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07/19/2012 City Council Agenda Location: Council Chambers - City Hall Date: 7/19/2012- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1Service Awards Attachments 4.2Neighborhood Awards Presentation Attachments 4.3Florida Water Professionals Week Proclamation - Dave Porter-Wastewater Environmental Technologies Manager Attachments 4.4Operation Graduate - Chief Holloway Attachments 5. Approval of Minutes 5.1Approve the minutes of the June 20, 2012 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1Approve the City of Clearwaters Fiscal Year 2012-2013 Consolidated Annual Action Plan, to carry forward the goals and objectives set forth in the Fiscal Year 2011-2016 Five-Year Consolidated Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the Fiscal Year 2012-2013 Consolidated Annual Action Plan and authorize the appropriate officials to execute same. Attachments 7.2Approve request from Cay 1475, LLC to vacate the 20-foot Drainage and Utility Easement located southwest of the corner of Sunset Point Road and North Highland Avenue subject to certain conditions; and pass Ordinance 8350-12 on first reading (VAC2012-03). Attachments 7.3Approve the Annexation, Initial Land Use Plan Designation of Industrial General (IG) and Industrial Limited (IL) and Initial Zoning Atlas Designation of Industrial, Research and Technology (IRT) District for 1907 Calumet Street (consisting of a portion of the Northwest 1/4 of Section 12 and the Southwest 1/4 of Section 1, Township 29 South, Range 15 East); and pass Ordinances 8335-12, 8336-12 and 8337-12 on first reading. (ANX2012-05003) Attachments 7.4Approve a Development Agreement between Louis Developments LLC (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design; authorize the appropriate officials to execute same and adopt Resolution 12-07. (DVA2012- 03001) Attachments 8. Second Readings - Public Hearing 8.1Adopt Ordinance 8313-12 on second reading, amending the Community Development Code to clarify exceptions for granting increased density; renaming Section 3-920 Affordable Housing Incentives; adding an affordable housing density bonus and parking incentives and associated qualifying criteria; adding definitions for affordable housing unit, dwelling, affordable housing bonus density, and dwelling reserved affordable housing. Attachments 8.2Adopt Ordinance 8331-12 on second reading, amending the Community Development Code to provide for outdoor cafes within certain areas of Beachwalk; authorizing alcoholic beverages in outdoor cafes under certain circumstances. Attachments 8.3Adopt Ordinance 8333-12 on second reading, amending and restating the provisions of Chapter 2, Article V., Division 3., of the City of Clearwater Code of Ordinances, adopting a revised Employees Pension Plan; calling for a referendum election relating to the pension plan and providing a referendum question to appear on the ballot for said referendum. Attachments 8.4Adopt Ordinance 8339-12 on second reading, rescinding Ordinance 7650-06 which vacated, with conditions, the five-foot utility easement lying along the south property line of Lot 1 and the west 22.71 feet of Lot 2, Sunnydale Subdivision, and vacated the ten-foot alley lying adjacent to the north property lines of Lots 2,6,7, and the west fifteen feet of Lot 8, Sunset Point Replat because conditions were not met. Attachments 8.5Adopt Ordinance 8340-12 on second reading, amending Chapter 22, Parks, Beaches, Recreation by modifying park hours for various parks or portions thereof; limiting bathing to recreation facilities specifically set aside for such purpose; eliminating references to bathhouses; prohibiting camping on any public beach or park except by special event permit; allowing the training and use of service animals on public beaches and park property; replacing a reference to Clearwater Executive Golf Course with the Landings Golf Club and replacing all references to City Commission with City Council; and eliminating references to reserved sections of the Code of Ordinances. Attachments 8.6Adopt Ordinance 8341-12 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2012 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Special Development Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Parking Fund, Administrative Services Fund, General Services Fund, and Central Insurance Fund. Attachments 8.7Adopt Ordinance 8342-12 on second reading, amending the capital Improvement Budget for the Fiscal year ending September 30, 2012, to reflect a net increase of $2,709,176. Attachments 8.8Adopt Ordinance 8344-12 on second reading, adding violations of Chapter 22 to those violations that are punishable by a fine of up to $500.00, a term of imprisonment not exceeding 60 days, or by both a fine and imprisonment, as may be imposed by the County Court. Attachments City Manager Reports 9. Consent Agenda 9.1Declare seventeen (17) Medtronic Lifepak 12 Cardiac Monitors/Defibrillators surplus to the needs of the City, authorize donation to the Pinellas County Emergency Medical Services (EMS) Authority, and authorize the appropriate officials to execute same. (consent) Attachments 9.2Authorize the increase of Blanket Purchase Order BR507677P to Office Depot, awarded by the City Manager, from $100,000 to $220,000, for the period November 1, 2011 through October 31, 2012, in accordance with Sec. 2.564 (1)(d) Code of Ordinances - Other Governmental Bid, and authorize the appropriate officials to execute same. (consent) Attachments 9.3Approve funding not to exceed $822,490 to properly close a landfill site known as the Phillip Jones Park; renovate the site to be used for youth sports, primarily as a football stadium from unrestricted Solid Waste funds and establish a new Capital Improvement Project entitled Phillip Jones Park Renovations (CIP 315- 93631). (consent) Attachments 9.4Approve acceptance of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant in the amount of $60,658; additional .75 Full Time Equivalent Position (FTE), and authorize the appropriate officials to execute same. (consent) Attachments 9.5Approve a no-cost Licensing Agreement between the Vera Institute of Justice (Vera), 233 Broadway, New York, New York 10279, and the City of Clearwater (City) to permit usage of City photographs in the development of a Vera publication regarding its Engaging Police in Immigrant Communities project, and authorize the appropriate officials to execute same. (consent) Attachments 9.6Approve a Joint Use Agreement, which replaces the existing Licensing Agreement between the Tampa Division of the Federal Bureau of Investigation (FBI) and the City of Clearwater (City), concerning the use of the Clearwater Police Department District III Training Facility (Premises), located at 2851 North McMullen Booth Road, Clearwater, Florida, and authorize the appropriate officials to execute same. (consent) Attachments 9.7Approve renewal of the Interlocal Agreement between the City of Clearwater and Pinellas County to allow the County to purchase bulk reclaimed water from the City and authorize the appropriate officials to execute same. (consent) Attachments 9.8Ratify and Confirm Change Order 2 for the Marshall Street Water Reclamation Facility (WRF) Rapid Sand Filter Rehabilitation project (09-0045-UT) to add a 113-day time extension to the contract for additional unforeseen work. (consent) Attachments 9.9Award a contract to Wharton-Smith, Inc. of Sanford, Florida, to rehabilitate clarifiers 1-4 at the Marshall Street Water Reclamation Facility (WRF) in the amount of $1,789,887.00, which is the lowest responsible bid received in accordance with plans and specifications; approve a work order to Engineer of Record, King Engineering Associates, Inc. in the amount of $175,994.00 to provide Engineering Services during construction and field observation for a total funding of $ 1,965,881.00; and authorize the appropriate officials to execute same. (consent) Attachments 9.10Award a contract to TLC Diversified of Palmetto, FL, in the amount of $2,378,307.80, for the Marshall Street Salsnes Filter Project (06-0022-UT), which is the lowest responsive bid received in accordance with plans and specifications; approve a work order to Engineer of Record, McKim and Creed, Inc. in the amount of $164,675.00 to provide Construction, Engineering and Inspection (CEI) services and authorize the appropriate officials to execute same. (consent) Attachments 9.11Award a contract to SL Williams Consulting Corp of Wellington, Florida, in the amount of $1,542,238.53 for construction of the Reverse Osmosis Plant 1- Concentrate and Backwash Pipeline, Project 09-0018- UT, which is the lowest responsible bid received in accordance with the plans and specifications for this project; and authorize the appropriate officials to execute same. (consent) Attachments 9.12Approve Engineer of Record (EOR) contracts with the twenty-seven firms listed for a period of three years commencing August 10, 2012 and authorize the appropriate officials to execute same. (consent) Attachments 9.13Ratify and Confirm City Manager Approval of a lease between the City of Clearwater and Clearwater Marine Aquarium for the lease of a portion of the lower level of the Harborview Center as storage space in conjunction with the third floor occupancy; approve First Amendment to the Lease between City of Clearwater and Clearwater Marine Aquarium, dated September 12, 2011, to provide evidence of workers compensation and automobile liability insurance and authorize the appropriate officials to execute same. (consent) Attachments 9.14Reappoint Denise L. Rosenberger to the Airpark Advisory Board with term to expire April 30, 2016. (consent) Attachments 9.15Reappoint Joseph DeCicco as the Agency or Government representative and Arthonia Godwin as the Business owner or representative of the Brownfields Advisory Board with terms to expire May 31, 2016. (consent) Attachments 10. Other Items on City Manager Reports 10.1Adopt a tentative millage rate of 5.1550 mills for fiscal year 2012/13 and set public hearing dates on the budget for September 4, 2012 and September 20, 2012, to be held no earlier than 6:00 p.m. Attachments 10.2Provide direction regarding the report of the Marine Advisory Board relating to City support of a proposed amendment to the Gulf of Mexico Fisheries Management Councils Reef Fish Management Plan allowing for sector separation as requested of the City by the Clearwater Marine Association, a group formed by and representing chartered/for hire fishing fleet. Attachments 10.3Approve the Mutual Aid Agreement with the City of Tampa for the Republican National Convention (RNC), which will be effective during the week commencing on August 26, 2012 and authorize the appropriate officials to execute same. Attachments 10.4Move Section 28.041, Clearwater Code of Ordinances, to Chapter 21 of the Code to make solicitations on publicly owned streets, parking garages, and parking lots punishable by imprisonment, fine, or both and pass Ordinance 8345-12 on first reading. Attachments 10.5Create Section 21.20, Clearwater Code of Ordinances, prohibiting sitting or lying down on certain public areas in the Downtown area, Gateway Corridor and Clearwater Beach Tourist District and pass Ordinance 8347-12 on first reading. Attachments 10.6Create Section 21.21, Clearwater Code of Ordinances, relating to lodging out-of-doors and pass Ordinance 8348-12 on first reading. Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1RNC Banners Attachments 12. Closing Comments by Mayor 13. Adjourn Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Christopher Miller Police Ricky Stasiowski Fire Michael Gitchell Gas Roseanne Mannion Police 10 Years of Service General Services David Clark Solid Waste/ Karen Sowada Parks & Recreation William Harding Police David Bruneau Police Elizabeth Westerfield Gas Leah Turpack Police 15 Years of Service Duanne Anderson Fire General Services John Memmer Solid Waste/ Solid Waste/ John Chatman General Services Christian Zarra Police David Derrick Police Richard Kelly Police 20 Years of Service Carlos Lang Police Creighton Harvey Gas 30 Years of Service Solid Waste George Puopolo /General Services Mark Teunis Police Thomas Miller Police Richard Bennett Engineering Review Approval: Cover Memo Item # 1 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Neighborhood Awards Presentation SUMMARY: Review Approval: Cover Memo Item # 2 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Florida Water Professionals Week Proclamation - Dave Porter-Wastewater Environmental Technologies Manager SUMMARY: Review Approval: Cover Memo Item # 3 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Operation Graduate - Chief Holloway SUMMARY: Review Approval: Cover Memo Item # 4 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the June 20, 2012 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 5 Attachment number 1 \nPage 1 of 17 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER June 20, 2012 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jonson, and Councilmember Jonson, and Councilmember Jay E. Polglaze. Also Present: William B. Horne II -City Manager, Jill S. Silverboard - Assistant City Assistant City Assistant City City Manager, Jill S. Silverboard City Manager, Jill S. Silverboard - Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Assistant City Manager, Pamela K. Akin Assistant City Manager, Pamela K. Akin City City - - Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official Official Official City Clerk, and Nicole SpragueCity Clerk, and Nicole Sprague - - Records and Legislative Services. Records and Legislative Services. To provide continuity for research, items are in agenda order although not To provide continuity for research, items are in agenda order although not To provide continuity for research, items are in agenda order although not necessarily discussed in that order. necessarily discussed in that order. Unapproved 1. Call to Order -Mayor George N Cretekos Mayor George N CretekosMayor George N Cretekos - Call to Order The meeting was called to order at 6:00 p.m. at City Hall. The meeting was called to order at 6:00 p.m. at City Hall.The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation–Rabbi David Weizman from Congregation Beth Shalom Rabbi David Weizman from Congregation Beth ShalomRabbi David Weizman from Congregation Beth Shalom Invocation – Invocation 3. Pledge of Allegiance–Councilmember Jay Polglaze Pledge of AllegiancePledge of AllegianceCouncilmember Jay PolglazeCouncilmember Jay Polglaze 3. 3. – 4. Presentations–Given. Given.Given. 4. 4. PresentationsPresentations –– 4.1 USTA presentation - Judy Foster, Local USTA Representative 4.1 USTA presentation USTA presentation Judy Foster, Local USTA RepresentativeJudy Foster, Local USTA Representative -- Judy Foster presented the City with a $2,000 check for 10 and un Judy Foster presented the City with a $2,000 check for 10 and unJudy Foster presented the City with a $2,000 check for 10 and un equipment at the McMullen Tennis Complex. equipment at the McMullen Tennis Complex. equipment at the McMullen Tennis Complex. 4.2 Be the Match - Marc Silver, Account Executive Be the Match Marc SilverMarc Silver 4.2 4.2 , Account Executive - Be the Match Marc Silver encouraged all to become a registered bone marrow do Marc Silver encouraged all to become a registered bone marrow doMarc Silver encouraged all to become a registered bone marrow do visit www.bethematch.org for more information. www.bethematch.orgwww.bethematch.org 4.3 Clearwater Relay for Life Presentation - Bill Sturtevant, Clearwater Downtown Clearwater Relay for Life Presentation Clearwater Relay for Life Presentation Partnership Chair and Relay for Life Chair; Wendy Johnson, Executive Dir of the Pinellas County Unit of the American Cancer Society Council 6/20/20121 Item # 5 Attachment number 1 \nPage 2 of 17 Wendy Johnson and Bill Sturtevant thanked the City for its conti leadership and presented the City with a plaque. 5. Approval of Minutes 5.1 Approve the minutes of the June 7, 2012 City Council Meeting as submitted in Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the June 7, 2012 City pprove the minutes of the June 7, 2012 City pprove the minutes of the June 7, 2012 City Council Meeting as submitted in written summation by the City Cl Council Meeting as submitted in written summation by the City ClCouncil Meeting as submitted in written summation by the City Cl duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Citizens to be Heard re Items Not on the Agenda Clark Weaver expressed concern regarding the closed restrooms in Crest Lake P expressed concern regarding the closed restrooms in Crest Lake Pexpressed concern regarding the closed restrooms in Crest Lake P and suggested a fee for portable toilets be included in the Special Events permit portable toilets be included in the Special Events permit portable toilets be included in the Special Events permit process. Jack Mortimer said that the Downtown Neighborhood Association has been said that the Downtown Neighborhood Association has been said that the Downtown Neighborhood Association has been formed, www.downtownneighborhood.net, and he is pleased to see the interest of the , and he is pleased to see the interest of the , and he is pleased to see the interest of the www.downtownneighborhood.net downtown residents. downtown residents. Joe Paige expressed his opposition to the Ruth Eckerd Hall agreement regar expressed his opposition to the Ruth Eckerd Hall agreement regarexpressed his opposition to the Ruth Eckerd Hall agreement regar Capitol Theater. Capitol Theater. Steven Diaz requested council consideration to allow non-employed veterans to sell Steven Diazrequested council consideration to allow noncouncil consideration to allow non Steven Diazemployed veterans to sell employed veterans to sell requested - non-alcoholic beverages on Clearwater Beach. alcoholic beverages on Clearwater Beach.alcoholic beverages on Clearwater Beach. nonnon -- Public Hearings - Not before 6:00 PM Public Hearings Public Hearings Not before 6:00 PMNot before 6:00 PM -- 7. Administrative Public Hearings 7. Administrative Public HearingsAdministrative Public Hearings 7.1 Approve amendments to the Community Development Code providing d 7.1 7.1 Approve amendments to the Community Development Code providing dApprove amendments to the Community Development Code providing d and parking incentives for affordable housing developments, and pass and parking incentives for affordable housing developments, and pass centives for affordable housing developments, and pass Ordinance 8313-12 on first reading. (TA2012-01001) Ordinance 8313Ordinance 831312 on first reading. (TA201212 on first reading. (TA2012 - The City's Evaluation and Appraisal Report, which was released i The City's Evaluation and Appraisal Report, which was released iThe City's Evaluation and Appraisal Report, which was released i indicated a need to create specific policies in the Clearwater C indicated a need to create specific policies in the Clearwater Cindicated a need to create specific policies in the Clearwater C to incentivize affordable housing, specifically calling for dens to incentivize affordable housing, specifically calling for densto incentivize affordable housing, specifically calling for dens parking reductions. In December 2008, the Clearwater City Counci parking reductions. In December 2008, the Clearwater City Counciparking reductions. In December 2008, the Clearwater City Counci amendments to the Clearwater Comprehensive Plan that included an amendments to the Clearwater Comprehensive Plan that included anamendments to the Clearwater Comprehensive Plan that included an and policies relating to affordable housing incentives. This proposed am to the Community Development Code implements that objective and Council 6/20/20122 Item # 5 Attachment number 1 \nPage 3 of 17 Proposed Ordinance 8313-12 includes the following amendments: Clarifies that the densities contained in the Clearwater Compreh Clarifies that the densities contained in the Clearwater Compreh be exceeded under the new affordable housing density provisions. be exceeded under the new affordable housing density provisions. Sets forth the review and approval process for granting the affo Sets forth the review and approval process for granting the affoSets forth the review and approval process for granting the affo density bonus. Establishes a density bonus and sets forth how it is calculated, differentiati density bonus and sets forth how it is calculated, differentiatidensity bonus and sets forth how it is calculated, differentiati between mixed-income affordable housing developments and other affordable income affordable housing developments and other affordable income affordable housing developments and other affordable housing developments. Sets forth standards that apply to all affordable housing develo Sets forth standards that apply to all affordable housing develoSets forth standards that apply to all affordable housing develo granted the density bonus, including compatibility criteria, des granted the density bonus, including compatibility criteria, desgranted the density bonus, including compatibility criteria, des green building criteria. Sets forth criteria for a required covenant to maintain affordab Sets forth criteria for a required covenant to maintain affordabSets forth criteria for a required covenant to maintain affordab both owner-occupied units and rental units. occupied units and rental units. occupied units and rental units. Sets forth the standards for approval for the affordable housing Sets forth the standards for approval for the affordable housingSets forth the standards for approval for the affordable housing which allows a reduction in required parking spaces provided the which allows a reduction in required parking spaces provided thewhich allows a reduction in required parking spaces provided the Clarifies that affordable housing developments receiving the den Clarifies that affordable housing developments receiving the denClarifies that affordable housing developments receiving the den reviewed as a Level Two application. revireviewed as a Level Two application. ewed as a Level Two application. Sets forth definitions for: affordable housing unit; dwelling, a Sets forth definitions for: affordable housing unit; dwelling, aSets forth definitions for: affordable housing unit; dwelling, a bonus density; and dwelling, reserved affordable housing. bonus density; and dwelling, reserved affordable housing. bonus density; and dwelling, reserved affordable housing. The Community Development Board (CDB) reviewed the proposed amen The Community Development Board (CDB) reviewed the proposed amenThe Community Development Board (CDB) reviewed the proposed amen its meeting on April 17, 2012 and unanimously recommended the amendmen its meeting on April 17, 2012 and unanimously recommended the amendmeneting on April 17, 2012 and unanimously recommended the amendmen approval. approval. At the City Council meeting on May 3, 2012, this item was tabled At the City Council meeting on May 3, 2012, this item was tabledAt the City Council meeting on May 3, 2012, this item was tabled revision. The desired language describing how to measure the dis revision. The desired language describing how to measure the disrevision. The desired language describing how to measure the dis transit stop has been incorporated in the proposed ordinance. transit stop has been incorporated in the proposed ordinance.transit stop has been incorporated in the proposed ordinance. In response to questions, Economic Development and Housing Direc In response to questions, Economic Development and Housing DirecIn response to questions, Economic Development and Housing Direc Lopez said the proposed ordinance does not include an AMI (Area Median Income) Lopez said the proposed ordinance does not include an AMI Lopez said the proposed ordinance does not include an AMI floor. The proposed ordinance encourages new rental housing within city limits and floor. The proposed ordinance encourages new rental hfloor. The proposed ordinance encourages new rental h encourages a portion of that to be affordable to the workforce, which is defined as 120% encourages a portion of that AMI and below. Staff does not recommend establishing an AMI flo negative impact it would have on seniors, students, and city emp Council 6/20/20123 Item # 5 Attachment number 1 \nPage 4 of 17 these developments. Ms. Campos Lopez said the beginning salary for a city Finance Clerk is approximately $21,000. A large portion of the city wor $30,000 annual salary level; an AMI floor would not allow those individuals from residing in these developments. Ms. Campos Lopez said the intent is to i- income affordable housing developments that contain a maximum 25 income affordable housing developments that contain a maximum 25 housing units, with the remainder being market-rate housing units. A concern was expressed that the proposed ordinance is geared to a low-income geared to geared to a lowa lowincomeincome - housing plan with density and parking incentives. The proposed ordinance includes a The proposed ordinance includes a The proposed ordinance includes a salary cap but not a minimum salary requirement. Councilmember Jay Polglaze moved to approve amendments to the Community amendments to the Community amendments to the Community pprove Development Code providing density and parking incentives for af Development Code providing density and parking incentives for afDevelopment Code providing density and parking incentives for af developments. The motion was duly seconded. Mayor George N. Cretekos and . The motion was duly seconded. Mayor George N. Cretekos and . The motion was duly seconded. Mayor George N. Cretekos and Councilmembers Doreen Hock-DiPolito, Bill Jonson and Jay Polglaze voted Aye; Vice Aye; Vice DiPolito, Bill Jonson and Jay Polglaze voted , Bill Jonson and Jay Polglaze voted Aye; Vice Mayor Paul Gibson voted Nay. Mayor Paul Gibson voted Nay. Motion carried. Ordinance 8313-12 was presented and read by title only. Councilmember Bill Jon 12 was presented and read by title only. Councilmember Bill Jon12 was presented and read by title only. Councilmember Bill Jon moved to pass Ordinance 8313-12 on first reading. The motion was duly seconded. moved to pass Ordinance 831312 on first reading. The motion was duly seconded12 on first reading. The motion was duly seconded - In response to a question, Planner Catherine Lee said the requir for the In response to a question, Planner Catherine Lee said the requirIn response to a question, Planner Catherine Lee said the requir owner-occupied units is 20 years and 30 years for the rental units. occupied units is 20 years and 30 years for the rental units.occupied units is 20 years and 30 years for the rental units. owner - Upon roll call, the vote was: UUpon roll call, the vote was:pon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, "Ayes""Ayes"Mayor George N. Cretekos, Councilmember Doreen HockMayor George N. Cretekos, Councilmember Doreen Hock : Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Councilmember Bill Jonson, andCouncilmember Bill Jonson, andCouncilmember Jay E. Polglaze. "Nays": Vice Mayor Paul Gibson. "Nays"Vice Mayor Paul Gibson.Vice Mayor Paul Gibson. : "Nays" Motion carried. Motion carried. 7.2 Approve amendments to the Community Development Code revising Se- Approve amendments to the Community Development Code revising SeApprove amendments to the Community Development Code revising Se 7.2 7.2 909, Outdoor cafes located within public right(s)-of-way, and pass Ordinance 909, Outdoor caf909, Outdoor caf s located within public right(s)s located within public right(s) ee 8331-12 on first reading. 12 on first reading.12 on first reading. 83318331 -- The Community Development Code currently addresses sidewalk cafes located The Community Development Code currently addresses sidewalk cafThe Community Development Code currently addresses sidewalk caf within public right(s)-of-way specifically as they apply to properties within the Clearwater Downtown Redevelopment Plan area and the Tourist Dist Clearwater Beach. A number of restaurants within the Tourist Dis Council 6/20/20124 Item # 5 Attachment number 1 \nPage 5 of 17 Clearwater Beach along Beach Walk are oriented with their primar opening onto public rights-of-way located within the Open Space/Recreation District. With the completion of Beach Walk a number of requests made for the provision of outdoor cafes on Beach Walk. These outdoor cafes would necessarily be located within the Open Space/Recreation Di would necessarily be located within the Open Space/Recreation Di cafes and the serving of alcohol are currently not permitted within th and the serving of alcohol are currently not permitted within th and the serving of alcohol are currently not permitted within th Space/Recreation District. Proposed Ordinance 8331-12 includes the following amendments to address this 12 includes the following amendments to address this 12 includes the following amendments to address this issue: Delineate a specific area within the Open Space/Recreation Distr Delineate a specific area within the Open Space/Recreation DistrDelineate a specific area within the Open Space/Recreation Distr Walk where outdoor cafes are permitted; Provide specifications for the dimensions and locations for outdes Provide specifications for the dimensions and locations for outdProvide specifications for the dimensions and locations for outd es es within the Open Space/Recreation District and Beach Walk; District and Beach Walk;District and Beach Walk; within the Open Space/Recreation Provide a requirement that requests for all outdoor cafes regardless of location regardless of location regardless of location Provide a requirement that requests for all outdoor cafProvide a requirement that requests for all outdoor caf eses are accompanied by drawings indicating the location of the cafes; and the are accompanied by drawings indicating the location of the cafare accompanied by drawings indicating the location of the caf; and the ; and the eses extent of alcoholic beverage sales; extent of alcoholic beverage sales; Provide for allowing alcohol beverages to be served in conjunction with legally Provide for allowing alcohol beverages to be served in conjunction with legally to be served in conjunction with legally Provide for allowing alcohol beverages permitted outdoor cafes and permitted outdoor cafand es Provide for the revocation of any permitted outdoor cafes; should the cafes not Provide for the revocation of any permitted outdoor cafProvide for the revocation of any permitted outdoor caf; should the caf; should the caf not eseses es meet the City's or public's best interest or any other reason. meet the City's or public's best interest or any other reason. meet the City's or public's best interest or any other reason. The Community Development Board (CDB) will review the proposed a The Community Development Board (CDB) will review the proposed aThe Community Development Board (CDB) will review the proposed a at its meeting on June 19, 2012. The Planning and Development De at its meeting on June 19, 2012. The Planning and Development Deat its meeting on June 19, 2012. The Planning and Development De report the recommendation of the CDB at the City Council Meeting report the recommendation of the CDB at the City Council Meetingreport the recommendation of the CDB at the City Council Meeting Planning and Development Director Michael Delk said staff is rec Planning and Development Director Michael Delk said staff is recPlanning and Development Director Michael Delk said staff is rec following amendment to Section 3-909(A)(1)d to clarify the allowance going to the followingfollowingamendment to Section 3amendment to Section 3909(A)(1)d to clarify the allowance going to the 909(A)(1)d to clarify the allowance going to the - confluence Coronado and Gulfview: The east side of that area kn confluence Coronado and Gulfview: The east side of that area knconfluence Coronado and Gulfview: The east side of that area kn as existing on the east side of Gulfview Boulevard between Second Streetthe as existing on the east side of Gulfview Boulevard between as existing on the east side of Gulfview Boulevard between northerly terminus of Beach Walk south of the Gulfview/Coronado confluence and the northerly terminus of Beach Walk south of the Gulfview/Coronado confluenceterminus of Beach Walk south of the Gulfview/Coronado confluence northerly southern terminus of Beach Walk approximately 330 feet south of southern terminus of Beach Walk approximately 330 feet south of southern terminus of Beach Walk approximately 330 feet south of Two individuals spoke in support, with one individual requestingallow Two individuals spoke in support, with one individual requestingTwo individuals spoke in support, with one individual requesting outdoor restaurant seating in front of Surf Style off the promenade. door restaurant door restaurant seating seating in front of Surf Style off the promenade. in front of Surf Style off the promenade. outout In response to a question, the City Attorney said if Council wis In response to a question, the City Attorney said if Council wisIn response to a question, the City Attorney said if Council wis seating on the promenade, a separate ordinance would be required seating on the promenade, a separate ordinance would be requiredseating on the promenade, a separate ordinance would be required It was suggested that a 6-month sunset provision be implemented to see how the It was suggested that a 6It was suggested that a 6 allowance for outdoor cafes and the serving of alcohol within the Open Space/Recreation District works. Council 6/20/20125 Item # 5 Attachment number 1 \nPage 6 of 17 Vice Mayor Paul Gibson moved to approve amendments to the Community Development Code revising Section 3-909, Outdoor cafes located within public right(s)- of-way. The motion was duly seconded and carried unanimously. Councilmember Jay Polglaze moved to amend Section 3-909(A)(1)d to read, The east 909(A)(1)d to read, The east 909(A)(1)d to read, The east side of that area known as Beach Walk as existing on the east si side of that area known as Beach Walk as existing on the east siside of that area known as Beach Walk as existing on the east si Boulevard between Second Street the northerly terminus of Beach Walk south of the the northerly terminus of Beach Walkthe northerly terminus of Beach Walksouth of the south of the Gulfview/Coronado confluence and the southern terminus of Beach Walk approximately and the southern terminus of Beach Walk approximately and the southern terminus of Beach Walk approximately 330 feet south of Fifth Street & The motion was duly seconded a 330 feet south of Fifth Street & The motion was duly seconded a330 feet south of Fifth Street & The motion was duly seconded a unanimously. Ordinance 8331-12 was presented and read by title. Councilmember Bill Jonson moved 12 was presented and read by title. Councilmember Bil12 was presented and read by title. Councilmember Bill Jonson moved l Jonson moved to pass Ordinance 8331-12 on first reading as amended. The motion was duly 12 on first reading as amended. The motion was duly 12 on first reading as amended. The motion was duly seconded. "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember Doreen Hock - Jay E. Polglaze. Jay E. Polglaze . "Nays": None. None. 8. Second Readings -Public Hearing 8. 8. Second Readings Second Readings Public HearingPublic Hearing - 8.1 Adopt Ordinance 8338-12 on second reading, providing for a referendum at a 8.1 8.1 Adopt Ordinance 8338Adopt Ordinance 833812on second reading, providing for a referendum at a on second reading, providing for a referendum at a - special city election to be held in conjunction with the general special city election to be held in conjunction with the generalspecial city election to be held in conjunction with the general County election to be held on November 6, 2012, providing for au County election to be held on November 6, 2012, providing for auCounty election to be held on November 6, 2012, providing for au City Council to grant economic development ad valorem tax exempt City Council to grant economic development ad valorem tax exemptCity Council to grant economic development ad valorem tax exempt ballot question is approved. ballot question is approved.ballot question is approved. Ordinance 8338-12 was presented and read by title only. Councilmember Bill Jon Ordinance 8338Ordinance 8338 12 was presented and read by title only. Councilmember Bill Jon12 was presented and read by title only. Councilmember Bill Jon - moved to adopt Ordinance 8338-12 on second and final reading. The motion was duly moved to adopt Ordinance 8338moved to adopt Ordinance 833812 on second and final reading. The motion was duly - seconded and upon roll call, the vote was: seconded and upon roll call, the vote was:seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember "Ayes""Ayes" :: Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen HockDoreen Hock Jay E. Polglaze. Jay E. Polglaze.Jay E. Polglaze. "Nays": None. Council 6/20/20126 Item # 5 Attachment number 1 \nPage 7 of 17 9. Consent Agenda–Approved as submitted. 