basic needs of residents within one mile of the center. This designated Neighborhood Center does not include the property to the west of Highland Avenue as it recognizes there is sufficient commercially designated land currently in place. The proposal to expand commercial use designations outside of the Neighborhood Center creates more commercial land than is needed to support the basic needs of the surrounding residents. Currently, the two shopping centers at the southeast corner of Sunset Point Road and Highland Avenue have 19,490 square feet of vacant commercial space. Approval of more land west of Highland Avenue for commercial use will add more commercially designated property in a neighborhood that has an overabundant supply of existing vacant commercial space. The proposed amendment would allow for additional uses not allowed by two of the three subject property’s current future land use designations. Some of these potential uses are incompatible with the surrounding environment and envisioned character of the neighborhood. While the applicant is proposing a Development Agreement that would limit the more severe incompatible uses (adult entertainment, night clubs or bars and new and used car sales), the Agreement only endures for ten years, at the end of which the restrictions expire. However, at termination of the Development Agreement, the Future Land Use Map designation, and allowed uses, stays with the property. B. Consistency with the Countywide Plan Rules Recommended Findings of Fact: The purpose of the proposed Residential/Office/Retail (R/O/R) category, as specified in Section 2.3.3.4.3 of the Countywide Plan Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in residential, office and/or retail commercial use; and to recognize such areas as well-suited for mixed-use of a residential/office/retail character consistent with the surrounding uses, transportation facilities and natural resource characteristics of such areas. The site is located across the Sunset Point Road right-of-way from single family homes to the north. To the immediate south are also single family homes. A vacant gas station is located immediately east of the site. To the west is a small market (nonconforming use). Locational Characteristics, as specified in Section 2.3.3.4.3, state that the Residential/Office/Retail (R/O/R) category is appropriate to locations where it would serve as a transition from an urban activity center or more intensive nonresidential use to Attachment number 1 Page 4 of 9 Community Development Board – May 17, 2011 - Case LUP2011-01001 - Page 5 of 9 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14551.1.LUP2011-01011_Staff_Report.docx residential, office or public/semi-public use; and in areas where the size and scale of development will accommodate true mixed residential, office and retail use. These areas are typically in proximity to and served by the arterial and major thoroughfare highway network in and adjacent to activity centers where mixed-use development allows interaction between uses and encourages mass transit and nonvehicular trips. The subject property is not located in or adjacent to an activity center. However, the property is located on a PSTA bus route. Recommended Conclusions of Law The site is not located in or adjacent to an activity center. It is near Sunset Square Shopping Center, which, as previously noted, is designated as a Neighborhood Shopping Center and is intended to provide for the commercial needs of residents within one mile. Additional commercial (retail) acreage in the vicinity is unneeded to serve the neighborhood residents and the existing future land use category already serves as a transition from the Neighborhood Center to surrounding residential. The proposed plan amendment is not consistent with the purpose or the locational characteristics of the Countywide Plan Rules. C. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: The subject property is located on the south side of Sunset Point Road, between Kings Highway and North Highland Avenue. The character of the neighborhood is a mix of single family residences, multi-family residences, retail, offices, and a gas station. To the north and south are single family homes. To the east is an automobile service station. But the property has not been used as such since July 2003 and has been vacant since that time. To the west is a 3,680 square foot building that contains two units, one a nonconforming retail store and the other is vacant (formerly used as a printing shop). The proposed Residential/Office/Retail (R/O/R) Future Land Use designation primarily permits residential, residential equivalent, office, retail, overnight accommodations, personal/business services uses. Therefore, the category and district as proposed do not appear appropriately located. Commercial uses (retail) are not compatible with single- family uses. A less intensive use, such as office, would be more appropriate located contiguous to single-family homes and fit in with the character of Sunset Point Road west of Highland Avenue. The proposed change intensifies the uses allowed on the portion of the property that abuts single family homes. If approved, this property would be the only property in this area with the R/O/R designation. The existing R/OG designation is more appropriate to the character of the neighborhood and allows for the transition from commercial properties to the east to residential properties to the north, south and west. This request is not compatible with the surrounding area and may unreasonably affect the use of the property in the area. Recommended Conclusions of Law The proposed Future Land Use Map designation is not in character with the overall Future Land Use Map designations in the area. It is not compatible with surrounding Attachment number 1 Page 5 of 9 Community Development Board – May 17, 2011 - Case LUP2011-01001 - Page 6 of 9 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14551.1.LUP2011-01011_Staff_Report.docx uses and not consistent with the character of the immediate surrounding area and neighborhood. D. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested Future Land Use Map designations was analyzed (see Table 4). The request for amendment to the Residential/Office/Retail (R/O/R) Future Land Use Map category would allow four additional dwelling units, but 6,903 square feet fewer of nonresidential floor area on the subject property. Table 4. Development Potential for Existing & Proposed FLUM Designations Site Area 0.08 AC (3,485 SF) 1.15 AC (50,094 SF) 0.29 AC (12,632) 1.52 AC (66,211 SF) Present FLUM Designation “RU” Present FLUM Designation “R/OG” Present FLUM Designation “CG” Requested FLUM Designation “R/O/R” Net Change Maximum Development 0 DUs 1,394.0 SF 0.40 FAR 17 DUs 25,047.0 SF 0.50 FAR 6 DUs 6,947.6 SF 0.55 FAR 27 DUs 26,484.4 SF 0.40 FAR 4 DUs -6,904.2 SF -0.08 FAR Abbreviations: FLUM – Future Land Use Map AC – Acres SF – Square feet DUs – Dwelling units FAR – Floor area ratio The proposed change in designations would allow an increase in the number of dwelling units, but a decrease in the amount of allowable Floor Area Ratio (thus a decrease in square footage). Currently the site is developed with a 10,586 square foot building, giving the site a Floor Area Ratio of 0.16. Attachment number 1 Page 6 of 9 Community Development Board – May 17, 2011 - Case LUP2011-01001 -Page 7 of 9 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14551.1.LUP2011-01011_Staff_Report.docx Table 5. Public Facilities Level of Service Analysis Public Facility/ Service Maximum Potential Impact to Public Facilities/Services Net Change Capacity Available? Present FLUM Designation “RU” Present FLUM Designation “R/OG” Present FLUM Designation “CG” Requested FLUM Designation “R/O/R” Streets 1 Trip1 19 Trips1 13 Trips1 49 Trips1 16 Trips Yes Potable Water 156.2 GPD2 2,504.7 GPD2 694.8 GPD2 2,648.4 GPD2 -707 GPD Yes Wastewater 140.6 GPD2 2,003.8 GPD2 555.8 GPD2 2,118.8 GPD2 -581 GPD Yes Solid Waste 1.52 Tons/Year 46.34 Ton/Year 12.85 Ton/Year 135.07 Ton/Year 74 Ton/Year Yes Parkland 0.0 Acres3 0.0 Acres3 0.0 Acres3 0.0 Acres3 0 N/A Public School Facilities3 Yes Elementary 0.09 Students 2.55 Students 0.9 Students 4.05 Students 0.51 Students Yes Middle School 0.04 Students 1.19 Students 0.42 Students 1.89 Students 0.24 Students Yes High School 0.06 Students 1.7 Students 0.6 Students 2.7 Students 0.34 Students Yes Notes: 1. Based on P.M. Peak Hour Trip Generation Rates, Pinellas County Countywide Plan Rules. - Residential Urban - Residential/Office General - Commercial General - Residential/Office/Retail 2. GPD – Gallons per day. 3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit. 4. Pinellas County School Board student generation rate per unit: - Elementary School: 0.15 students per unit x 1 unit - Middle School: 0.07 students per unit x 1 unit - High School: 0.10 students per unit x 1 unit As shown in Table 6 below, the potential additional maximum daily trips associated with the requested amendment to the Residential/Office/Retail (R/O/R) Future Land Use designation would not lower the operating level of service for Sunset Point Road. Attachment number 1 Page 7 of 9 Community Development Board – May 17, 2011 - Case LUP2011-01001 -Page 8 of 9 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14551.1.LUP2011-01011_Staff_Report.docx Table 6: Maximum Potential Traffic Sunset Point Rd (Edgewater Dr/Alt US 19 to Keene Rd) Existing Conditions Current FLUM1 Proposed FLUM2 Net New Trips Potential Additional Maximum Daily Trips N/A 351 515 164 Potential Additional Maximum PM Peak HourTrips3 N/A 33 49 16 Roadway Volume 9,6754 10,0265 10,1905 164 Roadway Level of Service PM Peak Hour C4 C5 C5 Adopted Roadway Level of Service Standard D Peak Hour Abbreviations and Notes: N/A = Not Applicable. FLUM = Future Land Use Map, Clearwater Comprehensive Plan. 1. Based on PPC calculations of 68 trips per day per acre in the Residential Urban (RU) future land use category. Based on PPC calculations of 178 trips per day per acre in the Residential/Office General (R/OG) future land use category. Based on PPC calculations of 487 trips per day per acre in the Commercial General (CG) future land use category. 2. Based on PPC calculations of 339 trips per day per acre for in the Residential/Office/Retail (R/O/R) future land use category 3. Based on MPO K-factor of 0.095. 4. Source: Pinellas County Metropolitan Planning Organization 2010 Level of Service Report. 5. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2010 Level of Service Report and the 2009 Florida Department of Transportation Quality/Level of Service Handbook. Recommended Conclusions of Law Based upon the findings of fact, it its determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on Sunset Point Road. There is an increase in demand of solid waste service, but there is adequate capacity to accommodate the maximum demand generated by the proposed amendment. Furthermore, parkland, recreation facilities, public school facilities and mass transit will not be affected by the proposed amendment. E. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. This property is developed as a drive-in bank and has trees and landscaping on site. Recommended Conclusions of Law Based on current information, no wetlands appear to be located on the subject property. The intent of the applicant is to redevelop the property as a Family Dollar retail store. The site is currently developed. The proposed redevelopment is required to be compliant with the City’s tree preservation and storm water management requirements. Attachment number 1 Page 8 of 9 Community Development Board – May 17, 2011 - Case LUP2011-01001 -Page 9 of 9 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14551.1.LUP2011-01011_Staff_Report.docx V. REVIEW PROCEDURE Approval of the Future Land Use Map amendment does not guarantee the right to develop the subject property. The Future Land Use Map amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the requested density, review and approval by the Florida Department of Community Affairs is required. The property owner must comply with all laws and ordinances in effect at the time development permits are requested, including transportation concurrency provisions of the Concurrency Management System in Division 9, Community Development Code. VI. RECOMMENDATION Based on the foregoing, the Planning & Development Department recommends the following action: Recommend DENIAL of the request for Future Land Use Map amendment from the Residential Urban (RU), Residential/Office General (R/OG) and Commercial General (CG) classifications to the Residential/Office/Retail (R/O/R) classification. Prepared by Planning & Development Department staff: _______________________________ Catherine Lee Planner III Attachments: Resume Application for Future Land Use Plan Amendment Location Map Aerial Photograph of Site and Vicinity Future Land Use Map Zoning Map Existing Surrounding Use Map Site Photographs Attachment number 1 Page 9 of 9 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point Rd 1475 LUP2011-01001- Cay 1475 LLC\Maps\LUP2011-01001 Location Map.doc [ PROJECT SITE -Not to Scale- -Not a Survey- LOCATION MAP Owners: Cay 1475 LLC Case: LUP2011-01001 Site: 1475 Sunset Point Road Property Size(Acres): 1.52 Land Use Zoning PIN: 02-29-15-00000-320-0200 From : To: R/OG, RU, CG O, LMDR R/O/R C Atlas Page: 261A Attachment number 2 Page 1 of 6 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point Rd 1475 LUP2011-01001- Cay 1475 LLC\Maps\LUP2011-01001 Aerial Photograph.doc JOEL LN JOEL LN N H I GH LA N D A VE N H I GH LA N D A V E SUNSET POINT RD SUNSET POINT RD SPRING LN SPRING LN THAMES LN THAMES LN ERIN LN ERIN LN F L O R A L N F L O R A L N W ILSON RD W ILSON RD FLO RA RD FLO RA RD -Not to Scale- -Not a Survey- AERIAL PHOTOGRAPH Owners: Cay 1475 LLC Case: LUP2011-01001 Site: 1475 Sunset Point Road Property Size(Acres): 1.52 Land Use Zoning PIN: 02-29-15-00000-320-0200 From : To: R/OG, RU, CG O, LMDR R/O/R C Atlas Page: 261A Attachment number 2 Page 2 of 6 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point Rd 1475 LUP2011-01001- Cay 1475 LLC\Maps\LUP2011-01001 Future Land Use Map.doc CG RU CG RU RU RU RU RU R/OG RU RU RH RU N H I GH LA N D A VE SUNSET POINT RD SPRING LN THAMES LN ERIN LN FLO RA RD W ILSON RD F L O R A L N BYRAM DR 1897 14 3 4 14 3 0 14 4 9 14 5 0 1899 18351840 14 5 6 14 5 0 14 6 4 14 2 5 14 3 3 14 3 0 19 19 14 3 0 14 1 9 1907 15 1 5 14 5 9 14 4 6 14 5 0 1827 14 2 1 1916 1908 14 3 2 14 3 2 14 2 6 14 3 8 1877 1508 1421 1439 1425 1905 1450 1417 1463 1904 1 92 6 1851 1417 1424 1919 1428 1442 1429 1433 1445 1445 1433 1527 1912 1521 1442 1437 1520 1923 1848 1904 1451 1434 1425 1823 1840 1902 1 4 6 0 1835 1438 1426 1514 1844 1455 1444 1844 1449 1901 1849 1444 1418 1440 1453 1448 1846 1418 1420 1434 1900 1429 1463 1915 1422 1422 1446 1427 1460 1911 1841 1831 1915 1453 1480 1426 1437 1430 1909 1445 1900 1914 1441 1920 1919 1824 1438 1845 184 1-3 18 41-1 18 41-7 18 41-5 B 186 18 18 18 18 18 18 18 18 18 18 187 18 18 1440 14561436 1 9 1475 1428 1874 1441 1898 1452 1509 1465 192 3 184 1-2 18 41-4 18 41-8 18 41-6 18 41-5A -Not to Scale- -Not a Survey- FUTURE LAND USE MAP Owners: Cay 1475 LLC Case: LUP2011-01001 Site: 1475 Sunset Point Road Property Size(Acres): 1.52 Land Use Zoning PIN: 02-29-15-00000-320-0200 From : To: R/OG, RU, CG O, LMDR R/O/R C Atlas Page: 261A R/O/R CG Attachment number 2 Page 3 of 6 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point Rd 1475 LUP2011-01001- Cay 1475 LLC\Maps\LUP2011-01001 Zoning Map.doc JOEL LN N H I G H L A N D A V E SUNSET POINT RD SPRING LN ERIN LN THAMES LN F L O R A L N W ILSON RD FLO RA RD C O LMDR LMDR MHDR I 1897 14 3 4 14 3 0 14 4 9 14 5 0 1899 1835 1840 14 5 6 14 4 0 14 5 0 14 6 4 14 2 5 14 3 3 14 3 0 14 1 9 1907 15 1 5 14 5 9 14 4 6 14 5 0 1827 14 2 1 1908 14 3 2 14 3 8 1877 1508 1421 1436 1439 1425 1905 1450 1417 1463 1904 1851 1417 1424 1428 1442 1429 1433 1445 1445 1433 1527 1912 1521 1442 1437 1520 1848 1904 1434 1425 1823 1840 1902 1 4 6 0 1835 1438 1426 1514 1844 1455 1444 1844 1449 1901 1849 1444 1418 1440 1453 1448 1846 1418 1420 1434 1900 1429 1463 1915 1422 1422 1446 1427 1460 1911 1509 1841 1831 1480 1437 1430 1909 1900 1914 1441 1824 1438 1845 18 41-3 18 41-1 184 1-8 18 41-6 18 41-5 A 3 3519 97 51 9 1861 1867 1865 1875 1883 1887 1885 189 188 189 189 1871 1869 1863 143 0 143 2142 6 14 56 14 75 192 3 14 51 142 8 1874 14 41 1898 14 52 191 5 145 3 1526 142 6 14 65 144 5 191 9 184 1-2 18 41-4 18 41-7 18 41-5 B -Not to Scale- -Not a Survey- ZONING MAP Owners: Cay 1475 LLC Case: LUP2011-01001 Site: 1475 Sunset Point Road Property Size(Acres): 1.52 Land Use Zoning PIN: 02-29-15-00000-320-0200 From : To: R/OG, RU, CG O, LMDR R/O/R C Atlas Page: 261A C Attachment number 2 Page 4 of 6 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point Rd 1475 LUP2011-01001- Cay 1475 LLC\Maps\LUP2011-01001 Existing Surrounding Uses Map.doc ROAD FLORA R OADHIGHLAND SUNSET ERIN LANE 249000 250000 29 21 2019 1817 16 15 567891011 14 13 12 38 37 36 35 42 41 40 39 3031 32 36353433 32 22 2324 25 26 21201918 17 50 19 18 17 16 15 86 87 88 89 90 91 92 93 94 79 78 75 74 737271 77 76 62 63 64 65 666768 69 70 55 54 53 52 51 50 49 48 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 L ANE LANE LANE F L O R A L A N E 111 AV E N U E SUNSET 1 4 2 3 2 31/ 04 32/01 32/08 32/09 32/10 32/ 11 32/ 02 3 2 / 0 7 3 2 / 0 6 3 2 / 0 5 3 2 / 0 4 3 2 / 0 3 1.52 100100 100 1 6 7 . 