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06/19/2013 City Council Agenda Location: Council Chambers - City Hall Date: 6/19/2013- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Service Awards Attachments 4.2 Proclamation Florida Society of the Sons of the American Revolution - July 4, 2013 Attachments 5. Approval of Minutes 5.1 Approve the minutes of the June 6, 2013 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the request from the owner of property addressed at 1835 Winwood Drive, Clearwater, to vacate a portion of a platted drainage easement; and pass Ordinance 8430-13 on first reading (VAC2013-03). Attachments 7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1544 Levern Street (Lot 1, Block E, Bonair Hill Subdivision in Section 11, Township 29 South, Range 15 East); and pass Ordinances 8415-13, 8416-13 and 8417-13 on first reading. (ANX2013-03004) Attachments 7.3 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1212 Aloha Lane (Lot 3, Block 3, Sunset Knoll in Section 3, Township 29 South, Range 15 East); and Pass Ordinances 8403-13, 8404-13 and 8405-13 on first reading. (ANX2013-03005) Attachments 7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1321 Parkwood Street (Lot 3, Block B, Pine Ridge Subdivision, in Section 10, Township 29 South, Range 15 East) together with the abutting right-of-way of Parkwood Street; and pass Ordinances 8406-13, 8407-13 and 8408-13 on first reading. (ANX2013-03006) Attachments 7.5 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1270 Palm Street (Lot 11, Knight’s Acres in Section 3, Township 29 South, Range 15 East); and Pass Ordinances 8412-13, 8413-13 and 8414-13 on first reading. (ANX2013-04009) Attachments 7.6 Approve an Amendment to the Development Agreement between Sea Captain, a Florida General Partnership (the property owner), and the City of Clearwater, providing for the allocation of 53 units from the Hotel Density Reserve established in Beach by Design; adopt Resolution 13-06, and authorize the appropriate officials to execute same. (DVA2010-08001A) Attachments 7.7 Approve a Development Agreement between Clearwater Grande Development, LLC (the property owner) and the City of Clearwater, providing for the allocation of 80 overnight accommodation units from the Hotel Density Reserve under Beach by Design; adopt Resolution 13-05, and authorize the appropriate officials to execute same. (DVA2013-03001) Attachments 7.8 Approve amendments to the Community Development Code providing for a revised definition for family and a new definition for housekeeping unit, consistent with the terms of the conciliation/voluntary compliance agreement entered into by and between the United States Department of Housing and Urban Development and the City of Clearwater and pass Ordinance 8398-13 on first reading. (TA2013-03001) Attachments 8. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 8.1 Approve a Future Land Use Map Amendment from the Residential/Office Limited (R/OL) classification to the Institutional (I) classification and a Zoning Atlas Amendment from the Office (O) District to the Institutional (I) District for property located at 150 South McMullen Booth Road (consisting of a portion of the Northwest ¼ of Section 16, Township 29 South, Range 16 East); and pass Ordinances 8400-13 and 8401-13 on first reading. (LUP2013-02001 and REZ2013-02001) Attachments 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8418-13 on second reading, calling for a special election to submit to the city electors a proposed amendment to the City Charter to allow the City to enter into a lease with the Clearwater Marine Aquarium for the current City Hall Property and stating the question to appear on the ballot. Attachments 9.2 Adopt Ordinance 8431-13 on second reading, amending the powers and duties of the Municipal Code Enforcement Board to include the power to hear as a “local hearing officer” violations of the Clearwater Code of Ordinances and Florida Statutes, as applicable. Attachments City Manager Reports 10. Consent Agenda 10.1 Approve the Administrative Services Only Agreement between the City and Connecticut General Life Insurance Company for administration services to be provided by Cigna in connection with the City’s medical insurance for plan year 2013 and authorize the appropriate officials to execute same. (consent) Attachments 10.2 Approve a Memorandum of Understanding (MOU) amending the Prisoner Transport Interlocal Agreement between the City of Clearwater and the Pinellas County Sheriff’s Office for the period July 1, 2013 through September 30, 2014, and authorize the appropriate officials to execute same. (consent) Attachments 10.3 Award a Contract (Purchase Order) for $568,023.00 to Rush Truck Centers of Tampa, FL for two 2013 Model 320 Peterbilt with Scorpion Automated Side Loaders with CNG (Compressed Natural Gas), in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) Attachments 10.4 Award a Contract (Purchase Order) to Toter Incorporated of Statesville, NC, for an amount not to exceed $1,500,000, for the purchase and delivery of 26,000 new 64 gallon and 96 gallon recycling carts, during the period of June 20, 2013 through June 19, 2014, as provided in the Code of Ordinances, Section 2.564 (1)(d) and authorize the appropriate officials to execute the same. (consent) Attachments 10.5 Award a Contract (Purchase Order) to Waste Management, Inc. in the amount of $189,414 for the purchase of thirty-four kiosks, consisting of one solar compactor and one recycling station, as provided in the Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute same. (consent) Attachments 10.6 Approve a Blanket Purchase Order to SNF Polydyne Inc., of Riceboro, GA, in the amount of $449,322, for Polymer Services for a one-year period, and authorize the appropriate officials to execute same. (consent) Attachments 10.7 Approve Supplemental Work Order to Engineer-of-Record (EOR) King Engineering Associates, Inc., in the amount of $83,720, to provide additional Construction Engineering and Inspection (CEI) services for the rehabilitation of Lift Stations 33 and 42; and authorize the appropriate officials to execute same. (consent) Attachments 10.8 Award a contract to Steve’s Excavating and Paving Inc. of Clearwater, Florida, for the South Gulfview Drainage Improvements Project (11-0019-EN) in the amount of $388,273.75, which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) Attachments 10.9 Accept two drainage easements conveyed to the City by separate property owners over portions of property located at 2553 and 2559 Brentwood Drive for use by the City’s Stormwater Division. (consent) Attachments 11. Other Items on City Manager Reports 11.1 Amend the City’s fiscal year 2012/13 Operating and Capital Improvement Budgets at mid year and pass Ordinances 8432-13 and 8433-13 on first reading. Attachments 11.2 Authorize the negotiated sale of not to exceed $7,445,000 Gas System Revenue Refunding Bonds, Series 2013; authorize staff to proceed with the refunding of the outstanding Gas System Revenue Refunding Bonds, Series 2004 and adopt Resolution 13-15. Attachments 11.3 Authorize the negotiated sale of not to exceed $11,605,000 Stormwater System Revenue Refunding Bonds, Series 2013; authorize staff to proceed with the advance refunding of the outstanding Stormwater System Revenue Bonds, Series 2004 and adopt Resolution 13-16. Attachments 11.4 Approve two Subordination of City Utility Interests agreements subordinating City easements in favor of the State of Florida Department of Transportation; adopt Resolution 13-17; and authorize appropriate officials to execute same Attachments 11.5 Approve the Post-Disaster Redevelopment Plan (PDRP) and adopt Resolution 13-08. Attachments 11.6 Approve Clearwater Marine Aquarium's (CMA) request to subordinate the City’s reverter interest in a portion of the CMA property to a $10 million term loan and modify the existing reverter provision to reflect same, and authorize appropriate officials to execute same. Attachments Miscellaneous Reports and Items 12. City Manager Verbal Reports 12.1 Provide direction to City Manager and Staff regarding specific events for the City's Centennial Celebration in 2015 Attachments 13. Closing Comments by Mayor 14. Adjourn City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Richard Ottinger Solid Waste Gregory Keane Fire Sarah Watson Fire David Marlowe Fire James Donnelly Information Technology 10 Years of Service Eddie Stephens Parks and Recreation Robert McKnight Solid Waste Lewis Anderson Parks and Recreation Michelle Sheldon Human Resources Shari Lepper Solid Waste Derek Ferguson Information Technology Valerie Smutko Solid Waste Ian Prior Public Communications 15 Years of Service Cherise Sarnoff Parks and Recreation David Powers Solid Waste Review Approval: Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Proclamation Florida Society of the Sons of the American Revolution - July 4, 2013 SUMMARY: Review Approval:1) Official Records and Legislative Services Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve the minutes of the June 6, 2013 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 3 Council 2013-06-06 1 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER June 6, 2013 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official Records and Legislative Services Coordinator. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor George N. Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – Pastor Steve Kreloff from Lakeside Community Chapel 3. Pledge of Allegiance – Councilmember Doreen Hock-DiPolito Mayor George N. Cretekos introduced members of the Florida Suncoast Friendship Force’s Ukraine Delegation visiting Clearwater: Viktoria Leontiyivna Kruta, Tetyana Mykolayivna Shkolna, Vita Leonidivna Synyak, Myroslava Fedorivna Pishta, and Alona Mukolayivna Lebid. 4. Presentations 4.1 A goodbye presentation to Coastie as he leaves for SEGD for formal training on June 8. - Karen Miller, Division Commander, US Coast Guard Auxiliary Mayor George Cretekos introduced Immediate Past Division Commander Jim Ryder, Flotilla Commander, Peter Palmieri, Flotilla Vice Commander Manny Sosa, Captain John Turner, and Chief Warrant Officer Steve McDonnell. 4.2 Pick Me! Pet Adoption Project Summer Proclamation , Summer 2013 - Sarah Brown, Executive Director of the Humane Society DraftAttachment number 1 \nPage 1 of 15 Item # 3 Council 2013-06-06 2 4.3 Clearwater High School Resource Officer Presentation - Mr. Mastorides, Clearwater High School Principal; Sgt. Michael Waleck, Clearwater Police Department; and Officer Joshua Jewett, CHS Resource Officer Officer Joshua Jewett was thanked for his service and presented the 2013 School Resource Officer of the Year Award. 4.4 Clearwater Central Catholic High School Baseball Team (CCC) - Todd Vaughan, CCC Head Baseball Coach 5. Approval of Minutes 5.1 Approve the minutes of the May 16, 2013 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the May 16, 2013 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Shantilla Simmons, Bilal Habeebullah, Harry Preston, Carlita Davis, and James Robertson expressed concerns regarding the inability to continue holding community gatherings in the North Greenwood area, Chunky Sunday, and requested assistance for additional parking at Cherry Harris Park or alternate location where the gatherings would be allowed. Staff was directed to provide a report regarding parking at city park facilities at the next work session. The City Manager said staff has been unable to speak with the individual or group responsible for organizing the event to discuss planning the event via the special events permit process. The gathering has overwhelmed the park facility. He requested the event representative to contact the City to discuss the matter. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings DraftAttachment number 1 \nPage 2 of 15 Item # 3 Council 2013-06-06 3 7.1 Approve the 2013 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes, adopt Resolution 13-10 and authorize the appropriate officials to execute same. The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section 166.0451 entitled “Disposition of municipal property for affordable housing.” The state statute includes that the governing body of each municipality must review the proposed affordable housing inventory list at a public hearing, and may revise the list at the conclusion of the hearing. Following the public hearing, the local governing body must adopt a resolution that includes an inventory list of such property deemed appropriate for affordable housing development. On February 21, 2008, the City Council adopted Resolution 08-01 establishing the first 2008 Affordable Housing Inventory listing twenty-nine parcels of City-owned land appropriate for use as affordable housing. Upon further analysis and due consideration, on November 5, 2009, the City Council adopted Resolution 09-41 revising the first 2008 Affordable Housing Inventory to identify only two City- owned parcels of land appropriate for use as affordable housing. Subsequent to the adoption of Resolution 09-41and resolution 10-12, the City has acquired no additional parcels of land or further identified any others to which it has title as appropriate for use as affordable housing. Section (1) of the statutory amendment requires that every three years each municipality prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing. Therefore, the 2013 Affordable Housing Inventory List includes the address and legal description of each property, and specifies whether the property is vacant or improved. Councilmember Jay Polglaze moved to approve the 2013 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes. The motion was duly seconded and carried unanimously. Resolution 13-10 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Resolution 13-10. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. DraftAttachment number 1 \nPage 3 of 15 Item # 3 Council 2013-06-06 4 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8395-13 on second reading, annexing certain real property whose post office address is 1305 Woodbine Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8395-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8395-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 8.2 Adopt Ordinance 8396-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1305 Woodbine Street, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8396-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8396-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 8.3 Adopt Ordinance 8397-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1305 Woodbine Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8397-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8397-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. DraftAttachment number 1 \nPage 4 of 15 Item # 3 Council 2013-06-06 5 "Nays": None. 8.4 Adopt Ordinance 8402-13 on second reading, amending the Community Development Code by amending Article 3, Section 3-1806 to allow signs within public rights-of-way to provide wayfinding during public construction projects and amending Article 6, Section 6-109 to allow terminated height to be rebuilt in certain circumstances and to clarify that the termination of nonconforming density runs with the land instead of with a site plan approval. Ordinance 8402-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8402-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 8.5 Adopt Ordinance 8419-13 on second reading, amending Ordinance 6931-02, which amended Ordinance 6378-99, restating the definition of Reserve Requirement as pertains to municipal bonds. Ordinance 8419-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8419-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 9. Consent Agenda – Approved as submitted. 9.1 Approve settlement of the liability claim of CX Industries, Inc for payment not to exceed $31,000.00 and authorize the appropriate officials to execute same. (consent) 9.2 Approve Revocable License Agreements with Ultimate Bounce LLC (UB) and Emerald Coast Bungee (ECB), Inc., effective June 1, 2013 through May 31, 2014, to provide entertainment concessions at Pier 60 Park, and authorize the appropriate officials to execute same. (consent) DraftAttachment number 1 \nPage 5 of 15 Item # 3 Council 2013-06-06 6 9.3 Approve a contract (Blanket Purchase Order) to Fleet P roducts of Tampa, FL in the amount of $220,000 for the purchase of replacement vehicle parts used by all city Departments during the contract period June 21, 2013 through June 20, 2014, in accordance with Sec. 2564(1)(d), Code of Ordinances, City of Tampa bids 41081810 and 41020612 and authorize the appropriate officials to execute same. (consent) 9.4 Award a contract (Blanket Purchase Order) to Jet Age Fuel of Clearwater, FL for an amount not to exceed $3,700,000 for the purchase of unleaded and diesel fuel for city motorized equipment, as per award of RFP 19 -10, during the contract period May 1, 2013 through April 30, 2014 and authorize the appropriate officials to execute same. (consent) 9.5 Approve a contract (Blanket Purchase Order) to The Parts House of Tampa, FL in the amount of $120,000 for the purchase of replacement vehicle parts used by all city departments during the contract period June 1, 2013 through May 31, 2014, in accordance with Sec. 2.564(1)(d), Code of Ordinances, City of Tampa contract 10-P-04593 and authorize the appropriate officials to execute same. (consent) 9.6 Approve the renewal of Waterfront Engineering Inc., of Tampa Florida, contract for 2 years, in the amount of $800,000, to fund City owned seawall upgrades and/or replacements Project (11-0063-EN). (consent) 9.7 Approve Engineer of Record (EOR), Geosyntec Consultant, to complete Monitoring and Environmental Assessment and delineation of the Harbor Drive Fill Area in an amount not to exceed $275,000. (consent) 9.8 Approve Construction Manager at Risk Services (CMR) for Continuing Contracts with Biltmore Construction Co., Inc. of Belleair, FL; Peter Brown Construction Solutions of Clearwater, FL; Certus Builders, Inc. of Tampa, FL; Creative Contractors, Inc. of Clearwater, FL; Honeywell Building Solutions of Orlando, FL; Keystone Excavators, Inc. of Oldsmar, FL; and J. Kokolakis Contracting, Inc. of Tarpon Springs, FL for a period of three years and authorize the appropriate officials to execute same. (consent) 9.9 Award a contract to Kamminga and Roodvoets, Inc. of Tampa, Florida, for construction of Myrtle Avenue/Seminole Stormwater Improvements project (10- 0035-EN) in the amount of $1,464,257.05, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) DraftAttachment number 1 \nPage 6 of 15 Item # 3 Council 2013-06-06 7 9.10 Reappoint Mary A. van Weezel to the Library Board with term to expire June 30, 2017. (consent) Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 10. Other Items on City Manager Reports 10.1 Endorse the application for Project Poof and commit the City of Clearwater to provide local financial support (Local Match) of ten percent of the eligible tax refund upon certification by the State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 13-11. The Florida Legislature created Florida Statute, Section 288.106 to encourage the growth of Florida’s high-wage, value-added employment. This program is commonly known as the Qualified Target Industry Tax Refund Program (QTI Program). This law authorizes Enterprise Florida, Inc. to accept, review and recommend applications for consideration by DEO for tax refunds to qualified target industry businesses. Pursuant to Florida Statute, Sections 288.075 and 288.106, the applicant requests certain information, including the name of the company, remain confidential until such time as is required under statute or desired by the applicant. Project Poof is the alias name of the applicant company. This Resolution provides a commitment of the city to support the QTI Program, which provides a performance-based incentive. The incentive is negotiated in advance of Project Poof’s commitment to relocate and grow its operations in the City of Clearwater. It does not guarantee payment until such time as the terms of the contract made between DEO and Project Poof are met, subject to limitations described below. QTI Program Description The QTI Program works as an inducement to encourage companies to locate in Florida. In accordance with the QTI Program eligibility criteria, no commitment to locate in Florida has been made at this time. The incentive may not exceed that which is requested in the application. Description of Project DraftAttachment number 1 \nPage 7 of 15 Item # 3 Council 2013-06-06 8 Project Poof is seeking State, County and City inducement to relocate out-of- state operations and to create additional jobs in the City of Clearwater’s IT/Software Technology District. The company projects to employ two hundred over the next three years. Project Poof’s job creation schedule is as follows: Phase Number of net new full-time equivalent Florida jobs created in the business unit Date by which jobs will be created I 25 12/31/2013 II 75 12/31/2014 III 100 12/31/2015 Total 200 The following types of jobs are expected to be created by this high tech, IT/Software company: Business Unit Activities 5 Digit NAICS Code(s) Project Function Administration/Management 541611 20.4% Computer Systems Design 541512 52.3% Software Publishing 511210 27.3% 100% Average wages of all new jobs created by Project Poof is to be no less than $82,750, which is 200% of the State’s Annual Average Wage of $41,375 as published by Enterprise Florida on January 1, 2013. QTI Program Request & Local Match Commitment The requested tax refund is to be paid to the applicant each state fiscal year (July 1- June 30) for a period of six years. If approved by DEO, Pinellas County and the City of Clearwater, the applicant will receive a refund for each new job created in the City of Clearwater. The QTI Program allows for a refund of eligible taxes paid that will equal a maximum of $12,500 per new job created. Eighty percent of this award is provided by the State of Florida, with a Local Match of ten percent from the City of Clearwater and ten percent from Pinellas County. DraftAttachment number 1 \nPage 8 of 15 Item # 3 Council 2013-06-06 9 Therefore, the maximum Local Match award per new job created is $1,250 for a total Local Match of $250,000, based on the following qualifying criteria: QUALIFYING CRITERIA TOTAL $ INCENTIVE PER JOB CREATED CITY LOCAL MATCH (10%) Primary Industry $3,000.00 $300.00 Wage Bonus (>/= 200% avg annual wage) $2,000.00 $200.00 Enterprise Zone $3,000.00 $300.00 High Impact Sector (IT/Software) $2,000.00 $200.00 Brownfield Area Bonus $2,500.00 $250.00 Total Per New Job Created $12,500.00 $1,250.00 Payment Schedule Disbursement of the Local Match is spread over a period of six years. Twenty- five percent of the Local Match is paid out over a four-year period for each phase in which the jobs are created. The schedule is as follows: Phase # Jobs Eligible Award Max. 25%/Yr FY13-14 FY14-15 FY15-16 FY16-17 FY17-18 FY18-19 I 25 $31,250 $7,813 $7,813 $7,813 $7,813 $7,813 II 75 $93,750 $23,438 $23,438 $23,438 $23,438 $23,438 III 100 $125,000 $31,250 $31,250 $31,250 $31,250 $31,250 Total 200 $250,000 $7,813 $31,250 $62,500 $62,500 $54,688 $31,250 The payment schedule is subject to the applicant continuing to meet all eligibility criteria, which is verified each year by the DEO, the City of Clearwater and Pinellas County. Upon verification, the DEO requests the Local Match disbursement check from the City up to the maximum yearly allowed amount. The DEO then provides the disbursement to the applicant. Conditions of Limitation and Termination During the term of the agreement, the Local Match may be lowered under the following conditions: DraftAttachment number 1 \nPage 9 of 15 Item # 3 Council 2013-06-06 10 If in any year the applicant does not achieve the job creation schedule but achieves at least eighty percent of the required new jobs, the company will receive a pro-rated refund less five percent penalty of the schedule award amount for that year. If the total of the eligible taxes paid by the company is less than the maximum eligible refund amount awarded, the Local Match will be reduced on a pro-rated basis. The refunded amount will not exceed the amount of eligible taxes paid by the company. The Local Match may be eliminated under the following conditions: If job creation falls below 80% of the required jobs, the company will not receive a refund and will be terminated from the program. If the average wage falls below $82,750, the company will not receive a refund and will be terminated from the program. Funding Source The Fiscal Year 2013-2014 funding is currently available from Economic Development budget account number 181-99846. Future year funding will need to be allocated during the City’s annual budget process. One individual spoke in support. Councilmember Doreen Hock-DiPolito moved to endorse the application for Project Poof and commit the City of Clearwater to provide local financial support (Local Match) of ten percent of the eligible tax refund upon certification by the State of Florida Department of Economic Opportunity (DEO). The motion was duly seconded and carried unanimously. Resolution 13-11 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Resolution 13-11. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. DraftAttachment number 1 \nPage 10 of 15 Item # 3 Council 2013-06-06 11 10.2 Amend Division 4 of the Clearwater Code of Ordinances, relating to the powers of the Municipal Code Enforcement Board, amending the powers and duties of the Board, and pass Ordinance 8431-13 on first reading. Amendments to Section 316.0083, Florida Statutes, contained in House Bill 7125, provide the registered owner of a motor vehicle or the person in physical control of the motor vehicle at the time the motor vehicle failed to stop at a red light being monitored by a traffic infraction detector with the option of requesting a hearing before a local hearing officer to contest a notice of violation issued pursuant to Section 316.0083, Florida Statutes. Section 316.0083, Florida Statutes, requires the municipality issuing the notice of violation to designate a local hearing officer as defined in Section 316.003(91), Florida Statutes, for the purpose of conducting a hearing pursuant to Section 316.0083.Section 316.003(91), Florida Statutes, authorizes a municipality to use its currently appointed code enforcement board as the local hearing officer. This ordinance shall amend the powers and duties of the City’s Municipal Code Enforcement Board to allow it to hear, as a local hearing officer, not only violations based upon the Development Code, but also the Clearwater Code of Ordinances and Florida State Statutes, where applicable. The City Attorney said the process must be in place by July 1. The City currently does not have a hearing officer or special magistrate process; staff recommends using the Municipal Code Enforcement Board (MCEB) preliminarily. Staff will recommend implementing a hearing officer if the process overloads the MCEB. Vice Mayor Paul Gibson moved to amend Division 4 of the Clearwater Code of Ordinances, relating to the powers of the Municipal Code Enforcement Board, amending the powers and duties of the Board. The motion was duly seconded and carried unanimously. Ordinance 8431-13 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8431-13 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 Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. DraftAttachment number 1 \nPage 11 of 15 Item # 3 Council 2013-06-06 12 10.3 Designate the Municipal Code Enforcement Board as the local hearing officer, for the purpose of conducting hearings related to a Notice of Violation issued pursuant to Section 316.0083, Florida Statutes; designate the City Clerk and staff of Official Records and Legislative Services to serve as the clerk to the local hearing officer and adopt Resolution 13-14. House Bill 7125 was adopted by the Florida Legislature and will become effective on July 1, 2013. The House Bill amends Section 316.0083, Florida Statutes, to provide the registered owner of the motor vehicle or the person in physical control of the motor vehicle at the time the motor vehicle failed to stop at a red light being monitored by a traffic infraction detector with the option of requesting a hearing before a local hearing officer to contest a notice of violation issue d pursuant to Section 316.0083, Florida Statutes. Section 316.0083, Florida Statutes, requires the municipality issuing the notice of violation to designate a local hearing officer as defined in Section 316.003(91), Florida Statutes, for the purpose of conducting a hearing pursuant to Section 316.0083 and authorizes a municipality to use its currently appointed code enforcement board as the local hearing officer. Section 316.0083(5)(e), Florida Statutes, authorizes the local hearing officer at the conclusion of the hearing to require the violator to pay municipal costs not to exceed $250 in addition to the $158 penalty if the notice of violation is upheld. Section 318.15(3) Florida Statutes, requires the clerk of the court to notify the Florida Department of Highway Safety and Motor Vehicles of persons who requested a hearing before the local hearing officer and failed to either pay the penalty and costs or appear at a scheduled hearing before the local hearing officer; and Section 318.15(3)(a) Florida Statutes, requires the Florida Department of Highway Safety and Motor Vehicles to refrain from issuing a license plate or revalidation sticker for any motor vehicle owned or co-owned by a violator who failed to either pay the penalty and costs or appear at a scheduled hearing before the local hearing officer until the violator pays the amounts that are owed. Section 316.0083(5)(b), Florida Statutes, requires the municipality by resolution to designate existing staff of the municipality to serve as the clerk to the local hearing officer. Councilmember Doreen Hock-DiPolito moved to Designate the Municipal Code Enforcement Board as the local hearing officer, for the purpose of conducting hearings related to a Notice of Violation issued pursuant to Section 316.0083, Florida Statutes; DraftAttachment number 1 \nPage 12 of 15 Item # 3 Council 2013-06-06 13 designate the City Clerk and staff of Official Records and Legislative Services to serve as the clerk to the local hearing officer. The motion was duly seconded and carried unanimously. Resolution 13-14 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Resolution 13-14. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. Staff was directed to provide a report in three months regarding the number of cases presented before the Municipal Code Enforcement Board. 10.4 Approve setting a special election on November 5, 2013 to present a referendum question to the city electors amending the Charter of the City to allow a 60 year lease to the Clearwater Marine Aquarium on certain city owned real property located west of Osceola Avenue, east of the u nimproved right-of way of Pierce Boulevard, north of Pierce St. and south of Cleveland Street for construction of an aquarium, and pass Ordinance 8418-13 on first reading. Clearwater Marine Aquarium (CMA) located on Island Estates and Winter’s Dolphin Tale Adventure (WDTA) located in downtown are major tourist attractors for the City of Clearwater. The CMA has outgrown its current facilities and needs to build a new facility in order to accomplish its mission to preserve marine life and the environment while inspiring the human spirit through leadership in education, research, rescue, rehabilitation and release. The CMA proposes to lease for 60 years, certain city-owned real property located west of Osceola Avenue, east of the unimproved right-of way of Pierce Boulevard, north of Pierce Street and south of Cleveland Street generally referred to as the City Hall Property. A number of sections of the City Charter prohibit leasing of this city owned property without a referendum. The City of Clearwater has incorporated within its comprehensive plan, a future land use element requiring that redevelopment activities be sensitive to the City’s waterfront and promote public access to the City’s waterfront resources, and a coastal management element encouraging the preservation of recreational and commercial working waterfronts, marinas, and other water-dependent facilities. A new Clearwater Aquarium in downtown Clearwater will facilitate the City DraftAttachment number 1 \nPage 13 of 15 Item # 3 Council 2013-06-06 14 achieving its long-term plans for redeveloping and revitalizing its downtown and creating a master plan for Coachman Park. Therefore, in order to allow the use of the property for an aquarium and allow a 60 year lease term, an amendment to the City Charter to add a new section 2.01(d)(8) is recommended.pam - reviewed summary One individual spoke in support and one individual spoke in opposition. CMA representative Brian Aungst, Jr. said the CMA continues to work with staff on the Memorandum of Understanding details, which is expected to come before Council next month. Vice Mayor Paul Gibson moved to approve setting a special election on November 5, 2013 to present a referendum question to the city electors amending the Charter of the City to allow a 60 year lease to the Clearwater Marine Aquarium on certain city owned real property located west of Osceola Avenue, east of the unimproved right-of way of Pierce Boulevard, north of Pierce St. and south of Cleveland Street for construction of an aquarium. The motion was duly seconded and carried unanimously. Ordinance 8418-13 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8418-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilm ember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. Miscellaneous Reports and Items 11. City Manager Verbal Reports – None. 12. Closing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events. DraftAttachment number 1 \nPage 14 of 15 Item # 3 Council 2013-06-06 15 13. Adjourn The meeting adjourned at 7:27 p.m. Mayor City of Clearwater Attest City Clerk DraftAttachment number 1 \nPage 15 of 15 Item # 3 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve the request from the owner of property addressed at 1835 Winwood Drive, Clearwater, to vacate a portion of a platted drainage easement; and pass Ordinance 8430-13 on first reading (VAC2013-03). SUMMARY: A recent survey of property located within the city limits at 1835 Winwood Drive shows that existing improvements on the property encroach onto a platted drainage easement by 1.1 feet. The property owners are also planning to construct new improvements that will encroach by a similar distance. The property owners have requested that this portion of the easement be vacated. The remainder of the easement will remain intact and will provide for adequate area for the City’s Stormwater Division to perform its responsibilities. Review Approval:1) Official Records and Legislative Services Cover Memo Item # 4 [A04-01313 /125868/1] Ordinance No.8430 -13 ORDINANCE NO. 8430-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF THE DRAINAGE AND UTILITY EASEMENT ENCOMPASSING A PARCEL OF LAND LYING IN SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA. AND BEING A PORTION OF LOT 6, W INWOOD, AS RECORDED IN PLAT BOOK 113, PAGES 43-45 OF THE PUBLIC RECORDS OF SAID PINELLAS COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, owners of real property located in the City of Clearwater, have requested that the City vacate a portion of the drainage easement depicted in Exhibit A attached hereto; and, WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A PORTION OF THE DRAINAGE AND UTILITY EASEMENT ENCOMPASSING A PARCEL OF LAND LYING IN SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA. AND BEING A PORTION OF LOT 6, W INWOOD, AS RECORDED IN PLAT BOOK 113, PAGES 43-45 OF THE PUBLIC RECORDS OF SAID PINELLAS COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE MOST NORTHERLY CORNER COMMON TO LOTS 5 AND 6, WINWOOD, AS RECORDED IN PLAT BOOK 113, PAGES 43 -45, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: THENCE S 89° 40’ 43” E, ALONG THE NORTH LINE OF SAID LOT 6, AS PLATTED, 2.05’ FOR A POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHWESTERLY CORNER OF A PLATTED DRAINAGE EASEMENT; THENCE CONTINUE S 89° 40’ 43” E, ALONG SAID NORTH LINE, 3.67’; THENCE S 34° 46’ 31” E, 3’ FROM AND PARALLEL TO THE WESTERLY LINE OF SAID DRAINAGE EASEMENT, 84.05’; THENC E S 19° 40’ Attachment number 1 \nPage 1 of 2 Item # 4 [A04-01313 /125868/1] Ordinance No.8430 -13 46” E, 11.52’ TO AN INTERSECTION WITH SAID WESTERLY DRAINAGE EASEMENT LINE; THENCE N 34° 46’ 31” W. ALONG SAID WESTERLY DRAINAGE EASEMENT LINE, 97.28’ TO THE POINT OF BEGINNING. is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ 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 Attachment number 1 \nPage 2 of 2 Item # 4 Attachment number 2 \nPage 1 of 1 Item # 4 Attachment number 3 \nPage 1 of 1 Item # 4 SITE PLAN 1" = 30'-0" WINWOOD DRIVE NEW ADDITION DRAINAGE EASEMENTZoning Designation: LMDR Minimum side setback required = 5 feet. Minimum side setback provided = 6.35 feet. Minimum rear setback required = 10 feet. Minimum rear setback provided = 190.21 feet. Front setback: NA ( no change to existing front setback). EXISTING HOUSE 6'-0"6'-4 1/2"N 20°3 9 ' 1 0 " E110'5 . 4 "S 89°43'31" E225'9"S 0°08'42" W 39'10.68"S 69°42 '10 " W254'6 .96"83' -2 " Requested Easement Line Existing Easement Line 3 ' - 0 "1' -6 3 /8 " 6'-0 5/8" Encroachment Area Lot 6, Winwood as recorded in Plat Book 113, Pages 43-45 of the Public Records of Pinellas County, Florida. Attachment number 4 \nPage 1 of 1 Item # 4 SOULELAWSONAVOCADO KUMQUAT SHADDOCK TERRACE RUNDRD RCIRWOODRING SOUTH DRHARBOR DRLNLNDROWENOWENDRSKYLANDLUCASEVANSDRDRMARILYNDRDRAUDREYCARLTON B L V D CoachmanDRCARDINALPlazaAUDREYDRCARDINALDRMORNINGSIDE N TERRACE DRDRCR-576 DR DR DR LAKECIRCOUNTRYLANELAKELANESPRINGDIANEGROVEDRTHOMASDRDRDIANEANTHONYDRDRST CROIXEL TRINIDADST JOHNSTETER C I R LNDRWinwoodDrCATHERINE SARAH ST CROIXDRHAASAVE BLACKBURN ROBINWOOD SR-590 SUNSET POINT RD US HWY 19 NLocation Map ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM N.T.S.264 A 05-29s-16e5/07/2 013Map Gen B y:Reviewed By:S-T-R:Grid #:Date:Scale: Ord. No. 8430-131835 Winwood Dr3' Drainage Easement Vacation DRUID Path: V:\GIS\E ngineering\Location Maps\1835 Winwood Dr 3' Drainage E asem ent Vac.mxd EasementVacation Attachment number 5 \nPage 1 of 1 Item # 4 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1544 Levern Street (Lot 1, Block E, Bonair Hill Subdivision in Section 11, Township 29 South, Range 15 East); and pass Ordinances 8415-13, 8416-13 and 8417-13 on first reading. (ANX2013-03004) SUMMARY: This voluntary annexation petition involves a 0.19-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Levern Street, approximately 160 feet west of Wood Avenue. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing City boundaries to the north, south, and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). 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 currently receives water service from the City. The closest sanitary sewer line is located in the adjacent Levern Street right-of-way. The applicant has not yet paid the City's sewer impact and assessment fees and 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 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north, south, and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval:1) Office of Management and Budget 2) Official Records and Legislative Services Cover Memo Item # 5 Ordinance No. 8415 -13 ORDINANCE NO. 8415-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LEVERN STREET, APPROXIMATELY 160 FEET WEST OF WOOD AVENUE, CONSISTING OF LOT 1, BLOCK E, BONAIR HILL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1544 LEVERN 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: Lot 1, Block E, Bonair Hill Subdivision, according to the map or plat thereof as recorded in Plat Book 26, Page 108, Public Records of Pinellas County, Florida. (ANX2013-03004) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Attachment number 1 \nPage 1 of 3 Item # 5 Ordinance No. 8415 -13 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 Attachment number 1 \nPage 2 of 3 Item # 5 Attachment number 1 \nPage 3 of 3 Item # 5 Ordinance No. 8416-13 ORDINANCE NO. 8416-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LEVERN STREET, APPROXIMATELY 160 FEET WEST OF WOOD AVENUE, CONSISTING OF LOT 1, BLOCK E, BONAIR HILL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1544 LEVERN STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 1, Block E, Bonair Hill Subdivision , Residential Low (RL) according to the map or plat thereof as recorded in Plat Book 26, Page 108, Public Records of Pinellas County, Florida (ANX2013-03004) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8415-13. 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 Attachment number 2 \nPage 1 of 2 Item # 5 Attachment number 2 \nPage 2 of 2 Item # 5 Ordinance No. 8417 -13 ORDINANCE NO. 8417-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LEVERN STREET, APPROXIMATELY 160 FEET WEST OF WOOD AVENUE, CONSISTING OF LOT 1, BLOCK E, BONAIR HILL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1544 LEVERN STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 1, Block E, Bonair Hill Subdivision, Low Medium Density according to the map or plat thereof as Residential (LMDR) recorded in Plat Book 26, Page 108, Public Records of Pinellas County, Florida (ANX2013-03004) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8415-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 3 \nPage 1 of 3 Item # 5 Ordinance No. 8417 -13 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 \nPage 2 of 3 Item # 5 Attachment number 3 \nPage 3 of 3 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Levern Street 1544 ANX2013-03004 - Hymel\Maps\ANX2013- 03004 Location Map.doc PALMST PINEBROOK WOODSON KINGSST DR HIGHWAYST ST ST N S BARBARAST FAIRMONT AVELN HIBISCUS HIBISCUS PARKWOOD WOODBINE SPRINGDALE MERE KARLYNCIR DR CASLER A V E RD MAPLE ST AVERichards MAPLE ST Ct MACRAEAVEDRNELSONAVE DRWOODWOODAVETERRACEELMWOOD ROSE WOOD WALNUT S M A L LFLAGLERCARLOSDRAVE DRSTCLARK WEBBDRST ST AVECR-548 LEVERN BONAIR ST ST RIDGELYNNAVEGENTRY CARROLL ST ST CROWN AVEST SHERWOOD WEBB LONG SCOTT AV[ PROJECT SITE PALMETTO ST HIGHLAND AVE-Not to Scale--Not a Survey- LOCATION MAP Owner: Hymel, Mary M. Case: ANX2013-03004 Site: 1544 Levern Street Property Size (Acres): 0.19 Land Use Zoning PIN: 11-29-15-10080-005-0010 From : To: RL R-3 RL LMDR Atlas Page: 270A Attachment number 4 \nPage 1 of 7 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Levern Street 1544 ANX2013-03004 - Hymel\Maps\ANX2013- 03004 Aerial.doc WOOD AVE WOOD AVE LONG ST LONG ST BONAIR ST BONAIR ST CLARK ST CLARK ST LEVERN ST LEVERN ST PALMETTO ST PALMETTO ST N HIGHLAND AVE N HIGHLAND AVE FLAGLER DR FLAGLER DR -Not to Scale--Not a Survey- AERIAL MAP Owner: Hymel, Mary M. Case: ANX2013-03004 Site: 1544 Levern Street Property Size (Acres): 0.19 Land Use Zoning PIN: 11-29-15-10080-005-0010 From : To: RL R-3 RL LMDR Atlas Page: 270A Attachment number 4 \nPage 2 of 7 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Levern Street 1544 ANX2013-03004 - Hymel\Maps\ANX2013- 03004 Proposed Annexation Map.doc 606060606060606060EABOARD 10080 10098 10116 10134 38961 38962 38963 39223 A B CD E F 42 1 2 3 1 2 3 4 1 2 3 4 5 6 1 2 3 4 78910 1 2 3 456 1 2 3 4 78910 123 4 56 1 2 3 4 5 6 7 891011121314 15 16 17 18 19 2021222324 1 2 3 4 5 6 78 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 19 20 21 22 24 25 26 27 28 12 34 123 3 4 5 1 2 345678 9 10 11 12 13 14 15 29 30 TRACT A 58 59 60 62 63 61 24/09 24/10 24/11 2424/03 2424/0424/0524/0624/07 60 80 60 1 3 2 4 1 2 5 6 7 8 9 10 11 12 1 2 3 4 5 1 LONG ST WOOD AVE BONAIR ST CLARK ST LEVERN ST PALMETTO ST N HIGHLAND AVE FLAGLER DR 90991291591591691015551524 1570156615701004 1001 10111540155011011550 156512011200 12111546122615511275 15601554154715611563154715491555156315671008 156015661571154515411537154515151533152615321540154115661572153315301540151615501532154115651529157115151013 1540154115321525151415691567152915171534152715091530151915081543152015241521153115601538151915731572154615331569153415391528151015321575153115291535152015381500 1267 1215 153515051201 15401021 152615351566153015251536150210051500 15501544154411151553 155515651536154715211525153515201271 15651510149615311217 15231019 15281536152815251536-Not to Scale--Not a Survey- PROPOSED ANNEXATION MAP Owner: Hymel, Mary M. Case: ANX2013-03004 Site: 1544 Levern Street Property Size (Acres): 0.19 Land Use Zoning PIN: 11-29-15-10080-005-0010 From : To: RL R-3 RL LMDR Atlas Page: 270A Attachment number 4 \nPage 3 of 7 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Levern Street 1544 ANX2013-03004 - Hymel\Maps\ANX2013- 03004 Future Land Use Map.doc RU RU RU RU RU RU RL RU RU RU RL RL RL RU RU RL RU CG RU R/OG RL RU T/U R/OS R/OS CG R/OG LONG ST WOOD AVE BONAIR ST CLARK ST LEVERN ST PALMETTO ST N HIGHLAND AVE FLAGLER DR 9099129159159101550154415551524 156615701004 1001 101115401550110115501115 12011200 1211155315461226 155515511275 15601554154715611563156515471549155515631008 1536156615711545154115471545151515211525153515331526152015321540154115661572153315301540151615501271 154115651529157115151540154115321525151415691529151715341527150915301519151015081543152015241521153115311538151915731572154615331569153415391528151015321217 15751531152915351019 1520153815281267 1215 1535150515401021 1526153515281530152515361525150210051500 916 15701544156515671560153715321013 156715651496156015231500 15361201 15661536-Not to Scale--Not a Survey- FUTURE LAND USE MAP Owner: Hymel, Mary M. Case: ANX2013-03004 Site: 1544 Levern Street Property Size (Acres): 0.19 Land Use Zoning PIN: 11-29-15-10080-005-0010 From : To: RL R-3 RL LMDR Atlas Page: 270A RL Attachment number 4 \nPage 4 of 7 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Levern Street 1544 ANX2013-03004 - Hymel\Maps\ANX2013- 03004 Zoning Map.doc LONG ST WOOD AVE BONAIR ST CLARK ST LEVERN ST PALMETTO ST N HIGHLAND AVE FLAGLER DR LMDR MDR OS/R I LMDR 9099129159159169101550154415551524 157015661004 1001 10111540155011011550 15651115 12011200 1211155315461226 155515511275 156015541547156115631565154715491555156315671008 153615601566157115451541154715371545151515211525153515331526152015321540154115661572153315301540151615501271 1532154115651529157115151013 15401541153215251514156915671529156515341527150915301510150815431520152415311496156015311538151915731572154615331569153415391528151015321217 15751531152915351019 1520153815281500 1267 1215 15351201 15401021 152615351566152815301525153615251502153610051500 15701544151715191521152315051536-Not to Scale--Not a Survey- ZONING MAP Owner: Hymel, Mary M. Case: ANX2013-03004 Site: 1544 Levern Street Property Size (Acres): 0.19 Land Use Zoning PIN: 11-29-15-10080-005-0010 From : To: RL R-3 RL LMDR Atlas Page: 270A LMDR Attachment number 4 \nPage 5 of 7 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Levern Street 1544 ANX2013-03004 - Hymel\Maps\ANX2013- 03004 Existing Surrounding Uses Map.doc 606060606060606060EABOARD 10080 10098 10116 10134 38961 38962 38963 39223 A B CD E F 42 1 2 3 1 2 3 4 1 2 3 4 5 6 1 2 3 4 78910 1 2 3 456 1 2 3 4 78910 123 4 56 1 2 3 4 5 6 7 891011121314 15 16 17 18 19 2021222324 1 2 3 4 5 6 78 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 19 20 21 22 24 25 26 27 28 12 34 123 3 4 5 1 2 345678 9 10 11 12 13 14 15 29 30 TRACT A 58 59 60 62 63 61 24/09 24/10 24/11 2424/03 2424/0424/0524/0624/07 60 80 60 1 3 2 4 1 2 5 6 7 8 9 10 11 12 1 2 3 4 5 1 LONG ST WOOD AVE BONAIR ST CLARK ST LEVERN ST PALMETTO ST N HIGHLAND AVE FLAGLER DR 90991291591591691015551524 1570156615701004 1001 10111540155011011550 156512011200 12111546122615511275 15601554154715611563154715491555156315671008 156015661571154515411537154515151533152615321540154115661572153315301540151615501532154115651529157115151013 1540154115321525151415691567152915171534152715091530151915081543152015241521153115601538151915731572154615331569153415391528151015321575153115291535152015381500 1267 1215 153515051201 15401021 152615351566153015251536150210051500 15501544154411151553 155515651536154715211525153515201271 15651510149615311217 15231019 15281536152815251536-Not to Scale--Not a Survey- EXISTING SUROUNDING USE MAP Owner: Hymel, Mary M. Case: ANX2013-03004 Site: 1544 Levern Street Property Size (Acres): 0.19 Land Use Zoning PIN: 11-29-15-10080-005-0010 From : To: RL R-3 RL LMDR Atlas Page: 270A Single Family Residential Single Family Residential Single Family Residential Preschool School Attachment number 4 \nPage 6 of 7 Item # 5 ANX2013-03004 Hymel, Mary 1544 Levern Street View looking north at the subject property, 1544 Levern Street East of the subject property Across the street, to the south of the subject property West of the subject property View looking easterly along Levern Street View looking westerly along Levern Street Attachment number 4 \nPage 7 of 7 Item # 5 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1212 Aloha Lane (Lot 3, Block 3, Sunset Knoll in Section 3, Township 29 South, Range 15 East); and Pass Ordinances 8403-13, 8404-13 and 8405-13 on first reading. (ANX2013-03005) SUMMARY: This voluntary annexation petition involves a 0.164-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Aloha Lane, approximately 125 feet east of Douglas Avenue.The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing City boundaries to the north. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste service will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. 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 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval:1) Official Records and Legislative Services Cover Memo Item # 6 Ordinance No. 8403 -13 ORDINANCE NO. 8403-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ALOHA LANE APPROXIMATELY 125 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF BLOCK 3, LOT 3, SUNSET KNOLL, WHOSE POST OFFICE ADDRESS IS 1212 ALOHA LANE, 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: Block 3, Lot 3, Sunset Knoll, according to the plat thereof, recorded in Plat Book 24, Page 26 of the Public Records of Pinellas County, Florida. (ANX2013-03005) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attachment number 1 \nPage 1 of 3 Item # 6 Ordinance No. 8403 -13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 3 Item # 6 Attachment number 1 \nPage 3 of 3 Item # 6 Ordinance No. 8404-13 ORDINANCE NO. 8404-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ALOHA LANE APPROXIMATELY 125 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF BLOCK 3, LOT 3, SUNSET KNOLL, WHOSE POST OFFICE ADDRESS IS 1212 ALOHA LANE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Block 3, Lot 3, Sunset Knoll, according to the Residential Urban (RU) Plat thereof, recorded in Plat Book 24, Page 26 of the Public Records of Pinellas County, Florida (ANX2013-03005) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8403-13. 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 Attachment number 2 \nPage 1 of 2 Item # 6 Attachment number 2 \nPage 2 of 2 Item # 6 Ordinance No.8405 -13 ORDINANCE NO. 8405-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ALOHA LANE APPROXIMATELY 125 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF BLOCK 3, LOT 3, SUNSET KNOLL, WHOSE POST OFFICE ADDRESS IS 1212 ALOHA LANE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Block 3, Lot 3 , Sunset Knoll, according to the Low Medium Density Plat thereof, recorded in Plat Book 24, Residential (LMDR) Page 26 of the Public Records of Pinellas County, Florida (ANX2013-03005) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8403-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 3 \nPage 1 of 3 Item # 6 Ordinance No.8405 -13 _______________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 \nPage 2 of 3 Item # 6 Attachment number 3 \nPage 3 of 3 Item # 6 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Aloha Lane 1212 ANX2013-03005 - Haskins\Maps\ANX2013-03005 Location Map.doc STATE ST DROVERBROOKCardova SUNSET POINT DR AVECR-576 SPRINGTIMERD DRSHERIDANAVECR-345COLESALOHA PINELAND TRAILA V E O V E R B R O O K H A R B O ADOUGLASAVEBROOKSYLVANCAROLYN VISTA WAY STEVE N S O N WASHINGTONMACOMBERCHENANGOBETTYSANDY LN WOODLAWN IDLEWILD CIR SEDEEVA ST CIR SANCWILSONST ST COMMODOREB ST BROSEDEEVAPlazaIVAST GRANADADolores OAKDALEPORT AVELNBERTLAND POINSETTAPINECRESTN CR-355TERR DR THF u lle r D r Fuller Dr [ PROJECT SITE -Not to Scale--Not a Survey- LOCATION MAP Owner: Sean Haskins Case: ANX2013-03005 Site: 1212 Aloha Lane Property Size (Acres): 0.164 Land Use Zoning PIN: 03-29-15-87912-003-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 4 \nPage 1 of 7 Item # 6 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Aloha Lane 1212 ANX2013-03005 - Haskins\Maps\ANX2013-03005 Aerial.doc DOUGLAS AVE DOUGLAS AVE SUNSET POINT RD SUNSET POINT RD CHENANGO AVE CHENANGO AVE IVA ST IVA ST SEDEEVA CIR NSEDEEVA CIR N OVERBROOK AVE OVERBROOK AVE COLES RD COLES RD ALOHA LN ALOHA LN SEDEEVA CIR SSEDEEVA CIR SSEDEEVA ST SEDEEVA ST SPRINGTIME AVE SPRINGTIME AVE SHERIDAN RD SHERIDAN RD -Not to Scale--Not a Survey- AERIAL MAP Owner: Sean Haskins Case: ANX2013-03005 Site: 1212 Aloha Lane Property Size (Acres): 0.164 Land Use Zoning PIN: 03-29-15-87912-003-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 4 \nPage 2 of 7 Item # 6 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Aloha Lane 1212 ANX2013-03005 - Haskins\Maps\ANX2013-03005 Proposed Annexation Map.doc 333060 60 60 80 666060 6055 606060608060 60 58 63 97 4040404050 30 50 30 333060 63 28674 8397087912 88128C D E F G G 1 2 3 4 G 14 15 16 17 18 19 20 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 13 14 15 16 17 18 192021222324 25262728 91011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 40 41 4243 44 45 46 47 48 49 50 51 5253 54 55 56 57 58 59 60 61 62 22 60 503350 30 60 60 8 1 1 1 1 DOUGLAS AVE SUNSET POINT RD IVA ST CHENANGO AVE SEDEEVA CIR N OVERBROOK AVE COLES RD ALOHA LN SEDEEVA CIR SSEDEEVA ST SPRINGTIME AVE SHERIDAN RD 1944 1942 1938 1910 1930 1934 1936 19151912 1916 1920 1926 1930 1938 1946 115911671887 1224190 1 1909 191 3 1915 1917 120612031205120912131903 121912031211120112131215124612481916 1918 1924 1926 1932 1938 1936 1940 1933 19431230 1946 1952 1954 1958 1960 1962 196412551251 123712 3 9 1967 1260125812561244124012361234123012221212120612001201120912111904 1910 121712011901 12081210122412341224121812001214123112261204123312251223120712051232122612221212120612041209121512211229123312371183 11781185118411621189117511651166115811711182117211901189117911801156115611751941 12021951118411801164116811781181117011851161117411791160116011671181A1199Traf19391943 1945 1910 1928 1942 188 2 1885 511245 1249 1251 1257 1261 12311227122312251225121612121206120412201216121212171973 11571925 1960 19271161171933 1945 1921 1917 1181171911 1929 1181161935 117111861931 1191943 1181915 19521164 11471171181B1920 1/2 -Not to Scale--Not a Survey- PROPOSED ANNEXATION MAP Owner: Sean Haskins Case: ANX2013-03005 Site: 1212 Aloha Lane Property Size (Acres): 0.164 Land Use Zoning PIN: 03-29-15-87912-003-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 4 \nPage 3 of 7 Item # 6 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Aloha Lane 1212 ANX2013-03005 - Haskins\Maps\ANX2013-03005 Future Land Use Map.doc RU I RU RU RU RU RU RURU RU RMRM RU CG RU CG RU RU RU RU RM RU RU DOUGLAS AVE SUNSET POINT RD IVA ST CHENANGO AVE SEDEEVA CIR N OVERBROOK AVE COLES RD ALOHA LN SEDEEVA CIR SSEDEEVA ST SPRINGTIME AVE SHERIDAN RD 1939 1945 1944 1942 1938 1910 1930 1934 1936 19151912 1916 1920 1926 1928 1930 1938 1946 1942 1167122419 01 1909 19 13 19 15 1917 12061203120512091213121912031211120112131215124612481916 1918 1924 1926 1932 1938 1936 1940 1933 19431230 1946 1952 1954 1958 1960 1962 196412551251 123712 39 1245 1249 1251 1257 1261 1967 1260125812561244124012361230122212121206120012311227122312251904 1910 1217120112081210122412341224121812141231122612041233122512231207120512321226122212121206120412091215121712211229123312371973 1183 118511841925 11891960 192711751165 11661158193311711945 117211901921 1917 118911791911 118011561929115611751935 11861941 1931 1943 1202195111841168117811811915 1185116119521174117911601167 1181A1920 1/2 1199Traf1943 1910 11591882 1885 1887 511903 123412011209122512111901 12161212120612041200122012161212115711781162116117118211811711821161171119011881180116411701164114711601171181B-Not to Scale--Not a Survey- FUTURE LAND USE MAP Owner: Sean Haskins Case: ANX2013-03005 Site: 1212 Aloha Lane Property Size (Acres): 0.164 Land Use Zoning PIN: 03-29-15-87912-003-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 4 \nPage 4 of 7 Item # 6 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Aloha Lane 1212 ANX2013-03005 - Haskins\Maps\ANX2013-03005 Zoning Map.doc DOUGLAS AVE SUNSET POINT RD IVA ST CHENANGO AVE SEDEEVA CIR N OVERBROOK AVE COLES RD ALOHA LN SEDEEVA CIR SSEDEEVA ST SPRINGTIME AVE SHERIDAN RD MDR I LMDR MDR LMDR 1939 1945 1944 1942 1938 1910 1930 1934 1936 19151912 1916 1920 1926 1928 1930 1938 115911671885 1887 122419 01 1909 19 13 19 15 1917 120612031205120912131903 121912031211120112131215124612481916 1918 1924 1926 1932 1938 1936 1940 1933 19431230 1946 1952 1954 1958 1960 1962 196412551251 123712 39 1245 1249 1251 1257 1261 1967 126012581256124412401236123412301222121212061200123112271223120112091225122512111904 1910 121712011901 120812101224123412241218121412311226122012161233122512231207120512321226122212121206120412091215121712211229123312371973 1183 1178118511841925 116211891960 192711751165 1166115819331171 11821945 117211901921 1917 118911791911 118011561929115611751935 11861941 1931 19431951 1184118011641168117811811915 118511611952117411791160 116011671181B1181A1920 1/2 1199Traf1943 1910 1946 1942 1882 511216121212061204120012121204115711611711811711821161171119011881202117011641147117-Not to Scale--Not a Survey- ZONING MAP Owner: Sean Haskins Case: ANX2013-03005 Site: 1212 Aloha Lane Property Size (Acres): 0.164 Land Use Zoning PIN: 03-29-15-87912-003-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B LMDR Attachment number 4 \nPage 5 of 7 Item # 6 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Aloha Lane 1212 ANX2013-03005 - Haskins\Maps\ANX2013-03005 Existing Surrounding Uses Map.doc 333060 60 60 80 666060 6055 606060608060 60 58 63 97 4040404050 30 50 30 333060 63 28674 8397087912 88128C D E F G G 1 2 3 4 G 14 15 16 17 18 19 20 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 13 14 15 16 17 18 192021222324 25262728 91011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3233 34 35 36 37 38 39 40 41 4243 44 45 46 47 48 49 50 51 5253 54 55 56 57 58 59 60 61 62 22 60 503350 30 60 60 8 1 1 1 1 DOUGLAS AVE SUNSET POINT RD IVA ST CHENANGO AVE SEDEEVA CIR N OVERBROOK AVE COLES RD ALOHA LN SEDEEVA CIR SSEDEEVA ST SPRINGTIME AVE SHERIDAN RD 1944 1942 1938 1910 1930 1934 1936 19151912 1916 1920 1926 1930 1938 1946 115911671887 1224190 1 1909 191 3 1915 1917 120612031205120912131903 121912031211120112131215124612481916 1918 1924 1926 1932 1938 1936 1940 1933 19431230 1946 1952 1954 1958 1960 1962 196412551251 123712 3 9 1967 1260125812561244124012361234123012221212120612001201120912111904 1910 121712011901 12081210122412341224121812001214123112261204123312251223120712051232122612221212120612041209121512211229123312371183 11781185118411621189117511651166115811711182117211901189117911801156115611751941 12021951118411801164116811781181117011851161117411791160116011671181A1199Traf19391943 1945 1910 1928 1942 188 2 1885 511245 1249 1251 1257 1261 12311227122312251225121612121206120412201216121212171973 11571925 1960 19271161171933 1945 1921 1917 1181171911 1929 1181161935 117111861931 1191943 1181915 19521164 11471171181B1920 1/2 -Not to Scale--Not a Survey- EXISTING SURROUNDING USES MAP Owner: Sean Haskins Case: ANX2013-03005 Site: 1212 Aloha Lane Property Size (Acres): 0.164 Land Use Zoning PIN: 03-29-15-87912-003-0030 From : To: RU R-4 RU LMDR Atlas Page: 251B Multi Family Residential Church Gun Shop Single Family Residential Single Family Residential Attachment number 4 \nPage 6 of 7 Item # 6 ANX2013-03005 Haskins, Sean 1212 Aloha Lane View looking north at the subject property, 1212 Aloha Lane East of the subject property Across the street, to the south of the subject property West of the subject property View looking easterly along Aloha Lane View looking westerly along Aloha Lane Attachment number 4 \nPage 7 of 7 Item # 6 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1321 Parkwood Street (Lot 3, Block B, Pine Ridge Subdivision, in Section 10, Township 29 South, Range 15 East) together with the abutting right-of-way of Parkwood Street; and pass Ordinances 8406-13, 8407-13 and 8408-13 on first reading. (ANX2013-03006) SUMMARY: This voluntary annexation petition involves a 0.178-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Parkwood Street, approximately 400 feet east of Betty Lane. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning and Development Department is requesting that the 0.092-acres of abutting Parkwood Street right-of-way not currently within the City limits also be annexed. The property is located within an enclave and is contiguous to existing City boundaries to the north and south. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). 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 currently receives water service from the City. The closest sanitary sewer line is located in the adjacent Parkwood Street right-of-way. The applicant has paid the City's sewer impact and assessment fees and 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 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north and south; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval:1) Official Records and Legislative Services Cover Memo Item # 7 Ordinance No. 8406 -13 ORDINANCE NO. 8406-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PARKWOOD STREET APPROXIMATELY 400 FEET EAST OF BETTY LANE, CONSISTING OF PINE RIDGE SUBDIVISION BLOCK B, LOT 3, WHOSE POST OFFICE ADDRESS IS 1321 PARKWOOD STREET, TOGETHER WITH THE ABUTTING RIGHT OF WAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 3 in Block “B” of Pine Ridge Subdivision, according to map or plat thereof as recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida (ANX2013-03006) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attachment number 1 \nPage 1 of 3 Item # 7 Ordinance No. 8406 -13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 3 Item # 7 Attachment number 1 \nPage 3 of 3 Item # 7 Ordinance No.8407 -13 ORDINANCE NO. 8407-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PARKWOOD STREET APPROXIMATELY 400 FEET EAST OF BETTY LANE, CONSISTING OF PINE RIDGE SUBDIVISION BLOCK B, LOT 3, WHOSE POST OFFICE ADDRESS IS 1321 PARKWOOD STREET, TOGETHER WITH THE ABUTTING RIGHT OF WAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 3 in Block “B” of Pine Ridge Subdivision, Residential Low (RL) According to map or plat thereof as recorded In Plat Book 28, page 98, Public Records of Pinellas County, Florida (ANX2013-03006) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8406 -13. 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 Attachment number 2 \nPage 1 of 2 Item # 7 Attachment number 2 \nPage 2 of 2 Item # 7 Ordinance No. 8408-13 ORDINANCE NO. 8408-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PARKWOOD STREET APPROXIMATELY 400 FEET EAST OF BETTY LANE, CONSISTING OF PINE RIDGE SUBDIVISION BLOCK B, LOT 3, WHOSE POST OFFICE ADDRESS IS 1321 PARKWOOD STREET, TOGETHER WITH THE ABUTTING RIGHT OF WAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 3, in Block “B” of Pine Ridge Subdivision, Low Medium Density according to map or plat thereof as recorded Residential (LMDR) In Plat Book 28, Page 98, Public Records of Pinellas County, Florida (ANX2013-03006) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8406-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 3 \nPage 1 of 3 Item # 7 Ordinance No. 8408-13 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 \nPage 2 of 3 Item # 7 Attachment number 3 \nPage 3 of 3 Item # 7  S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Parkwood St 1321 ANX2013-03006 - Johnson\Maps\ANX2013- 03006 Location Map.doc ST SANDY GROVE CAROLYN STEVENSONSHOLTAVEPINST DOUGLAS AVESTDR AVEDOUGLASASYLVACAROLYN ST ST PINEBROOK WOODSONADMIRAL CEDAR HIBISCUSPINE KINGSST PARKWOOD WOODBINE SPRINGDALE Otis C GreenAVEENGMAN ST C A R O LTONCKCLAIRE DR S TO DR OVERLEA BROOKDRROLLEN HIGHWAYST ST ST N S BARBARAST FAIRMONT AVEHEAVEN SANDY MARY TERRACE FAIRMONT C R-560JADE LN RDL RD RD CR-365CARSENT LN OTTEN LN HIBISCUS HIBISCUS PARKWOOD WOODBINE SPRINGDALEWESTONBENTLEY TERRACECARLOSDR AVECIRC ST [ PROJECT SITE BETTY LN-Not to Scale--Not a Survey- LOCATION MAP Owner: Nathaniel Johnson Case: ANX2013-03006 Site: 1321 Parkwood Street Property (Acres): R.O.W. (Acres): 0.178 0.092 Land Use Zoning PIN: 10-29-15-71694-002-0030 From : To: RL R-3 RL LMDR Atlas Page: 269B Attachment number 4 \nPage 1 of 7 Item # 7  S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Parkwood St 1321 ANX2013-03006 - Johnson\Maps\ANX2013- 03006 Aerial.doc BETTY LN BETTY LN ROLLEN RD ROLLEN RD TERRACE RD TERRACE RD FAIRMONT ST FAIRMONT ST WOODBINE ST WOODBINE ST PARKWOOD ST PARKW OOD ST SPRINGDALE ST SPRINGDALE ST C A R O L D R C A R O L D R CLAIRE DR CLAIRE DR O V E R B R O O K A V E O V E R B R O O K A V E STOCKTON DR STOCKTON DR -Not to Scale--Not a Survey- AERIAL MAP Owner: Nathaniel Johnson Case: ANX2013-03006 Site: 1321 Parkwood Street Property (Acres): R.O.W. (Acres): 0.178 0.092 Land Use Zoning PIN: 10-29-15-71694-002-0030 From : To: RL R-3 RL LMDR Atlas Page: 269B Attachment number 4 \nPage 2 of 7 Item # 7  S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Parkwood St 1321 ANX2013-03006 - Johnson\Maps\ANX2013- 03006 Proposed Annexation Map.doc 30 6060668008370 A A 24 25 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 3 4 5 17 16 15 14 13 12 43/042 60 50505050 60 60 60 30 60 5 0 83 38 6906671694 4 6 B D A A BB C C DD A 1 2 3 4 5 16 15 14 13 12 9 8 7 6 5 4 3 2 1 1 2 3 4 5 10 11 12 13 14 15 16 17 18 16 15 14 13 12 9 8 7 6 5 4 3 2 1 1 2 3 4 5 10 11 12 13 14 15 16 17 18 16 15 14 13 12 9 8 7 6 5 4 3 2 1 1 2 3 4 5 9 8 7 6 5 4 3 2 1 10 11 12 13 14 15 16 17 18 25 26 27 4 5 3 2 1 9 1 1 16 2 15 3 14 4 13 12 1110 5 6 9 8 4 3 2 1 BETTY LN ROLLEN RD TERRACE RD FAIRMONT ST WOODBINE ST PARKW OOD ST SPRINGDALE ST C A R O L D R CLAIRE DR 170117111504150815121 5 1 5 1307130513091311133313131327131712401604 1239 131013041308130413001619 1625 1616 162012321236 124013051309131313081304131213321320132613281329132513211 2 2113251427 130913111501 133313411349131713131324134113441332130513201341134013281349134113491356135612381340132113521348130513171317134513211361130113251340132813261356135213281348130513151353134813401341134913091357134413131329134513081353135713241312135613521353135213291229 133413341241135715301325 134513071615 132213211231 13491345135713011613 132617117171 6 150115071 5 2 5 1224 1240 132112351228 1703 1608 1612 131713161232 1225 14191421 1423 1707 123713141318111710 1601 13531113041 2 3 4 1312131413201130713481334133013571316135313451330-Not to Scale--Not a Survey- PROPOSED ANNEXATION MAP Owner: Nathaniel Johnson Case: ANX2013-03006 Site: 1321 Parkwood Street Property (Acres): R.O.W. (Acres): 0.178 0.092 Land Use Zoning PIN: 10-29-15-71694-002-0030 From : To: RL R-3 RL LMDR Atlas Page: 269B Attachment number 4 \nPage 3 of 7 Item # 7  S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Parkwood St 1321 ANX2013-03006 - Johnson\Maps\ANX2013- 03006 Future Land Use Map.doc RU RL RU RU RURU RU RU RL RL RL RL CG RU RU RL RL CG CGRL RL RL RL RU P RL CG RU RU CG RL RU RU BETTY LN ROLLEN RD TERRACE RD FAIRMONT ST WOODBINE ST PARKW OOD ST SPRINGDALE ST C A R O L D R CLAIRE DR O V E R B R O O K A V E 170117111717151215011 5 1 5 1507130513091311133313131327131712401604 1235 12391228 13041703 1308130413001619 1625 1608 1612 1616 16201236 1240130513091313131713081304131213161332132013281329132512251 2 2 113251421 1427 130913111501 1333134113491317131313241341134413321707 1305123713411314134013281349134113561710 13561238134013211601 13521353134813171317134513211361130113251340132813261356135213281348130413051315135313481340134113491309135713441313132913451 2 3 4 1308131213531314135713241312135613521353135213291229 1334133413201241135713251345134813071357131613531322132113451231 13491345135713011613 1326171150415081 6 1 5 2 5 1224 1240 1307132113101232132613211232 1419 1423 1320131813491113051111530 1307133413301615 1330-Not to Scale--Not a Survey- FUTURE LAND USE MAP Owner: Nathaniel Johnson Case: ANX2013-03006 Site: 1321 Parkwood Street Property (Acres): R.O.W. (Acres): 0.178 0.092 Land Use Zoning PIN: 10-29-15-71694-002-0030 From : To: RL R-3 RL LMDR Atlas Page: 269B RL Attachment number 4 \nPage 4 of 7 Item # 7  S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Parkwood St 1321 ANX2013-03006 - Johnson\Maps\ANX2013- 03006 Zoning Map.doc BETTY LN ROLLEN RD TERRACE RD FAIRMONT ST WOODBINE ST PARKW OOD ST SPRINGDALE ST C A R O L D R CLAIRE DR O V E R B R O O K A V E STOCKTON DR LMDR C C LMDR LMDR LMDR LMDR 1701171117171504150815121307130513091311133313131327131712401604 1235 1239 131013041703 1308130413001619 1625 1608 1612 1616 1620 124013051309131313171308130413121316133213201326132813291325132112251 2 2 113251421 1427 130913111501 1333134113491317131313241341134413321707 13051320134113141340132813491341134913561710 13561238134013211601 13521353134813171317134513211361130113251340132813261356135213281348130413051315135313481340134113491309135713441313132913451 2 3 4 1308131213531314135713241312135613521353135213291229 1334133413201241135715301325 134513481307133013571615 1316135313221321134513491345135713011613 13261711 6 15011 5 1 5 15071 5 2 5 1224 1240 13211228123212361232 1419 14231237 1318111305111130713341231 1330-Not to Scale--Not a Survey- ZONING MAP Owner: Nathaniel Johnson Case: ANX2013-03006 Site: 1321 Parkwood Street Property (Acres): R.O.W. (Acres): 0.178 0.092 Land Use Zoning PIN: 10-29-15-71694-002-0030 From : To: RL R-3 RL LMDR Atlas Page: 269B LMDR Attachment number 4 \nPage 5 of 7 Item # 7  S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Parkwood St 1321 ANX2013-03006 - Johnson\Maps\ANX2013- 03006 Existing Surrounding Uses.doc 30 6060668008370 A A 24 25 18 17 16 15 14 13 12 11 10 1 2 3 4 5 6 7 8 9 1 2 3 4 5 17 16 15 14 13 12 43/042 60 50505050 60 60 60 30 60 5 0 83 38 6906671694 4 6 B D A A BB C C DD A 1 2 3 4 5 16 15 14 13 12 9 8 7 6 5 4 3 2 1 1 2 3 4 5 10 11 12 13 14 15 16 17 18 16 15 14 13 12 9 8 7 6 5 4 3 2 1 1 2 3 4 5 10 11 12 13 14 15 16 17 18 16 15 14 13 12 9 8 7 6 5 4 3 2 1 1 2 3 4 5 9 8 7 6 5 4 3 2 1 10 11 12 13 14 15 16 17 18 25 26 27 4 5 3 2 1 9 1 1 16 2 15 3 14 4 13 12 1110 5 6 9 8 4 3 2 1 BETTY LN ROLLEN RD TERRACE RD FAIRMONT ST WOODBINE ST PARKW OOD ST SPRINGDALE ST C A R O L D R CLAIRE DR 170117111504150815121 5 1 5 1307130513091311133313131327131712401604 1239 131013041308130413001619 1625 1616 162012321236 124013051309131313081304131213321320132613281329132513211 2 2 1 13251427 130913111501 133313411349131713131324134113441332130513201341134013281349134113491356135612381340132113521348130513171317134513211361130113251340132813261356135213281348130513151353134813401341134913091357134413131329134513081353135713241312135613521353135213291229 133413341241135715301325 134513071615 132213211231 13491345135713011613 132617117171 6 150115071 5 2 5 1224 1240 132112351228 1703 1608 1612 131713161232 1 2 2 514191421 1423 1707 123713141318111710 1601 135311130412341312131413201130713481334133013571316135313451330-Not to Scale--Not a Survey- EXISTING SURROUNDING USE MAP Owner: Nathaniel Johnson Case: ANX2013-03006 Site: 1321 Parkwood Street Property (Acres): R.O.W. (Acres): 0.178 0.092 Land Use Zoning PIN: 10-29-15-71694-002-0030 From : To: RL R-3 RL LMDR Atlas Page: 269B Single Family Residential Retail Church Fire Station 51 Auto Repair Single Family ResidentialDuplex DuplexAttachment number 4 \nPage 6 of 7 Item # 7 ANX2013-03006 Johnson, Nathaniel 1321 Parkwood Street View looking south at the subject property, 1321 Parkwood Street East of the subject property Across the street, to the south of the subject property West of the subject property View looking easterly along Parkwood Street View looking westerly along Parkwood Street Attachment number 4 \nPage 7 of 7 Item # 7 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1270 Palm Street (Lot 11, Knight’s Acres in Section 3, Township 29 South, Range 15 East); and Pass Ordinances 8412-13, 8413-13 and 8414-13 on first reading. (ANX2013-04009) SUMMARY: This voluntary annexation petition involves a 0.118-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Palm Street, approximately 200 feet west of Betty Lane. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste service will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. 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 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval:1) Official Records and Legislative Services Cover Memo Item # 8 Ordinance No. 8412-13 ORDINANCE NO. 8412-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PALM STREET APPROXIMATELY 200 FEET WEST OF BETTY LANE, CONSISTING OF KNIGHT’S ACRES LOT 11, WHOSE POST OFFICE ADDRESS IS 1270 PALM 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: Lot 11, Knight’s Acres, according to the map or plat thereof as recorded In Plat Book 11, Page 67, Public Records of Pinellas County, Florida. (ANX2013-04009) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attachment number 1 \nPage 1 of 3 Item # 8 Ordinance No. 8412-13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 3 Item # 8 Attachment number 1 \nPage 3 of 3 Item # 8 Ordinance No. 8413-13 ORDINANCE NO. 8413-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PALM STREET APPROXIMATELY 200 FEET WEST OF BETTY LANE, CONSISTING OF KNIGHT’S ACRES LOT 11, WHOSE POST OFFICE ADDRESS IS 1270 PALM STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 11, Knight’s Acres, according to the map or Residential Urban (RU) plat thereof as recorded in Plat Book 11, Page 67, Public Records of Pinellas County, Florida (ANX2013-04009) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8412-13. 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 Attachment number 2 \nPage 1 of 2 Item # 8 Attachment number 2 \nPage 2 of 2 Item # 8 Ordinance No. 8414 -13 ORDINANCE NO. 8414-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PALM STREET APPROXIMATELY 200 FEET WEST OF BETTY LANE, CONSISTING OF KNIGHT’S ACRES LOT 11, WHOSE POST OFFICE ADDRESS IS 1270 PALM STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 11, Knight’s Acres, according to the map Low Medium Density or plat thereof as recorded in Plat Book 11, Residential (LMDR) Page 67, Public Records of Pinellas County, Florida. (ANX2013-04009) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8412-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 3 \nPage 1 of 3 Item # 8 Ordinance No. 8414 -13 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 \nPage 2 of 3 Item # 8 Attachment number 3 \nPage 3 of 3 Item # 8 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St 1270 ANX2013-04009 - Carroll\Maps\ANX2013-04009 Location Map.doc FLORASTATE ST KING'SBARBARACARLOSDROVERBROOKAVECR-576RD DRSHERIDANAVECR-345COLESALOHA VISTA WAY LN LN WILSON MACOMBERCHENANGOBETTYSPRING THAMES SUNSET RD WOODLAWN IDLEWILD CIR SEDEEVA CIR SBROADWAYSEDEEVAPlazaIVAST GRANADADolores OAKDALEStarboard PORT PALM BERMUDA RD Cir S Cir N B Y R A MAVELN BERTLAND ARBELIA POINSETTAPINECRESTN CR-355TERR ST ST AVEHIGHWAYDR LantanaMALLTHEEVERGREENST ALPINERIDGELANERDRidgelane Ridgelane F u lle r D r Fuller Dr [ PROJECT SITE UNION ST DOUGLAS AVE-Not to Scale--Not a Survey- LOCATION MAP Owner: Robert J. and Beth A. Carroll Case: ANX2013-04009 Site: 1270 Palm Street Property Size (Acres): 0.118 Land Use Zoning PIN: 03-29-15-46998-000-0110 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 4 \nPage 1 of 7 Item # 8 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St 1270 ANX2013-04009 - Carroll\Maps\ANX2013-04009 Aerial.doc UNION ST UNION ST BETTY LN BETTY LN PALM ST PALM ST IDLEWILD DR IDLEWILD DR POINSETTA AVE POINSETTA AVE BERMUDA ST BERMUDA ST WOODLAWN TER WOODLAWN TER PINECREST WAY PINECREST WAY -Not to Scale--Not a Survey- AERIAL MAP Owner: Robert J. and Beth A. Carroll Case: ANX2013-04009 Site: 1270 Palm Street Property Size (Acres): 0.118 Land Use Zoning PIN: 03-29-15-46998-000-0110 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 4 \nPage 2 of 7 Item # 8 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St 1270 ANX2013-04009 - Carroll\Maps\ANX2013-04009 Proposed Annexation Map.doc 60 60 606060 00606060 60 604015840 46998 80388 A F K L A B C A B E 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 8 9 10 11 12 13 14 15 16 17 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 E J 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 106 107 108 109 1101 1 UNION ST BETTY LN PALM ST IDLEWILD DR POINSETTA AVE BERMUDA ST WOODLAWN TER 2040 2044125912711263 13222077 13172063 204913092071 2083 2047 13002069 2010 2020 2026 2028 131013002025 201913171301 2022 20301291 12962021 2027 2020 2022 2026 126212601256123412651261125712451243123512232017 12901292128412801272126612601254124612421226122212312044129312791277127112671265125912551251124712451239123512251264124212342060 2064 2066129312791275126712551257125112451239123512331231128212781274126212241222125312831275127312711265126312551247124512411237 2048 2050 2060 2058 2035 2039 2017 20311268 2025 2068 2070 2072 2080 2079 13102063 2065 2067 2024 2028 1286126612521246123212442021 12501276126812621256125012321228122012831270126612601256125012461244123812341230126712591235122712232043 2021 2015-Not to Scale--Not a Survey- PROPOSED ANNEXATION MAP Owner: Robert J. and Beth A. Carroll Case: ANX2013-04009 Site: 1270 Palm Street Property Size (Acres): 0.118 Land Use Zoning PIN: 03-29-15-46998-000-0110 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 4 \nPage 3 of 7 Item # 8 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St 1270 ANX2013-04009 - Carroll\Maps\ANX2013-04009 Future Land Use Map.doc RU RU RU RU RU RU RU RU RU RU RM RU RU RU RU RU RM UNION ST BETTY LN PALM ST IDLEWILD DR POINSETTA AVE BERMUDA ST WOODLAWN TER 2040 2025 2044125912711263 132213172063 204913092071 2079 2083 131013002063 2065 2067 2069 2010 2020 2026 2028 13101300202513012022 2024 2028 20301291 129612862021 2027 2020 2022 2026 1266126212601256123212341265126112571245124312352021 2017 12901292128412801272126612601254125012461242122612221231204412931279127712711267126512591255125112471245123912351225127612681264126212561250124212341232122812202060 2064 2066129312831279127512671255125712511245123912351233123112821278127412661262126012561250124612441238123412301224122212531283127512731271126512671263125912551247124512411237123512271223 2048 2050 2060 2058 2035 2039 2043 2017 2021 2031 201512682077 2068 2070 2072 2080 2047 2019 131712521246124412231270-Not to Scale--Not a Survey- FUTURE LAND USE MAP Owner: Robert J. and Beth A. Carroll Case: ANX2013-04009 Site: 1270 Palm Street Property Size (Acres): 0.118 Land Use Zoning PIN: 03-29-15-46998-000-0110 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 4 \nPage 4 of 7 Item # 8 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St 1270 ANX2013-04009 - Carroll\Maps\ANX2013-04009 Zoning Map.doc UNION ST BETTY LN PALM ST IDLEWILD DR POINSETTA AVE BERMUDA ST WOODLAWN TER PINECREST WAY LMDR MDR LMDR LMDR 2040 2025 2044125912711263 13222077 131713092071 2079 2083 2047 131013002063 2065 2067 2069 2010 2020 2026 2028 131013002025 2019 131713012022 2024 2028 20301291 129612862021 2027 2020 2026 12661262126012561232123412651261125712451243123512232021 2017 1290129212841280127212661260125012461242122612221231204412931279127712711267126512591255125112471245123912351225127612681264126212561250124212341232122812202060 2064 2066129312831279127512671255125712511245123912351233123112821278127412661262126012561250124612441238123412301224122212531283127512731271126512671263125912551247124512411237123512271223 2048 2050 2060 2058 2035 2039 2043 2017 2021 2031 201512682063 2049 2068 2070 2072 2080 2022 12521246124412541270-Not to Scale--Not a Survey- ZONING MAP Owner: Robert J. and Beth A. Carroll Case: ANX2013-04009 Site: 1270 Palm Street Property Size (Acres): 0.118 Land Use Zoning PIN: 03-29-15-46998-000-0110 From : To: RU R-4 RU LMDR Atlas Page: 251B LMDR Attachment number 4 \nPage 5 of 7 Item # 8 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Palm St 1270 ANX2013-04009 - Carroll\Maps\ANX2013-04009 Existing Surrounding Uses.doc 60 60 606060 00606060 60 604015840 46998 80388 A F K L A B C A B E 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 8 9 10 11 12 13 14 15 16 17 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 E J 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 106 107 108 109 1101 1 UNION ST BETTY LN PALM ST IDLEWILD DR POINSETTA AVE BERMUDA ST WOODLAWN TER 2040 2044125912711263 13222077 13172063 204913092071 2083 2047 13002069 2010 2020 2026 2028 131013002025 201913171301 2022 20301291 12962021 2027 2020 2022 2026 126212601256123412651261125712451243123512232017 12901292128412801272126612601254124612421226122212312044129312791277127112671265125912551251124712451239123512251264124212342060 2064 2066129312791275126712551257125112451239123512331231128212781274126212241222125312831275127312711265126312551247124512411237 2048 2050 2060 2058 2035 2039 2017 20311268 2025 2068 2070 2072 2080 2079 13102063 2065 2067 2024 2028 1286126612521246123212442021 12501276126812621256125012321228122012831270126612601256125012461244123812341230126712591235122712232043 2021 2015-Not to Scale--Not a Survey- EXISTING SURROUNDING USE MAP Owner: Robert J. and Beth A. Carroll Case: ANX2013-04009 Site: 1270 Palm Street Property Size (Acres): 0.118 Land Use Zoning PIN: 03-29-15-46998-000-0110 From : To: RU R-4 RU LMDR Atlas Page: 251B Multi‐ Family Residential Multi‐ Family Residential Single Family Residential Single Family Residential Single Family Residential Attachment number 4 \nPage 6 of 7 Item # 8 ANX2013-04009 Carroll, Robert J. and Beth A. 1270 Palm Street View looking north at the subject property, 1270 Palm Street East of the subject property Across the street, to the south of the subject property West of the subject property View looking easterly along Palm Street View looking westerly along Palm Street Attachment number 4 \nPage 7 of 7 Item # 8 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve an Amendment to the Development Agreement between Sea Captain, a Florida General Partnership (the property owner), and the City of Clearwater, providing for the allocation of 53 units from the Hotel Density Reserve established in Beach by Design; adopt Resolution 13-06, and authorize the appropriate officials to execute same. (DVA2010-08001A) SUMMARY: On January 13, 2011, City Council approved a development agreement with the Sea Captain, a Florida General Partnership, for a property located at 40 Devon Drive. This agreement allocated 53 units from the Hotel Density Reserve on Clearwater Beach for the construction of a new hotel on this site. The site plan approved in conjunction with this agreement (FLD2010- 08004) was attached to the development agreement as Exhibit A. The development order authorizing that site plan expired on December 21, 2012. The proposed amendment to the development agreement replaces the expired Exhibit A with a newly approved site plan (FLD2013-02007). There are no changes between the newly approved site plan and the one originally associated with the development agreement. The total 0.829-acre parcel is located on the north side of Devon Drive, approximately 150 feet east of Coronado Drive. The majority of the subject property (0.659 acre) is zoned Tourist (T) District, but the eastern portion (0.17 acre) of the subject property north of the adjacent detached dwelling at 94 Devon Drive is zoned Low Medium Density Residential (LMDR) District and is not part of Beach by Design. The subject property is currently developed with a 27-room motel. However, it is proposed to be redeveloped under FLD2013-02007 with an overnight accommodation use of a total of 85 rooms (128.98 rooms/acre on the acreage zoned Tourist (T) District, including the allocation of 53 units from the Hotel Density Reserve), approximately 7,986 square feet of accessory uses to the hotel and a height of 75.25 feet (to top of roof deck). On May 21, 2013, the Community Development Board (CDB) approved with 17 conditions of approval FLD2013-02007 for the construction of the 85-room hotel with associated amenities. The proposed hotel and its accessory uses are located solely within the area zoned Tourist (T) District (only the retention area is located with the area zoned Low Medium Density Residential [LMDR] District) and the calculations for density and impervious surface ratio are based upon only the land area zoned Tourist (T) District. The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of 53 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. Cover Memo Item # 9 The Community Development Board reviewed this Development Agreement application at its public hearing on May 21, 2013, and unanimously recommended approval of the application (DVA2010-08001A). Review Approval:1) Official Records and Legislative Services Cover Memo Item # 9 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the _______ day of _______________, 2013, and entered into between SEA CAPTAIN, A FLORIDA GENERAL PARTNERSHIP ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision 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 controls approximately 0.829 acre (0.659 acre zoned Tourist (T) District and 0.17 acre zoned Low Medium Density Residential (LMDR) District) of real property ("Property") in the corporate limits of the City, consisting of 0.659 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 existing hotel rooms and other uses in order to add overnight accommodation units, minimal meeting space for guest use, ground level pool, new lobby and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B”; and WHEREAS, upon completion the planned resort will contain 85 units, which includes Fifty-Three (53) units from the available Hotel Density Reserve: WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; and Attachment number 1 \nPage 1 of 21 Item # 9 2 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 ______________________, 2013, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the Community Development Board approved the design and site plan as FLD2013-02007 on ________________, 20__, 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. 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 total acreage of 0.829 acre (0.659 acre with Resort Facilities High (RFH) land use and Tourist (T) District zoning and 0.17 acre with Residential Urban (RU) land use and Low Medium Density Residential (LMDR) District zoning). Attachment number 1 \nPage 2 of 21 Item # 9 3 3.2. The Property is owned in fee simple by the Developer. 3.3 The Property is generally located at 40 Devon Drive Clearwater, FL 33767 as more further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Project shall consist of no more than 85 overnight accommodation units. The proposed density is 128.98 units per acre. The project includes approximately 7,986 square feet of accessory uses, representing 9.91% of the gross floor area of the overnight accommodation building. 4.2 The Project shall include 93 parking spaces, as defined in the Community Development Code. 4.3 The proposed height of the building is 75’-3” to the roof deck. 4.4 The design of the Project, as represented in Exhibit “B”, is consistent with Beach by Design. 4.5 The project shall comply with the Metropolitan Planning Organization (MPO) countywide approach to the application of concurrency management for transportation facilities. 4.6 Outdoor music or amplified sound shall be prohibited after 11:00 p.m. on Sundays through Thursdays and after 12:00 midnight on Fridays and Saturdays. 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 Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G. 2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs 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. Attachment number 1 \nPage 3 of 21 Item # 9 4 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 Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2013-02007. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning and Development Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning and Development 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 and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the 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", that 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 Attachment number 1 \nPage 4 of 21 Item # 9 5 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 the Fractional Share Units or 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 53 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 FLD20103-02007 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, 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 FLD2013-02007 and by this Agreement. 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 No overnight accommodation unit may be converted to a residential use (i.e. attached dwelling); Access to overnight accommodation units must be provided through a lobby and internal corridors; A reservation system shall be Attachment number 1 \nPage 5 of 21 Item # 9 6 required as an integral part of the use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated; and The books and records pertaining to use of each overnight accommodation unit shall be open for inspection by authorized representatives of the City, upon reasonable notice, in order to confirm compliance with these regulations as allowed by general law. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 53 units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, 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. Attachment number 1 \nPage 6 of 21 Item # 9 7 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. In the event that the Florida Legislature, Pinellas County, and/or the City of Clearwater enact a Mobility Fee requirement which supplements or supersedes the current Pinellas County countywide Traffic Impact Fee Ordinance, and the effective date of fee payment under said requirement occurs prior to issuance of Certificate of Occupancy, Developer shall pay the assessed amount under that Mobility Fee provision instead of, or in addition to, in accordance with that provision, the amount due under the current Ordinance. 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 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 Attachment number 1 \nPage 7 of 21 Item # 9 8 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: SEA CAPTAIN, A FLORIDA GENERAL PARTNERSHIP, DONALD F. EIFERT, PARTNER 526 Belle Isle Belleair Beach, FL With Copy to: FOWLER ASSOCIATES ARCHITECTS, INC 1421 Court Street, Suite D Clearwater, FL 33756 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. 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 Attachment number 1 \nPage 8 of 21 Item # 9 9 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. 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 Attachment number 1 \nPage 9 of 21 Item # 9 10 provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto 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. Attachment number 1 \nPage 10 of 21 Item # 9 11 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 and the Developer, so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: ______________________________ Print Name_____________________ ______________________________ By: ____ Print Name_____________________ Donald F. Eifert, As to “Developer” Developer CITY OF CLEARWATER, FLORIDA _______________________________ By: ____ Print Name:______________________ William B. Horne II, City Manager ________________________________ Print Name_______________________ As to “City” Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: Attachment number 1 \nPage 11 of 21 Item # 9 12 __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2013, 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 ____________________, 2013, 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 Attachment number 1 \nPage 12 of 21 Item # 9 13 EXHIBIT “A” Legal Description of Project Site UPLAND PARCEL The following is a description of the uplands lying between the existing seawall and the deed described boundary lines. Lots 1 and 2, A REPLAT OF BAYSIDE SUBDIVISION, as recorded in Plat Book 23, Pages 18 and 19, Public Records of Pinellas County, Florida. TOGETHER WITH a portion of Hamilton Drive right-of-way vacated per Resolution no. 67-94. AND Unplatted lands lying in Section 8, Township 29 South, Range 15 East, Pinellas County, Florida Described as follows: Begin at the Southwest corner of Water Lot 1, CITY PARK SUBDIVISION, as recorded in Plat Book 23, Page 37, Public Records of Pinellas County, Florida and run thence West along the East and West centerline of Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, 15.00 feet to the Easterly line of Coronado Drive; thence S.05º32'30”W., 116.26 feet to the Northerly line of First Avenue; thence S.84º27'30”E., 100.00 feet along the Northerly line of First Avenue and the Point of Beginning. Thence N.05º32'30”W., 178.84 feet to a point on the seawall, said point also being Point “A” for the submerged land description; thence running with the seawall the following courses: S.83º42'47”E., 78.40 feet; thence along the arc of a curve to the right having a radius of 159.25 feet, a delta of 36º34'54”, arc of 101.68 feet, chord of 99.96 feet, bearing S.65º25'20”E.; thence S.47º07'53”E., 12.96 feet; thence along a curve to the right having a radius of 116.10 feet, a delta of 16º50'13”, arc of 34.12 feet, chord of 33.99 feet, bearing S.38º42'46”E.; thence S30º17'39”E., 107.53 feet; thence along a curve to the right having a radius of 52.45 feet, a delta of 8º25'14”, arc of 7.71 feet, chord of 7.70 feet, bearing S.26º05'03”E. to the intersection of the South property line of said Lot 2; thence leaving said seawall, non tangent to the previous course, run along the South line of said Lot 2, N84º27'30”W. a distance 104.21 feet to a point; thence run S.70º27'50”W. a distance of 45.94 feet to a point of intersection with the Northerly right-of-way line of First Avenue; thence along said right-of-way line a distance of 128.00 feet, N.84º27'30”W. to the Point of Beginning. Attachment number 1 \nPage 13 of 21 Item # 9 14 EXHIBIT “B” Site and Building Plans Attachment number 1 \nPage 14 of 21 Item # 9 15 EXHIBIT “C” COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the _____ day of _________________, 20___, by Sea Captain, A Florida General Partnership, Donald F. Eifert, Partner ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of “Beach by Design,” a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-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 __________, passed and approved on ____________, 20___, 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: Attachment number 1 \nPage 15 of 21 Item # 9 16 2.1.1 A maximum of fifty three 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 32 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. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this _____ day of ______________, 2013. Attachment number 1 \nPage 16 of 21 Item # 9 17 In the Presence of: ______________________________ __________________________________ Print Name_____________________ _____________________________ ______________________________ Print Name_____________________ As to “Developer” CITY OF CLEARWATER, FLORIDA _______________________________ By: ____ Print Name:______________________ William B. Horne II, City Manager ________________________________ Print Name_______________________ As to “City” Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney Attachment number 1 \nPage 17 of 21 Item # 9 18 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2013, 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 ____________________, 2013, 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: Attachment number 1 \nPage 18 of 21 Item # 9 19 EXHIBIT “D” COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: __________________________________________ __________________________________________ _________________________________________ COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _____ day of _____________, 2013, by __________________________________("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 ___________, 20___ (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 ______________, 2013. Attachment number 1 \nPage 19 of 21 Item # 9 20 In the Presence of: ______________________________ __________________________________ Print Name_____________________ ______________________________ Print Name_____________________ As to “Developer” CITY OF CLEARWATER, FLORIDA _______________________________ By: ____ Print Name:______________________ William B. Horne II, City Manager ________________________________ Print Name_______________________ As to “City” Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of ______________, 2013, by ______________________________ He is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: Attachment number 1 \nPage 20 of 21 Item # 9 21 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2013, 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: g:\mcf\development agmt 03.07.13.doc Attachment number 1 \nPage 21 of 21 Item # 9 Resolution No. 13-06 RESOLUTION NO. 13-06 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND SEA CAPTAIN, A FLORIDA GENERAL PARTNERSHIP; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Sea Captain, a Florida General Partnership that was adopted by the City Council on January 13, 2011, by Resolution No. 11 -01; and, WHEREAS, it is desirable to amend said Development Agreement in order to extend the timeframe for construction and amend the quality requirements of the project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The First Amendment to the Development Agreement between the City of Clearwater and Sea Captain, a Florida General Partnership, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2013. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call City Attorney City Clerk Attachment number 2 \nPage 1 of 1 Item # 9 COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: May 21, 2013 AGENDA ITEM: E.2. (Related to D.7.) CASE: DVA2010-08001A (Related to FLD2013-02007) REQUEST: Review of, and recommendation to the City Council, of a Development Agreement between Sea Captain, a Florida General Partnership (the property owner) and the City of Clearwater, providing for the allocation of 53 units from the Hotel Density Reserve established in Beach by Design. GENERAL DATA: Agent……………………… Steve Fowler, Fowler Associates, Architects, Inc. Applicant / Owner.............. Sea Captain, a Florida General Partnership; Donald Eifert, Partner Location……..................... 40 Devon Drive; located on the north side of Devon Drive, approximately 150 feet east of Coronado Drive Property Size…................. 0.829 Acres Future Land Use Plan…… Resort Facilities High (RFH) Zoning…………………….. Tourist (T) District Special Area Plan.............. Small Motel District of Beach by Design Adjacent Zoning... North: Preservation (P) District South: Tourist (T) District/ Low Medium Density Residential (LMDR) East: Preservation (P) District West: Tourist (T) District Existing Land Use............. Overnight Accommodations Proposed Land Use……… Overnight Accommodations CORONADO DR CORONADO DR DE V O N D R DE V O N D R S GULFVIEW BLVD S GULFVIEW BLVD HAMDEN DR HAMDEN DR SECOND ST SECOND ST S GULFVIEW BLVD S GULFVIEW BLVD -Not to Scale--Not a Survey-Attachment number 3 \nPage 1 of 4 Item # 9 Community Development Board – May 21, 2013 DVA2010-08001A – Page 2 of 4 Level III Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION ANALYSIS: Site Location and Existing Conditions: The total 0.829 acre parcel is located on the north side of Devon Drive, approximately 150 feet east of Coronado Drive. The subject property is currently developed with a 27- room motel. Development Proposal: The development proposal before the Board was previously approved as part of DVA2010- 08001. Due to the requirements of the companion Flexible Development application (FLD2010-08004) not being completed, the proposal has been resubmitted as an amendment with no changes other than dates and references to the updated companion Flexible Development application (FLD2013-02007). The proposal includes the aforementioned companion FLD2013-02007 application to permit an overnight accommodation (hotel) use of a total of 85 rooms (128.98 rooms/acre on the acreage zoned Tourist (T) District, including the allocation of 53 units from the Hotel Density Reserve), approximately 7,986 square feet of accessory uses to the hotel and a height of 75.25 feet (to top of roof deck). This proposed hotel will have 93 parking spaces on three levels of parking. There are 10 existing boat slips accessory to the hotel. Development Agreement: The Development Agreement is a requirement for the allocation of hotel units from the Hotel Density Reserve, adopted as an amendment to Beach by Design under Ordinance 7925-08 on July 17, 2008. A total of 947 hotel rooms are available under the Hotel Density Reserve and this proposal requests the allocation of 53 units from it. The City has established the Development Agreement format as a means to facilitate the allocation of the units and to set forth appropriate provisions related to the development of the property. 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 53 units from the Hotel Density Reserve;  Requires the developer to obtain building permits and certificates of occupan cy 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; Attachment number 3 \nPage 2 of 4 Item # 9 Community Development Board – May 21, 2013 DVA2010-08001A – Page 3 of 4 Level III Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION  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 (CDB) has been provided with the most recent Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 4, 2013, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code (CDC), finds that there is substantial competent evidence to support the following findings of fact: 1. That the total 0.829 acre parcel is located on the north side of Devon Drive, approximately 150 feet east of Coronado Drive; 2. That the property is located within the Tourist (T) District (0.659 acre) and Low Medium Density Residential (LMDR) District (0.17 acre), and the Resort Facilities High (RFH) and Residential Urban (RU) Future Land Use Plan categories; 3. That the proposed hotel and its accessory uses are located solely within the area zoned Tourist (T) District (only the retention area is located with the area zoned Low Medium Density Residential [LMDR] District) and the calculations for density and impervious surface ratio are based upon only the land area zoned Tourist (T) District; and 4. That the development proposal is subject to the requirements of Beach by Design, the Design Guidelines contained therein as the proposed hotel is located totally within the Small Motel character district and the criteria for allocation of units from the Hotel Density Reserve. Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2013-02007); Attachment number 3 \nPage 3 of 4 Item # 9 Community Development Board – May 21, 2013 DVA2010-08001A – Page 4 of 4 Level III Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 2. That the Development Agreement complies with the standards and criteria of CDC Section 4-606; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; 4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the Small Motel character district; and 5. That the Development Agreement complies with the criteria in Beach by Design for the allocation of units from the Hotel Density Reserve. Based upon the above, the Planning and Development Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between Sea Captain, a Florida General Partnership (the property owner) and the City of Clearwater, providing for the allocation of 53 units from the Hotel Density Reserve established in Beach by Design, for the property at 40 Devon Drive. Prepared by Planning and Development Department Staff: __________________________________________ Matt Jackson, Planner III ATTACHMENTS:  Development Agreement with Exhibits  Photographs of Site and Vicinity Attachment number 3 \nPage 4 of 4 Item # 9 JULY 16, 2010 2010-63 565 SOUTH HERCULES AVENUE CLEARWATER, FL 33764 ph 727.822.4151 fax 727.821.7255 WWW.DEUELENGINEERING.COM CERTIFICATE OF AUTHORIZATION NUMBER 26320 LICENSED BUSINESS NUMBER 107 D euel ssociatesA CONSULTING ENGINEERS LAND SURVEYORS LAND PLANNERS & ´´ ´³´ ´ ´ ´´ ´ ´´ ´´ ´ ´ ´ ´ ´ ´³´ ´ ´´´ ´ ´´´ ´ ´ ´ ´Attachment number 4 \nPage 1 of 7 Item # 9 565 SOUTH HERCULES AVENUE CLEARWATER, FL 33764 ph 727.822.4151 fax 727.821.7255 WWW.DEUELENGINEERING.COM CERTIFICATE OF AUTHORIZATION NUMBER 26320 LICENSED BUSINESS NUMBER 107 D euel ssociatesA CONSULTING ENGINEERS LAND SURVEYORS LAND PLANNERS & ȭ Attachment number 4 \nPage 2 of 7 Item # 9 565 SOUTH HERCULES AVENUE CLEARWATER, FL 33764 ph 727.822.4151 fax 727.821.7255 WWW.DEUELENGINEERING.COM CERTIFICATE OF AUTHORIZATION NUMBER 26320 LICENSED BUSINESS NUMBER 107 D euel ssociatesA CONSULTING ENGINEERS LAND SURVEYORS LAND PLANNERS & ȭ Attachment number 4 \nPage 3 of 7 Item # 9 565 SOUTH HERCULES AVENUE CLEARWATER, FL 33764 ph 727.822.4151 fax 727.821.7255 WWW.DEUELENGINEERING.COM CERTIFICATE OF AUTHORIZATION NUMBER 26320 LICENSED BUSINESS NUMBER 107 D euel ssociatesA CONSULTING ENGINEERS LAND SURVEYORS LAND PLANNERS & ȭ Attachment number 4 \nPage 4 of 7 Item # 9 565 SOUTH HERCULES AVENUE CLEARWATER, FL 33764 ph 727.822.4151 fax 727.821.7255 WWW.DEUELENGINEERING.COM CERTIFICATE OF AUTHORIZATION NUMBER 26320 LICENSED BUSINESS NUMBER 107 D euel ssociatesA CONSULTING ENGINEERS LAND SURVEYORS LAND PLANNERS & ȭ Attachment number 4 \nPage 5 of 7 Item # 9 565 SOUTH HERCULES AVENUE CLEARWATER, FL 33764 ph 727.822.4151 fax 727.821.7255 WWW.DEUELENGINEERING.COM CERTIFICATE OF AUTHORIZATION NUMBER 26320 LICENSED BUSINESS NUMBER 107 D euel ssociatesA CONSULTING ENGINEERS LAND SURVEYORS LAND PLANNERS & Attachment number 4 \nPage 6 of 7 Item # 9 565 SOUTH HERCULES AVENUE CLEARWATER, FL 33764 ph 727.822.4151 fax 727.821.7255 WWW.DEUELENGINEERING.COM CERTIFICATE OF AUTHORIZATION NUMBER 26320 LICENSED BUSINESS NUMBER 107 D euel ssociatesA CONSULTING ENGINEERS LAND SURVEYORS LAND PLANNERS & Attachment number 4 \nPage 7 of 7 Item # 9 Attachment number 5 \nPage 1 of 5 Item # 9 Attachment number 5 \nPage 2 of 5 Item # 9 Attachment number 5 \nPage 3 of 5 Item # 9 Attachment number 5 \nPage 4 of 5 Item # 9 Attachment number 5 \nPage 5 of 5 Item # 9 40 Devon Drive Case DVA2010-08001A View looking north at the subject property. View looking NE at east side of subject property (east portion zoned LMDR District) View looking northwest at the subject property and the adjacent hotel. .View looking NW at accessory docks on north side of subject property (City Marina in background) View from the subject property looking southwest. View looking east of the subject property. Attachment number 6 \nPage 1 of 1 Item # 9 ^PROJECT SITE -Not to Scale--Not a Survey- LOCATION MAP Owner: Sea Captain, a Florida General Partnership, Donald Eifert, Partner Case: FLD2013-02007 DVA2013-02002 Site: 40 Devon Drive Property Size: 0.829 total acre (0.659 acre zoned Tourist) PIN: 08-29-15-00000-320-0300 Atlas Page: 276A Attachment number 7 \nPage 1 of 4 Item # 9 CORONADO DR CORONADO DR DEVON DR DEVON DR S GULFVIEW BLVD S GULFVIEW BLVD HAMDEN DR HAMDEN DR SECOND ST SECOND ST S GULFVIEW BLVD S GULFVIEW BLVD -Not to Scale--Not a Survey- AERIAL MAP Owner: Sea Captain, a Florida General Partnership, Donald Eifert, Partner Case: FLD2013-02007 DVA2013-02002 Site: 40 Devon Drive Property Size: 0.829 total acre (0.659 acre zoned Tourist) PIN: 08-29-15-00000-320-0300 Atlas Page: 276A Attachment number 7 \nPage 2 of 4 Item # 9 35 58.1 58.1 6060 35 6035 6060 70 5.2 0.81 755001337 A 1 44 45 46 47 90 91 92 93 48 49 50 51 94 95 96 97 98 99 100 102 52 53 54 55 101 30 8060 80 5980 59 5974 70 57.8106 60 15606 1 2 3 1111213 (14) (16) WATER LOT 1 GOVT LOT 3 GOVT LOT 4 SEE PLAT FOR DIMENSIONS*605050 5060 17550 04914 17568 B1 2 3 1 2 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 49 50 51 52 53 1 32/02 32/03 12 1 1 1 2 S. GULFVIEW BLVDCORONADO DR DEVON DR HAMDEN DR 719 83510 45255661 213 136140144129125121115119117109229 221 224 217 216 212 100 105 101 132134130128124120116112110100150207150113Traf 200PEDX 180 Adm.409437 131127225140Load109LoadC 209LDCTR160 Atta170 Rest-Not to Scale--Not a Survey- EXISTING SURROUNDING USE MAP Owner: Sea Captain, a Florida General Partnership, Donald Eifert, Partner Case: FLD2013-02007 DVA2013-02002 Site: 40 Devon Drive Property Size: 0.829 total acre (0.659 acre zoned Tourist) PIN: 08-29-15-00000-320-0300 Atlas Page: 276A Pier 60 Parking lot City Marina Vacant (approved Hotel) Overnight accommodations Vacant (approved Hotel) Vacant (approved Hotel) Overnight accommodations Overnight accommodations Overnight accommodations Detached dwellings Detached dwellings Detached dwellings Detached dwellings Attachment number 7 \nPage 3 of 4 Item # 9 S. GULFVIEW BLVDCORONADO DR DEVON DR HAMDEN DR S GULFVIEW BLVD SECOND ST P T I OS/R LMDR T T 71983510 45255661 213 136140144115119117109229 221 224 217 216 212 100 105 101 132134130128124120116112110100225 150207150113Traf140Load200PEDX 109LoadC 209LDCTR180 Adm.160 Atta170 RestOS/R 409437 131129125127121-Not to Scale--Not a Survey- ZONING MAP Owner: Sea Captain, a Florida General Partnership, Donald Eifert, Partner Case: FLD2013-02007 DVA2013-02002 Site: 40 Devon Drive Property Size: 0.829 total acre (0.659 acre zoned Tourist) PIN: 08-29-15-00000-320-0300 Atlas Page: 276A Attachment number 7 \nPage 4 of 4 Item # 9 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve a Development Agreement between Clearwater Grande Development, LLC (the property owner) and the City of Clearwater, providing for the allocation of 80 overnight accommodation units from the Hotel Density Reserve under Beach by Design; adopt Resolution 13-05, and authorize the appropriate officials to execute same. (DVA2013-03001) SUMMARY: The 1.437 acre-subject property is located on the south side of South Gulfview Boulevard, approximately 894 feet west of Gulf Boulevard. The subject property is currently developed with a 91-room hotel (Quality Inn) and its associated parking lot. The existing building is located on the east side of the site and oriented north/south. The property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category. The subject property is located in the Clearwater Pass character district of Beach by Design. The development proposal would retain the Quality Inn while redeveloping the existing parking area with a new 14-story, 90- room Hampton Inn and Suites. On March 22, 2005, the Community Development Board approved Case FLD2004-12088 for the Termination of Status of Nonconformity for density to retain the existing 91 overnight accommodationunits on the subject property. On May 21, 2013, the Community Development Board approved with 19 conditions a Flexible Development application to permit a 171-room overnight accommodation use (FLD2013-03011). As a part of this application, the owners are proposing to utilize the existing 91-rooms obtained through the Termination of Status of Nonconformity for density while requesting an additional 80 hotel rooms from the Hotel Density Reserve through Beach by Design, resulting in a total of 171 hotel rooms on the property. The proposal will reduce the number of rooms in the Quality Inn from 91 to 81 rooms by converting 16 standard rooms into eight suites, and two standard rooms into storage space. These ten reduced rooms will then be added to the overall number of hotel rooms for the proposed Hampton Inn and Suites (90 rooms). The Development Agreement proposes to allow 171 overnight accommodation units with a density of 118.99 rooms per acre on net lot acreage, which includes the allocation of 80 units from the Hotel Density Reserve on a lot of 62,620 square feet of lot area which is below the maximum density of 150 units per acre as set forth in Beach by Design special area plan. A total of 206 off- street parking spaces will be provided for the use of both hotels. The number of parking spaces complies with the development standard of 1.2 spaces per unit as set forth in the Community Development Code. The development proposal will not degrade the Level of Service (LOS D or better) on surrounding transportation facilities nor adversely affect the nearby signalized intersection, which is consistent with Metropolitan Planning Organizations concurrency management for transportation facilities. The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: · Provides for the allocation of 80 units from the Hotel Density Reserve; · 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 at its public hearing on May 21, 2013, and recommended approval. Review Approval:1) Official Records and Legislative Services Cover Memo Item # 10 Attachment number 1 \nPage 1 of 36 Item # 10 Attachment number 1 \nPage 2 of 36 Item # 10 Attachment number 1 \nPage 3 of 36 Item # 10 Attachment number 1 \nPage 4 of 36 Item # 10 Attachment number 1 \nPage 5 of 36 Item # 10 Attachment number 1 \nPage 6 of 36 Item # 10 Attachment number 1 \nPage 7 of 36 Item # 10 Attachment number 1 \nPage 8 of 36 Item # 10 Attachment number 1 \nPage 9 of 36 Item # 10 Attachment number 1 \nPage 10 of 36 Item # 10 Attachment number 1 \nPage 11 of 36 Item # 10 Attachment number 1 \nPage 12 of 36 Item # 10 Attachment number 1 \nPage 13 of 36 Item # 10 Attachment number 1 \nPage 14 of 36 Item # 10 Attachment number 1 \nPage 15 of 36 Item # 10 Attachment number 1 \nPage 16 of 36 Item # 10 Attachment number 1 \nPage 17 of 36 Item # 10 Attachment number 1 \nPage 18 of 36 Item # 10 Attachment number 1 \nPage 19 of 36 Item # 10 Attachment number 1 \nPage 20 of 36 Item # 10 Attachment number 1 \nPage 21 of 36 Item # 10 Attachment number 1 \nPage 22 of 36 Item # 10 Attachment number 1 \nPage 23 of 36 Item # 10 Attachment number 1 \nPage 24 of 36 Item # 10 Attachment number 1 \nPage 25 of 36 Item # 10 Attachment number 1 \nPage 26 of 36 Item # 10 Attachment number 1 \nPage 27 of 36 Item # 10 Attachment number 1 \nPage 28 of 36 Item # 10 Attachment number 1 \nPage 29 of 36 Item # 10 Attachment number 1 \nPage 30 of 36 Item # 10 Attachment number 1 \nPage 31 of 36 Item # 10 Attachment number 1 \nPage 32 of 36 Item # 10 Attachment number 1 \nPage 33 of 36 Item # 10 Attachment number 1 \nPage 34 of 36 Item # 10 Attachment number 1 \nPage 35 of 36 Item # 10 Attachment number 1 \nPage 36 of 36 Item # 10 Resolution No. 13-05 RESOLUTION NO. 13-05 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND CLEARWATER GRANDE HOLDINGS, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Clearwater Grande Holdings, LLC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Development Agreement between the City of Clearwater and Clearwater Grande Holdings, LLC, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2013. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call City Attorney City Clerk Attachment number 2 \nPage 1 of 1 Item # 10 F.1. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: May 21, 2013 AGENDA ITEM: F.1. CASE: DVA2013-03001 (Related to FLD2013-03011) REQUEST: Review, and recommendation to the City Council, of a Development Agreement between Clearwater Grande Development, LLC (the property owner) and the City of Clearwater, providing for the allocation of 80 units from the Hotel Density Reserve with a building height of 49.5 feet from base flood elevation (to roof for existing Quality Inn hotel); a building height of 134 feet (from base flood elevation to the roof slab) and 140.2 feet (from base flood elevation to mid-point of mansard roof for proposed Hampton Inn & Suites hotel) and an overall density of 118.99 overnight accommodation units/rooms per acre where 150 units per acre is allowable under Beach by Design. GENERAL DATA: Agent Northside Engineering Services, Inc. (Housh Ghovee and Renee Ruggiero) Applicant / Owner.............. Clearwater Grande Development, LLC Location..................... 655 South Gulfview Boulevard; located on the south side of South Gulfview Boulevard, approximately 894 feet west of Gulf Boulevard Property Size................. 1.437 Acres Future Land Use Plan Resort Facilities High (RFH) Zoning .. Tourist (T) District Special Area Plan.............. Beach by Design (Clearwater Pass District) Adjacent Zoning... North: Tourist (T) District South: Open Space/Recreation (OS/R) District East: Tourist (T) District West: Tourist (T) District Existing Land Use............. Overnight Accommodations Proposed Land Use Overnight Accommodations Attachment number 3 \nPage 1 of 8 Item # 10 Community Development Board –May 21, 2013 DVA2013-03001 – Page 2 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION CLEARWATER PASS BAYWAY BLVD BAYWAY BLVD S G U LFVIE W B LV D S G U LFVIE W B L V D PARKWAY DR PARKWAY DR Attachment number 3 \nPage 2 of 8 Item # 10 Community Development Board Level II Flexible Development Application Review ANALYSIS: Site Location and Existing Conditions: The 1.437 acre subject property is located on the south side of South Gulfview Boulevard approximately 894 feet west of Gulf Boulevard. The subject property developed as the parking lot for a 91 (Quality Inn). Site History: In 2005, the owner of the subject property proposed to demolish all existing site improvements which included the 91 room Quality Inn hotel to construct a new eleven story 91 room overnight accommodation. · On March 22, 2005, the Community Development Board (CDB) approved with 11 conditions Case No. 12088 for the (1) Termination of Status of Nonconformity for density to retain existing 91 overnight accommodation units (2) Flexible Development approval to permit a 91 room/unit overnight accommodation accessory restaurant with a reduction to the front (north) setback from 15 feet to one foot 9to dumpster staging area), a reduction to the rear (south) setback from 20 feet to zero feet (to pool deck) and to increase the building height from 35 feet to 100 feet (to roof deck), as a Comprehensive Infill Redevelopment Project. · On September 20, 2005, the Community Development Board (CDB) approved with 12 conditions Case No. Nonconformity for density (91 converted to 68 attached dwellings units, where a maximum of 43 dwelling units permitted under current Code); and (2) Flexible Development approval to permit 68 attached dwellings with a reduction to the side ( 6.3 feet (to sidewalk), a reduction to the side (west) setback from 10 feet to 6.8 feet (to sidewalk), reductions to the rear (south) setback from 20 feet to 18 feet (to building), from 20 feet to 17.6 feet (to open stairs) an Community Development Board –May 21, 2013 DVA2013-03001 – Page 1 Development Application Review PLANNING & DEVELOPMENT REVIEW DIVISION Site Location and Existing Conditions: subject property is located on the south side of South Gulfview Boulevard approximately 894 feet west of Gulf property is currently developed as the parking lot for a 91-unit hotel 2005, the owner of the subject property proposed to demolish all existing site improvements which included the 91 room Quality Inn hotel to construct a new eleven- story 91 room overnight accommodation. On March 22, 2005, the Community Development CDB) approved with 11 conditions Case No. FLD2004- 12088 for the (1) Termination of Status of Nonconformity for density to retain existing 91 accommodation n units (2) Flexible Development approval to permit a 91- room/unit overnight accommodation use with an accessory restaurant with a reduction to the front (north) setback from 15 feet to one- foot 9to dumpster staging area), a reduction to the rear (south) setback from 20 feet to zero feet (to pool deck) and to increase the building height feet to 100 feet (to roof deck), as a Comprehensive Infill Redevelopment On September 20, 2005, the Community Development Board (CDB) approved with 12 conditions Case No. FLD2005-07072 (1) Termination of Status of Nonconformity for density (91 existing overnight accommodation units to be converted to 68 attached dwellings units, where a maximum of 43 dwelling units permitted under current Code); and (2) Flexible Development approval to permit 68 attached dwellings with a reduction to the side (east) setback from 10 feet to 6.3 feet (to sidewalk), a reduction to the side (west) setback from 10 feet to 6.8 feet (to sidewalk), reductions to the rear (south) setback from 20 feet to 18 feet (to building), from 20 feet to 17.6 feet (to open stairs) and from 20 feet to 8.8 feet (to PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION setback from 20 feet to zero feet (to pool deck) and to increase the building height feet to 100 feet (to roof deck), as a Comprehensive Infill Redevelopment On September 20, 2005, the Community Development Board (CDB) approved (1) Termination of Status of existing overnight accommodation units to be converted to 68 attached dwellings units, where a maximum of 43 dwelling units permitted under current Code); and (2) Flexible Development approval to permit east) setback from 10 feet to 6.3 feet (to sidewalk), a reduction to the side (west) setback from 10 feet to 6.8 feet (to sidewalk), reductions to the rear (south) setback from 20 feet to 18 feet (to d from 20 feet to 8.8 feet (to Attachment number 3 \nPage 3 of 8 Item # 10 Community Development Board Level II Flexible Development Application Review pool deck), an increase to the building height from 35 feet to 99.5 feet (to roof deck) with an additional 11.5 feet for perimeter parapets (from roof deck) and an additional 16.67 feet for architectural embellishments (from deviation to allow the building within the sight visibility triangles and a deviation to allow direct access to an arterial street, as a Comprehensive Infill Redevelopment Project Each of the above site plan approvals have since expired. Termination of Status of Nonconformity request for density run with the land irrespective of the status of any associated site plan approvals. In other words, the density has been approved and no further request for that density is required however, the method (or means) of using that density has expired and must be resubmitted for approval. Development Proposal: Currently the existing 62,620 square feet of lot area (1.437 acres) subject property consists of a 91-unit Quality Inn hotel and its associated parking lot. The applicant proposes existing parking lot area to build a fourteen hotel (Hampton Inn & Suites) on the same lot with the existing Quality Inn hotel. This development agreemen companion Flexible Development appli (FLD2013-03011) to allow the Quality Inn to utilize 91-units previously obtained Termination of Nonconformity 2005 to build a fourteen- accommodation use (Hampton Inn & with 90 rooms, 206 off-street parking spaces located in a five-level garage, for a total of 171 reduce the number of hotel rooms in the Quality Inn hotel from 91 converting sixteen standard hotel rooms into eight suites and two standard rooms into storage space. The outstanding ten rooms will then be added to the overall number of hotel rooms for the proposed new 90-room overnight accommodation (Hampton Inn & Suites). result in a hotel with a density allocation of 80 units from the Hotel Density Reserve on a lot of which is below the maximum density of 150 units per acre set forth in area plan. A total of 206 parking spaces will be provided agreement between the two hotels. standards of 1.2 spaces per unit as set forth in the Community Development Agreement: On November 1, 2012, the owners of separating the existing hotel building record to allow for the development of a new mid Community Development Board –May 21, 2013 DVA2013-03001 – Page 2 Development Application Review PLANNING & DEVELOPMENT REVIEW DIVISION pool deck), an increase to the building height from 35 feet to 99.5 feet (to roof deck) with an additional 11.5 feet for perimeter parapets (from roof deck) and an additional 16.67 feet for architectural embellishments (from deviation to allow the building within the sight visibility triangles and a deviation to allow direct access to an arterial street, as a Comprehensive Infill Redevelopment Project. Each of the above site plan approvals have since expired. It is important to note that the Termination of Status of Nonconformity request for density run with the land irrespective of the status of any associated site plan approvals. In other words, the density has been approved and ensity is required however, the method (or means) of using that density has expired and must be resubmitted for approval. existing 62,620 square feet of lot ect property consists of a lity Inn hotel and its associated parking lot. The applicant proposes to utilize the existing parking lot area to build a fourteen-story hotel (Hampton Inn & Suites) on the same lot with the existing Quality Inn hotel. This development agreement includes a pment application 03011) to allow the Quality Inn to previously obtained through a Termination of Nonconformity for density in -story overnight (Hampton Inn & Suites) street parking spaces for a total of 171-units between the two hotels. The proposal is to reduce the number of hotel rooms in the Quality Inn hotel from 91-rooms to 81 teen standard hotel rooms into eight suites and two standard rooms into storage space. The outstanding ten rooms will then be added to the overall number of hotel rooms for room overnight accommodation (Hampton Inn & Suites). The propo nsity of 118.99 rooms per acre on net lot acreage units from the Hotel Density Reserve on a lot of 62,620 square feet of lot area density of 150 units per acre set forth in Beach by Design parking spaces will be provided through a shared parking and access two hotels. The number of parking spaces complies with the development as set forth in the Community Development Code. he owners of the property proposed to complete a minor lot adjustment hotel building (Quality Inn) from its parking lot to create two lots of record to allow for the development of a new mid-priced fifteen-story hotel (Hampton Inn & PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION pool deck), an increase to the building height from 35 feet to 99.5 feet (to roof deck) with an additional 11.5 feet for perimeter parapets (from roof deck) and an additional 16.67 feet for architectural embellishments (from roof deck), a deviation to allow the building within the sight visibility triangles and a deviation to allow direct access to an arterial street, as a Comprehensive Infill It is important to note that the Termination of Status of Nonconformity request for density run with the land irrespective of the status of any associated site plan approvals. In other words, the density has been approved and ensity is required however, the method (or means) of using that The proposal is to rooms to 81-rooms by teen standard hotel rooms into eight suites and two standard rooms into storage space. The outstanding ten rooms will then be added to the overall number of hotel rooms for The proposal will rooms per acre on net lot acreage, including the square feet of lot area Beach by Design special through a shared parking and access complies with the development Development Code. to complete a minor lot adjustment from its parking lot to create two lots of hotel (Hampton Inn & Attachment number 3 \nPage 4 of 8 Item # 10 Community Development Board –May 21, 2013 DVA2013-03001 – Page 3 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Suites) through two separate applications (FLD2012-11023 & FLD2012-11024) for a total of 207 hotel rooms between the two hotels through two separate development agreements (DVA2012-11001 & DVA2012-11002) with the City. Both Flexible Development applications were approved by the Community Development Board on January 15, 2013. At the same meeting, the Community Development Board also recommended approval of the Development Agreements to the City Council, but the Development Agreement was denied by the City Council on February 21, 2013. This development request proposes to maintain the existing Quality Inn hotel and build a new fourteen-story 90-room hotel (Hampton Inn & Suites) for a total of 171 hotel rooms on one lot. This request no longer includes a minor lot adjustment; rather, the owners propose to utilize the existing 91-rooms obtained through a Termination of Status as a Nonconformity for Density in 2005 while requesting 80 hotel rooms from the Hotel Density Reserve through Beach by Design. The new hotel will be built on the portion of the subject property that currently consists of the existing parking lot. To note for comparison purposes, there are a few significant architectural and design changes to the building under consideration from the hotel building that was approved by the CDB. The most obvious change is that the height of the building has been reduced from 150 feet to flat roof top to 134 feet to flat roof top. The reduction to the number of hotel rooms requested from the previous application (207 units) to the current request (171 units) has resulted in a fourteen-story building rather that a fifteen-story building. Another structural change is the reduced height of the east façade tower from 150 feet to 79.6 feet, also a result of a request for less hotel rooms. Less hotel rooms has resulted in a significant decrease in the approximate area of the hotel from 214,884 square feet to 184,131 square feet. Lastly, a design change implemented to the parking garage windows on the fourth and fifth levels shows that the windows have been increased in size to give the impression that the parking garage is four levels rather than five levels, a clever use of a simple architectural technique to visually minimize the height of the building. The Development Agreement is a requirement for the allocation of hotel units from the Hotel Density Reserve, adopted as an amendment to Beach by Design under Ordinance 7925-08 on July 17, 2008. A total of 1,385 hotel rooms were established under the Hotel Density Reserve where currently a total of 947 units are available within the density reserve; this development agreement proposal requests the allocation of 80 units from it. The City has established the criteria that shall be met to facilitate the allocation of the units. Such criteria includes that accessory uses shall be consistent with a hotel; that no hotel room can be converted to a residential use; that access to the hotel room must be through a lobby and internal corridors; that the hotel shall establish a reservation system with a lobby/front desk area; and that the development shall comply with the Metropolitan Planning Organizations (MPO) countywide approach to the application of the concurrency management for transportation facilities. The proposed redevelopment project meets the above criteria. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the aforementioned criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Attachment number 3 \nPage 5 of 8 Item # 10 Community Development Board –May 21, 2013 DVA2013-03001 – Page 4 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Provides for the allocation of 80 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 (CDB) has been provided with the most recent Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 4, 2013, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code (CDC), finds that there is substantial competent evidence to support the following findings of fact: 1. That the 1.437 acre subject property is located on the south side of South Gulfview Boulevard approximately 894 feet west of Gulf Boulevard; 2. That the property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; Attachment number 3 \nPage 6 of 8 Item # 10 Community Development Board –May 21, 2013 DVA2013-03001 – Page 5 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 3. That the applicants are requesting 80 units from the Hotel Density Reserve to allow for a total of 171 hotel room between the existing Quality Inn Hotel and the Hampton Inn & Suites; 4. That ten hotel rooms in the Quality Inn will be remodeled to hotel suites rather than standard hotel rooms for a total of 81 hotel rooms; 5. That the Hampton Inn & Suites hotel will have a total of 90 rooms; 6. The subject development proposal will be located on a parcel of land with a lot width of 247.98 feet (along South Gulfview Boulevard) and 62,620 square feet of lot area; 7. That the proposed density of 118.99 units per acre is below the maximum density of 150 units per acre set forth in Beach by Design special area plan; 8. That both hotels will have a reservation system with an internal lobby front desk area; 9. That all accessory uses are consistent with a typical mid-priced hotels; 10. That access to existing and proposed overnight accommodation units shall be provided through a lobby with internal corridors; 11. That the Traffic Engineering Department accepts the findings of the submitted Traffic Impact Study which indicates that the proposed redevelopment project will not degrade the Level of Service (LOS D or better) on surrounding transportation facilities nor adversely affect the nearby signalized intersections which is consistent with Metropolitan Planning Organizations concurrency management for transportation facilities; 12. That the development proposal is subject to the requirements of Beach by Design, the Design Guidelines contained therein as the property is located within the Clearwater Pass character district and the criteria for allocation of units from the Hotel Density Reserve. Conclusions of Law The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2013-03011); 2. That the Development Agreement complies with the standards and criteria of CDC Section 4-606; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; 4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the Clearwater Pass District; and 5. That the Development Agreement complies with the criteria in Beach by Design for the allocation of units from the Hotel Density Reserve. Based upon the above, the Planning and Development Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between Clearwater Grande Development, LLC and the City of Clearwater, providing for the allocation of 80 units from the Hotel Density Reserve under Beach by Design, for the property at 655 South Gulfview Boulevard. Prepared by Planning and Development Department Staff: Kevin W. Nurnberger, Planner III Attachment number 3 \nPage 7 of 8 Item # 10 Community Development Board –May 21, 2013 DVA2013-03001 – Page 6 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION ATTACHMENTS: Photographs of Site and Vicinity Attachment number 3 \nPage 8 of 8 Item # 10 Looking west at proposed location of Hampton Inn Looking south at subject property and adjacent Econo Lodge 655 South Gulfview Boulevard DVA2013-03001 Looking north across subject towards South GulfviewLooking northeast from rear of property at Quality .Looking west along South Gulfview from subject property. Looking east along S. Gulfview from subject property Attachment number 4 \nPage 1 of 1 Item # 10 Looking southeast at Quality Inn from S, Gulfview. Looking west at subject property along S. Gulfview. 655 South Gulfview Boulevard DVA2013-03001 Looking north across South Gulfview from subject property.Looking east from rear of subject property. .Looking west along South Gulfview from subject property.. Looking east along S. Gulfview from subject property Attachment number 5 \nPage 1 of 1 Item # 10 Attachment number 6 \nPage 1 of 1 Item # 10 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve amendments to the Community Development Code providing for a revised definition for family and a new definition for housekeeping unit, consistent with the terms of the conciliation/voluntary compliance agreement entered into by and between the United States Department of Housing and Urban Development and the City of Clearwater and pass Ordinance 8398-13 on first reading. (TA2013-03001) SUMMARY: On October 5, 2012, a complaint was filed against the City of Clearwater with the United States Department of Housing and Urban Development (HUD) alleging discrimination based on disability. In January 2013, the City and HUD (on behalf of the complainant) entered into a Conciliation Agreement, which is a voluntary and full settlement of the disputed complaint. Under the terms of this agreement, the City agreed to amend and/or add definitions for “family” and “housekeeping unit” within 180 days of the effective date of the agreement. Ordinance 8398-13 includes amendments to Section 8-102, Definitions, of the Community Development Code, consistent with the terms of the Conciliation Agreement. Modifications are included to the existing definition of family to provide further clarity, and a new definition for housekeeping unit is proposed. The new definition for housekeeping unit includes six situations that would exclude a group from being classified as a housekeeping unit, such as presence of interior doors with padlocks or keyed doorknobs limiting tenants’ access, or if members have separate leases or subleases and make separate payments to the landlord, if the group significantly reforms over the course of 12 months or during the lease term, or if members do not engage in group living activities such as shopping, cooking and eating. Any of these situations would create a presumption that the group is not a bona fide housekeeping unit. The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of May 21, 2013 and unanimously recommended approval of the amendment. Review Approval:1) Official Records and Legislative Services Cover Memo Item # 11 ORDINANCE NO. 8398-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION; AMENDING SECTION 8-102, DEFINITIONS, PROVIDING A REVISED DEFINITION FOR FAMILY AND A NEW DEFINITION FOR HOUSEKEEPING UNIT, CONSISTENT WITH THE TERMS OF THE CONCILIATION/ VOLUNTARY COMPLIANCE AGREEMENT ENTERED INTO BY AND BETWEEN THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE CITY OF CLEARWATER; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, complaints alleging discriminatory housing practices in the City of Clearwater were filed with the United States Department of Housing and Urban Development (HUD) for investigation and appropriate action; and WHEREAS, a Conciliation Agreement was entered into by and between HUD and the City of Clearwater; and WHEREAS, the City of Clearwater agreed to amend the Community Development Code to address requirements to amend its definitions section under the agreement section “Relief in the Public Interest”; and WHEREAS, the City of Clearwater has determined that in any event it is advisable to amend the Community Development Code in this respect in order to provide clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, of the Community Development Code, is hereby amended as follows: * * * * * * * * * * Family means one or more persons who jointly occupying and have equal access to areas of a residence and who function a dwelling unit and living as a single housekeeping unit. * * * * * * * * * * Housekeeping Unit means a group of individuals, whether or not related by blood, marriage, or civil union, who reside together as a family. Existence of one or more of the following shall create a rebuttable presumption that the group is not a bona fide housekeeping unit: i. Interior doors that contain padlocks or keyed doorknobs, which limits tenants’ use and access; ii. Members of the group have separate leases or sub leases and/or make separate payments to the landlord; Attachment number 1 \nPage 1 of 3 Item # 11 Ordinance No. 8398-13 Page 2 iii. The group significantly reforms over the course of a twelve (12) month period or during the lease term by losing and/or gaining two or more members. Additions can be made with landlord approval if member(s) abandon(s) property, tenants and landlords should verify rights under Florida Landlord Tenant Laws. iv. Residentially zoned property which provides living, sleeping and at least one meal to four or more unrelated individuals for periods of one week or longer, typically referred to as a boarding house. Such individuals do not have a lease agreement with the landlord for that property. Such individuals only obtain a license to use their rooms while landlord maintains right of access, and are typically referred to as boarders. Such uses are prohibited by this code. v. Residentially zoned property that provides living and sleeping for more than four unrelated individuals for periods of one week or longer, typically referred to as rooming house. Such individuals do not have a lease agreement with landlord for property. Such individuals only obtain a license to use their rooms while landlord maintains right of access, and are typically referred to as boarders. Such uses are prohibited by this code. vi. Members of this group do not engage in group living activities such as shopping, cooking, eating, and socializing. * * * * * * * * * * Section 2. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 3. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 4. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 5. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 6. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ George N. Cretekos Mayor Attachment number 1 \nPage 2 of 3 Item # 11 Ordinance No. 8398-13 Page 3 Approved as to form: Attest: ____________________________ ____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 3 of 3 Item # 11 Community Development Board – May 21, 2013 Revised for City Council Meeting June 19, 2013 TA2013-03001 – Page 1 BACKGROUND: On October 5, 2012, a complaint was filed against the City of Clearwater with the United States Department of Housing and Urban Development (HUD) alleging discrimination based on disability. In January 2013, the City and HUD (on behalf of the complainant) entered into a Conciliation Agreement, which is a voluntary and full settlement of the disputed complaint. Staff is proposing a text amendment to amend the definition for “family” and provide a new definition for “housekeeping unit” consistent with the terms of the Conciliation Agreement. ANALYSIS: Proposed Ordinance No. 8398-13 includes amendments to Section 8-102, Definitions, of the Community Development Code. As noted above, these amendments are stipulated within the Conciliation Agreement between the City and HUD. Although the Community Development Code already includes a definition for family, modifications are included to provide further clarity. Additionally, this definition references housekeeping unit which is not otherwise defined within the Code. A new definition for housekeeping unit is proposed, as defined within the Conciliation Agreement, which also includes six situations that would exclude a group from being classified as a housekeeping unit. For example, the presence of interior doors with padlocks or keyed doorknobs limiting tenants’ access would create a presumption that the group is not a bona fide housekeeping unit. Alternatively, if members have separate leases or subleases and make separate payments to the landlord, if the group significantly reforms over the course of 12 months or during the lease term, according to the provisions in the new definition, or if members do not engage in group living activities such as shopping, cooking and eating, it may be presumed that the group is not a bona fide housekeeping unit. The new definition for housekeeping unit also excludes residentially zoned properties acting as rooming or boarding houses (defined within) as these uses are prohibited within the Code. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: May 21, 2013 AGENDA ITEM: E. 3. CASE: TA2013-03001 ORDINANCE NO.: 8398-13 REQUEST: Amendments to the Community Development Code – Ordinance Number 8398-13 INITIATED BY: City of Clearwater, Planning and Development Department Attachment number 2 \nPage 1 of 3 Item # 11 Community Development Board – May 21, 2013 Revised for City Council Meeting June 19, 2013 TA2013-03001 – Page 2 Level III Text Amendment Review PLANNING & DEVELOPMENT DEPARTMENT CRITERIA FOR TEXT AMENDMENTS: Section 4-601, Community Development Code, sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goal and Policy which will be furthered by the proposed Code amendments: Goal C.1 An affordable variety of standard housing units in decent and safe neighborhoods to meet the needs of current and future residents regardless of race, nationality, age, marital status, handicap, or religion. Policy C.1.1.6 The City shall further fair housing so that a variety of housing choices are available to households without regard to religion, handicap, age, race, national origin, or marital status. The proposed amendments are intended to clarify certain definitions within the Community Development Code that are commonly referenced when determining whether activities within single-family residential districts are consistent with the defined uses of the district. As such, the above referenced elements of the Comprehensive Plan will be furthered. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). It is the further purpose of this Development Code to establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized (Section 1-103.E.8. CDC). The amendments proposed by this ordinance implement the Comprehensive Plan by providing clarity to the definition of family and creating the new definition of housekeeping unit, which, as outlined in the analysis above, are related to ensuring the City is furthering fair housing in the city. The amendments will also further the above referenced purposes by clarifying the existing rules of development because these definitions affect permitted uses in residentially zoning districts. Attachment number 2 \nPage 2 of 3 Item # 11 Community Development Board – May 21, 2013 Revised for City Council Meeting June 19, 2013 TA2013-03001 – Page 3 Level III Text Amendment Review PLANNING & DEVELOPMENT DEPARTMENT SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8398-13 that amends the Community Development Code. Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 8398-13 Resume Attachment number 2 \nPage 3 of 3 Item # 11 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve a Future Land Use Map Amendment from the Residential/Office Limited (R/OL) classification to the Institutional (I) classification and a Zoning Atlas Amendment from the Office (O) District to the Institutional (I) District for property located at 150 South McMullen Booth Road (consisting of a portion of the Northwest ¼ of Section 16, Township 29 South, Range 16 East); and pass Ordinances 8400-13 and 8401-13 on first reading. (LUP2013-02001 and REZ2013-02001) SUMMARY: This future land use map amendment and rezoning application involves a 3.61-acre parcel located on the west side of South McMullen Booth Road, approximately 100 feet south of Cherry Lane. The request is to change the property’s Future Land Use Map designation of Residential/Office Limited (R/OL) to Institutional (I) and the zoning district from Office (O) to Institutional (I). The parcel contains two buildings that currently contain publishing, office and educational facilities uses. The main building, which was constructed in 1986 and approximately 18,184 square feet, is used by Rue Educational Publishing as a mix of offices, classrooms and publishing space. The second building, which was added in 2010, is an approximately 1,440 square foot modular building used by Rue Educational as classroom space. In December 2012, the parcel was purchased by Calvary Baptist Church, which is located on the southwest corner of Drew Street and McMullen Booth Road. The church has been purchasing parcels adjacent to and in the vicinity of the subject property over the last several years in order to accommodate growth of the church, associated school campus and athletic facilities. Abutting properties to the north and west are owned by Calvary Baptist; the recently completed baseball field to the west included landscape improvements to the east side of the subject property. The existing publishing, office and educational facilities uses will continue to operate until June 30, 2013. Calvary Baptist Church plans to use the property as a center for its youth ministries with minimal changes to the site and buildings, except for interior renovations that may include removing some current walls to allow for a worship area. A development application has not been submitted at this time; however, the applicant has engaged a local architecture firm and understands all necessary permits must be obtained. The Planning and Development Department has determined that the proposed future land use mapamendment and zoning atlas amendment isconsistent with the Community Development Code as specified below: The proposed amendments are consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. The proposed amendments are compatible with the surrounding property and character of the neighborhood. Sufficient public facilities are available to serve the property. The proposed amendments will not have an adverse impact on the natural environment. The proposed amendments will not have an adverse impact on the use of property in the immediate area. The available uses in the Institutional (I) District are compatible with the surrounding area. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is not required. The Community Development Board will review these applications at its public hearing on June 18, 2013 and its recommendation will be presented by staff at the City Council meeting on June 19, 2013. Review Approval:1) Official Records and Legislative Services Cover Memo Item # 12 Ordinance No.8400 -13 ORDINANCE NO. 8400-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF SOUTH MCMULLEN BOOTH ROAD APPROXIMATELY 100 FEET SOUTH OF CHERRY LANE, CONSISTING OF A PORTION OF THE NORTHWEST ¼ OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, WHOSE POST OFFICE ADDRESS IS 150 SOUTH MCMULLEN BOOTH ROAD, FROM RESIDENTIAL/OFFICE LIMITED (R/OL), TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City’s comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See Exhibit “A” From: Residential/Office Limited (R/OL) (LUP2013-02001) To: Institutional (I) 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, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED Attachment number 1 \nPage 1 of 7 Item # 12 Ordinance No.8400 -13 ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ___________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 7 Item # 12 Exhibit A The East ½ of the Southwest ¼ of the Northwest ¼, LESS the South 5 acres and LESS BAYVIEW TERRACE SUBDIVISION, as recorded in Plat Book 12, Page 63, Public Records of Pinellas County, Florida, AND the south 10 feet of the South ½ of the Southeast ¼ of the Northwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. LESS the following 4 parcels: Parcel 1: The West 117 feet of the East 150 feet of the East ½ of the Southwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, LESS the South 5 acres and LESS BAYVIEW TERRACE SUBDIVISION, as recorded in Plat Book 12, Page 63, Public Records of Pinellas County, Florida. Parcel 2: The East 150 feet of the South 10 feet of the South ½ of the Southeast ¼ of the Northwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. Parcel 3: The West 12 feet of the East 162 feet of the East ½ of the Southwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, LESS the South 5 acres and LESS BAYVIEW TERRACE SUBDIVISION, as recorded in Plat Book 12, Page 63, Public Records of Pinellas County, Florida. Parcel 4: The West 12 feet of the East 162 feet of the South 10 feet of the South ½ of the Southeast ¼ of the Northwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. Attachment number 1 \nPage 3 of 7 Item # 12 Exhibit B BAY STI I I I I I I I RU I I I RU I I I RU RMRU RU RLM RU RU RURU R/OL T/U CGRURU McMULLEN-BOOTH RD MEADOW LARK LN CHERRY LN VIRGINIA AVE CLEVELAND ST EASTWOOD DR KENTUCKY AVE TENNESSEE AVE 2510 13 200 307 309 109 309 224 200 210 120 130 112 300 201 225 227 201 205308030783054307530873012300830113035 3021301330253009300730333081308530763043305330613065304730393103310130653044303630323040310731013106305930533049304231003024301230283048109-B 120Camr 19 150 220 123 2073009303130073017304330423035310130603008-Not to Scale--Not a Survey- FUTURE LAND USE MAP Owner: First Baptist Church of Clearwater, Inc. Case: LUP2013-02001 REZ2013-02001 Site: 150 S. McMullen Booth Road Property Size(Acres): 3.61 Land Use Zoning PIN: 16-29-16-00000-230-0100 From : To: R/OL O I I Atlas Page: 292A I Attachment number 1 \nPage 4 of 7 Item # 12 Ordinance No. 8401-13 ORDINANCE NO. 8401-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF SOUTH MCMULLEN BOOTH ROAD APPROXIMATELY 100 FEET SOUTH OF CHERRY LANE, CONSISTING OF A PORTION OF THE NORTHWEST ¼ OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, WHOSE POST OFFICE ADDRESS IS 150 SOUTH MCMULLEN BOOTH ROAD, FROM OFFICE (O), TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See Exhibit “A” From: Office (O) (REZ2013-02001) To: Institutional (I) 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, subject to the approval of the land use designation set forth in Ordinance 8400-13 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL _____________________________ READING AND ADOPTED ___________________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________ ___________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 5 of 7 Item # 12 Exhibit A The East ½ of the Southwest ¼ of the Northwest ¼, LESS the South 5 acres and LESS BAYVIEW TERRACE SUBDIVISION, as recorded in Plat Book 12, Page 63, Public Records of Pinellas County, Florida, AND the south 10 feet of the South ½ of the Southeast ¼ of the Northwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. LESS the following 4 parcels: Parcel 1: The West 117 feet of the East 150 feet of the East ½ of the Southwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, LESS the South 5 acres and LESS BAYVIEW TERRACE SUBDIVISION, as recorded in Plat Book 12, Page 63, Public Records of Pinellas County, Florida. Parcel 2: The East 150 feet of the South 10 feet of the South ½ of the Southeast ¼ of the Northwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. Parcel 3: The West 12 feet of the East 162 feet of the East ½ of the Southwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, LESS the South 5 acres and LESS BAYVIEW TERRACE SUBDIVISION, as recorded in Plat Book 12, Page 63, Public Records of Pinellas County, Florida. Parcel 4: The West 12 feet of the East 162 feet of the South 10 feet of the South ½ of the Southeast ¼ of the Northwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. Attachment number 1 \nPage 6 of 7 Item # 12 Exhibit B BAY STMcMULLEN-BOOTH RD MEADOW LARK LN CHERRY LN VIRGINIA AVE CLEVELAND ST EASTWOOD DR KENTUCKY AVE TENNESSEE AVE I O LMDR I LMDR MDR LMDR MHP C LMDR LMDR 19 2510 13 200 109 224 220 200 210 120 130 112 300 201 225 227 201 308030783054301230083009301130313035301730133043302530093007303330813085307630433053306130653047303931033101306530443036303230403101310731013059305330493042302430123060300830283048109-B 120Camr 150 307 309 309 123 207 20530753087 302130073042303531063100-Not to Scale--Not a Survey- ZONING MAP Owner: First Baptist Church of Clearwater, Inc. Case: LUP2013-02001 REZ2013-02001 Site: 150 S. McMullen Booth Road Property Size(Acres): 3.61 Land Use Zoning PIN: 16-29-16-00000-230-0100 From : To: R/OL O I I Atlas Page: 292A I Attachment number 1 \nPage 7 of 7 Item # 12 F.3. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: May 21, 2013 AGENDA ITEM: F.3. CASE: LUP2013-02001 REQUEST: To amend the present Future Land Use Map designation from Residential/Office Limited (R/OL) to Institutional (I). GENERAL DATA: Agent……………………… Brian J. Aungst, Jr., Macfarlane Ferguson & McMullen, P.A. Applicant / Owner.............. First Baptist Church of Clearwater a/k/a Calvary Baptist Church Location……..................... 150 McMullen Booth Road, located on the west side of McMullen Booth Road approximately 100 feet south of Cherry Lane. Property Size…................. 3.61 acres ANALYSIS: Site Location and Existing Conditions: This case involves a 3.61-acre property located on the west side of McMullen Booth Road south of Cherry Lane. The property is comprised of one parcel, which contains two buildings that function with publishing, office and educational facilities uses on the property. The main building, which was constructed in 1986 and is approximately 18,184 square feet, is used by Rue Educational Publishing as a mix of offices, classrooms and publishing space. The second building, which was added in 2010, is an approximately 1,440 square foot modular building used by Rue Educational as classroom space. This development was approved through the Flexible Standard Development (FLS) application process in 2009 (FLS2009-08013). In December 2012 the parcel was purchased by Calvary Baptist Church, which is located on the southwest corner of Drew Street and McMullen Booth Road. The church has been purchasing parcels adjacent to and in the vicinity of the subject property over the last several years in order to accommodate growth of the church, associated school campus and athletic facilities. Abutting properties to the north and west are owned by Calvary Baptist; the recently completed baseball field to the west included landscape improvements to the east side of the subject property. The subject property will function with the existing publishing, office and educational facilities uses until June 30, 2013. Request: The request is to change the property’s Future Land Use Map designation of Residential/Office Limited (R/OL) to Institutional (I). A request for a rezoning of the property from Office (O) to Institutional (I) is being processed concurrently with this case (see REZ2013-02001). Attachment number 2 \nPage 1 of 17 Item # 12 Community Development Board – May 21, 2013 LUP2013-02001- Page 2 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Calvary Baptist Church plans to use the property as a center for its youth ministries with minimal changes to the site and buildings, except for interior renovations that may include removing some current walls to allow for a worship area. A development application has not been submitted at this time; however, the applicant has engaged a local architecture firm and understands all necessary permits must be obtained. Vicinity Characteristics: Adjacent to the property, to the north, are single family homes and a vacant lot, to the south is a social center, to the west is a recently completed baseball field used by Calvary High School and to the east, across McMullen Booth Road, are a single family home and a mobile home park. Approximately 1,015 linear feet, or 62 percent of the perimeter property boundary, abuts properties with a Future Land Use classification of Institutional (I). The remainder abuts properties with Residential Urban (RU) and Residential Low Medium (RLM) Future Land Use classifications (see Figure 1 below). Figure 1 A complete listing of the surrounding land uses, Future Land Use Map designations and Zoning Atlas designations are shown in Table 1 below. In addition, a comparison between the uses and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 2. 62% 26% 12% Abutting Future Land Use Designations Institutional (I) Residential Urban (RU) Residential Low Medium (RLM) Attachment number 2 \nPage 2 of 17 Item # 12 Community Development Board – May 21, 2013 LUP2013-02001- Page 3 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 1. Surrounding Future Land Use and Zoning Designations Existing Conditions Existing Use(s) FLUM Designation Zoning Atlas Designation Direction North: Single Family Homes, Vacant Calvary Baptist Church Owned Property Residential Urban (RU), Institutional (I) Low Medium Density Residential (LMDR), R-2 (County), Institutional (I) East: Single Family Home, Mobile Home Park Residential Urban (RU), Residential Low Medium (RLM) Low Medium Density Residential (LMDR), Mobile Home Park (MHP) South: Social Center Institutional (I) Institutional (I) West: Baseball Field Owned by Calvary Baptist Church Institutional (I) Institutional (I) Table 2. Uses and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Residential/Office Limited (R/OL) Requested FLUM Designation Institutional (I) Primary Uses: Low Density Residential; Office Public/Private Schools; Churches; Public Offices; Hospitals Maximum Density: 7.5 Dwelling Units Per Acre 12.5 Dwelling Units Per Acre Maximum Intensity: FAR 0.40; ISR 0.75 FAR 0.65; ISR 0.85 Consistent Zoning Districts: Office (O); Low Medium Density Residential (LMDR) Institutional (I) REVIEW CRITERIA: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards as per Section 4-603.F: Table 3. Consistency with Community Development Code Standards CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the property. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of property in the immediate area. X Attachment number 2 \nPage 3 of 17 Item # 12 Community Development Board – May 21, 2013 LUP2013-02001- Page 4 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of Future Land Use categories shall be provided to accommodate public demand and promote infill development. Goal A.4 The City shall not permit development to occur unless an adequate level of service is available to accommodate the impacts of development. Areas in which the impact of existing development exceeds the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element. Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. Objective B.1.4 The City shall specifically consider the existing and planned LOS the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the following. The proposed integration of the property into the larger church campus is compatible with the mix of uses in the area and consolidates Calvary Baptist’s property holdings into the appropriate future land use category. When a site plan is submitted, the Community Development Code will be used to ensure compatibility with the remaining residential properties to the north. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Consistency with the Countywide Plan Rules Recommended Findings of Fact: Section 2.3.3.7.3 of the Countywide Plan Rules states that the purpose of the Institutional (I) future land use classification is to depict those areas of the county that are now used, or appropriate to be used, for public/semi-public institutional purposes; and to recognize such areas consistent with the need, character and scale of the institutional use relative to surrounding uses, transportation facilities, and natural resource features. Section 2.3.3.7.3 also states that the Institutional (I) future land use classification is generally appropriate to those locations where educational, health, public safety, civic, religious and like institutional uses are required to serve the community; and to recognize the special needs of these uses relative to their relationship with surrounding uses and transportation access. Attachment number 2 \nPage 4 of 17 Item # 12 Community Development Board – May 21, 2013 LUP2013-02001- Page 5 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION The subject property is located adjacent to Institutional (I) property owned by the same institution (Calvary Baptist Church) which is on the southwest corner of Drew Street and McMullen Booth Road, both signalized arterial roads, in an area that contains a mix of residential, institutional, and office uses. Future use of the subject property as a center for its youth ministries is consistent with the purposes of the Institutional (I) future land use category and compatible with surrounding properties and the neighborhood. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose and locational characteristics of the Countywide Plan Rules. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consist of single family homes, institutional property owned by the applicant, the Italian American Club of Greater Clearwater, and a mobile home park. The future land use designations of surrounding properties include Residential Urban (RU), Institutional (I) and Residential Low Medium (RLM). The proposed integration of the subject property into the larger church campus for use as a center for its youth ministries is compatible with the surrounding properties and neighborhood. The proposed Institutional (I) future land use designation permits 12.5 dwelling units per acre and a floor area ratio (FAR) of 0.65. The future land use designations of surrounding properties include Residential Urban (RU) (7.5 dwelling units per acre; FAR 0.40), Institutional (I) and Residential Low Medium (RLM) (10 dwelling units per acre; FAR 0.50). Recommended Conclusions of Law: The Institutional (I) future land use classification requested is consistent with the surrounding future land use classifications that exist in the vicinity of the subject property. The proposed future land use designation will allow the development of institutional facilities at a density and scale that is consistent with existing institutional and residential uses in the vicinity of the subject property. As such, the proposed amendment will allow development that is in character with the surrounding area. The proposed Institutional (I) future land use designation is in character with the overall Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested Future Land Use Map designations was analyzed (see Table 4). The request for amendment to the Institutional (I) Future Land Use Map category would increase the amount of development potential allowed on the site (see Table 4 below). Attachment number 2 \nPage 5 of 17 Item # 12 Community Development Board – May 21, 2013 LUP2013-02001- Page 6 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 4. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “R/OL” Requested FLUM Designation “I” Net Change Site Area 3.61 AC (157,251SF) 3.61 AC (157,251SF) Maximum Development Potential 27 DUs 62,901 SF 0.40 FAR 45 DUs 102,213 SF 0.65 FAR 18 DUs 39,312 SF 0.25 FAR Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in Table 5 below, the proposed change will not degrade public facilities and services below acceptable levels. Table 5. Public Facilities Level of Service Analysis Maximum Potential Impact to Public Facilities/Services Net Change Capacity Available? Public Facility/Service Present FLUM Designation “R/OL” Requested FLUM Designation “I” Streets 451 Trips1 375 Trips1 -76 Yes Potable Water 6,290 GPD2 10,221 GPD2 3,931 Yes Wastewater 5,032 GPD2 8,177 GPD2 3,145 Yes Solid Waste 141.5 Tons/Year 50.3 Tons/Year -91.2 Yes Parkland 0.0 Acres3 0.0 Acres3 0 Yes Notes: 1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules. • Residential/Office Limited (R/OL) – 125 vehicle trips per day per acre. • Institutional (I), Religious/Civic Facilities – 104 vehicle trips per day per acre. 2. GPD – Gallons per day. 3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit. As shown in Table 6 below, there is a potential reduction in maximum daily trips associated with the request for amendment to the Institutional (I) Future Land Use designation, which therefore would not impact the operating level of service for McMullen Booth Road. The change from the Residential/Office Limited (R/OL) classification to the Institutional (I) classification with a Religious/Civic Facilities use would have the potential to decrease PM Peak Hour trips. The segment of McMullen Booth Road is currently operating at a Level of Service F, which is below the adopted roadway level of service standard. McMullen Booth Road is listed as a constrained facility by the Pinellas County Metropolitan Planning Organization (MPO), which means that it cannot be expanded as necessary to alleviate a substandard level of service condition due to a policy or physical constraint. The potential reduction of 7 PM Peak Hour trips on the roadway will neither increase nor decrease the level of service of this segment of McMullen Booth Road. Attachment number 2 \nPage 6 of 17 Item # 12 Community Development Board – May 21, 2013 LUP2013-02001- Page 7 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 6. Maximum Potential Traffic McMullen Booth Road (Gulf to Bay Blvd. to Sunset Point Rd) Existing Conditions Current FLUM1 Proposed FLUM2 Net New Trips Potential Additional Maximum Daily Trips N/A 451 376 -76 Potential Additional Maximum PM Peak HourTrips3 N/A 43 36 -7 Roadway Volume (Annual Average Daily) 58,6974 59,148 59,072 -76 Roadway Volume (PM Peak Hour)3 3,067 3,110 3,103 -7 Roadway Level of Service PM Peak Hour F4 F5 F5 Adopted Roadway Level of Service Standard D Peak Hour Abbreviations and Notes: N/A = Not Applicable. FLUM = Future Land Use Map, Clearwater Comprehensive Plan. 1. Based on PPC calculations of 125 trips per day per acre in the Residential/Office Limited (R/OL) future land use category. 2. Based on PPC calculations of 104 trips per day per acre in the Institutional (I) future land use category, Religious/Civic Facilities use. 3. Based on MPO K-factor of 0.095. 4. Source: Pinellas County Metropolitan Planning Organization 2012 Level of Service Report. 5. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2012 Level of Service Report and the 2009 Florida Department of Transportation Quality/Level of Service Handbook. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on McMullen Booth Road. There is an increase in demand for potable water and generation of wastewater, but there is adequate capacity to accommodate the maximum demand generated by the proposed amendment. There is a decrease in solid waste generated by the proposed amendment. Furthermore, parkland and recreation facilities will not be affected by the proposed amendment. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The property is intended to be used by the applicant with few, if any, alterations to the site. There are trees and landscaping on site. Recommended Conclusions of Law: Based on current information, no wetlands appear to be located on the subject property. The intent of the applicant is to use the property as a center for its youth ministries with minimal changes to the site and buildings, except for interior renovations. Any proposed redevelopment is required to be compliant with the City’s tree preservation, landscaping and storm water management requirements. REVIEW PROCEDURE: Approval of the Future Land Use Map amendment does not guarantee the right to develop the subject property. The Future Land Use Map amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel, review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is not required. The property owner must comply with all laws and ordinances in effect at the time development permits are Attachment number 2 \nPage 7 of 17 Item # 12 Community Development Board – May 21, 2013 LUP2013-02001- Page 8 of 8 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION requested, including transportation concurrency provisions of the Concurrency Management System in Division 9, Community Development Code. RECOMMENDATION: Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the request for Future Land Use Map amendment from the Residential/Office Limited (R/OL) classification to the Institutional (I) classification. Prepared by Planning and Development Department Staff: Catherine Lee, AICP Planner III ATTACHMENTS: Resume Photographs of Site and Vicinity Attachment number 2 \nPage 8 of 17 Item # 12 F.4. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: May 21, 2013 AGENDA ITEM: F.4. CASE: REZ2013-02001 REQUEST: To amend the present Zoning Atlas designation from Office (O) to Institutional (I). GENERAL DATA: Agent……………………… Brian J. Aungst, Jr., Macfarlane Ferguson & McMullen, P.A. Applicant / Owner.............. First Baptist Church of Clearwater a/k/a Calvary Baptist Church Location……..................... 150 McMullen Booth Road, located on the west side of McMullen Booth Road approximately 100 feet south of Cherry Lane. Property Size…................. 3.61 acres ANALYSIS: Site Location and Existing Conditions: This case involves a 3.61-acre property located on the west side of McMullen Booth Road south of Cherry Lane. The property is comprised of one parcel, which contains two buildings that function with publishing, office and educational facilities uses on the property. The main building, which was constructed in 1986 and is approximately 18,184 square feet, is used by Rue Educational Publishing as a mix of offices, classrooms and publishing space. The second building, which was added in 2010, is an approximately 1,440 square foot modular building used by Rue Educational as classroom space. This development was approved through the Flexible Standard Development (FLS) application process in 2009 (FLS2009-08013). In December 2012 the parcel was purchased by Calvary Baptist Church, which is located on the southwest corner of Drew Street and McMullen Booth Road. The church has been purchasing parcels adjacent to and in the vicinity of the subject property over the last several years in order to accommodate growth of the church, associated school campus and athletic facilities. Abutting properties to the north and west are owned by Calvary Baptist; the recently completed baseball field to the west included landscape improvements to the east side of the subject property. The subject property will function with the existing publishing, office and educational facilities uses until June 30, 2013. Request: The request is to change the property’s Zoning Atlas designation of Office (O) to Institutional (I). A request for a future land use amendment of the property from Residential/Office Limited (R/OL) to Institutional (I) is being processed concurrently with this case (see LUP2013-02001). Attachment number 2 \nPage 9 of 17 Item # 12 Community Development Board – May 21, 2013 REZ2013-02001- Page 2 of 8 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Calvary Baptist Church plans to use the property as a center for its youth ministries with minimal changes to the site and buildings, except for interior renovations that may include removing some current walls to allow for a worship area. A development application has not been submitted at this time; however, the applicant has engaged a local architecture firm and understands all necessary permits must be obtained. Vicinity Characteristics: Adjacent to the property, to the north, are single family homes and a vacant lot, to the south is a social center, to the west is a recently completed baseball field and to the east, across McMullen Booth Road are a single family home and a mobile home park. Approximately 1,015 linear feet, or 62 percent of the perimeter property boundary, abuts properties with a Zoning Atlas designation of Institutional (I). The remainder abuts properties with Low Medium Density Residential (LMDR), R-2, Single Family Residential (Pinellas County) and Mobile Home Park (MHP) Zoning Atlas designations (see Figure 1 below). Figure 1 A complete listing of the surrounding land uses, Future Land Use Map designations and Zoning Atlas designations are shown in Table 1 below. 62% 14% 12% 12% Abutting Zoning Atlas Designations Institutional (I) Low Medium Density Residential (LMDR) R-2, Single Family Residential (Pinellas County) Mobile Home Park (MHP) Attachment number 2 \nPage 10 of 17 Item # 12 Community Development Board – May 21, 2013 REZ2013-02001- Page 3 of 8 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 1. Surrounding Future Land Use and Zoning Designations Existing Conditions Land Use FLUM Designation Zoning Atlas Designation Direction North: Single Family Homes, Vacant Calvary Baptist Church Owned Property Residential Urban (RU), Institutional (I) Low Medium Density Residential (LMDR), R-2 (County), Institutional (I) East: Single Family Home, Mobile Home Park Residential Urban (RU), Residential Low Medium (RLM) Low Medium Density Residential (LMDR), Mobile Home Park (MHP) South: Social Center Institutional (I) Institutional (I) West: Baseball Field Owned by Calvary Baptist Church Institutional (I) Institutional (I) REVIEW CRITERIA: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards as per Section 4-602.F, CDC: Table 2. Consistency with Community Development Code Standards CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. X RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: Consistency of Development with the Clearwater Comprehensive Plan and Community Development Code and City Regulations [Section 4-602.F.1] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Attachment number 2 \nPage 11 of 17 Item # 12 Community Development Board – May 21, 2013 REZ2013-02001- Page 4 of 8 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Goal A.4 The City shall not permit development to occur unless an adequate level of service is available to accommodate the impacts of development. Areas in which the impact of existing development exceeds the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element. Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. Objective B.1.4 The City shall specifically consider the existing and planned LOS the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the following. The proposed integration of the property into the larger church campus is compatible with the mix of uses in the area. When a site plan is submitted, the Community Development Code will be used to ensure compatibility with the remaining residential properties to the north. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consist of single family homes, institutional property owned by the applicant, the Italian American Club of Greater Clearwater, and a mobile home park. The future land use designations of surrounding properties include Residential Urban (RU), Institutional (I) and Residential Low Medium (RLM). The proposed integration of the subject property into the larger church campus for use as a center for its youth ministries is compatible with the surrounding properties and neighborhood. The proposed Institutional (I) District primarily permits government uses, educational facilities, hospitals, nursing homes, places of worship, and schools. The intent of the Institutional (I) District is to establish areas where public and private organizations can establish and operate institutions with a public interest without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the city. The proposed Zoning Atlas designation will allow the property owned by Calvary Baptist Church to be incorporated into the larger church campus and to serve as a center for its youth ministries. As such, the proposed amendment will allow development that is in character with the surrounding area. Attachment number 2 \nPage 12 of 17 Item # 12 Community Development Board – May 21, 2013 REZ2013-02001- Page 5 of 8 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Recommended Conclusions of Law: The proposed Zoning Atlas designation is in character with the overall Zoning Atlas designations in the area. Further, the proposal is compatible and consistent with the uses and character of the surrounding properties and neighborhood in the vicinity of the subject property. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested Future Land Use Map and Zoning designations were analyzed (see Table 3). Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for purposes of this analysis sufficiency of public facilities is based on the future land use map designation. The request for amendment to the Institutional (I) Future Land Use Map category would increase the amount of development potential allowed on the site (see Table 3 below). Table 3. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “R/OL” Requested FLUM Designation “I” Net Change Site Area 3.61 AC (157,251SF) 3.61 AC (157,251SF) Maximum Development Potential 27 DUs 62,901 SF 0.40 FAR 45 DUs 102,213 SF 0.65 FAR 18 DUs 39,312 SF 0.25 FAR Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet The proposed change in designation would allow an increase in the allowable floor area ratio (FAR) and thus an increase in square footage. The current Residential Urban (R/OL) District primarily permits low density residential and office uses. The proposed Institutional (I) District primarily permits school, church, government and hospital uses. As shown in Table 4, the proposed change will not degrade public facilities and services below acceptable levels. Attachment number 2 \nPage 13 of 17 Item # 12 Community Development Board – May 21, 2013 REZ2013-02001- Page 6 of 8 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 4. Public Facilities Level of Service Analysis Maximum Potential Impact to Public Facilities/Services Net Change Capacity Available? Public Facility/Service Present FLUM Designation “R/OL” Requested FLUM Designation “I” Streets 451 Trips1 375 Trips1 -76 Yes Potable Water 6,290 GPD2 10,221 GPD2 3,931 Yes Wastewater 5,032 GPD2 8,177 GPD2 3,145 Yes Solid Waste 141.5 Tons/Year 50.3 Tons/Year -91.2 Yes Parkland 0.0 Acres3 0.0 Acres3 0 Yes Notes: 1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules. • Residential/Office Limited (R/OL) – 125 vehicle trips per day per acre. • Institutional (I), Religious/Civic Facilities – 104 vehicle trips per day per acre. 2. GPD – Gallons per day. 3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit. The Trip Generation Comparison by Zoning Atlas Designation in Table 5 below indicates the estimated trip generation for specific uses allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer’s (ITE) Trip Generation 9th Edition. The table shows an increase in PM Peak Trips when comparing the existing uses to the maximum development potential of the proposed Place of Worship use. However, when comparing the existing maximum development potential to the proposed maximum development potential, the table shows a decrease in PM Peak Trips. Materials submitted by the applicant indicate that the site will only experience significant use on Wednesdays and Sundays when youth worship services and associated activities are anticipated to take place. Attachment number 2 \nPage 14 of 17 Item # 12 Community Development Board – May 21, 2013 REZ2013-02001- Page 7 of 8 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 5. Trip Generation Comparison by Zoning Atlas Designation Land Use Development Potential Avg. Daily Trips Net Change Avg Daily Trips PM Peak Trips Avg Rate PM Peak Trips Net Change PM Peak Trips Existing Designation: Office District Existing General Light Industrial1 (6.97 trips/1,000 SF GFA) 6,291SF6 44 N/A 0.97 6 N/A Existing Junior/Community College2 (27.49 trips/1,000 SF GFA) 6,797 SF7 187 N/A 2.54 17 N/A Existing Single Tenant Office Building3 (11.65 trips/1,000 SF GFA) 9,482 SF8 110 N/A 1.74 17 N/A General Office Building4 (11.03 trips/1,000 SF GFA) 62,900 SF9 694 N/A 1.49 94 N/A Proposed Designation: Institutional District Church5 (9.11 trips/1,000 SF GFA) 102,213 SF10 931 590 (Compared w/ Existing) 237 (Compared w/ Maximum Development Potential) 0.55 56 16 (Compared w/ Existing) -38 (Compared w/ Maximum Development Potential) Abbreviations and Notes: N/A = Not Applicable. SF = Square Feet GFA = Gross Floor Area 1. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 110. 2. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 540. 3. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 715. 4. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 710. 5. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 560. 6. Plans submitted as part of FLS2009-08013 provides the square footage for the existing Publishing use. 7. Plans submitted as part of FLS2009-08013 provides the square footage for the existing Educational Facilities use. 8. Plans submitted as part of FLS2009-08013 provides the square footage for the existing Office use. 9. Total gross floor area ratio permitted by the underlying R/OL Future Land Use Map category is 0.40. 10. Total gross floor area ratio permitted by the underlying Institutional (I) category is 0.65. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on McMullen Booth Road. The segment of McMullen Booth Road is currently operating at a Level of Service F, which is below the adopted roadway level of service standard, but the potential addition of 16 trips on this roadway is de minimis. McMullen Booth Road is listed as a constrained facility by the Pinellas County Metropolitan Planning Organization (MPO), which means that it cannot be expanded as necessary to alleviate a substandard level of service condition due to a policy or physical constraint. There is an increase in demand for potable water and generation of wastewater, but there is adequate capacity to accommodate the maximum demand generated by the proposed amendment. There is a decrease in solid waste generated by the proposed Attachment number 2 \nPage 15 of 17 Item # 12 Community Development Board – May 21, 2013 REZ2013-02001- Page 8 of 8 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION amendment. Furthermore, parkland and recreation facilities will not be affected by the proposed amendment. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Institutional (I) District boundaries is consistent with the boundaries of the subject property. The proposed Institutional (I) District is compatible with the single family residential uses to the north and east, and the institutional uses to the north, south and west. Recommended Conclusions of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. REVIEW PROCEDURE: Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject property. The property owner must comply with all laws and ordinances in effect at the time development permits are requested, including transportation concurrency provisions of the Concurrency Management System in Division 9, Community Development Code. RECOMMENDATION: Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the request for Zoning Atlas amendment from the Office (O) District to the Institutional (I) District. Prepared by Planning and Development Department Staff: Catherine Lee, AICP Planner III ATTACHMENTS: Resume Photographs of Site and Vicinity Attachment number 2 \nPage 16 of 17 Item # 12 View looking west at the subject property, 150 McMullen Booth Road View looking southerly along McMullen Booth Road Across McMullen Booth Rd., to the east of the subject property North of the subject property View looking northerly along McMullen Booth Road LUP2013-02001 and REZ2013-02001 Calvary Baptist Church 150 McMullen Booth Road South of the subject property Attachment number 2 \nPage 17 of 17 Item # 12 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8418-13 on second reading, calling for a special election to submit to the city electors a proposed amendment to the City Charter to allow the City to enter into a lease with the Clearwater Marine Aquarium for the current City Hall Property and stating the question to appear on the ballot. SUMMARY: Review Approval:1) Official Records and Legislative Services Cover Memo Item # 13 Ordinance No. 8418-13 ORDINANCE NO. 8418-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 5, 2013; SUBMITTING TO THE CITY ELECTORS A PROPOSED AMENDMENT TO THE CLEARWATER CITY CHARTER TO CREATE A NEW SECTION 2.01(d)(8) FOR THE PURPOSE OF AUTHORIZING THE CITY TO NEGOTIATE AND ENTER INTO A LEASE FOR A TERM NOT TO EXCEED 60 YEARS WITH THE CLEARWATER MARINE AQUARIUM FOR THE CONSTRUCTION OF AN AQUARIUM AND ASSOCIATED IMPROVEMENTS ON CERTAIN MUNICIPALLY OWNED REAL PROPERTY LOCATED IN THE DOWNTOWN, GENERALLY: WEST OF OSCEOLA AVENUE, EAST OF THE UNIMPROVED PIERCE BOULEVARD RIGHT-OF- WAY BETWEEN CLEVELAND STREET AND PIERCE STREET; PROVIDING FOR A REFERENDUM ELECTION TO BE PAID FOR BY THE CLEARWATER MARINE AQUARIUM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Clearwater Marine Aquarium, Inc. (CMA) is a 501(c)(3) not for profit corporation located in Clearwater, Florida; and WHEREAS, it is CMA’s mission to preserve our marine life and environment while inspiring the human spirit through leadership in education, research, rescue, rehabilitation, and release; and WHEREAS, since the 1970s CMA has provided Clearwater with a permanent marine biology learning center focused on preservation, rehabilitation, and education regarding marine life; and WHEREAS, in 1978 the City of Clearwater donated CMA’s current location, a former water treatment plant on Island Estates, to provide space for CMA to accomplish its mission; and WHEREAS, today, CMA is an internationally respected center for animal care, public education and marine research; and WHEREAS, in 2010 the major motion picture Dolphin Tale was filmed and produced in Clearwater telling the story of Winter to millions of people across the world; and WHEREAS, an economic impact study completed by the University of South Florida, St. Petersburg College of Business estimated Dolphin Tale will make between a $2.1 and $4.9 billion dollar impact on the economy of Clearwater, St. Petersburg, and Pinellas County; and Attachment number 1 \nPage 1 of 7 Item # 13 2 Ordinance No. 8418-13 WHEREAS, the University of South Florida study reported that 72.7% of tourists visiting CMA are not related to the tourists visiting Clearwater but rather are exclusively related to the movie-induced tourism generated by the Dolphin Tale movie; and WHEREAS, CMA’s location on Island Estates and Winter’s Dolphin Tale Adventure (WDTA) located in downtown’s Harborview Center are major tourism attractions for the City of Clearwater; and WHEREAS, In 2012 CMA attracted approximately 750,000 visitors to its Island Estates location and more than 300,000 of these visited WDTA in downtown Clearwater; and WHEREAS, the City plans to demolish the Harborview Center on the Bluff which currently houses WDTA so that the location can be used for other public uses; and WHEREAS, CMA has outgrown its current facilities and needs to build a new facility in order to accomplish its mission of marine mammal and marine animal rescue and public education relating to environmental issues; WHEREAS, Island Estates is a primarily residential community and the footprint of CMA’s Island Estates location is limited and cannot contain WDTA should Harborview Center be demolished; and, WHEREAS, on March 5, 2013, CMA made a presentation to the City Council proposing the current City Hall location and associated property below the bluff as the location of a new Clearwater Aquarium with the current Island Estates facility being retained for rescue and rehabilitation purposes; and WHEREAS, a new Clearwater Aquarium in downtown Clearwater may assist the City achieving its long term plans for redeveloping and revitalizing its downtown; and WHEREAS, the City of Clearwater has incorporated within its comprehensive plan, a future land use element requiring that redevelopment activities be sensitive to the City’s waterfront and promote public access to the City’s waterfront resources, and a coastal management element encouraging the preservation of recreational and commercial working waterfronts, marinas, and other water-dependent facilities; and WHEREAS, the new CMA downtown Clearwater facility would house the primary tourism and education components of the CMA mission, including the dolphins Winter and Hope as well as other resident animals; and WHEREAS, the Clearwater City Charter Section 2.01(d), L i m i t a t i o n s , contains certain limitations on the legislative power of the City Council; and Attachment number 1 \nPage 2 of 7 Item # 13 3 Ordinance No. 8418-13 WHEREAS, the Clearwater City Charter Section 2.01(d)(5), Real Property, contains certain restrictions on the Council's authority to sell, donate or otherwise transfer City owned real property; and WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(i) provides that property must be declared surplus prior to the sale, lease or donation for a term of longer than five years; and WHEREAS, the Clearwater City Charter Section 2.01(d}(5)(v) prohibits the lease of property which is identified as recreation/open space on the City's Comprehensive Land Use Plan without prior approval at referendum; and WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(vi) prohibits vacating of any right-of-way or easement which provides access to the water's edge for a private benefit; and WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(vii) prohibits the lease of property for an initial term of more than 30 years and a renewal of more than 30 years without a referendum, and limits total lease for a period not to exceed 60 years; and WHEREAS, the Clearwater City Charter Section 2.01(d)(5)(viii) requires recapture and reverter clauses on leases of municipal property; and WHEREAS, the Clearwater City Charter Section 2.01(d) (6) prohibits the development or maintenance for other than as open space and public utilities of certain property lying below the 28-foot mean sea level elevation of Osceola Avenue on the east, Clearwater Harbor on the west, Drew Street on the north and Chestnut Street on the south, and the Memorial Causeway without a referendum; and WHEREAS, the Clearwater City Charter Section 2.01(d)(7) regulates property bounded by Drew Street on the north, Osceola Avenue on the east, Pierce Street on the south, and Clearwater Harbor on the west, and prohibits the lease, sale, donation or use of the property for other than City facilities without a referendum; and WHEREAS, the proposed Plan is attached hereto as Exhibit B; and WHEREAS, CMA has purchased the parcel south of the current City Hall site as a good faith expression of its intent to fulfill the Plan; and WHEREAS, it is the intent that any lease between the City and CMA will fund the costs of the development of a replacement City Hall; and WHEREAS, The City Council has determined that it is in the public interest and in furtherance of the general welfare of the citizens of Clearwater to promote Attachment number 1 \nPage 3 of 7 Item # 13 4 Ordinance No. 8418-13 redevelopment and tourism by amending the Charter to permit the city to enter into a 60 year lease of the property generally referred to as the City Hall property generally located west of Osceola Ave., east of the unimproved Pierce Boulevard right- of-way, south of Cleveland St. and north of Pierce St, (“City Property”) more particularly described in Exhibit “A” attached hereto, with the CMA for redevelopment as an aquarium; now therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The foregoing prefatory clauses are hereby fully incorporated herein as findings of the City Council. Section 2. In furtherance of the implementation of the project described or identified in the Plan proposed by CMA, it is hereby proposed that Section 2.01(d) of the City Charter be amended to add a new Subsection (8) as follows: Section 2.01 Commission; composition; powers. * * * * * (d) Limitations. The legislative power provided herein shall have the following limitations: * * * * * (8) Notwithstanding and as an exception to anything contained in section 2.01 (d)(5),(6) and (7) herein, the City Council is authorized to: (a) Negotiate and enter into a ground lease with the Clearwater Marine Aquarium for an initial term of not to exceed 60 years for redevelopment of certain municipally owned real property in the Downtown generally described as generally lying west of Osceola Ave., east of the unimproved Pierce Boulevard right-of-way, south of Cleveland St. and north of Pierce St, as more specifically described in Appendix C, for compensation to be determined by City Council which may be less than fair market value, for the purpose of construction, operation and maintenance of an aquarium as specifically described herein. (b) Negotiate and enter into a lease allowing the construction, operation and maintenance of an Aquarium which shall not exceed 250,000 square feet and may include the following components: Exhibit space including exhibit space for traveling exhibits; Animal hospital including Surgical Suite and medical laboratory; Water Quality laboratory; Classrooms and Community rooms; Food and catering facilities; Theaters; Laundry facilities; Retail/Gift shop; Administrative offices; Video/film production facilities; Mechanical space i.e. chiller, boiler, power generation; Chemical storage Attachment number 1 \nPage 4 of 7 Item # 13 5 Ordinance No. 8418-13 rooms, dry and liquid; Life Support equipment rooms i.e. filters, pumps, ozonators, backwash recovery systems, water storage; Saltwater pumping station; Driveways, Delivery and loading and unloading zone, Pick-up/drop-off zone; and drainage facilities; and such other functions as a typically associated with an aquarium of similar size. (c) Grant necessary easements for driveways, utilities and salt water intake and discharge as permitted by the appropriate agencies. (d) Authorize relocation of the tennis courts to a location to be determined by the City Council. (e) If at any time prior to commencement of construction of the Aquarium, CMA abandons the project or fails to meet material obligations under the lease, or if the City Council does not approve a lease pursuant hereto on or before June 15th 2015 the exemptions contained in this §2.01(d)(8) shall expire and have no further force and effect. Section 3. A special City election is hereby called and will be held on November 5, 2013, for the consideration b y the voters of the City of Clearwater of the proposed Charter Amendment. CMA shall reimburse the City for the cost of the special City election. The question to appear on the referendum ballot shall be as follows: Lease of City Hall Property and Abutting City Property to Clearwater Marine Aquarium Shall the Clearwater City Charter be amended by adding Section 2.01(d)(8) to allow the City to negotiate and enter into a lease with the Clearwater Marine Aquarium, Inc. for the construction, operation and maintenance of an aquarium on City owned property, located west of Osceola Avenue, east of the unimproved Pierce Boulevard right-of-way, north of Pierce Street and south of Cleveland St., for a 60 year term all as described in Ordinance 8418-13? Yes _____ No ____ Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the special election to be held on November 5, 2013. Attachment number 1 \nPage 5 of 7 Item # 13 6 Ordinance No. 8418-13 Section 5. This ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 1 \nPage 6 of 7 Item # 13 7 Ordinance No. 8418-13 Attachment number 1 \nPage 7 of 7 Item # 13 Found P.K. Nail & Disk Set 5/8" Capped Iron Rod Found Iron Rod or Pipe Professional Surveyor and Mapper Surveyor’s Notes Legend Survtechsolutions,Inc.surveyorsandmappersBoundary Sketch Clearwater Aquarium Section 16, Township 29 South, Range 15 East Pinellas County, FloridaSet 5/8" Capped Iron Rod Attachment number 2 \nPage 1 of 2 Item # 13 Pierce Street Cleveland Street SouthOsceolaAvenuePi er ceBoul evar dPierceBoulevardSurvtechsolutions,Inc.surveyorsandmappersBoundary Detail Sheet Attachment number 2 \nPage 2 of 2 Item # 13 Building on Success & Creating a FutureBuilding on Success & Creating a FutureAttachment number 3 \nPage 1 of 39 Item # 13 Attachment number 3 \nPage 2 of 39 Item # 13 Attachment number 3 \nPage 3 of 39 Item # 13 Attachment number 3 \nPage 4 of 39 Item # 13 Attachment number 3 \nPage 5 of 39 Item # 13 1. Global release2. A-List actors3. #1 box office hit4. Media junket at Clearwater Beach5. 75% national awareness upon release6. #1 individual movie for tourism creation Attachment number 3 \nPage 6 of 39 Item # 13 Attachment number 3 \nPage 7 of 39 Item # 13 8Attachment number 3 \nPage 8 of 39 Item # 13 1.USFSP College of Business2.Five-year projected impact on tourism3.Two forecast models3.Two forecast models4.Ranging from $2.1 to $4.9 billion5.300,000 visitors came from out of state because of the movie6.Trend will continueAttachment number 3 \nPage 9 of 39 Item # 13 CMA’s attendance growth, even before Dolphin Tale, was outperforming local/national industry peers in a down economy. In 2012, CMA exceeded Florida Aquarium attendance by almost 150,000.Attachment number 3 \nPage 10 of 39 Item # 13 Attachment number 3 \nPage 11 of 39 Item # 13 $14.5-million expansion to be completed 1stquarter 2014 will allow us to accommodate another 250,000 visitors a year to our marine rescue center.Attachment number 3 \nPage 12 of 39 Item # 13 CMA has a limited opportunity to grow/expand:•Island Estates is primarily residential.•Footprint of land surrounding CMA is limited.limited.•We have no space for Winter’s Dolphin TaleAdventure if Harborview is demolished.To continue our growth and community impact,We must think strategically.We must think strategically.Attachment number 3 \nPage 13 of 39 Item # 13 Attachment number 3 \nPage 14 of 39 Item # 13 Clearwater Marine HospitalUsing its name from Dolphin Tale, nearly all of the current Island Estates facility would be of the current Island Estates facility would be used as the “hospital,” with a research and education element. It would continue to have only a minor tourism aspect.Attachment number 3 \nPage 15 of 39 Item # 13 Clearwater Marine AquariumThis downtown Clear-water facility would water facility would house the primary tourism and education components of the CMA mission, including resident animals such as Winter and Hope.Attachment number 3 \nPage 16 of 39 Item # 13 ConceptualConceptualDrawingsDrawingsAttachment number 3 \nPage 17 of 39 Item # 13 NAttachment number 3 \nPage 18 of 39 Item # 13 NMain Aquarium Facility (~203K SquareMain Aquarium Facility (~203K Square--Feet)Feet)Attachment number 3 \nPage 19 of 39 Item # 13 Attachment number 3 \nPage 20 of 39 Item # 13 Level 1 Level 1 -- Park LevelPark LevelNAttachment number 3 \nPage 21 of 39 Item # 13 Level 2 ExhibitsLevel 2 ExhibitsNAttachment number 3 \nPage 22 of 39 Item # 13 TwoTwo--Story Coral Reef Story Coral Reef Exhibit (Conceptual)Exhibit (Conceptual)Attachment number 3 \nPage 23 of 39 Item # 13 Level 3 Level 3 -- Upper LevelUpper LevelNAttachment number 3 \nPage 24 of 39 Item # 13 NAttachment number 3 \nPage 25 of 39 Item # 13 •Exhibit/Venue Construction Cost $50.7 M•Non Exhibit Construction Cost 8.2 M•Building Systems 50.0 M•Parking Structure (630 spaces)7.6 M•Parking Structure (630 spaces)7.6 M•FF&E, Site and Utilities 2.8 M•Total Construction Cost $119.3 M•Soft Costs $41.2 M•Total Construction Costs $160.5 M Attachment number 3 \nPage 26 of 39 Item # 13 Pre-construction Costs for Design & Engineering $9.5 millionPhase%CostMonthsPhase%CostMonthsProgramming 2% .2 2Schematic Design 13% 1.6 4Design Development 20% 2.4 6Construction Documents 45% 5.310Total 100% $9.5 22 Attachment number 3 \nPage 27 of 39 Item # 13 Duration:•22 Months -Pre-construction•22 Months -Pre-construction•24 Months - Construction•42 Months - Project duration from time of approvalAttachment number 3 \nPage 28 of 39 Item # 13 Bob Carter Companies - Sarasota, FLBob Carter, Principal: •Past President of nationally known Ketchum (now Pursuant Ketchum). Led Ketchum (now Pursuant Ketchum). Led organization for 16 years. •Leader in philanthropic counsel and fundraising consulting, serving education, healthcare, human services, and arts. •National Chair of Association of Fundraising Professionals.Attachment number 3 \nPage 29 of 39 Item # 13 Source Contribution RangeMajor Donors$20 M – 45 MSmall Donors$5 M – 10 MGovernmentEntities$35 M –60 MGovernmentEntities$35 M –60 MCorporate$10 M – 30 MGrants$5 M – 10 MNOI - Current Facility $15 M – 20 MBank financing $60 M – 80 MTotal Needed$160.5 MAttachment number 3 \nPage 30 of 39 Item # 13 ActivityDate•City Council Review Mar ’13•Fundraising Mar ’13•Referendum Nov ’13•Referendum Nov ’13•Project Funding Commitments in place Mar ’15•Design Completed Mar ’15•Construction to begin Apr ’15•Grand Opening Apr ’17 Attachment number 3 \nPage 31 of 39 Item # 13 •Two-million new visitors/year to the Downtown & Coachman Park vicinity. Visitor impact on hotels, restaurants, & local merchants.•CMA projects 430 jobs to be created.•Expanded/revitalized green space & waterfront at Coachman Park and a new aquarium will be a major draw to visitors.•Enhanced capability to better perform mission.•Reduced stress on Island Estates/local traffic.Attachment number 3 \nPage 32 of 39 Item # 13 •Saltwater access is a key element •Proximity to our existing facility•Positive economic impact•Positive economic impact•Ease of accessibility for tourists and others•Feasibility of assembling land•Acceptance by the communityAttachment number 3 \nPage 33 of 39 Item # 13 Super Block(East side of Osceola Ave, South side of Drew St., West of Ft. Harrison Ave. and North of Cleveland St.)•Large enough & close enough for water access to be feasible alternativeaccess to be feasible alternative•Owned by multiple entities; likelihood of assembly is quite uncertain•Constructing a non-profit aquarium on this site would limit future development for tax revenue optimizationAttachment number 3 \nPage 34 of 39 Item # 13 Current Harborview Site•Engineering evaluations preclude existing building from conversion •Key constituencies with interest in the Coachman Park area would prefer HVC Coachman Park area would prefer HVC to be replaced w/ Coachman Park expansion •Constructing in the HVC footprint would block vistas to the water from the upland.•CMA lost revenue during construction Attachment number 3 \nPage 35 of 39 Item # 13 City Hall Site•Building is obsolete; high maintenance cost to the City•Good water access•Provides an opportunity to expand and •Provides an opportunity to expand and create a master plan for Coachman Park•Excellent proximity to downtown•CMA owns adjacent South property for additional development Attachment number 3 \nPage 36 of 39 Item # 13 •Consent for CMA funded special referendum to lease City Hall site to build aquarium facility•Direct staff to work with CMA toward a •Direct staff to work with CMA toward a memorandum of understanding with details for a land lease•Assistance in drafting language for special referendumAttachment number 3 \nPage 37 of 39 Item # 13 •Lease extension of Harborview Center until completion of new facility•Extension of Tax Increment Financing for the CRAfor the CRAAttachment number 3 \nPage 38 of 39 Item # 13 Building on Success & Creating a FutureBuilding on Success & Creating a FutureAttachment number 3 \nPage 39 of 39 Item # 13 Found P.K. Nail & Disk Set 5/8" Capped Iron Rod Found Iron Rod or Pipe Professional Surveyor and Mapper Surveyor’s Notes Legend Survtechsolutions,Inc.surveyorsandmappersBoundary Sketch Clearwater Aquarium Section 16, Township 29 South, Range 15 East Pinellas County, FloridaSet 5/8" Capped Iron Rod Attachment number 4 \nPage 1 of 2 Item # 13 Pierce Street Cleveland Street SouthOsceolaAvenuePi er ceBoul evar dPierceBoulevardSurvtechsolutions,Inc.surveyorsandmappersBoundary Detail Sheet Attachment number 4 \nPage 2 of 2 Item # 13 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8431-13 on second reading, amending the powers and duties of the Municipal Code Enforcement Board to include the power to hear as a “local hearing officer” violations of the Clearwater Code of Ordinances and Florida Statutes, as applicable. SUMMARY: Review Approval:1) Official Records and Legislative Services Cover Memo Item # 14 Ordinance No. 8431-13 ORDINANCE NO. 8431-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING DIVISION 4, CODE ENFORCEMENT BOARD, CLEARWATER DEVELOPMENT CODE, CLARIFYING THE POWERS AND DUTIES THE CODE ENFORCEMENT BOARD MAY PERFORM ON BEHALF OF THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, amendments to Section 316.0083, Florida Statutes, contained in House Bill 7125, provide the registered owner of the motor vehicle or the person in physical control of the motor vehicle at the time the motor vehicle failed to stop at a red light being monitored by a “traffic infraction detector” with the option of requesting a hearing before a “local hearing officer” to contest a notice of violation issued pursuant to Section 316.0083, Florida Statutes; and WHEREAS, Section 316.0083, Florida Statutes, requires the municipality issuing the notice of violation to designate a “local hearing officer” as defined in Section 316.003(91), Florida Statutes, for the purpose of conducting a hearing pursuant to Section 316.0083; and WHEREAS, Section 316.003(91), Florida Statutes, authorizes a municipality to use its currently appointed code enforcement board as the “local hearing officer”; and WHEREAS, this ordinance shall clarify the powers and duties of the City’s Municipal Code Enforcement Board to allow it to hear, as “a local hearing officer,” not only violations based upon the Clearwater Development Code, but also the Clearwater Code of Ordinances and Florida State Statutes, where applicable. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Division 4, Code Enforcement Board, Section 5-401 be amended by adding the underlined language as follows: Section 5-401. - Powers and duties. There is hereby created a code enforcement board for the city to perform the following powers and duties: POWERS & DUTIES APPLICABLE PROCEDURES Conduct hearings in regard to violations of this Development Code, the Clearwater Code of Ordinances, and Florida Statutes, where applicable Article 7 Section 7-102 Attachment number 1 \nPage 1 of 2 Item # 14 Ordinance No. 8431-13 Adopt rules for the conduct of its meetings Issue subpoenas to alleged violators and witnesses Article 7 Section 7-102 Subpoena evidence to its hearings Article 7 Section 7-102 Take testimony under oath Article 7 Section 7-102 Issue orders following a hearing regarding a violation of this Development Code, the Clearwater Code of Ordinances, and Florida Statutes, where applicable Article 7 Section 7-102 Section 2. 