9.1 Approve settlement of a liability claim for payment of $75,000 a appropriate officials to execute same. (consent) 9.2 Award a contract (purchase order) to KRONOS Inc., Chelmsford, MA Award a contract (purchase order) to KRONOS Inc., Chelmsford, MA Award a contract (purchase order) to KRONOS Inc., Chelmsford, MA amount of $250,000 for the purchase and installation of Workforce Timekeeper tallation of Workforce Timekeeper tallation of Workforce Timekeeper Software and Hardware to upgrade time and attendance management Software and Hardware to upgrade time and attendance management Software and Hardware to upgrade time and attendance management employees across all city departments, in accordance with Sectio employees across all city departments, in accordance with Sectioemployees across all city departments, in accordance with Sectio Code of Ordinances - Other Governmental Bid (GSA Contract); approve a Other Governmental Bid (GSA Contract); approve aOther Governmental Bid (GSA Contract); approve a transfer from retained earnings of the Administrative Services F transfer from retained earnings of the Administrative Services Ftransfer from retained earnings of the Administrative Services F amount of $185,000; and authorize the appropriate officials to e amount of $185,000; and authorize the appropriate officials to eamount of $185,000; and authorize the appropriate officials to e (consent) 9.3 Approve a three-year Revocable License Agreement from July 1, 2012 to June year Revocable License Agreement from July 1, 2012 to June year Revocable License Agreement from July 1, 2012 to June 30, 2015 between the City of Clearwater and SK8 of Mind, Inc., to provide etween the City of Clearwater and SK8 of Mind, Inc., to provideetween the City of Clearwater and SK8 of Mind, Inc., to provide the operation and management of the pro shop at the Ross Norton the operation and management of the pro shop at the Ross Norton the operation and management of the pro shop at the Ross Norton located at 1426 S. Martin Luther King Jr. Avenue and authorize t located at 1426 S. Martin Luther King Jr. Avenue and authorize tlocated at 1426 S. Martin Luther King Jr. Avenue and authorize t officials to execute same. (consent) officials to execute same. (consent) 9.4 Approve a Contract (Blanket Purchase Order) to Fleet Products of Approve a Contract (Blanket Purchase Order) to Fleet Products ofApprove a Contract (Blanket Purchase Order) to Fleet Products of the amount of $220,000 for the purchase of replacement vehicle p the amount of $220,000 for the purchase of replacement vehicle pthe amount of $220,000 for the purchase of replacement vehicle p all City Departments during the contract period June 21, 2012 th all City Departments during the contract period June 21, 2012 thall City Departments during the contract period June 21, 2012 th 2013, in accordance with Sec. 2.564(1)(d), Code of Ordinances, City of 2013, in accordance with Sec. 2.564(1)(d), Code of Ordinances, City ofin accordance with Sec. 2.564(1)(d), Code of Ordinances, City of Bid 41081810 and 41020612 and authorize the appropriate official Bid 41081810 and 41020612 and authorize the appropriate officialBid 41081810 and 41020612 and authorize the appropriate official same. (consent) same. (consent)same. (consent) 9.5 Approve a lease amendment between the City of Clearwater and PV-JK 9.5 9.5 Approve a lease amendment between the City of Clearwater and PVApprove a lease amendment between the City of Clearwater and PV Clearwater Beach, LLC to correct a typographical error regarding the amount of Clearwater Beach,Clearwater Beach,LLC to correct a typographical error regarding the amount of LLC to correct a typographical error regarding the amount of the security deposit and to reflect a change in ownership and au the security deposit and to reflect a change in ownership and authe security deposit and to reflect a change in ownership and au appropriate officials to execute same. (consent) appropriate officials to execute same. (consent)appropriate officials to execute same. (consent) 9.6 Accept a General Utilities Easement conveyed by the property owner of 21311 9.6 9.6 Accept a General Utilities Easement conveyed by the property Accept a General Utilities Easement conveyed by the property U.S. Highway 19 North, Clearwater, over a twenty-foot wide strip of land fronting U.S. Highway 19 North, Clearwater, over a twentyU.S. Highway 19 North, Clearwater, over a twenty the south side of Drew Street. (consent) the south side of Drew Street. (consent) the south side of Drew Street. (consent) 9.7 Accept a Water Main Easement conveyed to the City by Progress En Accept a Water Main Easement conveyed to the City by Progress EnAccept a Water Main Easement conveyed to the City by Progress En Florida, Inc. over property addressed at 2497 Gulf to Bay Boulevard, Clearwater, Florida, Inc. over property addressedFlorida, Inc. over property addressed for water transmission in support of RO Plant 2. (consent) for water transmission in support of RO Plant 2. (consent)for water transmission in support of RO Plant 2. (consent) 9.8 Approve an amendment to the Public Schools Interlocal Agreement Approve an amendment to the Public Schools Interlocal Agreement Approve an amendment to the Public Schools Interlocal Agreement City of Clearwater, Florida and the School Board of Pinellas Cou Florida, and the Municipalities within Pinellas County that contain public sc Council 6/20/20127 Item # 5 Attachment number 1 \nPage 8 of 17 language related to school concurrency and authorize the appropr execute same. (consent) 9.9 Appoint Paul J. Kelley to the Marine Advisory Board to fill the remainder of the unexpired term until March 31, 2013. (consent) 9.10 Appoint Michael Potts to the Neighborhood and Affordable Housing Appoint Michael Potts to the Neighborhood and Affordable HousingAppoint Michael Potts to the Neighborhood and Affordable Housing Board (NAHAB) as the Residential Home Building Industry represen Board (NAHAB) as the Residential Home Building Industry represenBoard (NAHAB) as the Residential Home Building Industry represen term to expire June 30, 2016. (consent) 9.11 Appoint Councilmember Bill Jonson as FLC Voting Delegate. (conse Appoint Councilmember Bill Jonson as FLC Voting Delegate. (conseAppoint Councilmember Bill Jonson as FLC Voting Delegate. (conse Councilmember Doreen Hock-DiPolito moved to approve the consent agenda as DiPolito moved to approve the consent agenda as DiPolito moved to approve the consent agenda as submitted and authorize the appropriate officials to execute sam submitted and authorize the appropriate officials to execute samsubmitted and authorize the appropriate officials to execute sam seconded and carried unanimously. seconded and carried unanimously. City Manager Reports City Manager Reports 10. Other Items on City Manager Reports Other Items on City Manager ReportsOther Items on City Manager Reports 10.1 Amend the Citys fiscal year 2011/12 Operating and Capital Improvement Amend the Citys fiscal year 2011/12 Operating and Capital Improvement s fiscal year 2011/12 Operating and Capital Improvement Amend the City Budgets at midyear and pass Ordinances 8341-12 and 8342-12 on first reading. Budgets at midyear and pass Ordinances 8341Budgets at midyear and pass Ordinances 834112 and 834212 and 834212 on first reading. --- The fiscal year 2011/12 Operating and Capital Improvement Budget The fiscal year 2011/12 Operating and Capital Improvement BudgetThe fiscal year 2011/12 Operating and Capital Improvement Budget adopted in September 2011 by Ordinances 8285-11 and 8286-11. Section 2.521 adopted in September 2011 by Ordinances 8285adopted in September 2011 by Ordinances 8285 11 and 828611 and 8286 - of the City's Code of Ordinances requires the City Manager to pr of the City's Code of Ordinances requires the City Manager to prof the City's Code of Ordinances requires the City Manager to pr report detailing income, expenditure estimates, collections, the report detailing income, expenditure estimates, collections, thereport detailing income, expenditure estimates, collections, the significant variances, as well as the financial status of all ca significant variances, as well as the financial status of all casignificant variances, as well as the financial status of all ca projects. projects. Councilmember Doreen Hock-DiPolito moved to Amend the Citys fiscal year 2011/12 Councilmember Doreen HockCouncilmember Doreen HockDiPolito moved to Amend the City - Operating and Capital Improvement Budgets at midyear. The motion was duly Operating and Capital ImprovOperating and Capital Improvement Budgets at midyear seconded and carried unanimously. seconded and carried unanimously.seconded and carried unanimously. Ordinance 8341-12 was presented and read by title only. Councilmember Jay Polg Ordinance 8341Ordinance 834112 was presented and read by title only. Councilmember Jay Polg12 was presented and read by title only. Councilmember Jay Polg -- moved to pass Ordinance 8341-12. The motion was duly seconded and upon roll call, moved to pass Ordinance 8341moved to pass Ordinance 8341 the vote was: the vote was:the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Council 6/20/20128 Item # 5 Attachment number 1 \nPage 9 of 17 Jay E. Polglaze. "Nays": None. Ordinance 8342-12 was presented and read by title only. Vice Mayor Paul Gibson Gibson 12 was presented and read by title only. Vice Mayor Paul 12 was presented and read by title only. Vice Mayor Paul moved to pass Ordinance 8342-12 on first reading. The motion was duly seconded and 12 on first reading. The motion was duly seconded and 12 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and CouncilmeDiPolito, Councilmember Bill Jonson, and Councilmember mber Jay E. Polglaze. "Nays": None. 10.2 Amend and restate Division 3 of Article V of Chapter 2 of the Clearwater Code of Amend and restate Division 3 of Article V of Chapter 2 of the Clearwater Code of of Chapter 2 of the Clearwater Code of Amend and restate Division 3 of Article V Ordinances; adopting a revised City of Clearwater Employee Pensi Ordinances; adopting a revised City of Clearwater Employee PensiOrdinances; adopting a revised City of Clearwater Employee Pensi effective January 1, 2013; provide for a referendum question to effective January 1, 2013; provide for a referendum question to effective January 1, 2013; provide for a referendum question to ballot for the November 6, 2012 General Election and Pass Ordina 8333-12 ballot for the November 6, 2012 General Election and Pass Ordinaballot for the November 6, 2012 General Election and Pass Ordina83338333 12 12 -- on first reading. on first reading. In 2010, the City Council directed staff to explore changes to t In 2010, the City Council directed staff to explore changes to tIn 2010, the City Council directed staff to explore changes to t Employee Pension Plan benefits with the goal of reducing the Cit Employee Pension Plan benefits with the goal of reducing the CitEmployee Pension Plan benefits with the goal of reducing the Cit maintaining appropriate benefit levels that would continue to pr maintaining appropriate benefit levels that would continue to prmaintaining appropriate benefit levels that would continue to pr pension benefit and maintain the City's ability to recruit and r pension benefit and maintain the City's ability to recruit and rpension benefit and maintain the City's ability to recruit and r workforce. Proposed Pension Plan changes were collectively barga workforce. Proposed Pension Plan changes were collectively bargaworkforce. Proposed Pension Plan changes were collectively barga City with each of its three Union's; Communications Workers of A City with each of its three Union's; Communications Workers of ACity with each of its three Union's; Communications Workers of A Fraternal Order of Police, and International Association of Firefighters. The Fraternal Order of Police, and International AssociFraternal Order of Police, and International Associ agreed upon changes were ratified by each bargaining unit and su agreed upon changes were ratified by each bargaining unit and suagreed upon changes were ratified by each bargaining unit and su approved by City Council in January of 2012, with the expectatio approved by City Council in January of 2012, with the expectatioapproved by City Council in January of 2012, with the expectatio the changes to the citizens of Clearwater through a public refer the changes to the citizens of Clearwater through a public referthe changes to the citizens of Clearwater through a public refer required by the current ordinance. equired by the current ordinance. equired by the current ordinance. r The proposed ordinance restatement would include the following pr TThe proposed ordinance restatement would include the following prhe proposed ordinance restatement would include the following pr All Employees (Hazardous and Non-Hazardous) who are vested in the Plan All Employees (Hazardous and NonAll Employees (Hazardous and Non and separate from employment with the City prior to the effectivthe and separate from employment with the City prior to the effectivand separate from employment with the City prior to the effectiv restated ordinance would be eligible upon retirement to receive restated ordinance would be eligible upon retirement to receive restated ordinance would be eligible upon retirement to receive pension benefits currently in effect. pension benefits currently in effect. pension benefits currently in effect. All current employees (Hazardous and Non-Hazardous) who remain All current employees (Hazardous and NonAll current employees (Hazardous and Non employed and employees who are hired as of or after the effectiv restated ordinance would be eligible upon retirement to receive the retirement benefit as a one-time lump sum payment equivalent to 10%, Council 6/20/20129 Item # 5 Attachment number 1 \nPage 10 of 17 20% or 30% of the actuarial value of the earned benefit with a c reduction in the monthly benefit thereafter; would be eligible t with the City as a full time employee (other than as a Police Of Firefighter) following retirement and to participate in Social S the Pension Plan; and would be eligible for their beneficiary to the Pension Plan; and would be eligible for their beneficiary to choose any benefit payment option should the employee pass away choose any benefit payment option should the employee pass away choose any benefit payment option should the employee pass away retirement. All other benefits for current employees (Hazardous and Non-Hazardous) Hazardous) Hazardous) All other benefits for current employees (Hazardous and NonAll other benefits for current employees (Hazardous and Non - who are eligible to retire prior to the effective date of the retated ordinance who are eligible to retire prior to the effective date of the rewho are eligible to retire prior to the effective date of the retated ordinance tated ordinance would remain the same. Current Non-Hazardous duty employees who are not eligible to retire as of Hazardous duty employees who are not eligible to retire as of Hazardous duty employees who are not eligible to retire as of the effective date of the restated ordinance and remain employed the effective date of the restated ordinance and remain employedthe effective date of the restated ordinance and remain employed City and Non-Hazardous duty employees hired on or after the effective date Hazardous duty employees hired on or after the effectiveHazardous duty employees hired on or after the effectivedate date of the restated ordinance would be subject to the following chan of the restated ordinance would be subject to the following chanof the restated ordinance would be subject to the following chan current pension benefits upon retirement: current pension benefits upon retirement: 1. The normal form of benefit would be a life annuity with a 1. The normal form of benefit would be a life annuity with a 1. The normal form of benefit would be a life annuity with a monthly pension benefit amount if a different form of benefit is elected. of benefit is elected.of benefit is elected. monthly pension benefit amount if a different formmonthly pension benefit amount if a different form 2. Overtime and additional pays earned for years of service after the 2. Overtime and additional pays earned2. Overtime and additional pays earnedfor years of service after the for years of service after the effective date of the restated ordinance would not be included i effective date of the restated ordinance would not be included ieffective date of the restated ordinance would not be included i pension calculation upon retirement. pension calculation upon retirement.pension calculation upon retirement. 3. The annual 1.5% COLA would be delayed for five years after the date of 3. The annual 1.5% COLA would be delayed for five 3. The annual 1.5% COLA would be delayed for five years after the date of years after the date of retirement on all pensionable earnings for years of service afte retirement on all pensionable earnings for years of service afteretirement on all pensionable earnings for years of service afte effective date of the restated ordinance. effective date of the restated ordinance.effective date of the restated ordinance. 4. The job connected disability benefit would be reduced to 4 4. The job connected disability benefit would be reduced to 44. The job connected disability benefit would be reduced to 4 Non-Hazardous duty employees hired on or after the effective date of NonNonHazardous duty employees hired on or after the effective date ofHazardous duty employees hired on or after the effective date of -- restated ordinance would also be subject to a change in the curr restated ordinance would also be subject to a change in the currrestated ordinance would also be subject to a change in the curr multiplier from 2.75% to 2.0%; a change in the retirement eligib multiplier from 2.75% to 2.0%; a change in the retirement eligibmultiplier from 2.75% to 2.0%; a change in the retirement eligib requirement from age 55 to age 60; and a change in the retiremenity requirement from age 55 to age 60; and a change in the retiremenrequirement from age 55 to age 60; and a change in the retiremen years of service requirement from 20 years of service to 25 year years of service requirement from 20 years of service to 25 yearyears of service requirement from 20 years of service to 25 year Current Hazardous duty employees who are not eligible to retire Current Hazardous duty employees who are not eligible to retire Current Hazardous duty employees who are not eligible to retire effective date of the restated ordinance and remain employed wit effective date of the restated ordinance and remain employed witeffective date of the restated ordinance and remain employed wit and Hazardous duty employees hired on or after the effective dat and Hazardous duty employees hired on or after the effective datand Hazardous duty employees hired on or after the effective dat restated ordinance would be subject to the following changes in restated ordinance would be subject to the following changes in restated ordinance would be subject to the following changes in pension benefits upon retirement: pension benefits upon retirement: pension benefits upon retirement: 1. The employee Pension contribution would be increased from 1. The employee Pension contribution would be increased from 1. The employee Pension contribution would be increased from of covered salary. of covered salary.of covered salary. 2. The annual 1.5% COLA would be eliminated on all pensionable earn 2. 2. The annual 1.5% COLA would be eliminated on all pensionable earnThe annual 1.5% COLA would be eliminated on all pensionable earn for years of service after the effective date of the restated or for years of service after the effective date of the restated orfor years of service after the effective date of the restated or These proposed pension benefit changes have been estimated by th actuary to save the City approximately $4.5 Million in the first year after implementation and approximately $400 Million over the next 30 y Council 6/20/201210 Item # 5 Attachment number 1 \nPage 11 of 17 An Actuary Impact Statement has been completed and the proposed have been reviewed and approved by the Plan Attorney's, Klausner Kaufman, PA; and the Benefits Administrator, State of Florida Division Retirements. If the referendum is approved, the cost associated with the City If the referendum is approved, the cost associated with the CityIf the referendum is approved, the cost associated with the City be based on the annual actuarial analysis and will be included i be based on the annual actuarial analysis and will be included ibe based on the annual actuarial analysis and will be included i budgets. Councilmember Jay Polglaze moved to amend and restate Division 3 of ncilmember Jay Polglaze moved to amend and restate Division 3 ofncilmember Jay Polglaze moved to amend and restate Division 3 of Chapter 2 of the Clearwater Code of Ordinances; adopting a revis Chapter 2 of the Clearwater Code of Ordinances; adopting a revisChapter 2 of the Clearwater Code of Ordinances; adopting a revis Employee Pension Plan effective January 1, 2013; provide for a r Employee Pension Plan effective January 1, 2013; provide for a rEmployee Pension Plan effective January 1, 2013; provide for a r appear on the ballot for the November 6, 2012 General Election. The mo on the ballot for the November 6, 2012 General Election. The moon the ballot for the November 6, 2012 General Election. The mo seconded and carried unanimously. Ordinance 8333-12 was presented and read by title only. Vice Mayor Paul Gibson 12 was presented and read by title only. Vice Mayor Paul Gibson12 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8333-12 on first reading. The motion was duly seconded and 12 on first reading. The motion 12 on first reading. The motion moved to pass Ordinance 8333was duly seconded and was duly seconded and - upon roll call, the vote was: upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen HockDiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember - Jay E. Polglaze. Jay E. Polglaze.Jay E. Polglaze. "Nays":None. None.None. "Nays""Nays" :: 10.3 Authorize the adoption of Supplemental Joint Participation Agree 10.3 Authorize the adoption of Supplemental Joint Participation AgreeAuthorize the adoption of Supplemental Joint Participation Agree Number 1 between the City of Clearwater and the State of Florida Number 1 between the City of Clearwater and the State of FloridaNumber 1 between the City of Clearwater and the State of Florida Transportation (FDOT) amending contract AQJ28 to include additio Transportation (FDOT) amending contract AQJ28 to include additioTransportation (FDOT) amending contract AQJ28 to include additio under the JPA, such as, the completion of groundwater cleanup, t under the JPA, such as, the completion of groundwater cleanup, tunder the JPA, such as, the completion of groundwater cleanup, t and installation of an automated weather operating system (AWOS) and installation of an automated weather operating system (AWOS)and installation of an automated weather operating system (AWOS) purchase of a portable fueling trailer, auxiliary power unit, an purchase of a portable fueling trailer, auxiliary power unit, anpurchase of a portable fueling trailer, auxiliary power unit, an authorize the appropriate officials to execute same and adopt Re-11. authorize the appropriate officials to execute same and adopt Reauthorize the appropriate officials to execute same and adopt Re The Florida Department of Transportation (FDOT) authorized $1.5 The Florida Department of Transportation (FDOT) authorized $1.5 The Florida Department of Transportation (FDOT) authorized $1.5 in aviation funding to install the appropriate lighting, marking in aviation funding to install the appropriate lighting, markingin aviation funding to install the appropriate lighting, marking Approach Path Indicator (PAPI) System to the Clearwater Airpark Approach Path Indicator (PAPI) System to the Clearwater Airpark Approach Path Indicator (PAPI) System to the Clearwater Airpark the runway to the north to improve safety, and to repair the tax via JPA the runway to the north to improve safety, and to repair the taxthe runway to the north to improve safety, and to repair the tax contract AQJ28. The Council authorized the appropriate officials contract AQJ28. The Council authorized the appropriate officialscontract AQJ28. The Council authorized the appropriate officials and adopted Resolution 12-04 on February 2, 2012. Council 6/20/201211 Item # 5 Attachment number 1 \nPage 12 of 17 Supplemental JPA Number 1 amends the JPA to include additional w the scope of the original contract. The additional work includes the completion of groundwater cleanup, which would include field-testing of monitoring wells, lab sampling and report production, the purchase and installation of weather operating system (AWOS), consultant fees, engineering of weather operating system (AWOS), consultant fees, engineering of preparation, construction of a pad, electrical installation, and preparation, construction of a pad, electrical installation, and preparation, construction of a pad, electrical installation, and process. The purchase of a portable fueling trailer to move Jet process. The purchase of a portable fueling trailer to move Jet process. The purchase of a portable fueling trailer to move Jet the purchase of an auxiliary power unit to assist aircraft powerand the the purchase of an auxiliary power unit to assist aircraft powerthe purchase of an auxiliary power unit to assist aircraft powerand the and the purchase of an aircraft tug to safely move aircraft in and aroun purchase of an aircraft tug to safely move aircraft in and arounpurchase of an aircraft tug to safely move aircraft in and aroun included. Adoption of this Supplemental Joint Participation Agreement Numb Adoption of this Supplemental Joint Participation Agreement NumbAdoption of this Supplemental Joint Participation Agreement Numb increase the total cost of the JPA. Councilmember Bill Jonson moved to authorize the adoption of Supplemental Joint uthorize the adoption of Supplemental Joint uthorize the adoption of Supplemental Joint Participation Agreement (JPA) Number 1 between the City of Clear Participation Agreement (JPA) Number 1 between the City of ClearParticipation Agreement (JPA) Number 1 between the City of Clear of Florida Department of Transportation (FDOT) amending contract of Florida Department of Transportation (FDOT) amending contractof Florida Department of Transportation (FDOT) amending contract additional work under the JPA, such as, the completion of ground additional work under the JPA, such as, the completion of groundadditional work under the JPA, such as, the completion of ground purchase and installation of an automated weather operating syst purchase and installation of an automated weather operating systpurchase and installation of an automated weather operating syst purchase of a portable fueling trailer, auxiliary power unit, an purchase of a portable fueling trailer, auxiliary power unit, anpurchase of a portable fueling trailer, auxiliary power unit, an appropriate officials to execute same. The motion was duly seconded and carried appropriate officials to execute same. The motion was duly seconded and carried he motion was duly seconded and carried unanimously. Resolution 12-11 was presented and read by title only. Councilmember Doreen H- 11 was presented and read by title only. Councilmember Doreen H11 was presented and read by title only. Councilmember Doreen H Resolution 12 - DiPolito moved to adopt Resolution 12-11. The motion was duly seconded and upon DiPolito moved to adopt Resolution 12DiPolito moved to adopt Resolution 1211. The motion was duly seconded and upon 11. The motion was duly seconded and upon - roll call, the vote was: roll call, the vote was:roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember "Ayes""Ayes"MayorMayorGeorge N. Cretekos, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Vice Mayor Paul Gibson, Councilmember : Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen HockDoreen HockDiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember - Jay E. Polglaze. Jay E. Polglaze.Jay E. Polglaze. "Nays": None. "Nays"None. : "Nays" 10.4 Amend numerous sections of Chapter 22 of the City of Clearwater 10.4 10.4 Amend numerous sections of Chapter 22 of the City of Clearwater Amend numerous sections of Chapter 22 of the City of Clearwater Ordinances relating to Parks, Beaches, and Recreation and pass O Ordinances relating to Parks, Beaches, and Recreation and pass OOrdinances relating to Parks, Beaches, and Recreation and pass O 8340-12 on first reading. 8340834012 on first reading. 12 on first reading. - On February 3, 2005, the City Council approved Ordinance 7376-05 amending On February 3, 2005, the City Council approved Ordinance 7376On February 3, 2005, the City Council approved Ordinance 7376 Section 22.24 by adding the hours of operation for each City par Section 22.24 by adding the hours of operation for each City parSection 22.24 by adding the hours of operation for each City par Ordinances; requiring at least one prominently posted sign be in park stating the hours of operation; and providing an exception Council 6/20/201212 Item # 5 Attachment number 1 \nPage 13 of 17 hours which would allow a permit to be issued by the Department Manager. From time to time Section 22.24 of the Code of Ordinances needs and updated to reflect accurately any changes that may have occurred since the ately any changes that may have occurred since the last amendment. The last update was on October 20, 2011, approvi last amendment. The last update was on October 20, 2011, approvi last amendment. The last update was on October 20, 2011, approvi 8293-11, which amended park hours and eliminated properties no longer 11, which amended park hours and eliminated properties no longer11, which amended park hours and eliminated properties no longer a park. In the interest of the public health, safety and welfare a park. In the interest of the public health, safety and welfarea park. In the interest of the public health, safety and welfare preservation of public property, staff is recommending that the preservation of public property, staff is recommending that the preservation of public property, staff is recommending that the amended as follows: Section 22.24 Authority to regulate beaches, park property, and Section 22.24 Authority to regulate beaches, park property, and Section 22.24 Authority to regulate beaches, park property, and Campbell Recreation Area: Modifying park hours for various parks Campbell Recreation Area: Modifying park hours for various parksCampbell Recreation Area: Modifying park hours for various parks thereof. Fifty-three (53) parks are closed from sunset to sunrise, nine (9) fro three (53) parks are closed from sunset to sunrise, nine (9) frothree (53) parks are closed from sunset to sunrise, nine (9) fro 9:00 p.m. to 6:00 a.m. and ten (10) from 10:00 p.m. to 6:00 a.m. 9:00 p.m. to 6:00 a.m. and ten (10) from 10:00 p.m. to 6:00 a.m.9:00 p.m. to 6:00 a.m. and ten (10) from 10:00 p.m. to 6:00 a.m. Section 22.28 Protection and preservation of property: Limiting Section 22.28 Protection and preservation of property: Limiting Section 22.28 Protection and preservation of property: Limiting recreation facilities specifically set aside for such purpose. reation facilities specifically set aside for such purpose. reation facilities specifically set aside for such purpose. Section 22.37 Use of Restrooms and Other Park Structures: Elimin Section 22.37 Use of Restrooms and Other Park Structures: EliminSection 22.37 Use of Restrooms and Other Park Structures: Elimin references to bathhouses. Section 22.38 Camping: Prohibiting references to bathhouses. Section 22.38 Camping: Prohibiting references to bathhouses. Section 22.38 Camping: Prohibiting public beach or park property except by special event permit. public beach or park property except by special event permit. public beach or park property except by special event permit. Section 22.40. Domestic animals: Providing for an exception to the regulation of Section 22.40. Domestic animals:Section 22.40. Domestic animals:Providing for an exception to the regulation of Providing for an exception to the regulation of animals on public beaches and park property to allow for the tra animals on public beaches and park property to allow for the traanimals on public beaches and park property to allow for the tra service animals in accordance with State and Federal regulations service animals in accordance with State and Federal regulationsservice animals in accordance with State and Federal regulations Section 22.59. Possession of alcoholic beverages: Replacing a reference to Section 22.59. Possession of alcoholic beverages:Section 22.59. Possession of alcoholic beverages:Replacing a reference to Replacing a reference to Clearwater Executive Golf Course with The Landings Golf Club and Clearwater Executive Golf Course with The Landings Golf Club andClearwater Executive Golf Course with The Landings Golf Club and reference to City Commission with City Council. reference to City Commission with City Council. reference to City Commission with City Council. Section 22.86. Appeal of Denial: Replacing all references to City Commission Section 22.86. Appeal of Denial:Section 22.86. Appeal of Denial: Replacing all reReplacing all re with City Council. with City Council. Section 22.91. Procedural Requirements; Certain Use Provisions N Section 22.91. Procedural Requirements; Certain Use Provisions NSection 22.91. Procedural Requirements; Certain Use Provisions N Replacing references to reserved sections of the Code of Ordinan Replacing references to reserved sections of the Code of OrdinanReplacing references to reserved sections of the Code of Ordinan appropriate references to the Clearwater Community Development Code. The appropriate references to the Clearwater Community appropriate references to the Clearwater Community amending of this Ordinance will provide for a tool that can be u amending of this Ordinance will provide for a tool that can be uamending of this Ordinance will provide for a tool that can be u enforcement officers to more effectively patrol City parks and e enforcement officers to more effectively patrol City parks and eenforcement officers to more effectively patrol City parks and e and regulations at each park. and regulations at each park.and regulations at each park. Council 6/20/201213 Item # 5 Attachment number 1 \nPage 14 of 17 Councilmember Jay Polglaze moved to amend numerous sections of C City of Clearwater Code of Ordinances relating to Parks, Beaches. The motion was duly seconded and carried unanimously. Ordinance 8340-12 was presented and read by title only. Councilmember Doreen 12 was presented and read by title only. Councilmember Dor een Hock-DiPolito moved to pass Ordinance 8340-12 on first reading. Upon roll call, the 12 on first reading. Upon roll call, the 12 on first reading. Upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 10.5 Approve the rescinding of Ordinance 7650-06 which vacated a utility easement Approve the rescinding of Ordinance 765006 which vacated a 06 which vacated a utility easement utility easement - and alley in the 1900 block of Edgewater Drive, more particularl and alley in the 1900 block of Edgewater Drive, more particularland alley in the 1900 block of Edgewater Drive, more particularl therein; and pass Ordinance 8339-12 (formally Ordinance 8328) on first reading therein; and pass Ordinance 833912 (formally Ordinance 8328) on first reading 12 (formally Ordinance 8328) on first reading - and withdraw Ordinance 8328-12. and withdraw Ordinance 832812. - City Council passed and