2 1 6 7 . 4 1 6 7 . 4 170. 02 1 8 9 1 5 0 1 0 0 1 0 0 7 5 1 7 5 1 7 5 150 150 170 170 175. 15 300100 1 6 7 . 6 3 1 6 7 . 5 150 1 8 5 170. 02 1 5 . 7 7 170. 02 A C(C) 1 1897 1434 1430 1449 1450 1899 1835 1456 1450 1464 1425 1433 1430 1419 1907 1515 1459 1446 1450 1421 1908 1432 1877 1421 1439 1425 1905 1450 1417 1904 1417 1428 1442 1429 1433 1445 1445 1433 1527 1912 1437 1520 1848 1904 1451 1434 1425 1840 1902 1 4 6 0 1438 1514 1844 1455 1444 1844 1449 1901 1444 1440 1453 1448 1846 1420 1434 1900 1429 1463 1915 1422 1427 1460 1911 1509 1453 1480 1437 1430 1909 1445 191 4 1441 1824 184 1-3 18 41-1 184 1-8 18 41-6 18 41-5 A 33519 97 51 9 186 186 186 187 188 188 188 189 188 189 189 187 186 186 1840 14 40 14 30 1827 14 32142 6 14 56 14 38 1508 14 36 14 63 1851 142 4 1521 14 42 14 75 192 3 1823 1835 14 26 14 28 1874 1849 141 8 141 8 14 41 1898 142 2 14 52 14 46 1841 1831 191 1526 14 26 14 65 1900 191 9 14 38 1845 18 41-2 18 41-4 18 41-7 18 41-5 B -Not to Scale- -Not a Survey- EXISTING SURROUNDING USES Owners: Cay 1475 LLC Case: LUP2011-01001 Site: 1475 Sunset Point Road Property Size(Acres): 1.52 Land Use Zoning PIN: 02-29-15-00000-320-0200 From : To: R/OG, RU, CG O, LMDR R/O/R C Atlas Page: 261A Single Family Residential Single Family Residential Preschool Vacant Office Veterinarian Dentist Printers Retail Vacant Office Vacant Commercial Multi Family Residential Single Family Residential Check Cashing Thrift Store Restaurant Doctor Offices Single Family Residential Single Family Residential Restaurant Grocery Store Drive thru Restaurant Office, Restaurant, Retail Sales & Services Pharmacy Attachment number 2 Page 5 of 6 View looking south at the subject parcel, 1475 Sunset Point Road West of the subject property View looking easterly along Sunset Point Road East of the subject property Across street, to north of the subject property View looking westerly along Sunset Point Road LUP2011-01001 Cay 1475, LLC 1475 Sunset Point Road Attachment number 2 Page 6 of 6 Ordinance No. 8254-11 ORDINANCE NO. 8254-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 150 FEET WEST OF HIGHLAND AVENUE, CONSISTING OF UNPLATTED LAND IN NW ¼ OF SW ¼ OF SECTION2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND PART OF LOT 9 OF BRENTWOOD ESTATES, WHOSE POST OFFICE ADDRESS IS 1475 SUNSET POINT ROAD; FROM RESIDENTIAL/OFFICE GENERAL (R/OG), COMMERCIAL GENERAL (CG) AND RESIDENTIAL URBAN (RU) TO RESIDENTIAL/OFFICE/RETAIL (R/O/R); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City’s comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See Exhibit “A” From: Residential/Office General (R/OG), Commercial General (CG), and Residential Urban (RU) To: Residential/Office/Retail (R/O/R) (LUP2011-01001) The map or maps attached as Exhibit(s) are hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. Attachment number 3 Page 1 of 2 Ordinance No. 8254-11 PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ___________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 Page 2 of 2 Community Development Board – May 17, 2011 - Case REZ2011-01001 -Page 1 of 8 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14554.1.REZ2011-01001_Staff_Report.docx CDB Meeting Date: May 17, 2011 Case Number: REZ2011-01001 Owner/Applicant: Cay 1475 LLC Address: A Portion of 1475 Sunset Point Road Agenda Item: E-2 STAFF REPORT ZONING ATLAS AMENDMENT I. GENERAL INFORMATION Request: To amend the Zoning Atlas designations from Low Medium Density Residential (LMDR) and Office (O) Districts to the Commercial (C) District. Location: 1475 Sunset Point Road, located on the south side of Sunset Point Road, approximately 150 feet west of Highland Avenue Overall Site Area: 66,211 square feet or 1.52 acres MOL Portion of Site Area Subject to Amendment: 53,578 square feet or 1.23 acres MOL II. BACKGROUND This case involves a portion of a 1.52-acre property located at 1475 Sunset Point Road and owned by Cay 1475 LLC. The property is comprised of one parcel and is currently occupied by a structure formerly used as a bank. The property currently has three zoning designations: Low Medium Density Residential (LMDR), Office (O) and Commercial (C). The request is to change the property’s Zoning Atlas designations of Low Medium Density Residential (LMDR) and Office (O) to Commercial (C). The applicant has indicated that the intended use of the property will be retail sales and services (Family Dollar). A Development Agreement and a request for an amendment to the Future Land Use Map of the property from Residential Urban (RU), Residential/Office General (R/OG) and Commercial General (CG) to Residential/Office/Retail (R/O/R) are being processed concurrently with this case (see DVA2011-01001 and LUP2011-01001). The Development Review Committee approved a Flexible Standard Development application for the Family Dollar at its March 3, 2011 meeting (issuance of development order pending approval of the associated cases). In June 2010 Belleair Development Group, LLC requested to amend the Zoning Atlas designations to Commercial (C). On July 20, 2010 the Community Development Board recommended denial of the request and on August 5, 2010, City Council denied the request. Attachment number 4 Page 1 of 8 Community Development Board – May 17, 2011 - Case REZ2011-01001 -Page 2 of 8 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14554.1.REZ2011-01001_Staff_Report.docx III. SITE AND VICINITY CHARACTERISTICS A. Site Characteristics The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closure of Bank of America. The former bank site contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive through and drive isle traversing the eastern portion of the property, connecting to Highland Avenue. The applicant intends to demolish the current building to develop the site as a Family Dollar retail store. B. Table 1: Surrounding Future Land Use and Zoning Designations Direction Existing Conditions Land Use FLUM Designation Zoning Atlas Designation North: Single family residential Residential Urban (RU) Low Medium Density Residential (LMDR) East: Vacant gas station Commercial General (CG) Commercial (C) South: Single family residential Residential Urban (RU) Low Medium Density Residential (LMDR) West: Retail store Residential/Office General (R/OG) Office (O) IV. REVIEW CRITERIA No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. A. Consistency of Development with the Clearwater Comprehensive Plan and Community Development Code and City Regulations [Sections 4-602.F.1 and 4- 602.F.2] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which are not supportive of the proposed amendments include: Policy A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of “strip commercial” zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure comprised of a hierarchy of places and linkages. The citywide design structure will serve as a guide to development and land use decisions while protecting those elements that make the city uniquely Clearwater. Attachment number 4 Page 2 of 8 Community Development Board – May 17, 2011 - Case REZ2011-01001 - Page 3 of 8 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14554.1.REZ2011-01001_Staff_Report.docx Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Map A-14 (and Attachment) Neighborhood Shopping Centers and Surrounding Non- residential Uses – Neighborhood Centers typically consist of a limited number of commercial establishments that fulfill the basic needs of residents within one mile of the center. Table 2: Parcels West of the Subject Property to King’s Highway Along Sunset Point Road Address(es) Linear Distance1 FLUM Designation Zoning Atlas Designation Current Use2 Building Size3 1463 1465 0’ Residential/Office General (R/OG) Office (O) Retail store4 3,680 SF 1455 100’ Residential/Office General (R/OG) Office (O) Dentist office 3,800 SF 1453 200’ Residential/Office General (R/OG) Office (O) Veterinarian 4,200 SF 1425 300’ Residential/Office General (R/OG) Office (O) Vacant 1,750 SF 1419 400’ Residential/Office General (R/OG) Office (O) Daycare4 4,688 SF 1413 500’ Residential High (RH) Medium High Density Residential (MHDR) Vacant lot N/A 1872 1874 King’s Hwy 667’ Residential High (RH) Medium High Density Residential (MHDR) Vacant lot N/A Notes: 1. Linear distance in feet from the western property edge of 1475 Sunset Point Road. 2. Current use for which a current Business Tax Receipt has been obtained and recorded in City permitting software. 3. Total finished building square footage (source: Pinellas County Property Appraiser) 4. Retail sales and services is allowable only as an accessory use in the Office (O) zoning district, and is therefore, in these two cases, a nonconforming use. Recommended Conclusions of Law The request conflicts with the goals, objectives and policies of the Clearwater Comprehensive Plan as indicated in the following. The proposed extension of commercial uses along the predominantly residential Sunset Point Road corridor could negatively impact the adjacent single-family residential neighborhoods to the north and south. Sunset Point Road, west of Highland Avenue, is primarily residential in nature with office and nonconforming retail uses (see Table 2). The Citywide Design Structure, as shown on Map A-14, depicts the southeast corner of Sunset Point Road and Highland Avenue, Sunset Square Shopping Center, as a Neighborhood Shopping Center. Neighborhood Centers are intended to fulfill the basic needs of residents within one mile of the center. This Neighborhood Center does not include the property to the west of Attachment number 4 Page 3 of 8 Community Development Board – May 17, 2011 - Case REZ2011-01001 - Page 4 of 8 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14554.1.REZ2011-01001_Staff_Report.docx Highland Avenue as it recognizes there is sufficient commercially designated land currently in place. The proposal to expand commercial use designations outside of the Neighborhood Center creates more commercial land than is needed to support the basic needs of the surrounding residents. Currently, the two shopping centers at the southeast corner of Sunset Point Road and Highland Avenue have 19,490 square feet of vacant commercial space. Approval of more land west of Highland Avenue for commercial use will add more commercially designated property in a neighborhood that has an overabundant supply of existing vacant commercial space. The proposed amendment would allow for additional uses not allowed by two of the three subject property’s current zoning designations. Some of these potential uses are incompatible with the surrounding environment and envisioned character of the neighborhood. While the applicant is proposing a Development Agreement that would limit the more severe incompatible uses (adult entertainment, night clubs or bars and new and used car sales), the Agreement only endures for ten years, at the end of which the restrictions expire. However, at termination of the Development Agreement, the Zoning Atlas designation, and allowed uses, stays with the property. B. Compatibility with Surrounding Property/Character of the City & Neighborhood [Sections 4-602.F.3 and 4-602.F.4] Recommended Findings of Fact: The subject property is located on the south side of Sunset Point Road, between Kings Highway and North Highland Avenue. The character of the neighborhood is a mix of single family residences, multi-family residences, retail, offices, and a gas station. To the north and south are single family homes. To the east is an automobile service station. But the property has not been used as such since July 2003 and has been vacant since that time. To the west is a 3,680 square foot building that contains two units, one a nonconforming retail store and the other is vacant (formerly used as a printing shop). The proposed Commercial (C) District primarily permits overnight accommodations, restaurants and retail sales and services uses. Therefore, the category and district as proposed do not appear appropriately located. Commercial uses (retail) are generally not compatible with single-family uses. A less intensive use, such as office, would be more appropriate located contiguous to single-family homes and fit in with the character of Sunset Point Road west of Highland Avenue. The proposed change intensifies the uses allowed on the portion of the property that abuts single family homes. This request is not compatible with the surrounding area and may unreasonably affect the use of the property in the area. Recommended Conclusions of Law The proposed Zoning Atlas designation is not in character with the overall Zoning Atlas designations in the area. It is not compatible with surrounding uses and not consistent with the character of the immediate surrounding area and neighborhood. Attachment number 4 Page 4 of 8 Community Development Board – May 17, 2011 - Case REZ2011-01001 -Page 5 of 8 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14554.1.REZ2011-01001_Staff_Report.docx C. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: Based on the proposed Residential/Office/Retail (R/O/R) Future Land Use, the proposed Commercial (C) District would permit four additional dwelling units, but 6,903 square feet fewer of nonresidential floor area on the subject property (see Table 3). Table 3. Development Potential for Existing & Proposed FLUM Designations Site Area 0.08 AC (3,485 SF) 1.15 AC (50,094 SF) 0.29 AC (12,632) 1.52 AC (66,211 SF) Present FLUM Designation “RU” Present FLUM Designation “R/OG” Present FLUM Designation “CG” Requested FLUM Designation “R/O/R” Net Change Maximum Development 0 DUs 1,394.0 SF 0.40 FAR 17 DUs 25,047.0 SF 0.50 FAR 6 DUs 6,947.6 SF 0.55 FAR 27 DUs 26,484.4 SF 0.40 FAR 4 DUs -6,904.2 SF -0.08 FAR Abbreviations: FLUM – Future Land Use Map AC – Acres SF – Square feet DUs – Dwelling units FAR – Floor area ratio The uses currently allowed under the Low Medium Density Residential (LMDR) district include attached and detached dwellings, community residential homes, non-residential off-street parking, parks and recreation facilities, schools, and utility/infrastructure facilities. The Office (O) District primarily permits offices, places of worship and nursing homes. Attachment number 4 Page 5 of 8 Community Development Board – May 17, 2011 - Case REZ2011-01001 -Page 6 of 8 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14554.1.REZ2011-01001_Staff_Report.docx Table 4. Public Facilities Level of Service Analysis Public Facility/ Service Maximum Potential Impact to Public Facilities/Services Net Change Capacity Available? Present FLUM Designation “RU” Present FLUM Designation “R/OG” Present FLUM Designation “CG” Requested FLUM Designation “R/O/R” Streets 1 Trip1 19 Trips1 13 Trips1 49 Trips1 16 Trips Yes Potable Water 156.2 GPD2 2,504.7 GPD2 694.8 GPD2 2,648.4 GPD2 -707 GPD Yes Wastewater 140.6 GPD2 2,003.8 GPD2 555.8 GPD2 2,118.8 GPD2 -581 GPD Yes Solid Waste 1.52 Tons/Year 46.34 Ton/Year 12.85 Ton/Year 135.07 Ton/Year 74 Ton/Year Yes Parkland 0.0 Acres3 0.0 Acres3 0.0 Acres3 0.0 Acres3 0 N/A Public School Facilities3 Yes Elementary 0.09 Students 2.55 Students 0.9 Students 4.05 Students 0.51 Students Yes Middle School 0.04 Students 1.19 Students 0.42 Students 1.89 Students 0.24 Students Yes High School 0.06 Students 1.7 Students 0.6 Students 2.7 Students 0.34 Students Yes Notes: 1. Based on P.M. Peak Hour Trip Generation Rates, Pinellas County Countywide Plan Rules. - Residential Urban - Residential/Office General - Commercial General - Residential/Office/Retail 2. GPD – Gallons per day. 3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit. 4. Pinellas County School Board student generation rate per unit: - Elementary School: 0.15 students per unit x 1 unit - Middle School: 0.07 students per unit x 1 unit - High School: 0.10 students per unit x 1 unit As shown in Table 4, the potential additional maximum daily trips associated with the requested amendment to the Commercial (C) District would not lower the operating level of service for Sunset Point Road. Attachment number 4 Page 6 of 8 Community Development Board – May 17, 2011 - Case REZ2011-01001 -Page 7 of 8 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14554.1.REZ2011-01001_Staff_Report.docx Table 5: Trip Generation Comparison by Zoning Atlas Designation Land Use Development Potential Avg. Daily Trips Net Change Avg Daily Trips PM Peak Trips Avg Rate PM Peak Trips Net Change PM Peak Trips Existing Designation: Office District General Office Building1 (11.01 trips/1,000 SF GFA) 25,047 SF5 275 N/A 1.49 37 N/A Existing Drive-in Bank2 (148.15 trips/1,000 SF GFA) 10,586 SF6 1,568 N/A 25.82 273 N/A Existing Designation: Low Medium Density Residential District Single-Family Detached Housing3 (9.57 trips/unit) 0 DU 0 N/A 1.02 0 N/A Proposed Designation: Commercial District Free-Standing Discount Store4 (57.24 trips/1,000 SF GFA) 26,484 SF7 1,516 -52 5.00 132 -141 Abbreviations and Notes: N/A = Not Applicable. 1. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 710. 2. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 912. 3. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 210. 4. Institute of Transportation Engineer’s Trip Generation 8th Edition Land Use 815. 5. Total gross floor area ratio permitted by the underlying R/OG Future Land Use Map category is 0.50. 6. The Pinellas County Property Appraiser website provides the square footage. 7. Total gross floor area ratio permitted by the underlying R/O/R Future Land Use Map category is 0.40. Recommended Conclusions of Law Free-Standing Discount Store developed at the maximum intensity in the Commercial (C) District (26,484 square feet) would result in 132 PM Peak trips on Sunset Point Road, which is less than the PM Peak trips for the current drive-in bank use. Even though banks are considered an office use in the Community Development Code, the trip generation characteristics of this use is similar to restaurants, gas stations, and other service type uses. Therefore, a typical general office building use was also given as an example to show traffic generation characteristics of a typical office use. In this scenario, the proposal would result in an increase in PM Peak trips on Sunset Point Road. However, based upon the findings of fact, it its determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on Sunset Point Road. There is an increase in demand of solid waste service, but there is adequate capacity to accommodate the maximum demand generated by the proposed amendment. Furthermore, parkland, recreation facilities, public school facilities and mass transit will not be affected by the proposed amendment. Attachment number 4 Page 7 of 8 Community Development Board – May 17, 2011 - Case REZ2011-01001 - Page 8 of 8 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.14554.1.REZ2011-01001_Staff_Report.docx D. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Commercial (C) District boundaries is consistent with the boundaries of the subject property, which are irregularly shaped. The proposed Commercial (C) District boundaries would consolidate the subject property into a single zoning district. However, the proposed Commercial (C) District is not compatible with the single-family uses to the north and south. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. V. RECOMMENDATION Based on the foregoing, the Planning & Development Department recommends the following action: Recommend DENIAL of the request for a Zoning Atlas amendment from the Low Medium Density Residential (LMDR) and Office (O) districts to the Commercial (C) District. Prepared by Planning & Development Department staff: _______________________________ Catherine Lee Planner III Attachments: Resume Application for Future Land Use Plan Amendment Location Map Aerial Photograph of Site and Vicinity Future Land Use Map Zoning Map Existing Surrounding Use Map Site Photographs Attachment number 4 Page 8 of 8 S:\Planning Department\C D B\Zoning Atlas Amendments\Sunset Point Rd 1475 REZ2011-01001- Cay 1475 LLC\Maps\REZ2011- 01001 Location Map.doc [ PROJECT SITE -Not to Scale- -Not a Survey- LOCATION MAP Owners: Cay 1475 LLC Case: REZ2011-01001 Site: 1475 Sunset Point Road Property Size(Acres): TOTAL PARCEL: 1.52 ACRES PORTION INCLUDED IN REZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : To: R/OG, RU, CG O, LMDR R/O/R C Atlas Page: 261A Attachment number 5 Page 1 of 6 S:\Planning Department\C D B\Zoning Atlas Amendments\Sunset Point Rd 1475 REZ2011-01001- Cay 1475 LLC\Maps\REZ2011- 01001 AERIAL PHOTOGRAPH.docx AERIAL PHOTOGRAPH Owners: Cay 1475 LLC Case: REZ2011-01001 Site: A portion of 1475 Sunset Point Road Property Size(Acres): TOTAL PARCEL: 1.52 ACRES PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : To: R/OG, RU, CG O, LMDR R/O/R C Atlas Page: 261A JOEL LN JOEL LN N H I G H L A N D A V E N H I G H L A N D A V E SUNSET POINT RD SUNSET POINT RD SPRING LN SPRING LN THAMES LN THAMES LN F LO R A L N F LO R A L N W ILSON RD W ILSO N RD ER IN LN ER IN LN FLO RA RD FLO RA RD -Not to Scale- -Not a Survey- Attachment number 5 Page 2 of 6 S:\Planning Department\C D B\Zoning Atlas Amendments\Sunset Point Rd 1475 REZ2011-01001- Cay 1475 LLC\Maps\REZ2011- 01001 FUTURE LAND USE MAP.docx FUTURE LAND USE MAP Owners: Cay 1475 LLC Case: REZ2011-01001 Site: A portion of 1475 Sunset Point Road Property Size(Acres): TOTAL PARCEL: 1.52 ACRES PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : To: R/OG, RU, CG O, LMDR R/O/R C Atlas Page: 261A CG RU RU RU CG RU R/OG RU I RU RU RU RH RURU RU JOEL LN N H I G H L A N D A V E SUNSET POINT RD SPRING LN THAMES LN F LO R A L N W ILSON RD ER IN LN FLO R A RD 1897 14 34 143 0 144 9 14 50 14331453144514411459143714651461 1899 18351840 1456 14 40 145 0 1464 1425 14 33 1430 1430 14 19 1907 1515 1459 144 6 145 0 1827 1421 1908 1432 1432 145 6 1438 1877 15 08 142 1 14 3 6 143 9 142 5 1905 14 5 0 14 1 7 14 6 3 1904 1851 141 7 14 2 4 14 2 8 144 2 142 9 143 3 144 5 144 5 143 3 15 2 7 152 1 14 42 143 7 15 20 1848 1904 14 51 14 34 14 2 5 1823 1840 14 2 0 1902 1 4 6 0 1835 14 38 142 6 15 14 1844 14 5 5 14 44 1844 144 9 1874 1901 1849 14 4 4 141 8 145 3 14 4 8 1846 14 18 14 3 4 1900 142 9 14 63 1915 1898 14 22 142 2 144 6 142 7 14 6 0 1911 142 1 1831 14 5 3 14 8 0 14 26 143 7 14 30 14 6 5 1909 144 5 1900 19 14 144 1 1824 143 8 1845 18 41-3 184 1-1 18 41-6 18 41-5A 14 4 9 14 6 9 14 2 6 141 7 1912 14 7 5 141 3 14 14 14 2 8 14 1 3 14 4 0 144 1 14 20 14 5 2 150 9 1841 18 41-2 18 41-4 1841 84 1-7 18 41-5B -Not to Scale- -Not a Survey- CG Attachment number 5 Page 3 of 6 S:\Planning Department\C D B\Zoning Atlas Amendments\Sunset Point Rd 1475 REZ2011-01001- Cay 1475 LLC\Maps\REZ2011- 01001 ZONING MAP.docx ZONING MAP Owners: Cay 1475 LLC Case: REZ2011-01001 Site: A portion of 1475 Sunset Point Road Property Size(Acres): TOTAL PARCEL: 1.52 ACRES PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : To: R/OG, RU, CG O, LMDR R/O/R C Atlas Page: 261A JOEL LN N H I G H L A N D A V E SUNSET POINT RD SPRING LN THAMES LN F LO R A L N W ILSON RD ER IN LN FLO R A RD C O LMDR LMDR I MHDR 1897 14 34 143 0 144 9 14 50 143314531445144114491459143714651461 1899 18351840 1456 14 40 145 0 1464 1425 14 33 1430 14 19 1907 1515 1459 144 6 145 0 1827 1421 1908 1432 1432 145 6 1438 1877 15 08 14 3 6 143 9 1905 14 5 0 14 1 7 14 6 3 1904 1851 141 7 14 2 8 144 2 142 9 141 7 143 3 144 5 144 5 143 3 15 2 7 152 1 14 42 143 7 15 20 1848 1904 14 34 14 2 5 1823 1840 14 2 0 1902 1 4 6 0 1835 14 38 142 6 15 14 1844 14 5 5 14 44 1844 144 9 1874 1901 1849 14 4 4 141 8 14 4 0 145 3 14 4 8 1846 14 18 14 3 4 1900 142 9 14 63 1915 1898 14 22 142 2 144 6 142 7 14 6 0 1911 150 9 142 1 1841 1831 14 5 3 14 8 0 14 26 143 7 14 30 14 6 5 1909 1900 19 14 144 1 1824 143 8 1845 18 41-3 184 1-1 18 41-6 18 41-5A 14 6 9 14 3 0 14 2 6 142 1 142 5 14 2 4 1912 14 7 5 141 3 14 51 14 14 14 2 8 14 1 3 144 1 14 20 14 5 2 144 5 18 41-2 18 41-4 1841 84 1-7 18 41-5B -Not to Scale- -Not a Survey- C Attachment number 5 Page 4 of 6 S:\Planning Department\C D B\Zoning Atlas Amendments\Sunset Point Rd 1475 REZ2011-01001- Cay 1475 LLC\Maps\REZ2011- 01001 EXISTING SURROUNDING USES MAP.docx EXISTING SURROUNDING USES MAP Owners: Cay 1475 LLC Case: REZ2011-01001 Site: A portion of 1475 Sunset Point Road Property Size(Acres): TOTAL PARCEL: 1.52 ACRES PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : To: R/OG, RU, CG O, LMDR R/O/R C Atlas Page: 261A 50 60 100 50 87732 2829 21 2019 18 17 16 15 4 56 789 1011 14 13 12 38 37 36 35 42 41 40 39 30 31 36353433 3 22 2324 25 26 2120 19 18 6 0 60 100 60 83. 4 10926 88237 19 18 17 16 15 85 86 87 88 89 90 91 92 93 94 80 79 78 75 74 737271 77 76 61 62 63 64 65 66 6768 6970 56 55 54 53 52 51 50 49 48 47 116 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 2 3 31/ 04 32/ 01 32/ 08 32/09 32/ 10 32/ 11 32/ 02 3 2/ 0 7 3 2/ 0 6 3 2/ 0 5 3 2 /0 4 3 2 / 03 1.52AC(C) 1 1897 1434 1430 1449 1450 1433145314451441144914591437146514611469 1899 18351840 14561450 1464 1425 1433 1430 14 19 1907 1515 145 9 1446 1450 1421 1908 1432 1877 1421 1439 1425 1905 145 0 141 7 1463 1904 141 7 142 8 144 2 1429 1417 143 3 144 5 144 5 1433 152 1 1437 1520 1848 1904 14 51 14 34 1425 1840 142 0 1902 1 4 6 0 1438 1514 1844 1455 1444 1844 14491874 1901 1444 1440 145 3 1846 1434 1900 1429 1463 1915 1898 1422 142 7 14 60 1911 1509 1421 1453 1480 1437 1465 1909 1445 19 14 1441 1824 18 41-3 18 41-1 184 1-6 18 41-5 A JOEL LN N H I G H L A N D A V E SUNSET POINT RD SPRING LN THAMES LN FL O R A L N W ILSON RD ER IN LN FLO R A RD 1440 1430 1827 14321426 1456 1438 1508 143 6 1851 142 4 1527 1912 1442 1475 1413 1823 1835 1426 1414 1428 1849 1413 141 8 1448 1418 144 1 1420 1422 1452 144 6 1841 1831 1426 1430 1900 1438 1845 18 41-2 184 1-4 18 41 84 1-7 18 41-5 B -Not to Scale- -Not a Survey- Single Family Residential Single Family Residential Vacant Commercial Vacant Office Printers Retail Dentist Veterinarian Vacant Office Preschool Single Family Residential Single Family Residential Single Family Residential Multi Family Residential Office, Restaurant, Retail Sales & Services Pharmacy Drive thru Restaurant Restaurant Grocery Store Check Cashing Thrift Store Restaurant Doctor Offices Attachment number 5 Page 5 of 6 View looking south at the subject parcel, 1475 Sunset Point Road West of the subject property View looking easterly along Sunset Point Road East of the subject property Across street, to north of the subject property View looking westerly along Sunset Point Road REZ2011-01001 Cay 1475, LLC 1475 Sunset Point Road Attachment number 5 Page 6 of 6 Ordinance No.8255 -11 ORDINANCE NO. 8255-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 150 FEET WEST OF HIGHLAND AVENUE, CONSISTING OF UNPLATTED LAND IN NW ¼ OF SW ¼ OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND PART OF LOT 9 OF BRENTWOOD ESTATES, WHOSE POST OFFICE ADDRESS IS 1475 SUNSET POINT ROAD; FROM OFFICE (O) AND LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See Exhibit “A” From: Office (O) and Low Medium Density Residential (LMDR) (REZ2011-01001) To: Commercial (C) The map or maps attached as Exhibit(s) are hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 8195-10 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL _____________________________ READING AND ADOPTED ___________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ______________________________ ___________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 6 Page 1 of 1 S:\Planning Department\C D B\Development Agreements (DVA)\DVA2011-01001 - Sunset Point Rd 1475- Cay 1475 LLC\Maps\DVA2011-01001 Location Map.doc [ PROJECT SITE -Not to Scale- -Not a Survey- LOCATION MAP Owners: Cay 1475 LLC Case: DVA2011-01001 Site: 1475 Sunset Point Road Property Size(Acres): 1.52 Land Use Zoning PIN: 02-29-15-00000-320-0200 From : To: R/OG, RU, CG O, LMDR R/O/R C Atlas Page: 261A Attachment number 7 Page 1 of 6 S:\Planning Department\C D B\Development Agreements (DVA)\DVA2011-01001 - Sunset Point Rd 1475- Cay 1475 LLC\Maps\DVA2011-01001 Aerial Photograph.doc JOEL LN JOEL LN N H I GH LA N D A VE N H I GH LA N D A V E SUNSET POINT RD SUNSET POINT RD SPRING LN SPRING LN THAMES LN THAMES LN ERIN LN ERIN LN F L O R A L N F L O R A L N W ILSON RD W ILSON RD FLO RA RD FLO RA RD -Not to Scale- -Not a Survey- AERIAL PHOTOGRAPH Owners: Cay 1475 LLC Case: DVA2011-01001 Site: 1475 Sunset Point Road Property Size(Acres): 1.52 Land Use Zoning PIN: 02-29-15-00000-320-0200 From : To: R/OG, RU, CG O, LMDR R/O/R C Atlas Page: 261A Attachment number 7 Page 2 of 6 S:\Planning Department\C D B\Development Agreements (DVA)\DVA2011-01001 - Sunset Point Rd 1475- Cay 1475 LLC\Maps\DVA2011-01001 Future Land Use Map.doc CG RU CG RU RU RU RU RU R/OG RU RU RH RU N H I GH LA N D A VE SUNSET POINT RD SPRING LN THAMES LN ERIN LN FLO RA RD W ILSON RD F L O R A L N BYRAM DR 1897 14 3 4 14 3 0 14 4 9 14 5 0 1899 18351840 14 5 6 14 5 0 14 6 4 14 2 5 14 3 3 14 3 0 19 19 14 3 0 14 1 9 1907 15 1 5 14 5 9 14 4 6 14 5 0 1827 14 2 1 1916 1908 14 3 2 14 3 2 14 2 6 14 3 8 1877 1508 1421 1439 1425 1905 1450 1417 1463 1904 1 92 6 1851 1417 1424 1919 1428 1442 1429 1433 1445 1445 1433 1527 1912 1521 1442 1437 1520 1923 1848 1904 1451 1434 1425 1823 1840 1902 1 4 6 0 1835 1438 1426 1514 1844 1455 1444 1844 1449 1901 1849 1444 1418 1440 1453 1448 1846 1418 1420 1434 1900 1429 1463 1915 1422 1422 1446 1427 1460 1911 1841 1831 1915 1453 1480 1426 1437 1430 1909 1445 1900 1914 1441 1920 1919 1824 1438 1845 184 1-3 18 41-1 18 41-7 18 41-5 B 186 18 18 18 18 18 18 18 18 18 18 187 18 18 1440 14561436 1 9 1475 1428 1874 1441 1898 1452 1509 1465 192 3 184 1-2 18 41-4 18 41-8 18 41-6 18 41-5A -Not to Scale- -Not a Survey- FUTURE LAND USE MAP Owners: Cay 1475 LLC Case: DVA2011-01001 Site: 1475 Sunset Point Road Property Size(Acres): 1.52 Land Use Zoning PIN: 02-29-15-00000-320-0200 From : To: R/OG, RU, CG O, LMDR R/O/R C Atlas Page: 261A R/O/R CG Attachment number 7 Page 3 of 6 S:\Planning Department\C D B\Development Agreements (DVA)\DVA2011-01001 - Sunset Point Rd 1475- Cay 1475 LLC\Maps\DVA2011-01001 Zoning Map.doc JOEL LN N H I G H L A N D A V E SUNSET POINT RD SPRING LN ERIN LN THAMES LN F L O R A L N W ILSON RD FLO RA RD C O LMDR LMDR MHDR I 1897 14 3 4 14 3 0 14 4 9 14 5 0 1899 1835 1840 14 5 6 14 4 0 14 5 0 14 6 4 14 2 5 14 3 3 14 3 0 14 1 9 1907 15 1 5 14 5 9 14 4 6 14 5 0 1827 14 2 1 1908 14 3 2 14 3 8 1877 1508 1421 1436 1439 1425 1905 1450 1417 1463 1904 1851 1417 1424 1428 1442 1429 1433 1445 1445 1433 1527 1912 1521 1442 1437 1520 1848 1904 1434 1425 1823 1840 1902 1 4 6 0 1835 1438 1426 1514 1844 1455 1444 1844 1449 1901 1849 1444 1418 1440 1453 1448 1846 1418 1420 1434 1900 1429 1463 1915 1422 1422 1446 1427 1460 1911 1509 1841 1831 1480 1437 1430 1909 1900 1914 1441 1824 1438 1845 18 41-3 18 41-1 184 1-8 18 41-6 18 41-5 A 3 3519 97 51 9 1861 1867 1865 1875 1883 1887 1885 189 188 189 189 1871 1869 1863 143 0 143 2142 6 14 56 14 75 192 3 14 51 142 8 1874 14 41 1898 14 52 191 5 145 3 1526 142 6 14 65 144 5 191 9 184 1-2 18 41-4 18 41-7 18 41-5 B -Not to Scale- -Not a Survey- ZONING MAP Owners: Cay 1475 LLC Case: DVA2011-01001 Site: 1475 Sunset Point Road Property Size(Acres): 1.52 Land Use Zoning PIN: 02-29-15-00000-320-0200 From : To: R/OG, RU, CG O, LMDR R/O/R C Atlas Page: 261A C Attachment number 7 Page 4 of 6 S:\Planning Department\C D B\Development Agreements (DVA)\DVA2011-01001 - Sunset Point Rd 1475- Cay 1475 LLC\Maps\DVA2011-01001 Existing Surrounding Uses Map.doc ROAD FLORA R OADHIGHLAND SUNSET ERIN LANE 249000 250000 29 21 2019 1817 16 15 567891011 14 13 12 38 37 36 35 42 41 40 39 3031 32 36353433 32 22 2324 25 26 21201918 17 50 19 18 17 16 15 86 87 88 89 90 91 92 93 94 79 78 75 74 737271 77 76 62 63 64 65 666768 69 70 55 54 53 52 51 50 49 48 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 L ANE LANE LANE F L O R A L A N E 111 AV E N U E SUNSET 1 4 2 3 2 31/ 04 32/01 32/08 32/09 32/10 32/ 11 32/ 02 3 2 / 0 7 3 2 / 0 6 3 2 / 0 5 3 2 / 0 4 3 2 / 0 3 1.52 100100 100 1 6 7 . 