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 Attachment number 1 \nPage 2 of 2 Item # 14 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve the Administrative Services Only Agreement between the City and Connecticut General Life Insurance Company for administration services to be provided by Cigna in connection with the City’s medical insurance for plan year 2013 and authorize the appropriate officials to execute same. (consent) SUMMARY: For plan year 2013, the City transitioned from a minimum premium arrangement to a partially self-insured arrangement with Cigna Healthcare for funding of the City’s medical insurance. This necessitated the implementation of a new Agreement between the parties providing for the claim and other administration services performed by Cigna in support of the City’s medical insurance plan. Following negotiations between the parties, the City and Cigna have reached mutually agreeable terms contained in this Administrative Services Only Agreement for the remainder of the plan year. There has been no lapse in the service as a result of the negotiations, as the intent letter provided by Cigna specified that the initial proposed Agreement would govern until a subsequent agreement is finalized and that this revised Agreement will apply retroactively to the Effective Date of January 1, 2013. There is no change in the City’s cost for medical insurance related to the approval of this Agreement. Review Approval:1) Official Records and Legislative Services Cover Memo Item # 15 Administrative Services Only Agreement By and Between City of Clearwater “Employer” And Connecticut General Life Insurance Company “Connecticut General” Effective Date: January 1, 2013 THIS AGREEMENT AND ITS TERMS ARE PROPRIETARY AND CANNOT BE DISCLOSED WITHOUT THE PERMISSION OF EACH OF THE PARTIES Attachment number 1 \nPage 1 of 43 Item # 15 Table of Contents Definitions.............................................................................................................................................3 Section 1. Term and Termination of Agreement..................................................................................4 Section 2. Claim Administration and Additional Services...................................................................4 Section 3. Funding and Payment of Claims.........................................................................................5 Section 4. Charges................................................................................................................................5 Section 5. Enrollment and Determination of Eligibility.......................................................................6 Section 6. Claim Audits and Confidentiality........................................................................................6 Section 7. Plan Benefit Liability ..........................................................................................................7 Section 8. Modification of Plan and Charges.......................................................................................8 Section 9. Modification of Agreement.................................................................................................8 Section 10. Laws Governing Contract .................................................................................................8 Section 11. Information in Connecticut General’s Processing Systems ..............................................8 Section 12. Resolution of Disputes......................................................................................................8 Section 13. Third Party Beneficiaries...................................................................................................9 Section 14. Waivers..............................................................................................................................9 Section 15. Headings............................................................................................................................9 Section 16. Severability........................................................................................................................9 Section 17. Force Majeure..................................................................................................................10 Section 18. Assignment and Subcontracting......................................................................................10 Section 19. Notices.............................................................................................................................10 Section 20. Identifying Information and Internet Usage....................................................................10 SIGNATURES....................................................................................................................................11 Schedule of Financial Charges............................................................................................................12 Exhibit A - Plan Document.................................................................................................................23 Exhibit B – Services............................................................................................................................24 Exhibit D – Privacy Addendum..........................................................................................................35 Exhibit E – Conditional Claim/Subrogation Recovery Services.........................................................42 Attachment number 1 \nPage 2 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 3 THIS AGREEMENT, effective January 1, 2013 (the “Effective Date”) is by and between City of Clearwater (“Employer”) and Connecticut General Life Insurance Company (“Connecticut General”). RECITALS: WHEREAS, Employer, as Plan sponsor, has adopted the benefit described in Exhibit A, as may be amended, (“Plan”) for certain of its employees/members and their eligible dependents (collectively “Members”); and WHEREAS, Employer has requested Connecticut General to furnish certain administration services in connection with the Plan 2499162. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, it is hereby agreed as follows: Definitions Agreement – this entire document including the Schedule of Financial Charges and all Exhibits. Applicable Law – means the state, federal and international laws and regulations that apply. Applicable Law includes but is not limited to the Employee Retirement Income Security Act of 1974, as amended and the rules and regulations thereunder (“ERISA”), the Health Insurance Portability and Accountability Act of 1996, as amended and the rules and regulations thereunder (“HIPAA”), the Foreign Corrupt Practices Act (“FCPA”) and any other anti-bribery or anti-corruption laws in the countries where the Parties conduct business. Bank Account – a benefit plan account with a bank designated by Connecticut General; established and maintained by Employer in its or a nominee’s name. ERISA – the Employee Retirement Income Security Act of 1974, as amended and related regulations. Extra-Contractual Benefits – Payments which Employer has instructed Connecticut General to make for health care services and/or products that Connecticut General has determined are not covered under the Plan. Member – a person eligible for and enrolled in the Plan as an employee or dependent. Participant/Participating Members – Member(s) who is (are) participating in a specific program and/or product available to Members under the Plan. Participating Providers – providers of health care services and/or products, who/which contract directly or indirectly with Connecticut General to provide services and/or products to Members. Plan Benefits – Amounts payable for covered health care services and products under the terms of the Plan. Party/Parties – refers to Employer and Connecticut General, each a “Party” and collectively, the “Parties”. Plan Year – the twelve (12) month period, beginning on the Effective Date and, thereafter, each subsequent twelve (12) month period. Run-Out Claims – claims for Plan Benefits relating to health care services and products that are incurred prior to termination of this Agreement; termination of a Plan benefit option or eligible Members, as applicable. Attachment number 1 \nPage 3 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 4 Section 1. Term and Termination of Agreement This Agreement is effective on the Effective Date and shall remain in effect until the earliest of the following dates: i. The date which is at least sixty (60) days from the date that either Party provides written notice to the other Party of termination of this Agreement; ii. The effective date of any Applicable Law or governmental action which prohibits performance of the activities required by this Agreement; iii. The date upon which Employer fails to fund the Bank Account as required by this Agreement or fails to pay Connecticut General any charges identified in this Agreement when due provided Connecticut General notifies Employer of its election to terminate; iv. Any other date mutually agreed upon by the Parties. Section 2. Claim Administration and Additional Services a. While this Agreement is in effect, Connecticut General shall, consistent with, the claim administration policies and procedures then applicable to its own health care insurance business (i) receive and review claims for Plan Benefits; (ii) determine the Plan Benefits, if any, payable for such claims; (iii) disburse payments of Plan Benefits to claimants; and (iv) provide in the manner and within the time limits required by Applicable Law, notification to claimants of (a) the coverage determination or (b) any anticipated delay in making a coverage determination beyond the time required by Applicable Law. b. Following (i) termination of this Agreement, except pursuant to Section 1 (iii); (ii) termination of Plan benefit option or (iii) termination of eligible Members, if the required fees have been paid in full, if any, Connecticut General shall process Run-Out Claims for the applicable Run-Out Period (See Schedule of Financial Charges for applicable fees and Run-Out Period). At the termination of any applicable Run-Out Period, Connecticut General shall cease processing Run-Out Claims and, subject to the requirements of Section 6.b, make all relevant records in its possession relating to such claims reasonably available to Employer or Employer’s designee. Connecticut General is not required to provide proprietary information to Employer or any other party. c. Employer hereby delegates to Connecticut General the authority, responsibility and discretion to determine coverage under the Plan based on the eligibility and enrollment information provided to Connecticut General by Employer. Employer also hereby delegates to Connecticut General the authority, responsibility and discretion to (i) make factual determinations and to interpret the provisions of the Plan to make coverage determinations on claims for Plan Benefits, (ii) conduct a full and fair review of each claim which has been denied as required by ERISA, (iii) decide level one mandatory appeals of “Urgent Care Claims” (as that term is defined in ERISA), and (iv) conduct both mandatory levels of appeal determinations for all “Concurrent”, “Pre-service” and “Post-service” claims (as those terms are defined under ERISA) and notify the Member or the Member’s authorized representative of its decision. Employer will ensure that all summary plan description materials provided to Members reflect this delegation. d. In addition to the basic claim administrative duties described above, Connecticut General shall also perform the Plan-related administrative duties agreed upon by the Parties and specified in Exhibit B. Attachment number 1 \nPage 4 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 5 Section 3. Funding and Payment of Claims a. Employer shall establish a Bank Account, and maintain in the Bank Account an amount sufficient at all times to fund checks written on it for (i) Plan Benefits; (ii) those charges and fees identified in the Schedule of Financial Charges as payable through the Bank Account (collectively “Bank Account Payments”); and (iii) any sales or use taxes, or any similar benefit- or Plan-related charge or assessment however denominated, which may be imposed by any governmental authority. Bank Account Payments may include without limitation: (i) capitated (i.e. fixed per Member) payments to Participating Providers; (ii) amounts owed to Connecticut General; and (iii) amounts paid to Connecticut General’s affiliates and/or subcontractors for, among other things, network access or in- and out-of network health care services/products provided to Members. Connecticut General may credit the Bank Account with payments due Employer under a stop loss policy issued by Connecticut General or an affiliate. b. Connecticut General, as agent for the Employer, shall make Bank Account Payments from the Bank Account, in the amount Connecticut General reasonably determines to be proper under the Plan and/or under this Agreement. c. In the event that sufficient funds are not available in the Bank Account to pay all Bank Account Payments when due, Connecticut General shall cease to process claims for Plan Benefits including Run-Out Claims. d. Connecticut General will promptly adjust any underpayment of Plan Benefits by drawing additional funds due the claimant from the Bank Account. In the event Connecticut General overpays a claim for Plan Benefits or pays Plan Benefits to the wrong party, it shall take all reasonable steps to recover the overpayment; however, Connecticut General shall not be required to initiate court, mediation, arbitration or other administrative proceedings to recover any overpayment. Connecticut General shall not be responsible for reimbursing any unrecovered payments of Plan Benefits unless made as a result of its gross negligence or intentional wrongdoing. e. Following termination of this Agreement, Employer shall remain liable for payment of all due Bank Account Payments and for all reimbursements due Members under the Plan. Employer shall promptly reimburse Connecticut General for any Bank Account Payments paid by Connecticut General with its own funds and no such payment by Connecticut General shall be construed as an assumption of any of Employer’s liability. This Section 3 shall survive termination of this Agreement. Section 4. Charges a. Charges. Connecticut General shall provide to Employer a monthly statement of all charges Employer is obligated to pay under this Agreement that are not paid as Bank Account Payments. Payment of all billed charges shall be due on the first day of the month, as indicated on the monthly statement. Payments received after the last day of the month in which they are due, shall be subject to late payment charges, from the due date at a rate calculated as follows: the one (1) year Treasury constant maturities rate for the first week ending in January plus five percent (5%). For purposes of calculating late payment charges, payments received will be applied first to the oldest outstanding amount due. Connecticut General may reasonably revise the methodology for calculating late payment charges upon thirty (30) days’ advance written notice to Employer. b. Member Changes – Additions and Terminations. If a Member’s effective date is on or before the fifteenth (15th) day of the month, full charges applicable to that Member shall be due for that Member for that month. If coverage does not start or ceases on or before the fifteenth (15th) day of the month for a Member, no charges shall be due for that Member for that month. Attachment number 1 \nPage 5 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 6 c. Retroactive Member Changes and Terminations. Employer shall remain responsible for all charges and Bank Account Payments incurred or charged through the date Connecticut General processed Employer’s notice of a retroactive change or termination of Membership. However, if the change or termination would result in a reduction in charges, Connecticut General shall credit to Employer the reduction in charges charged for the shorter of (a) the sixty (60) day period preceding the date Connecticut General processes the notice, or (b) the period from the date of the change or termination to the date Connecticut General processes the notice. This Section 4 shall survive termination of this Agreement. Section 5. Enrollment and Determination of Eligibility a. Eligibility Determinations and Information. Employer is responsible for administering Plan enrollment. In determining any person's right to benefits under the Plan, Connecticut General shall rely upon enrollment and eligibility information provided by the Employer. Such information shall identify the effective date of eligibility and the termination date of eligibility and shall be provided promptly to Connecticut General in a format and with such other information as reasonably may be required by Connecticut General for the proper administration of the Plan. b. Release of Liability. Notwithstanding any inconsistent provision of this Agreement to the contrary, if Employer, fails to provide Connecticut General with accurate enrollment and eligibility information, benefit design requirements, or other agreed-upon information in Connecticut General’s standard timeframe and format, Connecticut General shall have no liability under this Agreement for any act or omission by Connecticut General, or its employees, affiliates, subcontractors, agents or representatives, directly or indirectly caused by such failure. c. Reconciliation of Eligibility and Information and Default Terminations. Connecticut General will periodically share potential discrepancies in eligibility information with Employer. Employer will review and reconcile any discrepancies within thirty (30) days of receipt. If Employer fails to timely do so, Connecticut General may terminate coverage for any Member not listed as eligible in Employer’s submitted eligibility information. Section 6. Claim Audits and Confidentiality a. Claim Audit. Employer may, in accordance with the following requirements and at no additional charge while this Agreement is in effect, audit Connecticut General’s payment of Plan Benefits: i. Employer shall provide Connecticut General forty-five (45) days advance written request for audit from the later of (i) receipt by Connecticut General of the audit scope letter or (ii) the fully executed Claim Audit Agreement attached hereto as Exhibit C. Employer will designate with Connecticut General’s consent, such consent not to be unreasonably withheld, an independent, third party auditor to conduct the audit (the “Auditor). In addition, Employer and Connecticut General will agree upon the date for the audit during regular business hours at Connecticut General’s office(s). Employer shall be responsible for its Auditor’s costs. Except as otherwise agreed to by the parties in writing prior to the commencement of the audit, the audit shall be conducted in accordance with the terms of Connecticut General’s Claim Audit Agreement attached hereto as Exhibit C, which is hereby agreed to by Employer and which shall be signed by the Auditor prior to the start of the audit. ii. If Employer has five thousand (5,000) or more employees who are Members, Employer may conduct one such audit every Plan Year (but not within six (6) months of a prior audit); otherwise, Employer may conduct one such audit every two (2) Plan Years (but not within eighteen (18) months of a prior audit). Attachment number 1 \nPage 6 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 7 iii. Auditor will review payment documents relating to a random, statistically valid sample of two-hundred twenty-five (225) claims paid during the two prior Plan years and not previously audited (the “Audit”) subject to any contrary terms in Participating Provider agreements. With respect to the Audit, the scope may include types of claims prone to overpayments provided the types of claims prone to underpayments are equally included and will exclude electronic analysis. Any claim adjustments will be based upon the actual claims reviewed and not upon statistical projections or extrapolations. b. Confidentiality i. Subject to the requirements of Applicable Law, the terms of this Agreement and the Privacy Addendum in Exhibit D, a signed Business Associate agreement between Employer and its designee, and a signed Confidentiality Agreement by applicable designee, Connecticut General shall release copies of confidential claims and Plan Benefit payment information in Connecticut General’s claims system (“Confidential Information”) and may release copies of proprietary information relating to the Plan in Connecticut General’s claims system (“Proprietary Information”) to the Employer and/or its designees. Employer agrees that Employer and its designees will keep Confidential Information and Proprietary Information confidential and will use Confidential Information and Proprietary Information solely for the purpose of administering the Plan or as otherwise required by law. Employer is solely responsible for the consequences of any use, misuse, or disclosure of Confidential Information provided by Connecticut General pursuant to this paragraph b. ii. Connecticut General will maintain the confidentiality of all Protected Health Information in its possession in accordance with the Privacy Addendum in Exhibit D and any applicable state privacy laws, including, without limitation, 201 CMR 17.00: Massachusetts Standards for the Protection of Personal Information of Residents of the Commonwealth. c. Upon termination of this Agreement and subject to the provisions of Section 6.b above, Connecticut General shall make information available to the extent administratively feasible if the Parties agree upon the charge to be paid by Employer. The obligations set forth in this Section 6 (b), shall survive termination of this Agreement. Section 7. Plan Benefit Liability a. Employer Liability for Plan Benefits. Employer is responsible for all Plan Benefits including any Plan Benefits paid as a result of any legal action. Employer is responsible for reimbursing Connecticut General, its directors, officers and employees for any reasonable expense incurred (including reasonable attorneys’ fees) by them in the defense of any action or proceeding involving a claim for Plan Benefits. Connecticut General shall reasonably cooperate with Employer in its defense of such actions. If Employer directs Connecticut General in writing to pay a claim for Extra-Contractual Benefits, Employer is responsible for funding the payment and such payments shall not be considered in determining reimbursements or payments under stop loss insurance or in determining any risk-sharing or performance guarantee reimbursements. Employer shall reimburse Connecticut General for any liability or expenses (including reasonable attorneys’ fees) Connecticut General may incur in connection with making such payments. b. Employer Liability for Plan Related Expenses. Employer shall reimburse Connecticut General for any amounts Connecticut General may be required to pay (i) as state premium tax or any similar Plan-related tax, charge, surcharge or assessment, or (ii) under any unclaimed or abandoned property, or escheat law, with respect to Plan Benefits and any penalties and/or interest thereon. The reimbursement obligations set forth in this Section 7 shall survive termination of this Agreement. Attachment number 1 \nPage 7 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 8 Section 8. Modification of Plan and Charges a. Connecticut General shall have the right to revise the charges identified in this Agreement (i) on each anniversary of this Agreement, (ii) at any time by giving Employer at least sixty (60) days' prior written notice, but not more frequently than once in a six (6) month period, (iii) upon any modification or amendment of the benefits under the Plan, (iv) upon any variation of fifteen percent (15%) or more in the number of Members used by Connecticut General to calculate its charges under this Agreement, and/or (v) upon any change in law or regulation that materially impacts Connecticut General's liabilities and/or responsibilities under this Agreement. b. Employer shall provide Connecticut General written notice of any modification or amendment to the Plan sufficiently in advance of any such change as to allow Connecticut General to implement the modification or amendment. Employer and Connecticut General shall agree upon the manner and timing of the implementation subject to Connecticut General’s system and operational capabilities. Section 9. Modification of Agreement This Agreement constitutes the entire contract between the Parties regarding the subject matter herein. Except, as otherwise provided herein, the provisions of this Agreement shall control in the event of a conflict with the terms of any other agreements. No modification or amendment hereto shall be valid unless in writing and signed by an authorized person of each of the Parties, except that modification of charges pursuant to Section 8 above may be made by written notice to Employer by Connecticut General. If Employer pays such revised charges or fails to object to such revision in writing within fifteen (15) days of receipt, this Agreement shall be deemed modified to reflect the charges as communicated by Connecticut General. Section 10. Laws Governing Contract a. This Agreement shall be construed in accordance with the laws of the State of Florida without regard to conflict of law rules, and both Parties consent to the venue and jurisdiction of its courts. b. The Parties shall perform their obligations under this Agreement in conformance with all Applicable Laws and regulatory requirements. Section 11. Information in Connecticut General’s Processing Systems Connecticut General may retain and use all Plan-related claim and Plan Benefit payment information recorded for or otherwise integrated into Connecticut General’s business records including claim processing systems during the ordinary course of business (provided, however, that claim or payment information will be available to Employer pursuant to Section 6). Connecticut General will retain claim and payment information as required by Applicable Law. Section 12. Resolution of Disputes Any dispute between the Parties arising from or relating to the performance or interpretation of this Agreement (“Controversy”) shall be resolved exclusively pursuant to the following mandatory dispute resolution procedures: Attachment number 1 \nPage 8 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 9 a. Any Controversy shall first be referred to an executive level employee of each Party who shall meet and confer with his/her counterpart to attempt to resolve the dispute (“Executive Review”) as follows: The disputing Party shall give the other Party written notice of the Controversy and request Executive Review. Within twenty (20) days of such written request, the receiving Party shall respond to the other in writing. The notice and the response shall each include a summary of and support for the Party’s position. Within thirty (30) days of the request for Executive Review, an employee of each Party, with full authority to resolve the dispute, shall meet and attempt to resolve the dispute. b. If the Controversy has not been resolved within thirty-five (35) calendar days of the request of Executive Review under Section 12.a, above, the Parties agree to mediate the Controversy in accordance with the American Health Lawyers Association Alternative Dispute Resolution Service Rules of Procedure for Mediation (“Mediation”). The mediation shall be conducted in Clearwater, Florida. Each Party shall assume its own costs and attorneys’ fees. The mediator’s compensation and expenses and any administrative fees or costs associated with the mediation proceeding shall be borne equally by the Parties. c. If the Controversy has not been resolved by Executive Review or Mediation, the Controversy shall be settled exclusively by binding arbitration. The arbitration shall be conducted in the same location as noted in Section 12.b. above, in accordance with the American Health Lawyers Association Alternative Dispute Resolution Service Rules of Procedure for Arbitration. The arbitration shall be binding on the Parties to the Agreement and on any respective affiliates which joined in the arbitration. The arbitrator’s decision shall be final, conclusive and binding, and no action at law or in equity may be instituted by either Party other than an appropriate post-award proceeding authorized by law and the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each Party shall assume its own costs and attorneys’ fees. The arbitrator’s compensation and expenses and any administrative fees or costs associated with the arbitration proceeding shall be borne equally by the Parties This Section 12 shall survive termination of this Agreement. Section 13. Third Party Beneficiaries This Agreement is solely for the benefit of Employer and Connecticut General. It shall not be construed to create any legal relationship between Connecticut General and any other party. Section 14. Waivers No course of dealing or failure of either Party to strictly enforce any term, right or condition of this Agreement shall be construed as a waiver of such term, right or condition. Waiver by either Party of any default shall not be deemed a waiver of any other default. Section 15. Headings Article, section, or paragraph headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Section 16. Severability If any provision or any part of a provision of this Agreement is held invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other portion of this Agreement. Attachment number 1 \nPage 9 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 10 Section 17. Force Majeure Connecticut General shall not be liable for any failure to meet any of the obligations required under this Agreement where such failure to perform is due to any contingency beyond the reasonable control of Connecticut General, their employees, officers, or directors. Such contingencies include, but are not limited to, acts or omissions of any person or entity not employed or reasonably controlled by Connecticut General, their employees, officers, or directors, acts of God, fires, wars, accidents, labor disputes or shortages, and governmental laws, ordinances, rules or regulations. Section 18. Assignment and Subcontracting Neither Party may assign any right, interest, or obligation hereunder without the express written consent of the other Party; provided, however that Connecticut General may assign any right, interest, or responsibility under this Agreement to its affiliates and/or subcontract specific obligations under this Agreement provided that Connecticut General shall not be relieved of its obligations under this Agreement when doing so. Section 19. Notices Except as otherwise provided, all notices or other communications hereunder shall be in writing and shall be deemed to have been duly made when (a) delivered in person, (b) delivered to an agent, such as an overnight or similar delivery service, (c) delivered electronically, or (d) deposited in the United States mail, postage prepaid, and addressed as follows: To Connecticut General: Connecticut General Life Insurance Company 401 Chestnut Street Chattanooga, TN 37402 Attention: Jenny Wilson, Underwriting Director To Employer: City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 Attention: Mr. Allen Del Prete The address to which notices or communications may be given by either Party may be changed by written notice given by one Party to the other pursuant to this Section. Section 20. Identifying Information and Internet Usage Except, as necessary in the performance of their duties under this Agreement, neither Party may use the other’s name, logo, service marks, trademarks or other identifying information or to establish a link to the other’s World Wide Web site without its prior written approval. Attachment number 1 \nPage 10 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 11 SIGNATURES IN WITNESS WHEREOF, the Parties have caused this Agreement, and all Exhibits and Addenda to this Agreement, to be executed in duplicate and signed by their respective officers duly authorized to do so as of the dates given below. Employer executes as the authorized representative of the Plan with respect to the Privacy Addendum to this Agreement. Countersigned: CITY OF CLEARWATER By: ___________________________ By: __________________________ George N. Cretekos William B. Horne II Mayor City Manager Date: ___________________________ Date: ___________________________ Approved as to form: Attest: By: ___________________________ By: ________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Date: ___________________________ Date: ___________________________ Dated at Hartford, Connecticut CONNECTICUT GENERAL LIFE INSURANCE COMPANY This 29th day of May, 2013 By: Name: Jessica S. Sheriff Its Contractual Agreement Unit Manager Duly Authorized Attachment number 1 \nPage 11 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 12 A A A A Schedule of Financial Charges Certain fees and charges identified in this Schedule of Financial Charges will be billed to Employer monthly in accordance with Connecticut General’s then standard billing practices. However, Connecticut General is authorized to pay all fees and charges from the Bank Account unless otherwise specified in this Agreement. MEDICAL ADMINISTRATION CHARGES (Includes Benefit Advisor Fees payments agreed to by Employer) Product Description Charge Medical • Open Access Plus (OAP) with PHS Plus Medical Management $50.26/employee/month Medical • Benefit Advisor Fees $6.00/employee/month Included in Medical Administration Charge MEDICAL NETWORK ACCESS FEE , UTILIZATION MANAGEMENT FEE AND OPTIONAL PROGRAM FEE Product Description Charge Medical • OAP Access Fee $25.61/employee/month Included in Medical Administration Charge Attachment number 1 \nPage 12 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 13 A A A A CIGNA PHARMACY BENEFIT MANAGEMENT SERVICES CHARGES AND RELATED PROVISIONS Definitions • “Average Wholesale Price” or “AWP” is the Average Wholesale Price for a given pharmaceutical product in effect on the dispense date for the actual package size dispensed as published by Medi-Span or other alternative publication or benchmark reasonably designated by Connecticut General. • “Brand Drug Claim” is a claim for a pharmaceutical product that is adjudicated as a brand drug as indicated on the claim record generated by the claim processing system used by Connecticut General. For application of discounts and dispensing fees, a “Brand Drug Claim” includes a claim for a generic drug within its exclusivity period or other period of limited competition, as Connecticut General reasonably determines under its standard policies. • “Generic Drug Claim” is a claim for a pharmaceutical product that is adjudicated as a generic drug as indicated on the claim record generated by the claim processing system used by Connecticut General. For application of discounts and dispensing fees, a “Generic Drug Claim” excludes a claim for a generic drug within its exclusivity period or other period of limited competition, as Connecticut General reasonably determines under its standard policies. • “Mail Service Pharmacy” or “Cigna Tel-Drug” or “Cigna Home Delivery Pharmacy” is a pharmacy that is owned or operated by Connecticut General or an affiliated company(ies) (currently, Tel-Drug, Inc. and Tel-Drug of Pennsylvania, LLC), which dispenses drugs covered under the Plan’s Pharmacy Benefit by mail, and is not a Retail Pharmacy. • “Pharmacy Benefit” means the terms of the Plan that govern coverage and care/utilization management of drugs and related supplies dispensed to Members and charged to the Plan by the Mail Service Pharmacy or Retail Pharmacies through Connecticut General’s pharmacy claim processing system. • “Rebates” or “Manufacturer Formulary Payments” means amounts that Connecticut General collects under contracts it enters into with drug manufacturers that are based on utilization of certain of the manufacturers’ brand drugs under the Plan’s Pharmacy Benefit and the drug’s status on the Cigna drug formulary. • “Retail Pharmacy” is a pharmacy that is entitled to payment under the Plan for drugs it dispenses that are covered under the Plan’s Pharmacy Benefit, and is not a Mail Service Pharmacy. • “Specialty Drug Claim” is a claim for a pharmaceutical product that is reasonably determined by Connecticut General to be a specialty drug in accordance with industry practice. Specialty drugs generally are (i) injected or infused and derived from living cells, or are oral non-protein compounds (e.g., oral chemotherapy drugs); (ii) target the underlying condition, which is usually one of a relatively rare, chronic and costly nature; and/or (iii) require restricted access and/or close monitoring. PHARMACY ADMINISTRATION FEE • Cigna Pharmacy Product administration fee: Included in Medical Administration Charge Attachment number 1 \nPage 13 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 14 A A A A CHARGES FOR DRUGS COVERED UNDER THE PLAN’S PHARMACY BENEFIT Drug Dispensed by Mail Service Pharmacy: Connecticut General will charge Employer the following for claims covered under the Plan’s Pharmacy Benefit and dispensed by the Mail Service Pharmacy: Brand Drug Claims: AWP minus an average discount of 17% plus an average dispensing fee of $0.00. Generic Drug Claims: The drug’s charge on a Connecticut General generic Maximum Allowable Charge schedule that generates an annual average aggregate discount across Generic Drug Claims dispensed at CIGNA Home Delivery Pharmacy to Connecticut General group-client book of business of AWP minus 73.5% plus an average dispensing fee across such Generic Drug Claims of not more than $0.00. Specialty Brand Drug Claims: The drug’s charge under a national discount schedule that generates a 13.2% annual average aggregate discount off AWP for Specialty Drug Claims dispensed at CIGNA Home Delivery Pharmacy across Connecticut General ’s group-client book of business (including Specialty Drug Claims dispensed by Mail Service Pharmacy, whether covered under group-clients’ Cigna Pharmacy Benefit or Cigna medical benefit). Drugs Dispensed by Retail Pharmacies: Connecticut General will charge Employer the following for drugs covered under the Plan’s Pharmacy Benefit and dispensed by a Retail Pharmacy to the Plan Members, subject to the “Drug Charges – Additional Provisions” section: Retail Brand Drug Claims: The lesser of (i) AWP minus the contracted discount plus the contracted dispensing fee charged by the Retail Pharmacy for the Brand Drug Claim; or (ii) the Retail Pharmacy’s usual and customary charge. Retail Generic Drug Claims (other than those to which the above brand discount applies): The lesser of: (i) the drug’s charge on a Connecticut General generic Maximum Allowable Charge schedule that generates an annual average aggregate discount across Generic Drug Claims dispensed at Retail Pharmacies to Connecticut General group-client book of business of AWP minus 70.5% (Plan-specific results may vary based on drug mix), plus an average dispensing fee across such Generic Drug Claims of no more than $1.90; or (ii) the Retail Pharmacy’s usual and customary charge. Retail Specialty Brand Drug Claims: The lesser of (i) AWP minus an annual average aggregate discount of 10.5%, plus an average dispensing fee of no more than $1.35; or (ii) the Retail Pharmacy’s usual and customary charge. Attachment number 1 \nPage 14 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 15 A A A A DRUG CHARGES – ADDITIONAL PROVISIONS • Cigna Home Delivery Pharmacy’s discounts are applied to the manufacturer average wholesale price (AWP) for the dispensed size (or to the AWP for the manufacturer-packaged quantity closest to the dispensed size, if there is no AWP for the dispensed size). • Cigna Home Delivery Pharmacy will be reimbursed through the Bank Account for the price (discounted as per this Schedule) for replacement prescriptions shipped by Cigna Home Delivery Pharmacy which are reported as lost or damaged despite Cigna Home Delivery Pharmacy’s shipment to the Participant’s correct name and address. • The amount paid to the Retail Pharmacy for Brand, Generic, or Specialty Drug Claims may or may not be equal to the amount charged to Employer, and Connecticut General will absorb or retain any difference. • An excess achieved in any Plan-specific discount floor or dispensing fee cap offered under this Agreement will be used to offset a shortfall in any other Plan-specific discount floor or dispensing fee cap offered under this Agreement. • Industry Changes to or Replacement of Average Wholesale Price (AWP). Notwithstanding any other provision in this Agreement, including in this Exhibit, in the event of any major change in market conditions affecting the pharmaceutical or pharmacy benefit management market, including, for example, any change in the markup, methodologies, processes or algorithms underlying the published AWP(s), Connecticut General may adjust any or all of the charges, rates, discounts, guarantees and/or fees in connection with Connecticut General’s administration of the Plan’s Pharmacy Benefit hereunder, including any that are based on AWP, as it reasonably deems necessary to preserve the economic value or benefit of this Agreement as it existed immediately prior to such change. Additionally, and notwithstanding any other provision in this Agreement, including in this Exhibit, Connecticut General may replace AWP as its pharmaceutical pricing benchmark with an alternative benchmark and/or may replace Medi-Span, or other such publication as its source for the AWP or alternative benchmark with a different pricing source, provided that Connecticut General adjusts any or all such AWP-Based Charges or such alternative benchmark-based charges as it reasonably deems necessary to preserve the economic value or benefit of this Agreement as it existed immediately prior to such replacement or immediately prior to the event(s) giving rise to such replacement, as the case may be. FEES FOR PROCESSING RUN-OUT CLAIMS OAP Run-Out Period of twelve (12) months No Additional Cost Pharmacy Run-Out Period of three (3) months for all pharmacy claims No Additional Cost Attachment number 1 \nPage 15 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 16 A A A A SUBROGATION Subrogation/Conditional Claim Payment. Identification, investigation and recovery of claim payments involving other party liability or where another entity is responsible for payment (including by way of example but not by limitation automobile insurance, homeowner insurance, commercial property insurance, worker’s compensation). (This service is only provided with respect to Medical coverage). 5% of recovery plus litigation costs if Counsel is retained and an appearance is filed on behalf of Connecticut General or Employer in any litigation, or a lawsuit is filed on their behalf; 29% of recovery if no Counsel is retained and in all other instances, including cases where state law requires that employee benefit plans be named as party defendants or involuntary plaintiffs. Attachment number 1 \nPage 16 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 17 A A A A CONNECTICUT GENERAL COST CONTAINMENT FEES Connecticut General, a Cigna company, administers the following programs to contain costs with respect to charges for health care service/supplies that are covered by the Plan. In administering these programs, Connecticut General contracts with vendors to perform program related services. Specific vendor fees are available upon request. Connecticut General’s charge for administering these programs is the percentage (indicated below) of either (1) the "net savings" (i.e. the difference between the charge that the provider would have made absent the program savings and the charge made as a result of the program savings, less the applicable vendor fee which generally ranges from 7-11% of the program savings) or (2) the "gross savings" (i.e. the difference between the charge that the provider would have made absent the program savings and the charge made as a result of the program savings; Connecticut General pays the applicable vendor fee) or (3) the "recovery" (i.e. the amount recovered) as applicable. For covered services received from non-Participating Providers, Connecticut General may apply discounts available under agreements with third parties or through negotiation of the billed charges. These programs are identified below as the Network Savings Program, Supplemental Network & Medical Bill Review (pre-payment). This is consistent with the claim administration practices applicable to Connecticut General's own health care insurance business when these programs are implemented. Connecticut General charges the percentage shown for administering these programs. Applying these discounts may result in higher payments than if the maximum reimbursable charge is applied. Whereas application of the maximum reimbursable charge may result in the patient being balance billed for the entire unreimbursed amount, applying these discounts avoids balance billing and substantially reduces the patient's out-of pocket cost. MEDICAL AND PHARMACY COST CONTAINMENT 1. Network Savings Program 29% of net savings 2. Supplemental Network 29% of net savings 3. Medical Bill Review – (Pre-payment Cost Containment for Non-contracted claims): Inpatient Hospital Bill Review • Line Item Analysis Lesser of 5% of hospital bill or the savings achieved • Professional Fee Negotiation 29% of net savings Outpatient Hospital Bill Review • Professional Fee Negotiation 29% of net savings • Line Item Analysis Re-pricing 29% of net savings Physician/Professional Bill Review 29% of net savings • Professional Fee Negotiation 29% of net savings • Line Item Analysis Re-pricing 29% of net savings 4. Medical Bill Review – (Pre or Post-payment Cost Containment for Non-contracted and Contracted claims): Attachment number 1 \nPage 17 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 18 A A A A • Bill Audit 29% of the savings/recovery achieved plus hospital fees or expenses passed through Diagnosis Related Grouping (DRG) Validation/Audits and Recovery. An overpayment audit and recovery program in which Connecticut General or its vendors review paid claim data to identify overpayments based on inaccurate DRG coding. 29% of recovery plus any fees or expenses passed through by the hospital or regulatory agency Inpatient Admission Retrospective Review 29% of recovery Medical Implant Device Audits 29% of recovery 5. COB Vendor Recoveries [Exclusive of pharmacy programs where claims are adjudicated at time prescription is received.] 29% of recovery 6. Secondary Vendor Recovery Program 29% of recovery 7. Provider Credit Balance Recovery Program 29% of recovery 8. High Cost Specialty Pharmaceutical Audits 29% of recovery 9. Pharmacy Vendor Recoveries 30% of recovery 10. Class Action Recoveries 35% of recovery CARE MANAGEMENT/COST CONTAINMENT PROGRAM FEES Connecticut General arranges for third parties to provide care management services to: (i) contain the cost of specified health care services/items overall with respect to all plans insured and/or administered by Connecticut General, and/or (ii) improve adherence to evidence based guidelines designed to promote patient safety and efficient patient care. Specific vendor fees and care management program services are available upon request. ELIGIBILITY OVERPAYMENT RECOVERY FEES Eligibility Overpayment Recovery Vendor Services. Identification and recovery of funds in situations where the overpayment is due to the late receipt of Member termination information. (This service is only provided with respect to Medical coverage). 29% of recovery Attachment number 1 \nPage 18 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 19 A A A A EXTERNAL REVIEW AND CONSULTATIVE REVIEW FEES External reviews by a third party may be required on a consultative basis as part of the internal appeal process, or pursuant to a formal external review following exhaustion of the internal review process. The cost of a specific third party review is dependent on the nature and complexity of the issue on appeal. In highly complex, non-routine cases or cases related to new technology or experimental-investigational treatment, as part of the internal appeal process a panel of reviewers may be necessary. Third party review charges will be commensurate with the number of reviewers (usually only one is used), as well as their level of expertise and time required to complete the review. $300-$4,000 Review STRATEGIC ALLIANCES Connecticut General contracts directly or indirectly with other managed care entities and third party network vendors for access to their provider networks and discounts. These third parties charge either a network access fee, which is included in Connecticut General's monthly charges, or a percentage of the savings realized on a claim by claim basis as a result of the application of their discounts. Charges based on percentage of savings are paid from the Bank Account. Additional details regarding specific charges will be provided upon request. All Medical Products OTHER VENDORS AND HEALTH CARE SERVICES PROVIDERS Capitation and fee-for-service charges for various vendors and other providers/arrangers of health care services and/or supplies will be paid as claims for Plan Benefits. Such payments will be at Connecticut General's applicable capitation or fee-for-service charges then in effect, which may be amended from time to time. Additional details regarding charges and the identity of the vendor or provider of health care services will be made available upon request. All Products NOTICE REGARDING PAYMENTS FROM THIRD PARTIES Unless indicated otherwise in the Schedule of Financial Charges, Connecticut General retains all payments it may receive from manufacturers of pharmaceutical products covered under the Plan. Information on the amount of such payments with respect to the Plan will be provided upon request. All Pharmacy Products From time to time, Connecticut General, directly or through its affiliates, contracts with third party parties (e.g., service vendors, provider network managers) for referring them to Employer or to provide various services (e.g., cost-containment initiatives) in connection with the Plan. Connecticut General and its affiliates may receive payments from such third parties for such referrals or to help defray expenses associated with implementing the services provided to the Plan. All Products Attachment number 1 \nPage 19 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 20 A A A A COMPLIANCE ASSISTANCE Connecticut General shall provide the following services to assist Employer in meeting its compliance obligations under section 2715 of the Public Health Service Act as added by the Patient Protection and Affordable Care Act and applicable regulations with respect to the provision of the Summary of Benefits (“SBC), translation notice and glossary. Applicable to all medical plans including HRA and FSA which are considered "group health plans" subject to the SBC requirements. 1. Preparation of SBC, translation notice. Connecticut General will not be responsible for any changes that Employer makes to the SBC. No charge 2. Provide SBC, translation notices prepared by Connecticut General to Employer electronically as well as any updates or material modifications. No charge 3. Include in SBC a summary of benefits administered by carve-out vendor if Employer or carve-out vendor provide Connecticut General with necessary carve-out benefit information at least 12 weeks prior to the date the SBCs are to be delivered to Employer. $500 for each benefit option under the Plan for which carve-out vendor benefits are included in SBC ADDITIONAL SERVICES Service Description Charge HIPAA Certificates Individual HIPAA certificates for Members who leave active coverage. $0.15/employee/month Included in Medical Administration Charge Comprehensive Maternity Program Cigna Healthy Pregnancies, Healthy Babies program is a comprehensive maternity management program. The goal of the program is to reduce the number of pre-term and underweight babies by promoting a healthy pregnancy. The program delivers education and telephonic support to pregnant women through the post-partum period. Nurses answer medical related questions and make suggestions for behavior changes and medical interventions aimed at improving the health of the mother and baby. Program support also covers preconception and infertility. Financial incentives are awarded to women at the completion of this self-referral program based on the trimester enrolled. Incentives Elected: Option 3: $150 – 1st Trimester/$ 75 – 2nd Trimester Included in the Medical Access fee Attachment number 1 \nPage 20 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 21 A A A A Comprehensive Oncology Program The Cigna Cancer Support Program - A program designed to deliver comprehensive oncology support targeting Members through all stages of cancer; from those newly diagnosed, in post cancer care, in active treatment and with or without complications and/or end of life status. The program addresses cancer prevention through education; providing assistance to Members in active treatment, utilizing evidence based clinical resources, development of survivorship plans for cancer survivors, and supporting Members and their families with end-of-life decisions if appropriate. Included in the Medical Access fee Pharmacy Clinical Program • Step Therapy Program-a prior authorization/step therapy program that encourages cost-effective clinically appropriate drug utilization and reduces costs by creating a sequence of "steps" in the choice of medication used to treat some common medical conditions. Included in Pharmacy Administration Charge Clinical Program • Cigna TheraCare® Program – a targeted condition drug therapy management program that targets individuals using specialty medications for certain chronic conditions and helps them better understand their condition, medication side effects and importance of adherence. Included at No Additional Cost Health Advisor – A Cigna Health Advisor focuses on engaging targeted Members related to a variety of wellness and prevention topics, and is designed to facilitate healthy behaviors and promote achievement of health-related goals. The program includes the following components: • Targeted health and wellness Coaching Outreach on program topics of focus to help drive behavior change and help Members reach established goals • Education & Referral Coaching on program topics with referral to appropriate internal and external resources available • Access to educational materials and web based Member tools and resources • Identification of gaps in care and outreach to Members to provide coaching for those identified with gaps for high cholesterol, high blood pressure • Support of Participants identified through predictive modeling with certain preference sensitive care conditions by supplying evidence based medical information, identifying Participants' preferences and values, and using the Shared Decision Making process to discuss potential benefits/ disadvantages of a specific course of action. • Answering health and medical related questions • Counseling Members on prevention, medical compliance • Health and wellness coaching on high blood pressure, high cholesterol, healthy eating, physical activity, prevention, and pre-diabetes using multiple coaching sessions, behavior modification techniques and other motivational interviewing and coaching styles to encourage behavior change that helps Members reach established goals. Included in Medical Access Fee Attachment number 1 \nPage 21 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 22 A A A A Your Health First A proactive health education and improvement program for those with a chronic condition. The program involves services that span across the Member’s health needs. Behavioral coaching principles and evidence based medicine guidelines are utilized to optimize self-management skills and foster sustained health improvements. The program targets a chronic population at high and moderate risk for near term and future high cost medical expenses. Members are identified as having a chronic condition through a variety of sources which may include: claims data, referrals, and self-identification. A variety of resources is provided to those with a chronic condition, including access to online tools, personalized support, and targeted materials. The program includes the following components for those with a chronic condition: • Chronic Condition-specific coaching • Pre- and post-discharge calls • Lifestyle management coaching: stress, weight management and tobacco cessation • Treatment decision support and coaching In order to continuously improve the effectiveness of our programs, a small sample of Members may be placed in a comparison group which receives alternative services for a limited period of time. For OAP: Included in Medical Access Fee Medical Conversion Privilege Converting Employee Resides in FL: Comprehensive, Base Plan/Major Medical & PPO Plans $20,000/conversion policy Attachment number 1 \nPage 22 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 23 Exhibit A - Plan Document A “Plan Booklet” that includes Plan Benefits and Members’ rights and responsibilities under the Plan will be provided by Employer to Connecticut General. If Employer has not provided Connecticut General with a copy of its finalized Plan Booklet by the time this Agreement is effective, Connecticut General will administer the Plan in accordance with the medical management and claims administration policies and procedures and/or practices then applicable to its own health insurance business and the definitions and other language contained in the draft version of the Plan Booklet provided by Connecticut General to Employer. Connecticut General will continue to administer the Plan in this manner until Connecticut General receives the finalized Plan Booklet and follows its preparation and review process. After that time Connecticut General will use the finalized Plan Booklet to administer Plan. Attachment number 1 \nPage 23 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 24 A A A A Exhibit B – Services BANKING AND ADMINISTRATION Products excluding Health Savings Account 1. Furnishing Connecticut General’s standard Bank Account activity data reports to Employer as and when agreed upon. Connecticut General’s administration of the Plan does not include performing obligations, if any, under state escheat or unclaimed property laws. It is Employer’s responsibility to determine the extent to which these laws may apply to the Plan and to comply with such laws. All Products 2. Report to Employer the claim payment information required in connection with Section 6041of the Internal Revenue Code. All Products 3. If Employer has elected, pursuant to section 63 of the New York Health Care Reform Act of 1996 (section 2807-t of the Public Health Law) ("the Act"), to pay the assessment on covered lives set forth in section 63 and has consented to the conditions set forth in section 63, Connecticut General shall file such forms and pay such assessment on covered lives on behalf of Employer through the Bank Account to the extent set forth in section 63. Such obligation shall end immediately upon Employer's failure to provide any information required by Connecticut General to fulfill this obligation, the failure to comply with any requirement imposed upon Employer pursuant to the Act or the failure of Employer to properly fund the Bank Account. In addition, where permitted, Connecticut General will file applicable forms and pay on behalf of Employer and/or the Plan any assessment, surcharge, tax or other similar charge which is required to be made by you or the Plan based on covered lives and/or paid claims or otherwise in accordance with and as required by other applicable state and/or federal laws and regulations and your bank account will be charged for any such payments made by Connecticut General. All Products CLAIM ADMINISTRATION Products excluding Health Savings Account 1. Calculate benefits, check and/or electronic payments disbursed from Employer’s Bank Account. Bank Account payments will appear in Employer’s standard Bank Account activity data reports. All Products 2. Prepare and make available Connecticut General’s standard claim forms. All Products 3. Investigate claims, as necessary, by Connecticut General’s Special Investigations Unit. All Products 4. Discuss claims, when appropriate, with providers of health services. All Products 5. Perform internal audits of plan benefit payments on a random sample basis. All Products 6. Claim control procedures reported annually in Statement on Standards for Attestation Engagements (SSAE) No. 16 Report (SAS70 successor report). All Products (excluding Vision) 7. Respond to Insurance Department complaints. All Products Attachment number 1 \nPage 24 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 25 A A A A 8. Dedicated toll-free telephone line for Member and Provider calls to Connecticut General Service Centers. All Products 9. Member Explanation of Benefit (“EOB”) statements including, when applicable, notice of denied claims, denial reason(s) and appeal rights. All Products 10. Verify enrollment and eligibility using Member information submitted by Employer and/or its authorized agent. All Products Medical Only 1. Connecticut General’s standard enrollment forms are prepared and delivered to Employer for distribution to individuals eligible to enroll in the Plan. All Medical Products 2. Connecticut General’s standard ID card with toll-free telephone number are prepared and mailed directly to Members. All Medical Products 3. Administration of subrogation/conditional Claim Payment (terms described in Exhibit E). All Medical Products Pharmacy Only 1. Connecticut General’s standard ID cards with toll-free telephone number are prepared and mailed directly to Members. All Pharmacy Products 2. Pharmacy claims are adjudicated typically on-line at time of service without access to information on other coverage, and therefore coordination of benefits (COB) for pharmacy claims does not occur. Claims for Plan Benefits will be paid regardless of coverage under another plan. All Pharmacy Products 3. Connecticut General’s standard drug utilization review services. All Pharmacy Products 4. Connecticut General may receive and retain payments under contracts with drug manufacturers with respect to utilization covered under the Employer’s medical benefit for the manufacturer’s specialty drugs, which are drugs that typically are injected or infused and derived from living cells; target an underlying rare, chronic or costly condition; and/or require restricted access and/or close monitoring. If Connecticut General enters into any such contracts, it does so on its own behalf, and not as agent of the Employer or the Plan. All Pharmacy Products DOCUMENT PRODUCTION Products excluding Health Savings Account Prepare Member benefit booklet drafts to Employer. All Products UNDERWRITING SERVICES 1. 5500 Schedule C reporting. All Products 2. 5500 Schedule A or Annual Reconciliation Disclosure reporting (when applicable) All Products 3. Connecticut General’s standard Underwriting services: a) benefit design analysis b) projected cost analysis. All Products Attachment number 1 \nPage 25 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 26 A A A A HIPAA INDIVIDUAL RIGHTS Products excluding Health Savings Account Handling of requests from Members for access to, amendment and accounting of protected health information, and requests for restrictions and alternative communications as required under federal HIPAA law and regulations, as set out in this Agreement and its Exhibits. All Products COST CONTAINMENT 1. Maximum reimbursable charge determinations of non-Participating Provider charges for covered services. All Medical Products (with out-of-network benefits) 2. Connecticut General’s standard cost containment controls: Application of non-duplication and coordination of benefits rules and coordination with Medicare. All Medical Products 3. Delivery of information, as necessary, regarding standard application of non-duplication or coordination of benefits. All Medical Products 4. Review of medical bills in accordance with Connecticut General’s then current Medical Bill Review program. All Medical Products 5. Network Savings Program, a national vendor network that provides discounted rates when a Member accesses care through a Network Savings Program contracted provider. All Medical Products 6. Annual reporting of Connecticut General’s standard cost containment results upon Employer’s request. All Medical Products 7. Pharmacy Vendor Recoveries. All Pharmacy Products CUSTOMER REPORTING 1. Summary reports of medical and pharmacy cost and utilization experience are available through Cigna's web site, CignaAccess.com. All Medical and Pharmacy Products 2. Connecticut General’s standard pharmacy utilization reports. Pharmacy Product Only 3. Claim Reporting: Connecticut General will provide its standard reports and information based upon paid claim data only. Connecticut General will not provide information on incurred-but-not reported claims, projected claims, pre-certifications of coverage, case management information or information on a Member’s prognosis or course of treatment. Stop Loss Reporting is an optional service provided at an additional fee to Employers who have stop loss through another entity other than Connecticut General. Connecticut General will provide its standard reporting only after the stop loss carrier and Employer have executed Connecticut General’s standard Hold Harmless/Confidentiality Agreement. All Medical Products Attachment number 1 \nPage 26 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 27 A A A A MEMBER EXTERNAL REVIEW PROGRAM Connecticut General contracts with three (3) independent review organizations that meet the Patient Protection and Affordable Care Act (PPACA) external review requirements. Members may appeal eligible claims to an external independent review organization which is selected by Connecticut General on a random basis. If Employer has chosen not to participate in this program, the Employer may be responsible for making other arrangements to meet the Patient Protection and Affordable Care Act (PPACA) external review requirements. All Medical Products MEDICAL MANAGEMENT SERVICES Connecticut General provides integrated medical management that includes (depending upon the terms of the Plan) the following core services. 1. Pre-Admission Certification and Continued Stay Review (PAC/CSR) services to certify coverage of acute and sub-acute inpatient admissions/stays or provides guidance to appropriate alternative settings. Administered in accordance with Connecticut General’s then applicable medical management and claims administration policies, practices and procedures. All Medical Products 2. Case Management and Retrospective Review of Inpatient Care, a service designed to provide assistance to a Member who is at risk of developing medical complexities or for whom a health incident has precipitated a need for rehabilitation or additional health care support. All Medical Products 3. Assisting providers with resources and tools to enable them to develop long term treatment plans in the management of chronic or catastrophic cases. All Medical Products 4. The Cigna HealthCare Healthy Babies® Program is a one time educational mailing which provides Participants with prenatal care education and resources to help them better manage their pregnancy. All Medical Products 5. HealthCare Cost and Quality tools on myCigna.com All Medical Products 6. A panel of physicians and other clinicians to assess the safety and effectiveness of new and emerging medical technologies. The panel meets monthly to review and update coverage policies. All Medical Products 7. Cigna HealthCare 24-Hour Health Information LineSM a service that provides 24 hour toll free access to registered nurses who provide answers to healthcare questions, recommend appropriate settings for care and assist Participants in locating physicians. It also includes access to an extensive audio library on a wide range of medical topics. All Medical Products 8. Cigna LifeSOURCE Transplant Network® contracts with over six-hundred (600) transplant programs at more than one-hundred forty five independent transplant facilities and provides access to solid organ and bone marrow/stem cell transplantation while improving cost containment and reducing financial risk. All Medical Products 9. A health education program that delivers mailings to Members with certain conditions. All Medical Products Except Comprehensive and Indemnity Attachment number 1 \nPage 27 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 28 A A A A 10. Implementing clinical quality measurements, managing data, tracking and validating performance and initiating continuous quality improvement. All Medical Products Except Comprehensive and Indemnity 11. Transition of care services to allow Members with defined conditions to continue treatment with non-Participating Providers after enrollment for continued uninterrupted care for a limited time. All Medical Products Except Comprehensive and Indemnity 12. Focused utilization management of outpatient procedures and identification of appropriate alternatives. Administered in accordance with Connecticut General’s then applicable medical management and claims administration policies, practices and procedures. All Medical Products with PHS Plus NETWORK MANAGEMENT SERVICES Connecticut General, and/or its affiliates shall: 1. Provide or arrange access to the applicable network of Participating Providers to furnish health care services/products to Members at negotiated rates and methods of reimbursement (e.g. fee-for service, capitation, per diem charges, incentive bonuses, case rates, withholds etc.). The amount and type of negotiated reimbursement may vary depending upon the type of plan. For example, a hospital may accept less for patients enrolled in certain types of plans than others; All Medical Products 2. Credential and re-credential Participating Providers in accordance with Connecticut General’s credentialing requirements and ensure that third-party network vendors credential/re-credential Participating Providers in accordance with Connecticut General’s requirements; All Medical Products 3. Review Participating Provider compliance with protocols and procedures for quality, Participant satisfaction, and grievance resolution; All Medical Products 4. Facilitate the identification of Participating Providers by Members; and All Medical Products 5. Dedicated toll-free telephone line for Member and Provider calls to Connecticut General Service Centers. All Medical Products Attachment number 1 \nPage 28 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 29 A A A A CIGNA STAFF MODEL HEALTHPLAN SERVICES The Cigna HealthCare of Arizona, Inc. staff model (“Cigna Medical Group”) is a Participating Provider located in metropolitan Phoenix, Arizona. Plan Participants may at some time receive treatment from a Cigna Medical Group ("CMG") facility or provider even if they do not reside in Arizona (as when traveling). Participants utilizing the IPA network will access certain specialty and/or ancillary services (including laboratory and urgent care services) through the CMG system. Lab services are not provided by CMG for Participants in PPO or EPO plans. Except as provided below, for services provided to Participants, CMG is paid at the rates in effect at the time of service (as may be revised from time to time). Representative rates for routinely performed services are attached. A complete copy of the rates is available on request under a mutually agreed nondisclosure agreement (NDA). If the Plan requires Participants to select a primary care physician (PCP), Phoenix area Participants who do not select a PCP during open enrollment are assigned to a CMG PCP. CMG is paid a monthly primary care capitation amount for those Phoenix area Participants who select or are assigned to a CMG PCP. Charges will appear in Employer’s standard Bank Account activity data reports at the rates in effect at the time of payment. Primary care capitation charges are age/sex adjusted and may be revised from time to time. A primary care capitation rate grid and a list of the services included in the capitation are available upon request under a mutually agreed NDA. Primary care services rendered to Participants in Open Access Plans that do not provide for PCP assignment are paid at the rates then in effect, as described above. All Medical Products Attachment number 1 \nPage 29 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 30 CIGNA HEALTHCARE OF ARIZONA - CIGNA MEDICAL GROUP (CMG) REPRESENTATIVE RATES FOR ROUTINELY PERFORMED MEDICAL SERVICES EFFECTIVE OCTOBER 1, 2012 (Applicable to all Open Access Plus Products) CPT Service Code Service Description Rates 45330 Sigmoidoscopy, flexible; Diagnostic (combined rate, includes facility fee $485.00) $557.97 45378 Diagnostic Colonoscopy (combined rate, includes facility fee $650) $907.75 71020 Chest X-Ray, Pa & Lat $30.38 74000 Abdomen X-Ray (Kub) $24.57 80053 Comprehensive Metabolic Panel $14.87 80061 Cardiac Risk $18.85 82565 Creatinine; Blood $7.22 82947 Glucose, Serum $5.52 84075 Phosphatase, Alkaline,Blood $7.28 84443 Tsh, Assay $23.64 84450 Sgot (Ast) Transaminase $7.28 84520 Bun (Urea Nitrogen)Assay $5.56 85025 CBC and Differential $9.03 87086 Culture, Urine, Colony Ct $11.36 88164 Cytopathology, Slides $14.87 88305 Surg Path, Gross and Micro $104.59 92014 Eye Exam & Treatment $109.35 92567 Tympanometry $15.62 93000 Electrocardiogram, Complete $21.86 94760 Oximetry Single Determination $2.47 95115 Allergy Injection, Single $9.69 95117 Allergy Injection, Multiple $11.85 99211 Office Visit, Est Min (Md Or Non-Md) $19.21 99212 Office Visit, Est Prob Focused $39.18 99213 Office Visit, Est Exp Prob Foc $65.80 99214 Office Visit, Est Detailed $98.58 99231 Subsequent Hospital Care $38.26 99242 Office Consult, Exp Prob Focused, 30 Minutes $92.15 99395 Well Exam, Est, 18-39 Years $94.20 99396 Well Exam, Est, 40-64 Years $102.94 G0202 Mammogram, Screening (Bilateral) Digital $129.54 77052 Add on for iCad $11.48 Attachment number 1 \nPage 30 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 31 The Urgent Care case rate excluding radiology and laboratory services is $115. The CMG CareToday (CMG low acuity clinics) visit rate is $59. Lab tests performed at the CMG CareToday facilities are $10 per service. A complete list of rates for CMG CareToday services is available on request. ASC (Ambulatory surgical center) grouper rates based on 2006 Medicare for facility component of outpatient surgery services: Group 1 - $485 Group 2 - $650 Group 3 - $740 Group 4 - $900 Group 5 - $950 Group 6 - $1100 Group 7 - $1420 Group 8 - $1400 Group 9 - $1200 Unlisted - $740 CMG pharmacy rates: Brand Name: AWP – 10.56% + $2.75 dispensing fee Generic: If MAC pricing is available then MAC +$2.75 If no MAC price available then AWP – 15% + $2.75 dispensing fee Plan charges are reduced by any applicable copayment, coinsurance and/or deductible for service. Services not identified by CPT code or codes without established RVUs are reimbursed at the 50th Percentile of the Arizona Regional Medicode Schedule. Attachment number 1 \nPage 31 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 32 Exhibit C – Claim Audit Agreement (Sample) A. WHEREAS, Connecticut General Life Insurance Company ("Connecticut General") desires to cooperate with requests by (" Employer") to permit an audit for the purposes set forth below; and B. WHEREAS, ("Auditor") has been retained by Employer for the purpose of performing an audit ("Audit") of claims administered by Connecticut General. C. WHEREAS, the Auditor and the Employer recognize Connecticut General's legitimate interests in maintaining the confidentiality of its claim information, protecting its business reputation, avoiding unnecessary disruption of its claim administration, and protecting itself from legal liability; NOW THEREFORE, IN CONSIDERATION of the premises and the mutual promises contained herein, Connecticut General, the Employer and the Auditor hereby agree as follows: 1. Audit Specifications The Auditor will specify to Connecticut General in writing at least forty-five (45) days prior to the commencement of the Audit the following "Audit Specifications": a. the name, title and professional qualifications of individual Auditors; b. the Claim Office locations, if any, to be audited; c. the Audit objectives; d. the scope of the Audit (time period, lines of coverage and number of claims); e. the process by which claims will be selected for audit; f. the records/information required by the Auditor for purposes of the Audit; and g. the length of time contemplated as necessary to complete the Audit. 