adopted Ordinance 7650-06 on July 20, 2006, vacating a City Council passed and adopted Ordinance 7650City Council passed and adopted Ordinance 7650 06 on July 20, 2006, vacating a 06 on July 20, 2006, vacating a - utility easement and alley in the 1900 block of Edgewater Drive. utility easement and alley in the 1900 block of Edgewater Drive.utility easement and alley in the 1900 block of Edgewater Drive. was adopted subject to certain conditions that were never satisf was adopted subject to certain conditions that were never satisfwas adopted subject to certain conditions that were never satisf allotted time for the satisfaction of these conditions has expirhe ordinance allotted time for the satisfaction of these conditions has expirallotted time for the satisfaction of these conditions has expirhe ordinance he ordinance expressly states that if conditions are not met within the allot expressly states that if conditions are not met within the allotexpressly states that if conditions are not met within the allot ordinance will thereafter be null and void in all respects as th ordinance will thereafter be null and void in all respects as thordinance will thereafter be null and void in all respects as th In the interest of leaving a clear chain of title to real proper In the interest of leaving a clear chain of title to real properIn the interest of leaving a clear chain of title to real proper approval of a corrective ordinance. Ordinance 8339-12 will rescind Ordinance approval of a corrective ordinance. Ordinance 8339approval of a corrective ordinance. Ordinance 833912 will rescind Ordinance 12 will rescind Ordinance -- 7650-06 leaving no uncertainty that the vacation of the alley and uti 765006 leaving no uncertainty that the vacation of the alley and uti06 leaving no uncertainty that the vacation of the alley and uti - described therein it is null and void. described therein it is null and void. described therein it is null and void. Vice Mayor Paul Gibson moved to approve the rescinding of Ordina-06, which Vice Mayor Paul Gibson moved to approve the rescinding of OrdinaVice Mayor Paul Gibson moved to approve the rescinding of Ordina vacated a utility easement and alley in the 1900 block of Edgewa vacated a utility easement and alley in the 1900 block of Edgewavacated a utility easement and alley in the 1900 block of Edgewa particularly described therein and withdraw Ordinance 8328-12. The motion was duly particularly described thereinparticularly described thereinand withdraw Ordinance 8328and withdraw Ordinance 8328 seconded and carried unanimously. seconded and carried unanimously.seconded and carried unanimously. Ordinance 8339-12 was presented and read by title only. Councilmember Bill Jon Ordinance 8339Ordinance 833912 was presented and read by title only. Councilmember Bill Jon12 was presented and read by title only. Councilmember Bill Jon - moved to pass Ordinance 8339-12 on first reading. The motion was duly seconded and moved to pass Ordinance 8339moved to pass Ordinance 8339 upon roll call, the vote was: upon roll call, the vote was:upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Council 6/20/201214 Item # 5 Attachment number 1 \nPage 15 of 17 "Nays": None. 10.6 Approve a Contract for Purchase of Real Property between Ruth Ec Inc. and the City of Clearwater for the Cityspurchase of real property at 409 purchase of real property at 409 Cleveland Street, Clearwater, with a purchase price at market va Cleveland Street, Clearwater, with a purchase price at market va Cleveland Street, Clearwater, with a purchase price at market va determined by the average of two independent appraisals; and aut determined by the average of two independent appraisals; and autdetermined by the average of two independent appraisals; and aut appropriate officials to execute same, together with all other i appropriate officials to execute same, together with all other iappropriate officials to execute same, together with all other i to affect closing. The subject property is located at 409 Cleveland Street and is l The subject property is located at 409 Cleveland Street and is lThe subject property is located at 409 Cleveland Street and is l retail establishment. The parcel is approximately 1,638 square f retail establishment. The parcel is approximately 1,638 square fretail establishment. The parcel is approximately 1,638 square f east of, and contiguous with, the City-owned Capitol Theatre. The property is owned Capitol Theatre. The property is owned Capitol Theatre. The property is improved with a single-story commercial structure containing 1,573 square feet. story commercial structure containing 1,573 square feet. story commercial structure containing 1,573 square feet. Ruth Eckerd Hall, Inc. is currently under contract to purchase t Ruth Eckerd Hall, Inc. is currently under contract to purchase tRuth Eckerd Hall, Inc. is currently under contract to purchase t the current owners for a purchase price of $550,000. Under the c the current owners for a purchase price of $550,000. Under the cthe current owners for a purchase price of $550,000. Under the c Eckerd Hall, Inc. has a due diligence period ending on June 24, 2012 within which diligence period ending on June 24, 2012 within which diligence period ending on June 24, 2012 within which Eckerd Hall, Inc. has a due it may terminate the contract. The contract expressly states tha it may terminate the contract. The contract expressly states thait may terminate the contract. The contract expressly states tha give possession at closing without any tenants. City staff has n give possession at closing without any tenants. City staff has ngive possession at closing without any tenants. City staff has n purchase the property from Ruth Eckerd Hall, Inc. at a purchase purchase the property from Ruth Eckerd Hall, Inc. at a purchase purchase the property from Ruth Eckerd Hall, Inc. at a purchase market value. Market value will be derived by calculating the av market value. Market value will be derived by calculating the avmarket value. Market value will be derived by calculating the av independent appraisals. The appraisal reports will be available independent appraisals. The appraisal reports will be available independent appraisals. The appraisal reports will be available during the City Council Work Session on June 18, 2012. Market va during the City Council Work Session on June 18, 2012. Market vaduring the City Council Work Session on June 18, 2012. Market va to be less than the purchase price stipulated in the Ruth Eckerd to be less than the purchase price stipulated in the Ruth Eckerdto be less than the purchase price stipulated in the Ruth Eckerd purchase contract. purchase contract. purchase contract. The intended use of the property is to facilitate the renovation The intended use of the property is to facilitate the renovationThe intended use of the property is to facilitate the renovation functionality of the Capitol Theatre. Following the City's acquisition of the functionality of the Capitol Theatre. Following the City'sfunctionality of the Capitol Theatre. Following the City's property, if approved, City staff will prepare a long-term lease and operating property, if approved, City staff will prepare a longproperty, if approved, City staff will prepare a long agreement between the City and Ruth Eckerd Hall, Inc. for use of agreement between the City and Ruth Eckerd Hall, Inc. for use ofagreement between the City and Ruth Eckerd Hall, Inc. for use of support of Theatre operations. Funding for the purchase will be m support of Theatre operations. Funding for the purchase will be support of Theatre operations. Funding for the purchase will be capital project 315-93623, Capital Theatre. capital project 31593623, Capital Theatre. 93623, Capital Theatre. - Councilmember Jay Polglaze moved to approve a Contract for Purchase of Real Councilmember Jay Polglaze moved to aCouncilmember Jay Polglaze moved to a Property between Ruth Eckerd Hall, Inc. and the City of ClearwatCitys Property between Ruth Eckerd Hall, Inc. and the City of ClearwatProperty between Ruth Eckerd Hall, Inc. and the City of Clearwat purchase of real property at 409 Cleveland Street, Clearwater, w purchase of real property at 409 Cleveland Street, Clearwater, wpurchase of real property at 409 Cleveland Street, Clearwater, w market value as determined by the average of two independent app market value as determined by the average of two independent appmarket value as determined by the average of two independent app authorize appropriate officials to execute same, together with a authorize appropriate officials to execute same, together with aauthorize appropriate officials to execute same, together with a required to affect closing. The motion was duly seconded and carried unanimously. required to affect closing.required to affect closing. 10.7 Approve adding violations of Chapter 22, Code of Ordinances, to the ordinance violations that are punishable by a fine of up to $500, imprison Council 6/20/201215 Item # 5 Attachment number 1 \nPage 16 of 17 than 60 days, or both a fine and imprisonment and pass Ordinance-12 on first reading. Chapter 22 regulates the use of parks within the city. Section Clearwater Code of Ordinances sets out those ordinance violation Clearwater Code of Ordinances sets out those ordinance violation arrestable violations and are punishable by fine, imprisonment, arrestable violations and are punishable by fine, imprisonment, arrestable violations and are punishable by fine, imprisonment, Chapter 22 to the ordinances that are so punishable would allow Chapter 22 to the ordinances that are so punishable would allow Chapter 22 to the ordinances that are so punishable would allow arrest violators of this section. Vice Mayor Paul Gibson moved to approve adding violations of Cha Vice Mayor Paul Gibson moved to approve adding violations of ChaVice Mayor Paul Gibson moved to approve adding violations of Cha Ordinances, to the ordinance violations that are punishable by a Ordinances, to the ordinance violations that are punishable by aOrdinances, to the ordinance violations that are punishable by a imprisonment for not more than 60 days, or both a fine and imprisonment. The motion th a fine and imprisonment. The motion th a fine and imprisonment. The motion was duly seconded and carried unanimously. Ordinance 8344-12 was presented and read by title only. Councilmember Bill Jon 12 was presented and read by title only. Councilmember Bill Jon12 was presented and read by title only. Councilmember Bill Jon moved to pass Ordinance 8344-12 on first reading. The motion was duly seconded and 12 on first reading. The motion was duly seconded and 12 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember Doreen Hock - Jay E. Polglaze. Jay E. Polglaze. "Nays": None. None. Miscellaneous Reports and Items Miscellaneous Reports and ItemsMiscellaneous Reports and Items 11. City Manager Verbal Reports City Manager Verbal ReportsCity Manager Verbal Reports 11. 11. 11.1 City Manager Verbal Reports 11.1 City Manager Verbal ReportsCity Manager Verbal Reports The City Manager said the City has received a request for a special event in Cres The City Manager said the City has received a request for a special event in Cressaid the City has received a request for a special event in Cres The City Manager Park; staff has agreed to supply the port-o-lets for that particular event. Future special Park; staff has agreed to supply the portPark; staff has agreed to supply the portlets for that particular event. Future special -o- event applicants will be made aware of the expectation to cover -o-lets. event applicants will be made aware of the expectation to cover event applicants will be made aware of the expectation to cover 12. Closing Comments by Mayor 12. 12. Closing Comments by MayorClosing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events. Mayor George N. Cretekos reviewed recent and upcoming Mayor George N. Cretekos reviewed recent and upcoming Council 6/20/201216 Item # 5 Attachment number 1 \nPage 17 of 17 13. Adjourn The meeting was adjourned at 8:00 p.m. Mayor Attest City of Clearwater City Clerk Council 6/20/201217 Item # 5 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the City of Clearwaters Fiscal Year 2012-2013 Consolidated Annual Action Plan, to carry forward the goals and objectives set forth in the Fiscal Year 2011-2016 Five-Year Consolidated Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the Fiscal Year 2012-2013 Consolidated Annual Action Plan and authorize the appropriate officials to execute same. SUMMARY: The U.S. Department of Housing and Urban Development (HUD) requires communities that receive entitlement Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME) funding to prepare a comprehensive 5-year consolidated planning document that evaluates the needs of the community and sets forth strategies to address those needs. The Fiscal Year 2011-2016 Consolidated Annual Action Plan is mainly a continuation of the Citys prior Consolidated Plan, which was completed in 2011. The Plan includes an executive summary, community profile, strategic plan, annual action plan, citizen participation plan and an analysis of fair housing and certifications. The community profile and the strategic plan are the two major components of the document. The community profile identifies the demographics and the strategic plan identifies the needs and how they are going to be addressed. In addition, the City is required to create and implement an annual action plan identifying the sources and uses of federal money for housing, community and economic development. This annual plan, referred to as a Consolidated Annual Action Plan, provides HUD with the Citys housing, community and economic development budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year to meet the goals established in the Five-Year Plan. In Fiscal Year 2012-2013, the City is estimated to receive federal funds in the amount of $719,995 through the CDBG and $301,560 through the HOME. The total Fiscal Year 2012-2013 allocation budget is $1,021,555 (excluding SHIP funding of $60,000). Funds provided through the HOME Program are limited to housing-related activities and administration. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation, demolition and administration. Additional funding for the Fiscal Year 2012-2013 budget will come from estimated program income funds and un-programmed prior year CDBG, HOME, SHIP and Pinellas County Housing Trust funds (loan repayments, loan payoffs, recaptured funds, etc). Other funds may include those from the Neighborhood Stabilization Program 3 (NSP3) and leverage from private sector investments. The City partners with several non-profit agencies to implement the goals and objectives the City had established in the Consolidated Planning Document. To obtain these partners, the City annually publishes a Notice of Funding Availability (NOFA) in the local newspaper and on its website. This notice informs the non-profits of the resources the City will make available and the eligible uses of these resources. It also informs them of the application period for requesting funds. This year the applications were due in April and the City received a total of 19 applications for funding requests. A Technical Review Committee (TRC), comprised of professionals in the social service and grants community and two members of the Citys Neighborhood and Affordable Housing Advisory Board (NAHAB), reviewed the applications, scored them and set forth a strategy to maximize the number of applicants that will receive a portion of allocated funds. Applicants were given an opportunity to present at the monthly NAHAB meeting regarding their programs. City staff also reviewed each application to ensure it met HUDs baseline requirements. The NAHAB met on May 8, 2012 to approve the recommended allocations contained in the Fiscal Year 2012- 2013 Consolidated Annual Action Plan. Cover Memo Item # 6 Type: Other Current Year Budget?:Budget Adjustment: NoneNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: Cover Memo Item # 6 Attachment number 2 \nPage 1 of 42 Item # 6 Attachment number 2 \nPage 2 of 42 Item # 6 Attachment number 2 \nPage 3 of 42 Item # 6 Attachment number 2 \nPage 4 of 42 Item # 6 Attachment number 2 \nPage 5 of 42 Item # 6 Attachment number 2 \nPage 6 of 42 · · · · · · · · · · · · · · · · · · · Item # 6 Attachment number 2 \nPage 7 of 42 Item # 6 Attachment number 2 \nPage 8 of 42 Item # 6 Attachment number 2 \nPage 9 of 42 Item # 6 Attachment number 2 \nPage 10 of 42 Item # 6 Attachment number 2 \nPage 11 of 42 Item # 6 Attachment number 2 \nPage 12 of 42 Item # 6 Attachment number 2 \nPage 13 of 42 Item # 6 Attachment number 2 \nPage 14 of 42 Item # 6 Attachment number 2 \nPage 15 of 42 Item # 6 Attachment number 2 \nPage 16 of 42 Item # 6 Attachment number 2 \nPage 17 of 42 Item # 6 Attachment number 2 \nPage 18 of 42 Item # 6 Attachment number 2 \nPage 19 of 42 Item # 6 Attachment number 2 \nPage 20 of 42 Item # 6 Attachment number 2 \nPage 21 of 42 Item # 6 Attachment number 2 \nPage 22 of 42 Item # 6 Attachment number 2 \nPage 23 of 42 Item # 6 Attachment number 2 \nPage 24 of 42 Item # 6 Attachment number 2 \nPage 25 of 42 Item # 6 Attachment number 2 \nPage 26 of 42 · · Item # 6 Attachment number 2 \nPage 27 of 42 Item # 6 Attachment number 2 \nPage 28 of 42 Item # 6 Attachment number 2 \nPage 29 of 42 · Item # 6 Attachment number 2 \nPage 30 of 42 · · · · · · · Item # 6 Attachment number 2 \nPage 31 of 42 Item # 6 Attachment number 2 \nPage 32 of 42 Item # 6 Attachment number 2 \nPage 33 of 42 Item # 6 Attachment number 2 \nPage 34 of 42 Item # 6 Attachment number 2 \nPage 35 of 42 · · · · · · · · · · Item # 6 Attachment number 2 \nPage 36 of 42 Item # 6 Attachment number 2 \nPage 37 of 42 Item # 6 Attachment number 2 \nPage 38 of 42 Item # 6 Attachment number 2 \nPage 39 of 42 · · · · · · · Item # 6 Attachment number 2 \nPage 40 of 42 Item # 6 Attachment number 2 \nPage 41 of 42 Item # 6 Attachment number 2 \nPage 42 of 42 Item # 6 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve request from Cay 1475, LLC to vacate the 20-foot Drainage and Utility Easement located southwest of the corner of Sunset Point Road and North Highland Avenue subject to certain conditions; and pass Ordinance 8350-12 on first reading (VAC2012-03). SUMMARY: Cay 1475, LLC (Applicant) owns fee title to the property containing the easement area proposed for vacation (Easement Vacation Area). Planning Case Number FLS2012-02003 has been reviewed by city staff and calls for a dry stormwater pond to be constructed within the Easement Vacation Area. The Applicant has agreed to grant the City a substitute Drainage and Utility Easement and to satisfy the Citys requirements for the relocation of an existing sanitary line and gas line. The substitute easement will be 20-feet wide and will provide for a continuous utility corridor. Progress Energy, Verizon, Bright House and Knology have no objection to the request. The Engineering Department conducted an interdepartmental review of the request. City utility providers, potentially affected by the vacation, concur with the staff recommendation. Review Approval: Cover Memo Item # 7 Attachment number 1 \nPage 1 of 2 ORDINANCE NO. 8350-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF A 20-FOOT DRAINAGE AND UTILITY EASEMENT LYING ON A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AND BEING A PORTION OF LOT 9, BRENTWOOD ESTATES, AS RECORDED IN PLAT BOOK 59, PAGE 28 OF THE PUBLIC RECORDS OF SAID PINELLAS COUNTY, FLORIDA, SUBJECT TO CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Cay 1475, LLC, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and, WHEREAS, the City Council finds that said easement is not necess municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A parcel of land lying Section 2, Township 29 South, Range 15 East, Pinellas County Florida, and being a portion of Lot 9, Brentwood Estates, as rec Page 28 of the public records of said Pinellas County, Florida, particularly described as follows: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, THENCE ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4, S 00°07'42" E, 50.00 FEET; THENCE PARALLEL TO THE EAST- WEST CENTER LINE OF SAID SECTION 2, N 89°29'42" W, 50.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF HIGHLAND AVENUE; THENCE ALONG SAID WEST RIGHT OF WAY LINE, S 00°10'33" E, 250.00 FEET; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, N 89°29'42" W, 160.41 FEET TO A POINT LYING 10.00 FEET EAST OF THE EAST LINE OF LOTS 8 & 9 OF SAID BRENTWOOD ESTATES, AS RECORDED IN PLAT BOOK 59, PAGE 28 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG A LINE 10.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF SAID LOTS 8 & 9 OF SAID BRENTWOOD ESTATES, N 00°08'30" E, 32.58 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED AREA; THENCE DEPARTING SAID LINE LYING 10.00 FEET EAST OF THE EAST LINE OF SAID LOTS 8 & 9, N 57°04'58" W, 23.79 FEET TO A POINT LYING 10.00 FEET WEST OF THE EAST LINE OF LOT 9 OF SAID BRENTWOOD ESTATES; THENCE ALONG A LINE 10.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 9, N 00°08'30" E, 26.67 FEET; THENCE ALONG A LINE BEING 10.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 9, N 89°24'23" W, 41.94 FEET; THENCE DEPARTING Item # 7 Ordinance No.8350 -12 Attachment number 1 \nPage 2 of 2 SAID LINE, N 57°04'58" W, 37.40 FEET TO A POINT BEING 10.00 FEET NORTH OF THE NORTH LINE OF SAID LOT 9; THENCE ALONG A LINE BEING 10.00 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 9, S 89°24'23" E, 93.39 FEET; THENCE ALONG A LINE BEING 10.00 FEET EASTERLY OF THE EAST LINE OF LOTS 8 & 9 OF BRENTWOOD ESTATES AND ITS NORTHERLY PROJECTION THEREOF, S 00°08'30 W, 59.39 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 2213.9 S.F., MORE OR LESS, is hereby vacated, and the City of Clearwater releases all of it, as described above, to the owner of the servient estate thereto subject to the following conditions: 1. Applicant shall deed to the City of Clearwater a new 20-foot drainage and utility easement, acceptable to the City 2. Applicant shall relocate the existing sanitary sewer line to the new easement at the standards; and 3. The applicant shall reimburse the Clearwater Gas System for all s incurred by relocating the existing gas line; and 4. This vacation ordinance shall be rendered null and void if any o conditions are not met within one (1) year of the date of adoption of this ordinance. Section 2. The City Clerk shall record this ordinance in the public reco Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _________________________ ______________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________ ______________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Item # 7 Ordinance No.8350 -12 Attachment number 2 \nPage 1 of 3 LOCATION MAP EASEMENT VACATION EASEMENT VACATION SUNSET & HIGHLAND Ordinance #8350-12 Prepared by: Item # 7 Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Map Gen By:CRM Reviewed By: TMDate:6/26/2012 Grid #:261A S-T-R:02-29S-15E Scale:N.T.S. Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Attachment number 2 \nPage 2 of 3 Item # 7 Attachment number 2 \nPage 3 of 3 Item # 7 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Industrial General (IG) and Industrial Limited (IL) and Initial Zoning Atlas Designation of Industrial, Research and Technology (IRT) District for 1907 Calumet Street (consisting of a portion of the Northwest 1/4 of Section 12 and the Southwest 1/4 of Section 1, Township 29 South, Range 15 East); and pass Ordinances 8335-12, 8336-12 and 8337-12 on first reading. (ANX2012-05003) SUMMARY: This voluntary annexation petition involves a 1.07-acre property consisting of one parcel of land that is currently vacant. It is located on the west side of N. Hercules Avenue, lying north of the Seaboard Coastline Railroad. The applicant is requesting this annexation in order to join this parcel with other parcels owned by the applicant located to the west of the subject property. The property is located within an enclave and is contiguous to existing City boundaries to the north and west. It is proposed that the property be assigned Future Land Use Plan designations of Industrial General (IG) and Industrial Limited (IL) and a zoning category of Industrial, Research and Technology (IRT). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property is currently vacant but would receive water service from the City of Clearwater. The closest sanitary sewer line is located north of the property in the adjacent North Hercules Avenue right-of-way, but is not readily available to the property. The applicant is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, water, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the Citys tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. The proposed IG and IL Future Land Use Plan categories are consistent with the current Countywide Plan designation of this property. This designation primarily permits non-residential uses at a maximum intensities of .75 FAR in IG and .65 FAR in IL. The proposed zoning district to be assigned to the property is the Industrial, Research and Technology (IRT) District. The property is currently vacant property and exceeds the Districts minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the Citys Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 8 Attachment number 1 \nPage 1 of 7 Sunset Grove Ln CALUMET ST PROJECT SITE S ST SHERWOOD ST AVE PALMETTOST LOCATION MAP Owner: Instrument Transformers, Inc. Case: ANX2012-05003 Property Site: 1907 Calumet Street 1.07 acres SizeAcres: () Land Use Zoning PIN: 12-29-15-00000-210-0100 From : IG & IL M-1 Light Manufacturing & M-2 Heavy Manufacturing Atlas Page: 262A To: IG & IL IRT Item # 8 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Calumet St 1907 ANX2012-05003 - Instrument Transformers Inc\Maps\ANX2012-05003_Location.doc Attachment number 1 \nPage 2 of 7 AERIAL PHOTOGRAPH Owner: Instrument Transformers, Inc. Case: ANX2012-05003 Property Site: 1907 Calumet Street 1.07 acres SizeAcres: () Land Use Zoning PIN: 12-29-15-00000-210-0100 From : IG & IL M-1 Light Manufacturing & M-2 Heavy Manufacturing Atlas Page: 262A To: IG & IL IRT Item # 8 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Calumet St 1907 ANX2012-05003 - Instrument Transformers Inc\Maps\ANX2012-05003_Aerial.doc Attachment number 1 \nPage 3 of 7 83 1771 100 1715 1700 34/36 34/351 1710 43/01 A 1.26 C(C) A A11.10A C(C) C(C)C(C) 100 1701 21/01 A C(C) 1700 1680 1 1609 2 1607 4 7 23510 3 1600 1605 1609 3 1603 2 1 1597 1 PROPOSED ANNEXATION MAP Owner: Instrument Transformers, Inc. Case: ANX2012-05003 Property Site: 1907 Calumet Street 1.07 acres SizeAcres: () Land Use Zoning PIN: 12-29-15-00000-210-0100 From : IG & IL M-1 Light Manufacturing & M-2 Heavy Manufacturing Atlas Page: 262A To: IG & IL IRT Item # 8 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Calumet St 1907 ANX2012-05003 - Instrument Transformers Inc\Maps\ANX2012-05003_Proposed.doc Attachment number 1 \nPage 4 of 7 P 1771 P 1715 1700 1710 IG IL 1701 IG IL IG 1700 IL IL IG 1680 IL 1609 1607 IL 1600 1605 1609 1603 IG IL 1597 FUTURE LAND USE MAP Owner: Instrument Transformers, Inc. Case: ANX2012-05003 Property Site: 1907 Calumet Street 1.07 acres SizeAcres: () Land Use Zoning PIN: 12-29-15-00000-210-0100 From : IG & IL M-1 Light Manufacturing & M-2 Heavy Manufacturing Atlas Page: 262A To: IG & IL IRT Item # 8 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Calumet St 1907 ANX2012-05003 - Instrument Transformers Inc\Maps\ANX2012-05003_FLUM.doc Attachment number 1 \nPage 5 of 7 1771 1715 1700 1710 IRT 1701 IRT 1700 1680 1609 1607 1600 1605 1609 1603 1597 ZONING MAP Owner: Instrument Transformers, Inc. Case: ANX2012-05003 Property Site: 1907 Calumet Street 1.07 acres SizeAcres: () Land Use Zoning PIN: 12-29-15-00000-210-0100 From : IG & IL M-1 Light Manufacturing & M-2 Heavy Manufacturing Atlas Page: 262A To: IG & IL IRT Item # 8 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Calumet St 1907 ANX2012-05003 - Instrument Transformers Inc\Maps\ANX2012-05003_Zoning.doc Attachment number 1 \nPage 6 of 7 83 1771 100 1715 Retail Industrial 1700 34/36 34/351 1710 43/01 A 1.26 C(C) A A11.10A C(C) C(C)C(C) 100 1701 Departmentof 21/01 SolidWaste A C(C) 1700 Industrial 1680 Boat 1 1609 2 Storage 1607 4 7 23510 Industrial 3 1600 1605 1609 3 Auto 1603 Repair 2 1 1597 1 EXISTING SURROUNDING USES MAP Owner: Instrument Transformers, Inc. Case: ANX2012-05003 Property Site: 1907 Calumet Street 1.07 acres SizeAcres: () Land Use Zoning PIN: 12-29-15-00000-210-0100 From : IG & IL M-1 Light Manufacturing & M-2 Heavy Manufacturing Atlas Page: 262A To: IG & IL IRT Item # 8 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Calumet St 1907 ANX2012-05003 - Instrument Transformers Inc\Maps\ANX2012-05003_Existing.doc Attachment number 1 \nPage 7 of 7 View looking west at the subject property, 1907 Calumet StreetNorth of the subject property South of the subject propertyAcross N. Hercules Avenue, to the east of the subject property View looking northerly along N. Hercules AvenueView looking southerly along N. Hercules Avenue ANX2012-05003 Item # 8 Instrument Transformers, Inc. 1907 Calumet Street Attachment number 2 \nPage 1 of 4 ORDINANCE NO. 8335-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED NORTH OF THE SEABOARD COASTLINE RAILROAD AND FRONTING ON THE WEST SIDE OF NORTH HERCULES AVENUE, CONSISTING OF A PORTION OF THE NORTHWEST ¼ OF SECTION 12 AND THE SOUTHWEST ¼ OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1907 CALUMET STREET, 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: See attached legal description, Exhibit “A” (ANX2012-05003) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning 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. Item # 8 Ordinance No. 8335-12 Attachment number 2 \nPage 2 of 4 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ ____________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 8 Ordinance No. 8335-12 Attachment number 2 \nPage 3 of 4 EXHIBIT{!| LegalDescriptionforPropertylocatedgenerallyat1907CalumetStreet. ParcelI.D.No.12/29/15/00000/210/0100 AsapointofreferencecommenceattheNortheastcorneroftheNorthwest¼ofSection12,Township 29South,Range15East,PinellasCounty,FloridaandproceedNÀx W,alongtheNorth boundaryofsaidNorthwest¼,adistanceof50.01feettothePOINTOFBEGINNINGandapointonthe WestrightofwaylineofHerculesAvenue;thenceS À W,alongthesaidWestrightofwayline, adistanceof171.55feettoapointontheNortherlyrightofwaylineoftheSeaboardSystemRailroad; thenceNÀx |W,alongsaidNortherlyrightofwayline,adistanceof355.97feet;thenceN À W,adistanceof157.67feet;thenceS À x |E,adistanceof158.35feet;thenceN À x |E,adistanceof212.97feettothePOINTOFBEGINNING.Saidparcelcontains46,327square feetor1.06acresmoreorless. Item # 8 Attachment number 2 \nPage 4 of 4 Item # 8 Attachment number 3 \nPage 1 of 3 ORDINANCE NO. 8336-12 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 NORTH OF THE SEABOARD COASTLINE RAILROAD AND FRONTING ON THE WEST SIDE OF NORTH HERCULES AVENUE CONSISTING OF A PORTION OF THE NORTHWEST ¼ OF SECTION 12 AND THE SOUTHWEST ¼ OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1907 CALUMET STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL GENERAL (IG) AND INDUSTRIAL LIMITED (IL); 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 See attached legal description, Exhibit “A” Industrial General (IG) & (ANX2012-05003) Industrial Limited (IL) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8335-12. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 8 Ordinance No. 8336-12 Attachment number 3 \nPage 2 of 3 EXHIBIT{!| LegalDescriptionforPropertylocatedgenerallyat1907CalumetStreet. ParcelI.D.No.12/29/15/00000/210/0100 AsapointofreferencecommenceattheNortheastcorneroftheNorthwest¼ofSection12,Township 29South,Range15East,PinellasCounty,FloridaandproceedNÀx W,alongtheNorth boundaryofsaidNorthwest¼,adistanceof50.01feettothePOINTOFBEGINNINGandapointonthe WestrightofwaylineofHerculesAvenue;thenceS À W,alongthesaidWestrightofwayline, adistanceof171.55feettoapointontheNortherlyrightofwaylineoftheSeaboardSystemRailroad; thenceNÀx |W,alongsaidNortherlyrightofwayline,adistanceof355.97feet;thenceN À W,adistanceof157.67feet;thenceS À x |E,adistanceof158.35feet;thenceN À x |E,adistanceof212.97feettothePOINTOFBEGINNING.Saidparcelcontains46,327square feetor1.06acresmoreorless. Item # 8 Attachment number 3 \nPage 3 of 3 Item # 8 Attachment number 4 \nPage 1 of 4 ORDINANCE NO. 8337-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED NORTH OF THE SEABOARD COASTLINE RAILROAD AND FRONTING ON THE WEST SIDE OF NORTH HERCULES AVENUE, CONSISTING OF A PORTION OF THE NORTHWEST ¼ OF SECTION 12 AND THE SOUTHWEST ¼ OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1907 CALUMET STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL, RESEARCH AND TECHNOLOGY (IRT); 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 , See attached legal description, Exhibit “A” IndustrialResearch and (ANX2012-05003) Technology (IRT) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8335-12. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Item # 8 Ordinance No. 8337-12 Attachment number 4 \nPage 2 of 4 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 8 Ordinance No. 8337-12 Attachment number 4 \nPage 3 of 4 EXHIBIT{!| LegalDescriptionforPropertylocatedgenerallyat1907CalumetStreet. ParcelI.D.No.12/29/15/00000/210/0100 AsapointofreferencecommenceattheNortheastcorneroftheNorthwest¼ofSection12,Township 29South,Range15East,PinellasCounty,FloridaandproceedNÀx W,alongtheNorth boundaryofsaidNorthwest¼,adistanceof50.01feettothePOINTOFBEGINNINGandapointonthe WestrightofwaylineofHerculesAvenue;thenceS À W,alongthesaidWestrightofwayline, adistanceof171.55feettoapointontheNortherlyrightofwaylineoftheSeaboardSystemRailroad; thenceNÀx |W,alongsaidNortherlyrightofwayline,adistanceof355.97feet;thenceN À W,adistanceof157.67feet;thenceS À x |E,adistanceof158.35feet;thenceN À x |E,adistanceof212.97feettothePOINTOFBEGINNING.Saidparcelcontains46,327square feetor1.06acresmoreorless. Item # 8 Attachment number 4 \nPage 4 of 4 Item # 8 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Development Agreement between Louis Developments LLC (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design; authorize the appropriate officials to execute same and adopt Resolution 12-07. (DVA2012-03001) SUMMARY: The . 1.26 acres is located at the northeast corner of East Shore Drive and Papaya Street The site is comprised of three parcels, two on the east side of East Shore Drive and one on the west side of East Shore Drive. The majority of the site is currently vacant with the remainder of the area developed with three single-story buildings . containing 42 overnight accommodation units The proposal is for an overnight accommodation use of a total of 134 rooms (106 rooms/acre on total site, including the allocation of 71 units from the Hotel Density Reserve) and 6,500 square feet (0.11 FAR on total site) of amenities accessory to the hotel at a height of 85.5 feet (to midpoint of pitched roof of elevator tower). On June 19, 2012, the Community Development Board (CDB) approved with 29 conditions of approval a Flexible Development application for the construction of a 134-unit hotel with accessory restaurant (FLD2012-03008). The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design.The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of 71 units from the Hotel Density Reserve; Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board reviewed this Development Agreement application at its public hearing on June 19, 2012, and unanimously recommended approval of the application. Cover Memo Review Approval: Item # 9 Attachment number 1 \nPage 1 of 30 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the _______ Louis Developments LLC, a Florida day of July, 2012, and entered into between limited liability companyCITY OF ("Developer"), its successors and assigns, and the CLEARWATER, FLORIDA , a municipality of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns and controls approximately 1.26 acres of real property ("Property") in the corporate limits of the City, consisting of 1.26 acres of upland from the face of the seawall more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property by demolishing three single story dated structures used for overnight accommodations in order to add additional overnight accommodation units, a restaurant not to exceed six thousand five hundred (6500) square feet, fifty (50) boat slips without fueling facilities, ground level pool, new lobby, a parking garage and additional remote ground level parking spaces, all of which will generally conform to the architectural elevation dimensions shown in composite WHEREAS, upon completion the planned resort will contain 134 units, which includes Seventy-One (71) units from the available Beach By Design Hotel Density Reserve; and WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2011) and any other applicable law; and Item # 9 Attachment number 1 \nPage 2 of 30 WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City has conducted public hearings as required by §§ 4-206 and 4-606 of the Community Development Code; and WHEREAS, at a duly called public meeting on July 19, 2012, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the City has previously approved the construction of fifty (50) boat slips on the Property, as set forth in and limited by the City in Development Order FLD2009-02009-443-460-462-463 East Shore Drive (the Boat Slip D.O. WHEREAS, the Boat Slip D.O. was extended pursuant to S.B. 360 and subsequent legislative amendments as evidenced by letter of (date) and may be entitle to additional extensions; and WHEREAS, the Community Development Board approved the design and site plan as a Flexible Development on June 19, 2012, conditioned upon the approval and execution of this Agreement; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act . This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. Page 2 Item # 9 Clients\Rogers\DevelopmentAgreement\1-13-12v.1 Attachment number 1 \nPage 3 of 30 SECTION 3. Property Subject to this Agreement . The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2. The Property is owned in fee simple by the Developer. 