2 1 6 7 . 4 1 6 7 . 4 170. 02 1 8 9 1 5 0 1 0 0 1 0 0 7 5 1 7 5 1 7 5 150 150 170 170 175. 15 300100 1 6 7 . 6 3 1 6 7 . 5 150 1 8 5 170. 02 1 5 . 7 7 170. 02 A C(C) 1 1897 1434 1430 1449 1450 1899 1835 1456 1450 1464 1425 1433 1430 1419 1907 1515 1459 1446 1450 1421 1908 1432 1877 1421 1439 1425 1905 1450 1417 1904 1417 1428 1442 1429 1433 1445 1445 1433 1527 1912 1437 1520 1848 1904 1451 1434 1425 1840 1902 1 4 6 0 1438 1514 1844 1455 1444 1844 1449 1901 1444 1440 1453 1448 1846 1420 1434 1900 1429 1463 1915 1422 1427 1460 1911 1509 1453 1480 1437 1430 1909 1445 191 4 1441 1824 184 1-3 18 41-1 184 1-8 18 41-6 18 41-5 A 33519 97 51 9 186 186 186 187 188 188 188 189 188 189 189 187 186 186 1840 14 40 14 30 1827 14 32142 6 14 56 14 38 1508 14 36 14 63 1851 142 4 1521 14 42 14 75 192 3 1823 1835 14 26 14 28 1874 1849 141 8 141 8 14 41 1898 142 2 14 52 14 46 1841 1831 191 1526 14 26 14 65 1900 191 9 14 38 1845 18 41-2 18 41-4 18 41-7 18 41-5 B -Not to Scale- -Not a Survey- EXISTING SURROUNDING USES Owners: Cay 1475 LLC Case: DVA2011-01001 Site: 1475 Sunset Point Road Property Size(Acres): 1.52 Land Use Zoning PIN: 02-29-15-00000-320-0200 From : To: R/OG, RU, CG O, LMDR R/O/R C Atlas Page: 261A Single Family Residential Single Family Residential Preschool Vacant Office Veterinarian Dentist Printers Retail Vacant Office Vacant Commercial Multi Family Residential Single Family Residential Check Cashing Thrift Store Restaurant Doctor Offices Single Family Residential Single Family Residential Restaurant Grocery Store Drive thru Restaurant Office, Restaurant, Retail Sales & Services Pharmacy Attachment number 7 Page 5 of 6 View looking south at the subject parcel, 1475 Sunset Point Road West of the subject property View looking easterly along Sunset Point Road East of the subject property Across street, to north of the subject property View looking westerly along Sunset Point Road DVA2011-01001 Cay 1475, LLC 1475 Sunset Point Road Attachment number 7 Page 6 of 6 Commercial vacancies at Highlands Shopping Center (total of 10 units comprising 16,790 square feet) Commercial vacancy at Sunset Square Shopping Center (total of three units comprising 2,700 square feet) LUP/REZ/DVA2011-01001 Cay 1475, LLC 1475 Sunset Point Road Vacant Commercial Properties at Southeast Corner of Sunset Point Road and Highland Avenue Attachment number 8 Page 1 of 1 Attachment number 9 Page 1 of 32 Attachment number 9 Page 2 of 32 Attachment number 9 Page 3 of 32 Attachment number 9 Page 4 of 32 Attachment number 9 Page 5 of 32 Attachment number 9 Page 6 of 32 Attachment number 9 Page 7 of 32 Attachment number 9 Page 8 of 32 Attachment number 9 Page 9 of 32 Attachment number 9 Page 10 of 32 Attachment number 9 Page 11 of 32 Attachment number 9 Page 12 of 32 Attachment number 9 Page 13 of 32 Attachment number 9 Page 14 of 32 Attachment number 9 Page 15 of 32 Attachment number 9 Page 16 of 32 Attachment number 9 Page 17 of 32 Attachment number 9 Page 18 of 32 Attachment number 9 Page 19 of 32 Attachment number 9 Page 20 of 32 Attachment number 9 Page 21 of 32 Attachment number 9 Page 22 of 32 Attachment number 9 Page 23 of 32 Attachment number 9 Page 24 of 32 Attachment number 9 Page 25 of 32 Attachment number 9 Page 26 of 32 Attachment number 9 Page 27 of 32 Attachment number 9 Page 28 of 32 Attachment number 9 Page 29 of 32 Attachment number 9 Page 30 of 32 Attachment number 9 Page 31 of 32 Attachment number 9 Page 32 of 32 Community Development Board – May 17, 2011 DVA2011-01001 – Page 1 of 6 CDB Meeting Date: May 17, 2011 Case Number: DVA2011-01001 (Related to LUP2011-01001 and REZ2011-01001) Agenda Item: E.3. (Related to E.1 and E.2) Owner/Applicant: Cay 1475 LLC Representative: Todd Pressman Address: 1475 Sunset Point Road CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION Request: Review of a Development Agreement between Cay 1475 LLC (the property owner) and the City of Clearwater as per Community Development Code Section 4-606. Current/Proposed Zoning Districts: Current: Low Medium Density Residential (LMDR), Office (O) and Commercial (C) Districts Proposed: Commercial (C) District Current/Proposed Future Land Use Map Categories: Current: Residential Urban (RU), Residential/Office General (R/OG) and Commercial General (CG) Proposed: Residential/Office/Retail (R/O/R) Property Use: Current: Vacant bank building Proposed: Retail sales and services (Family Dollar store) Existing Surrounding Zoning And Uses: North: Low Medium Density Residential (LMDR) Single family residential South: Low Medium Density Residential (LMDR) Single family residential East: Commercial (C) Vacant gas station West: Office (O) Retail store ANALYSIS: Site Location and Existing Conditions: This case involves a 1.52-acre property located at 1475 Sunset Point Road and owned by Cay 1475 LLC. The property is comprised of one parcel and is currently occupied by a structure formerly used for drive-through banking. The site is located on the south side of Sunset Point Road, approximately 150 feet west of Highland Avenue. The subject property contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive through and drive isle traversing the eastern portion of the property, Attachment number 10 Page 1 of 6 Community Development Board – May 17, 2011 DVA2011-01001 – Page 2 of 6 connecting to Highland Avenue. The subject property has approximately 300 feet of frontage along Sunset Point Road and 75 feet of frontage along Highland Avenue. Properties to the north and south of the subject property have a future land use map designation of Residential Urban (RU) and are zoned Low Medium Density Residential (LMDR). The property to the east has a future land use map designation of Commercial General (CG) and is zoned Commercial (C). The property to the west has a future land use map designation of Residential/Office General (R/OG) and is zoned Office (O). Development Proposal: A request for an amendment to the Future Land Use Map of the property from Residential Urban (RU), Residential/Office General (R/OG) and Commercial General (CG) to Residential/Office/Retail (R/O/R) is being processed concurrently with this case. In addition, a request for rezoning of the property from Office (O) and Low Medium Density Residential (LMDR) to Commercial (C) is also being processed concurrently with this case. The Development Review Committee approved a Flexible Standard Development application for the Family Dollar at its March 3, 2011 meeting (issuance of development order pending approval of the associated cases). Development Agreement Request: The Development Agreement associated with the 1.52-acre site limits the use and development of the subject site to an 8,320 square foot Family Dollar store, whereas 26,484 square feet could be allowed, for a period of 10 years. The Agreement sets forth public and private obligations and requires redevelopment of the site to be consistent with the following requirements: 1. Requires the Developer to build a retail store and restricts certain uses, such as adult entertainment, night clubs or bars with on premises consumption and new and used car sales; 2. Requires developer to obtain and maintain any approvals and permits necessary from Pinellas County, Southwest Florida Water Management District and the Florida Department of Environmental Protection; 3. Requires the property to be developed in conformance with the plan submitted as Exhibit 1 to Exhibit B; 4. Limits the architectural style of the building to be consistent with the rendered drawings submitted as Exhibit 2 to Exhibit B; 5. Limits the building height to one story at a maximum of 20.5 feet. Additionally, the Development Agreement obligates the City to comply with the following: 1. Concurrently process the Future Land Use Map amendment under LUP2011-01001 and Zoning Atlas amendment under REZ2011-01001; 2. Approve site and construction plan consistent with the City’s Comprehensive Plan and the submitted site plan. Attachment number 10 Page 2 of 6 Community Development Board – May 17, 2011 DVA2011-01001 – Page 3 of 6 CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN: [Section 4-606.F] Recommended Findings of Fact: In reaching a decision on whether to approve a development agreement, the Community Development Code requires City Council to determine whether the development agreement is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which are not supportive of the proposed development agreement include: Policy A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of “strip commercial” zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure comprised of a hierarchy of places and linkages. The citywide design structure will serve as a guide to development and land use decisions while protecting those elements that make the city uniquely Clearwater. Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Map A-14 (and Attachment) Neighborhood Shopping Centers and Surrounding Non-residential Uses – Neighborhood Centers typically consist of a limited number of commercial establishments that fulfill the basic needs of residents within one mile of the center. Attachment number 10 Page 3 of 6 Community Development Board – May 17, 2011 DVA2011-01001 – Page 4 of 6 Table 1: Parcels West of the Subject Property to King’s Highway Along Sunset Point Road Address(es) Linear Distance1 FLUM Designation Zoning Atlas Designation Current Use2 Building Size3 1463 1465 0’ Residential/Office General (R/OG) Office (O) Retail store4 3,680 SF 1455 100’ Residential/Office General (R/OG) Office (O) Dentist office 3,800 SF 1453 200’ Residential/Office General (R/OG) Office (O) Veterinarian 4,200 SF 1425 300’ Residential/Office General (R/OG) Office (O) Vacant 1,750 SF 1419 400’ Residential/Office General (R/OG) Office (O) Daycare 4,688 SF 1413 500’ Residential High (RH) Medium High Density Residential (MHDR) Vacant lot N/A 1872 1874 King’s Hwy 667’ Residential High (RH) Medium High Density Residential (MHDR) Vacant lot N/A Notes: 1. Linear distance in feet from the western property edge of 1475 Sunset Point Road. 2. Current use for which a current Business Tax Receipt has been obtained and recorded in City permitting software. 3. Total finished building square footage (source: Pinellas County Property Appraiser) 4. Retail sales and services is allowable only as an accessory use in the Office (O) zoning district, and is therefore, in these two cases, a nonconforming use. Recommended Conclusions of Law: The development agreement conflicts with the goals, objectives and policies of the Clearwater Comprehensive Plan as indicated in the following. The proposed extension of commercial uses along the predominantly residential Sunset Point Road corridor could negatively impact the adjacent single-family residential neighborhoods to the north and south. Sunset Point Road, west of Highland Avenue, is primarily residential in nature with office and some nonconforming retail uses. As shown in Table 1, parcels west of the subject property are characterized by small office buildings. In the Office (O) District, retail sales and services is only allowed as an accessory use. This was intended to allow small shops in office parks that would serve the needs of the office park employees. Therefore, in the two cases listed in Table 1 (a retail store and a daycare), the retail sales and services uses are nonconforming and if ever abandoned for a period exceeding six months, would not be allowed to be reestablished in the Office (O) District as primary uses. The Citywide Design Structure, as shown on Map A-14, depicts the southeast corner of Sunset Point Road and Highland Avenue, Sunset Square Shopping Center, as a Neighborhood Shopping Center. Neighborhood Centers are intended to fulfill the basic needs of residents within one mile of the center. This designated Neighborhood Center does not include the property to the west of Highland Avenue as it recognizes there is sufficient commercially designated land currently in place. The proposal to expand commercial use designations outside of the Neighborhood Center creates more commercial land than is needed to support the basic needs of the surrounding residents. Currently, the two shopping centers at the southeast corner of Sunset Point Road and Highland Avenue have 19,490 square feet of vacant commercial space. Approval of more land Attachment number 10 Page 4 of 6 Community Development Board – May 17, 2011 DVA2011-01001 – Page 5 of 6 west of Highland Avenue for commercial use will add more commercially designated property in a neighborhood that has an overabundant supply of existing vacant commercial space. The associated proposed future land use map and zoning atlas amendments would allow for additional uses not allowed by two of the three subject property’s current future land use and zoning designations. Some of these potential uses are incompatible with the surrounding environment and envisioned character of the neighborhood. The proposed Development Agreement would limit the more severe incompatible uses (adult entertainment, night clubs or bars and new and used car sales), but only for ten years, at which time the restrictions expire. However, at termination of the Development Agreement, the Future Land Use Map designation, the Zoning Atlas category and allowed uses, stay with the property. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. In summary, a public benefit must be exhibited for the City to endure the obligations associated with a Development Agreement. The proposed Development Agreement demonstrates no asset to the public, but rather is being used as a means to expand strip commercial development in a neighborhood that already contains an overabundant supply of vacant strip commercial. Approval of the proposed Development Agreement could undermine the long term integrity of the primarily single family residential neighborhood as the result would be an irreversible burden of more strip commercial development. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 7, 2011, and deemed the development proposal to be legally sufficient to move forward to the CDB, based upon the following: Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 1.52-acre site is located on the south side of Sunset Point Road, approximately 150 feet west of Highland Avenue; 2. That there is a companion application to amend the Future Land Use Map designations for the subject property from Residential Urban (RU), Residential/Office General (R/OG) and Commercial General (CG) to the Residential/Office/Retail (R/O/R) designation (LUP2011- 01001), and to rezone the property from Office (O) and Low Medium Density Residential (LMDR) districts to the Commercial (C) district (REZ2011-01001); 3. That the proposed Residential/Office/Retail (R/O/R) Future Land Use Map designation limits future expansion to a maximum floor area ratio (FAR) of 0.40 and a maximum density of 18 dwelling units per acre; and 4. The proposed agreement endures for 10 years. Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: Attachment number 10 Page 5 of 6 Community Development Board – May 17, 2011 DVA2011-01001 – Page 6 of 6 1. That the Development Agreement implements and formalizes the maximum requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLS2011-02002); 2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the Community Development Code; 3. That the Development Agreement is inconsistent with and the Visions, Goals, Objectives and Policies of the Comprehensive Plan. Based upon the above, the Planning and Development Department recommends the DENIAL, and recommendation of denial to the City Council, of a Development Agreement between Cay 1475, LLC (the property owner) and the City of Clearwater as per Community Development Code Section 4-606, for the property at 1475 Sunset Point Road. Prepared by Planning and Development Department Staff: __________________________________________ Catherine Lee, Planner III ATTACHMENTS: Development Agreement with Exhibits Staff Resume Location Map Aerial Map Future Land Use Map Zoning Map Existing Surrounding Uses Map Site Photographs S:\Planning Department\C D B\Development Agreements (DVA)\DVA2011-01001 - Sunset Point Rd 1475- Cay 1475 LLC\Staff Report\DVA2011-01001 Sunset Point Road 1475 DVA Staff Report for 5 17 11 CDB.docx Attachment number 10 Page 6 of 6 Resolution No. 11-09 RESOLUTION NO. 11-09 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND CAY 1475, LLC, A FLORIDA LIMITED LIABILITY COMPANY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Cay 1475, LLC a Florida limited liability company; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and Cay 1475 LLC, a Florida limited liability company, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2011. ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 11 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Approve amendments to the Clearwater Comprehensive Plan addressing minor editorial changes within the Conservation and Capital Improvements Elements, and pass Ordinance 8256-11 on first reading. (CPA2011-03001) SUMMARY: The Planning and Development Department is recommending amendments to the Clearwater Comprehensive Plan that would modify references to water quality criteria regulations, correct a reference to the 25-year floodplain map, and correct a table within the Capital Improvements Element. Staff evaluated the proposed amendment pursuant to Community Development Code Section 4-603.F. and finds that the amendment is consistent with the code and furthers the implementation of the comprehensive plan. The Community Development Board reviewed and unanimously recommended approval of the proposed comprehensive plan amendment at noticed public hearing on April 19, 2011. As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida Department of Community Affairs is required. Review Approval:1) Clerk 2) Assistant City Manager 3) City Manager 4) Clerk Cover Memo 1 Exhibit A Ordinance No. 8256-11 EXHIBIT A ATTACHMENT TO ORDINANCE 8256-11 AMENDMENT 1 – CONSERVATION ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Policy F.1.2.3of the Plan on page F-3 as follows: * * * * * Policies F.1.2.3 The City shall support the establishment of Total Maximum Daily Loads (TMDL) for impaired water and its implementation as appropriate within the City development of water quality specific level of service criteria as required within the provisions of the National Pollution Discharge Elimination System (NPDES) permit issued to Pinellas County by the Florida Department of Environmental Protection. * * * * * AMENDMENT 2 – CONSERVATION ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Policy F.1.8.9of the Plan on page F-8 as follows: * * * * * Policies F.1.8.9 Pesticide dealers, auto paint and repair shops, salvage yards, and other small-quantity generators of hazardous waste identified as per Florida State Law shall provide storage of hazardous products and by products outside of the elevation of the 2625-year flood plain, shall not cause the direct discharge of runoff from said storage areas into water of the State, and shall have containment/separation traps of adequate size to prevent any discharge in case of a spill or accident. * * * * * AMENDMENT 3 – CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES AND POLICIES Amend “FY2010/2011 ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT” Tables starting on page I-14 as follows: * * * * * ROADS: Roadway LOS standard: C Average Daily, D Peak Hour Arterial and collector roadways currently operating below the adopted LOS standard include: Attachment number 1 Page 1 of 3 2 Exhibit A Ordinance No. 8256-11 # Roadway Segment Juris1 Road Type Length (mi) Volume/ Capacity Ratio 2009 Level of Service 590 Belleair Rd (US 19 to Keene) 2 3 CR 2U 1.969 0.86 E 800 Ft Harrison Ave (Belleair to Chestnut) 3 CL 2D 1.551 1.24 F 802 Ft Harrison Ave (Chestnut to Drew) 3 CL 2D 0.498 1.18 F 985 McMullen Booth Rd (Gulf to Bay to Main)2 3 SRCR 6D 2.267 1.24 F 986 McMullen Booth Rd (Main to SR 580) 2 3 SRCR 6D 2.042 1.27 F 987 McMullen Booth Rd (SR 580 to SR 586) 2 SRCR 6D 1.768 1.09 F 1025 NE Coachman Rd (Drew to US 19) SR 2U 1.741 1.14 F 672 SR 60 (Hillsborough CL to Bayshore) 3 SR 4D 5.235 1.46 F 844 SR 60/Gulf to Bay Blvd(Highland to Keene)3 SR 6D 0.756 0.97 E5 845 SR 60/Gulf to Bay Blvd (Keene to Belcher) 3 SR 6D 1.026 1.15 F 846 SR 60/Gulf to Bay Blvd (Bayshore to US19)3 SR 6D 1.512 1.21 F 847 SR 60/Gulf to Bay Blvd (US 19 to Belcher) 3 SR 6D 0.986 1.15 F 1253 US 19 (Belleair to Druid/Seville) 4 SR 6D 1.210 1.73 F5 1256 US 19 (Sunset Point to Enterprise) 4 SR 6D 1.333 1.66 F5 Notes: 1. CR – County road; CL – City of Clearwater; SR – State road. 2. Policy constrained roadway per the 2035 Pinellas County Long Range Transportation Plan. 3. Related capacity improvement identified in the Pinellas County Transportation Improvement Program, FY 2010-FY 2015. 4. Related capacity improvement identified in the Florida Department of Transportation Five- Year Work Program, FY 2011-2015. 5. 2025 level of service projections indicate improvement to LOS D. Source: Facility Level of Service Analysis, Pinellas County MPO, 2009. Arterial and collector roadways projected to operate below the adopted LOS standard in 2025 are listed below. Note: The Pinellas MPO does not calculate interim year LOS projections (e.g., 2015), therefore, 2025 data is used. # Roadway Segment Juris1 Road Type Length (mi) Year 2025 AADT2 2025 Level of Service 515 US Alt 19/Edgewater (Myrtle to Broadway SR 2U 2.091 24712 F 582 Belcher Rd (Gulf to Bay to NE Coachman) CR 4U 0.805 33477 F 590 Belleair Rd (US 19 to Keene) 3 CR 2U 1.969 19000 E 634 Chestnut St (Court St Conn. to Ft Harrison) SR 2O 0.225 23000 F 635 Chestnut St (Ft Harrison to Myrtle) SR 4O 0.252 23000 F 643 Cleveland St (Ft Harrison to Myrtle) CL 2D 0.247 10186 E 669 Court St (Missouri to Highland) SR 4D 0.755 32256 F 670 Court St (Ft Harrison to Oak) SR 3O 0.105 24164 F 671 Court St (Oak to Chestnut St Connection) SR 3O 0.048 29025 F 736 Drew St (Missouri to Highland) SR 4U 0.794 14248 E 749 Druid Rd ( Keene to Highland) CL 2U 0.774 14248 E 800 Ft Harrison Ave (Belleair to Chestnut) CL 2D 1.551 33000 F Attachment number 1 Page 2 of 3 3 Exhibit A Ordinance No. 8256-11 # Roadway Segment Juris1 Road Type Length (mi) Year 2025 AADT2 2025 Level of Service 802 Ft Harrison Ave (Chestnut to Drew) CL 2D 0.498 28666 F 866 Highland Ave (Druid to Belleair) CR 2U 0.253 16795 F 867 Highland Ave (Druid to Gulf to Bay) CR 4U 0.253 17882 F 912 Keene Rd (Drew to Sunset Point) CR 6D 1.518 38000 F 913 Keene Rd (Sunset Point to SR 580) CR 6D 2.032 38000 F 985 McMullen Booth Rd (Gulf to Bay to Main) 3 SRCR 6D 2.267 82466 F 986 McMullen Booth Rd (Main to SR 580) 3 SRCR 6D 2.042 83112 F 987 McMullen Booth Rd (SR 580 to SR 586) 3 SRCR 6D 1.768 73631 F 995 Memorial Cswy (Rnd-about to Island Way) 3 SR 4D 0.447 52000 F 997/8 Memorial Cswy (Court to Cleveland) 3 SR 4D 1.28 52000 F 1025 NE Coachman Rd (Drew to US 19) SR 2U 1.741 23244 F 1026 NE Coachman Rd (US 19 to McMullen Bth) SR 2U 1.267 19992 F 1036 Nursery Rd (US 19 to Belcher) CR 2U 0.916 15000 F 1037 Nursery Rd (Belcher to Keene) CR 2U 1.008 12000 F 1038 Nursery Rd (Keene to Highland) CR 2U 0.773 12000 F 1216 Sunset Point Rd (Keene to Belcher) CR 4D 1.098 44321 F 1217 Sunset Point Rd (Belcher to US 19) CR 4D 0.959 37549 F 672 SR 60 (Hillsborough CL to Bayshore) SR 4D 5.235 68616 F 845 SR 60/Gulf to Bay Blvd (Keene to Belcher) SR 6D 1.026 63237 F 846 SR 60/Gulf to Bay Blvd (Bayshore to US 19) SR 6D 1.512 65846 F 847 SR 60/Gulf to Bay Blvd (US 19 to Belcher) SR 6D 0.986 60500 F 1258 US 19 (SR 580 to Curlew) SR 6D 2.035 95502 F Notes: 1. CR – County road; CL – City of Clearwater; SR – State road. 2. AADT – Annual Average Daily Traffic. 3. Policy constrained roadway per the 2035 Pinellas County Long Range Transportation Plan or Clearwater Comprehensive Plan. Source: Year 2025 AADT Traffic Forecast and PM Peak Level Of Service, Pinellas County MPO, 2009. * * * * * Attachment number 1 Page 3 of 3 Community Development Board – April 19, 2011 CPA2011-03001– Page 1 CDB Meeting Date: April 19, 2011 Case Number: CPA2011-03001 Ordinance No.: 8256-11 Agenda Item: E. 4. CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: Clearwater Comprehensive Plan Amendments INITIATED BY: City of Clearwater Planning & Development Department BACKGROUND: In January 2011, the Planning and Development Department worked with members from other departments within the city, to review certain elements of the Clearwater Comprehensive Plan. During this review, several policies were identified as requiring minor amendments during the next amendment stage of the Plan in order to correct inaccurate references and modify certain regulations. ANALYSIS: A total of three amendments are proposed to the text of the Clearwater Comprehensive Plan in Ordinance No. 8256-11. One amendment modifies references to water quality criteria regulations, one corrects a reference to the 25-year floodplain map, and another is editorial in nature. This text amendment is considered a large scale plan amendment and requires review and approval by the Florida Department of Community Affairs. Please find a summary of each amendment below. 1. Amendment 1 – Revise Policy F.1.2.3 of the Conservation Element (Page 1 of Exhibit A of proposed ordinance and page F-3 of the Plan). Proposed Amendment 1 changes references to the water quality criteria regulations, removing reference to Total Maximum Daily Loads (TMDL) and replacing it with reference to the provisions of the National Pollution Discharge Elimination System (NPDES) permits. This change would allow the city to assess water quality utilizing a permit issued by the State that takes into account all local state, and federal water quality requirements. 2. Amendment 2 – Amend Policy F.1.8.9 of the Conservation Element (Page 1 of Exhibit A of proposed ordinance and page F-8 of the Plan). This proposed amendment corrects references to the 25-year floodplain, which was incorrectly written as the 26-year flood plain. 3. Amendment 3 – Amend the “FY2010/2011 ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT” Tables of the Capital Improvements Element (Pages 1 through 3 of Exhibit A of proposed ordinance and page I-14 through I-15 of the Plan). This proposed corrects the jurisdiction for McMullen Booth Road to County Road, for all segments of the road included within the roads level of service tables. Attachment number 2 Page 1 of 3 Community Development Board – April 19, 2011 CPA2011-03001– Page 2 STANDARDS FOR REVIEW: Pursuant to Community Development Code Section 4-603.F., no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. The proposed amendments to the Clearwater Comprehensive Plan are consistent with existing goals, policies and objectives in the Plan. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendments make two minor editorial modifications and revise language for water quality criteria regulations, consistent with other goals, objectives and policies within the Plan. The proposed amendment is not inconsistent with other provisions of the Plan. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. The proposed amendments are text amendments that are not directly related to a specific property, and therefore do not affect available uses. 4. Sufficient public facilities are available to serve the property. The proposed amendments are text amendments that are not directly related to a specific property. 5. The amendment will not adversely affect the natural environment. The proposed amendments are mostly editorial in nature except for the modified reference to water quality regulations. The proposed language, amending the standard by which water quality will be assessed to the National Pollution Discharge Elimination System (NPDES), would allow for a higher level of accuracy at the local level as NPDES Permits are based on more locally based data. 6. The amendment will not adversely impact the use of property in the immediate area. The proposed amendments are not site specific, and therefore are not expected to adversely impact the use of any properties within the City of Clearwater. Attachment number 2 Page 2 of 3 Community Development Board – April 19, 2011 CPA2011-03001– Page 3 SUMMARY AND RECOMMENDATION : The proposed amendments to the Clearwater Comprehensive Plan address minor editorial changes. These proposed amendments further the goals and many objectives already included in the Comprehensive Plan, will not result in inappropriate or incompatible uses, will not adversely affect the natural environment or impact the use of property in the immediate area, and sufficient public facilities exist to implement the proposed amendment. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8256-11 that amends the Clearwater Comprehensive Plan. Prepared by Planning & Development Department Staff: _______________________________________ Lauren Matzke, AICP Planner III ATTACHMENTS: Ordinance No. 8256-11 and Exhibit A S:\Planning Department\COMPREHENSIVE PLAN\2011 Comp Plan Amendments\CPA2011-03001 - Misc Amendments\Staff Report\Ordinance No 8256-11 2011 04-19 CDB Staff Report.doc Attachment number 2 Page 3 of 3 Ordinance No. 8256-11 ORDINANCE NO. 8256-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY, BY AMENDING CONSERVATION ELEMENT POLICY F.1.2.3 TO MODIFY REFERENCES TO WATER QUALITY CRITERIA REGULATIONS; BY AMENDING CONSERVATION ELEMENT POLICY F.1.8.9 TO CORRECT REFERENCE TO THE 25-YEAR FLOODPLAIN MAP; BY MAKING MINOR EDITORIAL CHANGES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the City Council approved Ordinance Number 8088-09, which amended the Comprehensive Plan of the City on November 17, 2009; and WHEREAS, the City Council approved Ordinance Number 8134-10, which amended the Comprehensive Plan of the City on May 20, 2010; and WHEREAS, the Conservation Element of the Comprehensive Plan is being amended to update policies to include revised references; and WHEREAS, amendments to the Comprehensive Plan have been prepared in accordance with the applicable requirements of law, after conducting appropriate planning analysis and public participation through public hearings, opportunity for written comments, open discussion and the consideration of public and official comments; and WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comments, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, Attachment number 3 Page 1 of 2 Ordinance No. 8256-11 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments 1 – 3 to the Clearwater Comprehensive Plan attached hereto as Exhibit “A” are hereby adopted. Section 2. This ordinance shall be published in accordance with the requirements of law. Section 3. If any section, provision, clause, phrase, or application of this Ordinance shall be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining provisions shall be deemed severable therefrom and shall remain in full force and effect. Section 4. This ordinance shall become effective when the state land planning agency issues a final order determining the adopted amendment to be in compliance, the Administration Commission issues a final order determining the adopted amendments to be in compliance in accordance with Sections 163.3177, 163.3187 or 163.32465(6)(g), F.S., as amended, or when the adopted amendment is otherwise determined or deemed to be in compliance with state law. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Adopt Ordinance 8258-11 on second reading, amending Section 4.23, Code of Ordinances, to extend the operating hours of the Airpark from 7:00 am to 11:00 pm. SUMMARY: Review Approval: Cover Memo Ordinance No.8258-11 1 ORDINANCE NO. 8258-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 4.23, CODE OF ORDINANCES, REGARDING RESTRICTIONS AND TAKEOFFS ON LANDINGS; EXTENDING THE AIRPARK HOURS OF OPERATION FROM 7 A.M. TILL 11 P.M.