2. Review of Specifications Connecticut General will have the right to review the Audit Specifications and to require any changes in, or conditions on, the Audit Specifications which may be necessary to protect Connecticut General's legal and business interests identified in paragraph C above. 3. Access to Information Connecticut General will make the records/information called for in the Audit Specifications available to the Auditor at a mutually acceptable time and place. 4. Audit Report The Auditor will provide Connecticut General with a true copy of the Audit's findings, as well as the Audit Report, if any, that is submitted to the Employer. Such copies will be provided to Connecticut General at the same time that the Audit findings and the Audit Report are submitted to the Employer. 5. Comment on Audit Report Connecticut General reserves the right to provide the Auditor and the Employer with its comments on the findings and, if applicable, the Audit Report. Attachment number 1 \nPage 32 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 33 6. Confidentiality The Auditor understands that Connecticut General is permitting the Auditor to review the claim records/information solely for purposes of the Audit. Accordingly, the Auditor will ensure that all information pertaining to individual claimants will be kept confidential in accordance with all Applicable Laws and/or regulations. Without limiting the generality of the foregoing, the Auditor specifically agrees to adhere to the following conditions: a. The Auditor shall not make photocopies or remove any of the claim records/information without the express written consent of Connecticut General; b. The Auditor agrees that its Audit Report or any other summary prepared in connection with the Audit shall contain no individually identifiable information. 7. Restricted Use of the Audit Information With respect to persons other than the Employer, the Auditor will hold and treat information obtained from Connecticut General during the Audit with the same degree and standard of confidentiality owed by the Auditor to its clients in accordance with all applicable legal and professional standards. The Auditor shall not, without the express written consent of Connecticut General executed by an officer of Connecticut General, disclose in any manner whatsoever, the results, conclusions, reports or information of whatever nature which it acquires or prepares in connection with the Audit to any party other than the Employer except as required by Applicable Law. The Employer and Auditor agree to indemnify and to hold harmless Connecticut General for any and all claims, costs, expenses and damages which may result from any breaches of the Auditor's obligations under paragraphs 6 and 7 of this Agreement or from Connecticut General’s provision of information to the Auditor. The Employer authorizes Connecticut General to provide to the designated Auditor the necessary information to perform the audit in a manner consistent with all Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Privacy Standards and in compliance with the signed Business Associate Agreement (“BAA”). 8. Termination Connecticut General may terminate this agreement with prior written notice. The obligations set forth in Sections 4 through 7 shall survive termination of this agreement. Attachment number 1 \nPage 33 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 34 Connecticut General Life Insurance Company By: TO BE SIGNED AT TIME OF AUDIT Duly Authorized Print Name: __________________________ Title: ________________________________ Date: ________________________________ Employer: _________________________ By: TO BE SIGNED AT TIME OF AUDIT Duly Authorized Print Name: ___________________________ Title: ________________________________ Date: ________________________________ Auditor: _________________________ By: TO BE SIGNED AT TIME OF AUDIT Duly Authorized Print Name: __________________________ Title: ________________________________ Date: __________________________________ Attachment number 1 \nPage 34 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 35 Exhibit D – Privacy Addendum (“Business Associate Agreement”) I. GENERAL PROVISIONS Section 1. Effect. As of the Effective Date, the terms and provisions of this Addendum are incorporated in and shall supersede any conflicting or inconsistent terms and provisions of (as applicable) the Administrative Services Only Agreement and/or Flexible Spending Account or Reimbursement Accounts Administrative Services Agreement to which this Addendum is attached, including all exhibits or other attachments to, and all documents incorporated by reference in, any such applicable agreements (individually and collectively any such applicable agreements are referred to as the “Agreement”). This Addendum sets out terms and provisions relating to the use and disclosure of Protected Health Information (“PHI”) without written authorization from the Individual. Section 2. Amendment to Comply with Law. Connecticut General, Employer (also referred to as “Plan Sponsor”) and the group health plan that is the subject of the Agreement (also referred to as the “Plan”) agree to amend this Addendum to the extent necessary to allow either the Plan or Connecticut General to comply with Applicable Laws and regulations including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 and its implementing Administrative Simplification regulations (45 C.F.R. Parts 142, 160, 162 and 164) (“HIPAA”), also known as the HIPAA Standards for Electronic Transactions, the HIPAA Security Standards, and the HIPAA Privacy Rule; the Health Information Technology for Economic and Clinical Health Act, which was included in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5 (“ARRA”)) and its implementing regulations and guidance (“HITECH”). Section 3. Definitions. Certain capitalized terms used in this Addendum are defined in Article V. Terms used in this Addendum shall have the meanings ascribed to them by HIPAA and HITECH including their respective implementing regulations and guidance. If the meaning of any term defined herein is changed by regulatory or legislative amendment, then this Addendum will be modified automatically to correspond to the amended definition. All capitalized terms used herein that are not otherwise defined have the meanings described in HIPAA and HITECH. A reference in this Addendum to a section in the HIPAA Privacy Rule, HIPAA Security Rule, or HITECH means the section then in effect, as amended. II. OBLIGATIONS OF CONNECTICUT GENERAL Section 1. Use and Disclosure of PHI. Connecticut General may use and disclose PHI only if such use or disclosure is permitted or required by the HIPAA Privacy Rule, including the applicable provisions of 45 C.F.R. §164.504(e), is required to satisfy its obligations or is permitted under the Agreement, and/or is permitted or required by law, but shall not otherwise use or disclose any PHI. Connecticut General shall not use or disclose, and shall ensure that its directors, officers and employees do not use or disclose, PHI in any manner that would constitute a violation of the HIPAA Privacy Rule or HITECH if done by the Plan, except that Connecticut General may use and disclose PHI as permitted under the HIPAA Privacy Rule (i) for the proper management and administration of Connecticut General, (ii) to carry out the legal responsibilities of Connecticut General or (iii) to provide Data Aggregation services relating to the health care operations of the Plan if such services are required under the Agreement. Attachment number 1 \nPage 35 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 36 Section 2. Receiving Remuneration in Exchange for PHI Prohibited. Effective for exchanges occurring on or after the date that is six (6) months after the date of the promulgation of final regulations by the Secretary implementing Section 13405(d) of HITECH, Connecticut General shall not directly or indirectly receive remuneration in exchange for any PHI of an Individual, unless the Plan obtained from the Individual, in accordance with 45 C.F.R. §164.508, a valid authorization that, in accordance with such section, specifies whether the PHI can be further exchanged for remuneration by the entity receiving PHI of that Individual, unless the purpose of the exchange is: (A) For public health activities (as described in 45 C.F.R. §164.512(b)); (B) For research (as described in 45 C.F.R. §§164.501 and 164.512(i)) and the price charged reflects the costs of preparation and transmittal of the data for such purpose; (C) For the treatment of the Individual, subject to any applicable regulation preventing PHI from inappropriate access, use, or disclosure; (D) The health care operation specifically described in the definition of health care operations in 45 C.F.R. §164.501(6)(iv); (E) For remuneration provided by the Plan to Connecticut General for activities involving the exchange of PHI that Connecticut General undertakes on behalf of and at the request of the Plan pursuant to the Agreement and this Addendum; (F) To provide an Individual with a copy of his or her PHI pursuant to 45 C.F.R. §164.524; or (G) Otherwise determined by regulations of the Secretary to be similarly necessary and appropriate as the exceptions described in subsections (A) through (F), above. Section 3. Limited Data Set or Minimum Necessary Standard and Determination. Connecticut General shall, to the extent practicable, limit its use, disclosure, or request of Individuals’ PHI to the Limited Data Set (as defined in 45 C.F.R. §164.514(e)(2)) or, if needed by Connecticut General, to the minimum necessary amount of Individuals’ PHI to accomplish the intended purpose of such use, disclosure, or request and to perform its obligations under the underlying Agreement and this Addendum. Connecticut General shall determine what constitutes the minimum necessary to accomplish the intended purpose of such disclosure. Connecticut General’s obligations under this Section 3 shall be subject to modification to comply with future guidance to be issued by the Secretary. Section 4. Security Standards. As required by HITECH Section 13401(a), Connecticut General shall comply with the administrative, physical, and technical safeguards and standards set out in 45 C.F.R. §164.308, §164.310, and §164.312, and with the policies and procedures and documentation requirements set out in 45 C.F.R. §164.316. On and after the effective date of final regulations issued by the Secretary requiring Connecticut General’s compliance with 45 C.F.R. §164.314, Connecticut General shall comply with the organizational requirements set forth at 45 C.F.R. §164.314, to the extent applicable. Attachment number 1 \nPage 36 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 37 Section 5. Protection of Electronic PHI. With respect to Electronic PHI, Connecticut General shall: (A) Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic PHI that Connecticut General creates, receives, maintains, or transmits on behalf of the Plan as required by the Security Standards; (B) Ensure that any agent, including a subcontractor, to whom Connecticut General provides such information agrees to implement reasonable and appropriate safeguards to protect it; and, (C) Report to the Plan any Security Incident of which it becomes aware. Section 6. Reporting of Violations. Connecticut General shall report to the Plan any use or disclosure of PHI not provided for by this Addendum of which it becomes aware. Connecticut General agrees to mitigate, to the extent practicable, any harmful effect from a use or disclosure of PHI in violation of this Addendum of which it is aware. Section 7. Security Breach Notification. Connecticut General will notify the Plan of a Breach without unreasonable delay. This notification will include, to the extent known: i. the names of the individuals whose PHI was involved in the Breach; ii. the circumstances surrounding the Breach; iii. the date of the Breach and the date of its discovery; iv. the information Breached; v. any steps the impacted individuals should take to protect themselves; vi. the steps Connecticut General is taking to investigate the Breach, mitigate losses, and protect against future Breaches; and, vii. a contact person who can provide additional information about the Breach. For purposes of discovery and reporting of Breaches, Connecticut General is not the agent of the Plan or the Employer (as “agent” is defined under common law). Connecticut General will investigate Breaches, assess their impact under applicable state and federal law, including HITECH, and make a recommendation to the Plan as to whether notification is required pursuant to 45 C.F.R. §§164.404-408 and/or applicable state breach notification laws. With the Plan’s prior approval, Connecticut General will issue notices to such individuals, state and federal agencies - including the Department of Health and Human Services, and/or the media as the Plan is required to notify pursuant to, and in accordance with the requirements of Applicable Law (including 45 C.F.R. §§164.404-408). Connecticut General will pay the costs of issuing notices required by law and other remediation and mitigation which, in Connecticut General’s discretion, are appropriate and necessary to address the Breach. Connecticut General will not be required to issue notifications that are not mandated by Applicable Law. Connecticut General shall provide the Plan with information necessary for the Plan to fulfill its obligation to report Breaches affecting fewer than 500 Individuals to the Secretary as required by C.F.R. §164.408(c). Section 8. Disclosures to and Agreements by Third Parties. Connecticut General shall ensure that each agent and subcontractor to whom it provides PHI agrees to the same restrictions and conditions with respect to such PHI that apply to Connecticut General pursuant to this Addendum. Attachment number 1 \nPage 37 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 38 Section 9. Access to PHI. Connecticut General shall provide an Individual with access to such Individual's PHI contained in a Designated Record Set in response to such Individual's request in the manner and time required in 45 C.F.R. §164.524. Section 10. Availability of PHI for Amendment. Connecticut General shall respond to a request by an Individual for amendment to such Individual’s PHI contained in a Designated Record Set in the manner and time required in 45 C.F.R. §164.526, except that the Plan shall handle any requests for amendment of PHI originated by the Plan, Plan Sponsor or the Plan’s other business associates, such as enrollment information. Section 11. Modifications to Individual Rights and Accounting of Disclosures. Connecticut General shall comply with, and shall assist the Plan in complying with, responding to Individuals’ requests to restrict the uses and disclosures of their PHI under 45 C.F.R. §164.522. This shall include complying with valid requests to restrict the disclosure of certain PHI in accordance with Section 13405(A) of the HITECH Act. As required by HITECH, Connecticut General shall provide Individuals with access to certain PHI in electronic form. Connecticut General shall provide an accounting of disclosures of PHI to an Individual who requests such accounting in the manner and time required in 45 C.F.R. §164.528. Section 12. Requests for Privacy Protection. Connecticut General shall handle requests by an Individual for privacy protection for such Individual’s PHI pursuant to the requirements of 45 C.F.R. §164.522. Section 13. Processes and Procedures. In carrying out its duties set forth in Article II, Sections 9 – 12, above, Connecticut General will implement the Standard Business Associate Processes and Procedures (the “Processes and Procedures”) attached hereto for requests from Individuals, including the requirement that requests be made in writing, the creation of forms for use by Individuals in making such requests, and the setting of time periods for the Plan to forward to Connecticut General any such requests made directly to the Plan or Plan Sponsor. In addition, Connecticut General will implement the Processes and Procedures relating to disclosure of PHI to Plan Sponsor or designated third parties. Section 14. Availability of Books and Records. Connecticut General hereby agrees to make its internal practices, books and records relating to the use and disclosure of PHI received from, or created or received by Connecticut General on behalf of the Plan, available to the Secretary for purposes of determining the Plan's compliance with the Privacy Rule. III. TERMINATION OF AGREEMENT WITH CONNECTICUT GENERAL Section 1. Termination Upon Breach of Provisions Applicable to PHI. Any other provision of the Agreement notwithstanding, the Agreement may be terminated by the Plan upon prior written notice to Connecticut General in the event that Connecticut General materially breaches any obligation of this Addendum and fails to cure the breach within such reasonable time as the Plan may provide for in such notice; provided that in the event that termination of the Agreement is not feasible, in the Plan’s sole discretion, the Plan shall have the right to report the breach to the Secretary. If Connecticut General knows of a pattern of activity or practice of the Plan, that constitutes a material breach or violation of the Plan’s duties and obligations under this Addendum, Connecticut General shall provide a reasonable period of time, as agreed upon by the parties, for the Plan to cure the material breach or violation. Provided, however, that, if the Plan does not cure the material breach or violation within such agreed upon time period, Connecticut General shall terminate the Agreement, if feasible, at the end of such period. Attachment number 1 \nPage 38 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 39 Section 2. Use of PHI upon Termination. The parties hereto agree that it is not feasible for Connecticut General to return or destroy PHI at termination of the Agreement; therefore, the protections of this Addendum for PHI shall survive termination of the Agreement, and Connecticut General shall limit any further uses and disclosures of such PHI to the purpose or purposes which make the return or destruction of such PHI infeasible. IV. OBLIGATION OF THE PLAN The Plan will not request Connecticut General to use or disclose PHI in any manner that would not be permissible under HIPAA or HITECH if done by the Plan. V. DEFINITIONS FOR USE IN THIS ADDENDUM “Breach” means the unauthorized acquisition, access, use, or disclosure of Unsecured PHI which compromises the security or privacy of such information, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information. A Breach does not include any unintentional acquisition, access, or use of PHI by an employee or individual acting under the authority of Connecticut General if such acquisition, access, or use was made in good faith and within the course and scope of the employment or other professional relationship of such employee or individual with Connecticut General; any inadvertent disclosure from an individual who is otherwise authorized to access PHI at a facility operated by Connecticut General to another similarly situated individual at the same facility; and such information is not further acquired, accessed, used, or disclosed without authorization by any person. "Designated Record Set" shall have the same meaning as the term "designated record set" as set forth in the Privacy Rule, limited to the enrollment, payment, claims adjudication, and case or medical management record systems maintained by Connecticut General for the Plan, or used, in whole or in part, by Connecticut General or the Plan to make decisions about Individuals. "Effective Date" shall mean the earliest date by which the Plan is required to have executed a Business Associate Agreement with Connecticut General pursuant to the requirements of Applicable Law. "Electronic Protected Health Information" shall mean PHI that is transmitted by or maintained in electronic media as that term is defined in 45 C.F.R. §160.103. “Limited Data Set” shall have the same meaning as the term “limited data set” as set forth in as defined in 45 C.F.R. §164.514(e)(2). "Protected Health Information" or "PHI" shall have the same meaning as set forth at 45 C.F.R. §160.103. "Secretary" shall mean the Secretary of the United States Department of Health and Human Services. "Security Incident" shall have the same meaning as the term "security incident" as set forth in 45 C.F.R. §164.304. “Unsecured Protected Health Information” shall mean PHI that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in the guidance issued under Section 13402(h)(2) of ARRA. Attachment number 1 \nPage 39 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 40 Connecticut General Life Insurance Company Standard Business Associate Processes and Procedures These Standard Business Associate Processes and Procedures apply to each self-funded group health plan (“Plan”) of an entity (“Plan Sponsor”) that has entered or will enter into an Administrative Services Only Agreement, Flexible Spending Account or Reimbursement Accounts Administrative Services Agreement and/or Continuation Coverage Services Agreement (collectively, as applicable, the “Administrative Services Agreement”) with Connecticut General Life Insurance Company (“Connecticut General”). The Plan and Connecticut General are parties to a Business Associate Agreement/Privacy Addendum. Unless otherwise defined, capitalized terms have the meaning provided therein, or if not defined in such agreement, as defined in 45 C.F.R. parts 142, 160, 162 and 164 (“HIPAA”), also known as the HIPAA Standards for Electronic Transactions, the HIPAA Security Standards, and the HIPAA Privacy Rule and/or the Health Information Technology for Economic and Clinical Health Act, which was included in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5 (“ARRA”)). Section 1. Access to PHI. When an Individual requests access to PHI contained in a Designated Record Set and such request is made directly to the Plan or Plan Sponsor, the Plan shall forward the request to Connecticut General within five (5) business days of such receipt. Upon receipt of such request from the Plan, or upon receipt of such a request directly from an Individual, Connecticut General shall make such PHI available directly to the Individual within the time and manner required in 45 C.F.R. §164.524. The Plan delegates to Connecticut General the duty to determine, on behalf of the Plan, whether to deny access to PHI requested by an Individual and the duty to provide any required notices and review in accordance with the HIPAA Privacy Rule. Section 2. Availability of PHI for Amendment. (a) When an Individual requests amendment to PHI contained in a Designated Record Set, and such request is made directly to the Plan or Plan Sponsor, within five (5) business days of such receipt, the Plan shall forward such request to Connecticut General for handling, except that the Plan shall retain and handle all such requests to the extent that they pertain to Individually Identifiable Health Information (such as enrollment information) originated by the Plan, Plan Sponsor, or the Plan’s other business associates. Connecticut General shall respond to such forwarded requests as well as to any such requests that it receives directly from Individuals as required by 45 C.F.R. §164.526, except that Connecticut General shall forward to the Plan for handling any requests for amendment of PHI originated by the Plan, Plan Sponsor, or the Plan’s other business associates. (b) With respect to those requests handled by Connecticut General under subparagraph (a) above, the Plan delegates to Connecticut General the duty to determine, on behalf of the Plan, whether to deny a request for amendment of PHI and the duty to provide any required notices and review as well as, in the case of its determination to grant such a request, the duty to make any amendments in accordance with the terms of the Privacy Rule. In all other instances, the Plan retains all responsibility for handling such requests, including any denials, in accordance with the HIPAA Privacy Rule. (c) Whenever Connecticut General is notified by the Plan that the Plan has agreed to make an amendment pursuant to a request that it handles under subparagraph (a) above, Connecticut General shall incorporate any such amendments in accordance with 45 C.F.R. §164.526. Attachment number 1 \nPage 40 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 41 Section 3. Accounting of Disclosures. When an Individual requests an accounting of disclosures of PHI held by Connecticut General directly to the Plan or Plan Sponsor, the Plan shall within five (5) business days of such receipt forward the request to Connecticut General to handle. Connecticut General shall handle such requests, and any such requests for an accounting of disclosures received directly from Individuals, in the time and manner as required in 45 C.F.R. §164.528. Section 4. Requests for Privacy Protection. Connecticut General shall handle Individuals’ requests made to it for privacy protection for PHI in Connecticut General’s possession pursuant to the requirements of 45 C.F.R. §164.522. The Plan shall forward to Connecticut General to handle any such requests the Plan receives from Individuals that affect PHI held by Connecticut General. Section 5. General Provisions Regarding Requests. Connecticut General may require that requests pursuant to Sections 1 through 4 above be made in writing and may create forms for use by Individuals in making such requests. When responding to an Individual’s request as provided above, Connecticut General may inform the Individual that there may be other “protected health information” created or maintained by the Plan and/or the Plan’s other business associates and not included in the Connecticut General’s response. Connecticut General shall not be responsible for performing any duties described in the Business Associate Agreement with respect to any such other “protected health information.” In carrying out its duties set forth herein, Connecticut General may establish such additional procedures and processes for requests from Individuals as permitted by the Privacy Rule. Section 6. Disclosure of PHI to the Plan Sponsor. To the extent that the fulfillment of Connecticut General’s obligations under the Administrative Services Agreement requires Connecticut General to disclose or provide access to PHI to Plan Sponsor or any person under the control of Plan Sponsor (including third parties), Connecticut General shall make such disclosure of or provide such access to PHI only as follows: (i) Connecticut General shall disclose Summary Health Information to any employee or other person under the control of Plan Sponsor (including third parties) upon the Plan Sponsor's written request for the purpose of obtaining premium bids for the provision of health insurance or HMO coverage for the Plan or modifying, amending or terminating the Plan; and (ii) If the Plan elects to provide PHI to the Plan Sponsor, Connecticut General shall disclose or make available PHI, other than Summary Health Information, at the written direction of the Plan to only those employees or other persons identified in the Plan documents and under the control of Plan Sponsor solely for the purpose of carrying out the Plan administration functions that Plan Sponsor performs for the Plan. Such employees or other persons (including third parties) will be identified by the Plan in writing (by name, title, or other appropriate designation) to Connecticut General as a condition of disclosure of PHI pursuant to this Section 6(ii). The Plan may modify such list from time to time by written notice to Connecticut General. Section 7. Disclosures of PHI to Third Parties. Upon the Plan’s written request, Connecticut General will provide PHI to certain designated third parties who assist in administering the Plan and who are authorized by the Plan to receive such information solely for the purpose of assisting in carrying out Plan administration functions (“Designated Third Parties”). Such parties may include, but are not limited to, third-party administrators, consultants, brokers, auditors, successor administrators or insurers, and stop-loss carriers. As a condition to providing PHI to a Designated Third Party, Connecticut General may require that the Plan have a business associate agreement (within the meaning of the Privacy Rule) with such Designated Third Party. Attachment number 1 \nPage 41 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 42 Exhibit E – Conditional Claim/Subrogation Recovery Services I. Plans Without Connecticut General Stop Loss Coverage If Employer has not purchased individual or aggregate stop loss coverage from Connecticut General or an affiliate with respect to its self-funded employee welfare benefit plan: A. All conditional claim payment and/or subrogation recoveries under the Plan will be handled by the entity checked below; __ Employer An independent recovery vendor whose name and address follow: Connecticut General and its subcontractor(s) B. If Employer has designated Connecticut General and its subcontractors to act as its recovery agent in paragraph I.A. above, then: i. Employer hereby confers upon Connecticut General and its subcontractors’ discretionary authority to reduce recovery amounts by as much as fifty percent (50%) of the total amount of benefits paid on Employer's behalf, and to enter into binding settlement agreements for such amounts. ii. In the event a settlement offer represents a reduction greater than the percentage identified above, Connecticut General and its subcontractors should seek settlement advice from: Name: Title: Address: Telephone: iii. All amounts reimbursed to Employer’s Bank Account shall be refunded at the gross amount. Connecticut General’s and it subcontractors’ subrogation administration fee on cases where Connecticut General and its subcontractors’ have retained counsel and in cases where no counsel has been retained by Connecticut General and its subcontractors are both reflected in the Schedule of Financial Charges. C. Except where agreed to by Connecticut General and Employer, Connecticut General and its subcontractors shall have no duty or obligation to represent Employer in any litigation or court proceeding involving any matter which is the subject of this Agreement, but shall make available to Employer and/or Employer's counsel such information relevant to such action or proceeding as Connecticut General and its subcontractors may have as a result of its handling of any matter under this Agreement. D. In the event Employer purchases individual or aggregate stop loss coverage from Connecticut General or an affiliate with respect to its self-funded employee welfare benefit plan at any time during the life of this Agreement, the provisions of paragraph II., below, shall control. Attachment number 1 \nPage 42 of 43 Item # 15 Client Name: City of Clearwater Administrative Services Only Agreement 05/29/2013 43 II. Plans with Connecticut General Stop Loss Coverage If Employer has purchased individual or aggregate stop loss coverage from Connecticut General or an affiliate with respect to its self-funded employee welfare benefit plan: A. Connecticut General and its subcontractors shall have the right and responsibility to manage all conditional claim payment and/or subrogation recoveries under the Plan. Connecticut General and its subcontractors shall reimburse to the Plan the recovery minus relevant individual and aggregate stop loss payments made by Connecticut General. B. All amounts reimbursed to Employer's Bank Account shall be refunded at the gross amount. Connecticut General's and its subcontractors’ subrogation administration fee on cases where Connecticut General and its subcontractors’ have retained counsel and in cases where no counsel has been retained by Connecticut General and its subcontractors, are both reflected in the Schedule of Financial Charges. C. Connecticut General and its subcontractors shall have no duty or obligation to represent Employer in any litigation or court proceeding involving any matter which is the subject of this Agreement but shall make available to Employer and/or Employer's counsel such information relevant to such action or proceeding as Connecticut General and its subcontractors may have as a result of its handling of any matter under this Agreement. Notwithstanding the foregoing, Connecticut General and its subcontractors reserve to itself the right to retain counsel to represent Connecticut General’s own interests in any subrogation and/or conditional claim recovery action under the Plan. Attachment number 1 \nPage 43 of 43 Item # 15 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve a Memorandum of Understanding (MOU) amending the Prisoner Transport Interlocal Agreement between the City of Clearwater and the Pinellas County Sheriff’s Office for the period July 1, 2013 through September 30, 2014, and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 16, 2009, the City Council approved the Police Department‘s participation in a countywide project with the Pinellas County Sheriff’s Office (PCSO) to implement a Prisoner Transport System. The program was officially implemented on October 1, 2009, and has proven to be a huge success, saving police officer time and transportation costs to and from the jail. The City of Clearwater and the Pinellas County Sheriff’s Office currently have in effect an Interlocal Agreement, effective through September 30, 2013, whereby the Sheriff agrees to provide countywide prisoner transportation service, with said terms and costs for the service detailed therein. The Agreement further provides that each City which is a part of the Interlocal Agreement will be invoiced on a monthly basis for all services rendered under the Agreement and said cities including the City of Clearwater, will have said charges deducted from each city’s Justice Assistance Grant (JAG) funds, if available, until such time as each respective City’s funds are expended. Once the JAG funds are depleted, each City may elect to continue use of the service and cover the costs itself. Effective July 1, 2013, the Sheriff, as permitted by Florida law, will begin using a private contractor, G4S, to provide countywide prisoner transportation service. Through a separate Agreement between the Sheriff and the contractor, officers of G4S used for this purpose will only be retired or former law enforcement officers. The Sheriff will continue to invoice Clearwater on a monthly basis, from July 1, 2013, at the rates contained in the current Interlocal Agreement for all services rendered under this Agreement. The invoice cost will continue to be deducted from Clearwater’s balance from the Justice Assistance Grant funds. Once JAG funds are completely expended, there will be no charge to the City for prisoner transportation services, and the Sheriff will absorb all costs through September 30, 2014. The Police Department, as of the last report (March 31, 2013), indicates a balance of $123,567.49 remaining in its portion of this grant funding. Type:Other Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: The Pinellas County Sheriff's invoice costs are deducted from Clearwater's JAG fund balance held by the Sheriff. Current Year Cost:N/A Annual Operating Cost:$ 0.00 Not to Exceed:Total Cost:$ 0.00 For Fiscal Year: to Review Approval:1) Official Records and Legislative Services Cover Memo Item # 16 Attachment number 1 \nPage 1 of 5 Item # 16 Attachment number 1 \nPage 2 of 5 Item # 16 Attachment number 1 \nPage 3 of 5 Item # 16 Attachment number 1 \nPage 4 of 5 Item # 16 Attachment number 1 \nPage 5 of 5 Item # 16 Attachment number 2 \nPage 1 of 2 Item # 16 Attachment number 2 \nPage 2 of 2 Item # 16 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) for $568,023.00 to Rush Truck Centers of Tampa, FL for two 2013 Model 320 Peterbilt with Scorpion Automated Side Loaders with CNG (Compressed Natural Gas), in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The two Peterbilts will be purchased through the Florida Sheriff's Contract 12-10-0905, Specification #12 and quote dated June 6, 2013. These two trucks will replace the following four (4) vehicles; G2723 (2002 International with 68,946 miles) which is included in the 2010/11 Garage replacement list, G2724 (International with 66,406 miles) and G2726 (2002 International with 50,312 miles),which are included in the 2012/13 Garage Replacement list and G2725 (2002 International with 55,672 miles) which is included in the 2011/12 Garage Replacement list. These two (2) trucks will collect commingled recyclables through the new single stream recycling collection system and will replace the four (4) International trucks currently collecting and sorting recyclables at the curb. Type:Purchase Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$115,616.52 Annual Operating Cost:$84,091.00 Not to Exceed:Total Cost:$199,707.52 For Fiscal Year:11/01/2011 to 10/31/2012 Appropriation Code Amount Appropriation Comment 0316-94241-564100-519- 0000 $568,023.00 L/P CIP Bid Required?:No Bid Number: Other Bid / Contract: Florida Sheriff's Association bid #12-10- 0905 Bid Exceptions:None Review Approval:1) Official Records and Legislative Services Cover Memo Item # 17 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) to Toter Incorporated of Statesville, NC, for an amount not to exceed $1,500,000, for the purchase and delivery of 26,000 new 64 gallon and 96 gallon recycling carts, during the period of June 20, 2013 through June 19, 2014, as provided in the Code of Ordinances, Section 2.564(1)(d) and authorize the appropriate officials to execute the same. (consent) SUMMARY: For the past sixteen months, the Solid Waste Department has been testing an automated collection system for recycling in five neighborhoods in order to determine the effects on collection time and tonnage of recyclables collected. While the automated collection process co-mingles the recyclables, which reduces the resale value/revenue stream, staff believes that in the long run the Department can save money using automated collection. The sample data collected from our automated test indicates that the Department can collect our resident’s recyclables with half the number of vehicles currently used. Further, with ability for the resident to recycle additional items (cardboard, glass, paper cartons, and non-bottle 1 – 7 plastics) in larger quantities, the amount of recyclables collected could increase by 30 – 50% and have the added benefit of reducing the amount of recyclables (and the associated tipping fees) going to the landfill. This purchase of recycling carts is being processed under the National Intergovernmental Purchasing Alliance (National IPA) and is based on the executed contract number 120576-01 between the City of Tucson, AZ and Toter with the effective dates of January 31, 2013 through January 30, 2018. A third quarter budget amendment will establish the Capital Improvement Program (CIP) 315-96446 Single Stream Recycling Carts, and fund this project with a transfer of $1,500,000 from the Unappropriated Retained Earnings of the Recycling Fund. Type:Purchase Current Year Budget?:No Budget Adjustment:Yes Budget Adjustment Comments: Current Year Cost:$1,500,000.00 Annual Operating Cost: Not to Exceed:Total Cost:$1,500,000.00 For Fiscal Year:2012/13 to 2013/14 Appropriation Code Amount Appropriation Comment 0-426-00000-272200 $1,500,000.00 Review Approval:1) Official Records and Legislative Services Cover Memo Item # 18 Toll Free: (800) 424-0422 Fax: (704) 878-0734 Model Qty Price Ext Price 79296 26,000 $46.40 $1,206,400.00 26,000 $1.85 $48,100.00 26,000 $0.70 $18,200.00 Subtotal =$1,272,700.00 Freight =42 $2,943.86 $123,642.12 Total =$1,396,342.12 26,000 $3.50 $91,000.00 26,000 $0.25 $6,500.00 26,000 $0.10 $2,600.00 Continued on next page Electronic listing of the serial numbers coordinated with the distribution addresses. The fee is for data entry, and the City must provide distribution addresses in electronic format, or additional charges may apply. Please allow 2- 3 weeks after distribution services have ended for the data entry to be completed. Serial Number Recording Manual recording of cart serial numbers to address database provided by the city during cart distribution Electronic Listing of Serial Numbers Lid Graphic (IML) - 8.125" x 10" Assembly and Distribution Option Unloading, Assembly, and Distribution Pricing includes container unloading, assembly, and distribution based on dense routes. Carts delivered on a route-by-route basis based on customer provided list. A suitable work area for assembly - large, paved, secure and partially covered area must be provided at no cost to Toter. We request the customer's assistance in allowing the use of an on-site forklift, if available, to unload tractor trailers. Pricing is subject to adjustment or negotiation based on unforeseen circumstances beyond Toter or its contractor's control. Additional serivces available upon request and will be priced accordingly. M494 - Clearwater RECYCLES! Ultra High Frequency RFID Tag (Factory Installed) Wheels - Standard 10" Sunburst Assembly - Lids Attached (lid, axle & stopbar installed) Warranty - 10 Year Unprorated (special exclusions may apply to non-standard options) Sales Rep:Ken Kelly Prepared For:Ship To: City of Clearwater City of Clearwater QUOTATION Quote #:13-1218 Date:5/31/2013 Bill Buzzell 1701 N. Hercules Ave 727-562-4929 Clearwater, FL william.buzzell@myclearwater.com Description Toter 96 Gallon - EVR II Universal/Nestable Body Color - (709) Bluestone Lid Color - (390) Yellow Toter Serial Number Hot Stamped in White on Front Body Hot Stamp on Both Sides in White - In-house Lid Hot Stamp - None SA 08, Rev 2, 11/07/11 Attachment number 1 \nPage 1 of 3 Item # 18 City of Clearwater Quote #:13-1218 5/31/2013 Page 2 Date PO # Regional Sales Manager City of Clearwater * Payment Terms:Net 30 days after shipment, pending credit approval Please Note: Pricing is based on the National IPA agreement through Toter's Contract No. 120576-01 as awarded by the City of Tucson on January 31, 2013. Per the terms of this contract, pricing is evaluated every six (6) months for price adjustments based on current market conditions. The current pricing is effective January 31, 2013 - July 30, 2013. * Delivery: (704) 907-2874 kkelly@wastequip.com Due to an extremely volatile petrochemical market, actual prices and freight are subject to change and must be confirmed before acceptance of an order. Above pricing is based on orders placed in the quantities stated above. Orders placed for other than these quantities may be subject to additional freight and cost. Unless otherwise stated, container sizes indicated on sales literature, invoices, price lists, quotations and delivery tickets are nominal sizes. Actual volume may vary from nominal sizes. This proposal is subject to Wastequip/Toter standard terms and conditions. Quotation does not include any applicable taxes other than those specifically listed on this document. Toter, LLC :Accepted By: Ken Kelly To be determined at time of order Additional Information: * Freight: FOB Plant SA 08, Rev 2, 11/07/11 Attachment number 1 \nPage 2 of 3 Item # 18 TOTER, LLC STANDARD TERMS AND CONDITIONS of This Quotation and Any Sale Resulting Thereof 1. ACCEPTANCE: All orders and sales contracts are subject to acceptance or rejection by Toter and are not binding until accepted. Acceptance by Toter constitutes a complete and binding contract governed by the terms and conditions of sale herein and by the laws of the State of North Carolina. Acceptance is subject to availability and may be subject to a written agreement, signed by both Buyer and Toter. 2. BROKEN CARTONS: All products will be shipped in full cartons only. 3. CANCELLATION PENALTY: Cancelled orders received twenty-four (24) hours after order date are subject to a 15% cancellation charge. All cancellation requests must be confirmed in writing. In no event may any order be cancelled after goods have left point of shipment. 4. CASH TERMS: Standard payment terms are NET THIRTY (30) DAYS after invoice date unless specifically indicated otherwise. Buyer will be charged 1½% interest per month (18% per annum) on any payment received after terms indicated on invoice. Terms are contingent on credit approval, Toter reserves the right to modify credit and payment terms at any time. Invoices are payable in U.S. currency, unless otherwise specified by Toter. Toter retains a security interest in all of the goods described on the reverse side hereof until such time as the entire purchase price is paid in full. 5. DAMAGED GOODS: If any part of any shipment is damaged or missing when it arrives TAKE DELIVERY AT ONCE and have delivery carrier acknowledge damage or shortage, and make proper notation on your freight receipt. Failure to have carrier acknowledge damage may void any warranty and continue Buyer responsibility for payment in full. 6. SHIPPING ESTIMATES/DELIVERY: The shipping date shown on this form is an approximation only and does not, in any way, represent a contract by Seller to ship or deliver on said date. Seller will not be liable for any or all damages resulting from any delay or early shipment, regardless of the cause of the delay or early shipment. Unless otherwise expressly stated, Toter shall have the right to make delivery in installments. In the event of war, fire, flood, strike, labor trouble, accident, riot, act of God, act of governmental authority or any other contingencies beyond the control of Toter interfering with the production, supply, transportation, or consumption of the goods covered by this agreement or with the supply of any raw material used in connection therewith, quantities so affected may be eliminated from the agreement without liability but the agreement shall otherwise remain unaffected. Toter may during any period of shortage due to any of said cause, prorate its supply of such goods among its customers under this and other orders and agreements in such manner as Toter may deem fair and practicable. 7. FREIGHT: Any quotation of freight, transportation, shipping, handling or similar charges are ESTIMATES only. Buyer is solely responsible for all charges connected with freight, transportation, shipping, handling, insurance, demurrage or similar functions, unless otherwise agreed to in writing by Toter. If such charges are by the terms of sale included in the price, any increase in rates becoming effective after the date hereof shall be for the account of the Buyer. 8. MINIMUM ORDER: One hundred ($100.00) dollar minimum, excluding freight, taxes, etc. 9. MODIFICATIONS: Modifications will only be accepted within twenty-four (24) hours of date the original order is placed with Toter’s Customer Service Department. 10. PRICES: All prices quoted are F.O.B. Shipping point, unless specifically indicated otherwise, and supercede all previous prices and quotations. 11. RETURNS: A Return Authorization Number must be obtained from Toter within five (5) days of receipt of goods and before merchandise may be returned for credit. Returns must be completed within sixty (60) days of invoice date. All transportation charges for returned merchandise must be PREPAID by the shipper. Returned saleable merchandise accepted by Toter for credit is subject to a 15% restocking charge. If any portion of the goods delivered to Buyer are defective or are otherwise not in accordance with contract specifications, Toter shall have the right in its discretion either to replace such defective goods or to refund the portion of the purchase price applicable thereto. No goods shall be returned to Toter without Toter’s written consent. In no event shall Toter be liable for the cost of processing, lost profits, injury to goodwill or any other special incidental or consequential damages. 12. SPECIFICATIONS: Toter reserves the right to substitute materials and modify product features provided that the resulting quality is equal or improved. If an inspection or testing of the goods has been agreed upon, such inspection or testing shall be made at Toter’s plant or other source of supply before shipment of the goods, and approval or rejection shall be made promptly and in any event before shipment. No claims will be entertained thereafter. In all other cases Buyer is required to give written notice to Toter of any claim promptly upon receipt of the goods and in any event within five (5) days thereafter, and Toter shall thereupon be afforded a reasonable opportunity to inspect the goods. 13. TAXES: Prices do not include city, county, state, federal, or any other taxes. All applicable taxes shall be paid by the Buyer unless a proper exemption certification is furnished. 14. WARRANTY: THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHICH EXTEND BEYOND THE SEPARATE WRITTEN WARRANTY REFERENCED ON THE FACE HEREOF. NON-PAYMENT SIXTY (60) DAYS PAST THE DATE OF AN INVOICE MAY VOID WARRANTY END USE: DETERMINATION OF THE SUITABILITY OF THE GOODS COVERED BY THIS AGREEMENT FOR THE USE CONTEMPLATED BY THE BUYER OR BUYER’S CUSTOMERS IS THE SOLE RESPONSIBILITY OF THE BUYER IN CONNECTION THERWITH, BUYER ASSUMES ALL RISK AND LIABILITY FOR LOSS, DAMAGE OR INJURY ARISING OUT OF OR INCIDENT TO THE USE OR POSSESSION OF THE GOODS FURNISHED UNDER THIS AGREEMENT. 15. ENTIRE AGREEMENT: The above terms and conditions represent the entire agreement between Toter and Buyer with respect to the sales of goods supplied hereunder. This agreement cannot be modified except in writing signed by an officer of Toter and Buyer covering the sales of said goods. Attachment number 1 \nPage 3 of 3 Item # 18 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) to Waste Management, Inc. in the amount of $189,414 for the purchase of thirty-four kiosks, consisting of one solar compactor and one recycling station, as provided in the Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater’s Solid Waste Department collects waste from curbside street containers. Because these street containers can rapidly become full and unsightly, our crews must provide service daily. The two-station kiosks to be purchased will be placed in the high visibility areas of the downtown corridor and the beach. This purchase includes a lifetime license for operating software, the CLEAN management console for remote monitoring and management, real-time and historical data reporting and analysis, help desk support, and software upgrades. The real-time monitoring of the fullness of the containers will provide our supervisors the ability to schedule collection rather than providing (sometimes unnecessary) daily collection. The historical data and analysis will enable the Department to relocate underutilized containers to higher demand areas. This information can be accessed from any web-enabled computer or device and will allow for a reduction in service while increasing efficiency. This two-station kiosk includes a recycling container to provide public space recycling, which will allow for increased diversion. The litter container compacts its trash when necessary, to provide approximately a 3 to 1 compaction ratio. The Purchasing Department advertised a request for bids for the product and services described above (Bid 16-13) Waste Management, Inc. was the lowest, qualified bidder. A third quarter amendment will establish the Capital Improvement Program (CIP) project 315-96445, Solar Trash and Recycling Kiosks, and fund this project with a transfer of $189,414 from Solid Waste Unappropriated Retained Earnings. Type:Purchase Current Year Budget?:No Budget Adjustment:Yes Budget Adjustment Comments: Current Year Cost:$189,414 Annual Operating Cost: Not to Exceed:$189,414 Total Cost: For Fiscal Year: to Appropriation Code Amount Appropriation Comment 0-315-96445-564000-534 $189,414 Bid Required?:Yes Bid Number:16-13 Other Bid / Contract:Bid Exceptions:None Review Approval:1) Official Records and Legislative Services Cover Memo Item # 19 CITY OF CLEARWATERBID 16-13 - SOLAR POWERED TRASH COMPACTORSBID OPENED: APRIL 12, 2013 - 11:00 AMBID TABULATIONBIG BELLY SOLAR, INC. WASTE MANAGEMENT, INC. DADE PAPER NEWTON, MA. CLEARWATER, FL MIAMI, FL ITEMDESCRIPTIONQUANTITYUNIT PRICE UNIT PRICEUNIT PRICE1 SOLAR POWERED DUAL STATIONS 34 5,706.00$ 5,571.00$ 3,898.00$ DELIVERY TIME: 20 DAYS ARO 60 DAYS ARO 14 DAYS AROPAYMENT TERMS: NET 30 NET 30 NET 30UNITED PROCUREMENT OAKLEAF, TX ITEMDESCRIPTIONQUANTITYUNIT PRICE1 SOLAR POWERED DUAL STATIONS 34 4,611.03$ DELIVERY TIME: 2 - 4 WEEKSPAYMENT TERMS: NET 30SUMMARY OF BID 16-13:BIDS SOLICITED 3BIDS RECEIVED 4NO BID RESPONSE 0NO BID 0ADVERTISED: TAMPA BAY TIMES 12/21/20123/29/2013myclearwater.com 3/26/2013 - 4/12/2013Attachment number 1 \nPage 1 of 1 Item # 19 Attachment number 2 \nPage 1 of 1 Item # 19 April 17, 2013 To Whom It May Concern, This letter is to inform you that United Procurement of Oakleaf, Texas, is not an authorized distributor of BigBelly Solar waste and recycling stations or related equipment and services in the State of Florida. Regards, Matt Volpi Director of Product Marketing, BigBelly Solar, Inc. 85 Wells Avenue | Suite 305 | Newton, MA 02459 | mvolpi@bigbellysolar.com | 617-209-3836 Attachment number 3 \nPage 1 of 1 Item # 19 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve a Blanket Purchase Order to SNF Polydyne Inc., of Riceboro, GA, in the amount of $449,322, for Polymer Services for a one-year period, and authorize the appropriate officials to execute same. (consent) SUMMARY: Polymer is used at the City's three Water Reclamation Facilities (WRF) to thicken biosolids and reduce the amount of water in the final dewatered cake; thereby, reducing hauling and disposal costs. Biosolids must be processed daily at all three facilities to meet permit requirements. In 2011, the City entered into a Performance Based Contract with Siemens Industry, Inc. that included the installation of centrifuge dewatering devices to replace existing, outdated, and inefficient belt filter presses. The centrifuges are now operational; however, this change in technology requires a re-evaluation of the type and quantity of polymer used by the new centrifuges. The Siemens-managed polymer testing has yet to identify a definitive “most appropriate and cost-effective” polymer for use with the new centrifuge units. Two of four solicited polymer manufacturing/supply firms expressed interest in testing and quoting to Siemens within the new parameters, and they were approved to conduct jar testing. To date, only one firm has tested and provided resulting documentation along with a price quote, SNF Polydyne, Inc. (the City’s current polymer supplier). Others have declined for various reasons; most often referenced was that their manufacturing location would make transportation inefficient and cost prohibitive, given the relatively small quantities of polymer required by the City. Our current contract for polymer supply with SNF Polydyne, Inc. expires on June 30, 2013. The price quoted for the new contract period increased one cent per pound from $1.04 to $1.05. Staff recommends this BPO be awarded to the one company who was willing to fully test, document, and quote their product. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-551000-535-000-0000, WPC Operations, to fund $113,254 of the current year cost of this contract increase and is planned in the budget request to be brought forward for Fiscal Year13/14 in the amount of $336,068. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$113,254 Annual Operating Cost: Not to Exceed:Total Cost:$449,322 For Fiscal Year:2013 to 2014 Appropriation Code Amount Appropriation Comment 0421-01351-551000-535-000- 0000 $113,254 FY12/13 0421-01351-551000-535-000- 0000 $336,068 FY13/14 Bid Required?:Yes Bid Number:08-0048- UT Other Bid / Contract:Bid Exceptions:None Review Approval:1) Official Records and Legislative Services Cover Memo Item # 20 1 Chemical Plant Rd. www.polydyneinc.com P.O. Box 279 (800) 848-7659 Riceboro, GA 31323 QUOTATION SNF Polydyne Inc. is pleased to propose the following polymer pricing. Pricing is good through June 30, 2014. David Porter DATE: July 1, 2013 City of Clearwater TERMS: Net 30 Days Water Pollution Control FOB: City of Clearwater, FL 1605 Harbor Dr. Clearwater, FL 33755 PH# (727) 562 4960 PRODUCT DESCRIPTION Package Price per Pound CLARIFLOC SE-1197 and SE-792 2300lb totes $1.05/lb Pricing includes all shipping costs, but does not include any applicable taxes. Send Correspondence to: Polydyne Inc. P.O. Box 279 Riceboro, Ga 31323 Tel. (912) 880-2035 Fax (912) 880-2078 Laurence Fenimore SNF Polydyne Senior Sales Representative (352) 409-3938 Attachment number 1 \nPage 1 of 1 Item # 20 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve Supplemental Work Order to Engineer-of-Record (EOR) King Engineering Associates, Inc., in the amount of $83,720, to provide additional Construction Engineering and Inspection (CEI) services for the rehabilitation of Lift Stations 33 and 42; and authorize the appropriate officials to execute same. (consent) SUMMARY: January 2011 and July 2011, the City authorized King Engineering Associates, Inc. to provide design, bidding and limited engineering services during construction for the rehabilitation of Lift Stations 33 and 42. At the time the project design was completed, the City consolidated the two projects into a single construction project. This Agenda Item is for additional Construction Engineering and Inspection (CEI) services for the rehabilitation of Lift Stations 33 and 42. The scope of the work includes general project management, coordination and construction administration, receive, review, log and process shop drawings, attend progress meetings, observe and report on the progress and quality of work, review requests for payment, provide record drawings and project close-out. The fees for these services are for a total value of Eighty three thousand seven hundred twenty dollars, ($83,720), for all labor and expenses anticipated to be incurred by King Engineering and Associates, Inc. Sufficient Sewer revenue is available in 0315-96686, Pump Station Replacement to fund this project. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:83,720 Annual Operating Cost: Not to Exceed:Total Cost:83,720 For Fiscal Year:2012 to 2013 Appropriation Code Amount Appropriation Comment 0315-96686-561300-535-000- 0000 83,720 Pump Station Replacement Review Approval:1) Official Records and Legislative Services Cover Memo Item # 21 Attachment number 1 \nPage 1 of 6 Item # 21 Attachment number 1 \nPage 2 of 6 Item # 21 Attachment number 1 \nPage 3 of 6 Item # 21 Attachment number 1 \nPage 4 of 6 Item # 21 Attachment number 1 \nPage 5 of 6 Item # 21 Attachment number 1 \nPage 6 of 6 Item # 21 CR-611E SR-580LN^ PROJECTLOCATION McMULLEN BOOTH RDLOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM N.T.S.201A 28-28s-16e3/15/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Lift Station #42 TBR Attachment number 2 \nPage 1 of 1 Item # 21 LNSTREET BAYCALAISWOLFE RD BAYSI DECR-611Featherw oo d McMULLEN BOOTH RDJOHNS PARKWAY DOWNING BAY "K" STLN CHAMBLEE BORDEAUX LN LN Damascus RdC A M P B E L L MacDonald SR-60 CO U R T N E YBAYSHORE BLVDLN Colonial Dr ^ PROJECTLOCATION CO OPER'S BAYOULOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM N.T.S.292B 16-29s-16e3/15/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Lift Station #33 TBR Attachment number 3 \nPage 1 of 1 Item # 21 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Award a contract to Steve’s Excavating and Paving Inc. of Clearwater, Florida, for the South Gulfview Drainage Improvements Project (11-0019-EN) in the amount of $388,273.75, which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) SUMMARY: This project will begin at the intersection of South Gulfview and Bayway Boulevard and discharge at the seawall north of the intersection and into the harbor. The project will provide a new and larger outfall for the area adjacent to the intersection of South Gulfview and Bayway Boulevard. Construction of this project includes the installation of approximately 330 LF of pipe of various sizes. The existing system begins with a 10 inch-diameter pipe and increases to 15 inches where it discharges through the seawall. The new system will begin with an 18 inch-diameter pipe and increase to 36 inches where it discharges through the seawall. The Sheppard’s Beach Resort is adjacent to this project and provided an easement and piping that will allow the City to add an additional inlet that will help reduce street flooding. Sufficient funding is available as follows: $354,207.25 Stormwater Revenue in 0315-96170, Coastal Basins Project, $16,152.50 Water Revenue in 0315-96739, Reclaimed Water Distribution System, and Utility Renewal and Replacement Revenue in amounts of $11,232 in 0327-96634, Sanitary Utility Relocation Accommodations and $6,682 in 0327-96742, Line Relocation - Capital, for total funding in the amount of $388,273.75. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: See summary Current Year Cost:$388,273.75 Annual Operating Cost: Not to Exceed:$388,273.75 Total Cost:$388,273.75 For Fiscal Year:2012 to 2013 Appropriation Code Amount Appropriation Comment 0315-96170-563700-539-000- 0000 $354,207.25 See summary 0315-96739-563800-533-000- 0000 $ 16,152.50 See summary 0327-96634-563800-535-000- $ 11,232.00 See summary Cover Memo Item # 22 0000 0327-96742-563800-533-000- 0000 $ 6,682.00 See summary Bid Required?:Yes Bid Number:11-0019-EN Other Bid / Contract:Bid Exceptions:None Review Approval:1) Official Records and Legislative Services Cover Memo Item # 22 BID ITEMS QTYUNITUNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNT1MOBILIZATION & SITE PREPARATION1.1Mobilization 1 LS50,000.00$ 50,000.00$ 16,200.00$ 16,200.00$ 18,500.00$ 18,500.00$ 1.2 Maintenance of Traffic 1 LS75,000.00$ 75,000.00$ 10,000.00$ 10,000.00$ 11,700.00$ 11,700.00$ 1.3 Erosion & Siltation Control 1 LS15,000.00$ 15,000.00$ 7,500.00$ 7,500.00$ 5,070.00$ 5,070.00$ 1.4 Project Sign 1 EA925.00$ 925.00$ 650.00$ 650.00$ 4,550.00$ 4,550.00$ Subtotal General Items 1.1 - 1.4140,925.00$ 34,350.00$ 39,820.00$ 2EARTHWORKSOUTH GULFVIEW BLVD. DRAINAGE IMPROVEMENTS (11-0019-EN)BID OPENING -TUESDAY, MAY 21, 2013 AWARD - THURSDAY, JUNE 19, 2013MTM CONTRACTORS, INC. 6550 - 53RD ST. NO. PINELLAS PARK, FL 33781STEVE'S EXCAV. & PAVING, INC. P.O. BOX 303 DUNEDIN, FL 33755AJAX PAVING INDUSTRIES OF FL, LLC 510 GENE GREEN RD. NOKOMIS, FL 342752EARTHWORK2.1 Demolition 1 LS70,000.00$ 70,000.00$ 56,000.00$ 56,000.00$ 7,350.00$ 7,350.00$ 2.2 Unsuitable Material Removal & Replacement 100 CY55.00$ 5,500.00$ 40.00$ 4,000.00$ 50.00$ 5,000.00$ Subtotal Earthwork Items 2.1 - 2.275,500.00$ 60,000.00$ 12,350.00$ 3DRAINAGE3.1 18" RCP 47 LF113.00$ 5,311.00$ 129.00$ 6,063.00$ 92.00$ 4,324.00$ 3.218" Ductile Iron Pipe (Cement Lined Class 200) 26 LF72.00$ 1,872.00$ 271.00$ 7,046.00$ 165.00$ 4,290.00$ 3.324" Ductile Iron Pipe (Cement Lined Class 200) 45 LF400.00$ 18,000.00$ 456.00$ 20,520.00$ 198.00$ 8,910.00$ 3.4 30" RCP 0' - 6' Cut 73 LF170.00$ 12,410.00$ 138.00$ 10,074.00$ 77.00$ 5,621.00$ 3.5 30" RCP 6' - 8' Cut 24 LF420.00$ 10,080.00$ 138.00$ 3,312.00$ 78.00$ 1,872.00$ 3.636" PVC 6' - 8' Cut (Contech A-2000) 44 LF270.00$ 11,880.00$ 155.00$ 6,820.00$ 239.00$ 10,516.00$ 3.736" PVC 8' - 10' Cut (Contech A-2000) 111 LF300.00$ 33,300.00$ 155.00$ 17,205.00$ 240.00$ 26,640.00$ 3.85' Diameter FDOT Conflict Manhole 2 EA4,800.00$ 9,600.00$ 6,800.00$ 13,600.00$ 5,645.00$ 11,290.00$ 3.96' Square FDOT Conflict Manhole 1 EA5,700.00$ 5,700.00$ 6,800.00$ 6,800.00$ 6,852.00$ 6,852.00$ 3.10 FDOT Storm Box 4' x 9' 1.0 EA5,650.00$ 5,650.00$ 6,650.00$ 6,650.00$ 17,560.00$ 17,560.00$ 3.11FDOT Type 5 Curb Inlet 1 EA4,800.00$ 4,800.00$ 4,800.00$ 4,800.00$ 4,145.00$ 4,145.00$ 3.11 FDOT Type 5 Curb Inlet 1 EA4,800.00$ 4,800.00$ 4,800.00$ 4,800.00$ 4,145.00$ 4,145.00$ 3.12 FDOT Type 6 Curb Inlet 3 EA5,200.00$ 15,600.00$ 5,560.00$ 16,680.00$ 5,725.00$ 17,175.00$ 3.13 Manatee Barrier 1 LS6,000.00$ 6,000.00$ 5,500.00$ 5,500.00$ 2,800.00$ 2,800.00$ 3.14 Rip Rap at Outfall 1 LS2,100.00$ 2,100.00$ 3,500.00$ 3,500.00$ 1,760.00$ 1,760.00$ 3.15 Seawall Reconstruction at 36" Storm Pipe Outfall 1 LS65,000.00$ 65,000.00$ 39,000.00$ 39,000.00$ 4,700.00$ 4,700.00$ Subtotal Drainage Items 3.1 - 3.15207,303.00$ 167,570.00$ 128,455.00$ Attachment number 1 \nPage 1 of 6 Item # 22 BID ITEMS QTYUNITUNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNTSOUTH GULFVIEW BLVD. DRAINAGE IMPROVEMENTS (11-0019-EN)BID OPENING -TUESDAY, MAY 21, 2013 AWARD - THURSDAY, JUNE 19, 2013MTM CONTRACTORS, INC. 6550 - 53RD ST. NO. PINELLAS PARK, FL 33781STEVE'S EXCAV. & PAVING, INC. P.O. BOX 303 DUNEDIN, FL 33755AJAX PAVING INDUSTRIES OF FL, LLC 510 GENE GREEN RD. NOKOMIS, FL 342754 PAVING & MARKING4.1 3" FDOT Type S Asphalt 306 SY45.00$ 13,770.00$ 33.00$ 10,098.00$ 19.50$ 5,967.00$ 4.2 8" Compacted Crushed Concrete Base 273 SY50.00$ 13,650.00$ 30.00$ 8,190.00$ 29.50$ 8,053.50$ 4.3 Concrete Sidewalk 4" Thick 1,456 SY3.60$ 5,241.60$ 4.90$ 7,134.40$ 4.80$ 6,988.80$ 4.4 Concrete Driveway 6" Thick 360 SF7.00$ 2,520.00$ 5.60$ 2,016.00$ 5.50$ 1,980.00$ 4.5FDOT Type F Curb 185 LF35.00$ 6,475.00$ 25.00$ 4,625.00$ 20.00$ 3,700.00$ 4.6 Valley Gutter Curb 30 LF54.00$ 1,620.00$ 25.00$ 750.00$ 30.00$ 900.00$ 4.7Pavement Markings / Striping Restoration 1 LS3,600.00$ 3,600.00$ 3,500.00$ 3,500.00$ 1,950.00$ 1,950.00$ 4.7Pavement Markings / Striping Restoration 1 LS3,600.00$ 3,600.00$ 3,500.00$ 3,500.00$ 1,950.00$ 1,950.00$ 4.8 Handicap Ramp 3 EA1,500.00$ 4,500.00$ 1,800.00$ 5,400.00$ 3,250.00$ 9,750.00$ 4.9 Modified FDOT Type F Curb 56 LF40.00$ 2,240.00$ 25.00$ 1,400.00$ 30.00$ 1,680.00$ Subtotal Paving & Markings Items 4.1 - 4.953,616.60$ 43,113.40$ 40,969.30$ 5 LANDSCAPING & SODDING 5.1 1-Inch Short Side Service 1,000 SF3.00$ 3,000.00$ 1.00$ 1,000.00$ 2.25$ 2,250.00$ 5.2 30" X 12" Tapping Sleeve and Valve 137 LF65.00$ 8,905.00$ 30.00$ 4,110.00$ 26.00$ 3,562.00$ 5.3 Tree Removal 1 LS35,000.00$ 35,000.00$ 18,900.00$ 18,900.00$ 80,600.00$ 80,600.00$ Subtotal Landscaping & Sodding Items 5.1 - 5.346,905.00$ 24,010.00$ 86,412.00$ Subtotal Stormwater524,249.60$ 329,043.40$ 308,006.30$ 5.415% Contingency 1 LS$78,637.44 $49,356.51 $46,200.95Total Stormwater (Items 1.1 - 5.4)602,887.04$ 378,399.91$ 354,207.25$ UTILITIES7SEWER7 SEWER 7.1 8" Ductile Iron Pipe Sanitary w/Fernco Couplings 40 LF206.00$ 8,240.00$ 116.00$ 4,640.00$ 160.00$ 6,400.00$ 7.2 8" PVC Sanitary w/Fernco Couplings 20 LF72.00$ 1,440.00$ 86.00$ 1,720.00$ 112.00$ 2,240.00$ Subtotal Sewer Items 7.1 - 7.2 9,680.00$ 6,360.00$ 8,640.00$ 7.330% Contingency 1 LS$2,904.00 $1,908.00 $2,592.00Total Sewer (Items 7.1-7.3)12,584.00$ 8,268.00$ 11,232.00$ Attachment number 1 \nPage 2 of 6 Item # 22 BID ITEMS QTYUNITUNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNTSOUTH GULFVIEW BLVD. DRAINAGE IMPROVEMENTS (11-0019-EN)BID OPENING -TUESDAY, MAY 21, 2013 AWARD - THURSDAY, JUNE 19, 2013MTM CONTRACTORS, INC. 6550 - 53RD ST. NO. PINELLAS PARK, FL 33781STEVE'S EXCAV. & PAVING, INC. P.O. BOX 303 DUNEDIN, FL 33755AJAX PAVING INDUSTRIES OF FL, LLC 510 GENE GREEN RD. NOKOMIS, FL 342758 WATER 8.1 Potable Water offset (6") 1 LF5,700.00$ 5,700.00$ 3,800.00$ 3,800.00$ 5,140.00$ 5,140.00$ 8.230% Contingency 1 LS$1,710.00 $1,140.00 $1,542.00Total Water (Items 8.1-8.2) 7,410.00$ 4,940.00$ 6,682.00$ 9 RECLAIMED WATER 9.1 Reclaimed Water offset (8") 1 LS6,200.00$ 6,200.00$ 4,800.00$ 4,800.00$ 5,075.00$ 5,075.00$ 9.2 Reclaimed Water offset (12") 1 LS11,000.00$ 11,000.00$ 9,850.00$ 9,850.00$ 7,350.00$ 7,350.00$ Subtotal Reclaimed Water Items 9.1 - 9.2 17,200.00$ 14,650.00$ 12,425.00$ 9.330% Contingency 1 LS$5,160.00 $4,395.00 $3,727.50Total Reclaimed Water (Items 9.1-9.3)22,360.00$ 19,045.00$ 16,152.50$ Subtotal Utilities(7.1-7.2, 8.1, & 9.1-92)32,580.00$ 24,810.00$ 26,205.00$ Total Contingency Utilities (7.3, 8.2 & 9.3)$9,774.00 $7,443.00 $7,861.50Total Utilities (7.1-9.3)42,354.00$ 32,253.00$ 34,066.50$ Subtotal (1.1-5.3, 7.1-7.2, 8.1, 9.1-9.2)556,829.60$ 353,853.40$ 334,211.30$ Total Contingency (5.4, 7.3, 8.2 & 9.3)$88,411.44 $56,799.51 $54,062.45Total Base Bid (1.1 - 9.3)645,241.04$ 410,652.91$ 388,273.75$ ALTERNATIVE 1 (JACK & BORE) 1MOBILIZATION & SITE PREPARATION1.1Mobilization 1 LS-$ 16,000.00$ 16,000.00$ 22,500.00$ 22,500.00$ 1.2 Maintenance of Traffic 1 LS-$ 10,000.00$ 10,000.00$ 11,700.00$ 11,700.00$ 1.3 Erosion & Siltation Control 1 LS-$ 7,500.00$ 7,500.00$ 5,070.00$ 5,070.00$ 1.4 Project Sign 1 EA-$ 650.00$ 650.00$ 4,550.00$ 4,550.00$ Subtotal General Items 1.1 - 1.4-$ 34,150.00$ 43,820.00$ Attachment number 1 \nPage 3 of 6 Item # 22 BID ITEMS QTYUNITUNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNTSOUTH GULFVIEW BLVD. DRAINAGE IMPROVEMENTS (11-0019-EN)BID OPENING -TUESDAY, MAY 21, 2013 AWARD - THURSDAY, JUNE 19, 2013MTM CONTRACTORS, INC. 6550 - 53RD ST. NO. PINELLAS PARK, FL 33781STEVE'S EXCAV. & PAVING, INC. P.O. BOX 303 DUNEDIN, FL 33755AJAX PAVING INDUSTRIES OF FL, LLC 510 GENE GREEN RD. NOKOMIS, FL 342752 EARTHWORK2.1 Demolition 1 LS-$ 22,000.00$ 22,000.00$ 7,350.00$ 7,350.00$ 2.2 Unsuitable Material Removal & Replacement 100 CY-$ 40.00$ 4,000.00$ 50.00$ 5,000.00$ Subtotal Earthwork Items 2.1 - 2.2-$ 26,000.00$ 12,350.00$ 3 DRAINAGE3.1 18" RCP 47 LF-$ 129.00$ 6,063.00$ 92.00$ 4,324.00$ 3.218" Ductile Iron Pipe (Cement Lined Class 200) 26 LF-$ 271.00$ 7,046.00$ 165.00$ 4,290.00$ 3.218" Ductile Iron Pipe (Cement Lined Class 200) 26 LF-$ 271.00$ 7,046.00$ 165.00$ 4,290.00$ 3.324" Ductile Iron Pipe (Cement Lined Class 200) 45 LF-$ 456.00$ 20,520.00$ 198.00$ 8,910.00$ 3.4 30" RCP 0' - 6' Cut 73 LF-$ 138.00$ 10,074.00$ 77.00$ 5,621.00$ 3.5 30" RCP 6' - 8' Cut 24 LF-$ 138.00$ 3,312.00$ 78.00$ 1,872.00$ 3.85' Diameter FDOT Conflict Manhole 2 EA-$ 6,800.00$ 13,600.00$ 5,645.00$ 11,290.00$ 3.96' Square FDOT Conflict Manhole 1 EA-$ 6,800.00$ 6,800.00$ 6,852.00$ 6,852.00$ 3.11 FDOT Type 5 Curb Inlet 1 EA-$ 4,800.00$ 4,800.00$ 4,145.00$ 4,145.00$ 3.12 FDOT Type 6 Curb Inlet 3 EA-$ 5,560.00$ 16,680.00$ 5,725.00$ 17,175.00$ 3.13 Manatee Barrier 1 LS-$ 5,500.00$ 5,500.00$ 2,800.00$ 2,800.00$ 3.14 Rip Rap at Outfall 1 LS-$ 3,500.00$ 3,500.00$ 1,760.00$ 1,760.00$ 3.15 Seawall Reconstruction at 36" Storm Pipe Outfall 1 LS-$ 39,000.00$ 39,000.00$ 4,700.00$ 4,700.00$ 3.16A Jack & Bore of 42" DIP Including 36" PVC Storm Pipe 157 LF -$ 1,260.00$ 197,820.00$ 1,700.00$ 266,900.00$ 3.17A Alternate Pipe Grout of 15" Pipe 8 CY-$ 300.00$ 2,400.00$ 425.00$ 3,400.00$ Subtotal Drainage Items 3.1 - 3.17A-$ 337,115.00$ 344,039.00$ 4 PAVING & MARKING4.1 3" FDOT Type S Asphalt 306 SY-$ 33.98$ 10,397.88$ 19.50$ 5,967.00$ 4.2 8" Compacted Crushed Concrete Base 273 SY-$ 30.00$ 8,190.00$ 29.50$ 8,053.50$ 4.3 Concrete Sidewalk 4" Thick 1,456 SY-$ 4.90$ 7,134.40$ 4.80$ 6,988.80$ 4.4 Concrete Driveway 6" Thick 360 SF-$ 5.60$ 2,016.00$ 5.50$ 1,980.00$ 4.5FDOT Type F Curb 185 LF-$ 25.00$ 4,625.00$ 20.00$ 3,700.00$ 4.6 Valley Gutter Curb 30 LF-$ 25.00$ 750.00$ 30.00$ 900.00$ Attachment number 1 \nPage 4 of 6 Item # 22 BID ITEMS QTYUNITUNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNTSOUTH GULFVIEW BLVD. DRAINAGE IMPROVEMENTS (11-0019-EN)BID OPENING -TUESDAY, MAY 21, 2013 AWARD - THURSDAY, JUNE 19, 2013MTM CONTRACTORS, INC. 6550 - 53RD ST. NO. PINELLAS PARK, FL 33781STEVE'S EXCAV. & PAVING, INC. P.O. BOX 303 DUNEDIN, FL 33755AJAX PAVING INDUSTRIES OF FL, LLC 510 GENE GREEN RD. NOKOMIS, FL 342754.7 Pavement Markings / Striping Restoration 1 LS-$ 3,500.00$ 3,500.00$ 1,950.00$ 1,950.00$ 4.8 Handicap Ramp 3 EA-$ 1,800.00$ 5,400.00$ 3,250.00$ 9,750.00$ 4.9 Modified FDOT Type F Curb 56 LF-$ 25.00$ 1,400.00$ 30.00$ 1,680.00$ Subtotal Paving & Markings Items 4.1 - 4.9-$ 43,413.28$ 40,969.30$ 5 LANDSCAPING & SODDING 5.1 Sodding 500 SF-$ 1.00$ 500.00$ 4.00$ 2,000.00$ 5.3Restoration in Easement 1 LS-$ 2,500.00$ 2,500.00$ 32,500.00$ 32,500.00$ 5.3Restoration in Easement 1 LS-$ 2,500.00$ 2,500.00$ 32,500.00$ 32,500.00$ Subtotal Landscaping & Sodding Items 5.1 - 5.3-$ 3,000.00$ 34,500.00$ Subtotal Stormwater (1.1 - 5.3)-$ 443,678.28$ 475,678.30$ 5.415% Contingency 1 LS$0.00 $66,551.74 $71,351.75Total Stormwater (Items 1.1 - 5.4)-$ 510,230.02$ 547,030.05$ UTILITIES7 SEWER 7.1 8" Ductile Iron Pipe Sanitary w/Fernco Couplings 40 LF-$ 116.00$ 4,640.00$ 160.00$ 6,400.00$ 7.2 8" PVC Sanitary w/Fernco Couplings 20 LF-$ 86.00$ 1,720.00$ 112.00$ 2,240.00$ Subtotal Sewer Items 7.1 - 7.2 -$ 6,360.00$ 8,640.00$ 7.330% Contingency 1 LS$0.00 $1,908.00 $2,592.00Total Stormwater (Items 7.1-7.3)-$ 8,268.00$ 11,232.00$ 8 WATER 8.1Potable Water offset (6") 1 LF-$ 3,800.00$ 3,800.00$ 5,140.00$ 5,140.00$ 8.1Potable Water offset (6") 1 LF-$ 3,800.00$ 3,800.00$ 5,140.00$ 5,140.00$ 8.230% Contingency 1 LS$0.00 $1,140.00 $1,542.00Total Water (Items 8.1-8.2) -$ 4,940.00$ 6,682.00$ 9 RECLAIMED WATER 9.1 Reclaimed Water offset (8") 1 LS-$ 4,800.00$ 4,800.00$ 5,075.00$ 5,075.00$ 9.2 Reclaimed Water offset (12") 1 LS-$ 9,850.00$ 9,850.00$ 7,350.00$ 7,350.00$ Attachment number 1 \nPage 5 of 6 Item # 22 BID ITEMS QTYUNITUNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNTSOUTH GULFVIEW BLVD. DRAINAGE IMPROVEMENTS (11-0019-EN)BID OPENING -TUESDAY, MAY 21, 2013 AWARD - THURSDAY, JUNE 19, 2013MTM CONTRACTORS, INC. 6550 - 53RD ST. NO. PINELLAS PARK, FL 33781STEVE'S EXCAV. & PAVING, INC. P.O. BOX 303 DUNEDIN, FL 33755AJAX PAVING INDUSTRIES OF FL, LLC 510 GENE GREEN RD. NOKOMIS, FL 34275Subtotal Reclaimed Water Items 9.1 - 9.2 -$ 14,650.00$ 12,425.00$ 9.330% Contingency 1 LS$0.00 $4,395.00 $3,727.50Total Reclaimed Water (Items 9.1-9.3)-$ 19,045.00$ 16,152.50$ Subtotal Utilities(7.1-7.2, 8.1, & 9.1-92)-$ 24,810.00$ 26,205.00$ Total Contingency Utilities (7.3, 8.2 & 9.3)$0.00 $7,443.00 $7,861.50Total Utilities (7.1-9.3)-$ 32,253.00$ 34,066.50$ Total Utilities (7.1-9.3)-$ 32,253.00$ 34,066.50$ Subtotal (1.1-5.3, 7.1-7.2, 8.1, 9.1-9.2)-$ 468,488.28$ 501,883.30$ Total Contingency (5.4, 7.3, 8.2 & 9.3)$0.00 $73,994.74 $79,213.25Total Alternative 1 (1.1 - 9.3)-$ 542,483.02$ 581,096.55$ Attachment number 1 \nPage 6 of 6 Item # 22 Attachment number 2 \nPage 1 of 20 Item # 22 Attachment number 2 \nPage 2 of 20 Item # 22 Attachment number 2 \nPage 3 of 20 Item # 22 Attachment number 2 \nPage 4 of 20 Item # 22 Attachment number 2 \nPage 5 of 20 Item # 22 Attachment number 2 \nPage 6 of 20 Item # 22 Attachment number 2 \nPage 7 of 20 Item # 22 Attachment number 2 \nPage 8 of 20 Item # 22 Attachment number 2 \nPage 9 of 20 Item # 22 Attachment number 2 \nPage 10 of 20 Item # 22 Attachment number 2 \nPage 11 of 20 Item # 22 Attachment number 2 \nPage 12 of 20 Item # 22 Attachment number 2 \nPage 13 of 20 Item # 22 Attachment number 2 \nPage 14 of 20 Item # 22 Attachment number 2 \nPage 15 of 20 Item # 22 Attachment number 2 \nPage 16 of 20 Item # 22 Attachment number 2 \nPage 17 of 20 Item # 22 Attachment number 2 \nPage 18 of 20 Item # 22 Attachment number 2 \nPage 19 of 20 Item # 22 Attachment number 2 \nPage 20 of 20 Item # 22 LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Storm DrainLocation Approx. 330 LF MBK PV N.T.S.285A 17-29n-15w5/30/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: South Gulfview Drainage Improvements Map Document: (V:\GIS\Templates\____________________.mxd)HAMDEN DRBAYWAY BLVD S GULFVIEW BLVD BAYSIDE DR Attachment number 3 \nPage 1 of 1 Item # 22 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Accept two drainage easements conveyed to the City by separate property owners over portions of property located at 2553 and 2559 Brentwood Drive for use by the City’s Stormwater Division. (consent) SUMMARY: The easements allow the construction of the 30 in.-PVC drainage outfall from Brentwood Drive. This segment of pipe is part of the Tropic Hills Phase III Stormwater Outfall Project, which was awarded by Council on April 18, 2013 to Steve’s Excavating Inc. The easements are being granted by each property owner at no cost to the City. Review Approval:1) Official Records and Legislative Services Cover Memo Item # 23 Attachment number 1 \nPage 1 of 6 Item # 23 Attachment number 1 \nPage 2 of 6 Item # 23 Attachment number 1 \nPage 3 of 6 Item # 23 Attachment number 1 \nPage 4 of 6 Item # 23 Attachment number 1 \nPage 5 of 6 Item # 23 Attachment number 1 \nPage 6 of 6 Item # 23 Attachment number 2 \nPage 1 of 6 Item # 23 Attachment number 2 \nPage 2 of 6 Item # 23 Attachment number 2 \nPage 3 of 6 Item # 23 Attachment number 2 \nPage 4 of 6 Item # 23 Attachment number 2 \nPage 5 of 6 Item # 23 Attachment number 2 \nPage 6 of 6 Item # 23 AVEAVEAVEAVEAVEAVEAVEEDENVILLEAVEBURNICE DR BLVD DR BLVDSUMMERLINDR SUMMERLIN FAIRBANKS GLENANN DR MORELAND HARN DICKENSONMORELANDBRENTWOOD DRIVEDRFLUSHINGHERMITAGEFRUITLANDGRENADA EVERGLADESCARACASDRIFTWOODAVETROPIC HILLS DR SR-55BURMA^ EASEMENTLOCATION Location Map ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM CRL N.T.S.309B 19-29s-16e5/24/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: TWO DRAINAGE EASEMENTS2553 & 2559 BRENTWOOD DR. DRUID Path: V:\GIS\Engineering\Location Maps\Brentwood Dr Drainage Easement.mxd Attachment number 3 \nPage 1 of 1 Item # 23 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Amend the City’s fiscal year 2012/13 Operating and Capital Improvement Budgets at mid year and pass Ordinances 8432-13 and 8433-13 on first reading. SUMMARY: The fiscal year 2012/13 Operating and Capital Improvement Budgets were adopted in September 2012 by Ordinances 8356-12 and 8357-12. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Review Approval:1) Official Records and Legislative Services Cover Memo Item # 24 Mid Year Budget Review Fiscal 2012-13 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Jill Silverboard, Assistant City Manager Rod Irwin, Assistant City Manager Department Directors SUBJECT: Mid Year Budget Review - Amended City Manager's Annual Budget Report DATE: June 3, 2013 Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances. The report is based on six months of activity (October, 2012 through March, 2012) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenues and expenditure amendments reflect a net increase of $189,300. The major reason for the overall General Fund expenditure increase is the appropriation of General Fund retained earnings of $146,620 at mid year which include the following: $20,000 for entryway signs, and $9,000 for restroom demolition at Crest Lake Park, both of which were previously approved by Council. Other expenditure increases include an appropriation of $117,620 of General Fund retained earnings to fund a resignation settlement and retirement payouts in the Fire Department, and an increase of $27,000 in EMS overtime which is offset by a reimbursement from the Phillies for EMS coverage at Phillies and Threshers baseball games. General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy reflects that General Fund unappropriated retained earnings of 8.5% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2012 books, and the allocation of reserves noted above, estimated General Fund reserves at mid year are approximately $19.3 million, or 17.0% of the current year’s General Fund budget, exceeding our reserve policy by $9.6 million. Significant amendments to other City Operating Funds are noted as follows. Water & Sewer Fund Mid year budget amendments to the Water and Sewer Fund reflect a net increase of $15,826,774 which represent allocations of Water and Sewer Fund reserves transferred to capital project 315-96767, Reverse Osmosis Plant at Reservoir #2 as previously approved by Council. Attachment number 1 \nPage 1 of 3 Item # 24 Mid Year Budget Review Fiscal 2012-13 City Manager's Transmittal Gas Fund Mid year budget amendments to the Gas Fund expenditures reflect a net increase of $213,893. This increase is primarily the result of the following amendments; an increase of $119,067 in personal services to cover retirement payouts, an increase of $60,000 for an equipment purchase, and an increase of $50,000 in inventory purchased for resale. These expenditure increases are offset by increase to Gas Fund revenues. Solid Waste Fund Budget amendments to the Solid Waste Fund expenditures reflect a net decrease of $211,900 primarily related to a reduction in Dump Fees due to lower than expected tonnages. Recycling Fund Budget amendments to the Recycling Fund expenditures reflect a net decrease of $31,700 primarily related to a reduction in inventory purchased for resale due to a drop in the volume of recyclables purchased from other municipalities. Marine Fund Mid Year amendments to the Marine Fund expenditures reflect a net decrease of $92,000 primarily related to a reduction in Cost of Goods Sold due to lower than expected fuel sales. Airpark Fund Mid year expenditure amendments in the Airpark Fund reflect a net increase of $24,715. Amendments include an allocation of Airpark Fund reserves of $6,215 transferred to project 315-94858, Airpark Security Improvements as previously approved by the Council; an allocation of Airpark Fund reserves of $10,000 transferred to project 315-94817, Airpark Maintenance & Repair to fund increased maintenance needs in older hangars; and increases totaling $8,500 to fund higher than anticipated utilities costs related to ground water cleanup. General Services Fund Mid year budget amendments to the General Services Fund reflect an appropriation of $25,910 in General Services fund reserves to fund the retirement payout of a long term employee. Garage Fund Mid year budget amendments to the Garage Fund reflect an appropriation of $74,300 in Garage fund reserves to fund the retirement payout of three long term employees. Capital Improvement Fund Mid Year amendments to the Capital Improvement Fund reflect an increase of $27,270,944. The main reason for this increase is the funding of the Reverse Osmosis Plant at Reservoir #2, recognizing Water and Sewer reserve funding and grant funding totaling more than $27.3 million. Other significant amendments include the funding of the stormwater project for Magnolia Drive Outfall at $550,000 and $100,000 of Special Program revenue for the refurbishment of Pier 60. This report also includes the closure of the Gulf to Bay and Highland Improvement project and the return of $771,799 of Penny for Pinellas revenue to the Special Development Fund. All major project budget increases listed above have been previously approved by Council and are also summarized on page 18. Attachment number 1 \nPage 2 of 3 Item # 24 Mid Year Budget Review Fiscal 2012-13 City Manager's Transmittal One amendment of special note is the closure of the Clearwater Pass Maintenance Dredging project and related amendments noted on page 22 and 23 of this report. This project is complete and the balance of $496,204 of General Fund revenues is proposed to be moved to two other projects. The Waterway Maintenance project is proposed to receive $250,000 of this funding to provide navigational aids, informational signs, buoys, and other public safety needs to maintain City waterways. The balance of $246,204 is proposed to establish a new project, Dredging of City Waterways, which will provide maintenance dredging on all necessary waterways including Clearwater Pass and various cut channels throughout the City. Special Program Fund The Special Program Fund reflects a net budget increase of $2,112,146 at mid-year. Amendments include the recognition of over $1.4 million in Federal Disaster and other grant revenues for Tropical Storm Debbie, and reimbursements from the City of Tampa for the radios purchased for the RNC convention. These proceeds are all returned to the Emergency Operations project, making this project whole just in time for the hurricane season. Other significant amendments reflect almost $449,000 for the special events and sponsorships programs in the last three months, $67,000 in fines and court proceeds to support public safety programs, over $104,000 in revenues for police outside duty contractual services, and the allocation of $100,000 of Special Program reserves to the Pier 60 refurbishment capital project. Attachment number 1 \nPage 3 of 3 Item # 24 CITY OF CLEARWATER CITY OF CLEARWATER MID YEAR SUMMARY THIRD QUARTER SUMMARY 2012/13 2012/13 FY 12/13 First Adopted Quarter Mid Year Mid Year Mid Year Amended Description Budget Amended Projected Actual Variance %Adjustment Budget General Fund: Revenues 113,391,470 114,837,487 65,619,146 65,674,634 55,488 0%189,300 115,026,788 Expenditures 113,391,470 114,837,487 67,528,156 65,424,180 2,103,976 3%189,300 115,026,788 Utility Funds: Water & Sewer Fund Revenues 65,307,170 65,574,142 32,451,758 32,362,935 (88,823) 0%15,826,774 81,400,916 Expenditures 64,138,060 64,405,032 37,322,729 35,743,591 1,579,138 4%15,826,774 80,231,806 Stormwater Fund Revenues 18,444,180 18,482,417 8,242,239 8,293,353 51,114 1%- 18,482,417 Expenditures 18,444,180 18,482,417 13,380,397 12,814,428 565,969 4%- 18,482,417 Gas Fund Revenues 39,786,640 41,243,405 21,194,301 19,941,043 (1,253,258) -6%1,066,000 42,309,405 Expenditures 34,595,830 36,052,595 20,928,808 19,224,951 1,703,857 8%213,893 36,266,488 Solid Waste Fund Revenues 19,727,860 19,780,607 9,945,163 10,052,239 107,076 1%42,000 19,822,607 Expenditures 18,555,090 18,558,337 10,051,915 9,558,865 493,050 5%(211,900) 18,346,437 Recycling Fund Revenues 2,945,650 2,992,704 1,354,702 1,277,378 (77,324) -6%(26,000) 2,966,704 Expenditures 2,945,650 2,970,724 1,631,455 1,565,341 66,114 4%(31,700) 2,939,024 Enterprise Funds: Marine Fund Revenues 4,563,620 4,572,910 1,948,994 1,782,307 (166,687) -9%(100,000) 4,472,910 Expenditures 4,510,610 4,519,900 2,054,779 1,947,906 106,873 5%(92,000) 4,427,900 Airpark Fund Revenues 260,000 285,691 130,893 108,558 (22,335) -17%16,215 301,906 Expenditures 155,290 180,961 111,562 117,173 (5,611) -5%24,715 205,676 Clearwater Harbor Marina Fund Revenues 476,200 478,402 273,504 317,136 43,632 16%- 478,402 Expenditures 394,830 397,032 218,140 203,838 14,302 7%5,000 402,032 Parking Fund Revenues 4,497,500 4,550,224 2,090,724 2,135,084 44,360 2%- 4,550,224 Expenditures 4,007,790 4,018,721 2,183,727 2,150,312 33,415 2%- 4,018,721 Harborview Center Revenues 148,000 63,260 32,130 28,232 (3,898) -12%- 63,260 Expenditures 41,350 41,350 21,922 10,422 11,500 52%- 41,350 Internal Service Funds: General Services Fund Revenues 4,646,940 4,678,373 2,355,903 2,391,109 35,206 1%25,910 4,704,283 Expenditures 4,579,400 4,610,833 2,528,604 2,422,692 105,912 4%25,910 4,636,743 Administrative Services Revenues 9,215,200 9,299,534 4,612,644 4,578,899 (33,745) -1%- 9,299,534 Expenditures 9,109,930 9,194,264 5,205,682 4,835,635 370,047 7%- 9,194,264 Garage Fund Revenues 13,012,810 13,115,892 6,501,251 6,438,689 (62,562) -1%74,300 13,190,192 Expenditures 13,012,810 13,115,892 6,871,869 6,611,600 260,269 4%74,300 13,190,192 Central Insurance Fund Revenues 19,975,660 21,175,660 9,202,640 9,250,188 47,548 1%- 21,175,660 Expenditures 19,975,660 21,175,660 11,232,560 7,911,474 3,321,086 30%- 21,175,660 Attachment number 2 \nPage 1 of 1 Item # 24 1 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2012-13 REPORT PAGE # General Fund Operating Budget ................................................................................................................... 3 Utility Funds Operating Budget ..................................................................................................................... 7 Other Enterprise Funds Operating Budgets .............................................................................................. 11 Internal Service Funds Operating Budgets ................................................................................................. 15 Capital Improvement Program Budget ....................................................................................................... 18 Special Program Fund Budget .................................................................................................................... 33 Special Development Funds ....................................................................................................................... 38 Administrative Change Orders .................................................................................................................... 41 Ordinances .................................................................................................................................................. 42 Mid Year budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents six months, October 1, 2012 through March 31, 2013. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2013. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 20, 2012. Mid Year Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Mid Year Actual Self-explanatory. Variance Difference between Mid Year projected and Mid Year actual. Variance % % of variance to Mid Year projection. Adjustments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on Mid Year review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. Attachment number 3 \nPage 1 of 2 Item # 24 2 Capital Improvement Projects The amended 2012/13 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions: Budget The budget as of October 1, 2012, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the Mid Year review. Revised Budget Adding columns one and two. Expenditure Self-explanatory. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Attachment number 3 \nPage 2 of 2 Item # 24 Increase/ (Decrease)Description Franchise Fees At mid year,franchise fee revenues reflect an 12%negative variance primarily related to the Progress Energy fee. Revenues received for the first seven periods of the year are 19%less than expected due to mild winter weather patterns. No amendments are proposed until further months of revenue are available for review. Intergovernmental Other Intergovernmental 8,180 Mid year amendments to Other Governmental revenue reflect an increase of $8,180.42 in reimbursements supporting the Joint Terrorism Task Force,and Drug Enforcement Agency which offset expenditure increases in the Police Department. Charges for Service 7,000 At mid year,Charges for Service revenue reflects an increase of $7,000 to Concession Souvenirs which offset increases to Pier 60 expenditures. Fines & Forfeitures At mid year,fines and forfeitures revenues reflect a 13% negative variance primarily due to timing of the posting of court fines from Pinellas County Clerk of the Court.No amendments are proposed until further data is available for review. Interest Income Revenue for interest earnings for the first half of the year is approximately 43%less than anticipated.This will be monitored for possible amendment once more data is available for review. Miscellaneous 27,500 At mid year,miscellaneous revenues reflect a 121%positive variance primarily related to timing of the posting of the annual percentage of sales payment for Pier 60 concessions. Amendments reflect an increase of $27,000 representing reimbursements from the Phillies for EMS coverage at Phillies and Threshers baseball games,this revenue will offset an expenditure increase in overtime in the Fire Department;and an increase of $500 representing a reimbursement from Illinois Humanities for food at various training events which will offset an expenditure increase in the Police Department. City of Clearwater General Fund Revenues Mid Year Amendments FY 2012/13 3 Attachment number 4 \nPage 1 of 2 Item # 24 Increase/ (Decrease)Description City of Clearwater General Fund Revenues Mid Year Amendments FY 2012/13 2 At mid year,interfund charges/transfer in revenue reflects the return of $2.12 in General Fund revenues from capital project 315-94846,FBO Building Improvements,due to completion of the project. Mid year amendments reflect a net appropriation of $146,620.00 from General Fund retained earnings. Amendments represent the following allocations: 117,620 1)An appropriation of $117,620 from retained earnings to fund a resignation settlement and retirement payouts of two long term employees in the Fire Department. 9,000 2)An appropriation of $9,000 from retained earnings to fund the demolition of the Crest Lake Park restrooms as approved by the Council on April 4, 2013. 20,000 3)An appropriation of $20,000 from retained earnings to fund up to four entryway signs based on Council discussion at the work session on March 5, 2013. (2) 4)A reduction to the use of General Fund reserves by $2.12 will bring the General Fund in balance at mid year.This reduction represents the return of funds from closed capital project 315-94846, FBO Building Improvements. 146,618 189,300 Net General Fund Revenue Amendment Net Transfer (to) from Retained Earnings Transfer (to) from Surplus Interfund Charges/ Transfers In 4 Attachment number 4 \nPage 2 of 2 Item # 24 Increase/ (Decrease)Description At mid year,the 11%negative variance in the Economic Development and Housing department is related to a timing variance for the payment of the marketing/tourism contract with Imagine Global Consulting. No amendments are proposed. 144,620 Mid year amendments to the Fire Department reflect a net increase of $144,620.Amendments include:1)an increase of $27,000 to Overtime for EMS staffing at Phillies and Threshers baseball games.Offsetting revenues recognizing reimbursements from the Phillies are reflected in General Fund revenues;2)an increase to Legal Settlements for $50,000 to fund a resignation settlement with offsetting revenues from General Fund retained earnings;and 3)an increase of $67,620 to fund retirement payouts of two long term employees with offsetting revenues from General Fund retained earnings. 7,000 Mid year amendments to the Marine and Aviation category reflect an increase of $4,000 to Gas,Water and Solid Waste; and an increase of $3,000 to Operating Supplies supporting the Pier 60 operations.These expenditure increases are offset by an increase to Pier 60 revenues. 29,000 Mid year amendments to Parks and Recreation expenditures include the following:1)an increase of $9,000 in Parks & Beautification Administration to fund the demolition of the Crest Lake Park Restrooms as approved by the Council on April 4, 2013 with offsetting revenues reflected from General Fund reserves;and 2)an increase of $20,000 in Parks &Recreation Administration to fund up to four entryway signs based on Council discussion at the March 5,2013 work session with offsetting revenues reflected from General Fund reserves; 8,680 Mid year amendments to the Police Department reflect a net increase of $8,680.42.Amendments include:1)an increase to overtime by $8,180.42 which is offset by revenue amendments recognizing the reimbursements received for overtime from the Joint Terrorism Task Force (FBI)and the DEA (US Department of Justice,Drug Enforcement Agency);and 2)an increase to operating expenditures by $500 which is offset by a revenue amendment recognizing a donation from Illinios Humanities for food at various training events. 189,300 City of Clearwater General Fund Expenditures Mid Year Amendments FY 2012/13 Net General Fund Expenditure Amendment Police Parks & Recreation Fire Economic Development & Housing Marine & Aviation 5 Attachment number 5 \nPage 1 of 1 Item # 24 2012/13 2012/13 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget GENERAL FUND GENERAL FUND REVENUES Property Taxes 35,468,760 31,505,000 32,034,460 529,460 2%- 35,468,760 Franchise Fees 10,212,930 4,100,214 3,616,286 (483,928) -12%- 10,212,930 Utility Taxes 13,214,180 5,313,896 5,368,402 54,506 1%- 13,214,180 Licenses, Permits & Fees 3,718,250 1,292,202 1,461,343 169,141 13%- 3,718,250 Intergovernmental Sales Tax 5,750,000 1,916,668 1,942,317 25,649 1%- 5,750,000 Communications Services Tax 6,136,730 2,045,576 2,004,899 (40,677) -2%- 6,136,730 Other Intergovernmental 11,594,787 5,078,382 5,290,492 212,110 4%8,180 11,602,968 Charges for Services 4,405,760 2,004,340 1,947,740 (56,600) -3%7,000 4,412,760 Fines & Forfeitures 616,650 297,078 257,776 (39,302) -13%- 616,650 Interest Income 510,000 295,600 168,936 (126,664) -43%- 510,000 Miscellaneous Revenues 1,047,000 276,408 611,473 335,065 121%27,500 1,074,500 Interfund Charges / Transfers In 19,549,756 11,493,782 10,970,510 (523,272) -5%2 19,549,758 OPERATING REVENUES 112,224,803 65,619,146 65,674,634 55,488 0%42,683 112,267,486 Transfer (to) from Surplus 2,612,684 - - - ~146,618 2,759,302 TOTAL REVENUES 114,837,487 65,619,146 65,674,634 55,488 0%189,300 115,026,788 GENERAL FUND EXPENDITURES City Council 283,179 164,935 143,071 21,864 13%- 283,179 City Manager's Office 1,249,239 662,558 577,513 85,045 13%- 1,249,239 City Attorney's Office 1,554,726 815,460 692,690 122,770 15%- 1,554,726 City Auditor's Office 195,423 115,797 115,085 712 1%- 195,423 Economic Development & Housing 1,256,862 700,595 780,343 (79,748) -11%- 1,256,862 Engineering 7,708,913 4,116,972 3,901,120 215,852 5%- 7,708,913 Finance 2,183,243 1,257,447 1,177,153 80,294 6%- 2,183,243 Fire 24,590,196 15,141,816 14,886,657 255,159 2%144,620 24,734,816 Human Resources 1,034,832 573,506 490,683 82,823 14%- 1,034,832 Library 5,857,914 3,533,656 3,391,732 141,924 4%- 5,857,914 Marine & Aviation 595,655 321,956 328,393 (6,437) -2%7,000 602,655 Non-Departmental 3,780,390 2,709,544 2,697,932 11,612 0%- 3,780,390 Office of Management & Budget 307,511 182,649 182,324 325 0%- 307,511 Official Records & Legislative Svcs 1,040,078 607,163 502,485 104,678 17%- 1,040,078 Parks & Recreation 21,104,259 11,881,025 11,278,453 602,572 5%29,000 21,133,259 Planning & Development 4,796,274 2,737,881 2,652,431 85,450 3%- 4,796,274 Police 36,150,050 21,372,742 21,030,099 342,643 2%8,680 36,158,731 Public Communications 909,813 512,988 481,809 31,179 6%- 909,813 Public Utilities 238,930 119,466 114,210 5,256 4%- 238,930 Allocation to GF Reserve - - - - ~- - TOTAL EXPENDITURES 114,837,487 67,528,156 65,424,180 2,103,976 3%189,300 115,026,788 For Six Month Period of October 1, 2012- March 31, 2013 GENERAL FUND MID YEAR REVIEW 6 Attachment number 6 \nPage 1 of 1 Item # 24 Increase/ (Decrease)Description Water & Sewer Fund At mid year, anticipated revenues of the Water & Sewer Fund exceed anticipated expenditures by $1,169,110 for fiscal year 2012/13. Revenues:15,826,774 Mid year amendments to Water and Sewer Fund revenues reflect the allocation of $15,826,773.88 in Water and Sewer fund retained earnings to fund capital project 315-96767,Reverse Osmosis Plant at Reservoir 2.Funding for the construction engineering and inspection (CEI)contract in the amount of $265,659 was approved by the Council on May 1,2013;funding for the construction of Water Treatment Plant 2 -contract 4 in the amount of $8,061,114.88 was approved by the Council on May 1,2013;and funding for the construction of Water Treatment Plant 2 -contract 3 in the amount of $7,500,000 was approved by the Council on May 16, 2013. Expenditures:15,826,774 At mid year,amendments to Water and Sewer Fund expenditures reflect a transfer to capital project 315-96767,Reverse Osmosis Plant at Reservoir #2 for $15,826,774.This transfer provides funding for various construction contracts as approved by the Council on May 1 and May 16, 2013. Stormwater Fund At mid year, anticipated revenues of the Stormwater Fund equal anticipated expenditures for fiscal year 2012/13. Revenues: No amendments are proposed to Stormwater Fund revenues at mid year. Expenditures: No amendments are proposed to Stormwater Fund expenditures at mid year. Gas Fund At mid year, anticipated revenues of the Gas Fund exceed anticipated expenditures by $6,042,917 for fiscal year 2012/13. Revenues:1,066,000 Mid year Gas Fund revenues reflect an increase of $1,066,000. Amendments include:1)an increase of $740,000 in recovery clauses due to increased sales;2)an increase of $250,000 in PGA due to increased sales;3)an increase of $40,000 in Capitalized Labor and Materials; and 4) an increase of $36,000 in Vehicle Natural Gas Sales. Expenditures:213,893 At mid year,Gas Fund expenditures reflect a net increase of $213,893.Amendments include:1)an increase of $119,067 in personal services to cover retirement payouts of three long term employees;2)an increase of $60,000 in Machinery and Equipment for the purchase of a sonic prover that was approved by the Resource Management Committee;3)an increase of $50,000 in Inventory Purchases for Resale;and 4)various amendments across all cost centers which net a decrease of $15,174 to bring the budget in line with actual expenditures to date. City of Clearwater Utility Funds Mid Year Amendments FY 2012/13 7 Attachment number 7 \nPage 1 of 2 Item # 24 Increase/ (Decrease)Description City of Clearwater Utility Funds Mid Year Amendments FY 2012/13 Solid Waste Fund At mid year, anticipated revenues of the Solid Waste Fund exceed anticipated expenditures by $ 1,476,170 for fiscal year 2012/13. Revenues:42,000 At mid year,Solid Waste Fund revenues reflect a net increase of $42,000.Amendments include:an increase of $100,000 in Solid Waste Collection Charges due to better than anticipated performance; an increase of $20,000 in Other General Revenue to bring the budget in line with expected collections for the year;and a decrease of $78,000 in Interest on Investments due to lower than anticipated earnings for the year. Expenditures:(211,900) Mid year expenditure amendments reflect a net decrease of $211,900.Amendments include:a decrease of $255,000 in Dump Fees based on lower than expected tonnages in collection programs; an increase of $20,000 in Garage Equipment Repair due to the repair of transfer trailers;an increase of $10,000 in Operating Supplies due to the increased use of deodorizers in commercial containers;an increase of $5,400 in Machine and Equipment due to the purchase of an additional time clock and hand dryer;an increase of $5,200 due to a mass mailing regarding electronic waste disposal;and an increase of $2,500 in Garage Variable to cover higher than anticipated costs. Recycling Fund At mid year, anticipated revenues of the Recycling Fund exceed anticipated expenditures by $27,680 for fiscal year 2012/13. Revenues:(26,000) At mid year,Recycling Fund revenues reflect a net reduction of $26,000.Amendments include:an increase of $32,000 to Recycling Fees due to better than projected fee generation;a reduction of $38,000 to Sale of Recyclables due to the loss of the City of Dunedin's recyclables to Republic Services and Safety Harbor going to single stream recycling;and a decrease of $20,000 to Interest on Investments due to lower than anticipated earnings. Expenditures (31,700) Mid year Recycling Fund expenditures reflect a net decrease of $31,700.Amendments include:a reduction of $15,000 to Garage Services due to lower than anticipated charges;a reduction of $25,000 to Inventory Purchased for Resale due to a drop in the volume of recyclables purchased from other municipalities;a decrease of $2,000 to Electrical Charges;an increase of $7,400 to Garage Equipment Repair;an increase of $1,500 in Other Contractual Services;and $1,400 in Garage Variable to bring the budget in line with actual expenditures. 8 Attachment number 7 \nPage 2 of 2 Item # 24 2012/13 2012/13 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget WATER & SEWER FUND Water & Sewer Fund Revenues Operating Revenue 63,704,850 31,852,422 31,707,776 (144,646) 0%- 63,704,850 Non-Operating Revenue 1,602,320 471,704 440,644 (31,060) -7%- 1,602,320 Contributions - - 86,219 86,219 ~- - Transfers In 127,632 127,632 128,296 664 1%- 127,632 Use of Fund Equity 139,340 - - - ~15,826,774 15,966,114 Total Revenues 65,574,142 32,451,758 32,362,935 (88,823) 0%15,826,774 81,400,916 Water & Sewer Fund Expenditures Public Utilities Administration 1,060,369 625,991 602,159 23,832 4%- 1,060,369 Wastewater Collection 7,928,463 5,469,099 5,312,777 156,322 3%- 7,928,463 Public Utilities Maintenance 4,476,155 2,873,157 2,665,499 207,658 7%- 4,476,155 WPC / Plant Operations 14,591,636 8,773,706 7,683,502 1,090,204 12%- 14,591,636 WPC / Laboratory Operations 1,285,805 685,687 656,646 29,041 4%- 1,285,805 WPC / Industrial Pretreatment 899,532 490,979 340,048 150,931 31%- 899,532 Water Distribution 9,162,165 5,730,901 5,571,101 159,800 3%15,826,774 24,988,939 Water Supply 8,733,815 4,435,314 4,790,407 (355,093) -8%- 8,733,815 Reclaimed Water 2,366,352 1,287,519 1,169,959 117,560 9%- 2,366,352 Non-Departmental 13,900,740 6,950,376 6,951,492 (1,116) 0%- 13,900,740 Total Expenditures 64,405,032 37,322,729 35,743,591 1,579,138 4%15,826,774 80,231,806 STORMWATER FUND Stormwater Utility Revenues Operating Revenues 16,125,100 8,062,554 8,144,399 81,845 1%- 16,125,100 Non-Operating Revenues 261,850 141,448 110,717 (30,731) -22%- 261,850 Transfers In 38,237 38,237 38,237 - 0%- 38,237 Use of Fund Equity 2,057,230 - - - ~- 2,057,230 Total Revenues 18,482,417 8,242,239 8,293,353 51,114 1%- 18,482,417 Stormwater Utility Expenditures Stormwater Management 12,411,779 10,040,526 9,828,397 212,129 2%- 12,411,779 Stormwater Maintenance 6,070,638 3,339,871 2,986,031 353,840 11%- 6,070,638 Total Expenditures 18,482,417 13,380,397 12,814,428 565,969 4%- 18,482,417 GAS FUND Gas Fund Revenues Operating Revenues 37,145,070 20,594,080 19,401,768 (1,192,312) -6%1,026,000 38,171,070 Non-Operating Revenues 607,570 323,086 246,178 (76,908) -24%- 607,570 Transfers In 61,633 61,633 61,633 - 0%- 61,633 Capitalized Labor 431,000 215,502 231,464 15,962 7%40,000 471,000 Use of Fund Equity 2,998,132 - - - ~- 2,998,132 Total Revenues 41,243,405 21,194,301 19,941,043 (1,253,258) -6%1,066,000 42,309,405 Gas Fund Expenditures Administration & Supply 24,154,486 12,822,534 11,543,013 1,279,521 10%(403,835) 23,750,651 South Area Gas Operations 6,598,195 4,633,396 4,346,081 287,315 6%194,409 6,792,604 North Area Gas Operations 2,039,241 1,429,827 1,245,001 184,826 13%301,423 2,340,664 Marketing & Sales 3,260,673 2,043,051 2,090,856 (47,805) -2%121,896 3,382,569 Total Expenditures 36,052,595 20,928,808 19,224,951 1,703,857 8%213,893 36,266,488 For the Six Month Period of October 1, 2012 to March 31, 2013 UTILITY FUNDS MID YEAR REVIEW 9 Attachment number 8 \nPage 1 of 2 Item # 24 2012/13 2012/13 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For the Six Month Period of October 1, 2012 to March 31, 2013 UTILITY FUNDS MID YEAR REVIEW SOLID WASTE FUND Solid Waste Revenues Operating Revenue 18,846,000 9,422,994 9,557,787 134,793 1%100,000 18,946,000 Non-Operating Revenue 615,100 320,794 293,071 (27,723) -9%(58,000) 557,100 Transfers In 319,507 201,375 201,381 6 0%- 319,507 Use of Fund Equity - - - - ~- - Total Revenues 19,780,607 9,945,163 10,052,239 107,076 1%42,000 19,822,607 Solid Waste Expenditures Collection 15,322,276 8,230,388 7,816,798 413,590 5%(231,900) 15,090,376 Transfer 1,491,922 872,115 831,786 40,329 5%20,000 1,511,922 Container Maintenance 803,362 444,001 415,063 28,938 7%- 803,362 Administration 940,777 505,411 495,218 10,193 2%- 940,777 Total Expenditures 18,558,337 10,051,915 9,558,865 493,050 5%(211,900) 18,346,437 RECYCLING FUND Recycling Revenues Operating Revenue 2,566,480 1,302,228 1,238,807 (63,421) -5%(6,000) 2,560,480 Non-Operating Revenue 70,000 38,400 24,497 (13,903) -36%(20,000) 50,000 Transfers In 14,074 14,074 14,074 - 0%- 14,074 Use of Fund Equity 342,150 - - - ~- 342,150 Total Revenues 2,992,704 1,354,702 1,277,378 (77,324) -6%(26,000) 2,966,704 Recycling Expenditures Residential 1,149,146 626,671 570,024 56,647 9%(10,000) 1,139,146 Multi-Family 478,434 257,759 244,853 12,906 5%(5,000) 473,434 Commercial 1,343,144 747,025 750,464 (3,439) 0%(16,700) 1,326,444 Total Expenditures 2,970,724 1,631,455 1,565,341 66,114 4%(31,700) 2,939,024 10 Attachment number 8 \nPage 2 of 2 Item # 24 Increase/ (Decrease)Description Marine Fund Anticipated revenues of the Marine Fund exceed anticipated expenditures by $45,010 at mid year fiscal year 2012/13. Revenues:(100,000) At mid year,Marine Fund revenues reflect a 9%negative variance primarily related to lower than projected fuel sales.Amendments reflect a decrease of $100,000 in Gas, Oil and Fuel Sales. Expenditures:(92,000) Mid year Marine Fund expenditures reflect a decrease of $92,000. Amendments include the following;decreases to Cost of Good Sold for $90,000,R&R Structural Facility for $20,000,and Transfers to CIP for $5,000;and increases to Inventory Purchases for Resale for $10,000,Operating Supplies for $10,000 and Computer Software for $3,000. Clearwater Harbor Marina Fund Anticipated revenues of the Clearwater Harbor Marina fund exceed anticipated expenditures by $76,370 at mid year fiscal year 2012/13. Revenues: No amendments are proposed to Clearwater Harbor Marina Fund revenues at mid year. Expenditures:5,000 Mid year Clearwater Harbor Marina Fund expenditure amendments reflect an increase of $5,000 to Operating Supplies to cover unanticipated supply needs. Airpark Fund Anticipated revenues of the Airpark Fund exceed anticipated expenditures by $96,230 at mid year fiscal year 2012/13. Revenues:16,215 At mid year,revenues in the Airpark Fund reflect a 17%negative variance primarily due to the timing of posting of rental revenues. Amendments reflect an appropriation of Airpark Fund reserves of $6,215.16 to fund the City's share of Airpark security improvements as approved by the Council on April 18,2013;and an appropriation of Airpark Fund reserves of $10,000 to fund increased maintenance needs in older hangars and cameras. Expenditures:24,715 Mid year Airpark Fund expenditure amendments reflect an increase of $5,500 to Gas,Water and Solid Waste and $3,000 to Electrical Charges to cover higher than anticipated costs related to ground water cleanup.Airpark operating revenues will offset these expenditure increases.Amendments also include the transfer of $6,215.16 to capital project 315-94858,Airpark Security Improvements as approved by the Council on April 18,2013;and a transfer of $10,000 to capital project 315-94817,Airpark Maintenance & Repair. FY 2012/13 City of Clearwater Other Enterprise Funds Mid Year Amendments 11 Attachment number 9 \nPage 1 of 2 Item # 24 Increase/ (Decrease)Description FY 2012/13 City of Clearwater Other Enterprise Funds Mid Year Amendments Parking Fund At mid year, anticipated revenues of the Parking Fund exceed anticipated expenditures by $531,503 for fiscal year 2012/13. Revenues: No amendments are proposed to Parking Fund revenues at mid year. Expenditures: No amendments are proposed to Parking Fund expenditures at mid year. Harborview Fund Anticipated revenues of the Harborview Fund exceed anticipated expenditures by $21,910 at mid year fiscal year 2012/13. Revenues: At mid year,Harborview Fund revenues reflect a 12%negative variance due to lower than projected Interest Earnings.No amendments are proposed to Harborview Fund revenues at mid year. Expenditures: No amendments are proposed to Harborview Fund expenditures at mid year. 12 Attachment number 9 \nPage 2 of 2 Item # 24 2012/13 2012/13 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget MARINE FUND MARINE FUND REVENUES Operating Revenues 4,405,500 1,864,646 1,687,832 (176,814) -9%(100,000) 4,305,500 Non-Operating Revenues 158,120 75,058 85,185 10,127 13%- 158,120 Transfers In 9,290 9,290 9,290 - 0%- 9,290 Use of Fund Equity - - - - ~- - TOTAL REVENUES 4,572,910 1,948,994 1,782,307 (166,687) -9%(100,000) 4,472,910 MARINE FUND EXPENDITURES Marina Operations 4,519,900 2,054,779 1,947,906 106,873 5%(92,000) 4,427,900 TOTAL EXPENDITURES 4,519,900 2,054,779 1,947,906 106,873 5%(92,000) 4,427,900 CLEARWATER HARBOR MARINA FUND CLEARWATER HARBOR MARINA FUND REVENUES Operating Revenues 404,000 212,198 248,040 35,842 17%- 404,000 Non-Operating Revenues 72,200 59,104 66,894 7,790 13%- 72,200 Transfers In 2,202 2,202 2,202 - 0%- 2,202 Use of Fund Equity - - - - ~- - TOTAL REVENUES 478,402 273,504 317,136 43,632 16%- 478,402 CLEARWATER HARBOR MARINA FUND EXPENDITURES Clearwater Harbor Marina Operations 397,032 218,140 203,838 14,302 7%5,000 402,032 TOTAL EXPENDITURES 397,032 218,140 203,838 14,302 7%5,000 402,032 AIRPARK FUND AIRPARK FUND REVENUES Operating Revenues 252,000 126,000 103,048 (22,952) -18%- 252,000 Non-Operating Revenues 8,000 4,202 4,819 617 15%- 8,000 Transfers In 691 691 691 - 0%- 691 Use of Fund Equity 25,000 - - - ~16,215 41,215 TOTAL REVENUES 285,691 130,893 108,558 (22,335) -17%16,215 301,906 AIRPARK FUND EXPENDITURES Airpark Operations 180,961 111,562 117,173 (5,611) -5%24,715 205,676 TOTAL EXPENDITURES 180,961 111,562 117,173 (5,611) -5%24,715 205,676 For The Six Month Period of October 1, 2012 - March 31, 2013 ENTERPRISE FUNDS MID YEAR REVIEW 13 Attachment number 10 \nPage 1 of 2 Item # 24 2012/13 2012/13 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2012 - March 31, 2013 ENTERPRISE FUNDS MID YEAR REVIEW PARKING FUND PARKING FUND REVENUES Operating Revenues 4,126,500 1,826,000 1,991,131 165,131 9%- 4,126,500 Non-Operating Revenues 371,000 212,000 91,229 (120,771) -57%- 371,000 Transfers In 52,724 52,724 52,724 - 0%- 52,724 Use of Fund Equity - - - - ~- - TOTAL REVENUES 4,550,224 2,090,724 2,135,084 44,360 2%- 4,550,224 PARKING FUND EXPENDITURES Engineering / Parking System 2,944,627 1,631,295 1,633,845 (2,550) 0%- 2,944,627 Engineering / Parking Enforcement 602,687 287,081 265,459 21,622 8%- 602,687 Parks & Rec / Beach Guards 471,407 265,351 251,008 14,343 5%- 471,407 TOTAL EXPENDITURES 4,018,721 2,183,727 2,150,312 33,415 2%- 4,018,721 HARBORVIEW FUND HARBORVIEW CENTER FUND REVENUES Operating Revenues 48,260 24,130 24,128 (2) 0%- 48,260 Non-operating Revenues 15,000 8,000 4,104 (3,896) -49%- 15,000 Transfers In - - - - ~- - Use of Fund Equity - - - - ~- - TOTAL REVENUES 63,260 32,130 28,232 (3,898) -12%- 63,260 HARBORVIEW CENTER FUND EXPENDITURES Harborview Center Operations 41,350 21,922 10,422 11,500 52%- 41,350 TOTAL EXPENDITURES 41,350 21,922 10,422 11,500 52%- 41,350 14 Attachment number 10 \nPage 2 of 2 Item # 24 Increase/ (Decrease)Description General Services At mid year, anticipated revenues of the General Services Fund exceed anticipated expenditures by $67,540 for fiscal year 2012/13. Revenues:25,910 Mid year amendments in the General Services Fund reflect an appropriation of $25,910 from retained earnings to provide funding for the retirement payout of a long term employee. Expenditures:25,910 Mid year expenditure amendments reflect an increase of $25,910 in personal services to fund the retirement payout of a long term employee. Offsetting revenues are reflected from General Services Fund retained earnings. Administrative Services At mid year, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $105,270 for fiscal year 2012/13. Revenues: No amendments are proposed to Administrative Services Fund revenues at mid year. Expenditures: No amendments are proposed to Administrative Services Fund expenditures at mid year. Garage Fund At mid year, anticipated revenues of the Garage Fund equal anticipated expenditures for fiscal year 2012/13. Revenues:74,300 Mid year amendments in the Garage Fund reflect an appropriation of $74,300 from retained earnings to provide funding for the retirement payouts of three long term employees. Expenditures:74,300 Mid year expenditure amendments reflect an increase of $73,300 in personal services to fund the retirement payouts of three long term employees.Offsetting revenues are reflected from Garage Fund retained earnings. Central Insurance At mid year, anticipated revenues of the Central Insurance Fund equal anticipated expenditures for fiscal year 2012/13. Revenues: No amendments are proposed to Central Insurance Fund revenues at mid year. Expenditures: No amendments are proposed to Central Insurance Fund expenditures at mid year. City of Clearwater Internal Service Funds Mid Year Amendments FY 2012/13 15 Attachment number 11 \nPage 1 of 1 Item # 24 2012/13 2012/13 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget GENERAL SERVICES FUND GENERAL SERVICES FUND REVENUES Billings to Departments 4,616,940 2,308,470 2,352,337 43,867 2%- 4,616,940 Non-Operating Revenue 30,000 16,000 7,339 (8,661) -54%- 30,000 Transfers In 31,433 31,433 31,433 - 0%- 31,433 Fund Reserves - - - - ~25,910 25,910 TOTAL REVENUES 4,678,373 2,355,903 2,391,109 35,206 1%25,910 4,704,283 GENERAL SERVICES FUND EXPENDITURES Administration 526,338 297,954 286,628 11,326 4%- 526,338 Building & Maintenance 4,084,495 2,230,650 2,136,063 94,587 4%25,910 4,110,405 TOTAL EXPENDITURES 4,610,833 2,528,604 2,422,692 105,912 4%25,910 4,636,743 ADMINISTRATIVE SERVICES FUND ADMINISTRATIVE SERVICES REVENUE Operating Revenue 8,990,200 4,495,110 4,481,389 (13,721) 0%- 8,990,200 Non-Operating Revenue 120,000 64,200 44,176 (20,024) -31%- 120,000 Transfers In 53,334 53,334 53,334 - 0%- 53,334 Fund Reserves 136,000 - - - ~- 136,000 TOTAL REVENUES 9,299,534 4,612,644 4,578,899 (33,745) -1%- 9,299,534 ADMINISTRATIVE SERVICES EXPENDITURES Information Technology / Admin 369,604 209,488 199,440 10,048 5%- 369,604 Information Tech / Network Svcs 2,054,864 1,156,205 1,201,534 (45,329) -4%- 2,054,864 Info Tech / Software Applications 2,200,688 1,275,404 1,059,189 216,215 17%- 2,200,688 Info Tech / Telecommunications 865,511 440,717 413,558 27,159 6%- 865,511 Public Comm / Courier 158,070 79,047 85,837 (6,790) -9%- 158,070 Clearwater Customer Service 3,545,527 2,044,821 1,876,077 168,744 8%- 3,545,527 TOTAL EXPENDITURES 9,194,264 5,205,682 4,835,635 370,047 7%- 9,194,264 GARAGE FUND GARAGE FUND REVENUES Billings to Departments 12,461,200 6,230,598 6,207,940 (22,658) 0%- 12,461,200 Non-Operating Revenue 487,000 246,796 206,892 (39,904) -16%- 487,000 Transfers In 23,857 23,857 23,857 - 0%- 23,857 Fund Reserves 143,835 - - - ~74,300 218,135 TOTAL REVENUES 13,115,892 6,501,251 6,438,689 (62,562) -1%74,300 13,190,192 Garage Fund Expenditures Fleet Maintenance 12,657,381 6,637,801 6,357,839 279,962 4%74,300 12,731,681 Radio Communications 458,511 234,068 253,761 (19,693) -8%- 458,511 TOTAL EXPENDITURES 13,115,892 6,871,869 6,611,600 260,269 4%74,300 13,190,192 For The Six Month Period of October 1, 2012 - March 31, 2013 INTERNAL SERVICE FUNDS MID YEAR REVIEW 16 Attachment number 12 \nPage 1 of 2 Item # 24 2012/13 2012/13 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance %Amendment Budget For The Six Month Period of October 1, 2012 - March 31, 2013 INTERNAL SERVICE FUNDS MID YEAR REVIEW CENTRAL INSURANCE FUND CENTRAL INSURANCE FUND REVENUES Billings to Departments 17,212,880 8,606,442 8,996,118 389,676 5%- 17,212,880 Non-Operating Revenue 810,000 400,600 171,557 (229,043) -57%- 810,000 Transfers In 298,850 195,598 82,513 (113,085) -58%- 298,850 Fund Reserves 2,853,930 - - - ~- 2,853,930 TOTAL REVENUES 21,175,660 9,202,640 9,250,188 47,548 1%- 21,175,660 CENTRAL INSURANCE FUND EXPENDITURES Finance / Risk Management 416,513 235,015 216,062 18,953 8%- 416,513 Human Resources / Employee Benefits 368,795 204,952 164,448 40,504 20%- 368,795 Human Resources / Employee Health Clinic 1,635,830 817,914 785,176 32,738 4%- 1,635,830 Non-Departmental 18,754,522 9,974,679 6,745,788 3,228,891 32%- 18,754,522 TOTAL EXPENDITURES 21,175,660 11,232,560 7,911,474 3,321,086 30%- 21,175,660 17 Attachment number 12 \nPage 2 of 2 Item # 24 Clearwater, Florida CAPITAL IMPROVEMENT FUND Mid Year Summary FY 2012/13 18 The amended 2012/13 Capital Improvement Program budget report is submitted for the City Council's Mid Year review. The net proposed amendment is a budget increase in the amount of $27,270,944. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital Improvement Budget activity:  Waterway Maintenance – To record a budget transfer in the amount of $250,000 of General Fund revenue from project 315-93414, Clearwater Pass Maintenance Dredging. The funding will provide for navigational aids, informational signs, buoys, and address other public safety issues in the City waterways.  Dredging of City Waterways – To record a budget transfer in the amount of $246,203.83 of General Fund revenue from project 315-93414, Clearwater Pass Maintenance Dredging. The funding will provide for maintenance dredging on all necessary waterways including Clearwater Pass and various cut channels throughout the City.  Air Conditioners Replacement City Wide – To record a budget transfer in the amount of $105,000 of General Fund revenue from project 315-93278, Long Center Infrastructure Repairs. The funding will provide for some of the costs for the replacement to the Long Center and UPARC air conditioners.  Citywide Intersection Improvements – To record a budget increase in the amount of $57,216.50 of Property Owners Share for reimbursement received from Morton Plant Hospital.  Intersection Improvements – To record a budget increase in the amount of $12,532.50 of Property Owners Share for reimbursement received from Morton Plant Hospital.  Airpark Maintenance & Repair – To record a budget increase in the amount of $10,000.00 of Airpark retained earnings. The funding is required due to the increased maintenance costs for the older hangars and cameras. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Reverse Osmosis Plant @ Reservoir #2 18,166,634 05/01/13 Reverse Osmosis Plant @ Reservoir #2 7,500,000 05/16/13 Reverse Osmosis Plant @ Reservoir #2 1,635,229 03/21/13 Magnolia Drive Outfall 550,000 03/21/13 Pier 60 Refurbishment 100,000 03/21/13 Attachment number 13 \nPage 1 of 1 Item # 24 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment Traffic Calming - CLOSE PROJECT 1 315-92259 (483,635) To record a budget transfer in the amount of $483,635.06 of Infrastructure Sales Tax (Penny for Pinellas)revenue to project 315-92276,Traffic Calming.As a housekeeping measure,this annually funded project with an inflated gross budget is being closed at mid year.The new project with the same title was set up in the approved budget. (483,635) Gulf to Bay & Highland Improvements - CLOSE PROJECT 2 315-92270 (771,799) To record a budget decrease in the amount of $771,799.17 of Infrastructure Sales Tax (Penny for Pinellas)revenue and return these funds to the Special Development fund.This project is complete and will be closed. (771,799) Streets and Sidewalks - CLOSE PROJECT 3 315-92273 (4,585,547) To record a budget transfer in the amount of $4,585,547.06 of Road Millage revenue to project 315-92277,Streets and Sidewalks.As a housekeeping measure,this annually funded project with an inflated gross budget is being closed at mid year. The new project with the same title was set up in the approved budget. (4,585,547) Traffic Calming 4 315-92276 483,635 To record a budget transfer in the amount of $483,635.06 of Infrastructure Sales Tax (Penny for Pinellas)revenue from project 315-92259,Traffic Calming.As a housekeeping measure,this annually funded project (315-92259)with an inflated gross budget is being closed at mid year.The new project with the same title was set up in the approved budget. 483,635 Streets and Sidewalks 5 315-92277 4,585,547 To record a budget transfer in the amount of $4,585,547.06 of Road Millage revenue from project 315-92273,Streets and Sidewalks.As a housekeeping measure,this annually funded project (315-92273)with an inflated gross budget is being closed at mid year.The new project with the same title was set up in the approved budget. 4,585,547 Citywide Intersection Improvements - CLOSE PROJECT 6 315-92551 (591,840) To record a budget transfer in the amount of $591,839.58 of Transportation Impact Fees to project 315-92559,Citywide Intersection Improvements.As a housekeeping measure,this annually funded project with an inflated gross budget is being closed at mid year.The new project with the same title was set up in the approved budget. (591,840) CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2012/13 19 * indicates budget amendment only Attachment number 14 \nPage 1 of 8 Item # 24 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2012/13 Intersection Improvements - CLOSE PROJECT 7 315-92558 (1,809,485) To record a budget transfer in the amount of 1,809,484.69 consisting of $1,225,254.75 of Transportation Impact Fee, $314,229.94 of Local Option Gas Tax and $270,000.00 of Road Millage to project 315-92562,Intersection Improvements.As a housekeeping measure,this annually funded project with an inflated gross budget is being closed at mid year.The new project with the same title was set up in the approved budget. (1,809,485) Citywide Intersection Improvements 8 315-92559 591,840 To record a budget transfer in the amount of $591,839.58 of Transportation Impact Fees from project 315-92551,Citywide Intersection Improvements.As a housekeeping measure,this annually funded project (315-92551)with an inflated gross budget is being closed at mid year.The new project with the same title was set up in the approved budget. 315-92559 57,217 * To record a budget increase in the amount of $57,216.50 of Property Owners Share for reimbursement received from Morton Plant Hospital for design of Fort Harrison and Pinellas Street intersection Improvements 649,056 Intersection Improvements 9 315-92562 1,809,485 To record a budget transfer in the amount of $1,809,484.69 consisting of $1,225,254.75 of Transportation Impact Fee, $314,229.94 of Local Option Gas Tax and $270,000.00 of Road Millage from project 315-92558,Intersection Improvements.As a housekeeping measure,this annually funded project (315- 92558)with an inflated gross budget is being closed at mid year. The new project with the same title was set up in the approved budget. 315-92562 12,533 * To record a budget increase in the amount of $12,532.50 of Property Owners Share for reimbursement received from Morton Plant Hospital for design of Fort Harrison and Pinellas Street intersection Improvements. 1,822,017 Parking Garage Structure Repair - CLOSE PROJECT 10 315-92632 (396,103) To record a budget transfer in the amount of $396,103.41 of Parking Fund revenue to project 315-92653,Parking Garage Structure Repair.As a housekeeping measure,this annually funded project with an inflated gross budget is being closed at mid year.The new project with the same title was set up in the approved budget. (396,103) Parking Lot Improvements - CLOSE PROJECT 11 315-92636 (505,357) To record a budget transfer in the amount of $505,357.11 of Parking Fund revenue to project 315-92654,Parking Lot Improvements.As a housekeeping measure,this annually funded project with an inflated gross budget is being closed at mid year.The new project with the same title was set up in the approved budget. (505,357) 20 * indicates budget amendment only Attachment number 14 \nPage 2 of 8 Item # 24 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2012/13 Parking Garage Structure Repair 12 315-92653 396,103 To record a budget transfer in the amount of $396,103.41 of Parking Fund revenue from project 315-92632,Parking Garage Structure Repair.As a housekeeping measure,this annually funded project (315-92632)with an inflated gross budget is being closed at mid year.The new project with the same title was set up in the approved budget. 396,103 Parking Lot Improvements 13 315-92654 505,357 To record a budget transfer in the amount of $505,357.11 of Parking Fund revenue from project 315-92636,Parking Lot Improvements.As a housekeeping measure,this annually funded project (315-92636)with an inflated gross budget is being closed at mid year.The new project with the same title was set up in the approved budget. 505,357 Miscellaneous Engineering - CLOSE PROJECT 14 315-92822 (88,396) To record a budget transfer in the amount of $88,395.84 of General Fund revenue to project 315-92841,Miscellaneous Engineering.As a housekeeping measure,this annually funded project with an inflated gross budget is being closed at mid year. The new project with the same title was set up in the approved budget. (88,396) Miscellaneous Engineering 15 315-92841 88,396 To record a budget transfer in the amount of $88,395.84 of General Fund revenue from project 315-92822,Miscellaneous Engineering.As a housekeeping measure,this annually funded project (315-92822)with an inflated gross budget is being closed at mid year.The new project with the same title was set up in the approved budget. 88,396 Light Replacement - CLOSE PROJECT 16 315-93269 4,665 To record a budget transfer in the amount of $4,664.57 of General Fund revenue from project 315-94510,Air Conditioners - City Wide Replacement,in order to close the Light Replacement project and cover unanticipated project costs. 4,665 Long Center Infrastructure Repairs 17 315-93278 (105,000) To record a budget transfer in the amount of $105,000.00 of General Fund revenue to project 315-94510,Air Conditioners - City Wide Replacement.The funding will provide for some of the costs for the replacement to the Long Center and UPARC air conditioners.(105,000) 21 * indicates budget amendment only Attachment number 14 \nPage 3 of 8 Item # 24 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2012/13 Clearwater Pass Maintenance Dredging - CLOSE PROJECT 18 315-93414 (496,204) To close the Clearwater Pass Maintenance Dredging project which is now complete and transfer the remaining balance of $496,203.83 of General Fund revenue to the following projects: $250,000.00 will be transferred to capital project 315-93415, Waterway Maintenance,to provide funding for navigational aids, informational signs,buoys,and address other public issues in the City waterways;and the balance of $246,203.83 will be transferred to a new capital project 315-93422,Dredging of City Waterways,to provide funding for maintenance dredging on all necessary waterways including Clearwater Pass and various cut channels throughout the City. (496,204) Waterway Maintenance 19 315-93415 250,000 To record a budget transfer in the amount of $250,000.00 of General Fund revenue from project 315-93414,Clearwater Pass Maintenance Dredging.The funding will provide for navigational aids,informational signs,buoys,and address other public safety issues in the City waterways. 315-93415 (5,000) To record a budget decrease in the amount of $5,000.00 of Marina Fund revenue and return these funds to the Marina Operating Fund to provide operational savings to anticipated reductions in operating revenue.245,000 Pier 60 Refurbishment 20 315-93417 100,000 To record a budget increase in the amount of $100,000.00 of Special Program Fund revenue.The funding will provide for the purchase of new benches,trash receptacles,fish cleaning tables,LED lights,storage containers and underwater lights. This was approved by the City Council on March 21, 2013. 100,000 Utilities Services Replacement 21 315-93418 20,000 To record a budget transfer in the amount of $20,000.00 of Marina Fund revenue,from project 315-93420,Fuel System R & R.The funding will provide for the cost of the utility repair and replacement at the slips at the Marine Aquarium,also known as Island Estates Marina.20,000 Dock Replacement and Repair 22 315-93419 6,727 To record a budget transfer in the amount of $6,726.55 of Marina Fund revenue from project 315-93429,Dock Replacement and Repair.As a housekeeping measure,this annually funded project (315-93429)with an inflated gross budget is being closed at mid year.The new project with the same title was set up in the approved budget. 6,727 22 * indicates budget amendment only Attachment number 14 \nPage 4 of 8 Item # 24 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2012/13 Fuel System Replacement & Repair 23 315-93420 (20,000) To record a budget transfer in the amount of $20,000.00 of Marina Fund revenue to project 315-93418,Utilities Services Replacement.The funding will provide for the cost of the utility repair and replacement at the slips at the Marine Aquarium,also known as Island Estates Marina.(20,000) Dredging of City Waterways - NEW PROJECT 24 315-93422 246,204 To record a budget transfer in the amount of $246,203.83 of General Fund revenue from project 315-93414,Clearwater Pass Maintenance Dredging,to provide funding for maintenance dredging on all necessary waterways including Clearwater Pass and various cut channels throughout the City. 246,204 Dock Replacement and Repair - CLOSE PROJECT 25 315-93429 (6,727) To record a budget transfer in the amount of $6,726.55 of Marina Fund revenue to project 315-93419,Dock Replacement and Repair.As a housekeeping measure,this annually funded project with an inflated gross budget is being closed at mid year. The new project with the same title was set up in the approved budget. (6,727) Carpenter / Bright House Field Improvements 26 315-93628 (32,482) To record a budget transfer in the amount of $32,482.00 of General Fund revenue to project 325-93628,Carpenter /Bright House Improvements, Public Art Fund. 325-93628 32,482 To record a budget transfer in the amount of $32,482.00 of General Fund revenue from project 315-93628,Carpenter / Bright House Improvements. 0 Motorized Equipment - L/P - CLOSE PROJECT 27 316-94234 (231,792) To record a budget transfer in the amount of $231,791.51 of Lease Purchase Fund proceeds to project 316-94241,Motorized Equipment -L/P.As a housekeeping measure,this annually funded project with an inflated gross budget is being closed at mid year.The new project with the same title was set up in the approved budget. (231,792) Motorized Equipment Replacement- L/P 28 316-94241 231,792 To record a budget transfer in the amount of $231,791.51 of Lease Purchase Fund proceeds from project 316-94234, Motorized Equipment -L/P.As a housekeeping measure,this annually funded project (315-94234)with an inflated gross budget is being closed at mid year.The new project with the same title was set up in the approved budget. 231,792 23 * indicates budget amendment only Attachment number 14 \nPage 5 of 8 Item # 24 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2012/13 Air Conditioners Replacement City Wide 29 315-94510 (4,665) To record a budget transfer in the amount of $4,664.57 of General Fund revenue to project 315-93269,Light Replacement. 315-94510 105,000 To record a budget transfer in the amount of $105,000.00 of General Fund revenue from project 315-93278,Long Center Infrastructure Repairs.The funding will provide for some of the costs for the replacement to the Long Center and UPARC air conditioners.100,335 Airpark Maintenance & Repair 30 315-94817 10,000 To record a budget increase in the amount of $10,000.00 from Airpark retained earnings.The funding is required due to the increased maintenance costs for the older hangars and cameras. 10,000 FBO Building Improvements - CLOSE PROJECT 31 315-94846 (2) To record a budget decrease in the amount of $2.12 of General Fund revenue and return these funds to the General Fund.This project is complete and will be closed. (2) Airpark Security Improvements 32 315-94858 6,215 To record a budget increase in the amount of $6,215.16 of Airpark fund reserves.The funding will provide twenty percent of the purchase and installation of an automated weather operating system (AWOS),the purchase of a portable fueling trailer and the purchase of an aircraft tug.The Florida Department of Transportation provided a grant in the amount of $24,860.66 for the additional funding required.This was approved by the City Council on April 18, 2013. 6,215 Coastal Basins Projects 33 315-96170 (550,000) To record a budget transfer in the amount of $550,000.00 of Stormwater revenue to project 315-96184,Magnolia Drive Outfall.The funding will provide for a larger storm drainage outfall system of approximately 45 acres.This was approved by the City Council on March 21, 2013. (550,000) Magnolia Drive Outfall - NEW PROJECT 34 315-96184 550,000 To record a budget transfer in the amount of $550,000.00 of Stormwater revenue from project 315-96170,Coastal Basins Projects.This was approved by the City Council on March 21, 2013. 315-96184 550,000 * To record a budget increase in the amount of $550,000.00 of Grant revenue from the Southwest Florida Water Management District as part of their Cooperative Funding Agreement.These two amendments will provide for the funding to provide a new and larger outfall storm drainage of approximately 45 acres.This was approved by City Council on March 21, 2013.1,100,000 24 * indicates budget amendment only Attachment number 14 \nPage 6 of 8 Item # 24 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2012/13 Pinellas New Mains - Service Lines 35 315-96377 9,919 * To record a budget increase in the amount of $9,919.49 of Property Owners Share revenue.This will bring budgeted revenues in line with actual cash receipts.9,919 System Expansion 36 315-96744 (1,700,000) To record a budget transfer in the amount of $1,700,000.00 of Water Impact Fees to project 315-96767,Reverse Osmosis Plant Reservoir 2.The funding will provide for the costs associated with the construction of Water Treatment Plant 2, Reverse Osmosis Plant Site Expansion Project.This was approved by City Council on May 1, 2013.(1,700,000) Reverse Osmosis Plant at Reservoir #2 37 315-96767 467,306 * To record a budget increase in the amount of $467,305.85 of Grant revenue from the Southwest Florida Water Management District as part of their Cooperative Funding Agreement.The funding will provide fifty percent of the costs associated with the construction of the raw water transmission supply system from US 19 to the water treatment plant #2.This was approved by City Council on March 21, 2013. 