3.3 The Property is generally located at North East corner of Papaya Street and East Shore Drive, Clearwater, FL 33767, but includes a parcel on the West side of East Shore Drive having an address of 460 and 462 East Shore Drive. The Property is an assemblage of five parcels of land as more fully attached hereto. SECTION 4. Scope of Project. 4.1 The Project shall consist of no more than 134 overnight accommodation units, to be traditional overnight accommodation units. The proposed density is 106.26 units per acre, which is well below the allowed 150 units. 4.2 The Project shall include 201 parking spaces, as defined in the Community Development Code, of which 177 will be provided by a parking garage having 9 spaces on the ground level, and 84 spaces on each the second and the third level, with 24 additional spaces being provided in a remote, ground level parking lot. 4.3 The proposed height of the building is 73.75 feet to the roof deck midpoint of the pitched roof, less than the 80 feet allowed. The elevator tower height of 85.5 feet is allowed pursuant to the height definition in the Code. 4.4 The design of the Project, as repr Beach by Design. 4.5 The Project shall include a fifty (50) slip boat dock, without fueling facilities The Docks have been approved by the City under the Boat Slip D.O. The Finding of Fact and Conditions of Approval in the Boat Slip D.O. as extended are incorporated into this Agreement. A copy of the Boat Slip D.O. as extended 4.6 The project shall comply with the Metropolitan Planning Organization (MPO) countywide approach to the application of concurrency management for transportation facilities. SECTION 5. Effective Date/Duration of this Agreement . 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Economic Opportunity pursuant Page 3 Item # 9 Clients\Rogers\DevelopmentAgreement\1-13-12v.1 Attachment number 1 \nPage 4 of 30 to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4- 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement . 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site and Building Plans attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2012-03008 and the Boat Slip D.O. as extended. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits within one (1) and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Page 4 Item # 9 Clients\Rogers\DevelopmentAgreement\1-13-12v.1 Attachment number 1 \nPage 5 of 30 Code and of the Florida Building Code or from seeking an amendment to this Agreement. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C the accommodation use will closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute and record in the Public Records of Pinellas County, Florida the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to the Reserve Pool. Covenant Regarding Use of Hotel Density Reserve Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 71 hotel units to the Project Site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any of the units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by City and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve Units contained in the City of Clearwater Ordinance No. 7925-08, as amended, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy for the Project, the Developer agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by City and by this Agreement. Page 5 Item # 9 Clients\Rogers\DevelopmentAgreement\1-13-12v.1 Attachment number 1 \nPage 6 of 30 6.1.6 Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. 6.1.7 Docks. The fifty (50) Boat Slips to be constructed on the Property shall be constructed in compliance with the findings and conditions set forth in the Boat Slip D.O. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 Upon adoption of this Agreement, the Project shall receive 71 units from the Hotel Density Reserve as defined in Beach by Design. 6.2.3 It is anticipated that as a condition to the approval of the Project by the City, Developer will be required to construct and maintain a boardwalk along enter upon and traverse the Boardwalk at all times, and to exit the Boardwalk via an easement over the Property in favor of the City (or for the benefit of the public at large) to be located at the north end of the Boardwalk, connecting the Boardwalk to East Shore Drive. Said easement shall include terms and conditions acceptable to the City, and which are typical of such other easements for similar access that are currently in effect between the City (or for the benefit of the public at large) and private land owners. Upon the adoption of this Agreement, City shall enter, in favor of Developer and its successors and assigns, a general indemnification and hold harmless agreement, to be effective upon the issuance of a C.O. for the Project, pursuant to which the City shall indemnify and hold harmless Developer, to the extent allowed by law, from and against any and all claims for injury, death, and damage brought in connection with the use of the Boardwalk by the general public at large; provided, however, that such indemnification and hold harmless agreement shall not relieve Developer of any liability for its negligence in maintaining the Boardwalk, or any willful or wanton acts by Developer or those under the authority or control of Developer. SECTION 7. Public Facilities to Service Development . The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions Page 6 Item # 9 Clients\Rogers\DevelopmentAgreement\1-13-12v.1 Attachment number 1 \nPage 7 of 30 applicable at the time of development approval unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, the City of Clearwater finds that all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of Occupancy. 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits . The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement and is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination . If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as Page 7 Item # 9 Clients\Rogers\DevelopmentAgreement\1-13-12v.1 Attachment number 1 \nPage 8 of 30 a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions . 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law . The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Louis Development LLC 630 South Gulfview Blvd. Clearwater, FL 33767-2642 With Copy to: Northside Engineering Services, Inc. 300 South Belcher Clearwater, FL 33765 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the 3rd day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. Page 8 Item # 9 Clients\Rogers\DevelopmentAgreement\1-13-12v.1 Attachment number 1 \nPage 9 of 30 SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. Page 9 Item # 9 Clients\Rogers\DevelopmentAgreement\1-13-12v.1 Attachment number 1 \nPage 10 of 30 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance . The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation . The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals . Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement . Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement . This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction . The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity . If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or Page 10 Item # 9 Clients\Rogers\DevelopmentAgreement\1-13-12v.1 Attachment number 1 \nPage 11 of 30 provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments . Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law . This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts . This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment . This Agreement may be amended by mutual written consent of the City, the Developer, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. [ remainder of this page is blank signature page follows ] Page 11 Item # 9 Clients\Rogers\DevelopmentAgreement\1-13-12v.1 Attachment number 1 \nPage 12 of 30 IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: LOUIS DEVELOPMENTS, LLC _______________________________ By:_________________________________ Print Name:______________________ Elias Anastosopoulos, as Manager/Member ______________________________ Print Name_____________________ CITY OF CLEARWATER, FLORIDA _______________________________ By:_________________________________ Print Name:______________________ William B. Horne II, City Manager ________________________________ Print Name_______________________ Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Page 12 Item # 9 Clients\Rogers\DevelopmentAgreement\1-13-12v.1 Attachment number 1 \nPage 13 of 30 Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2012, by _______________ He is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2012, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expire Page 13 Item # 9 Clients\Rogers\DevelopmentAgreement\1-13-12v.1 Attachment number 1 \nPage 14 of 30 Legal Description for Properties located generally at 443 East Shore Drive Parcel I.D. No. 08/29/15/1634/003/0100 LOTS 8 12, BLOCK C WITH RIPARIAN RIGHTS, TOGETHER WITH LOTS 10 & 11, BLOCK B, A RE-PLAT OF BLOCK PARK FIRST ADDITION, AS RECORDED IN PLAT BOOK 21, PAGE(S) 21, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA Item # 9 Attachment number 1 \nPage 15 of 30 Site and Building Plans Item # 9 Attachment number 1 \nPage 16 of 30 Item # 9 Attachment number 1 \nPage 17 of 30 Item # 9 Attachment number 1 \nPage 18 of 30 Item # 9 Attachment number 1 \nPage 19 of 30 Item # 9 Attachment number 1 \nPage 20 of 30 COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the Louis Developments, LLC _____ day of _________________, 2012, by ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District an for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-sized quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution 12-07, passed and approved on July 19, 2012, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: Item # 9 Attachment number 1 \nPage 21 of 30 2.1.1 A maximum of Seventy-One units, which is the number of hotel units allocated to Developer, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No such hotel unit shall be used as a primary or permanent residence. 2.1.2 All other 63 units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2004). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the, terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to e invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. [ remainder of this page is blank signature page follows ] Item # 9 Attachment number 1 \nPage 22 of 30 IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this _____ day of ______________, 2012. In the Presence of: LOUIS DEVELOPMENTS, LLC _______________________________ By:_________________________________ Print Name:______________________ Eilas Anastasopoulos, as Manager/Member ______________________________ Print Name_____________________ CITY OF CLEARWATER, FLORIDA _______________________________ By: ____ Print Name:______________________ William B. Horne II, City Manager ________________________________ Print Name_______________________ Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS Item # 9 Attachment number 1 \nPage 23 of 30 The foregoing instrument was acknowledged before me this _____ day of _______________, 2012, by _______________ He is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2012, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: Item # 9 Attachment number 1 \nPage 24 of 30 COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _____ day of _____________, 2012, by Louis Developments, LLC ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated ___________, 2012 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by a different, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this _____ day of ______________, 2012. Item # 9 Attachment number 1 \nPage 25 of 30 In the Presence of: LOUIS DEVELOPMENTS, LLC _______________________________ By:_________________________________ Print Name:______________________ Elias Anastasopoulosas its Manager/Member ______________________________ Print Name_____________________ As CITY OF CLEARWATER, FLORIDA _______________________________ By: ____ Print Name:______________________ William B. Horne II, City Manager ________________________________ Print Name_______________________ Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of ______________, 2012, by ___________________________ He is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: Item # 9 Attachment number 1 \nPage 26 of 30 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2012, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: Item # 9 Attachment number 1 \nPage 27 of 30 Item # 9 Attachment number 1 \nPage 28 of 30 Item # 9 Attachment number 1 \nPage 29 of 30 Item # 9 Attachment number 1 \nPage 30 of 30 Item # 9 Attachment number 2 \nPage 1 of 1 Item # 9 Attachment number 3 \nPage 1 of 4 Item # 9 Attachment number 3 \nPage 2 of 4 Item # 9 Attachment number 3 \nPage 3 of 4 Item # 9 Attachment number 3 \nPage 4 of 4 Item # 9 Attachment number 4 \nPage 1 of 5 KENDALL BAYMONT PROJECT PROJECT SITE SITE PAPAYAST LOCATION MAP Owner:Louis Development LLC Case: DVA2012-03001/ FLD2012- 03008 Site: 443, 462 and 463, East Shore Property Size: 1.26 acres PIN: 08-29-15-16434-003-0080, 08-29-15-16434-Atlas Page: 267A 003-0100, 08-29-15-16434-002-0100 Item # 9 Attachment number 4 \nPage 2 of 5 AERIAL MAP Owner: Louis Development LLC Case: DVA2012-03001/ FLD2012- 03008 Site: 443, 462 and 463, East Shore Property Size: 1.26 acres PIN: 08-29-15-16434-003-0080, 08-29-15-16434-Atlas Page: 267A 003-0100, 08-29-15-16434-002-0100 Item # 9 Attachment number 4 \nPage 3 of 5 HDR 500 499 495 483 489 492 487 490 485 479 479 483 477 484 480 475 475 472 473 473 471 467 466 469 T 462 465 457 463 460 453 453454 T 451 451 452 T 449 450 449 448 447 446 443 443 440 P 435 433 432 431 430 429 439 427Meter 423 429 415 413 411 409 407 405 403A 403 ZONING MAP Owner: Louis Development LLC Case: DVA2012-03001/ FLD2012- 03008 Site: 443, 462 and 463, East Shore Property Size: 1.26 acres PIN: 08-29-15-16434-003-0080, 08-29-15-16434-Atlas Page: 267A 003-0100, 08-29-15-16434-002-0100 Item # 9 Attachment number 4 \nPage 4 of 5 500 Retail 57 45 499 58 1 44 495 1 59 483 489 43 492 60 2 487 422 61 41 Detached Hotel 62 490 3 3 485 40 63 479 Dwellings 64 2 39 479 1 4 483 4 38 477 Retail/ 484 86480 37 5 5 480 36 Restaurant 35 Attached 6 475 475 6 Hotel 34 B 5 Dwellings 33 7 7 32 Hotel 6 472 473 473 31 88 1 30 471 Retail 7 29 467 72 466 469 9 9 28 27 8 74 B 10 10 462 465 26 75 457 76 119 11 463 460 24 77 23 453 453454 12 12 Duplex 451 22 451 10 452 79 CLEARWATER 449 450 21 80 13 449 20 448 81 11 447 Restaurant 1414 Hotel 446 443 12 15 15 84 443 440 85 1 Restaurant 435 42 1 1 1 Office Hotel 2 433 3 2 2 432 431 41 4 430 Apartments 429 5 439 40 3 3 427Meter 6 7 4 39 4 8 Hotel 423 9 Apartments 429 38 5 5 10 6 37 415 413 36 411 409 407 405 403A 403 EXISTING SURROUNDING USES MAP Owner: Louis Development LLC Case: DVA2012-03001/ FLD2012- 03008 Site: 443, 462 and 463, East Shore Property Size: 1.26 acres PIN: 08-29-15-16434-003-0080, 08-29-15-16434-Atlas Page: 267A 003-0100, 08-29-15-16434-002-0100 Item # 9 View looking north from the subject property View looking northeast at the proposed hotel portion of the subject property View looking south from the subject property View of existing overnight accommodations on the proposed hotel portion of the subject property View of existing overnight accommodations on the View looking east from the proposed hotel portion of . proposed parking lot portion of the subject propertythe subject property 443 East Shore Drive Item # 9 Cases DVA2012-03001/ FLD2012-03008 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8313-12 on second reading, amending the Community Development Code to clarify exceptions for granting increased density; renaming Section 3-920 Affordable Housing Incentives; adding an affordable housing density bonus and parking incentives and associated qualifying criteria; adding definitions for affordable housing unit, dwelling, affordable housing bonus density, and dwelling reserved affordable housing. SUMMARY: Review Approval: Cover Memo Item # 10 Attachment number 1 \nPage 1 of 10 Item # 10 Attachment number 1 \nPage 2 of 10 Item # 10 Attachment number 1 \nPage 3 of 10 Item # 10 Attachment number 1 \nPage 4 of 10 Item # 10 Attachment number 1 \nPage 5 of 10 Item # 10 Attachment number 1 \nPage 6 of 10 Item # 10 Attachment number 1 \nPage 7 of 10 Item # 10 Attachment number 1 \nPage 8 of 10 Item # 10 Attachment number 1 \nPage 9 of 10 Item # 10 Attachment number 1 \nPage 10 of 10 Item # 10 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8331-12 on second reading, amending the Community Development Code to provide for outdoor cafes within certain areas of Beachwalk; authorizing alcoholic beverages in outdoor cafes under certain circumstances. SUMMARY: Review Approval: Cover Memo Item # 11 Attachment number 1 \nPage 1 of 3 Item # 11 Attachment number 1 \nPage 2 of 3 Item # 11 Attachment number 1 \nPage 3 of 3 Item # 11 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8333-12 on second reading, amending and restating the provisions of Chapter 2, Article V., Division 3., of the City of Clearwater Code of Ordinances, adopting a revised Employees Pension Plan; calling for a referendum election relating to the pension plan and providing a referendum question to appear on the ballot for said referendum. SUMMARY: Review Approval: Cover Memo Item # 12 Attachment number 1 \nPage 1 of 82 Item # 12 Attachment number 1 \nPage 2 of 82 Item # 12 Attachment number 1 \nPage 3 of 82 Item # 12 Attachment number 1 \nPage 4 of 82 Item # 12 Attachment number 1 \nPage 5 of 82 Item # 12 Attachment number 1 \nPage 6 of 82 Item # 12 Attachment number 1 \nPage 7 of 82 Item # 12 Attachment number 1 \nPage 8 of 82 Item # 12 Attachment number 1 \nPage 9 of 82 Item # 12 Attachment number 1 \nPage 10 of 82 Item # 12 Attachment number 1 \nPage 11 of 82 Item # 12 Attachment number 1 \nPage 12 of 82 Item # 12 Attachment number 1 \nPage 13 of 82 Item # 12 Attachment number 1 \nPage 14 of 82 Item # 12 Attachment number 1 \nPage 15 of 82 Item # 12 Attachment number 1 \nPage 16 of 82 Item # 12 Attachment number 1 \nPage 17 of 82 Item # 12 Attachment number 1 \nPage 18 of 82 Item # 12 Attachment number 1 \nPage 19 of 82 Item # 12 Attachment number 1 \nPage 20 of 82 Item # 12 Attachment number 1 \nPage 21 of 82 Item # 12 Attachment number 1 \nPage 22 of 82 Item # 12 Attachment number 1 \nPage 23 of 82 Item # 12 Attachment number 1 \nPage 24 of 82 Item # 12 Attachment number 1 \nPage 25 of 82 Item # 12 Attachment number 1 \nPage 26 of 82 Item # 12 Attachment number 1 \nPage 27 of 82 Item # 12 Attachment number 1 \nPage 28 of 82 Item # 12 Attachment number 1 \nPage 29 of 82 Item # 12 Attachment number 1 \nPage 30 of 82 Item # 12 Attachment number 1 \nPage 31 of 82 Item # 12 Attachment number 1 \nPage 32 of 82 Item # 12 Attachment number 1 \nPage 33 of 82 Item # 12 Attachment number 1 \nPage 34 of 82 Item # 12 Attachment number 1 \nPage 35 of 82 Item # 12 Attachment number 1 \nPage 36 of 82 Item # 12 Attachment number 1 \nPage 37 of 82 Item # 12 Attachment number 1 \nPage 38 of 82 Item # 12 Attachment number 1 \nPage 39 of 82 Item # 12 Attachment number 1 \nPage 40 of 82 Item # 12 Attachment number 1 \nPage 41 of 82 Item # 12 Attachment number 1 \nPage 42 of 82 Item # 12 Attachment number 1 \nPage 43 of 82 Item # 12 Attachment number 1 \nPage 44 of 82 Item # 12 Attachment number 1 \nPage 45 of 82 Item # 12 Attachment number 1 \nPage 46 of 82 Item # 12 Attachment number 1 \nPage 47 of 82 Item # 12 Attachment number 1 \nPage 48 of 82 Item # 12 Attachment number 1 \nPage 49 of 82 Item # 12 Attachment number 1 \nPage 50 of 82 Item # 12 Attachment number 1 \nPage 51 of 82 Item # 12 Attachment number 1 \nPage 52 of 82 Item # 12 Attachment number 1 \nPage 53 of 82 Item # 12 Attachment number 1 \nPage 54 of 82 Item # 12 Attachment number 1 \nPage 55 of 82 Item # 12 Attachment number 1 \nPage 56 of 82 Item # 12 Attachment number 1 \nPage 57 of 82 Item # 12 Attachment number 1 \nPage 58 of 82 Item # 12 Attachment number 1 \nPage 59 of 82 Item # 12 Attachment number 1 \nPage 60 of 82 Item # 12 Attachment number 1 \nPage 61 of 82 Item # 12 Attachment number 1 \nPage 62 of 82 Item # 12 Attachment number 1 \nPage 63 of 82 Item # 12 Attachment number 1 \nPage 64 of 82 Item # 12 Attachment number 1 \nPage 65 of 82 Item # 12 Attachment number 1 \nPage 66 of 82 Item # 12 Attachment number 1 \nPage 67 of 82 Item # 12 Attachment number 1 \nPage 68 of 82 Item # 12 Attachment number 1 \nPage 69 of 82 Item # 12 Attachment number 1 \nPage 70 of 82 Item # 12 Attachment number 1 \nPage 71 of 82 Item # 12 Attachment number 1 \nPage 72 of 82 Item # 12 Attachment number 1 \nPage 73 of 82 Item # 12 Attachment number 1 \nPage 74 of 82 Item # 12 Attachment number 1 \nPage 75 of 82 Item # 12 Attachment number 1 \nPage 76 of 82 Item # 12 Attachment number 1 \nPage 77 of 82 Item # 12 Attachment number 1 \nPage 78 of 82 Item # 12 Attachment number 1 \nPage 79 of 82 Item # 12 Attachment number 1 \nPage 80 of 82 Item # 12 Attachment number 1 \nPage 81 of 82 Item # 12 Attachment number 1 \nPage 82 of 82 Item # 12 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8339-12 on second reading, rescinding Ordinance 7650-06 which vacated, with conditions, the five-foot utility easement lying along the south property line of Lot 1 and the west 22.71 feet of Lot 2, Sunnydale Subdivision, and vacated the ten- foot alley lying adjacent to the north property lines of Lots 2,6,7, and the west fifteen feet of Lot 8, Sunset Point Replat because conditions were not met. SUMMARY: Review Approval: Cover Memo Item # 13 Attachment number 1 \nPage 1 of 2 Item # 13 Attachment number 1 \nPage 2 of 2 Item # 13 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8340-12 on second reading, amending Chapter 22, Parks, Beaches, Recreation by modifying park hours for various parks or portions thereof; limiting bathing to recreation facilities specifically set aside for such purpose; eliminating references to bathhouses; prohibiting camping on any public beach or park except by special event permit; allowing the training and use of service animals on public beaches and park property; replacing a reference to Clearwater Executive Golf Course with the Landings Golf Club and replacing all references to City Commission with City Council; and eliminating references to reserved sections of the Code of Ordinances. SUMMARY: Review Approval: Cover Memo Item # 14 Attachment number 1 \nPage 1 of 9 Item # 14 Attachment number 1 \nPage 2 of 9 Item # 14 Attachment number 1 \nPage 3 of 9 Item # 14 Attachment number 1 \nPage 4 of 9 Item # 14 Attachment number 1 \nPage 5 of 9 Item # 14 Attachment number 1 \nPage 6 of 9 Item # 14 Attachment number 1 \nPage 7 of 9 Item # 14 Attachment number 1 \nPage 8 of 9 Item # 14 Attachment number 1 \nPage 9 of 9 Item # 14 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8341-12 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2012 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Special Development Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Parking Fund, Administrative Services Fund, General Services Fund, and Central Insurance Fund. SUMMARY: Review Approval: Cover Memo Item # 15 Attachment number 1 \nPage 1 of 1 Item # 15 Attachment number 2 \nPage 1 of 2 Item # 15 Attachment number 2 \nPage 2 of 2 Item # 15 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8342-12 on second reading, amending the capital Improvement Budget for the Fiscal year ending September 30, 2012, to reflect a net increase of $2,709,176. SUMMARY: Review Approval: Cover Memo Item # 16 Attachment number 1 \nPage 1 of 1 Item # 16 Attachment number 2 \nPage 1 of 2 Item # 16 Attachment number 2 \nPage 2 of 2 Item # 16 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8344-12 on second reading, adding violations of Chapter 22 to those violations that are punishable by a fine of up to $500.00, a term of imprisonment not exceeding 60 days, or by both a fine and imprisonment, as may be imposed by the County Court. SUMMARY: Review Approval: Cover Memo Item # 17 Attachment number 1 \nPage 1 of 2 Item # 17 Attachment number 1 \nPage 2 of 2 Item # 17 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Declare seventeen (17) Medtronic Lifepak 12 Cardiac Monitors/Defibrillators surplus to the needs of the City, authorize donation to the Pinellas County Emergency Medical Services (EMS) Authority, and authorize the appropriate officials to execute same. (consent) SUMMARY: Cardiac defibrillators are required equipment on the departments rescue units and advanced life support (ALS) fire engines. Two of these monitors have reached the end of their recommended useful lives and the rest will reach that point in 2012 and the Fall of 2013. Pinellas County (County), acting as the EMS Authority, has selected a different monitor, the Phillips MRx Monitor, as the replacement monitor throughout the district. Under the current EMS agreement, the County has provided Clearwater Fire and Rescue (CFR) with eight monitors for use on our funded units. In a desire to standardize equipment and for CFR not to have two service platforms, the Phillips and the Medtronic, until the Fall of 2013, the County has provided an additional nine monitors. CFRs approved 2012 Capital Improvement Plan and the proposed 2013 and 2014 plans contain $333,580 in lease purchase funding to provide equipment for our unfunded units or other department needed monitors that would no longer be required. The book value of the 17 dated monitors is $121,572.54. The County would use the donated equipment toward a trade-in allowance of $76,500 on the new equipment. CFR has been testing the Phillips monitor and found it adequate to our needs. Review Approval: Cover Memo Item # 18 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize the increase of Blanket Purchase Order BR507677P to Office Depot, awarded by the City Manager, from $100,000 to $220,000, for the period November 1, 2011 through October 31, 2012, in accordance with Sec. 2.564 (1)(d) Code of Ordinances - Other Governmental Bid, and authorize the appropriate officials to execute same. (consent) SUMMARY: This Blanket Purchase Order is a piggyback of Florida State Contract 618-000-11-1, which covers the period October 18, 2010 through October 17, 2013. The City Manager approved Blanket Purchase Order BR507677P for $100,000 for the contract period November 1, 2011 through October 31, 2012. BPO BR507677P is close to running out of available funds, and the request for the additional $120,000 should provide sufficient funding to the October 31, 2012 expiration date. This contract covers the purchase of miscellaneous office supplies for use by all City Departments. The requested increase is the result of City Departments utilizing Office Depot for office supplies to a greater extent than anticipated, relative to other office supply vendors. Type: Operating Expenditure Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $120,000.00 Not to Exceed:Total Cost: $120,000.00 For Fiscal Year: 10/1/2011 to 9/30/2012 Appropriation CodeAmountAppropriation Comment 0555-00000-141100-000- 0000 Review Approval: Cover Memo Item # 19 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve funding not to exceed $822,490 to properly close a landfill site known as the Phillip Jones Park; renovate the site to be used for youth sports, primarily as a football stadium from unrestricted Solid Waste funds and establish a new Capital Improvement Project entitled Phillip Jones Park Renovations (CIP 315-93631). (consent) SUMMARY: The Phillip Jones Park located north of Russell Street has been used for more than 50 years by the youth of Clearwater, in specific youth from the North Greenwood Communities for youth sports, primarily football. This park has been renovated and improved several times during its span of use. Due to ongoing environmental assessment work, the park has been closed to the community for the last two years. The Environmental Division of the Engineering Department has taken the lead on determining if there were any environmental issues involving this property and if necessary, what course of action was needed to mitigate the situation. The City has contracted with Geosyntec Consultants to assist the City in working through the FDEP (Florida Department of Environmental Protection) permitting and requirements needed to address the issues at Phillip Jones. After extensive research and testing of the soil it has been determined that the Phillip Jones site and surrounding areas were used as a disposal site. The site and surrounding areas were initially low-lying property along Stevenson Creek that was frequently under water. The site and surrounding areas were filled and developed over the years, with all fill activity ending in the late 1960s. It is believed that fill for the Phillip Jones Park, which was filled prior to the mid-1950s, included incinerator ash from an old incinerator operated by the Citys Solid Waste Department near Hart and Myrtle, immediately adjacent to the former Clearwater manufactured gas plant. FDEP has agreed to allow the City to address the site as an old landfill site and, as such, the City will need to close and cap the areas filled with incinerator ash properly, beginning with the Park site first. This will require the relocation of some soil on the site, regrading, and then covering the entire site with two feet of clean fill material. The two feet of fill and grading associated with the fill for the Phillip Jones Park will be designed to restore the football field so that it can once again be used by the youth of Clearwater. Preliminary estimates for this phase of the project range from a low of $528,490 to $822,490 depending on the extent and cost of the clean fill, placement and compaction of the clean fill, regrading the existing field topography, and resodding and restoration of the site as a football field, including necessary irrigation and lighting. This project will include the complete renovation of the current football field, fencing, bleachers, press box, parking, goal posts and other miscellaneous site amenities. Staff is recommending that funding from Solid Waste be used for this project since the past Solid Waste Department used this park as a disposal site for ash. A third quarter budget amendment will establish capital project 315-93631, Phillip Jones Park Renovations, with a transfer of $822,490 from the Solid Waste Fund. Type: Capital expenditure Current Year Budget?:Budget Adjustment: NoYes Cover Memo Budget Adjustment Comments: Item # 20 Funds to come from Solid Waste since it was previously used as a dumping site for ash. Current Year Cost:Annual Operating Cost: $822,490-0- Not to Exceed:Total Cost: $822,490$822,490 For Fiscal Year: 2011 to 2012 Appropriation CodeAmountAppropriation Comment 315-93631$822,490 Bid Required?:Bid Number: No Other Bid / Contract:Bid Exceptions: None Review Approval: Cover Memo Item # 20 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve acceptance of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant in the amount of $60,658; additional .75 Full Time Equivalent Position (FTE), and authorize the appropriate officials to execute same. (consent) SUMMARY: On May 3, 2012, Clearwater Police Department (CPD) was granted approval by the City Council to submit a grant application in the amount of $60,658 under the federal Justice Assistance Grant (JAG) program to continue its successful Report Review Team Program. The Program was launched last year with funding from the departments 2011 JAG grant. The Police Department now seeks approval to accept the grant and to add the additional full-time equivalent positions. The 2012 JAG grant will fund the salary and benefits of 1.43 full-time equivalent report reviewer positions. This is based on a maximum of 90 hours per week to be shared among three employees for a total of 2,967 hours annually. Based on the Pay Plan and using an hourly wage of $18.9949, salary costs are estimated at $56,358, with benefit costs for social security at $4,311. The total estimated cost is $60,669, which is $11 more than the grant award. Any difference between the grant award and the actual expenditures of the RRT Program will be funded from the Investigative Cost Recovery project. An additional part-time person will be added for this next phase of the program, and will be funded from Investigative Cost Recovery funding. Any difference in the hours between the Fiscal Year 2011 and Fiscal Year 2012 grant will also be funded from Investigative Cost Recovery funding. The additional person is equivalent to .75 FTE. For these additions, using an hourly wage of $18.9949, salary costs are estimated at $42,416, with benefit costs for social security at $3,245. The total estimated cost is $45,660, all of which will be funded with Investigative Cost Recovery funding. The total cost of the program will be $106,330 with $60,658 being funding with the Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant and the remaining $45,672 funded with Investigative Cost Recovery funding. This figure includes the $11 over the grant award that is referenced above. There is no mandatory match for this grant. The $45,672 from the Investigative Cost Recovery fund will be reflected in the grant budget as a voluntary match. There is no retention requirement associated with this grant and the additional positions will be eliminated when grant funding expires. Cover Memo There will be no direct adverse impact to the Police Department annual operating budget nor is there a required Item # 21 match. Should the RRT Program continue to be successful, it is proposed that subsequent years be funded through the same grant or the Investigative Cost Recovery project. Special project number 181-99248, 2012 Report Review Team Program, will be established to account for the grant expenditures. In addition, Special Project 181-99247, 2012 RRT-Invest Cost Recovery, will be established to fund the Investigative Cost Recovery portion of the grant. A Third Quarter Budget Amendment will transfer $45,672 of Fines, Forfeitures and Penalties from 181-99329, Investigative Cost Recovery, to 181-99247, 2012 RRT-Invest. Recovery Cost. Type: Other Current Year Budget?:Budget Adjustment: NoneNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $ 0.00$ 45,672 Not to Exceed:Total Cost: $106,330 For Fiscal Year: 2013 to 2014 Appropriation CodeAmountAppropriation Comment 181-99248$60,658to be established to account for grant expenditures 181-99247$45,672A Third Quarter Budget Amendment will transfer $45,672 of Fines, Forfeitures and Penalties from 181- 99329, Investigative Cost Recovery, to 181-99247, 2012 RRT-Invest. Recovery Cost. Review Approval: Cover Memo Item # 21 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a no-cost Licensing Agreement between the Vera