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Clearwater Code of Ordinances currently restricts aircraft takeoffs and landings at Clearwater Airpark after 9 p.m., and, WHEREAS, the Airpark Advisory Board Has recommended extending the time that aircraft may land or take off from the Clearwater Airpark to stay competitive with local airparks; and, WHEREAS, this amendment will allow aircraft to take off and land until 11 p.m. at the Clearwater Airpark; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 4.23, Code of Ordinances, is hereby amended as follows: Sec. 4.23. Restrictions on takeoffs and landings. ********** (2) Curfew. No aircraft shall be permitted to take off or land at Clearwater Airpark during the time between one hour after official sunset and 7:00 a.m. the following day and no aircraft shall be permitted to land at Clearwater Airpark during the time between 9:00 p.m. 11 p.m. and 7:00 a.m. the following day. Traffic reporting aircraft only may take off at 6:00 a.m. with the permission of the airport manager. ********** Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Adopt Ordinance 8259-11 on second reading, vacating a non-exclusive easement for sidewalk, drainage, utilities, and for the parking of motor vehicles located on the Clearwater Marine Aquarium property, 249 Windward Passage, subject to conditions. SUMMARY: Review Approval: Cover Memo Ordinance No. 8169-10 ORDINANCE NO. 8259-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING TWO PORTIONS OF A NON- EXCLUSIVE EASEMENT FOR SIDEWALK, DRAINAGE, UTILITIES AND ACCESS, AND FOR THE PARKING OF NOT MORE THAN 22 MOTOR VEHICLES, AS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, SUBJECT TO SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Marine Aquarium, Inc., owner (the Owner) of real property located in the City of Clearwater (the City), has requested that the City vacate the easement portions depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement portions are not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated, subject to special conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Portions of that Non-exclusive Easement for sidewalk, drainage, utilities and access, and for the parking of not more than twenty-two (22) motor vehicles, as recorded in the Official Records Book 6319, Page 802, of the Public Records of Pinellas County, Florida, being further described as follows: PARCEL 1: COMMENCE at the Southwesterly corner of Tract A, of UNIT 2, ISLAND ESTATES OF CLEARWATER, as recorded in Plat Book 47, Pages 19A and 20, of the Public Records of Pinellas County, Florida; thence N.49°23’41”W. (being the basis of bearings for this description), along the Northerly Right of Way of Clearwater Causeway, for 575.00 feet to an Easterly corner of that Non-exclusive Easement for sidewalk, drainage, utilities and access, and for the parking of not more than twenty-two (22) motor vehicles, as recorded in Official Records Book 6319, Page 802, of the Public Records of Pinellas County, Florida; thence continue N49°23’41”W., along a Northeasterly boundary of said Easement, for 61.50 feet; thence leaving said Northeasterly boundary of Easement, S.40°36’19”W., for 20.43 feet to the POINT OF BEGINNING; thence S.49°23’41”E., for 42.92 feet; thence S.40°36’19”W., for 127.13 feet to the beginning of a curve concave Northerly having a radius of 41.50 feet; thence Southwesterly, 65.19 feet along the arc of said curve, through a central angle of 90°00’00” (chord bearing S.85°36’19”W., 58.69 feet) to the end of said curve; thence tangent, N.49°23’41” W., for 25.67 feet to the beginning of a non-tangent curve concave Northeasterly, having a radius of 18.50 feet and a radial bearing of N.06°47’18”W.; thence Northwesterly, 27.77 feet along the arc of said curve, through a central angle of 86°00’44” (chord bearing N.53°46’56”W., 25.24 feet to a Northeasterly boundary of aforesaid Non-exclusive Easement for the end of said curve; thence non-tangent, S.49°23’41”E., along said Attachment number 1 Page 1 of 3 2 Ordinance No. 8259-11 Northeasterly boundary of Easement, for 19.42 feet; thence along a Westerly boundary of said Non-exclusive Easement the following three (3) courses; thence (1) N.40°36’19”E., for 36.50 feet; thence (2) S.49°23’41”E., for 30.00 feet; thence (3) N.40°36’19”E., for 134.06 feet to the POINT OF BEGINNING. TOGETHER WITH PARCEL 2: COMMENCE at the Southwesterly corner of Tract A, of UNIT 2, ISLAND ESTATES OF CLEARWATER, as recorded in Plat Book 47, Pages 19A and 20, of the Public Records of Pinellas County, Florida; thence N.49°23’41”W. (being the basis of bearings for this description), along the Northerly Right of Way of Clearwater Causeway, for 575.00 feet to an Easterly corner of that Non-exclusive Easement for sidewalk, drainage, utilities and access, and for the parking of not more than twenty-two (22) motor vehicles, as recorded in Official Records Book 6319, Page 802, of the Public Records of Pinellas County, Florida; thence continue N49°23’41”W., along a Northeasterly boundary of said Easement, for 423.25 feet; thence leaving said Northeasterly boundary, S.40°36’19”W., for 52.05 feet to the POINT OF BEGINNING; thence along an Easterly boundary of said Easement the following three (3) courses; thence (1) continue S.40°36’19”W., for 103.44 feet; thence (2) S.49°23’41”E., for 28.25 feet; thence (3) S.40°36’19”W., for 33.45 feet; thence leaving said Easterly boundary of Easement, N.49°23’41”W., for 26.88 feet to the beginning of a curve concave Easterly, having a radius of 41.50 feet; thence Northerly, 65.19 feet along the arc of said curve, through a central angle of 90°00’00” (chord bearing N.04°23’41”W., 58.69 feet) to the end of said curve; thence tangent, N40°36’19E., for 95.39 feet; thence S.49°23’41”E., for 40.13 feet to the POINT OF BEGINNING; shall be vacated, and the City will release all of its rights in the easement as described above, only after the Owner has met all the following conditions to the City’s satisfaction: 1. Owner shall obtain a Development Order issued pursuant to flexible development application (case FLD2011-02006), and issuance of such Development Order will be conditioned upon the Owner providing an exclusive easement providing twenty-four (24) parking spaces (the Parking Easement) that are for the benefit of users of the adjacent City-owned boat slips; 2. The Owner shall record the Parking Easement, and Owner shall provide all necessary pedestrian ingress and egress from the Parking Easement to the City-owned boat slips and include a subordination of the Mortgagee’s rights, title, and claim in the servient estate to the Parking Easement granted to the City thereby; however, should there be an amendment to the above-referenced Development Order necessitating a relocation of any parking spaces differing from the depiction in Exhibit B, the Parking Easement may be amended upon City Council approval; and 3. Owner shall obtain a building permit for the proposed improvements as provided for in approval of case FLD2011-02006 within two years of the date of issuance of the above-referenced Development Order. Attachment number 1 Page 2 of 3 3 Ordinance No. 8259-11 Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance will take effect only upon the completion of all preceding conditions, and this vacation ordinance will be null and void if any of the preceding conditions are not met. PASSED ON FIRST READING _________________________ 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 Attachment number 1 Page 3 of 3 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Clearwater Beach Association Request for Protective Measures for Sand Dunes and Vegetation Growth SUMMARY: Review Approval: Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Homelessness - Councilmember Jonson SUMMARY: Review Approval: Cover Memo Strategic Homelessness Action Plan for The Pinellas County Area ~~ ~~ ~~ Needs Assessment and Gap Analysis Reports - Phases II and III of VII Phases for City of St. Petersburg by Robert G. Marbut Jr. ~~ ~~ ~~ March 27, 2011 Attachment number 1 Page 1 of 29 Phase I Scope During Phase I (October through December 2010) an inventory study of homeless services was conducted using in person site visits to homeless service providers throughout Pinellas County. For the most part, two to four site visits were performed per service agency for the purpose of inventorying services on a 168 hour (eg one week) cycle of service. “Formal” site visits were generally conducted 8a-5p, Monday to Friday, while “informal” visits occurred at night and weekends. It is essential to have an accurate understanding of the types and capacities of service within Pinellas County to insure appropriate recommendations are submitted. Phases 2 and 3 -- Marbut Report -- 2 Attachment number 1 Page 2 of 29 Phases II and III Scope Because of the inherent interconnectivity of the underlying issues between needs assessment and gap analyses, Phases II and III were conducted simultaneously (January through February 2011). Research and assessment was done on “types” of services (qualitative) and capacity of services (quantitative) needed in Pinellas County. Data was used from TBIN (Tampa Bay Information Network), HMIS (Homeless Management Information System) and Point-in-Time Counts (PITCs) which was then synthesized with street level observations and agency interviews. Additionally, because of the lack of a “families-with-children” waiting list, a month-long data survey was conducted of families with children who were being denied entry into the larger and medium sized family shelters in Pinellas County. The purpose of this survey was to determine empirically the gaps in service for families with children. Phases 2 and 3 -- Marbut Report -- 3 Attachment number 1 Page 3 of 29 After visiting 237 homeless service providers in 12 states and the District of Columbia, the following Seven Guiding Principles were commonly found to be the best practices in the USA. These Seven Guiding Principles of Transformation are used as the key measuring stick when reviewing homeless service providers in Pinellas County. The Seven Guiding Principles of Transformation Moving from Enablement to Engagement 1.Move to a Culture of Transformation (versus the Old Culture of Warehousing): Homeless individuals must be engaged and no longer enabled. Everybody within the services delivery system (eg general public, media, elected politicians, appointed officials, monitors, boards, staffs and volunteers of service agencies and most importantly the homeless themselves) must embrace a culture of transformation. A culture, that through the help of others, homeless individuals can transform and integrate themselves back into society. For moral and fiscal reasons, homelessness must become an unacceptable condition that is not tolerated in the USA. 2.Co-location and Virtual E-integration of as Many Services as Possible: In order to increase success, all services within a service area must be e-integrated. Virtual e- integration improves coordination of services, enhances performance, reduces “gaming” of the system, engages individuals on the margin of society and increases cost efficiencies within and between agencies. Furthermore, whenever financially possible, services should be co-located. Co-location goes beyond virtual e-integration by increasing the number of “service hits” into a shorter period of time through the reduction of wasted time in transit and minimization of mishandled referrals. Co-location also increases the supportive “human touch.” 3.Must Have a Master Case Management System That is Customized: Because there are so many different service agencies helping homeless individuals (eg government at multi-levels, non-profits and faith-based), it is critical that ONE person coordinates the services an individual receives and to do so in a customized fashion. The types of service provided is critical, but what is more important is the sequencing and frequency of customized services. Phases 2 and 3 -- Marbut Report -- 4 Attachment number 1 Page 4 of 29 4.Reward Positive Behavior: Positive behavior of individuals should be rewarded with increased responsibilities and additional privileges. Privileges such as higher quality sleeping arrangements, more privacy and elective learning opportunities should be used as rewards. It is important that these rewards be used as “tools” to approximate the “real world” in order to increase sustainable reintegration into society. 5.Consequences for Negative Behavior: Too often there are no consequences for negative behavior of individuals. Unfortunately, this sends a message that bad behavior is acceptable. Within the transformational process, it is critical to have swift and proportionate consequences. 6.External Activities Must be Redirected or Stopped: External activities such as “street feeding” must be redirected to support the transformation process. In most cases, these activities are well-intended efforts by good folks; however, these activities are very enabling and often do little to engage homeless individuals. 7.Panhandling Enables the Homeless and Must Be Stopped: Unearned cash is very enabling and does not engage homeless individuals in job and skills training which is needed to end homelessness. Additionally, more often than not, cash is not used for food and housing but is instead used to buy drugs and alcohol which further perpetuates the homeless cycle. Homeless individuals who are panhandling should be engaged into the transformational process. Furthermore, most panhandlers are not truly homeless but are preying on the good nature of citizens to get tax free dollars. Phases 2 and 3 -- Marbut Report -- 5 Attachment number 1 Page 5 of 29 Service Inventory Visits and Tours ALPHA House of Pinellas County St. Petersburg Transitional Housing and Supportive Services for Homeless Pregnant Women, Mothers with Infants and Families Experiencing Crisis Pregnancies ASAP Homeless Services St. Petersburg Transitional Housing for Men, Women and Families with Supportive Services Bayview Park Bridge Encampment 24/7 Outdoor Sleeping Area Beacon House St. Petersburg Free Clinic St. Petersburg Temporary and Transitional Housing for Men, and Evening Meals for the Community Boley Apartments Boley Centers Pinellas County Permanent Supportive Housing and Safe Haven Brookwood Florida St. Petersburg Group Home for Adolescent Girls CASA (Community Action Stops Abuse) St. Petersburg Emergency and Transitional Housing for Victims of Abuse “Chicken Man” Mirror Lake Street Feeding Phases 2 and 3 -- Marbut Report -- 6 Attachment number 1 Page 6 of 29 CHIP (Clearwater Homeless Intervention Project) Clearwater Transitional Housing for Men and Women with Supportive Services Christ United Methodist Church St. Petersburg Nighttime Encampment and Services Clearwater City Council City of Clearwater Daystar Life Center St. Petersburg Variety of Services Including ID Recovery, Mail, Food Pantry, Toiletries and Utility Assistance ECHO - Eckerd College St. Petersburg Street Feeding Program Food Bank - RCS Religious Community Services, Inc. (RCS) Clearwater Food Bank Grace House - RCS Religious Community Services, Inc. (RCS) Clearwater Emergency Housing for Families with Children HEP Campus (Homeless Emergency Project) Clearwater A Full Service Transformational Homeless Campus for Men, Women and Families Phases 2 and 3 -- Marbut Report -- 7 Attachment number 1 Page 7 of 29 Homeless Leadership Network: General Membership and Executive Committee Pinellas County Coordination of Services Johnnie Ruth Clarke Health Center Community Health Centers of Pinellas, Inc. St. Petersburg A Wide Varity of Medical Services for the Uninsured Juvenile Welfare Board (JWB) Staff Pinellas County Funder and Coordinator of a Variety of Services for Children and Families Metropolitan Ministries Tampa Bay Wide Variety of Services for Homeless and Poor Families Mid-Pinellas County Cold Night Shelter Boys and Girls Club of the Suncoast Pinellas Park Cold Night Shelter Mobile Medical Unit 1 and Mobile Medical Unit 3 Pinellas County Health Department for Pinellas County Health and Human Services Pinellas County