315-96767 1,167,923 * To record a budget increase in the amount of $1,167,922.80 of Grant revenue from the Southwest Florida Water Management District as part of their Cooperative Funding Agreement.The funding will provide fifty percent of the costs associated with the construction of the pumping and control equipment for twelve new brackish well facilities and replacement of four remote fresh well facilities at various locations throughout the City.This was approved by City Council on March 21, 2013. 315-96767 1,165,659 * To record a budget increase in the amount of $1,165,659.00 of Grant revenue from the Southwest Florida Water Management District as part of their Cooperative Funding Agreement.The funding will provide fifty percent of the costs associated with the Construction Engineering and Inspection (CEI)associated with the four (4)Water Treatment Plant 2 Projects associated with the new brackish reverse osmosis water treatment plant at Water Treatment Plant 2.This was approved by City Council on May 1, 2013. 315-96767 265,659 To record a budget increase in the amount of $265,659.00 of Water revenue from the Water and Sewer reserves.The funding will provide for the City's portion of the costs associated with the Construction Engineering and Inspection (CEI)aspect associated with the four (4)Water Treatment Plant 2 Projects. This was approved by the City Council on May 1, 2013. 25 * indicates budget amendment only Attachment number 14 \nPage 7 of 8 Item # 24 Increase/ Amdmt Project (Decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2012/13 Reverse Osmosis Plant at Reservoir #2 - continued 37 315-96767 513,042 * To record a budget increase in the amount of $513,041.75 of Grant revenue from the Southwest Florida Water Management District as part of their Cooperative Funding Agreement.The funding will provide fifty percent of the costs associated with the construction of the Clearwater Concentrate Injection Deep Well Project -Phase II and related post-design engineering services. This was approved by City Council on May 1, 2013. 315-96767 8,161,159 * To record a budget increase in the amount of $8,161,158.85 of Grant revenue from the Southwest Florida Water Management District as part of their Cooperative Funding Agreement.The funding will provide fifty percent of the costs associated with the construction of Water Treatment Plant 2,Reverse Osmosis Plant Site Expansion Project.This was approved by City Council on May 1, 2013. 315-96767 1,700,000 To record a budget transfer in the amount of $1,700,000.00 of Water Impact Fees from project 315-96744,System Expansion. The funding will provide for the costs associated with the construction of Water Treatment Plant 2,Reverse Osmosis Plant Site Expansion Project.This was approved by City Council on May 1, 2013. 315-96767 8,061,115 To record a budget increase in the amount of $8,061,114.88 of Water revenue from the Water and Sewer reserves.The funding will provide for the costs associated with the construction of Water Treatment Plant 2,Reverse Osmosis Plant Site Expansion Project.This was approved by City Council on May 1, 2013. 315-96767 7,500,000 To record a budget increase in the amount of $7,500,000.00 of Water revenue from the Water and Sewer reserves.The funding will provide for the City's portion of the costs associated with the Raw Water Transmission Main Expansion Project in the building of the second Reverse Osmosis Water Treatment Plant.This was approved by the City Council on May 16, 2013.29,001,862 TOTALS 27,270,944 - 27,270,944 26 * indicates budget amendment only Attachment number 14 \nPage 8 of 8 Item # 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2012 to March 31, 2013 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/12 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref PUBLIC SAFETY Fire Protection 91218 Fire Engine Replacement 508,350 508,350 508,350 484,760 8,739 14,851 91221 EMS Capital Equipment 1,226,546 1,165,710 1,165,710 1,031,480 134,230 91229 Replace & Upgrade Airpacks 942,000 942,000 942,000 760,184 181,816 91236 Rescue Vehicle 939,869 939,869 939,869 776,771 163,098 91253 Main Station (Fire)8,057,520 11,489,535 11,489,535 997,031 9,819,004 673,500 91255 Exhaust Systems 155,480 155,480 155,480 147,458 8,022 91256 Security Access Systems 90,380 37,647 37,647 37,647 0 C 91257 AED Program 90,550 90,550 90,550 70,113 20,437 91258 Ladder Truck Equipment 150,000 150,000 150,000 147,967 2,033 91259 Radio Replacements 364,640 364,640 364,640 322,571 42,069 91260 Thermal Imaging Cameras 64,860 64,860 64,860 15,200 49,660 91261 Personal Protection Equipment 1,063,290 1,063,290 1,063,290 742,998 3,799 316,493 91262 SCBA Upgrade - Fill Station 125,000 125,000 125,000 125,000 91263 Extrication Tools 56,000 56,000 56,000 56,000 91264 Fire Hose Replacement 158,180 158,180 158,180 70,545 15,324 72,311 91265 EMS Support Vehicles 10,000 10,000 10,000 6,136 3,864 91266 Rescue Squad Replacement 850,000 850,000 850,000 775,210 8,739 66,051 91267 Training Facility Concrete Pad Replace 0 90,000 90,000 66,066 13,599 10,335 Sub-Total 14,852,665 18,261,111 - 18,261,111 6,452,136 9,869,204 1,939,771 TRANSPORTATION New Street Construction 92146 Druid Road Improvements 4,147,569 4,147,569 4,147,569 1,745,911 1,174,214 1,227,444 Sub-Total 4,147,569 4,147,569 - 4,147,569 1,745,911 1,174,214 1,227,444 Major Street Maintenance 92259 Traffic Calming 14,567,941 10,567,941 (483,635) 10,084,306 10,084,306 0 C 1 92270 Gulf to Bay / Highland Improvement 1,500,000 1,500,000 (771,799) 728,201 728,201 0 C 2 92273 Streets and Sidewalks 14,655,222 14,663,974 (4,585,547) 10,078,427 10,078,427 0 C 3 92274 Bridge Maintenance & Improvements 4,411,070 4,411,070 4,411,070 749,998 446,311 3,214,761 92275 Downtown Streetscape- Phase II 3,741,099 3,741,099 3,741,099 3,041,301 1,600 698,197 92276 Traffic Calming Program 480,000 4,480,000 483,635 4,963,635 132,766 2,123,029 2,707,840 4 92277 Streets and Sidewalks 1,729,380 1,709,380 4,585,547 6,294,927 441,208 565,126 5,288,593 5 Sub-Total 41,084,711 41,073,464 (771,799) 40,301,665 25,256,207 3,136,067 11,909,391 Sidewalks and Bike Trail 92339 New Sidewalks 655,471 675,471 675,471 542,621 111,920 20,930 Sub-Total 655,471 675,471 - 675,471 542,621 111,920 20,930 Intersections 92551 City-Wide Intersection Improvement 1,110,848 1,110,848 (591,840) 519,008 519,008 0 C 6 92552 Signal Renovation 1,310,698 1,310,313 1,310,313 1,310,313 0 C 92553 New Signal Installation 1,011,789 808,912 808,912 808,912 0 C 92558 Intersection Improvements-II 3,291,910 3,291,910 (1,809,485) 1,482,425 1,482,425 0 C 7 92559 City-Wide Intersection Improvement 50,000 50,000 649,056 699,056 699,056 8 92560 Signal Renovation 45,000 45,385 45,385 24,122 7,064 14,199 92561 New Signal Installation 40,000 242,877 242,877 1,307 241,570 92562 Intersection Improvements 300,000 300,000 1,822,017 2,122,017 9,900 2,112,117 9 Sub-Total 7,160,245 7,160,245 69,749 7,229,994 4,155,987 7,064 3,066,943 27 Attachment number 15 \nPage 1 of 6 Item # 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2012 to March 31, 2013 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/12 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Parking 92630 Parking Lot Resurfacing 1,461,603 617,969 617,969 617,969 0 C 92632 Parking Garage Structure Repair 1,693,432 1,693,432 (396,103) 1,297,328 1,297,328 0 C 10 92636 Parking Lot Improvement 2,267,325 2,267,325 (505,357) 1,761,968 1,761,968 0 C 11 92649 Surf Style Condo-Parking Unit 9,400,000 9,400,000 9,400,000 100,000 9,300,000 92650 Sand Wall Replacement on Clw Bch 330,000 330,000 330,000 142,658 7,050 180,292 92651 Manadalay Pier Demolition 90,000 48,207 48,207 48,207 0 C 92652 Parking Lot Resurfacing 0 843,633 843,633 843,633 92653 Parking Garage Structure Repair 75,000 75,000 396,103 471,103 48,328 1,751 421,025 12 92654 Parking Lot Improvement 75,000 75,000 505,357 580,357 4,950 48,280 527,127 13 Sub-Total 15,392,360 15,350,566 (0) 15,350,566 4,021,409 57,081 11,272,077 Miscellaneous Engineering 92822 Miscellaneous Engineering 507,353 507,353 (88,396) 418,957 418,957 0 C 14 92839 Downtown Intermodal 575,000 575,000 575,000 519,967 55,033 92840 St. Petersburg Times Property 2,500,000 2,500,000 2,500,000 1,953,319 546,682 92841 Miscellaneous Engineering 35,000 35,000 88,396 123,396 3,900 25,600 93,896 15 Sub-Total 3,617,353 3,617,353 - 3,617,353 2,896,142 25,600 695,611 Park Development 93203 Carpenter Field-Infras Rep/Improve 359,380 359,380 359,380 358,578 20 781 93204 Concrete Sidewalk & Pad Repair 692,913 649,737 649,737 649,737 0 C 93205 Brighthouse Field Infrastructure Imp 775,345 775,345 775,345 774,870 422 53 93213 Park Amenity Purch & Rplcmnt 969,942 962,141 962,141 962,141 0 C 93229 Tennis Court Resurfacing 713,082 682,772 682,772 682,772 0 C 93230 Playgrd & Fitness Equip Purch-Repl 1,734,910 1,592,832 1,592,832 1,592,832 0 C 93247 Fitness Equipment Replacement 195,000 195,000 195,000 173,751 21,249 93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 3,135,000 240,614 2,894,386 93262 Fencing Replacement Program 1,383,883 1,319,219 1,319,219 1,319,219 0 C 93263 Public Art Maintenance 1,498 1,498 1,498 1,498 93269 Light Replacement 1,876,595 1,821,167 4,665 1,825,832 1,825,832 0 C 16 93271 Swimming Pool R&R 531,573 531,573 531,573 530,254 877 442 93272 Bicycle Paths-Bridges 2,525,896 2,525,896 2,525,896 1,194,338 64,484 1,267,075 93273 Restrooms on Clearwater Beach 923,000 923,000 923,000 811,393 97,838 13,769 93277 Harborview Infra Repair/Improve 635,451 635,451 635,451 503,011 132,441 93278 Long Center Infra Repairs 591,645 591,645 (105,000) 486,645 432,975 1,000 52,670 17 93286 Parking Lot/Bike Path Rsr/Imprv 591,943 556,943 556,943 495,332 61,611 93602 Sp Events Equip Rep & Rplcmnt 170,000 170,000 170,000 98,183 39,261 32,556 93604 Brdwlks & Docks Rep & Rplcmnt 350,000 337,000 337,000 237,103 99,897 93607 P&R Cust Mgmt & Fac Sch Sys 60,000 56,775 56,775 56,775 0 C 93608 Miscellaneous Minor Public Art 323,622 249,061 249,061 103,258 2,500 143,303 93612 McMullen Tennis Complex 400,000 400,000 400,000 6,691 393,309 93615 Aging Well Center 2,311,566 2,311,566 2,311,566 2,293,027 18,538 0 93616 Joe DiMaggio Sports Comp Renova 3,600,000 3,600,000 3,600,000 3,600,000 93618 Miscellaneous Park & Rec Contract 120,000 120,000 120,000 83,543 33,246 3,211 93621 No. Greenwood Rec Ctr Reno 1,096,877 1,038,799 1,038,799 1,038,799 0 C 93622 Joe DiMaggio Rest/Store/Concess 650,000 628,253 628,253 628,253 0 C 93623 Capitol Theatre 3,550,000 7,305,936 7,305,936 937,427 131,326 6,237,184 93624 Pier 60 Park Repairs and Improvements 310,000 510,000 510,000 510,000 93625 Enterprise Dog Park - Phase II 400,000 400,000 400,000 400,000 93626 FDOT Median & ROW Enhancement 220,525 240,206 240,206 191,095 13,487 35,623 93628 Carpenter/Bright House Fld Imp 3,250,000 3,250,000 3,250,000 3,140,463 80,537 29,000 26 93629 North Greenwood Athletic Fields 495,000 595,000 595,000 392,594 191,978 10,428 93630 Sid Lickton Complex Renovations 2,500,000 3,294,825 3,294,825 760,464 2,496,895 37,466 93631 Phillip Jones Park Renovations 822,490 822,490 822,490 173,500 40,407 608,583 93633 Pier 60 Park Repairs and Improvements 60,000 60,000 60,000 60,000 93634 Concrete Sidewalk & Pad Repair 50,000 93,176 93,176 8,965 84,211 28 Attachment number 15 \nPage 2 of 6 Item # 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2012 to March 31, 2013 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/12 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Park Development- continued 93635 Park Amenity Purch & Rplcmnt 55,000 62,800 62,800 26,014 7,909 28,877 93636 Tennis Court Resurfacing 35,000 40,310 40,310 40,310 93637 Playground & Fitness Purch & Rplc 85,000 227,079 227,079 10,306 216,773 93638 Fencing Replacement Program 95,000 89,664 89,664 13,384 76,280 Sub-Total 38,647,135 43,161,539 (100,335) 43,061,204 22,747,493 3,220,726 17,092,986 Marine Facilities 93403 Beach Guard Facility Maint 120,000 120,000 120,000 109,884 10,116 93405 Downtown Boat Slips 12,607,209 12,693,770 12,693,770 12,079,125 614,644 93410 Downtown Boat Slips Maintenance 45,000 45,000 45,000 11,892 33,108 93411 Clearwater Beach Life Guard Reno 571,985 571,985 571,985 564,807 7,178 93412 City-wide Seawall Replacement 1,015,000 1,015,000 1,015,000 289,066 123,431 602,503 93413 Utilities/Services Replace 433,966 405,463 405,463 405,463 0 C 93414 Clearwater Pass Maintenance Dredging1,000,000 1,000,000 (496,204) 503,796 503,796 0 C 18 93415 Waterway Maintenance 15,000 15,000 245,000 260,000 14,860 245,140 19 93417 Pier 60 Refurbishment 500,000 500,000 100,000 600,000 111,398 410,238 78,363 20 93418 Utilities Services Replacement 5,000 33,504 20,000 53,504 17,804 35,699 21 93419 Dock Replacement & Repair 15,000 15,000 6,727 21,727 9,388 12,339 22 93420 Fuel System R & R 60,000 82,752 (20,000) 62,752 694 62,058 23 93421 Marine Facilities Dredging & Maint 15,000 18,715 18,715 881 17,834 93422 Dredging of City Waterways 0 0 246,204 246,204 0 246,204 24 93429 Dock Replacement & Repair 389,040 389,040 (6,727) 382,313 382,313 0 C 25 93490 Fuel System R&R 109,792 87,041 87,041 87,041 0 C 93495 Dock Construction 24,858 24,858 24,858 16,408 8,450 93496 Marine Fac Dredge/Maint 621,781 618,066 618,066 618,066 0 C 93497 Docks & Seawalls 986,085 986,085 986,085 552,272 433,813 93499 Pier 60/Sailing Center Maint 221,952 221,952 221,952 181,522 40,429 Sub-Total 18,756,668 18,843,229 95,000 18,938,229 15,956,680 533,669 2,447,880 Airpark 94817 Airpark Maint & Repair 114,000 114,000 10,000 124,000 101,895 22,105 30 94846 FBO Bldg Improvements 487,700 487,700 (2) 487,698 487,698 0 C 31 94854 Multi Plane Hangars 706,788 706,665 706,665 706,665 0 C 94858 Airpark Security Improvements 166,799 166,799 6,215 173,014 141,936 31,078 32 94871 Airpark Run/Taxi Exten & Rehab 1,875,000 2,000,000 2,000,000 173,624 1,708,970 117,406 Sub-Total 3,350,287 3,475,164 16,213 3,491,377 1,611,818 1,708,970 170,589 Libraries 93527 Books & Other Lib Mat - II 6,604,601 6,604,601 6,604,601 5,950,450 237 653,914 93528 Countryside Library Renovation 5,000,000 5,000,000 5,000,000 81,758 13,540 4,904,702 93529 Main Library Entryway Improve 130,000 130,000 130,000 4,558 500 124,942 93530 Consolidated Eastside/SPC Library 500,000 500,000 500,000 500,000 Sub-Total 12,234,601 12,234,601 - 12,234,601 6,036,765 14,277 6,183,558 Garage 94233 Motorized Equip-Cash II 986,331 1,065,556 1,065,556 830,244 71,225 164,087 94234 Motorized Equip - LP II 28,025,408 25,025,408 (231,792) 24,793,616 24,793,617 0 C 27 94238 Police Vehicles 1,200,001 1,200,001 1,200,001 843,872 3,952 352,177 94241 Motorized Equipment Replace - L/P 5,039,600 8,039,600 231,792 8,271,392 1,031,779 3,765,355 3,474,259 28 Sub-Total 35,251,341 35,330,566 - 35,330,566 27,499,511 3,840,531 3,990,523 Building Maintenance 94510 Air Cond Replace-City Wide 2,471,116 2,471,116 100,335 2,571,451 2,267,954 5,000 298,498 29 94512 Roof Repairs 617,635 617,635 617,635 508,809 108,826 94514 Roof Replacements 1,790,856 1,790,352 1,790,352 1,193,521 533 596,298 94517 Painting of Facilities 940,810 940,810 940,810 574,226 366,584 94518 Fencing of Facilities 164,811 164,811 164,811 122,415 42,396 94519 Flooring for Facilities 918,952 918,952 918,952 733,828 185,124 94521 Elevator Refurbish/Modernization 220,000 220,000 220,000 164,263 133 55,604 94528 Light Replacement & Repair 66,000 134,931 134,931 134,930 1 94624 Harborview Demolition 950,000 950,000 950,000 60,747 889,253 Sub-Total 8,140,180 8,208,607 100,335 8,308,942 5,760,692 5,667 2,542,583 29 Attachment number 15 \nPage 3 of 6 Item # 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2012 to March 31, 2013 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/12 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref 94625 Development Services Center 1,151,160 1,151,160 1,151,160 0 1,151,160 Sub-Total 1,151,160 1,151,160 - 1,151,160 0 - 1,151,160 Miscellaneous 94729 City-wide Connect Infra 1,806,478 1,806,478 1,806,478 1,385,556 420,922 94736 Geographic Information Sys 1,052,726 1,052,726 1,052,726 1,024,206 28,520 94761 Poll Stor Tank Rem/Repl-Gen Fd 493,658 493,658 493,658 244,249 249,408 94803 Environmental Assmt & Clean-up 890,964 890,964 890,964 635,294 21,554 234,116 94814 Network Infra & Server Upgrade 2,285,057 2,285,057 2,285,057 1,939,432 7,952 337,673 94820 HR PeopleSoft Upgrade 450,000 450,000 450,000 75,420 374,580 94824 IT Disaster Recovery 350,000 350,000 350,000 266,904 83,096 94827 Telecommunications Upgrade 429,000 429,000 429,000 275,794 38,404 114,802 94828 Financial Systems Upgrades 701,628 701,628 701,628 208,180 30,897 462,550 94829 CIS Upgrades / Replacement 747,376 747,376 747,376 318,999 428,377 94830 MS Licensing / Upgrades 575,000 575,000 575,000 489,593 85,407 94833 Computer Monitors 320,000 320,000 320,000 305,877 14,123 94839 Roadway & Traffic Asset Mgt 440,000 440,000 440,000 297,300 142,700 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 400,000 12,390 387,610 94850 Backfile Conversion of Records 500,000 500,000 500,000 133,139 366,557 304 94857 Accela Permitting & Code Enforce 150,000 150,000 150,000 24,910 125,090 94861 Library Technology 1,250,000 1,250,000 1,250,000 1,250,000 94873 Citywide Camera System 160,000 160,000 160,000 76,520 28,480 55,000 94874 City Enterprise Timekeeping System 185,000 185,000 185,000 158,910 26,090 Sub-Total 13,186,887 13,186,887 - 13,186,887 7,872,674 493,845 4,820,368 UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 15,674,385 15,874,385 15,874,385 9,317,429 881,529 5,675,426 96125 Town Lake 8,396,726 8,396,726 8,396,726 8,123,980 140,826 131,920 96129 Stevenson Creek Estuary Restoration 6,337,055 6,337,055 6,337,055 5,344,918 992,137 96137 FDEP Compliance 1,008,000 1,008,000 1,008,000 981,812 26,188 96164 Allen's Creek Improvement Projects 499,250 499,250 499,250 284,683 88,875 125,692 96168 Stormwater System Expansion 1,257,956 1,257,956 1,257,956 109,505 1,148,451 96169 Stevenson Creek 2,687,122 2,687,122 2,687,122 1,028,766 920,240 738,116 96170 Coastal Basin Projects 7,543,178 6,743,178 (550,000) 6,193,178 1,642,768 122,579 4,427,830 33 96173 Alligator Creek Watershed Projects 2,916,490 2,916,490 2,916,490 786,929 304,565 1,824,995 96176 Allen's Creek Watershed Mgt Plan 200,000 200,000 200,000 93,040 18,614 88,346 96177 Jeffords Street Outfall 400,000 400,000 400,000 72,658 39,505 287,836 96178 Smallwood Circle 300,000 300,000 300,000 145,995 98,437 55,567 96179 Tropic Hills Phase III 2,500,000 2,500,000 2,500,000 50,333 33,590 2,416,076 96180 Stormwater Maint St Sweeping Fac 376,511 376,511 376,511 150,262 143,884 82,364 96181 Jeffords Street Channel 1,200,000 1,200,000 1,200,000 4,542 1,195,458 96182 Stormwater Maintenance R & R 200,000 0 0 0 C 96183 Mandalay Ave Outfall 0 1,600,000 1,600,000 1,187,211 412,789 96184 Magnola Drive Outfall 0 0 1,100,000 1,100,000 263,078 836,922 34 Sub-Total 51,496,672 52,296,672 550,000 52,846,672 28,137,622 4,242,934 20,466,116 General Public City Buildings & Equipment 30 Attachment number 15 \nPage 4 of 6 Item # 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2012 to March 31, 2013 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/12 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Water System 96721 System R & R - Maintenance 2,666,799 2,666,799 2,666,799 1,811,968 167,608 687,223 96739 Reclaimed Water Dist Sys 64,650,279 64,150,279 - 64,150,279 59,436,157 1,160,060 3,554,062 96740 Water Supply/Treatment 5,570,430 5,570,430 5,570,430 4,865,173 55,893 649,365 96741 System R & R-Capitalized 9,336,996 9,336,996 9,336,996 8,282,072 1,054,924 96742 Line Relocation-Capitalized 12,364,486 11,764,486 11,764,486 9,752,519 211,592 1,800,374 96743 Mtr Bkflow Prev Dev/Change 4,304,046 4,304,046 4,304,046 2,706,547 1,597,499 96744 System Expansion 3,499,673 3,499,673 (1,700,000) 1,799,673 1,730,993 68,681 36 96752 Water Service Lines 4,692,119 4,692,119 4,692,119 3,605,553 1,086,566 96764 RO Plant Exp Res #1 14,786,081 16,820,481 16,820,481 6,177,257 10,098,062 545,161 96766 Water Quality Monitoring Devices 600,000 600,000 - 600,000 8,255 591,745 96767 RO Plant at Res #2 21,024,815 21,813,056 29,001,862 50,814,918 7,570,839 4,966,039 38,278,041 37 96768 Rebate Well, Lk, Pnd Irr Abandmt 250,000 250,000 250,000 87,728 162,272 96773 Groundwater Replenishment Facility 8,579,863 8,579,863 8,579,863 584,164 1,962,270 6,033,430 96774 Automated Meter Reading 4,000,000 4,000,000 4,000,000 4,000,000 96775 Arsenic Treatment WTP #3 1,594,420 1,594,420 1,594,420 24,932 122,250 1,447,239 Sub-Total 157,920,007 159,642,648 27,301,862 186,944,510 106,644,157 18,743,774 61,556,579 Sewer System 96202 WWTP Screw Pump Replacement 4,247,973 4,251,391 4,251,391 1,882,932 53,172 2,315,287 96204 WWTP UV Disinfections System 3,000,000 3,000,000 3,000,000 3,000,000 96611 Bio-Solids Treatment 7,791,761 7,791,761 7,791,761 7,684,630 107,132 96615 Odor Control 2,066,860 2,066,860 2,066,860 1,811,626 111,750 143,483 96619 WWTP Generator Replacements 5,188,419 5,188,419 5,188,419 2,648,044 77,036 2,463,339 96621 WWTP New Presses 3,513,985 3,513,985 3,513,985 2,911,894 469,284 132,806 96630 Sanitary Sewer Extension 9,698,894 9,698,894 9,698,894 1,941,470 42,903 7,714,522 96634 Sanitary Util Reloc Accmmdtn 4,641,813 4,641,813 4,641,813 3,466,676 98,051 1,077,087 96645 Laboratory Upgrade & R&R 2,016,259 2,016,259 2,016,259 958,116 16,098 1,042,045 96654 Facilities Upgrade & Improvement 16,118,882 16,118,882 16,118,882 10,815,488 3,706,671 1,596,724 96664 WPC R & R 18,737,063 17,837,063 17,837,063 15,399,318 558,525 1,879,219 96665 Sanitary Sewer R&R 30,782,809 30,748,409 30,748,409 18,513,158 1,122,572 11,112,679 96666 WWTP East Bypass & NE Pump 2,586,522 2,586,522 2,586,522 2,325,971 113,039 147,512 96670 Poll Stor Tank Remov-WPC 207,756 207,756 207,756 205,785 1,971 96686 Pump Station Replacement 18,076,977 18,076,977 - 18,076,977 13,404,208 577,044 4,095,724 Sub-Total 128,675,972 127,744,990 - 127,744,990 83,969,315 6,946,144 36,829,530 Gas System 96358 Environmental Remediation 2,204,794 2,204,794 2,204,794 1,347,826 193,311 663,657 96365 Line Relocation-Pinellas Maint 1,806,927 1,806,927 1,806,927 502,334 1,304,592 96367 Gas Meter Change Out-Pinellas 1,440,000 1,440,000 1,440,000 534,905 905,095 96374 Line Relocation-Pinellas Capital 3,186,983 3,186,983 3,186,983 2,123,217 1,063,767 96376 Line Relocation - Pasco Maint 780,000 780,000 780,000 58,683 721,317 96377 Pinellas New Main / Service Lines 20,493,293 20,514,665 9,919 20,524,584 16,882,745 2,760 3,639,079 35 96378 Pasco New Mains / Service Lines 10,226,330 10,226,330 10,226,330 8,794,802 251,288 1,180,239 96379 Pasco Gas Meter Change Out 970,000 970,000 970,000 143,804 826,196 96381 Line Reloc-Pasco-Capital 805,000 805,000 805,000 2,535 802,465 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 813,865 178,135 96384 Gas Building Renovation 1,249,675 1,249,675 1,249,675 480,880 768,795 96385 Gas Main Extensions 1,557,845 1,557,845 1,557,845 890,352 667,493 96386 Expanded Energy Conservation 1,225,709 1,225,709 1,225,709 1,042,309 183,400 96387 Natural Gas Vehicle 2,700,000 2,950,000 2,950,000 2,399,056 43,144 507,800 96388 Gas Administrative Vehicles 0 37,618 37,618 37,618 Sub-Total 49,638,556 49,947,545 9,919 49,957,464 36,017,313 490,502 13,449,649 Solid Waste 96426 Facility R & R 1,932,608 1,932,608 1,932,608 1,465,336 18,200 449,072 96443 Res Container Acquisition-II 1,191,741 1,191,741 1,191,741 829,126 22,441 340,174 96444 Comm Container Acquisition-II 2,450,020 2,450,020 2,450,020 1,725,529 18,495 705,996 Sub-Total 5,574,369 5,574,369 - 5,574,369 4,019,992 59,135 1,495,242 31 Attachment number 15 \nPage 5 of 6 Item # 24 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY MID YEAR: October 1, 2012 to March 31, 2013 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/12 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Utility Miscellaneous 96516 Citywide Aerial Photo 159,533 159,533 159,533 151,596 7,937 96523 Pub Utilities Adm Bldg R&R 362,184 362,184 362,184 238,808 123,376 Sub-Total 521,717 521,717 - 521,717 390,404 - 131,313 Recycling 96804 Recycling Carts/Dumpsters 720,925 720,925 720,925 493,244 227,681 96805 Recyc Expan/Prom/R&R 1,251,525 1,251,525 1,251,525 780,567 470,958 Sub-Total 1,972,450 1,972,450 - 1,972,450 1,273,811 - 698,639 TOTAL ALL PROJECTS 613,428,372 623,577,920 27,270,944 650,848,864 393,008,658 54,681,325 203,158,881 32 Attachment number 15 \nPage 6 of 6 Item # 24 Special Program Fund Mid Year Budget Amendments October 1, 2012 - March 31, 2013 Increase/ Amdmt Project (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs Report Review Team Pilot Program - CLOSE PROJECT 1 99253 (2,227) To record a decrease of $2,226.98 in US Department of Justice grant revenue to bring the budget in-line with actual receipts. This project is complete and will be closed.(2,227) Police Education Fund 2 99317 4,967 To record a budget increase of $4,966.98 in Police Education fine revenue to bring the budget in-line with actual revenue received.4,967 Investigative Recovery Costs 3 99329 29,770 To record a budget increase of $7,154.22 in US Department of Justice grant revenue and $22,615.37 in fines,forfeitures and penalties revenue to bring the budget in-line with actual revenue received.29,770 FL Contraband Forfeit Fund 4 99330 26,745 To record a budget increase of $26,745 in fines,forfeitures, and penalties revenue.This will bring the budget in-line with actual revenue received.26,745 Vehicle Replacement 5 99350 4,592 To record a transfer of $4,591.50 in Police Services Revenue from project 181-99908,Police Outside Duty.This represents revenue collected for the second quarter of 2013 vehicle usage on extra duty jobs. 4,592 Public Safety Program Totals:59,255 4,592 63,846 Community Development Housing Rehab 2011 6 99640 (120,000) To record a budget transfer of Community Development Block Grant revenue for $85,000 to project 99730,Public Facilities 2103 and for $35,000 to project 99731,Economic Development 2013 representing remaining unused project funds. (120,000) Public Facilities 2013 7 99730 85,000 To record a transfer of $85,000 in Community Development Block Grant revenue from 181-99640, Housing Rehab representing unused project funds.85,000 33 Attachment number 16 \nPage 1 of 3 Item # 24 Special Program Fund Mid Year Budget Amendments October 1, 2012 - March 31, 2013 Increase/ Amdmt Project (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Economic Development 2013 8 99731 35,000 To record a transfer of $35,000 in Community Development Block Grant revenue from 181-99640, Housing Rehab representing unused project funds.35,000 Community Development Projects: Totals:- - (120,000) Miscellaneous Programs: JWB Programmer N Greenwood - CLOSE PROJECT 9 99835 (31,448) (1,497) To record a budget reduction of $31,447.93 in other governmental revenue to bring the budget in-line with actual receipts;and to record a transfer of $1,496.99 to project 181- 99872,Coordinated Child Care Ross Norton.The JWB/CCC program is only being administered at Ross Norton, the North Greenwood project is being closed.(32,945) Special Events - CLOSE PROJECT 10 99851 (11,150) To record a transfer of $11,150.10 in General Fund revenue to project 181-99865,Special Events.As a housekeeping measure,this annually funded project with an inflated gross budget is being closed.The new project with the same title was set up in the approved budget.At mid year the remaining available funds in the historical project is being transferred to the newly established project.(11,150) Special Events 11 99865 448,996 11,150 To record a budget increase of 448,995.51 representing $8,240.19 in rental income;$23,000 in sponsorships;$2,600 in memberships and registrations;$399,741.99 in sales; $7,728 in donations;$7,685.33 in reimbursements.This will bring the budget in-line with actual receipts for the quarter. A transfer of $11,150.10 in General Fund revenues from project 181-99851,Special Events is recognized to close the historical Special events project in fiscal year 2013.460,146 Coordinated Child Care Ross Norton 12 99872 87,559 To record a transfer of other governmental revenue for $1,496.99 from project 181-99835,JWP Programmer N Greenwood;and $86,061.97 from project 181-99873, Coordinated Child Care N Greenwood.The JWB/CCC program is only being administered at Ross Norton,the North Greenwood projects are being closed.87,559 34 Attachment number 16 \nPage 2 of 3 Item # 24 Special Program Fund Mid Year Budget Amendments October 1, 2012 - March 31, 2013 Increase/ Amdmt Project (Decrease)Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Coordinated Child Care N Greenwood -CLOSE PROJECT 13 99873 (86,062) To record a transfer of $86,061.97 in other governmental revenue to project 181-99872,Coordinated Child Care Ross Norton.The JWB/CCC program is only being administered at Ross Norton,the North Greenwood project is being closed.(86,062) Police - Outside Duty 14 99908 104,213 (4,592) To record a budget increase of $104,213 in Police Services revenue to bring the budget in-line with actual revenue received.To record a transfer of $4,591.50 in Police Services revenue to project 181-99350,Vehicle Replacement.This represents revenue collected for the second quarter of 2013 for vehicle usage on extra duty jobs.99,622 Emergency Operations 15 99927 1,417,964 To record a budget increase of $1,417,963.72 representing the following,$45,135.67 in Federal Disaster Relief revenue and $7,522.61 in FL Department of Community Affair revenue reimbursing for Tropical Storm Debby;and $1,365,305.44 in other governmental revenue representing reimbursement from the City of Tampa for radios purchased for the RNC.1,417,964 Tree Replacement Project 16 99970 13,167 To record a budget increase of $13,167 in fines,forfeitures and penalty revenue.This will bring the budget in-line with actual revenue received.13,167 Miscellaneous Programs Total:1,952,891 (4,592) 1,948,300 Project Total:2,012,146 - 1,892,146 100,000 To record an allocation of $100,000 from Special Program Fund Unassigned Fund Balance to fund increased costs for capital project 315-93417,Pier 60 Refurbishment as approved by the Council on March 21, 2013.100,000 Special Program Fund Grand Total:2,112,146 - 1,992,146 35 Attachment number 16 \nPage 3 of 3 Item # 24 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2012 to March 31, 2013 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2012 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99857 Stimulus - Electronic Plan Submittal & Rev 289,000 289,000 0 289,000 149,927 - 139,073 Sub-Total 289,000 289,000 0 289,000 149,927 - 139,073 PUBLIC SAFETY PROGRAMS 99201 RNC Police Overtime 838,000 1,308,586 0 1,308,586 512,156 - 796,430 99202 RNC Support 400,000 400,000 0 400,000 42,282 - 357,718 99203 RNC Fire 246,000 246,000 0 246,000 126,293 - 119,707 99246 AmeriCorps 2013 - 270,606 0 270,606 61,695 608 208,303 99247 RRT - Investigative Cost Recovery 45,672 45,672 0 45,672 12,444 - 33,228 99248 2012 Report Review Team Program 60,658 60,658 0 60,658 40,624 - 20,034 99249 Firing Range Improvements 50,000 50,000 0 50,000 - 50,000 - 99250 Americorps 2012 255,481 255,481 0 255,481 248,616 - 6,865 99252 CATFHT Enhancement Program 346,159 346,159 0 346,159 229,025 3,292 113,842 99253 Report Review Team Pilot Program 74,412 74,412 (2,227)72,185 72,185 - 0 C 1 99255 AmeriCorp Clearwater 2011 242,882 223,589 0 223,589 223,589 - 0 C 99256 Human Trafficking Task Force Contd 146,150 146,150 0 146,150 109,106 - 37,044 99264 School Resource Officers 863,943 1,164,270 0 1,164,270 1,074,608 - 89,662 99279 Police Recruitments 65,155 65,155 0 65,155 52,737 - 12,418 99281 Fed Forfeitures - Treasury 147,862 148,282 0 148,282 120,171 - 28,111 99316 Police Volunteers 115,421 115,421 0 115,421 110,898 - 4,523 99317 Police Education Fund 1,161,834 1,175,316 4,967 1,180,283 1,092,819 - 87,464 2 99325 Citizen's Police Academy 39,113 39,113 0 39,113 30,356 - 8,757 99329 Investigative Recovery Costs 1,666,081 1,761,396 29,770 1,791,166 1,492,737 1,250 297,179 3 99330 FL Contraband Forfeiture Fnd 1,064,801 1,244,109 26,745 1,270,854 601,596 - 669,258 4 99331 Law Enforcement Trust Fund 2,842,633 2,611,201 0 2,611,201 2,554,265 - 56,936 99350 Vehicle Replacement Fund 199,605 209,227 4,592 213,818 - 28,916 184,902 5 99356 Safe Neighborhood Program 515,046 515,046 0 515,046 478,142 - 36,904 99364 Crime Prevention Program 24,204 24,204 0 24,204 23,567 - 637 99387 Federal Forfeiture Sharing 1,529,549 1,537,188 0 1,537,188 1,142,372 18,793 376,023 Sub-Total 12,940,661 14,037,241 63,846 14,101,087 10,452,283 102,859 3,545,945 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 115,000 115,000 0 115,000 49,334 - 65,666 99601 Housing Rehab 2012 438,720 438,720 0 438,720 341,742 330 96,648 99602 Program Administration 2012 167,648 167,648 0 167,648 151,884 - 15,764 99604 Relocation/Demolition 2012 36,098 36,098 0 36,098 6,300 - 29,798 99605 Infill Housing 2012 118,659 118,659 0 118,659 640 - 118,019 99606 Public Services 2012 141,351 141,351 0 141,351 136,103 5,248 - 99640 Housing Rehab 2011 752,445 752,445 (120,000)632,445 134,722 - 497,723 6 99643 Relocation/Demolition 2011 8,165 8,165 0 8,165 7,475 690 - 99646 NSP2 Administration 200,088 200,088 0 200,088 128,446 - 71,642 99698 Public Facilities 2012 152,180 152,180 0 152,180 130,401 21,779 - 99730 Public Facilities 2013 273,197 273,197 85,000 358,197 - 273,197 85,000 7 99731 Economic Development 2013 10,000 10,000 35,000 45,000 530 - 44,470 8 99732 Housing Rehab 2013 140,000 140,000 0 140,000 46,536 - 93,464 99733 Program Administration 2013 143,999 143,999 0 143,999 94,472 - 49,527 99735 Infill Housing 2013 25,000 25,000 0 25,000 2,482 - 22,518 99736 Public Services 2013 127,799 127,799 0 127,799 50,458 77,341 - Sub-Total 2,850,349 2,850,349 0 2,850,349 1,281,525 378,585 1,190,239 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 419,704 419,704 0 419,704 163,019 - 256,685 99562 HUD Special Education 30,000 30,000 0 30,000 27,000 - 3,000 Sub-Total 449,704 449,704 0 449,704 190,019 - 259,685 MARINE 99704 Sembler Mitigation Project 676,621 684,891 0 684,891 134,480 - 550,411 Sub-Total 676,621 684,891 0 684,891 134,480 - 550,411 36 Attachment number 17 \nPage 1 of 2 Item # 24 SPECIAL PROGRAM STATUS SUMMARY MID YEAR REVIEW: October 1, 2012 to March 31, 2013 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/2012 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref MISCELLANEOUS PROGRAMS 99802 Brownfield Revolving Loan 1,200,000 1,200,000 0 1,200,000 225,733 - 974,267 99835 JWB Programmer N. Greenwood 339,780 339,780 (32,945)306,835 306,835 - 0 C 9 99844 United Way 6,080 6,080 0 6,080 5,530 - 550 99846 Economic Development - QTI 78,585 78,585 0 78,585 52,116 - 26,469 99851 Special Events 7,350,528 7,232,410 (11,150)7,221,260 7,221,260 - 0 C 10 99863 Pension Changes 200,000 200,000 0 200,000 144,155 - 55,845 99864 Clearwater Gateway Farmer's Mkt - 20,000 0 20,000 8,808 - 11,192 99865 Special Events 70,000 505,708 460,146 965,853 453,635 60,000 452,218 11 99868 Federal Early Retiree Reinsurance 651,500 651,500 0 651,500 559,222 - 92,278 99869 Health Prevention Program 72,617 106,301 0 106,301 91,787 - 14,514 99871 State Brownfields Redevelopment Acct 164,177 164,475 0 164,475 116,243 - 48,232 99872 Coordinated Child Care - Ross Norton 336,657 486,657 87,559 574,216 285,430 - 288,786 12 99873 Coordinated Child Care -No. Greenwood 221,741 228,775 (86,062)142,713 142,713 - 0 C 13 99908 Police - Outside Duty 6,925,560 7,254,451 99,622 7,354,072 7,480,476 - (126,404) 14 99910 Library Special Account 706,050 721,833 0 721,833 609,012 - 112,821 99925 Peg Access Support 838,261 838,261 0 838,261 796,977 - 41,284 99927 Emergency Operations 3,360,601 3,398,978 1,417,964 4,816,942 2,966,111 - 1,850,831 15 99928 Nagano Sister City Program 93,737 93,737 0 93,737 69,103 - 24,634 99950 IDB Fees 54,131 54,131 0 54,131 32,830 - 21,301 99970 Tree Replacement Project 1,126,010 1,179,621 13,167 1,192,788 659,569 - 533,219 16 99982 EMS Incentive/Recognition 69,700 69,700 0 69,700 41,088 - 28,612 99997 Main Library Field Trust 115,571 115,571 0 115,571 114,127 - 1,444 Sub-Total 23,981,287 24,946,553 1,948,300 26,894,852 22,382,760 60,000 4,452,092 TOTAL ALL PROJECTS 41,187,622 43,257,738 2,012,146 45,269,884 34,590,994 541,444 10,137,446 37 Attachment number 17 \nPage 2 of 2 Item # 24 City of Clearwater SPECIAL DEVELOPMENT FUND Mid Year FY 2012/13 Increase/ (Decrease)Description Revenues No amendments are proposed for Special Development Fund revenues at mid year. -$ Net Revenue Amendments Expenditures Transfer to Capital Improvement Fund (771,799) Mid year expenditure amendments reflect the return of $771,799.17 in Sales Tax Infrastructure revenues from closed capital project 315-92270,Gulf to Bay and Highland Improvements. (771,799)$ Net Expenditure Amendments 38 Attachment number 18 \nPage 1 of 1 Item # 24 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2012- March 31, 2013 Third Quarter: October 1, 2012 - June 30, 2013 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2012/13 2012/13 2012/13 Amendments SPECIAL DEVELOPMENT FUND SPECIAL DEVELOPMENT FUND Revenues: Ad Valorem Taxes 1,774,380 1,774,380 1,774,380 Infrastructure Tax 8,381,110 8,381,110 8,381,110 Interest Earnings 35,000 35,000 35,000 Open Space Fees 20,000 20,000 20,000 Recreation Facility Impact Fees 25,000 25,000 25,000 Recreation Land Impact Fees 25,000 25,000 25,000 Transportation Impact 125,000 125,000 125,000 Local Option Gas Tax 1,400,000 1,400,000 1,400,000 Allocation of Assigned Fund Balance 1,408,890 1,769,550 1,769,550 Allocation of Unassigned Fund Balance 1,151,160 1,151,160 1,151,160 14,345,540 14,706,200 14,706,200 - Expenditures: Transfer to Capital Improvement Fund Road Millage 1,774,380 1,774,380 1,774,380 Infrastructure Tax 9,625,000 9,985,660 9,213,861 (771,799) Transportation Impact fees 290,000 290,000 290,000 Local Option Gas Tax 1,396,030 1,396,030 1,396,030 Unassigned Fund Balance - Development Svc Ctr 1,151,160 1,151,160 1,151,160 14,236,570 14,597,230 13,825,431 (771,799) 39 Attachment number 19 \nPage 1 of 2 Item # 24 SPECIAL REVENUE FUNDS SPECIAL REVENUE FUNDS Mid Year: October 1, 2012- March 31, 2013 Third Quarter: October 1, 2012 - June 30, 2013 Original First Quarter Mid Year Budget Amended Budget Amended Budget 2012/13 2012/13 2012/13 Amendments SPECIAL PROGRAM FUND Revenues: CDBG/Home Funds 1,021,560 1,021,560 1,021,560 Interest Earnings 50,000 78,412 78,412 Grant Funds - 427,458 432,386 4,927 Other Governmental Revenue - 509,408 1,895,924 1,386,516 Police Fines and Court Proceeds - 285,918 353,413 67,494 Donations - 15,921 23,649 7,728 Sales - 200,918 600,659 399,742 Rentals - 19,123 27,363 8,240 Sponsorships - 23,600 46,600 23,000 Memberships/Registrations - 3,100 5,700 2,600 Contractual Services - 556,258 668,157 111,898 Transfers from General Fund - - - Sister City Program 3,000 3,000 3,000 Special Events 70,000 70,000 70,000 Allocation of Unassigned Fund Balance 500,000 500,000 600,000 100,000 1,644,560 3,714,676 5,826,822 2,112,146 Expenditures: CDBG/Home Funds 1,021,560 1,021,560 1,021,560 Planning - - - Public Safety - 1,096,581 1,155,835 59,255 Community Development - - - Social Services - - - Marine - 8,270 8,270 Sister City Program 3,000 3,000 3,000 Special Event Funding 70,000 70,000 70,000 Pier 60 Refurbishment 500,000 500,000 600,000 100,000 Other Miscellaneous Programs - 965,265 2,918,157 1,952,891 1,594,560 3,664,676 5,776,822 2,112,146 40 Attachment number 19 \nPage 2 of 2 Item # 24 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2012 / 13 41 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. ***** 02/26/13 Administrative Change Order #1 – Clearwater Airpark Runway 16 & 34 Rehabilitation Project (12-0006-AP). This change order is needed to adjust quantities and add new items according to field conditions, resulting in a net decrease to the project. Ajax Paving Industries of FL, LLC (46,099.18) 03/13/13 Administrative Change Order #2 and Final – East Anoxic Tank Rehabilitation (09-0007-UT). This change order is needed to decrease for owner direct purchases, associated sales tax savings, adjust quantities, and add new items according to field conditions in order to complete the project; resulting in a net decrease to the project. TLC Diversified, Inc (169,909.20) 04/23/13 Administrative Change Order #1 and Final – 2012 Bridge Rehabilitation Project (11-0043-EN). This change order is needed to adjust quantities according to field conditions in order to complete the project; resulting in a net decrease to the project. Biltmore Construction Co., Inc (658.12) 04/30/13 Administrative Change Order #1 and Final – Ewing & Tuskawilla Storm Pipe Replacement Project (11-0061-EN). This change order is needed to adjust quantities and add items according to field conditions in order to complete the project; resulting in a net increase to the project. Adkins contracting, Inc 8,869.72 05/16/13 Administrative Change Order #3 and Final – 2010 Stormwater Pipe Lining Project (09-0054-EN). This change order is needed to adjust quantities according to field conditions in order to complete the project; resulting in a net decrease to the project. Reynolds Inliner, LLC (546,356.50) 05/22/13 Administrative Change Order #3 and Final – Marshall Street WRF Rapid Sand Filter Rehabilitation Project (09-0045-UT). This change order is needed to decrease for owner direct purchases, associated sales tax savings, and adjust quantities according to field conditions in order to complete the project; resulting in a net decrease to the project. Wharton-Smith, Inc (1,385,992.34) Attachment number 20 \nPage 1 of 1 Item # 24 Ordinance No. 8432-13 42 ORDINANCE NO. 8432-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER AND SEWER FUND, SOLID WASTE FUND, RECYCLING FUND, GAS FUND, MARINE FUND, AIRPARK FUND, CLEARWATER HARBOR MARINA FUND, GENERAL SERVICES FUND, AND GARAGE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2013, for operating purposes, including debt service, was adopted by Ordinance No. 8356-12; and WHEREAS, at the Mid Year Review it was found that an increase of $19,126,645 is necessary for revenues and an increase of $17,264,639 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 8356-12 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2012 and ending September 30, 2013 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL _________________________ READING AND ADOPTED _______________________________ George N. Cretekos, Mayor Approved as to form: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk Attachment number 21 \nPage 1 of 1 Item # 24 EXHIBIT A EXHIBIT A 2012-13 BUDGET REVENUE 2012-13 BUDGET REVENUE First Quarter Mid Year Budgeted Amended Amended Revenues Budget Budget 2012/13 2012/13 2012/13 Amendments General Fund: Ad Valorem Taxes 35,468,760 35,468,760 35,468,760 Utility Taxes 13,614,180 13,214,180 13,214,180 Local Option, Fuel & Other Taxes 8,247,380 8,247,380 8,247,380 Franchise Fees 10,562,930 10,212,930 10,212,930 Other Permits & Fees 1,607,600 1,607,600 1,607,600 Intergovernmental Revenues 18,247,510 18,262,427 18,270,608 8,180 Charges for Services 13,080,800 13,502,800 13,509,800 7,000 Judgement, Fines & Forfeitures 616,650 616,650 616,650 Miscellaneous Revenues 1,356,000 1,357,000 1,384,500 27,500 Transfers In 7,671,860 9,735,076 9,735,078 2 Other Financing Sources - - - Transfer from Reserves - 2,612,684 2,759,302 146,618 Total, General Fund 110,473,670 114,837,487 115,026,788 189,300 Special Revenue Funds: Special Development Fund 11,785,490 14,706,200 14,706,200 Special Program Fund 1,144,560 3,714,676 5,726,822 2,012,146 Utility & Other Enterprise Funds: Water & Sewer Fund 65,307,170 65,574,142 81,400,916 15,826,774 Stormwater Utility Fund 16,386,950 18,482,417 18,482,417 Solid Waste Fund 19,727,860 19,780,607 19,822,607 42,000 Gas Fund 38,086,640 41,243,405 42,309,405 1,066,000 Recycling Fund 2,603,500 2,992,704 2,966,704 (26,000) Airpark Fund 260,000 285,691 301,906 16,215 Marine Fund 4,563,620 4,572,910 4,472,910 (100,000) Clearwater Harbor Marina 476,200 478,402 478,402 Parking Fund 4,497,500 4,550,224 4,550,224 Harborview Center Fund 148,000 63,260 63,260 Internal Service Funds: Administrative Services Fund 9,110,200 9,299,534 9,299,534 General Services Fund 4,646,940 4,678,373 4,704,283 25,910 Garage Fund 12,948,200 13,115,892 13,190,192 74,300 Central Insurance Fund 18,321,730 21,175,660 21,175,660 Total, All Funds 320,488,230 339,551,584 358,678,230 19,126,645 43 Ordinance #8432-13 Attachment number 22 \nPage 1 of 2 Item # 24 EXHIBIT A (Continued) EXHIBIT A (Continued) 2012-13 BUDGET EXPENDITURES 2012-13 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget 2012/13 2012/13 2012/13 Amendments General Fund: City Council 279,220 283,179 283,179 City Manager's Office 1,232,240 1,249,239 1,249,239 City Attorney's Office 1,537,180 1,554,726 1,554,726 City Auditor's Office 194,080 195,423 195,423 Economic Development & Housing Svc 1,246,560 1,256,862 1,256,862 Engineering 7,663,600 7,708,913 7,708,913 Finance 2,162,430 2,183,243 2,183,243 Fire 24,430,700 24,590,196 24,734,816 144,620 Human Resources 1,029,330 1,034,832 1,034,832 Library 5,818,160 5,857,914 5,857,914 Marine & Aviation 593,640 595,655 602,655 7,000 Non-Departmental 3,330,390 3,780,390 3,780,390 Office of Management & Budget 305,310 307,511 307,511 Official Records & Legislative Svcs 1,012,030 1,040,078 1,040,078 Parks & Recreation 20,958,910 21,104,259 21,133,259 29,000 Planning & Development 4,754,150 4,796,274 4,796,274 Police 35,700,770 36,150,050 36,158,731 8,680 Public Communications 903,840 909,813 909,813 Public Utilities 238,930 238,930 238,930 Allocation to Reserves - - - Total, General Fund 113,391,470 114,837,487 115,026,788 189,300 Special Revenue Funds: Special Development Fund 14,236,570 14,597,230 13,825,431 (771,799) Special Program Fund 1,594,560 3,664,676 5,676,822 2,012,146 Utility & Other Enterprise Funds: Water & Sewer Fund 64,138,060 64,405,032 80,231,806 15,826,774 Stormwater Utility Fund 18,444,180 18,482,417 18,482,417 Solid Waste Fund 18,555,090 18,558,337 18,346,437 (211,900) Gas Fund 34,595,830 36,052,595 36,266,488 213,893 Recycling Fund 2,945,650 2,970,724 2,939,024 (31,700) Airpark Fund 155,290 180,961 205,676 24,715 Marine Fund 4,510,610 4,519,900 4,427,900 (92,000) Clearwater Harbor Marina 394,830 397,032 402,032 5,000 Parking Fund 4,007,790 4,018,721 4,018,721 Harborview Center Fund 41,350 41,350 41,350 Internal Service Funds: Administrative Services Fund 9,109,930 9,194,264 9,194,264 General Services Fund 4,579,400 4,610,833 4,636,743 25,910 Garage Fund 13,012,810 13,115,892 13,190,192 74,300 Central Insurance Fund 19,975,660 21,175,660 21,175,660 Total, All Funds 323,689,080 330,823,111 348,087,750 17,264,639 44 Ordinance #8432-13 Attachment number 22 \nPage 2 of 2 Item # 24 45 Ordinance No. 8433-13 ORDINANCE NO. 8433-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013, TO REFLECT A NET INCREASE OF $27,270,944 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2013 was adopted by Ordinance No. 8357-12; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 8357-12 is amended to read: Pursuant to the Mid Year Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2012 and ending September 30, 2013, a copy of which is on file with the City Clerk, the City Council hereby adopts a Mid Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos, Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk Attachment number 23 \nPage 1 of 1 Item # 24 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2012/13 2012/13 2012/13 Amendments Police Protection 0 0 0 Fire Protection 2,010,060 5,418,506 5,418,506 New Street Construction 0 0 0 Major Street Maintenance 3,305,410 3,294,162 2,522,363 (771,799) Sidewalk and Bike Trail 0 20,000 20,000 Intersections 435,000 435,000 504,749 69,749 Parking 260,000 218,207 218,207 Miscellaneous Engineering 35,000 35,000 35,000 Park Development 3,495,000 8,009,404 7,909,069 (100,335) Marine Facilities 990,000 1,076,561 1,171,561 95,000 Airpark Facilities 10,000 134,877 151,090 16,213 Libraries 5,835,000 5,835,000 5,835,000 Garage 5,411,000 5,490,225 5,490,225 Maintenance of Buildings 246,470 314,897 415,232 100,335 General Public City Buildings & Equipment 1,151,160 1,151,160 1,151,160 Miscellaneous 1,700,000 1,700,000 1,700,000 Stormwater Utility 7,733,660 8,533,660 9,083,660 550,000 Gas System 2,750,000 3,058,990 3,068,909 9,919 Solid Waste 460,000 460,000 460,000 Utilities Miscellaneous 10,000 10,000 10,000 Sewer System 10,473,000 9,542,018 9,542,018 Water System 15,835,250 17,557,891 44,859,753 27,301,862 Recycling 59,000 59,000 59,000 TOTAL 62,205,010 72,354,558 99,625,502 27,270,944 GENERAL SOURCES: General Operating Revenue 3,054,570 3,582,457 3,582,455 (2) General Revenue/County Co-op 635,000 635,000 635,000 Road Millage 1,774,380 1,774,380 1,774,380 Penny for Pinellas 9,625,000 16,979,884 16,208,085 (771,799) Transportation Impact Fee 290,000 290,000 290,000 Local Option Gas Tax 1,396,030 1,396,030 1,396,030 Special Program Fund 530,000 530,000 630,000 100,000 Special Development Fund 1,151,160 1,151,160 1,151,160 Grants - Other Agencies 300,000 300,000 300,000 Other Governmental 0 803,659 803,659 Property Owner's Share 0 21,372 101,040 79,668 Donations 0 100,000 100,000 Insurance Proceeds 0 8,752 8,752 Developer Public Art Contribution 0 0 0 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2012/13 46 Ordinance # 8433-13 Attachment number 24 \nPage 1 of 2 Item # 24 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2012/13 2012/13 2012/13 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2012/13 SELF SUPPORTING FUNDS: Marine Revenue 100,000 100,000 95,000 (5,000) Clearwater Harbor Marina Revenue 15,000 15,000 15,000 Airpark Revenue 10,000 34,980 51,196 16,215 Parking Revenue 270,000 228,207 228,207 Utility System: Water Impact Fees 243,700 243,700 243,700 Sewer Impact Fees 49,140 49,140 49,140 Utility R&R 3,051,430 3,051,430 3,051,430 Water Revenue 1,632,210 1,771,550 17,598,324 15,826,774 Sewer Revenue 6,088,730 6,088,730 6,088,730 Stormwater Utility Revenue 7,733,660 7,733,660 7,733,660 Gas Revenue 2,750,000 2,787,618 2,787,618 Solid Waste Revenue 460,000 460,000 460,000 Recycling Revenue 59,000 59,000 59,000 Grants - Other Agencies 0 899,897 12,924,985 12,025,088 INTERNAL SERVICE FUNDS: Garage Revenue 71,400 150,625 150,625 Administrative Services Revenue 255,000 255,000 255,000 Central Insurance Revenue 0 193,727 193,727 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 241,960 241,960 241,960 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 0 0 0 Lease Purchase - Sewer Lease Purchase - Stormwater Bond Issue - Water & Sewer 15,253,040 15,253,040 15,253,040 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,039,600 5,039,600 5,039,600 Lease Purchase - Administrative Services 125,000 125,000 125,000 TOTAL ALL FUNDING SOURCES:62,205,010 72,354,558 99,625,502 27,270,944 47 Ordinance # 8433-13 Attachment number 24 \nPage 2 of 2 Item # 24 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Authorize the negotiated sale of not to exceed $7,445,000 Gas System Revenue Refunding Bonds, Series 2013; authorize staff to proceed with the refunding of the outstanding Gas System Revenue Refunding Bonds, Series 2004 and adopt Resolution 13-15. SUMMARY: Currently outstanding is $7,270,000 par value of Gas System Revenue Refunding Bonds, Series 2004, with maturities in years 2014 through 2026 and interest rates ranging from 3.375% to 4.375% that are callable on September 1, 2013. Current market conditions present an opportunity to refinance these bonds to achieve a present value savings of approximately $950,000, or 13.2% of the refunded amount. The City's debt management policy states, "As a general rule, the present value savings of a particular refunding should exceed 5% (of the refunded amount)." In anticipation of the refunding, the City through its Financial Advisor, Stifel, Nicolaus and Company, Inc., issued a request for proposals (RFP) soliciting proposals from qualified investment companies to provide a bank loan source of funds instead of the more traditional bond transaction for this refunding, which has resulted in a lower cost (greater savings) opportunity. A traditional bond sales transaction would have yielded an estimated 7.5% savings, or approximately $545,000 versus the current estimate of $950,000. The refunding will result in gross annual debt service savings of approximately $85,000 in years 2014 through 2026. This resolution authorizes the negotiated sale of not to exceed $7,445,000 par value of Gas System Revenue Refunding Bonds, Series 2013, at an interest rate of 2.41%, to STI Institutional and Government, Inc (a SunTrust company), the firm submitting the most favorable response to the RFP. Annual principal payments on the 2013 refunding bonds are due September 1, 2014 through 2026, the same term as the refunded bonds. The bonds are callable, without prepayment penalty, five years after the date of issuance. Type:Debt-Bond Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval:1) Official Records and Legislative Services Cover Memo Item # 25 Jun 3, 2013 9:30 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) TABLE OF CONTENTS City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2013 Report Page Sources and Uses of Funds ............................1 Bond Pricing ..................................2 Bond Debt Service ................................3 Bond Summary Statistics .............................4 Summary of Bonds Refunded ...........................5 Prior Bond Debt Service ..............................6 Savings ....................................7 Summary of Refunding Results ...........................8 Escrow Requirements ..............................9 Escrow Cost ..................................10 Escrow Statistics ................................11 Escrow Sufficiency ................................12 Underwriter's Discount ..............................13 Cost of Issuance .................................14 Attachment number 1 \nPage 1 of 15 Item # 25 Jun 3, 2013 9:30 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) SOURCES AND USES OF FUNDS City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2013 Sources: Bond Proceeds: Par Amount 7,365,000.00 Other Sources of Funds: 2004 DSF Transfer 99,504.17 7,464,504.17 Uses: Refunding Escrow Deposits: Cash Deposit 7,419,256.25 Delivery Date Expenses: Cost of Issuance 37,000.00 Underwriter's Discount 6,000.00 43,000.00 Other Uses of Funds: Additional Proceeds 2,247.92 7,464,504.17 Attachment number 1 \nPage 2 of 15 Item # 25 Jun 3, 2013 9:30 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) BOND PRICING City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2013 Maturity Bond Component Date Amount Rate Yield Price Serial Bond: 09/01/2014 350,000 2.410% 2.410% 100.000 09/01/2015 365,000 2.410% 2.410% 100.000 09/01/2016 375,000 2.410% 2.410% 100.000 09/01/2017 375,000 2.410% 2.410% 100.000 09/01/2018 390,000 2.410% 2.410% 100.000 09/01/2019 395,000 2.410% 2.410% 100.000 09/01/2020 400,000 2.410% 2.410% 100.000 09/01/2021 410,000 2.410% 2.410% 100.000 09/01/2022 425,000 2.410% 2.410% 100.000 09/01/2023 435,000 2.410% 2.410% 100.000 09/01/2024 440,000 2.410% 2.410% 100.000 09/01/2025 1,485,000 2.410% 2.410% 100.000 09/01/2026 1,520,000 2.410% 2.410% 100.000 7,365,000 Dated Date 06/28/2013 Delivery Date 06/28/2013 First Coupon 09/01/2013 Par Amount 7,365,000.00 Original Issue Discount Production 7,365,000.00 100.000000% Underwriter's Discount (6,000.00) (0.081466%) Purchase Price 7,359,000.00 99.918534% Accrued Interest Net Proceeds 7,359,000.00 Attachment number 1 \nPage 3 of 15 Item # 25 Jun 3, 2013 9:30 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) BOND DEBT SERVICE City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2013 Period Ending Principal Coupon Interest Debt Service 09/01/2013 31,061.89 31,061.89 09/01/2014 350,000 2.410% 177,496.50 527,496.50 09/01/2015 365,000 2.410% 169,061.50 534,061.50 09/01/2016 375,000 2.410% 160,265.00 535,265.00 09/01/2017 375,000 2.410% 151,227.50 526,227.50 09/01/2018 390,000 2.410% 142,190.00 532,190.00 09/01/2019 395,000 2.410% 132,791.00 527,791.00 09/01/2020 400,000 2.410% 123,271.50 523,271.50 09/01/2021 410,000 2.410% 113,631.50 523,631.50 09/01/2022 425,000 2.410% 103,750.50 528,750.50 09/01/2023 435,000 2.410% 93,508.00 528,508.00 09/01/2024 440,000 2.410% 83,024.50 523,024.50 09/01/2025 1,485,000 2.410% 72,420.50 1,557,420.50 09/01/2026 1,520,000 2.410% 36,632.00 1,556,632.00 7,365,000 1,590,331.89 8,955,331.89 Attachment number 1 \nPage 4 of 15 Item # 25 Jun 3, 2013 9:30 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) BOND SUMMARY STATISTICS City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2013 Dated Date 06/28/2013 Delivery Date 06/28/2013 Last Maturity 09/01/2026 Arbitrage Yield 2.410208% True Interest Cost (TIC) 2.420575% Net Interest Cost (NIC) 2.419092% All‐In TIC 2.484758% Average Coupon 2.410000% Average Life (years) 8.960 Duration of Issue (years) 7.955 Par Amount 7,365,000.00 Bond Proceeds 7,365,000.00 Total Interest 1,590,331.89 Net Interest 1,596,331.89 Total Debt Service 8,955,331.89 Maximum Annual Debt Service 1,557,420.50 Average Annual Debt Service 679,721.59 Underwriter's Fees (per $1000) Average Takedown Other Fee 0.814664 Total Underwriter's Discount 0.814664 Bid Price 99.918534 Par Average Average PV of 1 bp Bond Component Value Price Coupon Life change Serial Bond 7,365,000.00 100.000 2.410% 8.960 5,801.40 7,365,000.00 8.960 5,801.40 All‐In Arbitrage TIC TIC Yield Par Value 7,365,000.00 7,365,000.00 7,365,000.00 + Accrued Interest + Premium (Discount) ‐ Underwriter's Discount (6,000.00) (6,000.00) ‐ Cost of Issuance Expense (37,000.00) ‐ Other Amounts Target Value 7,359,000.00 7,322,000.00 7,365,000.00 Target Date 06/28/2013 06/28/2013 06/28/2013 Yield 2.420575% 2.484758% 2.410208% Attachment number 1 \nPage 5 of 15 Item # 25 Jun 3, 2013 9:30 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) SUMMARY OF BONDS REFUNDED City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2013 Maturity Interest Par Call Call Bond Date Rate Amount Date Price Gas System Revenue Refunding Bonds, Series 2004: SERIAL 09/01/2014 3.375% 315,000.00 09/01/2013 100.000 09/01/2015 3.500% 330,000.00 09/01/2013 100.000 09/01/2016 3.625% 345,000.00 09/01/2013 100.000 09/01/2017 3.750% 345,000.00 09/01/2013 100.000 09/01/2018 4.000% 365,000.00 09/01/2013 100.000 09/01/2019 4.000% 375,000.00 09/01/2013 100.000 09/01/2020 4.000% 385,000.00 09/01/2013 100.000 09/01/2021 4.125% 405,000.00 09/01/2013 100.000 09/01/2022 4.250% 425,000.00 09/01/2013 100.000 09/01/2023 4.250% 440,000.00 09/01/2013 100.000 09/01/2024 4.250% 455,000.00 09/01/2013 100.000 09/01/2025 4.250% 1,510,000.00 09/01/2013 100.000 09/01/2026 4.375% 1,575,000.00 09/01/2013 100.000 7,270,000.00 Attachment number 1 \nPage 6 of 15 Item # 25 Jun 3, 2013 9:30 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) PRIOR BOND DEBT SERVICE City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2013 Period Annual Ending Principal Coupon Interest Debt Service Debt Service 09/01/2013 149,256.25 149,256.25 149,256.25 03/01/2014 149,256.25 149,256.25 09/01/2014 315,000 3.375% 149,256.25 464,256.25 613,512.50 03/01/2015 143,940.63 143,940.63 09/01/2015 330,000 3.500% 143,940.63 473,940.63 617,881.26 03/01/2016 138,165.63 138,165.63 09/01/2016 345,000 3.625% 138,165.63 483,165.63 621,331.26 03/01/2017 131,912.50 131,912.50 09/01/2017 345,000 3.750% 131,912.50 476,912.50 608,825.00 03/01/2018 125,443.75 125,443.75 09/01/2018 365,000 4.000% 125,443.75 490,443.75 615,887.50 03/01/2019 118,143.75 118,143.75 09/01/2019 375,000 4.000% 118,143.75 493,143.75 611,287.50 03/01/2020 110,643.75 110,643.75 09/01/2020 385,000 4.000% 110,643.75 495,643.75 606,287.50 03/01/2021 102,943.75 102,943.75 09/01/2021 405,000 4.125% 102,943.75 507,943.75 610,887.50 03/01/2022 94,590.63 94,590.63 09/01/2022 425,000 4.250% 94,590.63 519,590.63 614,181.26 03/01/2023 85,559.38 85,559.38 09/01/2023 440,000 4.250% 85,559.38 525,559.38 611,118.76 03/01/2024 76,209.38 76,209.38 09/01/2024 455,000 4.250% 76,209.38 531,209.38 607,418.76 03/01/2025 66,540.63 66,540.63 09/01/2025 1,510,000 4.250% 66,540.63 1,576,540.63 1,643,081.26 03/01/2026 34,453.13 34,453.13 09/01/2026 1,575,000 4.375% 34,453.13 1,609,453.13 1,643,906.26 7,270,000 2,904,862.57 10,174,862.57 10,174,862.57 Attachment number 1 \nPage 7 of 15 Item # 25 Jun 3, 2013 9:30 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) SAVINGS City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2013 Present Value Prior Prior Prior Refunding to 06/28/2013 Date Debt Service Receipts Net Cash Flow Debt Service Savings @ 2.4102078% 09/01/2013 149,256.25 99,504.17 49,752.08 31,061.89 18,690.19 18,195.68 09/01/2014 613,512.50 613,512.50 527,496.50 86,016.00 84,337.30 09/01/2015 617,881.26 617,881.26 534,061.50 83,819.76 80,243.47 09/01/2016 621,331.26 621,331.26 535,265.00 86,066.26 80,410.42 09/01/2017 608,825.00 608,825.00 526,227.50 82,597.50 75,349.34 09/01/2018 615,887.50 615,887.50 532,190.00 83,697.50 74,516.55 09/01/2019 611,287.50 611,287.50 527,791.00 83,496.50 72,552.11 09/01/2020 606,287.50 606,287.50 523,271.50 83,016.00 70,402.15 09/01/2021 610,887.50 610,887.50 523,631.50 87,256.00 72,192.79 09/01/2022 614,181.26 614,181.26 528,750.50 85,430.76 68,985.68 09/01/2023 611,118.76 611,118.76 528,508.00 82,610.76 65,105.70 09/01/2024 607,418.76 607,418.76 523,024.50 84,394.26 64,891.13 09/01/2025 1,643,081.26 1,643,081.26 1,557,420.50 85,660.76 64,261.71 09/01/2026 1,643,906.26 1,643,906.26 1,556,632.00 87,274.26 63,792.43 10,174,862.57 99,504.17 10,075,358.40 8,955,331.89 1,120,026.51 955,236.48 Savings Summary PV of savings from cash flow 955,236.48 Plus: Refunding funds on hand 2,247.92 Net PV Savings 957,484.40 Attachment number 1 \nPage 8 of 15 Item # 25 Jun 3, 2013 9:30 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) SUMMARY OF REFUNDING RESULTS City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2013 Dated Date 06/28/2013 Delivery Date 06/28/2013 Arbitrage yield 2.410208% Escrow yield Bond Par Amount 7,365,000.00 True Interest Cost 2.420575% Net Interest Cost 2.419092% Average Coupon 2.410000% Average Life 8.960 Par amount of refunded bonds 7,270,000.00 Average coupon of refunded bonds 4.222499% Average life of refunded bonds 9.147 PV of prior debt to 06/28/2013 @ 2.410208% 8,419,740.65 Net PV Savings 957,484.40 Percentage savings of refunded bonds 13.170349% Attachment number 1 \nPage 9 of 15 Item # 25 Jun 3, 2013 9:30 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) ESCROW REQUIREMENTS City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2013 Period Principal Ending Interest Redeemed Total 09/01/2013 149,256.25 7,270,000.00 7,419,256.25 149,256.25 7,270,000.00 7,419,256.25 Attachment number 1 \nPage 10 of 15 Item # 25 Jun 3, 2013 9:30 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) ESCROW COST City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2013 Purchase Cost of Cash Total Date Securities Deposit Escrow Cost 06/28/2013 7,419,256.25 7,419,256.25 0 7,419,256.25 7,419,256.25 Attachment number 1 \nPage 11 of 15 Item # 25 Jun 3, 2013 9:30 am Prepared by Stifel Nicolaus & Company, Inc. (MJS)ESCROW STATISTICSCity of Clearwater, FloridaGas System Revenue Refunding Bonds, Series 2013Modified Yield to Yield to Perfect Value ofTotal Duration Receipt Disbursement Escrow Negative Cost ofEscrow Escrow Cost (years) Date Date Cost Arbitrage Dead TimePrior Bonds:ESCROW 99,504.17 99,087.86 416.31Global Proceeds Escrow:7,319,752.08 7,289,127.16 30,624.927,419,256.25 7,388,215.02 0.00 31,041.23Delivery date 06/28/2013Arbitrage yield 2.410208% Attachment number 1 \nPage 12 of 15 Item # 25 Jun 3, 2013 9:30 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) ESCROW SUFFICIENCY City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2013 Escrow Net Escrow Excess Excess Date Requirement Receipts Receipts Balance 09/01/2013 7,419,256.25 7,419,256.25 7,419,256.25 7,419,256.25 0.00 Attachment number 1 \nPage 13 of 15 Item # 25 Jun 3, 2013 9:30 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) UNDERWRITER'S DISCOUNT City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2013 Underwriter's Discount $/1000 Amount Bank Counsel Fee 0.81466 6,000.00 0.81466 6,000.00 Attachment number 1 \nPage 14 of 15 Item # 25 Jun 3, 2013 9:30 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) COST OF ISSUANCE City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2013 Cost of Issuance $/1000 Amount Financial Advisor Fee 2.71555 20,000.00 Financial Advisor Expenses 0.06789 500.00 Bond Counsel Fee 2.03666 15,000.00 Bond Counsel Expenses 0.20367 1,500.00 5.02376 37,000.00 Attachment number 1 \nPage 15 of 15 Item # 25 Resolution No. 13-15 RESOLUTION NO. 13-15 A RESOLUTION AUTHORIZING THE NEGOTIATED SALE OF NOT TO EXCEED $7,445,000 CITY OF CLEARWATER, FLORIDA, GAS SYSTEM REVENUE REFUNDING BONDS, SERIES 2013; AWARDING THE SALE THEREOF TO STI INSTITUTIONAL & GOVERNMENT, INC., SUBJECT TO THE TERMS AND CONDITIONS OF A COMMITMENT LETTER; APPOINTING AN ESCROW AGENT; APPOINTING A PAYING AGENT AND REGISTRAR; APPROVING THE FORM OF ESCROW DEPOSIT AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE ISSUANCE AND DELIVERY OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 15, 1991, the City Council of the City of Clearwater, Florida (the "City" or the "Issuer") enacted Ordinance No. 5118-91 (the "Original Ordinance") to provide for the issuance of bonds payable from Net Revenues of the Gas System (as defined therein); and WHEREAS, on April 21, 2005, the City enacted Ordinance No. 7423-05 (the "2005 Ordinance" and, together with the Original Ordinance, collectively, the "Bond Ordinance") which authorized the issuance of the City of Clearwater, Florida, Gas System Revenue [Refunding] Bonds, Series [to be determined], as Additional Parity Obligations under the Original Ordinance; and WHEREAS, the City by this Resolution intends to provide for the issuance of not to exceed $7,445,000 City of Clearwater, Florida Gas System Revenue Refunding Bonds, Series 2013 (the "Series 2013 Bonds") as Additional Parity Bonds to refund a portion of the City's outstanding Gas System Revenue Refunding Bonds, Series 2004 (the "Refunded Bonds"); and WHEREAS, it is in the best interest of the City to provide for the negotiated sale of not to exceed $7,445,000 of Series 2013 Bonds; and WHEREAS, the Issuer issued a request for proposals ("RFP") to banking and other institutions on April 16, 2013, and received responses thereto on May 16, 2013; and WHEREAS, the Issuer now desires to approve the issuance of its Series 2013 Bonds, to sell its Series 2013 Bonds pursuant to the RFP to STI Institutional & Government, Inc. ("STI"), the respondent who provided the most favorable response to the RFP, and to take certain other actions in connection with the issuance and sale of the Series 2013 Bonds; and WHEREAS, the Issuer will be provided all applicable disclosure information by STI as required by Section 218.385, Florida Statutes; and WHEREAS, this resolution shall constitute a supplemental resolution under the terms of the Bond Ordinance, and all capitalized undefined terms used herein shall have the meanings set forth in the Bond Ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Attachment number 2 \nPage 1 of 32 Item # 25 Resolution No. 13-15 2 SECTION 1. This Resolution is adopted pursuant to the provisions of Article VIII, Section 2 of the Constitution of the State of Florida, Chapter 166, Florida Statutes, the Charter of the City of Clearwater, Florida, the Bond Ordinance and other applicable provisions of law. A series of the Gas System Revenue Refunding Bonds authorized by the Bond Ordinance is hereby authorized to be issued in a principal amount of not to exceed $7,445,000 pursuant to this Resolution, with such bonds hereby designated as Series 2013 (the "Series 2013 Bonds"). The Series 2013 Bonds authorized by this Resolution are hereby authorized to be issued as Additional Parity Obligations under the Bond Ordinance. The issuance of not to exceed $7,445,000 of the Series 2013 Bonds by the City is hereby approved upon the terms and condi-tions set forth in the Bond Ordinance and this Resolution. The refunding of the City’s Gas System Revenue Refunding Bonds, Series 2004 maturing on and after September 1, 2014 (the “Refunded Bonds”), with a redemption date of September 1, 2013 is hereby authorized, to be paid in part with the proceeds of the Series 2013 Bonds herein authorized. The City Manager, or in his absence an Assistant City Manager, and Finance Director are hereby authorized and directed to provide irrevocable directions to defease and redeem the Refunded Bonds. The provisions of the Bond Ordinance shall be fully applicable to the Series 2013 Bonds and all of the covenants contained in the Bond Ordinance shall be applicable to the Series 2013 Bonds. SECTION 2. It is in the best interest of the Issuer and the residents and inhabitants thereof that the Series 2013 Bonds be issued as fully certificated bonds to STI. SECTION 3. Due to the present instability in the market for revenue obligations, the critical importance of the timing of the sale of the Bonds and due to the willingness of STI to purchase the Series 2013 Bonds at rates favorable to the Issuer, it is hereby determined that it is in the best interest of the public and the Issuer to sell the Series 2013 Bonds at a negotiated sale. The Issuer has received an offer from STI to purchase the Series 2013 Bonds, subject to the terms and conditions set forth in STI's Commitment Letter (the "STI Commitment") dated May 15, 2013, attached hereto as Exhibit A and incorporated herein by reference, which STI Commitment is hereby accepted by the City. The Series 2013 Bonds are hereby sold and awarded to STI in accordance with the STI Commitment at the price of par, and the Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absence an Assistant City Manager, are hereby authorized to execute and deliver the Series 2013 Bonds substantially in the form attached hereto as Exhibit B attested by the City Clerk and approved as to form and legal sufficiency by the City Attorney, receive the purchase price therefor and apply the proceeds thereof to the refunding of the Refunded Bonds as provided herein, without further authority from this body. The Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absence an Assistant City Manager, are authorized to make any and all changes on the form of the Series 2013 Bonds which shall be necessary to conform the same to the STI Commitment. Execution of the Bond by the Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absence an Assistant City Manager, shall be conclusive evidence of their approval of the form of the Series 