Institute of Justice (Vera), 233 Broadway, New York, New York 10279, and the City of Clearwater (City) to permit usage of City photographs in the development of a Vera publication regarding its Engaging Police in Immigrant Communities project, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Vera Institute of Justice (Vera), founded in 1961, is an independent, non-partisan, non- profit organization that combines expertise in research, technical assistance, and demonstration projects to assist leaders in government and civil society, examine justice policy and practice, and improve the systems people rely on for justice and safety. Vera has offices in New York City, Washington, DC, and New Orleans. Its projects and reform initiatives, typically conducted in partnership with local, state, or national officials, are located across the United States and around the world. Recognizing that differing cultural norms and fear of police can be barriers to the trust and confidence needed for law enforcement agencies to serve immigrant communities, Vera works with community members, government and law enforcement officials to help police cultivate, maintain, and in some cases, restore partnerships with immigrant communities. The Vera projects also identify and disseminate information about promising practices and practical strategies for enhancing police-immigrant collaboration. As part of this effort, Vera wishes to include photographs that will be printed and distributed as part of its publication in support of the Immigrant Communities project. The publication, as yet untitled, will describe promising programs and practices that law enforcement agencies around the country can use to successfully build relationships between law enforcement agencies and immigrant communities. During a recent visit and tour of the InterCultural Advocacy Institute, Inc. (Hispanic Outreach Center) and the City of Clearwater departments, pictures were taken depicting camaraderie between the Clearwater Police Department and the Hispanic community. The City hereby grants Vera a license to reproduce, use, display, distribute and make derivative works of the Clearwater Police Departments photographs (the Materials). This License will entitle Vera to include the Materials in the publication. This License also entitles Vera for any non-commercial purpose, to include the Materials in other Vera publications, to post the Materials on Veras website, and to use them on the web and in other media. Cover Memo Vera may not use or publish the Materials in connection with any commercial purpose. The Item # 22 License is perpetual, worldwide, non-exclusive, and royalty-free. Vera may exercise its rights under the License in all media and formats, whether now known or hereafter devised, and may make such modifications as are technically necessary to exercise these rights in other media and formats. There will be no monetary exchange for this License. Vera will acknowledge the Clearwater Police Department when Vera reproduces, uses, displays, distributes, and makes derivative works of the Materials. This agreement may only be amended in writing signed by Vera and the City. Type: Other Current Year Budget?:Budget Adjustment: NoneNone Budget Adjustment Comments: None Current Year Cost:Annual Operating Cost: $ 0.00$ 0.00 Not to Exceed:Total Cost: $ 0.00 For Fiscal Year: to Appropriation CodeAmountAppropriation Comment N/A Review Approval: Cover Memo Item # 22 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Joint Use Agreement, which replaces the existing Licensing Agreement between the Tampa Division of the Federal Bureau of Investigation (FBI) and the City of Clearwater (City), concerning the use of the Clearwater Police Department District III Training Facility (Premises), located at 2851 North McMullen Booth Road, Clearwater, Florida, and authorize the appropriate officials to execute same. (consent) SUMMARY: The FBI has requested use of the Police Departments District III Training Facility, including available parking, to conduct firearms qualifications and tactical training during such days and dates as is mutually agreeable with the understanding that the Police Department will have priority use of the Premises for its own training purposes. The FBI wants to make substantial improvements to the training facility for the benefit of its agents; and requests City approval to enter into a new Agreement for ten (10) years before making improvements. The attached Joint Use Facility Agreement will replace the existing Licensing Agreement. The FBI agrees to indemnify and to hold harmless the City of Clearwater from any and all liability, including attorneys fees, resulting from injury to persons or property arising from the FBIs use of the Premises in an amount not to exceed $3 million. If damages exceed $3 million, the FBI will request additional appropriations from the U.S. Congress to make the City of Clearwater whole. The FBI and the Police Department will assign points of contact (POCs) for this agreement. The POCs will address and resolve all issues related to the License Agreement. The parties agree to coordinate safety issues, jurisdictional matters, and other issues through their designated POC. All activities of the Parties under this agreement will be carried out in accordance with the terms and conditions of the Joint Use Facility Agreement to become effective upon signatures of all parties, and will remain in effect for ten (10) years. Appropriation CodeAmountAppropriation Comment N/A Review Approval: Cover Memo Item # 23 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve renewal of the Interlocal Agreement between the City of Clearwater and Pinellas County to allow the County to purchase bulk reclaimed water from the City and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 15, 2000, the City of Clearwater (City) entered into an agreement with Pinellas County (County) for a term of ten (10) years to supply a minimum of three (3) million gallons per day (mgd) of reclaimed water to the County, which was being discharged into Tampa Bay. Under the terms of that agreement, the County agreed to construct, operate and maintain all necessary infrastructure for the transmission, storage and pumping of the reclaimed water purchased from the City. The purchase of reclaimed water was agreed to be at a wholesale rate of $0.10 per thousand gallons. That Agreement expired February 16, 2012. The County has constructed and is maintaining all necessary infrastructure to facilitate the purchase. In 2011, the annual average daily quantity of reclaimed water purchased from the City was 1.7 mgd. Both City and County staff agree that it is in the best interest of both parties to continue the wholesale supply of reclaimed water from the City to the County. City and County staffs have negotiated to renew the agreement. The term of the Agreement is for 10 years with three 5-year renewals. The Agreement may be terminated by either party with 180 days of written notice. The City agrees to provide the target volume of 3 million gallons per day at the new wholesale rate of $0.15 per thousand gallons. The new Interlocal Agreement will commence on July 20, 2012 and expire on July 19, 2022, and allows for a daily target volume of reclaimed water purchase of 3 million gallons per day. In 2011, the City of Clearwater produced 13.6 mgd of reclaimed water; 4.05 mgd was utilized by the residents of Clearwater; and 1.7 mgd was sold to the County. The remaining volume was discharged to local surface waters as allowed by permit. The volume of reclaimed water offered by this agreement for wholesale purchase to the County is projected as excess through the term of the agreement. There is no cost to the City associated with this item. Review Approval: Cover Memo Item # 24 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ratify and Confirm Change Order 2 for the Marshall Street Water Reclamation Facility (WRF) Rapid Sand Filter Rehabilitation project (09-0045-UT) to add a 113-day time extension to the contract for additional unforeseen work. (consent) SUMMARY: The Sand Filter rehabilitation project included replacement of underdrain cores and grating for 2 of the 12 filters. As the contractor brought the old filters off line and inspected their components, it was discovered the filter underdrain cores and grating had deteriorated more than anticipated. Change Order 1, approved by council in January 2012, covered the cost of $455,222, for complete replacement of all the underdrain cores and grating in the plants twelve filters. In addition, filter clips were replaced due to unanticipated deterioration, necessitating additional time. Time was not included in Change Order 1 in anticipation that additional time added administratively (a maximum of 59 days) would be sufficient. More time was required due to longer than expected procurement time. This change order has no increase in funding. August 17, 2012 is the revised substantial completion date pending approval of this Change Order. The Public Utilities Department shall own and maintain the proposed improvements included in this Change Order. Review Approval: Cover Memo Item # 25 Attachment number 1 \nPage 1 of 2 Item # 25 Attachment number 1 \nPage 2 of 2 Item # 25 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to Wharton-Smith, Inc. of Sanford, Florida, to rehabilitate clarifiers 1-4 at the Marshall Street Water Reclamation Facility (WRF) in the amount of $1,789,887.00, which is the lowest responsible bid received in accordance with plans and specifications; approve a work order to Engineer of Record, King Engineering Associates, Inc. in the amount of $175,994.00 to provide Engineering Services during construction and field observation for a total funding of $ 1,965,881.00; and authorize the appropriate officials to execute same. (consent) SUMMARY: The project scope includes rehabilitating four (4) existing clarifiers at the Marshall Street WRF. The clarifier internal components and structural steel have corroded and are in need of replacement. The Marshall project is an outcome of a previous evaluation with recommended improvements to all the citys clarifiers. Four clarifiers at the Northeast WRF are currently being rehabilitated. The remaining four clarifiers at Northeast and two at the East WRF are scheduled for rehab over the next two years. Wharton-Smith is the lowest responsible bidder by ~14% and is 15% less than the final Engineers estimate. Although another contractor submitted a lower bid, review of their bid indicated that it did not include all of the required work. It was therefore determined to be in the best interest of the City to allow the contractor to withdraw their bid. King Engineering Associates, Inc. was the design consultant for this project and will provide engineering services and field observation upon approval of the work order. King reviewed Wharton-Smiths bid and has provided a recommendation of award. The City obtained a U.S. Environmental Protection Agency (EPA) grant for $485,000 for construction of the clarifier rehabilitation. King Engineerings sub-consultant, Angie Brewer and Associates (ABA), will provide grant administrative services. ABA has reviewed the contract and bid for conformance with EPA requirements and concurs on recommendation of award to Wharton-Smith. The construction phase is anticipated to take twelve months and is scheduled for completion by October 31, 2013. The project includes $417,000 (30% of construction cost) worth of Owner Direct Purchased equipment resulting in a tax savings valued at $25,070. The Public Utilities Department shall own and maintain the proposed improvements included in this contract. Third quarter amendments will transfer Sewer Revenue (388420) from Capital Improvement Program (CIP) projects in amounts of $300,369.40 from 0315-96664, WPC R and R and $1,665,511.60 from 0315-96611, Biosolids Treatment to 0315-96654, Facilities Upgrade and Improvements for total funding in the amount of $1,965,881.00. Type: Capital expenditure Current Year Budget?:Budget Adjustment: NoYes Budget Adjustment Comments: Cover Memo See summary Item # 26 Current Year Cost:Annual Operating Cost: 1,965,881.00 Not to Exceed:Total Cost: 1,965,881.00 For Fiscal Year: 2011 to 2012 Appropriation CodeAmountAppropriation Comment 0315-96654-561300-535-000-$ 175,994.00See summary 0000 0315-96654-563800-535-000-$1,789,887.00See summary 0000 11- Bid Required?:Bid Number: Yes0053- UT Other Bid / Contract:Bid Exceptions: None Review Approval: Cover Memo Item # 26 Attachment number 1 \nPage 1 of 17 Item # 26 Attachment number 1 \nPage 2 of 17 Item # 26 Attachment number 1 \nPage 3 of 17 Item # 26 Attachment number 1 \nPage 4 of 17 Item # 26 Attachment number 1 \nPage 5 of 17 Item # 26 Attachment number 1 \nPage 6 of 17 Item # 26 Attachment number 1 \nPage 7 of 17 Item # 26 Attachment number 1 \nPage 8 of 17 Item # 26 Attachment number 1 \nPage 9 of 17 Item # 26 Attachment number 1 \nPage 10 of 17 Item # 26 Attachment number 1 \nPage 11 of 17 Item # 26 Attachment number 1 \nPage 12 of 17 Item # 26 Attachment number 1 \nPage 13 of 17 Item # 26 Attachment number 1 \nPage 14 of 17 Item # 26 Attachment number 1 \nPage 15 of 17 Item # 26 Attachment number 1 \nPage 16 of 17 Item # 26 Attachment number 1 \nPage 17 of 17 Item # 26 MARSHALL ST. WRF CLARIFIES 1-4 REHABILITATION PROJECT (11-0053-UT) BID OPENING - TUESDAY, JUNE 26, 2012 AWARD - THURSDAY, JULY 19, 2012 Cardinal Contractors, Inc. 10405 RTD Construction, Inc. TLC Diversified, Inc. Wharton-Smith, Inc. Technology Terrace 5344 9th Street 2719 17th Street East 4912 W. La Salle Street Lakewood Ranch, FL 34211Zephyrhills, FL 33542Palmetto, FL 34221Tampa, FL 33607 BID ITEMS QTYUNIT UNIT PRICEAMOUNT UNIT PRICEAMOUNTUNIT PRICEAMOUNT UNIT PRICEAMOUNT Equipment for Clarifiers 1 thru 4 at the Marshall St. WRF in accordance with Section 01150, 3.01A. (ODP amount paid directly to vendors by the City) 1a1LS$ 625,000.00$ 625,000.00$ 470,500.00$ 470,500.00$ 470,500.00$ 470,500.00$ 417,000.00 $ 417,000.00 ODP - Sales Tax Savings Retained by the City, in accordance with Section 01150, 3.01B and equals (6% of 1A Unit Price plus $50.00) 1b1LS$ 33,000.00$ 33,000.00$ 28,280.00$ 28,280.00$ 28,230.00$ 28,230.00$ 25,070.00 $ 25,070.00 Rehabilitation of Clarifiers 1 thru 4 and the North RAS Pump House at the Northeast WRF in NOT IN CONTRACTNOT IN CONTRACTNOT IN CONTRACTNOT IN CONTRACT accordance with Section 01150, 3.01C. 1c1LS SCADA Software Implementation Services Allowance in accordance with Section 01150, NOT IN CONTRACTNOT IN CONTRACTNOT IN CONTRACTNOT IN CONTRACT 3.01D. 1d1LS Rehabilitation of Clarifiers 5 thru 8 and South RAS Pump House Equipment at the Northeast NOT IN CONTRACTNOT IN CONTRACTNOT IN CONTRACTNOT IN CONTRACT WRF in accordance with Section 01150, 3.01B. 21LS Rehabilitation of Clarifiers 1 thru 4 at the at the Marshall Street WRF in accordance with Section 01150, 3.01C. 31LS$ 1,118,000.00$ 1,118,000.00$ 889,066.00$ 889,066.00$ 1,395,000.00$ 1,395,000.00$ 1,135,000.00 $ 1,135,000.00 Rehabilitation of the East and West Clarifiers at the East WRF in accordance with Section 01150, NOT IN CONTRACTNOT IN CONTRACTNOT IN CONTRACTNOT IN CONTRACT 3.01D. 41LS Mobilzation in accordance with Sectin 01150, 3.01E 51LS$ 74,000.00$ 74,000.00$ 57,070.00$ 57,070.00$ 80,000.00$ 80,000.00$ 50,000.00 $ 50,000.00 Indemnification in accordance with Section 01150, 3.01F.$ 100.00 $ 100.00$ 100.00$ 100.00$ 100.00$ 100.00$ 100.00$ 100.00 61LS SUB-TOTAL ITEMS 1-6 $ 1,850,100.00$ 1,445,016.00$ 1,973,830.00$ 1,627,170.00 10% Owner's Contingency in accordance with Section 01150, 3.01G. (10% of Subtotal, Items 1- 6) 71LS$ 470.00$ 185,010.00$ 144,501.60$ 197,383.00$ 162,717.00 TOTAL BID (ITEMS 1-7) $ 2,035,110.00$ 1,589,517.60$ 2,171,213.00$ 1,789,887.00 RTD CONSTRUCTION WAS THE ORIGINAL LOW BID OF $1,589,517.60 - DUE TO UNFORESEEN CIRCUMSTANCES, THEY HAVE WITHDRAWN THEIR BID, THEREFORE THE LOW BID GOES TO WHARTON-SMITH, INC. WITH A BID OF $1,789,887.00 Item # 26 Attachment number 3 \nPage 1 of 7 · · · · Item # 26 Attachment number 3 \nPage 2 of 7 · · · · · · · · · · · · · · · Item # 26 Attachment number 3 \nPage 3 of 7 · · · · Item # 26 Attachment number 3 \nPage 4 of 7 · · · · Item # 26 Attachment number 3 \nPage 5 of 7 Item # 26 Attachment number 3 \nPage 6 of 7 Item # 26 Attachment number 3 \nPage 7 of 7 Item # 26 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to TLC Diversified of Palmetto, FL, in the amount of $2,378,307.80, for the Marshall Street Salsnes Filter Project (06-0022-UT), which is the lowest responsive bid received in accordance with plans and specifications; approve a work order to Engineer of Record, McKim and Creed, Inc. in the amount of $164,675.00 to provide Construction, Engineering and Inspection (CEI) services and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwaters Primary Clarifier Tanks at the Marshall Street Water Reclamation Facility (WRF) are experiencing degradation of the concrete and are in need of remedial repairs. Parts of the concrete structure date back to the 1954 treatment plant expansion and have been subjected to harsh environmental conditions for over 50 years. There has been extensive pitting and spalling of concrete along the upper portions of the tanks, exposure and corrosion of reinforcing steel, tie beam cracking, differential settlement of segments of the tanks, and adjacent channels and localized leaking due to these structural issues. McKim and Creed was originally authorized to provide evaluation, design, bidding and limited construction services to extend the life of the primary clarifiers until a long-term solution could be scheduled as a Capital Improvement Project. While a temporary solution was developed, it was also determined that a longer term solution may be possible through the replacement of the primary clarifiers with Salsnes Filter technology for a cost similar to the temporary solution. McKim and Creed was authorized to further evaluate the technology through BioWin process modeling of and pilot testing of the Salsnes Filter. Subsequently, a Preliminary Engineering Report and Design Documents were developed based on the favorable results of the evaluation. The work consists of demolition of existing primary clarifiers, equipment, electrical and incidentals. The work includes temporary supports, power, coffer dams and bypass pumping to maintain the facility in complete and full operation. Installation of two Salsnes Filters, filter feed pump, relocated sludge pumps, piping, appurtenance and electrical and instrumentation. The work also includes construction of the concrete pads, concrete structures, utility relocations associated with the design and all other work necessary for a complete and operational system. Installation of 24-inch return activated sludge (RAS) metering assembly, piping, fittings supports, concrete pads and ancillaries as necessary for a complete and operational system. Integration of new filters into plant PLC/SCADA system; modification and/or expansion of existing PLC/SCADA equipment, equipment interconnections and connection routing; and Record Drawings. McKim and Creed, Inc. was the design consultant for this project and will provide CEI services upon approval of the work order. McKim and Creed has reviewed TLCs bid and has provided a recommendation of award. This work is necessary to maintain the structural and mechanical integrity of the Marshall Street Water Reclamation Facility per permit requirements. Work will commence upon award and execution of the contract and will be completed within 210 days. Construction is expected to have a start date in July of 2012 and be complete by February of 2013. The Public Utilities Department is the owner and operator of the Marshall Street Water Reclamation Facility and will be responsible for current and future maintenance of all improvements associated with this project. Third quarter amendments will transfer 2009 Water and Sewer Revenue Bond proceeds (384102) in the amount of $295,835.80 from 0376-96742, Line Relocation Capitalized to 0376-96654, Facilities Upgrade and Improvements , and $198,162.81 of Sewer Revenue (388420) from Capital Improvement Program (CIP) project 0315-96611, Biosolids Treatment to 0315-96654, Facilities Upgrade and Improvements . Cover Memo Sufficient budget and funding is available in CIP 0315-96654, Facilities Upgrade and Improvements in the amount of $2,048,984.19 Item # 27 to fund the remaining balance of the contract for total funding in the amount of $2,542,982.80. Type: Capital expenditure Current Year Budget?:Budget Adjustment: NoYes Budget Adjustment Comments: See summary Current Year Cost:Annual Operating Cost: $2,542,982.80 Not to Exceed:Total Cost: $2,542,982.80$2,542,982.80 For Fiscal Year: 2011 to 2012 Appropriation CodeAmountAppropriation Comment 0376-96654-563800-535-$ 295,835.80 See summary 000-0000 0315-96654-563800-535-$2,082,472.00See summary 000-0000 0315-96654-561300-535-$ 164,675.00See summary 000-0000 Bid Required?:Bid Number: Yes06-0022-UT Other Bid / Contract:Bid Exceptions: None Review Approval: Cover Memo Item # 27 Attachment number 2 \nPage 1 of 7 Item # 27 Attachment number 2 \nPage 2 of 7 Item # 27 Attachment number 2 \nPage 3 of 7 Item # 27 Attachment number 2 \nPage 4 of 7 · · · · · · · · Item # 27 Attachment number 2 \nPage 5 of 7 Item # 27 Attachment number 2 \nPage 6 of 7 Item # 27 Attachment number 2 \nPage 7 of 7 Item # 27 CITY OF CLEARWATER BID OPENING RECORDING SHEET MARSHALL ST SALSNES FILTER 06-0022-UT PROJECT MANAGER: TOM ROBERTSON RD MSB BUILDING, 3 FLOOR CONFERENCE ROOM @ 1:30 P.M. DATE OF BID OPENING: THURSDAY, MAY 24, 2012 DATE OF AWARD: THURSDAY, JUNE 20, 2012 BID CONTRACTOR 10% BID BID # PROPOSAL TOTAL BOND 1. BRANDES-DESIGN BUILD X$2,636,359.00 2. GIBBS & REGISTER X$2,775,029.31 3. RTD CONSTRUCTION NO BID 4. TLC DIVERSIFIED X$2,378,307.80 5. WESTRA CONSTRUCTION NO BID APPARENT LOW BID: TLC DIVERSIFIED, INC. ND 2 LOW BID: BRANDES-DESIGN BUILD RD 3 LOW BID: GIBBS & REGISTER ALL OF THE ABOVE LISTED CONTRACTORS HAVE MET THE PRE-QUALIFICATIONS NECESSARY TO BID ON THIS PROJECT AND DID ATTEND THE MANDATORY PRE-BID CONFERENCE ON MAY 11TH Item # 27 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to SL Williams Consulting Corp of Wellington, Florida, in the amount of $1,542,238.53 for construction of the Reverse Osmosis Plant 1- Concentrate and Backwash Pipeline, Project 09-0018-UT, which is the lowest responsible bid received in accordance with the plans and specifications for this project; and authorize the appropriate officials to execute same. (consent) SUMMARY: This Agenda Item is for the construction of the concentrate and backwash pipelines as part of the Reverse Osmosis Plant 1 Expansion Project. The pipelines are designed to transfer those by-products from the Reverse Osmosis Plant 1 (RO 1) to the west of U.S. 19 where a subsequent contract associated with the Reverse Osmosis Plant 2 (RO 2) Project will have responsibility to construct the remaining segments to the RO 2 site. The goal of this project is to convey concentrate from RO 1 to the proposed RO 2 site to use as source water and to convey the backwash from RO 1 to the proposed injection well at RO 2. It is anticipated that construction will be accomplished in 365 days and be completed by the end of summer 2013. Camp, Dresser and Mckee Smith (CDM Smith) who was selected through Request for Qualifications 14-07 was responsible for the design of the pipelines. Four bids were received and SL Williams Consulting was the lowest in the amount of $1,542,238.53 for the project. After comparing the bids, CDM Smith has provided a recommendation to award the construction of the project to SL Williams Consulting and City staff concurs. The City of Clearwaters Public Utilities Department is responsible for owning, operating and maintaining the pipelines. Sufficient funding is available in Capital Improvement Program project 0315-96764, RO Plant Expansion, in the amount of $1,542,238.53. Type: Capital expenditure Current Year Budget?:Budget Adjustment: YesNo Budget Adjustment Comments: See Summary Current Year Cost:Annual Operating Cost: $1,542,238.53 Not to Exceed:Total Cost: 1,542,238.53$1,542,238.53 For Fiscal Year: 2011 to 2012 Appropriation CodeAmountAppropriation Comment 0315-96764-563800-533-$1,542,238.53See Summary 000-0000 Cover Memo Bid Required?:Bid Number: Yes09-0018-UT Item # 28 Other Bid / Contract:Bid Exceptions: None Review Approval: Attachment number 1 \nPage 1 of 1 ¯ RO PLANT No. 1 RO PLANT No. 2 Legend Pipeline Route Figure F-5 01,0002,0004,0006,0008,000 Configuration No. 4 Feet Pipeline Evaluation Routes Item # 28 City of Clearwater, Florida Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Engineer of Record (EOR) contracts with the twenty-seven firms listed for a period of three years commencing August 10, 2012 and authorize the appropriate officials to execute same. (consent) SUMMARY: On March 26, 2012, Requests for Qualifications (RFQ16-12) were solicited from area consulting engineering firms to serve as Engineers of Record for the City for a three-year period. Fifty-one responses were received. A seven member City selection committee reviewed each of the submittals. The firms were evaluated in terms of prior municipal experience, management and technical staff ability, availability to expeditiously complete assignments, quality control and local community involvement. On May 25, 2012 the selection committee consisting of members of the Public Utilities and Engineering Departments with advice from Clearwater Gas and the Parks and Recreation Department, met to short-list the firms that the City wished to select as Engineers of Record and to determine those firms to make verbal presentations. On June 21 and 22, 2012 verbal presentations were heard by the committee and the following firms were selected: Advanced Engineering and Design, Inc.; Atkins; Biller Reinhart Structural Group, Inc.; Cardno TBE Group, Inc.; CDM Smith; Cumbey and Fair, Inc.; Deuel and Associates; DKS Associates; Geosyntech Consultants; Grimail Crawford, Inc.; HDR Engineering, Inc.; H.W. Lochner, Inc.; Interflow Engineering; Jones Edmunds Associates, Inc.; Kimley-Horn and Associates, Inc; King Engineering Associates, Inc.; Kisinger Campo and Associates, Corp.; Leggette, Brashears and Graham, Inc; McCarthy and Associates; Mckim and Creed, PA; Metzger and Willard, Inc.; Reiss Engineering, Inc.; Reuben Clarson Consulting; Shaw Environmental and Infrastructure, Inc.; Tetra Tech, Inc.; Tricon Consulting Engineers and URS Corporation. The firms were selected based upon their ability to complete projects in the following disciplines: construction, environmental, hydrogeology, potable water, reclaimed water, roads, sanitary sewer, stormwater, structural analysis and traffic and transportation. Entering into agreements with these firms will enable the City to continue to utilize well-qualified firms to complete appropriate projects over the next three years. Review Approval: Cover Memo Item # 29 Attachment number 1 \nPage 1 of 27 City of Clearwater, Florida Engineering Department REQUEST FOR QUALIFICATIONS for ENGINEER OF RECORD 2012 Clearwater, Florida Item # 29 Attachment number 1 \nPage 2 of 27 PROFESSIONAL ENGINEERING CONSULTANTS REQUEST FOR QUALIFICATIONS ENGINEER OF RECORD RFQ 16-12 The City of Clearwater requests qualifications for full service professional engineering consulting firms to serve as an Engineer-of-Record for a three-year period. Additional information concerning the requirements of the submittal is available by contacting the City of Clearwater's Purchasing Manager, at P.O. Box 4748, Clearwater, FL 33758-4748; 100 South Myrtle Avenue, Clearwater, FL 33756 or FAX 727-562-4635 or by telephone at 727-562-4630. This additional information must be obtained prior to any submittal. Proposals shall be delivered to the City's Monday, April 30, Purchasing Manager prior to the opening time of 4:00 p.m. 2012 . Item # 29 Attachment number 1 \nPage 3 of 27 Table of Contents Section 1.0 Purpose 2.0 Scope of Services 3.0 Length of Services 4.0 Insurance Requirements 5.0 Provision of Payment 6.0 Responder Preparation Expenses 7.0 Legal Name 8.0 Signature 9.0 Openness of Procurement Process 10.0 Retention and Disposal of Responses 11.0 Errors and Omissions 12.0 Reserved Right 13.0 Conflict of Interest 14.0 Right of Protest 15.0 No Collusion 16.0 Act (CCNA) Florida Statute 287.055 17.0 Appropriations Clause 18.0 Assurances 19.0 Evaluation and Selection Process 20.0 Statement of Qualifications 21.0 Submittal Requirements 22,0 Inquiries and Addenda 23.0 Oral Technical Presentations Item # 29 Attachment number 1 \nPage 4 of 27 24.0 Presentation Topics 25.0 Presentation Guidelines 26.0 Schedule of Presentation 27.0 Selection 28.0 Project Schedule 29.0 Contract Discussions and Negotiations 30.0 Written Agreement/Contract Exhibits A Agreement for Professional Services B Risk Management/Insurance Requirements for Contract Agreements and Contracts C Provision of Payment Item # 29 Attachment number 1 \nPage 5 of 27 CITY OF CLEARWATER . FLORIDA ENGINEERING DEPARTMENT REQUEST FOR QUALIFICATIONS 16-12 FOR ENGINEER OF RECORD 1.0 PURPOSE The City of Clearwater, Florida is requesting qualifications from full service professional engineering consulting firms to provide Engineer-of-Record (EOR) services. These firms must have demonstrated competence in areas of engineering including roads, storm water management, sanitary sewer, potable water, reclaimed water, structural analysis, transportation, traffic, environmental, gas systems, recreational facilities and Project Development. Full-service firms capable of performing planning, design, document preparation, permitting, construction inspection and management of every aspect of a wide variety of projects, large and small, will be strongly considered; however, the City intends to also consider smaller firms with exceptional experience and qualifications in only one or two disciplines. The term of service will be for a period of three (3) years. The selected company shall not necessarily be the only Engineer-of-Record for the City. It is highly preferred that a EOR have a fully staffed and operating office located within the Tampa Bay metropolitan area. desired services, described in Section 2.0, attached hereto. As a result, each firm is requested to prepare a Statement of Qualifications as described in Section 20 of this document. 2.0 SCOPE OF SERVICES For a detailed description of the required services, refer to Exhibit "A", Agreement for Professional Services, Section 2.0. 3.0 LENGTH OF SERVICES Services shall begin upon execution of the Agreement for Professional Services and shall extend for three (3) years unless terminated by either party under the terms of the agreement (Exhibit A). Item # 29 Attachment number 1 \nPage 6 of 27 4.0 INSURANCE REQUIREMENTS T 5.0 PROVISION OF PAYMENT The EOR shall be compensated for services performed in accordance with attached Exhibit "C". 6.0 RESPONDER PREPARATION EXPENSES Each responder preparing qualifications in response to this request shall bear all expenses associated with their preparation. Responders shall prepare a response with the understanding that no claims for reimbursement shall be submitted to the City for the expense or presentation. 7.0 LEGAL NAME Responders shall clearly indicate the legal name, address, and telephone number of the company(ies), firm(s), partnership(s), individual(s). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the responder to the submitted proposal. 8.0 SIGNATURE Responders shall acknowledge by authorized signature that it has read and concurs and/or takes exception as noted to the requirements listed in this RFQ. 9.0 OPENNESS OF PROCUREMENT PROCESS Written response, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this request, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. The City gives no assurance as to the confidentiality of any portion of the qualifications once submitted. 10.0 RETENTION AND DISPOSAL OF RESPONSE The City reserves the right to retain all submitted responses for official record purposes. The City also reserves the right to dispose of any or all copies of responses in whatever manner it deems appropriate. No copies of responses will be returned to the firm. Item # 29 Attachment number 1 \nPage 7 of 27 11.0 ERRORS AND OMISSIONS Once a response is presented, the City shall not accept any requests by any firm to correct errors or omissions in any calculations submitted. 12.0 RESERVED RIGHT The City reserves the right to accept or reject any and/or all submissions/proposals, to waive irregularities and technicalities, and to request resubmission. Any sole response received the first submission date may or may not be rejected by the City depending on available competition and timely needs of the City. The City shall be the sole judge of the submission/proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. Also, the City reserves the right to make such investigation as it deems necessary to determine the ability of any responder to perform the work or service requested. Information the City deems necessary to make this determination shall be provided by the responder. 13.0 CONFLICT OF INTEREST Any prospective firm should make an affirmative statement in its proposals to the effect that, to its knowledge, its retention would not result in a conflict of interest with any party. Alternatively, should any potential conflict exist, the prospective firm should specify the party with which there might be a conflict, the nature of the potential conflict, and the means proposed to resolve such conflict. 14.0 RIGHT TO PROTEST Any actual or prospective responder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of its complaints by contacting the Purchasing Manager. 15.0 NO COLLUSION By offering a submission to the RFQ, the responder certifies, and in the case of a joint submission/proposal each party thereto certifies as to its own organization, that in connection with the submission/proposal: a. No attempt has been made or will be made by the responder to induce any other person or firm to submit or not to submit a submission/proposal for the purpose of restricting competition; and Item # 29 Attachment number 1 \nPage 8 of 27 b. The only person(s) or principal(s) interested in this submission/proposal are named therein and that no person other than those therein mentioned has/have any interest in this submission/proposal or in the agreement to be entered into; and c. No person or agency has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or established commercial agencies maintained by the purchaser for the purpose of doing business. 16.0PROFESSIONAL SERVICES/CONSULTANTS' COMPETITIVE NEGOTIATION ACT CCNA) - FLORIDA STATUTE 287.055 Professional services requested in this RFQ are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 17.0 APPROPRIATIONS CLAUSE The City, an entity of government, is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract is executed and entered into and for which this contract shall remain in effect. The City shall, upon receipt of notice that sufficient funds are not available to continue its full and faithful performance of this contract, provide written notice to the Contractor of such event and effective thirty (30) days after giving such notice or upon the expiration of the period of time for which funds were appropriated, whichever occurs first, be thereafter released at all further obligations in any way related to the contract. 18.0 ASSURANCES The respondent shall provide a statement of assurance that the firm is not presently in violations of any statutes or regulatory rules that might have an impact on the firm's operations. 19.0 EVALUATION AND SELECTION PROCESS The proposal packages will be examined by a Selection Committee which will short-list the respondents. Membership of the Selection Committee will be determined just prior to the scheduled receipt of qualification packages. The final candidates may be invited to provide oral presentations in order to further evaluate the proposals in order to rank the candidates for contract negotiation. Candidates will be provided with the date, time and place at which the Committee will hear formal presentations. Item # 29 Attachment number 1 \nPage 9 of 27 Selection committee determinations for short listing shall be based upon the Selection Committee's ability to differentiate qualifications applicable to the scope and nature of the services to be performed per this RFQ. In determining whether a firm is qualified, the Selection Committee shall consider past performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of firms; and the volume of work previously awarded to each firm by the City, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. 