Homeless Mustard Seed Inn WestCare St. Petersburg Transitional Housing with Supportive Services for Men PAR Village Operation PAR Inc. Largo A Full Continuum of Substance Abuse, Mental Health and Residential Services Phases 2 and 3 -- Marbut Report -- 8 Attachment number 1 Page 8 of 29 People that Love St. Petersburg Nightly meals, food pantry and residential PEMHS (Personal Enrichment through Mental Health Services) A Wide Varity of Emergency Screening, Crisis Intervention and Adult/Child Inpatient Services Pinellas County Board of County Commissioners (three commissioners) Pinellas County Elected Officials Pinellas County Coalition for the Homeless, Inc. Pinellas County Coordination of Services Pinellas County Health Department Pinellas County Medical Services and Coordination Pinellas County Health and Human Services Pinellas County Medical Services and Coordination Pinellas County Public Defender Pinellas County Public Defense and Several Social Service Programs Pinellas County Sheriff’s Office Pinellas County Variety of Law Enforcement Services Pinellas Domiciliary Co-occurring Residential Treatment ACTS (Agency for Community Treatment Services, Inc.) Pinellas County Residential Services Men and Women with Mental Health and Substance Abuse Disorders Phases 2 and 3 -- Marbut Report -- 9 Attachment number 1 Page 9 of 29 Pinellas Hope Catholic Charities - Diocese of St. Petersburg, Inc Clearwater Temporary Emergency Shelter and Supportive Services for Men and Women Pinellas Park City Council City of Pinellas Park Pinellas Safe Harbor Clearwater Pinellas County Sheriff’s Office Indoor and Outdoor Safe Sleeping “Courtyard” Safe Place to Be St. Petersburg Family Resources Emergency and Transitional Housing for Teens “Sandwich Man” St. Petersburg City Hall Street Feeding Solid Rock Christian Church Pinellas County Sunday meals, pantry and substance abuse treatment St. Cecelia Catholic Church Cold Night Shelter Clearwater Cold Night Shelter St Peter's Episcopal Cathedral St. Petersburg Nighttime Encampment and Services Phases 2 and 3 -- Marbut Report -- 10 Attachment number 1 Page 10 of 29 St. Petersburg Center Pinellas County Health Department for Pinellas County Health and Human Services St. Petersburg Primary Medical Care Services for Uninsured St. Petersburg City Council City of St. Petersburg St. Petersburg City Hall Encampment St. Petersburg Nighttime Outdoor Sleeping Area St. Petersburg Free Clinic St. Petersburg Medical and Food Services St. Petersburg Outreach Team City of St. Petersburg St. Petersburg Intervention Services by a Police Officer and Social Worker Outreach Team St Vincent de Paul Conference - Soup Kitchen Clearwater Clearwater Meals St. Vincent de Paul - South Pinellas District St. Petersburg Emergency and Transitional Housing for Veterans, Women and Men with Supportive Services and Meals Suncoast Haven of Rest Rescue Mission Pinellas Park Meal at Safe Harbor and Pinellas Hope, dinner meals at the Mission, pantry and day center Phases 2 and 3 -- Marbut Report -- 11 Attachment number 1 Page 11 of 29 TBIN and HMIS 2-1-1 Tampa Bay Cares, Inc. Clearwater Tampa Bay Information Network and Homeless Management Information System TBIN Oversight Group Members Pinellas County The Haven of RCS Religious Community Services, Inc. (RCS) Clearwater Domestic Violence Safe Haven The Princess Martha St. Petersburg Active Adult Living The Salvation Army, Clearwater Citadel Corps Clearwater Transitional Housing for Men, Women and Families, Utility Assistance and Food Pantry The Salvation Army, St. Petersburg Area Command St. Petersburg Emergency Residential Services for Men, Women and Families and “One-Stop” Service Center Thrift Store - RCS Religious Community Services, Inc. (RCS) Clearwater Community Thrift Store Turning Point WestCare Inc. St. Petersburg Alcohol and Drug Detox Services Phases 2 and 3 -- Marbut Report -- 12 Attachment number 1 Page 12 of 29 Unity Park Encampment St. Petersburg Daytime Encampment Variety of Civic Leaders Pinellas County Vincent House (Clubhouse) Pinellas Park Mental Illness Recovery Services Williams Park Daytime Encampment St. Petersburg Daytime Encampment YWCA/USF Family Village and Child Development Center YWCA of Tampa Bay St. Petersburg Short-term and Transitional Housing for Families and Child Care Phases 2 and 3 -- Marbut Report -- 13 Attachment number 1 Page 13 of 29 Phase I - Initial Observations and Critical Success Issues Pinellas County is Service Rich but There is Very Little Formal Strategic and Systematic Integration of Homeless Services: -Pinellas County has more service providers than most communities, and these services are provided by very dedicated and thoughtful staff members and volunteers, but for the most part these services are not coordinated. There is a wide variety of homeless service providers scattered throughout the County; however, these service providers are not formally and strategically integrated, especially at the tactical level. -There are a significant number of “informal” and “one-off” relationships that help homeless individuals, but the level of help is inconsistent, unsystematic and is often delivered inefficiently. Real solutions will only be found at a county-wide “systems” level. -The overall homeless service system is disjointed and lacks an unified action plan. -The overall community needs to develop a “common end vision” with an internal bias for action. The Homeless System in Pinellas County Lacks “Connective Tissue”: -There are very few forms of formal agency-to-agency connectivity and, with the notable exception of TBIN, there is very little functional accountability between individual service providers and the overall system of care. -TBIN is serving a very positive role and provides at least one level of formal connectivity. -Service providers need formal, direct and strategic connectivity to the overall service system of care and formal connectivity to functionally related agencies. -It is critical that all agencies “buy into” a common culture of transformation. -All agencies need to be accountable to a unified command. -A common base level of operations must be developed (eg common nomenclature, policies, protocols, procedures, measurements, etc.). Phases 2 and 3 -- Marbut Report -- 14 Attachment number 1 Page 14 of 29 -Inter-agency relationships need to be strategically created then formalized. -In order to be successful, a central intake system must be created. -Need to create a Master Case Management system that develops and customizes a service recovery action plan for each homeless individual receiving services. Master Case Managers will need to hold both homeless individuals and service agencies accountable. -Need to create transportation loops between major homeless service providers. Lack of “Unity of Command” and Clear Leadership within the System: -After meeting with staff members and volunteers from over 50+ service providers, no two agencies have articulated a common view of the homeless service structure and its leadership within Pinellas County. -A system will never be fully functional if everyone within the system has a different view of the system and its leadership. There are many ships trying to do good things, but there is no one harbor master to provide a point of central command. -The most accurate diagram of the system was presented by the Staff Director of Pinellas County Leadership Network [See Attached Diagram]. When reviewing this diagram, there are arguably 11 or more organizations that have a part of the homeless leadership pie. -Basic good management and governance practices call for the streamlining of this system into a coherent and integrated chain of command. There needs to be a realignment of thinking. -The lack of clear and unified leadership within the homeless service community leads to: - a poor decision making process -delays in decision making -critical solutions die a death by committees -critical decisions often do not get made because they are not politically correct -bold initiatives become “water-downed” Phases 2 and 3 -- Marbut Report -- 15 Attachment number 1 Page 15 of 29 Every Service Provider Needs to Adopt a Culture of Transformation: -With a few notable exceptions, most of the service providers operate with outdated culture. -The leadership within the civic, local government, funder, advocate, service provider and homeless communities all need to embrace the transformational best practices that have worked throughout the USA. Look, Feel and Smell: -Environmental quality varies widely across service providers. There are some outstanding service providers in the community that are providing top notch services in high quality environments; however, over half of the places visited fall significantly below the national best practice standards of “look, feel and smell.” -All service providers in the system need to have a high quality of look, feel and smell: -All areas need to be organized neatly and uncluttered (look) -All areas need to be warm and nurturing (feel) -All areas need to smell like a nice home - not smell dirty and soiled nor smell like cleaning solutions (smell). -Safety, hygiene and communicable diseases are all negatively impacted by dirty, soiled and cluttered environments. -Having high standards in this area dignifies the folks we are helping while fostering higher standards for everyone. Individuals respond to their surroundings. Neat, clean and warm feeling environments will lead to more positive responses than dirty, soiled and cluttered environments. -High quality environments increase resources in four ways: -Increases volunteers -Increases funding -Increases staff member and volunteer productivity -Extends the useful life of the physical plant and infrastructure -Tight funding may explain some of this, but most of this can be explained by a culture of low standards. -Organizing, thorough cleaning, using bleach and painting the facilities would go a long way to improve conditions. Phases 2 and 3 -- Marbut Report -- 16 Attachment number 1 Page 16 of 29 -Every agency, regardless of where their funding comes from, should strive to meet national best practice standards. -It is recommended that a community wide effort be done as soon as possible to clean up, unclutter and then paint each service provider. -None of these comments should take away from the good hearted efforts of so many organizations, staff members and volunteers. In many cases service providers work tirelessly but feel like there is no help for their organization. Peer Support and Coaching: -Service providers need to move from being competitors to partners (eg “we are all part of the same team”). This problem is too big for one agency. Like great sport teams, we need to adopt a team winning attitude that the team is first while our individual agency is second. We all have roles to play. Collectively we can help more individuals and families if we work together rather than compete. -There are some outstanding service providers and leaders in Pinellas County who can provide peer support and coaching to other agencies. Create Master Case Managers: -Each homeless individual and family needs their own Master Case Manager who creates a customized recovery action plan. Master Case Managers then need to proactively monitor and manage each recovery action plan. -These Master Case Managers need to have the full authority to place and move individuals and families throughout the county system, and to adjust their recovery action plans as needed. -Because of the significant importance of Master Case Managers, their case loads need to be low (about 20-25 active individuals and/or families). -Master Case Managers need to be able to follow all individuals throughout the transformation process and between all agencies. -NOTE: We may want to name these Master Care Managers. Phases 2 and 3 -- Marbut Report -- 17 Attachment number 1 Page 17 of 29 The Lack of Housing and Services for Families with Children is at Crisis Level: -There is a critical lack of units and services for families with children. This is at crisis level. -Every family service provider visited are turning away 10-20 families per day. Because there is no central case management tracking system and there is no master wait list, it is impossible at this time to ascertain how many families are not getting help. -Dealing with families with children is so important since the children are innocent victims, and if not helped now, will create more expensive problems later. We need to stop the cycle. -Many, if not most, of the families who need services have a single parent whom has a job or recently lost a job, but due to domestic violence and/or finances have lost their housing. -The homeless sub-group of families with children has been the sub-group most hurt by the recession. -Entry and service requirements need to be standardized, streamlined and coordinated between agencies. -It is strongly recommended that we create a master list of families who are being denied services so as determine the unduplicated number of families in need. Lack of Services for Chronic Homeless Individuals: -Chronic homelessness as a percentage of the overall homeless population is running around 29% in Pinellas County which is significantly above the national average. Chronic homelessness is defined as someone who has been living on the street for the last 365 days or has been in 4 different shelters in the last 365 days. -Existing data is inconclusive as to why this percentage is so high in Pinellas County, but an educated guess based on the research to date is this number is high because there has been very little customized services for the chronic homelessness. -The Pinellas Safe Harbor is a perfect initiative to address this group. Phases 2 and 3 -- Marbut Report -- 18 Attachment number 1 Page 18 of 29 Pinellas County Lacks Affordable Housing Especially for the Working Poor: -Over the last 20 years or so, about 12,000 units of affordable housing have been lost within the County. Some of this has occurred because of urban conversion to higher-end housing and retail establishments; while some has been caused because of new hurricane and flood plain requirements. -This has hurt families with children the most. Street Feeding and Street Services Are Not Aligned with Other Services: -Street feeding and other street service efforts (eg clothing and blanket distribution), although well intentioned and good hearted, are very enabling and do not engage homeless individuals. Providing services and feeding in the parks, at street corners and under bridges only acts to exacerbate homelessness and actually increases the number of street homelessness. -Groups and individuals feeding homeless individuals need to move from enabling behaviors to engaging efforts by holistically aligning feeding efforts with other engaging services at formal programs sites. This is a critical issue for the faith based community to address. Medical Care Needs: -The Mobil Medical Unit system was set up in 1986 and is no longer adequate to serve the needs of the homeless. Since 1986, the number of homeless seeking medical care has grown exponentially, yet the Mobil Medical Unit has been functioning basically as it did 1986. -The Mobil Medical Unit is a very ineffective delivery system for the current needs. For example, in January 2011, the Mobil Medical Unit is operating at a 56.9% basis (based on a 40 hour work week). Furthermore, since services are limited to on-site patients almost ½ of the time means the Mobil Medical Unit is only available to an average homeless person 13 to 15 hours a week. This in turns puts an unnecessary strain on the emergency rooms. Phases 2 and 3 -- Marbut Report -- 19 Attachment number 1 Page 19 of 29 -More patients can be seen if the Mobil Medical Unit was open 8 hours a day and patients were brought to the Medical Unit. -There is a significant and urgent need for dental, vision and podiatry services. Pinellas Hope: -Pinellas Hope is a critical service provider within the overall County-wide system. -Pinellas Hope provides critical services to a significant number of individuals (in terms of number of individuals, Pinellas Hope is the 2 highest residential homeless servicend