20.0STATEMENT OF QUALIFICATIONS The firms being considered for this project shall submit a Statement of Qualifications. This shall include information to enable the City to evaluate the viability and capability to provide the desired services, and shall provide the Selection Committee sufficient details to be properly prepared for the Oral Presentations, if necessary. The data shall be significant to the services and shall be practicable. Discussions of past performances on other projects shall be minimized except as they relate to the proposed work. 20.1 SUBMITTAL PACKAGE The Statement of Qualifications shall respond to the issues identified in Section 20.2 The Sections shall be "tabbed" accordingly in the order set through Section 20.6. forth, as follows: 20.2 Prior Municipal Experience: Brief summary of work completed for the City of Clearwater or other government agencies. The types of work shall correspond to the required consultant services listed in Exhibit A, Section 2.0 (5 page limit). 20.3Management and Technical Staff Ability: The respondent shall submit a staffing plan which clearly illustrates the key elements of the organizational structure proposed to accomplish management, technical and administrative services as required. Project management, key technical personnel and local staff within each discipline shall be identified and past experience shall be discussed. Resumes, not to exceed two (2) pages, for Project Dedicated full-time key personnel named on the staffing chart shall be included. The respondent shall address the necessity and utilization of subconsultant services. (10 Page Limit) 20.4Availability to Expeditiously Complete Assignments: The respondent shall discuss current and projected work load versus available staffing. The respondent shall identify staff that is available full-time and staff available as needed with availability stated. Full- time staff is defined as staff who can dedicate forty (40) hours per week or more to the City either reporting to the respondent 20.5Quality Control: The respondent(s) shall present a Quality Assurance Plan. The plan shall address procedures to assure complete and accurate design and reporting, that all comments are addressed during stakeholder review. If subconsultants are used, the procedures that the respondent would use to assure accuracy of their work. The Item # 29 Attachment number 1 \nPage 10 of 27 respondent shall discuss in detail, the manner in which proper coordination and information exchange will be assured between the Prime, Subconsultants, The Project Manager, City Staff and Section/Design Consultants. (3 Page Limit) 20.6Clearwater Business and Community Involvement: The respondent shall discuss the types and quantities of business that they conduct in Clearwater and non-business related community involvement of the firm and staff. (2 Page Limit) 21.0 SUBMITTAL REQUIREMENTS: The delivery of submissions to the City of Clearwater Purchasing Office prior to the specified date and time is solely and strictly the responsibility of the respondent. Proposals received after the above stated date will not be considered. 21.1Format: The Statement of Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper. All information must be assembled and indexed in the order The total number of pages shall not exceed twenty-three (23) indicated in Section 20. pages. The pages shall be one sided only and the page count shall include typed text, graphics, charts and photographs. The Project Staffing Chart may be two (2) 11" X 17" fold outs. The cover page, back page, blank separator pages tabbed in accordance with the do not provisions of Section 20.1, count as part of the twenty-three(23) pages. 21.2 Due Date4:00 P.M : The Submittal must be received by the City of Clearwater before ., MONDAY, APRIL 30, 2012. on Submittals received after this time will not be 12 paper copies and one digital copy considered. of the Statement of Qualifications shall be submitted and all questions directed to: City of Clearwater Attn: Purchasing Manager P.O. Box 4748 Clearwater, FL. 33758-4748 or rd 100 So. Myrtle Ave., 3 Floor Clearwater, FL. 33756-5520 The deadline for technical questions is MONDAY, APRIL 23, 2012. 22.0 INQUIRIES AND ADDENDA Each respondent shall examine all RFQ documents and shall judge all matters be made shall through the City of Clearwater's Purchasing Manager, at P.O. Box 4748, Clearwater, FL 33758-4748; 100 South Myrtle Avenue, Clearwater, FL 33756; or FAX 727-562-4630. The City shall not be responsible for oral interpretations given by any City employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this RFQ, the City will attempt to notify all prospective firms who have Item # 29 Attachment number 1 \nPage 11 of 27 secured same. However, it shall be the responsibility of each firm, prior to submitting the qualifications package, to contact the City of Clearwater's Purchasing Manager (727-562- 4630) to determine if addenda were issued and to make such addenda a part of the qualifications. 23.0 ORAL TECHNICAL PRESENTATIONS In addition to the written proposal, the short-listed firms being considered for this Contract may be requested to appear for Oral Technical Presentations. The Oral Presentations are to provide the respondent an opportunity to more fully propose a successful approach. The Oral Technical Presentations shall specifically address the "key elements" of Section 20.2 through Section 20.6. 24.0 PRESENTATION TOPICS The Statement of Qualifications, as described in Section 20.1, shall be the basis for the Consultant's presentation. 25.0 PRESENTATION GUIDELINES The following guidelines shall govern the oral presentations: Time Limit: - twenty (20) minutes for the oral presentation. - fifteen (15) minutes for questions by the City. - five (5) minutes each for setup and breakdown. -strongly recommended. Attendance by the proposed Project Manager is - Flip-charts, graphic boards or other audio visual aids are acceptable, but shall be Handouts brief and project specific. are limited to: presentation agenda and reproduction of the flip charts or graphic boards. - It is encouraged that the respondent's Project Manager and staff members who would be assigned to the city projects be the key presenters. - A maximum of eight (8) attendees including subconsultants are permitted. Major subconsultants should be represented. 26.0 SCHEDULE OF PRESENTATIONS The order of the Oral Technical Presentations will be determined by the City The Oral JUNE 11-15, 2012 Technical Presentation are scheduled for , at the Municipal Services Building, First Floor, Human Resources Training Room #130, located at 100 South Myrtle Avenue, Clearwater, Florida. Item # 29 Attachment number 1 \nPage 12 of 27 27.0 SELECTION Following the Oral presentation the Selection Committee, shall meet to discuss the capabilities and presentations of the respondent firms. At the discretion of the Committee, other persons may be requested to provide information at the meeting. Items which the Selection Committee will consider and weigh during the selection process are as follows: A. Prior municipal experience (30%) B. Management and technical staff ability (20%) C. Availability to expeditiously complete assignments (20%) D. Quality Control (20%) E. Clearwater business and community involvement (10%) 28.0 PROJECT SCHEDULE a. Release date of RFQ March 26, 2012 b. Due date of RFQ April 30, 2012 c. Short Listing of Firms May 25, 2012 d. Oral Presentations June 11-15, 2012 e. Selection Committee Recommendation June 22, 2012 f. City Council Action July 19, 2012 g. Contract Initiation August 10, 2012 29.0 CONTRACT DISCUSSIONS AND NEGOTIATIONS: Upon conclusion of the selection process, the City will request a fee proposal. The fee proposal shall include direct hourly rates and a multiplier for overhead, fringe benefits and operating margin for review/negotiation. Upon completion of fee review/ negotiations, an Agreement for Professional Services will be prepared for execution by the selected firm and on behalf of the City. 30.0 WRITTEN AGREEMENT/CONTRACT Any party providing services or products to the City will be expected to enter into a written agreement or contract with the City that incorporates all of the pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or proposer of services and/or products to the City. A sample agreement is attached hereto and made a part hereof and is identified by the Exhibit Item # 29 Attachment number 1 \nPage 13 of 27 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into on the ______ day of _________________, 2012 by and between the City of Clearwater, Florida (CITY) and _________________________________, (ENGINEER)and/or (ARCHITECT). WITNESSETH: WHEREAS the CITY desires to engage the ENGINEER and/or ARCHITECT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS the ENGINEER and/or ARCHITECT desires to provide such professional services in accordance with this Agreement; and WHEREAS the CITY selected the ENGINEER and/or ARCHITECT in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information and representations given by the ENGINEER and/or ARCHITECT in a proposal dated March 26, 2012: NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the ENGINEER and/or ARCHITECT to the CITY will be that of a professional consultant, and the ENGINEER and/or ARCHITECT will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices and ethical standards. Item # 29 Attachment number 1 \nPage 14 of 27 2.0PROFESSIONAL TECHNICAL SERVICES 2.1 It shall be the responsibility of the ENGINEER and/or ARCHITECT to work with and for the CITY toward solutions to engineering problems and the approach or technique to or each project or assignment. developing and presenting advisory opinions regarding the usefulness and continued profitability of Water, Sewer and Stormwater Utility System facilities, the proper maintenance of the elements of the System and the design of capital improvements thereto; roads, drainage, structural analysis, transportation, traffic, environmental and gas systems. Representative assignment areas are expected to include, but not be limited to, planning, studies or design services as listed below: 1. Preparation of construction drawings, specifications and bid documents for public works projects, including but not limited to: structural engineering elements streets and roadways, including intersection improvements parking facilities utility infrastructure, including water, wastewater, natural gas, storm water and reclaimed water 2. land surveying activities, including title search, aerial target placement, topographic surveys, right-of-way surveys, preparation of right-of-way control surveys, preparation of right-of-way mapping/parcel descriptions/parcel sketches 3. architectural services 4. transportation improvement planning and studies, including Project Development & Environment (PD&E) studies 5. appraisals of land under consideration for acquisition by the CITY 6. traffic operations activities, including traffic signal warrant analysis, safety studies, preparation of traffic signal construction documents, preparation of pavement marking & signing plans, assistance as needed with the implementation of timing plans for and the 7. hazardous materials investigations, mitigation/remediation plans and associated tasks 8. management of construction contracts 9. review and assessment of the applicability of design/build contracts and/or Value Engineering for various CITY improvements 10. development/preparation of grant applications for CITY projects 11. preparation of permit application packages, including water, waste water, surface water management, National Pollution Discharge Elimination System (NPDES), and wetland impacts: assistance in meeting regulatory and grant requirements, permitting and preparation of permit documents and representation of the CITY before appropriate regulatory bodies 12. environmental audits, including evaluation of hazardous materials potential, archeological or historical resources, impacts to threatened or endangered species Item # 29 Attachment number 1 \nPage 15 of 27 13. hydraulic/hydrologic modeling of streams, watersheds, water and wastewater piping systems and modeling of treatment processes, etc. 14. development of wetland mitigation plans, including compliance monitoring 15. water quality monitoring, including report preparation 16. preparation and implementation of public involvement programs, including graphics (presentation boards, slides, handouts, etc.) 17. studies related to stormwater management, master planning, design and financing, including stormwater utility feasibility and implementation 18. studies related to rates, user charges and impact upon various agreements between the CITY and its customers, suppliers and consultants 19. studies of recreational facility improvements, including expansion or improvements to existing facilities as well as development of new facilities: includes possible preparation of construction documents (including permits) and construction management 20. aviation services, including master planning and design of planned improvements 21. preparation of traffic calming plans 22. landscape and irrigation design 23. other work as may be reasonably required under the general scope of professional and system. 2.2 provided under Work Orders, Generally, each Work Order will include the services for a single project or assignment, and it will contain a mutually agreed-upon detailed scope of work, fee, and schedule of performance in accordance with applicable fiscal and budgetary constraints. Total compensation for all services shall not exceed $100,000 per Work Order unless specifically authorized by the City Council. 2.3 The ENGINEER and/or ARCHITECT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering and/or architect services hereunder, and shall diligently execute the work to meet the completion time established in Work Order. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The ENGINEER and/or ARCHITECT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. PERIOD OF SERVICE 3.0 3.1 The ENGINEER and/or ARCHITECT shall begin work promptly after receipt of a fully executed copy of each Work Order, in accordance with Paragraph 2.2, above. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 control, the time of performance shall be adjusted as appropriate. Item # 29 Attachment number 1 \nPage 16 of 27 3.4 It is the intent of the parties hereto that this Agreement continue in force until three (3) years from the date of execution, subject to the provisions for termination contained herein. Assignments that are in progress at the Contract termination date will be completed by the ENGINEER and/or ARCHITECT unless specifically terminated by the CITY. INSURANCE REQUIREMENTS 4.0 PROFESSIONAL SERVICES/CO 5.0 NEGOTIATION ACT (CCNA) - Florida Statue 287.055 Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. GENERAL CONSIDERATIONS 6.0 6.1 All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the ENGINEER and/or ARCHITECT and shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the sole risk without liability or legal exposure to the ENGINEER and/or ARCHITECT. 6.2 The ENGINEER and/or ARCHITECT shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The ENGINEER and/or ARCHITECT shall prepare a final estimate of probable construction costs, following CITY approval of the bid documents and other prebid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. Should the lowest, responsive and acceptable bid price received by the CITY within three (3) months from the date of the final cost estimate by more than ten percent (10%), the ENGINEER and/or ARCHITECT shall perform a detailed evaluation of the low bid. The evaluation will review the bid prices on a line item basis, identifying areas of disagreement and providing a rationale for the difference. 6.3 The ENGINEER and/or ARCHITECT will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated Item # 29 Attachment number 1 \nPage 17 of 27 between the CITY and the ENGINEER and/or ARCHITECT describing the services desired and providing a basis for compensation to the ENGINEER and/or ARCHITECT. 6.4 cause to be furnished such reports, studies, instruments, documents, and other information as the ENGINEER and/or ARCHITECT and CITY mutually deem necessary. 6.5 The CITY and the ENGINEER and/or ARCHITECT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the ENGINEER and/or ARCHITECT will assign or transfer its interest in this Agreement without written consent of the other. 6.6 The ENGINEER and/or ARCHITECT hereby agrees to indemnify, defend, save and hold harmless the CITY from all claims, demands, liabilities and suits caused by any negligent act, error or omission of the ENGINEER services called for herein. It is specifically understood and agreed, however, that this indemnification agreement does not cover or indemnify the CITY for its own negligence. The ENGINEER and/or ARCHITECT hereby further agrees to indemnify, defend, save and hold harmless the CITY from any and all fines, costs, and expenses caused by, with any applicable laws, statutes, ordinances, or government regulations. 6.7 The ENGINEER and/or ARCHITECT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 6.8 Key personnel assigned to CITY projects by the ENGINEER shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: Project Manager and technical experts. 6.9 The ENGINEER and/or ARCHITECT shall attach a brief status report on the project(s) with each request for payment. COMPENSATION 7.0 7.1 The ENGINEER and/or ARCHITECT shall be compensated for all services rendered under this Agreement in accordance with the provisions of each Work Order, upon and typical methods of compensation ar Item # 29 Attachment number 1 \nPage 18 of 27 7.2 Except as may be addressed in the initiating Work Order, the compensation for services shall be invoiced by the ENGINEER and/or ARCHITECT and paid by the CITY once each month. Such invoices shall be due and payable upon receipt. 7.3 The ENGINEER and/or ARCHITECT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost plus fixed fee work assignments upon request of the CITY. PROHIBITION AGAINST CONTINGENT FEES 8.0 The ENGINEER and/or ARCHITECT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER and/or ARCHITECT to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working for the ENGINEER and/or ARCHITECT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. TERMINATION 9.0 This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the ENGINEER and/or ARCHITECT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. SUSPENSION, CANCELLATION OR ABANDONMENT 10.0 If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this Agreement, the ENGINEER and/or ARCHITECT shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. This Agreement shall be administered and interpreted under the laws of the State of Florida. TERMINATION OF CONVENIENCE 11.0 Either the CITY or the ENGINEER and/or ARCHITECT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the ENGINEER and/or ARCHITECT will be paid for services rendered through the date of termination. Item # 29 Attachment number 1 \nPage 19 of 27 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. ______________________________ By: ______________________________ WITNESS: By: ______________________________ Countersigned: CITY OF CLEARWATER ___________________________ By: ______________________________ George N. Cretekos William B. Horne, II Mayor-Commissioner City Manager Approved as to form and ATTEST: correctness: ___________________________ By: ______________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Item # 29 Attachment number 1 \nPage 20 of 27 RISK MANAGEMENT / INSURANCE REQUIREMENTS FOR AGREEMENTS AND CONTRACTS REVISED PER RISK MANAGEMENT 1/26/2012 STATEMENT OF PURPOSE: The City of Clearwater enters into agreements and contracts for services and/or products with other parties. interest and to minimize its potential liabilities. Whenever applicable, the following terms shall be included in agreements and contracts. CITY DEFINED: the City of Clearwater itself, its Council, the Community Redevelopment Agency of the City of Clearwater, a Florida governmental agency created pursuant to Part III, Chapter 163, Florida Statute, its duly appointed officers, or other public bodies, officers, employees, volunteers, representatives and agents. OTHER PARTY DEFINED: is defined to mean the other person or entity which is a party to an agreement or contract with the City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents, contractors, and subcontractors. HOLD HARMLESS DEFINED: The Exhibit) is defined to mean the City shall be held harmless against all claims for bodily injury, personal injury, sickness, disease, death or damage to property or loss of use resulting there from, or a negligence. PAYMENT ON BEHALF OF CITY DEFINED: (whenever it may appear in this Exhibit) is defined to mean the Other Party agrees to pay on for claims or suits arising from the fault of the Other Party or other persons employed or utilized by the Other Party in performance of the contract. Such payment on behalf of the City shall be in addition to any and all other legal remedies available to the City and shall not be considered to INSURANCE: The Other Party shall, at its own cost and expense, acquire and maintain (and cause contractors and subcontractors, if utilized, to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Item # 29 Attachment number 1 \nPage 21 of 27 Specifically the Other Party must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of the Agreement. These insurance requirements shall not limit the liability of the Other Party. The City does not represent that these types or amounts ts or liabilities, but are merely minimums: u COMMERCIAL GENERAL LIABILITY: $1,000,000 per occurrence, including but not limited to, bodily injury, personal injury, property damage, premises- operations, products/completed operations, contractual liability, independent contractors, and liability assumed under an insured contract. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. u AUTOMOBILE LIABILITY: $1,000,000 per accident combined single limit, for bodily injury and property damage for any owned, non-owned, hired, or borrowed automobile. u WORKE Other Party will obtain and maintain during the project. Coverage u each employee, each accident, and $100,000$500,000 each employee/ policy limit for disease, and which meets all state and federal laws. Coverage must be applicable to employees, contractors, and subcontractors, if any. u WATERCRAFT/AIRCRAFT LIABILITY: services involves utilization of watercraft or aircraft, watercraft and/or aircraft liability coverage must be provided to include bodily injury and property damage arising out of ownership, maintenance or use of any watercraft or aircraft, including owned, non-owned and hired. u PRODUCTS/COMPLETED OPERATIONS COVERAGE: The Other Party is required to continue to purchase products contract or agreement, for minimum of ACCEPTABILITY OF INSURERS: Insurance must be placed with insurers with a current -VII. Item # 29 Attachment number 1 \nPage 22 of 27 DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Other Party to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. ADDITIONAL INSURED: The City is to be specifically included as an additional insured on ion and Professional OTHER INSURANCE PROVISIONS: The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: u PRIMARY INSURANCE COVERAGE: For any claims related to this Agreement, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess u RIGHT OF RECOVERY: waives its right of recovery against the City, to the extent permitted by its insurance policies. u SEVERABILITY OF INTEREST/CROSS LIABILITY PROVISION : The Other Severability of Interest/Cross Liability provision so the City will be treated as if a separate policy were in existence without increasing the policy limits. u HOLD HARMLESS/INDEMNIFICATION: The Other Party shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from any performance under the Agreement, or a subsequent purchase order or contract entered into by City and Other Party, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Other Party acknowledges that it is solely responsible for complying with the terms of the Agreement or a purchase order or contract arising out of the Agreement. u NOTICE OF CANCELLATION OR RESTRICTION: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice sent via certified responsibility to ensure the notice requirement is met. CERTIFICATE OF INSURANCE/CERTIFIED COPIES OF POLICIES: The Other Party, if selected, will provide the City with a Certificate or Certificates of Insurance showing the existence of coverage as required by the Agreement. In addition, the Other Party will provide to Item # 29 Attachment number 1 \nPage 23 of 27 the City, if asked in writing, certified copies of all policies of insurance. The Other Party will maintain the required coverage with a current Certificate or Certificates of Insurance throughout the term of the Agreement with the City. New certificates and new certified copies of policies shall be provided to the City whenever any policy is renewed, revised, or obtained from other insurers. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attention: City Clerk P.O. Box 4748 Clearwater, FL 33758-4748 CONSIDERATION FOR HOLD HARMLESS/PAYMENT ON BEHALF: The Other Party agrees to accept, and acknowledges as an adequate amount of remuneration, the consideration of $100.00 for agreeing to the Hold Harmless, Payment on Behalf of the City, Insurance and Certificates of Insurance provisions in the Agreement. SUBCONTRACTORS: Other Party shall require and verify all subcontractors, if used, requirements stated herein prior to beginning work. LOSS CONTROL/SAFETY: Precaution shall be exercised at all times by the Other Party for the protection of all persons, including employees, and property. The Other Party shall be expected to comply with all applicable laws, regulations, or ordinances related to safety and health, and shall make special efforts where appropriate to detect hazardous conditions, and shall take prompt action where loss control/safety measures should reasonably be expected. The City may order work to be stopped if conditions exist that present immediate danger to persons or property. The Other Party acknowledges that such stoppage will not shift responsibility for any damages from the Other Party to the City. ADDITIONAL INSURANCE FOR REPAIR OR SERVICE OR OTHER CONTRACTS: If checked below, the City requires the following additional provisions or types of insurance for repair or service or other contracts to afford added protection against loss which could affect the work being performed: INSTALLATION FLOATER INSURANCE: _____ Installation Floater insurance is to be provided to cover damage or destruction to equipment being installed or otherwise being handled or stored by the Other Party. The amount of coverage should be adequate to provide full replacement value of the equipment being installed, otherwise being handled or stored on or off premises. All risks coverage is preferred. MOTOR TRUCK CARGO INSURANCE: _____ If the Installation Floater insurance does not provide transportation coverage, separate Motor Truck Cargo or Transportation insurance is to be provided for materials or equipment transported in the Other Par vehicles from place of receipt to building sites or other storage sites. All risks covered are preferred. Item # 29 Attachment number 1 \nPage 24 of 27 _____ is to be purchased to cover loss of equipment and machinery utilized in the performance of work by the Other Party. All risks coverage is preferred. FIDELITY/DISHONESTY INSURANCE-COVERAGE FOR EMPLOYER: _____ Fidelity/dishonesty insurance is to be purchased to cover dishonest acts of the Other ng but not limited to theft of vehicles, materials, supplies, equipment, tools, etc.; especially property necessary to work performed. FIDELITY/DISHONESTY INSURANCE-COVERAGE FOR CITY: _____ Fidelity/Dishonesty/Liability insurance is to be purchased or extended to cover dishonest ADDITIONAL INSURANCE FOR RENOVATION OR CONSTRUCTION CONTRACTS: If checked below, the City requires the following types of insurance for renovation or construct cited and the Additional Insurance for Repair or Service or Other Contracts. COMMERCIAL GENERAL LIABILITY PROJECT AGGREGATE: _____ Because the Commercial General Liability form of coverage includes an annual aggregate limitation on the amount of insurance provided, a separate project aggregate limit is required by the City for this contract or agreement. OWNERS PROTECTIVE LIABILITY: _____ For renovation or construction contracts the Other Party shall provide for the City an Owners Protective Liability insurance policy _____ loss in the complete and full value of the project with no coinsurance penalty provisions. This insurance shall insure the interests of the City, the Other Party, and all subcontractors in the work and shall insure against special form causes of loss (all risk perils), including collapse during construction, for replacement cost (including fees and charges of engineers, architects, attorneys and other professionals). The Other Party shall obtain and maintain similar property insurance on equipment, materials, supplies and Insurance shall be endorsed to permit occupancy until such time as the facilities are completed and accepted by the City and written notice of the fact has been issued by the City. PROFESSIONAL LIABILITY, MALPRACTICE AND/OR ERRORS OR OMISSIONS: If checked below the City requires the following terms and types of insurance for professional, malpractice, and errors or omissions liability. HOLD HARMLESS: __X__ The following replaces the previous Hold Harmless wording: Item # 29 Attachment number 1 \nPage 25 of 27 The City shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss of use resulting there from arising out of performance of the agreement or contract, unless such claims are a result of the The City shall also be held harmless against all claims for financial loss with respect to the provision of or failure to provide professional or other services resulting in professional, malpractice, or errors or omissions liability arising out of performance of PROFESSIONAL LIABILITY/MALPRACTICE/ERRORS OR OMISSIONS __X__ INSURANCE: The Other Party shall purchase and maintain professional liability or malpractice or errors or omissions insurance appropriate for the type of business engaged in by the Other Party with minimum limits of $1,000,000 per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that nay new policy provide a retroactive date no later than the inception date of claims made coverage. WRITTEN AGREEMENT/CONTRACT: Any party providing services or products to the City will be expected to enter into a written agreement, contract or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to do so may, at the sole discretion of the City, disqualify any Party from performing services or selling products to the City provided, however, the City reserves the right to waive any such requirements. Item # 29 Attachment number 1 \nPage 26 of 27 PROVISION OF PAYMENT BASIS FOR PAYMENT The owner shall pay ENGINEER and/or ARCHITECT and ENGINEER and/or ARCHITECT agrees to accept as full compensation for its services (as established by Work Order) compensation as computed by one of the following methods: Costs Times Multiplier Basis Compensation in the form of actual costs times a multiplier as determined by the following formula: Actual raw Salary Cost (Hourly Rate) x Multiplier + Subconsultant Cost + Other Direct Costs. Multiplier ________ includes fringe benefit rate, overhead, operating margin and profit and is subject to annual review. Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on billing rates for required labor classifications. Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying, long distance telephone calls, etc., times a factor of 1.00. Lump Sum for all work associated with a Work Order or task and shall be determined by mutual agreement between the ENGINEER and/or ARCHITECT and the City. The lump sum amount shall be negotiated based upon the Work Order scope of services and approved by both the City and the ENGINEER/ARCHITECT.. Hourly Rates - The estimated hourly rates below represent 2012 costs and categories. Periodic changes are anticipated and modification can be made annually upon City and ENGINEER and/or ARCHITECT review. (Note: All rates are hourly salary) Item # 29 Attachment number 1 \nPage 27 of 27 CITY OF CLEARWATER ENGINEER OF RECORD RFQ 16-12 2012 DIRECT HOURLY RATES Rate Job Classification Minimum ($ / hour) Maximum Typical Senior Vice President Vice President/Officer-in-Charge Senior Project Manager/Group Manager Project Manager/Associate Principal Construction Manager Construction Engineer Senior Engineer/Scientist Engineer/Scientist (III-IV) Engineer/Scientist (I-III) Planner Landscape Architect Field Technician Senior Designer Drafter/CADD Operator Operations Specialist Fiscal/Accounting Administrative/Clerical MULTIPLIER: . Item # 29 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ratify and Confirm City Manager Approval of a lease between the City of Clearwater and Clearwater Marine Aquarium for the lease of a portion of the lower level of the Harborview Center as storage space in conjunction with the third floor occupancy; approve First Amendment to the Lease between City of Clearwater and Clearwater Marine Aquarium, dated September 12, 2011, to provide evidence of workers compensation and automobile liability insurance and authorize the appropriate officials to execute same. (consent) SUMMARY: Due to the success and planned expansion of the leased exhibit space of Clearwater Marine Aquarium in the Harborview Center, the Aquarium approached city staff with a request to lease a portion of the first floor and previous restaurant space of the Harborview Center for unimproved storage of supplies ancillary to the exhibit. The timing of expansion/storage requirements precluded lease approval to coincide with the July city council meeting without interrupting operations of the expansion. Therefore, the City Manager approved the lease subject to subsequent confirmation and ratification by the City Council, as provided by City Charter. The lease provides for occupancy of 5,314 sq. ft. of space on the lower level for materials storage. Rental shall be at a rate of $4 sq. ft., based on a determination of a fair and comparable rate by the City Director of Real Estate. Occupancy will be in two phases, as indicated in Exhibits A and A-1, subject to improvements for code compliance. Clearwater Marine Aquarium will underwrite the improvements. In preparing the storage lease documents, staff discovered that the lease for the exhibit space did not specify workers compensation and automobile liability. The First Amendment conforms the lease to city requirements. Staff recommends confirmation and ratification of the lease for the first floor storage space and the First Amendment to the exhibit space lease. Review Approval: Cover Memo Item # 30 Attachment number 1 \nPage 1 of 12 Item # 30 Attachment number 1 \nPage 2 of 12 Item # 30 Attachment number 1 \nPage 3 of 12 · · · Item # 30 Attachment number 1 \nPage 4 of 12 Item # 30 Attachment number 1 \nPage 5 of 12 Item # 30 Attachment number 1 \nPage 6 of 12 Item # 30 Attachment number 1 \nPage 7 of 12 · · · · · · Item # 30 Attachment number 1 \nPage 8 of 12 Item # 30 Attachment number 1 \nPage 9 of 12 Item # 30 Attachment number 1 \nPage 10 of 12 Item # 30 Attachment number 1 \nPage 11 of 12 Item # 30 Attachment number 1 \nPage 12 of 12 Item # 30 12'-6" 35' DOOR OPENING 12' X 8' INSTALL DOOR HARDWARE ON SEVERAL DOORS 41' 39' CLOSE 64' OPENING 82' DOORS MISSING 12'-6" 1,033 SQ. FT. 25' ELEVATOR 2,205 SQ. FT. North NOT TO SCALE 30' 52' North 1,560 SQ. FT. NOT TO SCALE Attachment number 4 \nPage 1 of 1 OP ID: BK CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/26/12 THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THIS CERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIES BELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy(ies)mustbeendorsed.IfSUBROGATIONISWAIVED,subjectto thetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthiscertificatedoesnotconferrightstothe certificate holder in lieu of such endorsement(s). CONTACT 727-447-6481 PRODUCER NAME: Bouchard-Clearwater FAX PHONE 727-449-1267 101 Starcrest Drive (A/C, No): (A/C, No, Ext): P O Box 6090 E-MAIL ADDRESS: Clearwater, FL 33758-6090 PRODUCER CLEA-37 Josh Bouchard CUSTOMER ID #: INSURER(S) AFFORDING COVERAGENAIC # Clearwater Marine Aquarium Scottsdale Insurance Company41297 INSURED INSURER A : Mr. David Yates Indemnity Ins Co of North Amer43575 INSURER B : 249 Windward Passage Aspen Specialty Insurance Co10717 INSURER C : Clearwater, FL 33767 Travelers Insurance Company87726 INSURER D : United States Liability Ins Co INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSUBR POLICY EFFPOLICY EXP INSR TYPE OF INSURANCELIMITS POLICY NUMBER (MM/DD/YYYY)(MM/DD/YYYY) LTR INSRWVD 1,000,000 GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED AXXCPS1240107 10/01/1110/01/12 100,000 COMMERCIAL GENERAL LIABILITY$ PREMISES (Ea occurrence) X 5,000 CLAIMS-MADEOCCURMED EXP (Any one person)$ BX P&I Insurance HUN00876008008 10/01/1110/01/12 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GENERAL AGGREGATE$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG$ PRO- X P&I Liabi1,000,000 $ POLICYLOC JECT COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) ANY AUTO BODILY INJURY (Per person)$ ALL OWNED AUTOS BODILY INJURY (Per accident)$ SCHEDULED AUTOS PROPERTY DAMAGE $ (Per accident) HIRED AUTOS $ NON-OWNED AUTOS $ X 9,000,000 UMBRELLA LIAB EACH OCCURRENCE$ OCCUR X 9,000,000 EXCESS LIAB CLAIMS-MADEAGGREGATE$ CCXA61QY11 10/01/1110/01/12 $ DEDUCTIBLE XNONE $ RETENTION$ WC STATU-OTH- WORKERS COMPENSATION TORY LIMITSER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below D ERISA Bond $10,00010542084203/23/1003/23/13 Umb NotOver This E D&O $5,000,000NDO1042863H10/01/1110/01/12 Umb NotOver This DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE; RENTAL SPACE AT HARBORVIEW CENTER, 320 CLEVELAND STREET, CLEARWATER, FLORIDA - CITY OF CLEARWATER IS ADDITIONAL INSURED ON GENERAL LIABILITY ONLUY IF REQUIRED BY WRITTEN CONTRACT AND SUBJECT TO TERMS, CONDITIONS AND LIMITS AS SPECIFIED IN THE POLICY. CERTIFICATE HOLDERCANCELLATION CITY OF SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE THEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDIN CITY OF CLEARWATER ACCORDANCE WITH THE POLICY PROVISIONS. 112 S. OSCEOLA AVE CLEARWATER, FL AUTHORIZED REPRESENTATIVE Item # 30 © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09)The ACORD name and logo are registered marks of ACORD Attachment number 5 \nPage 1 of 1 Client#: 132482969CLEARMAR ACORD DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/25/2012 TM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Lisa Fanning PRODUCER NAME: BB&T - Iler Wall & Shonter FAX PHONE 727 327-70708886328451 (A/C, No): (A/C, No, Ext): 12485 - 28th Street North E-MAIL ADDRESS: Saint Petersburg, FL 33716 INSURER(S) AFFORDING COVERAGENAIC # 727 327-7070 FFVA Mutual Insurance Company10385 INSURER A : Owners Insurance Company32700 INSURED INSURER B : Clearwater Marine Aquarium Inc INSURER C : 249 Windward Passage INSURER D : Clearwater, FL 33767 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSRWVD GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY$ PREMISES (Ea occurrence) CLAIMS-MADEOCCURMED EXP (Any one person)$ PERSONAL & ADV INJURY$ GENERAL AGGREGATE$ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG$ PRO- $ POLICYLOC JECT COMBINED SINGLE LIMIT B485734830009/30/201109/30/20121,000,000 AUTOMOBILE LIABILITY (Ea accident)$ BODILY INJURY (Per person)$ ANY AUTO ALL OWNEDSCHEDULED X BODILY INJURY (Per accident)$ AUTOSAUTOS NON-OWNEDPROPERTY DAMAGE XX $ HIRED AUTOS (Per accident) AUTOS $ UMBRELLA LIAB EACH OCCURRENCE$ OCCUR EXCESS LIAB CLAIMS-MADEAGGREGATE$ $ DEDRETENTION$ WC STATU-OTH- WORKERS COMPENSATION AWC84000218892012A04/01/201204/01/2013X TORY LIMITSER AND EMPLOYERS' LIABILITY Y / N 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N N / A OFFICER/MEMBER EXCLUDED? 500,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 500,000 E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Clearwater is listed as Additional Insured. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Clearwater THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 4748 ACCORDANCE WITH THE POLICY PROVISIONS. Clearwater, FL 33758 AUTHORIZED REPRESENTATIVE Item # 30 © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05)The ACORD name and logo are registered marks of ACORD 11of 1of 1 #S8807370/M8807367#S8807370/M8807367LF3 Attachment number 6 \nPage 1 of 3 Item # 30 Attachment number 6 \nPage 2 of 3 Item # 30 Attachment number 6 \nPage 3 of 3 Item # 30 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Reappoint Denise L. Rosenberger to the Airpark Advisory Board with term to expire April 30, 2016. (consent) SUMMARY: APPOINTMENT WORKSHEET Airpark Advisory Board BOARD: TERM: 4 Years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 CHAIRPERSON: Dennis G. Roper MEETING DATES: Quarterly (1st Wed.) - Feb., May, Aug., Nov. PLACE: Chambers - 3 p.m. 1 APPOINTMENTS NEEDED: THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Denise L. Rosenberger - 15 N. Meteor Ave., 33765 - Customer Service Agent/OPS Original Appointment: 7/17/08 (0 Absences in last year) st Yes Interest in reappointment: (1 term expires 7/31/12) Expiration of terms for this board has been moving to an April 30 expiration of various years for consistency Note - purposes. THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. William Bruce Brock - 211 Windward Passage, 33767 - Airline Capt. Check Pilot 2. Wayne Carothers - 1475 Excaliber Dr., 33764 - Pres./Founder Carr A/C & Htg. (Currently serving on the MCEB) 3. Elaine Granata - 601 N. Hercules Ave., #1602, 33765 - Medical Technologist 4. Thomas Hackney - 211 S. Comet Ave., 33765 - Safety/Maintenance Manager 5. Lauren Hallahan - 1537 Picardy Cir., 33755 - Consultant Zip codes of current members on board: 1 - 33755 2 - 33759 1 - 33761 1 - 33765 Cover Memo Item # 31 Review Approval: Attachment number 1 \nPage 1 of 2 Item # 31 Attachment number 1 \nPage 2 of 2 Item # 31 Attachment number 2 \nPage 1 of 2 Item # 31 Attachment number 2 \nPage 2 of 2 Item # 31 Attachment number 3 \nPage 1 of 2 Item # 31 Attachment number 3 \nPage 2 of 2 Item # 31 Attachment number 4 \nPage 1 of 2 Item # 31 Attachment number 4 \nPage 2 of 2 Item # 31 Attachment number 5 \nPage 1 of 2 Item # 31 Attachment number 5 \nPage 2 of 2 Item # 31 Attachment number 6 \nPage 1 of 2 Item # 31 Attachment number 6 \nPage 2 of 2 Item # 31 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Reappoint Joseph DeCicco as the Agency or Government representative and Arthonia Godwin as the Business owner or representative of the Brownfields Advisory Board with terms to expire May 31, 2016. (consent) SUMMARY: APPOINTMENT WORKSHEET Brownfields Advisory Board BOARD: TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: ** MEMBERS: 9 CHAIRPERSON: Ryley Jeanne Marchion Acting Chair MEETING DATE: As Called PLACE: Determined when called 2 APPTS. NEEDED: STAFF LIAISON: Diane Hufford SPECIAL QUALIFICATIONS : ** Three members will be Clearwater residents who live within or adjacent to the Brownfields Area; Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents of Clearwater; Three members will be representatives of federal or state agencies or local governments involved with the Brownfields remediation process within Pinellas County and need not be Clearwater residents THE FOLLOWING ADVISORY BOARD MEMBERS TERMS EXPIRED AND NOW WISH TO BE CONSIDERED FOR REAPPOINTMENT: (Received current applications) th 1. Joseph DeCicco 6889 124 Ave., Largo, FL 33773 Environmental Specialist (City of Clearwater) Original Appointment: 10/5/10 (was finishing unexpired term until 5/31/12) Interested in Reappointment: Yes Attendance: present at all previous meetings (Agency or Gov. rep) 2. Arthonia Godwin 1895 McCauley Rd., 33765 Self Employed/Interior Decorator st Original Appointment: 5/1/08 (1 term expired 5/31/12) Interested in Reappointment: Yes Attendance: present at all previous meetings (Business owner or rep) (No other applications on file pending nominee to fill vacant seat previous member, Wallace Smith passed away) Zip codes of current members: 3 at 33755 1 at 33761 1 at 33764 Cover Memo 1 at 33765 1 at 33773 Item # 32 1 at 33782 Current Categories: 3 Agency or Government Rep. 3 Business Owner or Rep. 2 Resident Review Approval: Cover Memo Item # 32 Attachment number 1 \nPage 1 of 2 Item # 32 Attachment number 1 \nPage 2 of 2 Item # 32 Attachment number 2 \nPage 1 of 2 Item # 32 Attachment number 2 \nPage 2 of 2 Item # 32 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt a tentative millage rate of 5.1550 mills for fiscal year 2012/13 and set public hearing dates on the budget for September 4, 2012 and September 20, 2012, to be held no earlier than 6:00 p.m. SUMMARY: In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting a budget. This information must be provided to the Pinellas County Property Appraiser and Tax Collector by August 4, 2012. This City's proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the first public hearing. The City Manager's recommended millage rate is 5.1550 mills. The rate is 1.60% less than the rolled back rate of 5.2387 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.1550 mills is adopted, the City's ordinance adopting the millage rate will reflect a 1.60% decrease from the rolled back rate of 5.2387 mills. The proposed millage rate as well as other TRIM millage rates will be noted on the 2012 compliance forms as follows: 5.1550 mills - Proposed millage rate 5.2387 mills - Rolled-back millage rate 7.7674 mills - Maximum majority vote rate 8.5441 mills - Maximum two-thirds vote rate Review Approval: Cover Memo Item # 33 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Provide direction regarding the report of the Marine Advisory Board relating to City support of a proposed amendment to the Gulf of Mexico Fisheries Management Councils Reef Fish Management Plan allowing for sector separation as requested of the City by the Clearwater Marine Association, a group formed by and representing chartered/for hire fishing fleet. SUMMARY: The Gulf of Mexico Fisheries Management Council (GMFMC), through the federal Fisheries Conservation and Management Act (the Magnuson-Stevenson Act), is responsible for developing fishery management plans to manage fishery resources from where state waters end, out to the 200-mile limit of the Gulf of Mexico. Fisheries Management Plans, particularly the Reef Fish Management Plan, are based on separate catch quotas for the recreational sector and the commercial sector. The commercial sector includes fisheries to supply restaurants, seafood stores and the like. The recreational sector includes private individuals fishing for their own enjoyment and specifically includes charter boats and head boats such as those that operate out of the Clearwater Beach Marina. The GMFMC is currently considering an amendment to the its Reef Fish Management Plan (amendment 39) that would develop a program for sector separation, which would allow charter fishing boats and head boats to be allocated a separate annual catch quota from the recreational sector. This sector separation would not allow the charter boats and head boats to take more fish, only manage the number they catch over the entire year and not lose customers during closed months. Charter and head boats will be obliged to log and report their catch to the Gulf of Mexico Fisheries Management Council to provide more data on the health of the various fish species, therefore better managing fish stocks and potentially increasing the fishing season so that captains can manage their businesses more effectively. At the present time the proposed amendment is at the Scoping stage, defined by the GMFMC as a period when the Council gathers suggestions and ideas from stakeholders and others about how to solve a fishery problem or address a need. The goal of scoping is to identify issues, potential impacts, and reasonable alternatives associated with the issues at hand so that reasonable management actions and alternatives can be developed. The Marine Advisory Board convened a special meeting during the first week of July and staff is requesting direction from the City Council on actions to take with regard to this issue based on the Marine Advisory Boards recommendation. After a 90 minute discussion, the Marine Advisory Board voted in favor of supporting the request of the Clearwater Marine Association for sector separation. Review Approval: Cover Memo Item # 34 Attachment number 1 \nPage 1 of 36 Tab B, No. 8 6/12/12 Scoping Document for Amendment 39 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico Sector Separation June 2012 Gulf of Mexico Fishery Management National Oceanic & Atmospheric Council Administration 2203 North Lois Avenue, Suite 1100 National Marine Fisheries Service Tampa, Florida 33607 Southeast Regional Office th 813-348-1630 263 13 Avenue South 813-348-1711 (fax) St. Petersburg, Florida 33701 888-833-1844 Toll Free 727-824-5305 gulfcouncil@gulfcouncil.org 727-824-5308 (fax) http://www.gulfcouncil.org http://sero.nmfs.noaa.gov This is a publication of the Gulf of Mexico Fishery Management Council Pursuant to National Oceanic and Atmospheric Administration Award No. NA10NMF4410011. Item # 34 Attachment number 1 \nPage 2 of 36 This page intentionally left blank. Item # 34 Attachment number 1 \nPage 3 of 36 TABLE OF CONTENTS ABBREVIATIONS USED IN THIS DOCUMENT ...................................................................... 2 INTRODUCTION .......................................................................................................................... 1 PURPOSE AND NEED .................................................................................................................. 1 BACKGROUND ............................................................................................................................ 2 Permits and licenses .................................................................................................................... 2 Red snapper landings .................................................................................................................. 4 Red snapper effort ....................................................................................................................... 6 SCOPE OF ACTIONS .................................................................................................................... 8 Species Inclusion ........................................................................................................................ 8 Potential sub-sectors ................................................................................................................. 14 Allocation of recreational quota among sub-sectors ................................................................. 21 Annual catch limits and accountability measures ..................................................................... 25 FURTHER CONSIDERATIONS ................................................................................................. 25 REFERENCES ............................................................................................................................. 26 APPENDIX ................................................................................................................................... 27 Item # 34 i Attachment number 1 \nPage 4 of 36 ABBREVIATIONS USED IN THIS DOCUMENT ACL Annual Catch Limit AM Accountability Measure Council Gulf of Mexico Fishery Management Council EFP Exempted Fishing Permit FMP Fishery Management Plan IFQ Individual Fishing Quota NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Administration SEDAR Southeast Data, Assessment and Review SERO Southeast Regional Office Item # 34 2 Attachment number 1 \nPage 5 of 36 INTRODUCTION The recreational sector in the Gulf of Mexico includes a private recreational component and a for-hire component. The for-hire component includes headboats and charter vessels. Current recreational management measures such as season length, daily bag limits and size limits are typically applied to the recreational sector as a whole, without making a distinction between the private recreational and for-hire components. In this document, sector separation is defined as the partition of a sector into distinct components. Specifically, the separation of the recreational sector would entail the partition of the sector into two or three distinct sub-sectors. A two-way partition would result in a private recreational sub-sector and a for-hire sub sector. A three-way split would further divide the for- hire sub-sector into separate charterboat and headboat sub-sectors. Since 2004, federal reef fish charter for-hire permits have been in moratorium. This means that entrance to participation is capped; no additional federal permits are available. This also means that access to these vessels is limited to the recreational anglers that can fit on these permitted vessels. On the other hand, there is no limiting factor to the number of private recreational vessels which may target reef fish species; it is an open access fishery. There is also no limit to the number of state-permitted for-hire vessels. Over time, an increase in the number of private recreational vessels, while federal for-hire vessels have decreased in number, has resulted in private vessel landings representing a greater proportion of the recreational quota as a whole. This change in vessel demographics is one issue that may be addressed by sector separation. Additionally, landings data for the private recreational sector are associated with a high degree of uncertainty. When private recreational landings estimates are combined with for-hire sector landings data, less effective management measures may be implemented in the for-hire sector. Management measures considering recreational sector separation have been included and subsequently removed from Amendment 32 to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP) and from the Generic Annual Catch Limit/Accountability (ACL/AM) Amendment. Previous analyses of sector separation were presented to the Gulf of Mexico Fishery Management Council (Council) in April and October 2011, and April 2012. At the April 2012 Council meeting, the Council indicated its intent to further discuss issues related to sector separation by deciding to formally initiate a plan amendment to the Reef Fish FMP that would consider the addition of sector separation to the instruments used to manage the recreational sector in the Gulf of Mexico. This scoping document is provided to aid the Council’s further consideration of sector separation. PURPOSE AND NEED The purpose of Amendment 39 is to improve management of the recreational sector (i.e., charter, headboats, and private vessels) in the reef fish fishery by reducing the degree to which scientific and management uncertainty associated with current data collection efforts may affect management decisions. The need for Amendment 39 is to enable the for-hire sector to improve management of their business, reduce management uncertainty, and prevent overfishing. Item # 34 1 Attachment number 1 \nPage 6 of 36 BACKGROUND To contextualize sector separation, this section provides background information on changes within the recreational sector focused around increases in licenses, landings, and effort. First, changes in the number of state fishing licenses, state for-hire permits, and federal for-hire permits, as well as a breakdown in the number of charter vessels and headboats are summarized. Then, information on recreational red snapper landings and effort is provided, including a comparison between annual landings and the quota, and increases in the number of angler trips for the entire recreational sector and by mode. Overall, these data suggest an increase in recreational effort over time as well as the proportional growth in landings represented by private vessels compared with for-hire vessels. Additionally, this section uses red snapper landings, quota, and effort (angler trips) data for analysis as red snapper has been the primary species in previous analyses of sector separation presented to the Council. To simplify interpretation of these data, figures are included in the text and tables are located in the appendix. Permits and licenses State Saltwater Fishing Licenses Between 2000 and 2009, most Gulf States recorded increases in the annual number of saltwater fishing licenses sold (Table A1). During this time interval, the largest increase (56.6%) was recorded for the state of Texas. In Alabama, Florida, and Louisiana fishing licenses increased by 6.2%, 1.5%, and 9.2%, respectively. In Mississippi, the only state with a decrease in the number of fishing licenses during this interval, the number of licenses fell by 18.6%. Overall, the number of recreational saltwater fishing licenses in the Gulf of Mexico increased by 20.5% (Figure 1). There is no limit on the number of state saltwater fishing licenses which may be sold. State For-Hire Permits Between 2000 and 2009, the number of state for-hire permits sold by Gulf states increased by 20% (Table A2). In 2009, Florida accounted for 53.7% of the permits, the largest proportion. Alabama, Louisiana, Mississippi, and Texas accounted for 2.8%, 10.3%, 2.1%, and 31.0% of the permits, respectively. There is no limit on the number of state for-hire permits which may be sold. Federal For-hire Reef Fish Permits Implemented in 2004, Amendment 20 to the Reef Fish FMP (GMFMC 2003) established a moratorium on the sale of federal for-hire reef fish permits, effectively limiting the maximum number of permits to 1,693. Although existing permits are transferable, by 2011 the number of federal for-hire reef fish permits had decreased to 1,362 or by 19.6% (Table A3). In 2011, of the five Gulf of Mexico states, Florida accounted for 60.6% of the permits, the largest proportion of federal for-hire reef fish permits. Texas, Alabama, Louisiana and Mississippi accounted for 16.2%, 10.9%, 8.8%, and 3.5% of the permits in 2011, respectively. The decreasing number of federal for-hire permits is compared alongside the increasing number of saltwater fishing licenses in Figure 1. Item # 34 2 Attachment number 1 \nPage 7 of 36 Charter vessels and headboats For-hire vessels could be further divided into charter vessels and headboats as potential sub- sectors under sector separation. Generally, charter boats sell passage to anglers as a group, while headboats generally sell passage to anglers individually. Here, headboats are identified as those vessels with a reef fish for-hire permit which also participate in the Southeast region headboat survey. The number of participating headboats by state between 2003 and 2011 is provided in Table A4. In 2011, Florida and Texas accounted for approximately 52% and 27% of the headboats, respectively. Figure 1. Relationship between the number of state saltwater licenses and federal charter for- hire permits for all Gulf of Mexico states. Source: Gulf Red Snapper Sector Separation Model, NMFS-SERO (4/2011). Item # 34 3 Attachment number 1 \nPage 8 of 36 Red snapper landings Annual recreational red snapper quotas and landings in the Gulf of Mexico between 1991 and 2011 are shown in Figure 2 and Table A5. The largest recreational red snapper quota to date was in effect between 1996 and 2006 (4.47 million pounds whole weight). The lowest recreational red snapper quota, 1.96 million pounds whole weight, was in effect in the early 1990s. A comparison of the recreational landings to annual quotas indicates that, in the last 20 years, the quota has been exceeded more than ten times. Figure 2. Red snapper recreational landings, all modes combined, and annual recreational quota. Source: SEFSC ACL Recreational Dataset (4/2012). Item # 34 4 Attachment number 1 \nPage 9 of 36 Figure 3 separates the recreational landings into those made from private vessel and from for- hire vessels. For most of the 1990s, over one million more pounds of landings each year were made from for-hire vessels than private vessels, with the gap narrowing during the early 2000s. Since 2007, more red snapper have been landed from private vessels than for-hire vessels. Figure 3. Red snapper recreational landings by mode (private vessels; for-hire includes charters and headboats combined). Source: SEFSC ACL Recreational Dataset (4/2012). Item # 34 5 Attachment number 1 \nPage 10 of 36 Red snapper effort Measured by number of angler trips, recreational angler effort has increased overall (Figure 4). An analysis of annual red snapper angler trips in the Gulf of Mexico based on a series of 5-year averages illustrates an increase in recreational red snapper-related effort in the Gulf of Mexico, where the average annual number of angler trips increased from 400,467 (1986-1990) to 599,878 (1996-2000) and 740,950 (2005-2009) (Table A6). Figure 4. Numberof red snapper recreational angler trips by year for the Gulf of Mexico. Source: NMFS-SERO. Item # 34 6 Attachment number 1 \nPage 11 of 36 While overall angler effort has increased, the moratorium on charter permits has limited growth in the industry. Information on the number of recreational angler trips targeting red snapper taken on private vessels and for-hire vessels is shown in Figure 5. An evaluation of effort by mode suggests that private recreational anglers now account for an increasing share of the red snapper-related effort in the Gulf of Mexico. While private angling represented on average 33% of the red snapper angler-trips for the time interval between 1986 and 1990, the sub-sector accounted for an average of 46% of angler-trips between 2005 and 2009 (Table A7). By 2011, 55% of the red snapper angler-trips in the Gulf of Mexico were attributed to private anglers. Figure 5. Number of red snapper angler trips taken on private and for-hire (charter and headboat) vessels.Source: NMFS-SERO. Item # 34 7 Attachment number 1 \nPage 12 of 36 SCOPE OF ACTIONS Reef Fish Amendment 39 is expected to include a wide array of actions. Potential management actions include the selection of species to be included, the number of sectors into which the recreational quota would be divided, and the allocation of quota to each new sub-sector. Allocation decisions would follow the principles and guidelines established by the Council. Additional actions could include establishing annual catch limits, annual catch targets, and accountability measures for the sub-sectors, as well as other management measures such as effort restrictions, if deemed appropriate to the new sub-sectors. Species Inclusion The species to be managed separately under new sub-sectors would need to be selected. Currently, six reef fish species have established allocations between the commercial and recreational sectors: red snapper, gag, red grouper, black grouper, greater amberjack, and gray triggerfish. These species would not require additional steps to implement sector separation because sector allocations already exist. Four of the species are currently under a rebuilding plan (red snapper, gag, greater amberjack, gray triggerfish) while the remaining two are not (red and black grouper). Total recreational landings of each species are provided below. Red Snapper Red snapper landings data were discussed previously (Figure 2). Of all reef fish species, red snapper has the longest history of having a sector allocation and corresponding quota. Red snapper continues to be under a rebuilding plan; while overfishing is no longer occurring, red snapper is classified as overfished. Item # 34 8 Attachment number 1 \nPage 13 of 36 Gag Sector specific allocations for gag were implemented for the first time through Amendment 30B (GMFMC 2008a). Gag is currently under a rebuilding plan and is classified as both overfished and undergoing overfishing. Figure 6. Gag recreational landings, all modes combined. Source: SEFSC ACL Recreational Dataset (4/2012), post-stratified MRFSS data for calculating charter and private modes. Item # 34 9 Attachment number 1 \nPage 14 of 36 Red grouper Red grouper is not considered overfished or undergoing overfishing. The recreational sector has not landed its quota in recent years. Sector specific allocations for red grouper were implemented for the first time through Amendment 30B (GMFMC 2008a). Figure 7. Red grouper recreational landings, all modes combined. Source: SEFSC ACL Recreational Dataset (4/2012). Item # 34 10 Attachment number 1 \nPage 15 of 36 Black grouper The Generic ACL/AM amendment implemented in 2012 (GMFMC 2011) established a jurisdictional apportionment of black grouper with the South Atlantic region and a sector allocation for the first time. Figure 8. Black grouper recreational landings, all modes combined. Source: SEFSC ACL Recreational Dataset (4/2012), post-stratified MRFSS data for calculating charter and private modes. Item # 34 11 Attachment number 1 \nPage 16 of 36 Greater amberjack Greater amberjack is considered overfished and undergoing overfishing. Amendment 30A (GMFMC 2008b), implemented a rebuilding plan for greater amberjack and an interim sector allocation. Figure 9. Greater amberjack recreational landings, all modes combined. Source: SEDAR Update Assessments for Gulf Greater Amberjack (2011). Item # 34 12 Attachment number 1 \nPage 17 of 36 Gray Triggerfish Greater amberjack is considered overfished and undergoing overfishing. Amendment 30A (GMFMC 2008b), implemented a rebuilding plan for greater triggerfish and set a sector allocation. Figure 10. Gray Triggerfish recreational landings, all modes combined. Source: SEFSC ACL Recreational Dataset (4/2012). Item # 34 13 Attachment number 1 \nPage 18 of 36 Potential sub-sectors The number of sub-sectors into which to divide the recreational sector has yet to be determined. It is possible to divide the sector into two sub-sectors (private vessels and for-hire vessels), or to further subdivide the for-hire vessels into charter and headboats, resulting in three sub-sectors. Different management measures and reporting requirements could be applied as appropriate to the newly created sub-sectors. A three-way split would result in a small, third sub-sector as generally, headboats represent the smallest proportion of landings for all species and the fewest number of vessels. On the other hand, headboats are closely monitored; vessels identified as headboats are required to report landings in the Headboat Survey. The Council has considered two pilot programs for the for-hire industry, a Days at Sea program for charter vessels and an individual fishing quota (IFQ) program for headboats. Also, at the April 2012 Council meeting, an Exempted Fishing Permit (EFP) request for a Gulf of Mexico Headboat Cooperative IFQ project was reviewed. The Council passed a motion recommending that National Oceanic and Atmospheric Administration (NOAA) Fisheries Service approve the EFP. This section provides information on landings for each species and each potential sub-sector, and the proportion of landings by mode (private, charter, headboat). Item # 34 14 Attachment number 1 \nPage 19 of 36 Red Snapper Private and for-hire recreational landings were shown in Figure 3. Table 1 includes landings by year for the private, charter, and headboat modes and the proportion of each group’s landings out of the total recreational landings. Since 1986, private landings have increased as a percentage of the total recreational landings, while landings from charter vessels have decreased proportionally. Headboat landings have also decreased over time, but by a smaller percentage than charter vessels. Table 1. Recreational red snapper landings by mode (pounds and percent) (1986-2011). PrivateCharterHeadboat Year Landings%Landings%Landings% 1986 744,020 26.9%1,615,65258.3%410,487 14.8% 1987 504,817 27.8%898,81849.5%411,040 22.7% 1988 1,036,703 40.4%917,31135.7%614,156 23.9% 1989 950,521 35.8%719,47827.1%986,440 37.1% 1990 579,127 35.9%656,37140.7%378,312 23.4% 1991 704,864 29.9%1,169,82949.6%483,672 20.5% 1992 1,942,064 49.8%1,007,35325.8%950,062 24.4% 1993 2,202,501 38.7%2,099,85636.9%1,384,389 24.3% 1994 2,102,209 39.7%1,671,45131.5%1,525,449 28.8% 1995 1,908,800 39.6%1,547,81432.2%1,357,623 28.2% 1996 1,256,517 28.9%1,680,93938.7%1,408,779 32.4% 1997 2,241,808 37.3%2,462,17241.0%1,304,411 21.7% 1998 1,332,422 31.3%1,800,49442.3%1,124,745 26.4% 1999 2,066,254 51.7%1,233,84430.9%698,967 17.5% 2000 1,691,054 43.0%1,477,69937.6%763,287 19.4% 2001 2,408,801 53.9%1,485,98033.3%573,486 12.8% 2002 2,428,362 45.1%2,129,99539.6%824,802 15.3% 2003 2,238,727 46.2%1,816,33837.5%791,897 16.3% 2004 2,235,647 44.7%2,067,41341.4%693,276 13.9% 2005 1,881,652 46.1%1,675,77741.0%526,337 12.9% 2006 1,775,637 44.2%1,669,41841.5%576,238 14.3% 2007 2,289,081 51.6%1,663,93037.5%487,004 11.0% 2008 2,132,388 57.5%1,171,31831.6%407,952 11.0% 2009 2,617,439 56.6%1,201,24426.0%805,893 17.4% 2010 1,346,732 60.2%462,64920.7%429,527 19.2% 2011 3,078,868 893,123630,563 66.9%19.4%13.7% Source: SEFSC Recreational ACL Dataset (April 2012), Headboat Survey CRNF Files (1986- 2011). Landings in pounds whole weight. Item # 34 15 Attachment number 1 \nPage 20 of 36 Gag Although there is variation from year to year, landings over time by mode have remained far more consistent for gag than red snapper (Table 2). Generally, a small proportion of gag landings are made by headboats. Table 2. Recreational gag landings by mode (pounds and percent) (1991-2011). Private Vessel CharterHeadboat Year Landings%Landings%Landings% 1991 1,974,973 118,66880,308 90.8%5.5%3.7% 1992 1,228,123 302,32487,679 75.9%18.7%5.4% 1993 1,526,769 627,588199,171 64.9%26.7%8.5% 1994 1,373,530 395,227134,659 72.2%20.8%7.1% 1995 1,952,262 802,582113,434 68.1%28.0%4.0% 1996 1,410,790 516,36387,123 70.0%25.6%4.3% 1997 1,763,413 647,80386,450 70.6%25.9%3.5% 1998 2,204,291 977,196202,658 65.1%28.9%6.0% 1999 2,557,425 842,184166,257 71.7%23.6%4.7% 2000 3,569,683 1,168,219199,993 72.3%23.7%4.1% 2001 2,891,660 961,905116,647 72.8%24.2%2.9% 2002 3,025,414 729,97179,846 78.9%19.0%2.1% 2003 2,562,164 661,429109,768 76.9%19.8%3.3% 2004 3,629,909 1,036,088169,414 75.1%21.4%3.5% 2005 2,585,025 920,907112,442 71.4%25.5%3.1% 2006 1,389,061 526,95749,236 70.7%26.8%2.5% 2007 2,098,159 414,01274,226 81.1%16.0%2.9% 2008 2,338,659 723,62574,805 74.5%23.1%2.4% 2009 1,205,419 384,10767,255 72.8%23.2%4.1% 2010 1,219,595 402,82972,747 71.9%23.8%4.3% 2011 542,911 94,27450,236 79.0%13.7%7.3% Source: SEFSC Recreational ACL Dataset (April 2012), post-stratified MRFSS data, and Headboat Survey CRNF Files (1986-2011). Landings in pounds whole weight. Item # 34 16 Attachment number 1 \nPage 21 of 36 Red grouper Compared with red snapper, the pattern of landings by mode for red grouper has shifted in the opposite direction. For red grouper, for-hire landings have increased proportionally over time while private vessel landings have decreased (Table 3). As with gag, headboats make up a small proportion of recreational red grouper landings. Table 3. Recreational red grouper landings by mode (pounds and percent) (1991-2011). PrivateCharterHeadboat Year Landings%Landings%Landings% 1991 1,722,438 66,50460,737 93.1%3.6%3.3% 1992 2,589,750 244,20152,651 89.7%8.5%1.8% 1993 2,050,688 168,62376,119 89.3%7.3%3.3% 1994 1,802,085 156,76655,351 89.5%7.8%2.7% 1995 1,461,416 399,49594,210 74.7%20.4%4.8% 1996 654,684 134,47184,368 74.9%15.4%9.7% 1997 442,734 140,37925,107 72.8%23.1%4.1% 1998 567,797 135,78023,338 78.1%18.7%3.2% 1999 993,539 223,35448,009 78.5%17.7%3.8% 2000 1,492,442 732,36851,055 65.6%32.2%2.2% 2001 1,047,165 368,14231,630 72.4%25.4%2.2% 2002 1,432,455 311,72624,636 81.0%17.6%1.4% 2003 1,085,874 273,14140,337 77.6%19.5%2.9% 2004 2,605,998 629,76768,272 78.9%19.1%2.1% 2005 907,278 524,08278,609 60.1%34.7%5.2% 2006 725,382 254,92826,702 72.0%25.3%2.7% 2007 847,903 191,85325,858 79.6%18.0%2.4% 2008 591,192 305,26139,409 63.2%32.6%4.2% 2009 734,796 191,31531,003 76.8%20.0%3.2% 2010 470,172 168,70627,315 70.6%25.3%4.1% 2011 400,295 235,89138,458 59.3%35.0%5.7% Source: SEFSC Recreational ACL Dataset (April 2012), Headboat Survey CRNF Files (1986- 2011). Landings in pounds whole weight. Item # 34 17 Attachment number 1 \nPage 22 of 36 Black grouper There appears to be less consistency in recreational landings of black grouper by mode over time. Although it appears that charter vessels represent a greater proportion of landings over time, landings from 1992-2009 appear to be more consistent across modes (Table 4). While headboats represented a small proportion of gag and red grouper landings, for some years, headboats represented