provider in the County). -The physical plant at Pinellas Hope needs to be upgraded to meet national best practice standards (eg more permanent structures, better drainage, more SROs, etc.). Furthermore, the feasibility of increasing the capacity of Pinellas Hope should be studied. Pinellas Safe Harbor: -The opening of Pinellas Safe Harbor on January 6, 2011 was a critical first step toward helping the chronic homelessness. This will help many homeless individuals while providing major system savings through jail and emergency room diversions. -This will align the “service magnets” (eg food, bathrooms, showers, shelter and safety) at one site for the chronic homeless. -Pinellas Safe Harbor will do the right thing for those in need by holistically helping individuals; additionally, it will do the right thing financially for the overall community. -Because of the overlap between populations, the feasibility of moving Turning Point to Pinellas Safe Harbor should be studied. -Medical, dental, vision and podiatry services are critically needed. -Hopefully the faith-based and civic communities will be able to help provide meals. -It is important to understand that the chronic homeless segment is about 1/4 of the overall homeless count within the County. Furthermore, it is important to remember that Pinellas Safe Harbor is not appropriate for families with children. Phases 2 and 3 -- Marbut Report -- 20 Attachment number 1 Page 20 of 29 Possible closure of CHIP (Clearwater Homeless Intervention Project): -CHIP is one of largest residential service providers in the County and second largest in Clearwater. -According to the CHIP staff, this agency is likely to close in the 3Q/2011 due to lack of funding. If CHIP does close, it will create a major problem in the Clearwater area which will likely affect the overall County. TBIN (Tampa Bay Information Network): -TBIN is one of the best HMIS (Homeless Management Information System) systems in the USA. -TBIN is providing critical connectivity between service providers and the overall system, and will become the cornerstone building block to build a truly integrated system. -The implementation of the new scanner card system needs to be expedited, and biometric capabilities need to be incorporated. -To deal with future needs, TBIN will have to become more robust (eg more sophisticated with increased capacity). Furthermore, TBIN needs to move from a passive recording system to a proactive case management tracking system. Ordinances: -Ordinances vary widely throughout the county. These need to become standardized and uniformed throughout the County. Palm Trees and Golf Courses: -Where there are palm trees and golf courses, there will always be homeless individuals because of the moderate climate. -Homelessness does not increase with improved and expanded services. Homelessness actually decreases when holistic and comprehensive services are put in place. Homeless individuals come for the weather not for the services. Phases 2 and 3 -- Marbut Report -- 21 Attachment number 1 Page 21 of 29 Branding: -As part of the governance restructuring process (eg unity of command and leadership), the overall system needs to be “re-branded.” -Re-branding the overall system will act to provide connective tissue to the overall system by internally integrating service partners under one umbrella. -Re-branding also will help increase the resources (eg value-in-kind donations, funding and volunteers) to many of the service providers and to the overall system. -By establishing, measuring and monitoring quality standards across the system, the newly branded system will act like a UL seal of approval for service providers who meet the standards of the new system. Other Issues: -There is a need for animal care services for homeless individuals who have pets. Not having animal care services acts as a barrier of entry to needed services. -The overall system needs to embrace a bias for action, rather than forming committees to study issues. -Some family shelters do not allow teen boys and fathers (due to security concerns of mixing genders) to stay with their families which is very bad for the families and the boys/fathers. Every effort possible must be made to keep the family intact. Phases 2 and 3 -- Marbut Report -- 22 Attachment number 1 Page 22 of 29 Critical Success Issue Areas 1- Need to Create Connective Tissue: -Adopt a culture of Transformation system-wide -Formalize and re-brand a new system -Improve and streamline “governance” (eg one coordinating organization) -Develop common culture, nomenclature, systems, policies, procedures, etc. -Increase the sophistication and capacity of TBIN -Create a centralized intake process -Create a master case management system -Create transportation loops between synergistic agencies 2- Need to Increase Housing and Supportive Services for Families with Children: -There is a critical lack of services for families with children (at a crisis level now) -Expand housing and supportive services for families with children -Need to ascertain the projected level of future need 3- Need to Enhance the Operations of Safe Harbor and Pinellas Hope: -Provide case management, mental health and medical services at Safe Harbor -Set-up a sobering and medical detox unit adjacent to Safe Harbor -Improve physical plant and enhance case management at Pinellas Hope -Increase capacity of both operations -Move street feeders and street services to Safe Harbor and Pinellas Hope 4- Need to Improve the Performance of Individual Agencies (before other expansion occurs): -Adopt a culture of true Transformation -Look, Feel and Smell need to be at best practice levels -Improve internal efficiencies -Better integrate each agency within the overall system -Use peer support and coaching -After improvements are put in place, determine the “new” level of need -Increase funding for underutilized successful agencies -Develop/improve “warm hand-offs” between upstream/downstream organizations -Align street feeding and service groups at major service nodes (like Safe Harbor) Phases 2 and 3 -- Marbut Report -- 23 Attachment number 1 Page 23 of 29 Phase II and III - Needs Assessment and Gap Analysis by Issue Area Critical Success Issue Area 1- Need to Create Connective Tissue: -The major gap in this issue area is not having a unified system managed by a single organization (eg one mission/vision, one agency, one Board, one Chair and one CEO). Once there is one organization running the overall system, the system should be re-branded. The leadership can then focus on the gaps in culture and systems throughout the service providers (eg mission of transformation, standards, nomenclature, systems, outcome measurements, polices, procedures, integrated referral system, strategic and integrated budgeting, etc.). -TBIN is a very good system, but TBIN needs the resources to enhance its sophistication in order to be a useful proactive tool for the master case management system. TBIN also needs the proper resources for training and data quality assurance. -Pinellas County lacks a true master case management system. Somewhere between 35-45 new master case managers are needed county-wide. All case managers need to be fully integrated into one management structure that reports to the overall CEO (not to individual service agencies). -Pinellas County lacks a centralized intake system. This can be solved by aligning the intake system with the master case management structure. -Transportation between critical service providers is very poor or non-existent. Two transportation loops are needed to connect targeted service providers. The first transportation loop should be for chronic men and women. The second transposition loop should be for non-chronic families and individuals. These should run at least Monday-Friday 7:30am to 6:00pm and Saturday mornings. The key is frequency not capacity. Critical Success Issue Area 2- Need to Increase Housing and Supportive Services for Families with Children: -There is a critical lack of services for families with children across the continuum of care within Pinellas County. THIS IS AT A CRISIS LEVEL, especially on the emergency side of the continuum. Based on a study of families with children being denied entry into shelters, if we project a 10% system-wide improvement in graduation rates with a 80% entry rate, then 110 emergency family units are needed as soon as possible county-wide. The good news is, based on the family Phases 2 and 3 -- Marbut Report -- 24 Attachment number 1 Page 24 of 29 sizes in the survey, 79% of these family units can be one bedroom units with 2 twin beds (or cribs). Based on the survey, 24% of these units will need to allow a male parent. -Additionally, beyond the issue of pure capacity, there are two major policy issues that need to be worked on: 1-How do we help children who have parents with criminal backgrounds? 2-How do we help families with teen boys and dads? -Beyond the need for emergency placement units, there is a need for longer term housing with supportive services for families with children. A “housing first” voucher program with true supportive services would be an ideal solution. Because of the poor data integrity relating to families not being served, it is very hard to ascertain a true level of need at this point. As the TBIN system becomes more robust and proactive, this information may become known. Critical Success Issue Area 3- Need to Enhance the Operations of Safe Harbor and Pinellas Hope: Pinellas Safe Harbor: -True master case management needs to be put into place at the Safe Harbor. Safe Harbor has been awarded a Federal Department of Justice (DOJ) grant to do case management which should go a long way in addressing this issue. -Enhance medical services to Safe Harbor residents. NOTE: There are very positive ongoing discussions occurring that may lead to addressing this issue before the final phase of this report is complete. -A true sobering and detox operation needs be adjacent to and integrated with Safe Harbor. This would improve the service level to Safe Harbor residents while improving the overall operation of Safe Harbor. Based on the reviewing data from the first 8 weeks of operation at Safe Harbor, 40-70 sobering and detox mats/beds are needed. Placing a sobering and detox unit next to Safe Harbor would act to increase “functional” mat use by 20-35 mats. -Street feeders need to relocate their program activities to Safe Harbor in order to stop the enabling behaviors on the street and to help Safe Harbor operations. Phases 2 and 3 -- Marbut Report -- 25 Attachment number 1 Page 25 of 29 -The capacity at Safe Harbor needs to be increased by at least 200 mats, for an overall capacity of around 550. As transfer and graduation rates improve, the capacity of Safe Harbor should again be analyzed to determine if further expansion is needed. -Civic, business, faith based, government and medical hospital organizations all need to be engaged in supporting Safe Harbor in order to assure Safe Harbor’s long term sustainability. Pinellas Hope: -Pinellas Hope must be an attractive “next-step” referral partner from Safe Harbor (eg for the system to be successful, Pinellas Hope must receive a steady flow of referrals from Safe Harbor). To do this, Pinellas Hope needs to be a clear “step above” Safe Harbor. However, many potential residents currently consider Pinellas Hope to be a step below Safe Harbor. To fix this, the level of service and infrastructure at Pinellas Hope must be upgraded at least as follows: -Install a drainage system that draws the water away from sleeping areas -Place all tents on platforms -Build at least one more “permanent” multi-purpose building -Add 40 SRO housing units -Look at adding more tents and casitas -Add 2-5 master case managers Critical Success Issue Area 4- Need to Improve the Performance of Individual Agencies (before other expansion occurs): -It is unlikely that Pinellas County can build its way out of the challenges facing the community. There is a need of increased capacities in selected areas, but just as important, there is a need for across the board aggregated agency level improvements in the areas of outcomes, graduation rates and rates of successful referrals. Phases 2 and 3 -- Marbut Report -- 26 Attachment number 1 Page 26 of 29 -Additionally, most homeless service agencies in Pinellas County need to improve their cultures within their agencies. Cultures that reflect territorial silos, warehousing and the status quo need to move to a culture of transformation and system integration. -Most, agency operations would benefit from an improvement in their “look, feel and smell” standards (see “Look, Feel and Smell” section above). Most importantly, improved look, feel and smell would better serve agency residents and customers. -The Mobil Medical van needs to significantly increase their ratio of open-for- service to closed-to-service hours. Ideally, this should be a 40:0 ratio each week in terms of hours of operation. -All street feeding programs need to move to Pinellas Safe Harbor, Pinellas Hope or another integrated multi-service provider. Phases 2 and 3 -- Marbut Report -- 27 Attachment number 1 Page 27 of 29 Important Milestones to Date Pinellas Safe Harbor: Have actively worked as a Subject Matter Expert (SME) with the Pinellas County Sheriff’s Office staff and other organizations in developing the concept design, layout, systems flow, operating procedures, protocols and start-up of Pinellas Safe Harbor. In addition to support in Florida, facilitated a Haven for Hope site tour and training in San Antonio. Pinellas Safe Harbor is a major first step in helping chronic homeless individuals in Pinellas County. Law Enforcement Access to TBIN: Worked with the TBIN Oversight Group to facilitate a change in TBIN policy to allow law enforcement officers access to TBIN client information on an as needed basis. It is critical that all service providers (including law enforcement offices) have open and complete access to as much information as possible. We need to all be on the same team. “Street Feeding”: With the help of the media and one-on-one meetings we have started to redirect some of the street feeding efforts. March 27, 2011 (1:02pm) C:\Users\Robert G Marbut Jr\Documents\RGMDocsPix\Consulting\StPete\Reports\StPetePhase2and3Report.wpd Phases 2 and 3 -- Marbut Report -- 28 Attachment number 1 Page 28 of 29 Phase I Marbut Report -- 29 Attachment number 1 Page 29 of 29 Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Provide direction regarding allowing contractors who provide landscape services to senior citizens to leave debris disposal for the city to collect. (WSO) SUMMARY: On October 21, 2010 and November 16, 2010, a Clearwater Beach resident requested City Council to repeal or not enforce Code of Ordinances Section 32.274(8), Article 7 – Solid Waste Management, as it pertains to landscapers servicing homes and leaving the debris for the Solid Waste Department to pick up. After discussion, it was determined that this request was not in the best interest of the City and Council therefore did not grant the citizen’s. Staff is requesting direction regarding allowing contractors who provide landscape services to senior citizens to leave debris disposal for the solid waste department. Allowing this exemption will require an ordinance revision. Review Approval: 1) Office of Management and Budget 2) Legal 3) Solid Waste/General Support Services 4) Office of Management and Budget 5) Legal 6) Clerk 7) Assistant City Manager 8) City Manager 9) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: National Safe Boating Week Proclamation SUMMARY: Review Approval: Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Administer Oath of Office to Fire Chief Weiss SUMMARY: Review Approval: Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: St. Petersburg College Learn to Earn Program - Stan Vittetoe - Provost, SPC Clearwater Campus SUMMARY: Review Approval: Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Step Up Florida SUMMARY: Review Approval: Cover Memo Work Session Council Chambers - City Hall Meeting Date:5/16/2011 SUBJECT / RECOMMENDATION: Youth Sportsmanship Award Winners SUMMARY: Review Approval: Cover Memo