over a third of recreational black grouper landings; for other years, the proportion of landings by headboats is more consistent with other grouper species. Table 4. Recreational black grouper landings by mode (pounds and percent) (1991-2011). PrivateCharterHeadboat Year Landings%Landings%Landings% 1991 313,957 18,24810,914 91.5%5.3%3.2% 1992 166,839 60,54412,238 69.6%25.3%5.1% 1993 119,529 37,21112,430 70.7%22.0%7.3% 1994 83,011 97,28213,104 42.9%50.3%6.8% 1995 63,056 68,45524,350 40.5%43.9%15.6% 1996 193,716 22,42126,065 80.0%9.3%10.8% 1997 264,226 88,18341,191 67.1%22.4%10.5% 1998 62,624 89,21276,861 27.4%39.0%33.6% 1999 10,179 16,64316,024 23.8%38.8%37.4% 2000 31,438 19,9554,753 56.0%35.5%8.5% 2001 18,114 28,53723,473 25.8%40.7%33.5% 2002 53,554 27,3787,698 60.4%30.9%8.7% 2003 102,186 61,8904,360 60.7%36.7%2.6% 2004 46,528 65,9984,073 39.9%56.6%3.5% 2005 27,470 40,4192,821 38.8%57.2%4.0% 2006 62,483 21,7451,391 73.0%25.4%1.6% 2007 66,268 56,714963 53.5%45.8%0.8% 2008 117,614 20,941765 84.4%15.0%0.5% 2009 22,531 10,182186 68.5%30.9%0.6% 2010 6,681 13,008349 33.3%64.9%1.7% 2011 5,226 9,477596 34.2%61.9%3.9% Source: SEFSC Recreational ACL Dataset (April 2012), post-stratified MRFSS data, and Headboat Survey CRNF Files (1986-2011). Landings in pounds whole weight. Item # 34 18 Attachment number 1 \nPage 23 of 36 Greater amberjack Over time, a greater proportion of greater amberjack appears to have been landed by private vessels compared to for-hire vessels (Table 5). For the most recent year, however, the opposite appears to be the case, with charter vessels landing 60% of the total recreational landings. Table 5. Recreational greater amberjack landings by mode (pounds and percent) (1991-2011). PrivateCharterHeadboat Year Landings%Landings%Landings% 1991 175,784 2,688,238102,687 5.9%90.6%3.5% 1992 508,327 1,675,541312,152 20.4%67.1%12.5% 1993 576,282 2,218,096225,868 19.1%73.4%7.5% 1994 266,416 1,135,435213,119 16.5%70.3%13.2% 1995 374,195 350,849143,994 43.1%40.4%16.6% 1996 489,234 658,254139,588 38.0%51.1%10.8% 1997 297,063 764,589125,349 25.0%64.4%10.6% 1998 186,955 374,92688,595 28.7%57.6%13.6% 1999 291,268 483,40273,508 34.3%57.0%8.7% 2000 302,691 633,984100,732 29.2%61.1%9.7% 2001 598,387 571,31989,436 47.5%45.4%7.1% 2002 643,471 1,243,479160,636 31.4%60.7%7.8% 2003 1,369,746 1,090,892199,347 51.5%41.0%7.5% 2004 1,142,251 1,130,351108,769 48.0%47.5%4.6% 2005 909,513 473,91961,281 63.0%32.8%4.2% 2006 390,384 941,68279,892 27.6%66.7%5.7% 2007 331,524 687,49259,436 30.7%63.7%5.5% 2008 705,833 539,85454,544 54.3%41.5%4.2% 2009 777,489 713,727103,191 48.8%44.8%6.5% 2010 718,841 551,95553,203 54.3%41.7%4.0% 2011 353,619 623,77662,835 34.0%60.0%6.0% Source: SEDAR Update Assessments for Gulf Greater Amberjack (2011). Landings in pounds whole weight. Item # 34 19 Attachment number 1 \nPage 24 of 36 Gray Triggerfish Headboats make up a larger proportion of recreational landings than for most of the species discussed above; the percentage landed by headboats has also remained fairly consistent. Overall, private vessels appear to be landing a greater proportion of gray triggerfish, while charter vessels’ proportional landings have decreased (Table 6). Table 6. Recreational gray triggerfish landings by mode (pounds and percent) (1991-2011). PrivateCharterHeadboat Year Landings%Landings%Landings% 1991 291,587 1,668,651153,049 13.8%79.0%7.2% 1992 597,114 621,343170,053 43.0%44.7%12.2% 1993 390,209 796,563183,066 28.5%58.2%13.4% 1994 199,082 779,040186,036 17.1%66.9%16.0% 1995 273,344 793,885171,741 22.1%64.1%13.9% 1996 152,526 316,506124,892 25.7%53.3%21.0% 1997 200,695 384,164109,031 28.9%55.4%15.7% 1998 222,257 218,36188,623 42.0%41.3%16.7% 1999 230,432 175,94869,481 48.4%37.0%14.6% 2000 244,449 161,98861,995 52.2%34.6%13.2% 2001 170,516 219,66867,528 37.3%48.0%14.8% 2002 321,771 278,97190,952 46.5%40.3%13.1% 2003 455,960 241,510104,409 56.9%30.1%13.0% 2004 502,784 343,060100,066 53.2%36.3%10.6% 2005 238,096 261,48984,130 40.8%44.8%14.4% 2006 229,724 164,03458,178 50.8%36.3%12.9% 2007 218,001 147,13862,685 51.0%34.4%14.7% 2008 191,794 178,83248,584 45.8%42.7%11.6% 2009 280,642 85,77034,615 70.0%21.4%8.6% 2010 184,454 86,15025,756 62.2%29.1%8.7% 2011 220,962 190,13850,449 47.9%41.2%10.9% Source: SEFSC Recreational ACL Dataset (April 2012), Headboat Survey CRNF Files (1986- 2011). Landings in pounds whole weight. Item # 34 20 Attachment number 1 \nPage 25 of 36 Allocation of recreational quota among sub-sectors Sector separation would involve establishing allocations of quotas to the newly formed sub- sectors. Sector separation could create an allocation between private anglers and the for-hire industry, which could be further divided between headboats and charter vessels. With separate allocations, fishing regulations could be tailored to each sub-sector, if appropriate. Potential allocations based on averages of historical landings for various time series are calculated for the for-hire (charter and headboat) and private vessel sub-sectors (Table 7). Using the same time series, Table 8 provides the potential allocations for a three-way split (private, charter, and headboat). For the different time intervals and species combinations, varying changes in the amount of landings represented by each sector is apparent. For all species except red grouper, the proportion of landings taken by the private vessels has increased and decreased for for-hire vessels. However, this increase is small for gag (approximately 2%) and black grouper (approximately 5%). The largest shift over the range of years provided occurs with gray triggerfish where, in comparing the longest and most recent year ranges, private vessels now represent approximately 18% more landings than for-hire vessels. Red grouper, the one species examined for which recreational landings have increased proportionally from for-hire vessels, saw a decrease in landings from private vessels by approximately 7%. These proportions are approximate. Changing the years included in an analysis of time series will result in different potential allocations. Item # 34 21 Attachment number 1 \nPage 26 of 36 Table 7. Proportion of recreational quota for each species which could be allocated to private and for-hire sub-sectors using averages of historical landings for varying years. Red snapper Black grouper Range of Range of For- yearsPrivateFor-HireyearsPrivateHire 1991-2011 45.50% 54.50%1991-2011 61.3% 38.7% 1996-2011 57.6% 42.4% 1996-2011 47.20% 52.80% 2001-2011 56.7% 43.3% 2001-2011 51.50% 48.50% 2006-2011 67.3% 32.7% 2006-2011 56.00% 44.00% Greater amberjack Gag Range of For- Range of yearsPrivateHire yearsPrivateFor-Hire 1991-2011 34.0% 66.0% 1991-2011 73.4% 26.6% 1996-2011 42.2% 57.8% 1996-2011 73.3% 26.7% 2001-2011 45.3% 54.7% 2001-2011 75.0% 25.0% 2006-2011 42.3% 57.7% 2006-2011 75.0% 25.0% Gray Triggerfish Red grouper Range of For- Range of yearsPrivateHire yearsPrivateFor-Hire 1991-2011 36.4% 63.6% 1991-2011 78.2% 21.8% 1996-2011 46.7% 53.3% 1996-2011 73.2% 26.8% 2001-2011 50.8% 49.2% 2001-2011 73.6% 26.4% 2006-2011 53.9% 46.1% 2006-2011 71.0% 29.0% Item # 34 22 Attachment number 1 \nPage 27 of 36 Table 8. Proportion of recreational quota for each species which could be allocated to three sub- sectors: private, charter, and headboat using averages of historical landings for varying years. Red snapperBlack Grouper Range of Range of yearsPrivateCharter HeadboatyearsPrivateCharter Headboat 1991-2011 45.5%35.2% 19.3%1991-2011 61.3% 29.2% 9.5% 1996-2011 47.2%35.6% 17.2%1996-2011 57.6% 31.3% 11.2% 2001-2011 51.5%34.2% 14.2%2001-2011 56.7% 38.2% 5.0% 2006-2011 56.0%29.9% 14.1%2006-2011 67.3% 31.7% 1.0% GagGreater Amberjack Range of Range of yearsPrivateCharter HeadboatyearsPrivateCharter Headboat 1991-2011 73.4%22.6% 4.0%1991-2011 34.0% 58.3% 7.6% 1996-2011 73.3%23.1% 3.6%1996-2011 42.2% 50.9% 6.9% 2001-2011 75.0%21.9% 3.1%2001-2011 45.3% 48.8% 5.9% 2006-2011 75.0%21.7% 3.3%2006-2011 42.3% 52.4% 5.3% Red GrouperGray triggerfish Range of Range of yearsPrivateCharter HeadboatyearsPrivateCharter Headboat 1991-2011 78.2% 18.6% 3.2%1991-2011 36.4% 50.8% 12.8% 1996-2011 73.2% 23.5% 3.2%1996-2011 46.7% 39.7% 13.6% 2001-2011 73.6% 23.4% 2.9%2001-2011 50.8% 37.0% 12.2% 2006-2011 71.0% 25.4% 3.6%2006-2011 53.9% 34.7% 11.4% Red snapper An evaluation of a series of 5-year averages suggests that, between 1986 and 2011, private recreational anglers account for an increasing proportion of the recreational red snapper landings. On average, between 1986-1990, 1995-1999, and 2005-2009, private recreational anglers accounted for approximately 33.4%, 37.6%, and 51.2% respectively, of the total recreational landings for those intervals; the proportion of recreational red snapper landed by the for-hire sector decreased accordingly (66.6%, 62.4%, and 48.8%). Proportions of the red snapper quota harvested by each sub-sector and potential changes in season length for each sub-sector were derived based on a decision model developed by NOAA Fisheries Service’s Southeast Regional Office (SERO). All estimates reported in this section assume that for-hire vessels without federal permits fishing in state waters account for 10% of the for-hire red snapper landings. It is also assumed that the average weight of a red snapper increases as projected by the Southeast Data, Assessment and Review (SEDAR) Update assessment and that participation levels in the for-hire and private recreational sub-sectors Item # 34 23 Attachment number 1 \nPage 28 of 36 remain at 2011 levels. Number of days in the red snapper season for each sub-sector can be compared to the forecasted recreational red snapper season length without sector separation. Forecasted recreational red snapper season lengths between 2012 and 2015 are provided below. It is important to note that the season length estimates are expressed in effective days, which typically correspond to actual seasons that are about two days shorter. Table 9. Estimated recreational red snapper season length for 2012 to 2015. YearDays 2012 42 2013 46 2014 50 2015 53 Average 48 Source: NMFS-SERO (based on sector separation decision model) Possible alternative allocations between the for-hire and private recreational sub-sectors based on historical red snapper landings for various time intervals were used to evaluate sector separation scenarios. For each scenario, the expected season length and changes in season length relative to the estimated recreational season length without sector separation are provided. It is important to note that headboat landings in state waters are included in the private recreational sub-sector. For the for-hire and private recreational sub-sectors, season length and percentage change estimates are provided in Tables A8 and A9, respectively. Using allocations based on historical landings between 1986 and 2011, the longest data series available, the for-hire sector would receive about 50.3% of the recreational red snapper quota. In general, other things equal, the more recent the time period upon which the allocations between the private recreational and the for-hire sub-sectors are based, the smaller the proportion allocated to the for-hire sector. Table A9 displays a sample of year ranges of historical landings for which the percentages of the recreational quota allocated to the for-hire sub-sector could be based along with the corresponding proportion which would be allocated to a for-hire sub-sector. Estimated for-hire red snapper seasons follow a similar pattern, i.e., allocations based on more recent time intervals, all other things being held constant, would result in shorter seasons. Between 2012 and 2015, the average for-hire red snapper season would decrease from 67 days for an allocation based on 1986-2011 landings to 29 days for an allocation based on 2011 landings. Allocations to the private recreational sub-sector and corresponding season lengths would logically increase the closer the selected time period upon which the allocation is based. Percentages of the recreational quota allocated to the private recreational sub-sector, based on landings during 1991-2011, 1996-2011, 2001-2011, 2006-2011, and, 2011 are estimated at 51.90%, 52.40%, 56.26%, 60.19%, and 67.08%, respectively. Between 2012 and 2015, the average private recreational red snapper season would increase from 36 days for an allocation based on 1986-2011 landings to 68 days for an allocation based on 2011 landings. Item # 34 24 Attachment number 1 \nPage 29 of 36 Annual catch limits and accountability measures The potential actions outlined above may require that annual catch limits, annual catch targets, and accountability measures are specified for newly formed sub-sectors. Depending on reporting requirements, management uncertainty could be calculated differently for the sub-sectors, warranting different annual catch targets. Accountability measures may also be designed and applied differently according to recreational sub-sectors. FURTHER CONSIDERATIONS A separation of the recreational red snapper sector into two (or more) sub-sectors could have additional implications. With separate for-hire and private recreational sub-sectors, it is possible that one sector could be shut down due to having reached its annual catch limit while the other sector is allowed to continue fishing. Opponents of sector separation argue that separate allocations could deprive recreational fishermen of full access to the resource, particularly in situations where one sector fails to fully harvest its allocation, but that un-harvested allocation is unavailable to the other sector. Proponents of sector separation suggest that it could improve accountability and management flexibility, allowing the for-hire and private recreational sectors to potentially be given different fishing seasons, bag and size limits. Proponents also argue that sector separation would allow the Council to consider alternative management approaches for each sub-sector, e.g., market-based approaches or the creation of organizations similar to angling managed organizations proposed by Sutinen and Johnston (2003). Another potential implication concerns changes in fishing behavior in reaction to sector separation. Such changes in behavior cannot be predicted, however, it is plausible to consider scenarios under which landings in states with state waters extending nine miles out (Florida and Texas) could significantly increase following sector separation. Furthermore, it is not a foregone conclusion that, post sector separation, states would continue to enact fishing regulations consistent with the federal regulations. Finally, it is impossible to predetermine the allocations assigned to the for-hire and private vessel sub-sectors and associated season lengths that each sub-sector would enjoy should sector separation be implemented. The question most often asked by those who wish to know the length of the private recreational and for-hire fishing seasons before taking position for or against sector separation can only be answered once (and if) the Council makes the policy decision and apportions resources between the for-hire and private recreational sectors. Item # 34 25 Attachment number 1 \nPage 30 of 36 REFERENCES GMFMC. 2003. Corrected amendment for a charter/vessel headboat permit moratorium amending the fishery management plans for: reef fish (Amendment 20) and coastal migratory pelagics (Amendment 14) including environmental assessment, regulatory impact review, and initial regulatory flexibility act. Gulf of Mexico Fishery Management Council,.Tampa, Florida. http://www.gulfcouncil.org/Beta/GMFMCWeb/downloads/CBAmendmentFINAL-corrected.pdf GMFMC. 2008a. Final Amendment 30B: gag – end overfishing and set management thresholds and targets. Red grouper – set optimum yield, TAC, and management measures, time/area closures, and federal regulatory compliance. Gulf of Mexico Fishery Management Council. Tampa, Florida. http://www.gulfcouncil.org/Beta/GMFMCWeb/downloads/Final%20Amendment%2030B%2010 _10_08.pdf GMFMC. 2008b. Final reef fish amendment 30A: greater amberjack – revised rebuilding plan, accountability measures; gray triggerfish – establish rebuilding plan, end overfishing, accountability measures, regional management, management thresholds and benchmarks including supplemental environmental impact statement, regulatory impact review, and regulatory flexibility act analysis. Gulf of Mexico Fishery Management Council. Tampa, Florida. http://www.gulfcouncil.org/docs/amendments/Amend-30A-Final%20208.pdf GMFMC. 2011. Final generic annual catch limits/accountability measures amendment for the Gulf of Mexico fishery management council’s red drum, reef fish, shrimp, coral and coral reefs fishery management plans, including environmental impact statement, regulatory impact review, regulatory flexibility analysis, and fishery impact statement. Gulf of Mexico Fishery Management Council. Tampa, Florida. http://www.gulfcouncil.org/docs/amendments/Final%20Generic%20ACL_AM_Amendment- September%209%202011%20v.pdf Sutinen, J. G. and R. J. Johnston. 2003. Angling management organizations: integrating the recreational sector into fishery management. Marine Policy 27(6):471-487. Item # 34 26 Attachment number 1 \nPage 31 of 36 APPENDIX Table A1. Number of Saltwater Fishing Licenses in the Gulf of Mexico (by State) – 2000 to 2009. State YearAlabamaFloridaLouisianaMississippiTexasTotal 2000 74,253 1,015,617366,77785,146768,634 2,310,427 2001 66,119 1,037,441334,80489,077845,113 2,372,554 2002 58,481 1,044,774327,96283,366730,487 2,245,070 2003 62,152 1,016,792344,30363,151845,046 2,331,444 2004 63,891 1,149,865344,30369,669861,738 2,489,466 2005 55,512 1,017,807366,82347,755879,386 2,367,283 2006 63,912 1,072,546328,26347,123952,257 2,464,101 2007 72,425 1,095,690396,36765,520992,872 2,622,874 2008 62,019 1,061,951396,36765,5351,197,943 2,783,815 2009 78,829 1,030,700400,63069,2881,203,483 2,782,930 Source: NMFS - SERO Table A2. Number of State For-hire Permits in the Gulf of Mexico (by State) – 2000 to 2009. State YearAlabamaFloridaLouisianaMississippiTexasTotal 2000 143 2,9574761241,635 5,335 2001 158 3,1935251341,887 5,897 2002 167 3,3035623361,862 6,230 2003 143 3,4066571401,895 6,241 2004 158 3,355678186903 5,280 2005 150 3,576695175920 5,516 2006 141 3,177603146929 4,996 2007 155 3,556631136996 5,474 2008 197 3,5966641462,095 6,698 2009 180 3,4396611361,987 6,403 % Change 2000-09 25.9 16.338.99.721.5 20.0 Source: NMFS-SERO; Louisiana data: Commercial License Sales (Summary) 1987-2010 Item # 34 27 Attachment number 1 \nPage 32 of 36 Table A3. Number of Federal For-hire Reef Fish Permits – by State (2005 – 2011). State YearAlabamaFloridaLouisianaMississippiTexasTotal 2005 161 1,03712076256 1,650 2006 159 1,01512074259 1,627 2007 158 97711264249 1,560 2008 153 93910860243 1,503 2009 148 90510854241 1,456 2010 150 86610751238 1,412 2011 148 82512048221 1,362 Source: NMFS-SERO Table A4. Number of Headboat Survey Vessels by State (2003 - 2011). State YearAlabamaFloridaLouisianaMississippiTexasTotal 2003 6 335020 64 2004 6 439020 78 2005 4 4110023 78 2006 5 4310023 81 2007 7 3910022 78 2008 7 3911022 79 2009 9 396022 76 2010 8 374519 73 2011 8 414521 79 Source: NMFS - Headboat vessel files Item # 34 28 Attachment number 1 \nPage 33 of 36 Table A5. Annual Red Snapper Recreational Landings and Difference between Landings and Quotas (1991-2011). LandingsQuota Landings-Quota Yearlbs ww lbs ww lbs ww (Percent) 1991 2,358,3651,960,000398,36520.3 1992 3,899,4791,960,0001,939,47999.0 1993 5,686,7472,940,0002,746,74793.4 1994 5,299,1092,940,0002,359,10980.2 1995 4,814,2362,940,0001,874,23663.7 1996 4,346,2344,470,000-123,766-2.8 1997 6,008,3914,470,0001,538,39134.4 1998 4,257,6624,470,000-212,338-4.8 1999 3,999,0654,470,000-470,935-10.5 2000 3,932,0404,470,000-537,960-12.0 2001 4,468,2674,470,000-1,7330.0 2002 5,383,1594,470,000913,15920.4 2003 4,846,9614,470,000376,9618.4 2004 4,996,3364,470,000526,33611.8 2005 4,083,7664,470,000-386,234-8.6 2006 4,021,2934,470,000-448,707-10.0 2007 4,440,0153,185,0001,255,01539.4 2008 3,711,6582,450,0001,261,65851.5 2009 4,624,5772,450,0002,174,57788.8 2010 2,238,9083,530,000-1,291,092-36.6 2011 4,602,5533,865,000586,27315.2 Source: SEFC ACL Dataset (Feb 2012) Item # 34 29 Attachment number 1 \nPage 34 of 36 Table A6. Annual Red Snapper Recreational Angler-Trips by State. StateGulf YearAlabamaFloridaLouisianaMississippiTexasTrips 376,949 1986 67,145 132,71265,92651,84259,323 454,394 1987 68,726 236,23437,46652,07159,896 401,607 1988 74,834 169,06341,44656,34559,918 385,408 1989 96,734 120,79157,35954,72355,800 383,977 1990 141,354 76,82250,74257,76857,290 395,262 1991 114,603 125,50636,87559,57458,703 386,537 1992 125,965 77,44147,38578,26957,477 603,042 1993 193,028 180,23985,27886,65957,838 526,480 1994 151,064 151,60873,81177,77272,225 504,085 1995 169,460 85,56798,78670,48579,786 474,268 1996 139,765 119,32960,29669,12185,756 625,994 1997 216,457 177,89257,34692,32981,971 660,909 1998 180,108 259,87047,12482,07291,734 638,139 1999 215,368 275,49251,87441,60453,800 600,080 2000 169,012 258,09455,48752,15765,331 615,447 2001 193,353 272,44935,05654,62859,961 657,810 2002 209,080 281,90826,04468,91271,866 658,566 2003 222,910 260,77937,11069,73568,031 765,832 2004 232,454 350,46248,17663,40271,338 630,322 2005 163,973 300,08357,51943,69365,054 817,618 2006 155,204 394,724116,98461,66489,043 924,809 2007 190,765 478,461118,14961,38576,048 660,424 2008 152,944 374,03570,26923,89839,279 671,576 2009 198,541 303,63164,38449,73755,283 349,819 2010 76,530 181,09010,96734,70346,529 2011 251,027 186,40124,99630,06249,891 542,377 Source: NMFS-SERO Item # 34 30 Attachment number 1 \nPage 35 of 36 Table A7. Annual Red Snapper Recreational Angler-Trips by Two Modes (1986-2011). YearPrivateFor-Hire 1986 102,848226,572 1987 135,371271,495 1988 130,155223,924 1989 127,280210,599 1990 169,955166,496 1991 133,879213,855 1992 153,625187,964 1993 221,545336,928 1994 165,278311,059 1995 199,267256,174 1996 154,764267,334 1997 199,336375,877 1998 129,606467,006 1999 239,650368,865 2000 200,303358,993 2001 268,201306,513 2002 244,292364,020 2003 283,689325,229 2004 293,502420,613 2005 250,095337,522 2006 312,920447,298 2007 369,819499,193 2008 318,855322,233 2009 345,637288,557 2010 162,465156,164 2011 283,486230,078 Source: NMFS-SERO Item # 34 31 Attachment number 1 \nPage 36 of 36 Table A8.For-Hire Estimated Red Snapper Season Length and Percentage Change Relative to Recreational Red Snapper Season without Sector Separation. Time Period Selected to Compute Allocation 1986-2011 1991-2011 1996-2011 2001-2011 2006-2011 2011 %%%%%% Year Days ChangeDays ChangeDaysChangeDaysChangeDays ChangeDays Change 2012 58 34.88% 56 27.91% 5320.93%4611.63%39 0.00% 26-20.93% 2013 65 38.30% 62 31.91% 5923.40%508.51%43 -2.13% 29-23.40% 2014 71 40.00% 68 34.00% 6426.00%548.00%46 -4.00% 31-26.00% 2015 76 41.51% 72 35.85% 6826.42%587.55%49 -5.66% 32-26.42% Average 67 38.67% 64 32.42% 6124.19%528.92%44 -2.95% 29-24.19% Source: Estimates generated using the Sector Separation Decision Model- NMFS-SERO. Table A9.Private Vessel Estimated Red Snapper Season Length and Percentage Change Relative to Recreational Red Snapper Season without Sector Separation. Time Period Selected to Compute Allocation 1986-2011 1991-2011 1996-2011 2001-2011 2006-2011 2011 %%%%%% Year Days ChangeDays ChangeDaysChangeDays ChangeDays ChangeDaysChange 2012 32 -20.93% 33 -18.60% 35-16.28%39.06-9.30%44 2.33%5832.56% 2013 35 -23.40% 36 -21.28% 38-19.15%43.46-8.51%49 4.26%6538.30% 2014 38 -24.00% 39 -22.00% 41-18.00%47-8.00%54 6.00%7244.00% 2015 40 -26.42% 42 -22.64% 44-18.87%50-5.66%57 7.55%7847.17% Average36 -23.69% 38 -21.13% 39-18.07%45-7.87%51 5.03%6840.51% Source: Estimates generated using the Sector Separation Decision Model- NMFS-SERO Item # 34 32 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Mutual Aid Agreement with the City of Tampa for the Republican National Convention (RNC), which will be effective during the week commencing on August 26, 2012 and authorize the appropriate officials to execute same. SUMMARY: The City of Tampa was awarded a federal grant to help with security costs connected with the RNC. The RNC has been designated a National Special Security Event due to the events significance to the United States and the inherent challenge of ensuring the safety and security of all event participants. Law enforcement agencies providing personnel for the RNC are considered to be sub-recipients of the federal grant and eligible for reimbursement for personnel and other costs subject to both the terms of the Agreement and the grant. Florida Governor Rick Scott will execute an executive order in advance of the RNC to activate the Florida Mutual Aid Plan pursuant to Florida State Statues Chapter 23, Part I, thereby conferring upon participating law enforcement agencies jurisdiction for its officers for all activities related to the RNC. Florida Statutes Chapter 23 further provides authority for law enforcement agencies to enter into written mutual aid agreements, including operational assistance agreements pursuant to Florida Statute 23.1225(1)(b), for assistance in the management of an emergency as defined in Florida Statute 252.34. Type: Other Current Year Budget?:Budget Adjustment: NoneNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: -0- For Fiscal Year: to Review Approval: Cover Memo Item # 35 Attachment number 1 \nPage 1 of 19 Item # 35 Attachment number 1 \nPage 2 of 19 Item # 35 Attachment number 1 \nPage 3 of 19 Item # 35 Attachment number 1 \nPage 4 of 19 Item # 35 Attachment number 1 \nPage 5 of 19 Item # 35 Attachment number 1 \nPage 6 of 19 Item # 35 Attachment number 1 \nPage 7 of 19 Item # 35 Attachment number 1 \nPage 8 of 19 Item # 35 Attachment number 1 \nPage 9 of 19 Item # 35 Attachment number 1 \nPage 10 of 19 Item # 35 Attachment number 1 \nPage 11 of 19 Item # 35 Attachment number 1 \nPage 12 of 19 Item # 35 Attachment number 1 \nPage 13 of 19 Item # 35 Attachment number 1 \nPage 14 of 19 Item # 35 Attachment number 1 \nPage 15 of 19 Item # 35 Attachment number 1 \nPage 16 of 19 Item # 35 Attachment number 1 \nPage 17 of 19 Item # 35 Attachment number 1 \nPage 18 of 19 Item # 35 Attachment number 1 \nPage 19 of 19 Item # 35 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Move Section 28.041, Clearwater Code of Ordinances, to Chapter 21 of the Code to make solicitations on publicly owned streets, parking garages, and parking lots punishable by imprisonment, fine, or both and pass Ordinance 8345-12 on first reading. SUMMARY: The orderly flow of motorized traffic is a major concern in congested urban areas, particularly because an obstruction or delay in traffic at one point along a traffic artery results in delays and backups far down the roadway. Roadway solicitations can adversely affect the orderly flow of traffic. Additionally, unlike the oral advocacy of ideas, or even the distribution of free literature, successful solicitations from drivers distracts them from their primary duty to watch the traffic and potential hazards in the road, observe all traffic control signals or warnings, and prepare to move through the intersection, parking garage, or parking lot because the individual is required to respond to the solicitor by, for example, searching for currency, passing it along to the solicitor, securing any change returned, replacing a wallet or closing a purse, and then returning proper attention to the full responsibilities of operating a motor vehicle. Currently, Section 28.041, Clearwater Code of Ordinances, prohibits a person from soliciting the occupants of motor vehicles being operated on public streets and the travel lane of publicly owned parking garages and parking lots. A violation is punishable only by a fine and is, therefore, nonarrestable. Because Clearwater police officers frequently observe the same individuals repeatedly soliciting after having been issued a civil citation for unlawful soliciting, officers need a greater deterrent. By moving Section 28.041, Clearwater Code of Ordinances, to Chapter 21 of the Code, the City Council will include unlawful street solicitations among those violations punishable by up to 60 days imprisonment and thus provide Clearwater police officers with the discretion to arrest those engaged in unlawful street solicitations. An additional change to the existing ordinance is to limit street solicitations to the types of solicitations that have the greatest potential for injuries: that is, solicitations from the occupants of motor vehicles being operated in the travel lane of publicly owned streets while the motor vehicle is stopped at a traffic control signal or at an intersection. There are numerous and diverse methods of soliciting available in the City of Clearwater that provide ample alternatives for street solicitations, including soliciting pedestrians on the sidewalk, canvassing door-to-door, telephoning or emailing individuals, or direct mailing. Moreover, the ordinance would still enable a person to solicit up to ten cumulative days within one calendar year so long as the solicitor complies with the conditions set forth in the ordinance. Cover Memo Item # 36 Review Approval: Attachment number 1 \nPage 1 of 6 Item # 36 Attachment number 1 \nPage 2 of 6 Item # 36 Attachment number 1 \nPage 3 of 6 Item # 36 Attachment number 1 \nPage 4 of 6 Item # 36 Attachment number 1 \nPage 5 of 6 Item # 36 Attachment number 1 \nPage 6 of 6 Item # 36 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Create Section 21.20, Clearwater Code of Ordinances, prohibiting sitting or lying down on certain public areas in the Downtown area, Gateway Corridor and Clearwater Beach Tourist District and pass Ordinance 8347-12 on first reading. SUMMARY: The improvement of the downtown, the East Gateway District, and Clearwater Beach has been a high priority in the Citys plan to expand the economic base of the City by attracting new investment and patrons to the area. The downtown is projected to attract additional tourists and visitors as redevelopment continues. The East Gateway District is one of the designated redevelopment areas of the City and is at a transformative point to change the trajectory of the economy and improve the quality of life for current and future residents and businesses. Clearwater Beach has an economic impact of over $1 billion and is projected to increase its impact as redevelopment on the beach continues to occur. The City of Clearwater also spends annually around $602,000 on special events, with $453,000 allocated to downtown events (including funding from the Downtown Development Board), $5,000 allocated to the East Gateway District, and $144,000 allocated to Beach events. The right-of-way, including the sidewalk, located between the edge of the pavement of a roadway and the adjacent property line of privately and publicly owned properties located in the Clearwater Downtown Core Redevelopment Zone, the Gateway Corridor, the Clearwater Beach Core Tourist Zone, as well as the publicly owned piers, docks, and boardwalks, including public-access boardwalks, and the entryways to and exitways from publicly owned buildings located within those areas, are created and maintained for the primary purposes of enabling the public to safely and efficiently move about from place to place, thus facilitating deliveries of goods and services and providing the public with convenient access to goods and services. Moreover, those areas are prone to congestion and should be kept available to serve their primary purposes. Evidence from other cities such as Phoenix, Arizona in Seeley v. State of Arizona, 655 P. 2d 803, 807 th (Ariz. Ct. App. 1982), and Seattle, Washington, in Roulette v. City of Seattle, 97 F. 3d 300, 306 (9 Cir. th 1996) and City of Seattle v. McConahy, 937 P. 2d 1133, 1138-39 (9 Cir. 1997), shows that sitting or lying upon the public right-of-ways threatens public safety and interferes with the primary purpose of enabling the public to safely and efficiently move about from place to place, thus deterring members of the public from frequenting a business district and undermining the essential economic viability of those areas all of which can lead to a spiral of deterioration and blight. The ordinance will make it unlawful between 7:00 a.m. and 10:00 p.m. for individuals to sit or lie down Cover Memo upon the right-of-way, including the sidewalk, located between the edge of the pavement of a roadway Item # 37 and the adjacent property line of privately and publicly owned properties located in the Clearwater Downtown Core Redevelopment Zone, the Gateway Corridor, the Clearwater Beach Core Tourist Zone, as well as the publicly owned piers, docks, and boardwalks, including public-access boardwalks, and the entryways to and exitways from publicly owned buildings located within those areas. However, the ordinance would not apply to those: · Sitting or lying down in a park or public beach as defined in Section 22.21; · Sitting or lying down due to a medical emergency; · Utilizing an object supplied by the City or other public agency in the manner it was intended, such as sitting on a chair or bench; · Sitting or lying down in or on a wheelchair, a baby carriage, or any other object or vehicle in order to move about; · Participating in or viewing any activity, such as a parade, festival, performance, rally, demonstration, meeting, or other event, pursuant to any permit or license issued by the City; · Sitting down while patronizing a sidewalk caf®; or · Sitting or lying down when it is an integral part of a protest accompanied by incidents of speech such as signs or literature explaining the protest. Additionally, no person will be charged for the first violation unless the person continues to engage in conduct prohibited by the ordinance after having been: Notified by a law enforcement officer that the conduct violates the ordinance; and Provided an opportunity to relocate to an area where sitting or lying down would be lawful. Review Approval: Cover Memo Item # 37 Attachment number 1 \nPage 1 of 11 · Item # 37 Attachment number 1 \nPage 2 of 11 · · · · · · Item # 37 Attachment number 1 \nPage 3 of 11 · · · · · · · Item # 37 Attachment number 1 \nPage 4 of 11 · · · · · · · · · · · Item # 37 Attachment number 1 \nPage 5 of 11 · · Item # 37 Attachment number 1 \nPage 6 of 11 Item # 37 Attachment number 1 \nPage 7 of 11 Item # 37 Attachment number 1 \nPage 8 of 11 Item # 37 Attachment number 1 \nPage 9 of 11 Item # 37 Attachment number 1 \nPage 10 of 11 Item # 37 Attachment number 1 \nPage 11 of 11 Item # 37 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Create Section 21.21, Clearwater Code of Ordinances, relating to lodging out-of-doors and pass Ordinance 8348-12 on first reading. SUMMARY: Individuals who are lodging out-of-doors on publicly owned property for the purpose of establishing a temporary or permanent place of lodging or residence adversely affects aesthetics, sanitation, public health, and safety. Moreover,the unauthorized use of publicly owned property for lodging out-of-doors when the property in question is neither intended nor designed as a camp site, campground, or site for temporary human habitation tends to impair, obstruct, and otherwise detract from the use of the property for its intended purpose. The ordinance will make it unlawful for a person to use publicly owned property in the City for the purpose of lodging out-of-doors except within those areas that are approved by the Citys Parks and Recreation Department. However, if a Clearwater police officer encounters a person who is lodging out-of-doors because the person has no permanent or temporary place of residence, officers are required during the first two encounters with the same person to make every effort to afford the person an opportunity to relocate to a public or private shelter before citing the person for a violation of the ordinance. Regardless, if public or private shelter space is unavailable within Pinellas County at the moment an officer encounters a person lodging out-of-doors, the person will not be cited under the ordinance. Moreover, officers are also required to ensure that any private property of a person who is relocated to a shelter will be transported along with the person or will be stored by the police department for up to 60 days. Review Approval: Cover Memo Item # 38 Attachment number 1 \nPage 1 of 4 Item # 38 Attachment number 1 \nPage 2 of 4 Item # 38 Attachment number 1 \nPage 3 of 4 Item # 38 Attachment number 1 \nPage 4 of 4 Item # 38 Meeting Date: 7/19/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: RNC Banners SUMMARY: Review Approval: Cover Memo Item # 39