2013 Bonds. The Bonds shall be payable solely as provided herein. Prior to purchase of the Series 2013 Bonds, STI shall execute a Purchaser's Certificate attached hereto as Exhibit C. The disclosure letter as Attachment number 2 \nPage 2 of 32 Item # 25 Resolution No. 13-15 3 required by Chapter 218, Florida Statutes is attached hereto as Exhibit D . In connection with the transfer of a Series 2013 Bond to a subsequent holder except for an affiliate of STI, such successor holder shall deliver to the City a Purchaser’s Certificate substantially in the form attached hereto as Exhibit C prior to such Series 2013 Bond being registered in the name of such successor holder. For purposes of this provision "affiliate" shall mean, as to any person, any other person that directly, or indirectly through one or more intermediaries, Controls, is Controlled by, or is under common Control with, such person. For the purposes of this definition, "Control" shall mean the power, directly or indirectly, either to (i) vote 5% or more of the securities having ordinary voting power for the election of directors (or persons performing similar functions) of a person or (ii) direct or cause the direction of the management and policies of a person, whether through the ability to exercise voting power, by control or otherwise. The terms "Controlled by" and "under common Control with" have the meanings correlative thereto. SECTION 4. The Series 2013 Bonds shall be issued in fully registered form; shall be dated as of their date of initial issuance; shall be numbered; shall be in a single denomination equal to the principal amount thereof; shall mature on September 1, 2026; shall bear interest at the rate of 2.41%, subject to the provision of Section 8 hereof; and such interest to be payable semi-annually on the first (1st) day of each March and September, commencing on September 1, 2013. Interest shall be calculated on the basis of a 360 day year consisting of twelve 30 day months. On the date of the issuance of the Bonds, the Issuer shall receive the proceeds thereof and deposit same in accordance with the Escrow Deposit Agreement. The Series 2013 Bonds shall be subject to optional redemption in whole but not in part, upon two Business Days prior written notice, on any date prior to their maturity date commencing with the fifth (5th) anniversary of the dated date of the Series 2013 Bonds at a redemption price equal to the principal amount being redeemed together with interest accrued to the date of redemption. The Series 2013 Bonds are subject to Amortization Installments in part prior to maturity at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to the redemption date beginning on September 1, 2014 and on each September 1 thereafter in the following principal amounts in the years specified: Date Principal Amount Date 2014 Principal Amount 2021 2015 2022 2016 2023 2017 2024 2018 2025 2019 2026 2020 Notwithstanding the foregoing, for so long as the Series 2013 Bonds are owned by STI, (i) the principal of, redemption price and interest on the Series 2013 Bonds shall be payable to STI on the respective principal and interest payment dates through ACH direct transfer to STI, and upon transfer of the Series 2013 Bonds to a subsequent holder, at such address as is provided by such subsequent holder in writing to the Issuer without presentation of the Series 2013 Bonds, and (ii) in the event of a conflict between the terms of the Series 2013 Bonds or Attachment number 2 \nPage 3 of 32 Item # 25 Resolution No. 13-15 4 this Resolution and the STI Commitment, the terms and conditions of the STI Commitment shall control. SECTION 5. The Series 2013 Bonds shall be issued under and secured by the Bond Ordinance and shall be executed and delivered by the Mayor, or in his absence the Vice-Mayor, the City Manager, or in his absence an Assistant City Manager, and the City Clerk upon the approval of the City Attorney as to form and legal sufficiency, in substantially the form set forth in the Bond Ordinance and Exhibit B hereto, with such additional changes and insertions therein as conform to the provisions of the STI Proposal and such execution and delivery shall be conclusive evidence of the approval thereof by such officers. SECTION 6. U.S. Bank, National Association, is hereby designated and authorized to serve as Escrow Agent for the Series 2013 Bonds. The Escrow Deposit Agreement is to be in substantially the form set forth in Exhibit E attached hereto, together with such changes as shall be approved by the Mayor, or in his absence the Vice-Mayor, the City Manager, or in his absence an Assistant City Manager, such approval to be conclusively evidenced by their execution thereof. The execution of the Escrow Deposit Agreement is hereby approved, and the execution of the Escrow Deposit Agreement by the Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absence an Assistant City Manager, is hereby authorized, to be attested by the City Clerk, the form of which to be approved by the City Attorney. At the time of execution of the Escrow Deposit Agreement, the City shall furnish to the Escrow Agent named therein appropriate documentation to demonstrate that the sums being deposited and the investments to be made will be sufficient for such purposes. SECTION 7. The City’s Finance Director is hereby appointed to serve as the Paying Agent and Registrar for the Series 2013 Bonds. SECTION 8. The interest payable on the Series 2013 Bonds shall be subject to adjustment in accordance with the following provisions: "Default Rate" shall mean a rate per annum equal to the lesser of the maximum rate permitted by law or 18%. "Determination of Taxability" means a final decree or judgment of any Federal court or a final action of the Internal Revenue Service determining that interest paid or payable on the Series 2013 Bonds is or was includable in the gross income of a Bondholder for Federal income tax purposes; provided, that no such decree, judgment, or action will be considered final for this purpose, however, unless the City has been given written notice and, if it is so desired and is legally allowed, has been afforded the opportunity to contest the same, either directly or in the name of any Bondholder, and until the conclusion of any appellate review, if sought. “Event of Default” shall mean, for purposes of adjusting the Interest Rate, the occurrence by the City of a failure to comply with one or more covenants or agreements set forth in the Bond Ordinance or this Resolution, and shall continue until such failure to comply with one or more covenants or agreements has been cured. Attachment number 2 \nPage 4 of 32 Item # 25 Resolution No. 13-15 5 “Interest Rate” shall mean a per annum rate equal to 2.41%, prior to a Determination of Taxability or an Event of Default, calculated on the basis of a 360 day year consisting of twelve 30 day months. "Taxable Period" shall mean the period of time between (a) the date that interest on the Series 2013 Bonds is deemed to be includable in the gross income of the Holder thereof for federal income tax purposes as a result of a Determination of Taxability, and (b) the date of the Determination of Taxability. "Taxable Rate" shall mean, upon a Determination of Taxability, the interest rate per annum that shall provide the Holder with the same after tax yield that the Holder would have otherwise received had the Determination of Taxability not occurred, taking into account the increased taxable income of the Holder as a result of such Determination of Taxability. The Holder shall provide the City with a written statement explaining the calculation of the Taxable Rate, which statement shall, in the absence of manifest error, be conclusive and binding on the City. The Issuer shall pay interest upon the unpaid principal balance of the Series 2013 Bonds at the Interest Rate, subject to adjustment as provided herein. Upon a Determination of Taxability, the Interest Rate shall be the Taxable Rate as hereinafter provided, and upon and during the continuance of an Event of Default (notwithstanding that a Determination of Taxability has also occurred) the Interest Rate shall equal the Default Rate. If the Interest Rate on the Series 2013 Bonds is changed due to a Determination of Taxability, the Interest Rate shall equal the Taxable Rate for the Taxable Period. Upon the occurrence of a Determination of Taxability and for as long as the Series 2013 Bonds remains outstanding, the Interest Rate on the Series 2013 Bonds shall be converted to the Taxable Rate. In addition, upon a Determination of Taxability, the Issuer shall pay to the Holder (i) an additional amount equal to the difference between (A) the amount of interest actually paid on the Series 2013 Bonds during the Taxable Period and (B) the amount of interest that would have been paid during the Taxable Period had the Series 2013 Bonds borne interest at the Taxable Rate, and (ii) an amount equal to any interest, penalties on overdue interest and additions to tax (as referred to in Subchapter A of Chapter 68 of the Code) owed by the Holder as a result of the Determination of Taxability. This adjustment shall survive payment of the Series 2013 Bonds until such time as the federal statute of limitations under which the interest on the Series 2013 Bonds could be declared taxable under the Code shall have expired. SECTION 9. For purposes hereof, the Reserve Requirement (as defined in the Bond Ordinance) for the Series 2013 Bonds shall be $0.00, and the Series 2013 Bonds shall not be entitled to any security provided by any monies on deposit in the Reserve Account. SECTION 10. The City agrees with the holder of the Series 2013 Bonds to not change or amend the covenants set forth in Section 16 of the Original Ordinance in a manner that would adversely affect the rights and interests of the holder of the Series 2013 Bonds without the consent of such holder. SECTION 11. The City covenants that it will maintain its solvency through the term of Attachment number 2 \nPage 5 of 32 Item # 25 Resolution No. 13-15 6 the Series 2013 Bonds to avoid an act of bankruptcy or the rearrangement, adjustment or readjustment of the obligations of the City under the provisions of any bankruptcy or moratorium laws or similar laws relating to or affecting creditor’s rights. SECTION 12. All prior resolutions of the Issuer inconsistent with the provisions of this resolution are hereby modified, supplemented and amended to conform with the provisions herein contained and except as otherwise modified, supplemented and amended hereby shall remain in full force and effect. SECTION 13. The Mayor, or in his absence the Vice-Mayor, the City Manager, or in his absence an Assistant City Manager, the Finance Director, the City Attorney and the City Clerk or any other appropriate officers of the Issuer are hereby authorized and directed to execute any and all certifications or other instruments or documents required by the Resolution, the STI Proposal or any other document referred to above as a prerequisite or precondition to the issuance of the Series 2013 Bonds and any such representation made therein shall be deemed to be made on behalf of the Issuer. In the event both the Mayor and the Vice-Mayor are unable to execute the documents related to the Series 2013 Bonds, then any other member of the City Council shall be authorized to execute such documents with the full force and effect as if the Mayor or the Vice-Mayor had executed same. All action taken to date by the officers of the Issuer in furtherance of the issuance of the Series 2013 Bonds is hereby approved, confirmed and ratified. SECTION 14. The proceeds received from the delivery of the Series 2013 Bonds, together with any other monies lawfully available therefor, shall be applied by the City simultaneously with the delivery of the Series 2013 Bonds to STI, as follows: (i) to the extent not paid from legally available funds of the City, an amount which shall pay the costs and expenses associated with the issuance of the Series 2013 Bonds; and (ii) a sum specified in the Escrow Agreement that shall be sufficient, taking into account other legally available moneys of the City, if any, to pay the principal of, interest on and redemption premium, if any, on the Refunded Bonds, shall be deposited into the escrow account created under the Escrow Agreement (the "Escrow Account"). Simultaneously with the delivery of the Series 2013 Bonds, the City is authorized to transfer or cause to be transferred to the Escrow Account, moneys, if any, accumulated in any sinking and/or reserve funds which were intended to be used to pay debt service on the Refunded Bonds. The proceeds of the Series 2013 Bonds shall be and constitute trust funds for the purposes hereinafter provided and there is hereby created a lien upon such monies, until so applied, in favor of the Holders of the Series 2013 Bonds. SECTION 15. The City will submit to STI the City’s annual financial statements within 270 days of the end of each fiscal year, together with any other information STI may reasonably request. Attachment number 2 \nPage 6 of 32 Item # 25 Resolution No. 13-15 7 SECTION 16. To the extent permitted by law, the City knowingly, voluntarily, and intentionally waives any right it may have to a trial by jury, with respect to any litigation or legal proceedings based on or arising out of this Resolution or the Series 2013 Bonds, including any course of conduct, course of dealings, verbal or written statement or actions or omissions of any party which in any way relates to the Series 2013 Bonds or this Resolution. SECTION 17. The substantive laws of the State of Florida shall govern this Agreement. The parties hereto submit to the jurisdiction of Florida courts and agree that venue for any suit concerning this Resolution shall be in Pinellas County, Florida. SECTION 18. This resolution shall become effective immediately upon its adoption. Passed and adopted by the City Council of the City of Clearwater, Florida, this 19th day of June, 2013. CITY OF CLEARWATER, FLORIDA By: __________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ ________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 2 \nPage 7 of 32 Item # 25 Resolution No. 13-15 A-1 EXHIBIT A STI COMMITMENT LETTER Attachment number 2 \nPage 8 of 32 Item # 25 Resolution No. 13-15 B-1 EXHIBIT B FORM OF SERIES 2013 BOND EXCEPT AS OTHERWISE PROVIDED IN RESOLUTION NO. 13-15 (THE “RESOLUTION”), ANY OWNER SHALL, PRIOR TO BECOMING A HOLDER, EXECUTE A PURCHASER'S CERTIFICATE IN THE FORM ATTACHED TO THE RESOLUTION CERTIFYING, AMONG OTHER THINGS, THAT SUCH HOLDER IS AN "ACCREDITED INVESTOR" AS SUCH TERM IS DEFINED IN THE SECURITIES ACT OF 1933, AS AMENDED, AND REGULATION D THEREUNDER. No. R-1 $___________ UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF CLEARWATER GAS SYSTEM REVENUE REFUNDING BOND, SERIES 2013 Dated Interest Rate Maturity Date Date Cusip 2.41% September 1, 2026 June 28, 2013 N/A Registered Owner: STI INSTITUTIONAL & GOVERNMENT, INC. Principal Amount: _______________________________________ and no/100 Dollars KNOW ALL MEN BY THESE PRESENTS, that the City of Clearwater, Florida (hereinafter called "City"), for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date specified above, the Principal Amount shown above solely from the revenues hereinafter mentioned, and to pay solely from such revenues, interest on said sum from the Dated Date of this Bond or from the most recent interest payment date to which interest has been paid, at the per annum Interest Rate set forth above (as adjusted from time to time as hereinafter provided) until payment of such sum, such interest being payable semiannually on the first day of March and the first day of September of each year, commencing September 1, 2013. The principal of and premium, if any, on this Bond on the final amortization date or earlier date of redemption in full are payable upon presentation and surrender hereof on the date fixed for final maturity or earlier redemption at the principal office of the Finance Director of the City of Clearwater, Florida (the "Paying Agent") in Clearwater, Florida, or at the office designated for such payment of any successor thereof. The principal of and interest on this Bond, when due and payable, shall be paid through ACH direct transfer to the Registered Owner, and upon transfer of the Series 2013 Bonds to a subsequent holder, by check or draft mailed to, or through ACH direct transfer to, the person in whose name this Bond is registered at such address as is provided by such subsequent holder in writing to Attachment number 2 \nPage 9 of 32 Item # 25 Resolution No. 13-15 B-2 the City without presentation (except upon final maturity or earlier redemption in full) of the Series 2013 Bonds as reflected on the books and records of the Bond Registrar, at the close of business on the 15th day of the month (whether or not a business day) next preceding the interest payment date (the "Record Date"), irrespective of any transfer of this Bond subsequent to such Record Date and prior to such interest payment date, unless the City shall be in default in payment of interest due on such interest payment date. In the event of any such default, such defaulted interest shall be payable to the person in whose name such Bond is registered at the close of business on a special record date for the payment of defaulted interest as established by notice mailed by the Registrar to the Registered Holder of the Bonds not less than fifteen (15) days preceding such special record date. Such notice shall be mailed to the person in whose name such Bond is registered at the close of business on the fifth (5th) day preceding the date of mailing. Payment of interest on the Bonds may, at the option of any owner of Bonds in an aggregate principal amount of at least $1,000,000, be transmitted by wire transfer to such owner to the bank account number on file with the Paying Agent as of the Record Date upon written request therefor by the holder thereof for the appropriate interest payment date. All amounts due hereunder shall be payable in any coin or currency of the United States, which is, at the time of payment, legal tender for the payment of public or private debts. The interest payable on the Series 2013 Bonds shall be subject to adjustment in accordance with the following provisions: "Default Rate" shall mean a rate per annum equal to the lesser of the maximum rate permitted by law or 18%. "Determination of Taxability" means a final decree or judgment of any Federal court or a final action of the Internal Revenue Service determining that interest paid or payable on the Series 2013 Bonds is or was includable in the gross income of a Bondholder for Federal income tax purposes; provided, that no such decree, judgment, or action will be considered final for this purpose, however, unless the City has been given written notice and, if it is so desired and is legally allowed, has been afforded the opportunity to contest the same, either directly or in the name of any Bondholder, and until the conclusion of any appellate review, if sought. “Event of Default” shall mean, for purposes of adjusting the Interest Rate, the occurrence by the City of a failure to comply with one or more covenants or agreements set forth in the Bond Ordinance or this Resolution, and shall continue until such failure to comply with one or more covenants or agreements has been cured. “Interest Rate” shall mean a per annum rate equal to 2.41%, prior to a Determination of Taxability or an Event of Default, calculated on the basis of a 360 day year consisting of twelve 30 day months. "Taxable Period" shall mean the period of time between (a) the date that interest on the Series 2013 Bonds is deemed to be includable in the gross income of the Holder thereof for federal income tax purposes as a result of a Determination of Taxability, and (b) the date of the Determination of Taxability. Attachment number 2 \nPage 10 of 32 Item # 25 Resolution No. 13-15 B-3 "Taxable Rate" shall mean, upon a Determination of Taxability, the interest rate per annum that shall provide the Holder with the same after tax yield that the Holder would have otherwise received had the Determination of Taxability not occurred, taking into account the increased taxable income of the Holder as a result of such Determination of Taxability. The Holder shall provide the City with a written statement explaining the calculation of the Taxable Rate, which statement shall, in the absence of manifest error, be conclusive and binding on the City. The Issuer shall pay interest upon the unpaid principal balance of the Series 2013 Bonds at the Interest Rate, subject to adjustment as provided herein. Upon a Determination of Taxability, the Interest Rate shall be the Taxable Rate as hereinafter provided, and upon and during the continuance of an Event of Default (notwithstanding that a Determination of Taxability has also occurred) the Interest Rate shall equal the Default Rate. If the Interest Rate on the Series 2013 Bonds is changed due to a Determination of Taxability, the Interest Rate shall equal the Taxable Rate for the Taxable Period. Upon the occurrence of a Determination of Taxability and for as long as the Series 2013 Bonds remains outstanding, the Interest Rate on the Series 2013 Bonds shall be converted to the Taxable Rate. In addition, upon a Determination of Taxability, the Issuer shall pay to the Holder (i) an additional amount equal to the difference between (A) the amount of interest actually paid on the Series 2013 Bonds during the Taxable Period and (B) the amount of interest that would have been paid during the Taxable Period had the Series 2013 Bonds borne interest at the Taxable Rate, and (ii) an amount equal to any interest, penalties on overdue interest and additions to tax (as referred to in Subchapter A of Chapter 68 of the Code) owed by the Holder as a result of the Determination of Taxability. This adjustment shall survive payment of the Series 2013 Bonds until such time as the federal statute of limitations under which the interest on the Series 2013 Bonds could be declared taxable under the Code shall have expired. This Bond is one of a duly authorized issue of Gas System Revenue Refunding Bonds, Series 2013 (the "Bonds") in the aggregate principal amount of $____________ of like date, tenor and effect, except as to number, installments and maturity, issued to refund and redeem on September 1, 2013, the Outstanding principal amount of the City’s Gas System Revenue Refunding Bonds, Series 2004, maturing on and after September 1, 2014 (the “Refunded Bonds”), which are currently outstanding in the aggregate principal of $7,270,000, and (ii) to pay the costs of issuing the Series 2013 Bonds in full compliance with the Constitution and laws of the State of Florida, including particularly Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (the "Act"), and Ordinance No. 5118-91, enacted August 15, 1991, as amended and supplemented by Ordinance No. 7423-05, enacted April 21, 2005, (collectively, the "Bond Ordinance"), and Resolution No. 13-15, adopted on June 19, 2013, as supplemented (the “Resolution”) and is subject to all the terms and conditions of such Ordinance. It is provided in the Ordinance that the Bonds of this issue will rank on a parity with the Outstanding Bonds of the City's unrefunded Gas System Revenue Refunding Bonds, Series 2004, the Gas System Revenue Refunding Bonds, Series 2005, and the Gas System Revenue Refunding Bonds, Series 2007 (collectively, the "Parity Bonds"). This Bond and the Parity Bonds are payable solely from and secured by a first and prior lien upon and pledge of the Net Attachment number 2 \nPage 11 of 32 Item # 25 Resolution No. 13-15 B-4 Revenues, as defined in the Ordinance, which consists of the net revenues derived by the City from the operation of the System (the "Net Revenues") in the manner provided in the Ordinance. This Bond does not constitute an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the City, the State of Florida or any political subdivision thereof, within the meaning of any constitutional, statutory or charter provisions. Neither the State of Florida nor any political subdivision thereof, nor the City shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the Bonds, the interest thereon or other costs incident thereto or (2) to pay the same from any other funds of the City, except from the Net Revenues, in the manner provided herein. It is further agreed between the City and the Registered Holder of this Bond that this Bond and the indebtedness evidenced hereby shall not constitute a lien upon the System, or any part thereof, or on any other property of the City, but shall constitute a first and prior lien only on the Net Revenues, in the manner provided in the Ordinance. The Series 2013 Bonds shall be subject to optional redemption in whole but not in part, upon two Business Days prior written notice, on any date prior to their maturity date commencing on June 28, 2018, being the fifth (5th) anniversary of the dated date of the Series 2013 Bonds, at a redemption price equal to the principal amount being redeemed together with interest accrued to the date of redemption. The Series 2013 Bonds are subject to Amortization Installments in part prior to maturity at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to the redemption date beginning on September 1, 2014 and on each September 1 thereafter in the following principal amounts in the years specified: Date Principal Amount Date 2014 Principal Amount 2021 2015 2022 2016 2023 2017 2024 2018 2025 2019 2026 2020 In and by the Ordinance, the City has covenanted and agreed with the Registered Holders of the Bonds of this issue that it will fix, establish, revise from time to time whenever necessary, maintain and collect always, such fees, rates, rentals and other charges for the use of the product, services and facilities of the System which will always provide revenues in each year sufficient to pay, and out of such funds pay, 100% of all costs of operation and maintenance of the System in such year and all reserve and other payments provided for in the Ordinance and 125% of the bond service requirement due in such year on the Bonds of this issue, and on all other obligations payable on a parity therewith, and that such fees, rates, rentals and other charges shall not be reduced so as to be insufficient to provide adequate revenues for such purposes. The City has entered into certain further covenants with the Holders of the Bonds of this issue for the terms of which reference is made to the Ordinance. If the date for payment of the principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the Attachment number 2 \nPage 12 of 32 Item # 25 Resolution No. 13-15 B-5 Paying Agent is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. This Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code - Investment Securities of the State of Florida. The Bonds are issued in the form of fully registered bonds without coupons in denominations of a single bond in the principal amount of $___________. Subject to the limitations and upon payment of the charges provided in the Ordinance, Bonds may be exchanged for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations. This Bond is transferable by the Registered Holder hereof in person or by his attorney duly authorized in writing, at the above-mentioned office of the Registrar, but only in the manner, subject to the limitations and upon payment of the charges provided in the Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of the same maturity and of authorized denomination or denominations, for the same aggregate principal amount, will be issued to the transferee in exchange therefor. Bonds may be transferred upon the registration books upon delivery to the Registrar of the Bonds, accompanied by a written instrument or instruments of transfer in form and with guaranty of signature satisfactory to the Registrar, duly executed by the Registered Holder of the Bonds to be transferred or his attorney-in-fact or legal representative, containing written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security or federal employer identification numbers of the settlor and beneficiaries of the trust, the federal employer identification number and date of the trust and the name of the trustee. In all cases of the transfer of a Bond, the Registrar shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of authorized denominations of the same Maturity Date and Interest Rate for the aggregate principal amount which the Registered Holder is entitled to receive at the earliest practicable time in accordance with the provisions of the Ordinance. The City or the Registrar may charge the Registered Holder of such Bond for every such transfer or exchange of a Bond an amount sufficient to reimburse them for their reasonable fees and any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange, and may require that such charge be paid before any such new Bond shall be delivered. The City may deem and treat the Registered Holder hereof as the absolute owner hereof (whether or not this Bond shall be overdue) for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and the City shall not be affected by any notice to the contrary. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of the Bonds of this issue does not violate any constitutional or statutory limitations or provisions. Attachment number 2 \nPage 13 of 32 Item # 25 Resolution No. 13-15 B-6 [Remainder of page left intentionally blank] Attachment number 2 \nPage 14 of 32 Item # 25 Resolution No. 13-15 B-7 IN WITNESS WHEREOF, the City of Clearwater, Florida, has issued this Bond and has caused the same to be executed by the manual or facsimile signature of its City Manager or an Assistant City Manager and countersigned by the manual or facsimile signature of its Mayor, and its corporate seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, and attested by the facsimile signature of its City Clerk, as of the Dated Date. CITY OF CLEARWATER, FLORIDA (SEAL) By:_____________________________ George N. Cretekos Mayor By:______________________________ Rod Irwin Assistant City Manager ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:____________________ By:__________________________ Rosemarie Call Pamela K. Akin City Clerk City Attorney Attachment number 2 \nPage 15 of 32 Item # 25 Resolution No. 13-15 B-8 ASSIGNMENT FOR VALUE RECEIVED, the undersigned (the "Transferor"), hereby sells, assigns and transfers unto (Please insert name and Social Security or Federal Employer Identification number of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints (the "Transferee") as attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: Signature(s) must be guaranteed by a member of the New York Stock Exchange or a commercial bank or a trust company. NOTICE: No transfer will be registered and no new Bond will be issued in the name of the Transferee, unless the signature(s) to this assignment corresponds with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or Federal Employer Identification Number of the Transferee is supplied. Attachment number 2 \nPage 16 of 32 Item # 25 Resolution No. 13-15 C-1 EXHIBIT C FORM OF PURCHASER CERTIFICATE Mayor and City Council City of Clearwater Clearwater, Florida Ladies and Gentlemen: This Certificate is being executed and delivered by the undersigned as purchaser (the "Purchaser") to the City of Clearwater, Florida (the "City"), in connection with the issuance, sale and delivery of the City's Gas System Revenue Refunding Bonds, Series 2013 (the "Bonds") to the Purchaser, in accordance with the terms of the Purchaser's Commitment Letter to the City dated May 15, 2013, being issued pursuant to Ordinance No. 5118-91 (the "Original Ordinance"), and Ordinance No. 7423-05 (the "2005 Ordinance" and, together with the Original Ordinance, collectively, the "Bond Ordinance") and Resolution No. 13-15 (the "Resolution") for the purpose of refunding a portion of the City's Gas System Revenue Refunding Bonds, Series 2004 (the "Refunded Bonds"). Terms defined in the Resolution are used in this letter with the meanings assigned to them in the Bond Ordinance and the Resolution. The undersigned hereby represents, warrants and agrees to and with the City that: 1. The Purchaser is an accredited investor as such term is defined in the Securities Act of 1933, as amended, and Regulation D issued pursuant thereto, a principal part of whose business consists of buying securities such as the Bonds. 2. The Purchaser has received copies of the Bond Ordinance and the Resolution and certain of the other documents or instruments being delivered in connection with the issuance of the Bonds, and said documents are in form and substance satisfactory to the Purchaser and its counsel. 3. The Purchaser has conducted its own investigations, to the extent it deems satisfactory or sufficient, into matters relating to the business, properties, management, and financial position and results of operations of the City. 4. The Purchaser understands that the Bonds are not registered under the Securities Act of 1933, as amended. The Purchaser is purchasing the Bonds for its own account for investment and not with a view to, and with no present intention of, distributing or reselling the Bonds or any portion thereof, providing that the Purchaser reserves the right to transfer any or all of the Bonds purchased or any interest therein at any time and in our sole discretion and, in the event that we so transfer Bonds, we assume the responsibility for complying with any applicable federal and state securities laws. Attachment number 2 \nPage 17 of 32 Item # 25 Resolution No. 13-15 C-2 The Purchaser understands and agrees that the foregoing representations will be relied upon by the City in the issuance of the Bonds. Very truly yours, STI INSTITUTIONAL & GOVERNMENT, INC., as Purchaser By: Name: Title: Attachment number 2 \nPage 18 of 32 Item # 25 Resolution No. 13-15 D-1 EXHIBIT D FORM OF DISCLOSURE LETTER Mayor and City Council City of Clearwater Clearwater, Florida Ladies and Gentlemen: 1. An itemized list setting forth the nature and estimated amounts of expenses to be incurred by STI Institutional & Government, Inc., as the original purchaser (the “Purchaser") in connection with the issuance of $_____________ in aggregate principal amount of the City of Clearwater, Florida Gas System Refunding Revenue Bonds, Series 2013 (the "Bonds") is attached as Schedule I hereto. 2. No compensation was paid to any finders, as defined in Section 218.386, Florida Statutes, as amended, in connection with the issuance of the Bonds. 3. Underwriting fees in the amount of $0.00 are expected to be realized in the sale of the Bonds. 4. The Bonds are being placed with the Purchaser, as the original purchaser thereof, and no management fee is being charged. 5. No other fee, bonus or other compensation is to be paid by the Purchaser in connection with the Bond issue to any person not regularly employed or retained by them, except for compensation of $________ to Holland & Knight, in its capacity as counsel to the Purchaser, which amount is being paid by the City. 6. There were no underwriters involved in the placement of the Bonds to the Purchaser. 7. (a) The City is proposing to issue $__________ aggregate principal amount of debt or obligations for the purpose of refunding the City's Gas System Refunding Revenue Bonds, Series 2004. This debt or obligation is expected to be repaid over a period of approximately 13.2 years. At a forecasted true interest cost rate of 2.41%, total interest paid over the life of the debt or obligation will be $_______________________. (b) The source of repayment for this issue is the Gas System Revenues of the City. Authorizing this debt will result in approximately $____________ of such revenues of the City not being available to finance other services of the City each year for 13.2 years. Attachment number 2 \nPage 19 of 32 Item # 25 Resolution No. 13-15 D-2 We understand that you do not require any further disclosure from the Purchaser, pursuant to Section 218.385, Florida Statutes, as amended. STI INSTITUTIONAL & GOVERNMENT, INC. By: _________________________ Name: Title: Attachment number 2 \nPage 20 of 32 Item # 25 Resolution No. 13-15 D-3 SCHEDULE I EXPENSES Attachment number 2 \nPage 21 of 32 Item # 25 Resolution No. 13-15 E-1 EXHIBIT E FORM OF ESCROW DEPOSIT AGREEMENT ESCROW DEPOSIT AGREEMENT This ESCROW DEPOSIT AGREEMENT, dated as of June 28, 2013, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (the "Issuer"), and U.S. Bank National Association., a national banking association organized under the laws of the United States of America, as Escrow Holder (the "Escrow Holder"); W I T N E S S E T H : WHEREAS, the Issuer has previously authorized and issued obligations of the Issuer as hereinafter set forth defined as the "Refunded Bonds", as to which the Aggregate Debt Service (as hereinafter defined) is set forth on Schedule A; and WHEREAS, the Issuer has determined to provide for payment of the Aggregate Debt Service of the Refunded Bonds by depositing with the Escrow Holder pursuant to the provisions hereof, cash and Federal Securities (as defined herein), the principal of and interest on which will be at least equal to the Aggregate Debt Service; and WHEREAS, in order to obtain the funds needed for such purpose, the Issuer has authorized and is, concurrently with the delivery of this Agreement, issuing the Series 2013 Bonds more fully described herein; and WHEREAS, the Issuer has determined that the amount to be on deposit from time to time in the Escrow Account, as defined herein, will be sufficient to pay the Aggregate Debt Service; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Issuer and the Escrow Holder agree as follows (provided however that the Escrow Holder in agreeing to the foregoing shall not be held or deemed responsible in any manner whatsoever for the recitals made herein or in the Ordinance, or the adequacy or sufficiency of the Escrow Requirement): Section 1. Definitions . As used herein, the following terms mean: (a) "Aggregate Debt Service" means, as of any date, the sum of all present and future Annual Debt Service payments then remaining unpaid with respect to the respective Series of the Refunded Bonds. (b) "Agreement" means this Escrow Deposit Agreement. (c) "Annual Debt Service" means, with respect to the redemption date for the Refunded Bonds, the principal of, premium, and interest on the respective Series of the Attachment number 2 \nPage 22 of 32 Item # 25 Resolution No. 13-15 E-2 Refunded Bonds coming due on the redemption date as shown on Schedule A attached hereto. (d) "Bonds" or "Series 2013 Bonds" means the Gas System Revenue Refunding Bonds, Series 2013 of the Issuer, authorized by the Ordinance, as herein defined. (e) "Call Date" shall have the meaning set forth in the Issuer's Irrevocable Instruction and Authorization to Redeem Bonds. (f) "Escrow Account" means the account established and held by the Escrow Holder pursuant to this Agreement, in which cash and investments will be held for payment of the Refunded Bonds. (g) "Escrow Holder" means U.S. Bank National Association, a national banking association organized under the laws of the United States of America. (h) "Escrow Requirement" means, as of any date of calculation, the sum of an amount in cash in the Escrow Account which will be sufficient to pay the Aggregate Debt Service. (i) "Federal Securities" means direct obligations of the United States of America and obligations the principal of or interest on which are fully guaranteed by the United States of America, none of which permit redemption prior to maturity at the option of the obligor. (j) "Irrevocable Instruction and Authorization to Redeem Bonds" means a certificate executed by the Issuer which provides for redemption of the Refunded Bonds on the Call Date, irrevocably instructs the Escrow Holder to give notice of such redemption and directs the paying agent for the Refunded Bonds to pay the Refunded Bonds and the interest thereon upon surrender thereof at maturity or on their Call Date, whichever is earlier. (k) "Issuer" means the City of Clearwater, Florida. (l) "Ordinance" means Ordinance No. 5118-91 enacted by the Issuer on August 15, 1991, as amended and supplemented in Ordinance 7423-05, enacted on April 21, 2005, as amended and supplemented. (m) "Paying Agent" shall mean the U.S. Bank National Association, Orlando, Florida, Paying Agent for the Refunded Bonds. (n) "Refunded Bonds" shall mean the Issuer’s Gas System Revenue Refunding Bonds, Series 2004 maturing on or after September 1, 2014. Section 2. Deposit of Funds . The Issuer hereby deposits $7,419,256.25 with the Escrow Holder in immediately available funds, to be held in irrevocable escrow by the Escrow Holder and applied solely as provided in this Agreement. The Issuer represents that: (a) Such funds are all derived as follows: (1) $_______________ from the net proceeds of the Bonds; and Attachment number 2 \nPage 23 of 32 Item # 25 Resolution No. 13-15 E-3 (2) $_______________ transferred from other legally available funds of the Issuer. (b) Such funds, when applied pursuant to Section 3 below, will at least equal the Escrow Requirement as of the date hereof. Section 3. Use and Investment of Funds . The Escrow Holder acknowledges receipt of $7,419,256.25 and agrees: (a) to hold the funds in irrevocable escrow during the term of this Agreement, and (b) to deposit the sum of $7,419,256.25, representing $___________ funds from the Issuer and $______________ from the proceeds of the Bonds, in the Escrow Account and to hold such monies in cash. Section 4. Payment of Refunded Bonds. (a) Refunded Bonds. On the redemption date for the Refunded Bonds, the Escrow Holder shall pay to the Paying Agent for the Refunded Bonds, from the cash on hand in the Escrow Account, a sum sufficient to pay the Annual Debt Service for the Refunded Bonds coming due on such date, as shown on Schedule A and as demonstrated on Schedule C hereto. (b) Surplus. On the last redemption date for the Refunded Bonds, after making the payments from the Escrow Account described in Subsection 4(a), the Escrow Holder shall pay to the Issuer any remaining cash in the Escrow Account in excess of the Escrow Requirement, to be used for any lawful purpose of the Issuer. (c) Priority of Payments. The holders of the Refunded Bonds shall have an express first lien on the funds in the Escrow Account until such funds are used and applied as provided in this Agreement. If the cash on hand in the Escrow Account is ever insufficient to make the payments required under Subsection 4(a), all of the payments required under Subsection 4(a) shall be made when due before any payments shall be made under Subsections 4(b). (d) Fees and Expenses of Escrow Holder. On the date hereof, the Escrow Holder acknowledges receipt of its fees to serve as Escrow Holder in the amount of $0.00 and agrees to invoice the Issuer for reimbursement of any out of pocket expenses incurred by the Escrow Holder in performing its services hereunder, and further acknowledges that the Escrow Holder does not have a lien on or claim against any funds held hereunder for reimbursement of such expenses. Section 5. Reinvestment . (a) Except as provided in this Section, the Escrow Holder shall have no power or duty to invest any funds held under this Agreement or to sell, transfer or otherwise dispose of or make substitutions of the Federal Securities held hereunder. Attachment number 2 \nPage 24 of 32 Item # 25 Resolution No. 13-15 E-4 (b) At the written request of the Issuer and upon compliance with the conditions hereinafter stated, the Escrow Holder shall purchase Federal Securities with cash held in the Escrow Account and hold for payment of the Refunded Bonds on the date of redemption, or to sell, transfer, otherwise dispose of or request the redemption of any of the Federal Securities acquired hereunder and shall either apply the proceeds thereof to the full discharge and satisfaction of the Refunded Bonds or substitute other Federal Securities for such Federal Securities. The Issuer will not request the Escrow Holder to exercise any of the powers described in the preceding sentence in any manner which would cause any Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue Code of 1986, as amended, and the Regulations thereunder. The transactions may be effected only if (i) an independent certified public accountant shall certify to the Escrow Holder that the cash and principal amount of Federal Securities to be so purchased or otherwise remaining on hand after the transactions are completed, together with the interest due thereon, will be not less than the Escrow Requirement, and (ii) the Escrow Holder shall receive an unqualified opinion from a nationally recognized bond counsel or tax counsel to the effect that the transactions will not cause such Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue Code of 1986, as amended, and the regulations thereunder in effect on the date of the transactions and applicable to transactions undertaken on such date. Section 6. No Redemption or Acceleration of Maturity . Except as provided in the Irrevocable Instruction and Authorization to Redeem Bonds, the Issuer will not accelerate the maturity or due date of the Refunded Bonds. Section 7. Responsibilities of Escrow Holder . The Escrow Holder and its respective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution and delivery of this Agreement, the establishment of the Escrow Account, the acceptance of the funds deposited therein, the purchase of the Federal Securities, the retention of the Federal Securities or the proceeds thereof or any payment, transfer or other application of money or securities by the Escrow Holder in any non-negligent act, non-negligent omission or non-negligent error of the Escrow Holder made in good faith in the conduct of its duties. The Escrow Holder shall, however, be liable to the Issuer for its negligent or willful acts, omissions or errors which violate or fail to comply with the terms of this Agreement. The duties and obligations of the Escrow Holder shall be determined by the express provisions of this Agreement. The Escrow Holder may consult with counsel, who may or may not be counsel to the Issuer, and in reliance upon the opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Holder shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the Issuer. The Escrow Holder has no duty to determine or inquire into the happening or occurrence of any event or contingency where the performance or the failure of performance of the Issuer with respect to arrangements or contracts with others, the Escrow Holder's sole duty and responsibility hereunder being to safeguard the Escrow Account and dispose of and deliver the same strictly in accordance with this Agreement. Section 8. Resignation of Escrow Holder. The Escrow Holder may resign and Attachment number 2 \nPage 25 of 32 Item # 25 Resolution No. 13-15 E-5 thereby become discharged from the duties and obligations hereby created, by notice in writing given to the Issuer and published once in a newspaper of general circulation published in the territorial limits of the Issuer, and in a daily newspaper of general circulation or a financial journal published or circulated in the Borough of Manhattan, City and State of New York, not less than sixty (60) days before such resignation shall take effect. Such resignation shall take effect immediately upon the appointment of a successor Escrow Holder hereunder and payments of all amounts due the resigning Escrow Holder. Section 9. Removal of Escrow Holder. (a) The Escrow Holder may be removed at any time by an instrument or concurrent instruments in writing, executed by the holders of not less than fifty-one per centum (51%) in aggregate principal amount of each series of Refunded Bonds then outstanding, such instruments to be filed with the Issuer, and notice in writing given by such holders to all of the registered holders of each series of the Refunded Bonds and published once in a newspaper of general circulation published in the territorial limits of the Issuer, and in a daily newspaper of general circulation or a financial journal published or circulated in the Borough of Manhattan, City and State of New York, not less than sixty (60) days before such removal is to take effect as stated in such instrument or instruments. A photographic copy of any instrument filed with the Issuer under the provisions of this paragraph shall be delivered by the Issuer to the Escrow Holder. (b) The Escrow Holder may also be removed at any time for any breach of trust or for acting or proceeding in violation of, or for failing to act or proceed in accordance with, any provisions of this Agreement with respect to the duties and obligations of the Escrow Holder, by the Issuer or by the holders of not less than [twenty-five per centum (25%)] in aggregate principal amount of each series of the Refunded Bonds then outstanding. (c) No such removal shall take effect until a successor Escrow Holder shall be appointed hereunder. Section 10. Successor Escrow Holder. (a) If at any time hereafter the Escrow Holder shall resign, be removed, be dissolved or otherwise become incapable of acting, or shall be taken over by any governmental official, agency, department or board, the position of Escrow Holder shall thereupon become vacant. If the position of Escrow Holder shall become vacant for any of the foregoing reasons or for any other reason, the Issuer shall appoint a successor Escrow Holder to fulfill the duties of Escrow Holder hereunder. The Issuer shall publish notice of any such appointment once in each week for four (4) successive weeks in a newspaper of general circulation published in the territorial limits of the Issuer and in a daily newspaper of general circulation or a financial journal published or circulated in the Borough of Manhattan, City and State of New York, and, before the second publication of such notice shall mail a copy thereof to the original purchaser or purchasers of the Refunded Bonds. (b) At any time within one year after such vacancy shall have occurred, the holders of a majority in principal amount of each series of Refunded Bonds then outstanding, by an instrument or concurrent instruments in writing, executed by all such bondholders and filed with Attachment number 2 \nPage 26 of 32 Item # 25 Resolution No. 13-15 E-6 the governing body of the Issuer, may appoint a successor Escrow Holder, which shall supersede any Escrow Holder theretofore appointed by the Issuer. Photographic copies of each such instrument shall be delivered promptly by the Issuer, to the predecessor Escrow Holder and to the Escrow Holder so appointed by the bondholders. (c) If no appointment of a successor Escrow Holder shall be made pursuant to the foregoing provisions of this section, the holder of any Refunded Bonds then outstanding, or any retiring Escrow Holder may apply to any court of competent jurisdiction to appoint a successor Escrow Holder. Such court may thereupon, after such notice, if any, as such court may deem proper and prescribe, appoint a successor Escrow Holder. Section 11. Term . This Agreement shall commence upon its execution and delivery and shall terminate when the Refunded Bonds have been paid and discharged in accordance herewith, and all amounts held by the Escrow Holder hereunder have been applied in accordance herewith. Section 12. Severability . If any one or more of the covenants or agreements provided in this Agreement on the part of the Issuer or the Escrow Holder to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreements herein contained shall be null and void and shall be severed from the remaining covenants and agreements and shall in no way affect the validity of the remaining provisions of this Agreement. Section 13. Counterparts . This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as duplicate originals and shall constitute and be but one and the same instrument. Section 14. Governing Law . This Agreement shall be construed under the laws of the State of Florida. Section 15. Security for Accounts and Funds . All accounts and funds maintained or held pursuant to this Agreement shall be continuously secured in the same manner as other deposits of municipal funds are required to be secured by the laws of Florida. [Remainder of page left intentionally blank] Attachment number 2 \nPage 27 of 32 Item # 25 Resolution No. 13-15 E-7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers and their official seals to be hereunto affixed as of the date first above written. THE CITY OF CLEARWATER, FLORIDA (SEAL) ______________________________ George N. Cretekos Mayor ATTEST: _____________________ _______________________________ Rosemarie Call Rod Irwin City Clerk Assistant City Manager Approved as to Form, Sufficiency and Correctness: ______________________________ Pamela K. Akin City Attorney Attachment number 2 \nPage 28 of 32 Item # 25 Resolution No. 13-15 E-8 U.S. BANK NATIONAL ASSOCIATION, as Escrow Holder By:_______________________ Vice President Attachment number 2 \nPage 29 of 32 Item # 25 Resolution No. 13-15 E-9 Schedule A (Aggregate Debt Service; Semi-Annual Debt Service; Annual Debt Service; Description of Refunded Bonds) Series 2004 Bonds Payment Date Principal Premium Interest Total Debt Service 09-01-2013 $7,270,000.00 $0.00 $149,256.25 $7,419,256.25 Attachment number 2 \nPage 30 of 32 Item # 25 Resolution No. 13-15 E-10 Schedule B (Federal Securities for Investment) NONE Attachment number 2 \nPage 31 of 32 Item # 25 Resolution No. 13-15 E-11 Schedule C Escrow Cash Flow Date Principal Interest Disbursements Cash Balance 06-28-2013 $7,419,256.25 09-01-2013 $7,270,000.00 $149,256.25 $7,419,256.25 0.00 Attachment number 2 \nPage 32 of 32 Item # 25 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Authorize the negotiated sale of not to exceed $11,605,000 Stormwater System Revenue Refunding Bonds, Series 2013; authorize staff to proceed with the advance refunding of the outstanding Stormwater System Revenue Bonds, Series 2004 and adopt Resolution 13-16. SUMMARY: Currently outstanding is $10,855,000 par value of Stormwater System Revenue Bonds, Series 2004, with maturities in years 2015 through 2032 and interest rates ranging from 3.625% to 4.75% that are callable on November 1, 2014. Current market conditions present an opportunity to advance refund these bonds to achieve a present value savings of approximately $980,000, or 9.0% of the refunded amount. The City's debt management policy states, "As a general rule, the present value savings of a particular refunding should exceed 5% (of the refunded amount)." In anticipation of the refunding, the City through its Financial Advisor, Stifel, Nicolaus and Company, Inc., issued a request for proposals (RFP) soliciting proposals from qualified investment companies to provide a bank loan source of funds, instead of the more traditional bond transaction for this refunding, which has resulted in a lower cost (greater savings) opportunity. A traditional bond sales transaction would have yielded an estimated 5.0% savings, or approximately $540,000 versus the current estimate of $980,000. The refunding will result in gross annual debt service savings of approximately $100,000 in years 2014 through 2032. This resolution authorizes the negotiated sale of not to exceed $11,605,000 par value of Stormwater System Revenue Refunding Bonds, Series 2013, at an interest rate of 2.98%, to STI Institutional and Government, Inc (a SunTrust company), the firm submitting the most favorable response to the RFP. Annual principal payments on the 2013 refunding bonds are due November 1, 2013 through 2032, the same term as the refunded bonds. The bonds are callable, without prepayment penalty, six years after the date of issuance. Type:Debt-Bond Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval:1) Official Records and Legislative Services Cover Memo Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) TABLE OF CONTENTS City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 Report Page Sources and Uses of Funds ............................1 Bond Pricing ..................................2 Bond Debt Service ................................3 Bond Summary Statistics .............................4 Summary of Bonds Refunded ...........................5 Prior Bond Debt Service ..............................6 Savings ....................................7 Summary of Refunding Results ...........................8 Escrow Requirements ..............................9 Escrow Descriptions ...............................10 Escrow Cost ..................................11 Escrow Cash Flow ................................12 Escrow Statistics ................................13 Escrow Sufficiency ................................14 Underwriter's Discount ..............................15 Cost of Issuance .................................16 Attachment number 1 \nPage 1 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) SOURCES AND USES OF FUNDS City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 Sources: Bond Proceeds: Par Amount 11,030,000.00 Other Sources of Funds: 2004 DSRF Transfer 488,543.75 2004 DSF Transfer 79,841.67 568,385.42 11,598,385.42 Uses: Refunding Escrow Deposits: Cash Deposit 890.87 Open Market Purchases 11,543,137.61 11,544,028.48 Delivery Date Expenses: Cost of Issuance 43,192.00 Underwriter's Discount 6,500.00 49,692.00 Other Uses of Funds: Additional Proceeds 4,664.94 11,598,385.42 Attachment number 1 \nPage 2 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) BOND PRICING City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 Maturity Bond Component Date Amount Rate Yield Price Serial Bond: 11/01/2013 15,000 2.980% 2.980% 100.000 11/01/2014 50,000 2.980% 2.980% 100.000 11/01/2015 480,000 2.980% 2.980% 100.000 11/01/2016 490,000 2.980% 2.980% 100.000 11/01/2017 505,000 2.980% 2.980% 100.000 11/01/2018 520,000 2.980% 2.980% 100.000 11/01/2019 535,000 2.980% 2.980% 100.000 11/01/2020 545,000 2.980% 2.980% 100.000 11/01/2021 560,000 2.980% 2.980% 100.000 11/01/2022 575,000 2.980% 2.980% 100.000 11/01/2023 590,000 2.980% 2.980% 100.000 11/01/2024 605,000 2.980% 2.980% 100.000 11/01/2025 625,000 2.980% 2.980% 100.000 11/01/2026 630,000 2.980% 2.980% 100.000 11/01/2027 650,000 2.980% 2.980% 100.000 11/01/2028 665,000 2.980% 2.980% 100.000 11/01/2029 690,000 2.980% 2.980% 100.000 11/01/2030 755,000 2.980% 2.980% 100.000 11/01/2031 765,000 2.980% 2.980% 100.000 11/01/2032 780,000 2.980% 2.980% 100.000 11,030,000 Dated Date 06/28/2013 Delivery Date 06/28/2013 First Coupon 11/01/2013 Par Amount 11,030,000.00 Original Issue Discount Production 11,030,000.00 100.000000% Underwriter's Discount (6,500.00) (0.058930%) Purchase Price 11,023,500.00 99.941070% Accrued Interest Net Proceeds 11,023,500.00 Attachment number 1 \nPage 3 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) BOND DEBT SERVICE City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 Period Ending Principal Coupon Interest Debt Service 11/01/2013 15,000 2.980% 112,303.78 127,303.78 11/01/2014 50,000 2.980% 328,247.00 378,247.00 11/01/2015 480,000 2.980% 326,757.00 806,757.00 11/01/2016 490,000 2.980% 312,453.00 802,453.00 11/01/2017 505,000 2.980% 297,851.00 802,851.00 11/01/2018 520,000 2.980% 282,802.00 802,802.00 11/01/2019 535,000 2.980% 267,306.00 802,306.00 11/01/2020 545,000 2.980% 251,363.00 796,363.00 11/01/2021 560,000 2.980% 235,122.00 795,122.00 11/01/2022 575,000 2.980% 218,434.00 793,434.00 11/01/2023 590,000 2.980% 201,299.00 791,299.00 11/01/2024 605,000 2.980% 183,717.00 788,717.00 11/01/2025 625,000 2.980% 165,688.00 790,688.00 11/01/2026 630,000 2.980% 147,063.00 777,063.00 11/01/2027 650,000 2.980% 128,289.00 778,289.00 11/01/2028 665,000 2.980% 108,919.00 773,919.00 11/01/2029 690,000 2.980% 89,102.00 779,102.00 11/01/2030 755,000 2.980% 68,540.00 823,540.00 11/01/2031 765,000 2.980% 46,041.00 811,041.00 11/01/2032 780,000 2.980% 23,244.00 803,244.00 11,030,000 3,794,540.78 14,824,540.78 Attachment number 1 \nPage 4 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) BOND SUMMARY STATISTICS City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 Dated Date 06/28/2013 Delivery Date 06/28/2013 Last Maturity 11/01/2032 Arbitrage Yield 2.980251% True Interest Cost (TIC) 2.986511% Net Interest Cost (NIC) 2.985105% All‐In TIC 3.028238% Average Coupon 2.980000% Average Life (years) 11.544 Duration of Issue (years) 9.556 Par Amount 11,030,000.00 Bond Proceeds 11,030,000.00 Total Interest 3,794,540.78 Net Interest 3,801,040.78 Total Debt Service 14,824,540.78 Maximum Annual Debt Service 823,540.00 Average Annual Debt Service 766,456.22 Underwriter's Fees (per $1000) Average Takedown Other Fee 0.589302 Total Underwriter's Discount 0.589302 Bid Price 99.941070 Par Average Average PV of 1 bp Bond Component Value Price Coupon Life change Serial Bond 11,030,000.00 100.000 2.980% 11.544 10,343.30 11,030,000.00 11.544 10,343.30 All‐In Arbitrage TIC TIC Yield Par Value 11,030,000.00 11,030,000.00 11,030,000.00 + Accrued Interest + Premium (Discount) ‐ Underwriter's Discount (6,500.00) (6,500.00) ‐ Cost of Issuance Expense (43,192.00) ‐ Other Amounts Target Value 11,023,500.00 10,980,308.00 11,030,000.00 Target Date 06/28/2013 06/28/2013 06/28/2013 Yield 2.986511% 3.028238% 2.980251% Attachment number 1 \nPage 5 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) SUMMARY OF BONDS REFUNDED City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 Maturity Interest Par Call Call Bond Date Rate Amount Date Price Stormwater System Revenue Bonds, Series 2004: SERIAL 11/01/2015 3.625% 430,000.00 11/01/2014 100.000 11/01/2016 3.750% 440,000.00 11/01/2014 100.000 11/01/2017 3.875% 455,000.00 11/01/2014 100.000 11/01/2018 4.000% 475,000.00 11/01/2014 100.000 11/01/2019 4.000% 490,000.00 11/01/2014 100.000 11/01/2020 4.125% 505,000.00 11/01/2014 100.000 11/01/2021 4.250% 525,000.00 11/01/2014 100.000 11/01/2022 4.250% 545,000.00 11/01/2014 100.000 11/01/2023 4.375% 565,000.00 11/01/2014 100.000 11/01/2024 4.500% 590,000.00 11/01/2014 100.000 11/01/2025 4.500% 620,000.00 11/01/2014 100.000 11/01/2026 4.625% 635,000.00 11/01/2014 100.000 11/01/2027 4.500% 665,000.00 11/01/2014 100.000 11/01/2028 4.750% 690,000.00 11/01/2014 100.000 11/01/2029 4.750% 725,000.00 11/01/2014 100.000 11/01/2030 4.750% 805,000.00 11/01/2014 100.000 11/01/2031 4.750% 830,000.00 11/01/2014 100.000 11/01/2032 4.750% 865,000.00 11/01/2014 100.000 10,855,000.00 Attachment number 1 \nPage 6 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) PRIOR BOND DEBT SERVICE City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 Period Annual Ending Principal Coupon Interest Debt Service Debt Service 11/01/2013 239,525.00 239,525.00 239,525.00 05/01/2014 239,525.00 239,525.00 11/01/2014 239,525.00 239,525.00 479,050.00 05/01/2015 239,525.00 239,525.00 11/01/2015 430,000 3.625% 239,525.00 669,525.00 909,050.00 05/01/2016 231,731.25 231,731.25 11/01/2016 440,000 3.750% 231,731.25 671,731.25 903,462.50 05/01/2017 223,481.25 223,481.25 11/01/2017 455,000 3.875% 223,481.25 678,481.25 901,962.50 05/01/2018 214,665.63 214,665.63 11/01/2018 475,000 4.000% 214,665.63 689,665.63 904,331.26 05/01/2019 205,165.63 205,165.63 11/01/2019 490,000 4.000% 205,165.63 695,165.63 900,331.26 05/01/2020 195,365.63 195,365.63 11/01/2020 505,000 4.125% 195,365.63 700,365.63 895,731.26 05/01/2021 184,950.00 184,950.00 11/01/2021 525,000 4.250% 184,950.00 709,950.00 894,900.00 05/01/2022 173,793.75 173,793.75 11/01/2022 545,000 4.250% 173,793.75 718,793.75 892,587.50 05/01/2023 162,212.50 162,212.50 11/01/2023 565,000 4.375% 162,212.50 727,212.50 889,425.00 05/01/2024 149,853.13 149,853.13 11/01/2024 590,000 4.500% 149,853.13 739,853.13 889,706.26 05/01/2025 136,578.13 136,578.13 11/01/2025 620,000 4.500% 136,578.13 756,578.13 893,156.26 05/01/2026 122,628.13 122,628.13 11/01/2026 635,000 4.625% 122,628.13 757,628.13 880,256.26 05/01/2027 107,943.75 107,943.75 11/01/2027 665,000 4.500% 107,943.75 772,943.75 880,887.50 05/01/2028 92,981.25 92,981.25 11/01/2028 690,000 4.750% 92,981.25 782,981.25 875,962.50 05/01/2029 76,593.75 76,593.75 11/01/2029 725,000 4.750% 76,593.75 801,593.75 878,187.50 05/01/2030 59,375.00 59,375.00 11/01/2030 805,000 4.750% 59,375.00 864,375.00 923,750.00 05/01/2031 40,256.25 40,256.25 11/01/2031 830,000 4.750% 40,256.25 870,256.25 910,512.50 05/01/2032 20,543.75 20,543.75 11/01/2032 865,000 4.750% 20,543.75 885,543.75 906,087.50 10,855,000 5,993,862.56 16,848,862.56 16,848,862.56 Attachment number 1 \nPage 7 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) SAVINGS City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 Present Value Prior Prior Prior Refunding to 06/28/2013 Date Debt Service Receipts Net Cash Flow Debt Service Savings @ 2.9802509% 11/01/2013 239,525.00 79,841.67 159,683.33 127,303.78 32,379.55 31,251.00 11/01/2014 479,050.00 479,050.00 378,247.00 100,803.00 97,960.34 11/01/2015 909,050.00 909,050.00 806,757.00 102,293.00 96,505.49 11/01/2016 903,462.50 903,462.50 802,453.00 101,009.50 92,521.07 11/01/2017 901,962.50 901,962.50 802,851.00 99,111.50 88,142.47 11/01/2018 904,331.26 904,331.26 802,802.00 101,529.26 87,621.11 11/01/2019 900,331.26 900,331.26 802,306.00 98,025.26 82,140.75 11/01/2020 895,731.26 895,731.26 796,363.00 99,368.26 80,805.29 11/01/2021 894,900.00 894,900.00 795,122.00 99,778.00 78,743.29 11/01/2022 892,587.50 892,587.50 793,434.00 99,153.50 75,942.47 11/01/2023 889,425.00 889,425.00 791,299.00 98,126.00 72,939.04 11/01/2024 889,706.26 889,706.26 788,717.00 100,989.26 72,822.03 11/01/2025 893,156.26 893,156.26 790,688.00 102,468.26 71,681.87 11/01/2026 880,256.26 880,256.26 777,063.00 103,193.26 70,034.39 11/01/2027 880,887.50 880,887.50 778,289.00 102,598.50 67,552.16 11/01/2028 875,962.50 875,962.50 773,919.00 102,043.50 65,180.59 11/01/2029 878,187.50 878,187.50 779,102.00 99,085.50 61,396.98 11/01/2030 923,750.00 923,750.00 823,540.00 100,210.00 60,218.63 11/01/2031 910,512.50 910,512.50 811,041.00 99,471.50 57,965.90 11/01/2032 906,087.50 906,087.50 803,244.00 102,843.50 58,109.12 16,848,862.56 79,841.67 16,769,020.89 14,824,540.78 1,944,480.11 1,469,533.98 Savings Summary PV of savings from cash flow 1,469,533.98 Less: Prior funds on hand (488,543.75) Plus: Refunding funds on hand 4,664.94 Net PV Savings 985,655.17 Attachment number 1 \nPage 8 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) SUMMARY OF REFUNDING RESULTS City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 Dated Date 06/28/2013 Delivery Date 06/28/2013 Arbitrage yield 2.980251% Escrow yield 0.198705% Bond Par Amount 11,030,000.00 True Interest Cost 2.986511% Net Interest Cost 2.985105% Average Coupon 2.980000% Average Life 11.544 Par amount of refunded bonds 10,855,000.00 Average coupon of refunded bonds 4.558672% Average life of refunded bonds 11.959 PV of prior debt to 06/28/2013 @ 2.980251% 12,579,375.65 Net PV Savings 985,655.17 Percentage savings of refunded bonds 9.080195% Attachment number 1 \nPage 9 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) ESCROW REQUIREMENTS City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 Period Principal Ending Interest Redeemed Total 11/01/2013 239,525.00 239,525.00 05/01/2014 239,525.00 239,525.00 11/01/2014 239,525.00 10,855,000.00 11,094,525.00 718,575.00 10,855,000.00 11,573,575.00 Attachment number 1 \nPage 10 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS)ESCROW DESCRIPTIONSCity of Clearwater, FloridaStormwater System Revenue Refunding Bonds, Series 2013Type of CUSIP Maturity Par Dated Interest Interest InterestSecurity or ID Date Amount Rate Yield Price Date Class Frequency Day BasisJun 28, 2013:TBill 912796BH1 10/31/2013 238,000 0.061% 99.979114 05/02/2013 Discount Semiannual ACT/360TSTRIP‐I 912834BD9 03/31/2014 239,000 0.195% 99.853000 Zero Coupon Semiannual ACT/ACTTNote 912828LS7 10/31/2014 10,714,000 2.375% 0.199% 102.909674 Periodic Semiannual ACT/ACT11,191,000Attachment number 1 \nPage 11 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) ESCROW COST City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 Type of Maturity Par Accrued Total Security Date Amount Rate Yield Price Cost Interest Cost TBill 10/31/2013 238,000 0.061% 99.979114 237,950.29 237,950.29 TSTRIP‐I 03/31/2014 239,000 0.195% 99.853000 238,648.67 238,648.67 TNote 10/31/2014 10,714,000 2.375% 0.199% 102.909674 11,025,742.47 40,796.18 11,066,538.65 11,191,000 11,502,341.43 40,796.18 11,543,137.61 Purchase Cost of Cash Total Date Securities Deposit Escrow Cost 06/28/2013 11,543,137.61 890.87 11,544,028.48 11,543,137.61 890.87 11,544,028.48 Attachment number 1 \nPage 12 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) ESCROW CASH FLOW City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 Net Escrow Date Principal Interest Receipts 11/01/2013 238,000.00 127,228.75 365,228.75 05/01/2014 239,000.00 127,228.75 366,228.75 11/01/2014 10,714,000.00 127,228.75 10,841,228.75 11,191,000.00 381,686.25 11,572,686.25 Escrow Cost Summary Purchase date 06/28/2013 Purchase cost of securities 11,543,137.61 Attachment number 1 \nPage 13 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS)ESCROW STATISTICSCity of Clearwater, FloridaStormwater System Revenue Refunding Bonds, Series 2013Modified Yield to Yield to Perfect Value ofTotal Duration Receipt Disbursement Escrow Negative Cost ofEscrow Escrow Cost (years) Date Date Cost Arbitrage Dead TimePrior Bonds:ESCROW 568,385.42 0.674 0.167294% 0.158761% 557,225.65 10,556.02 603.75Global Proceeds Escrow:10,975,643.05 1.323 0.198705% 0.196150% 10,576,334.30 393,850.32 5,458.4311,544,028.47 11,133,559.95 404,406.34 6,062.18Delivery date 06/28/2013Arbitrage yield 2.980251% Attachment number 1 \nPage 14 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) ESCROW SUFFICIENCY City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 Escrow Net Escrow Excess Excess Date Requirement Receipts Receipts Balance 11/01/2013 239,525.00 366,119.62 126,594.62 126,594.62 05/01/2014 239,525.00 366,228.75 126,703.75 253,298.37 11/01/2014 11,094,525.00 10,841,228.75 (253,296.25) 2.12 11,573,575.00 11,573,577.12 2.12 Attachment number 1 \nPage 15 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) UNDERWRITER'S DISCOUNT City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 Underwriter's Discount $/1000 Amount Bank Counsel Fee 0.58930 6,500.00 0.58930 6,500.00 Attachment number 1 \nPage 16 of 17 Item # 26 Jun 3, 2013 11:02 am Prepared by Stifel Nicolaus & Company, Inc. (MJS) COST OF ISSUANCE City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 Cost of Issuance $/1000 Amount Financial Advisor Fee 1.81324 20,000.00 Finanical Advisor Expenses 0.02267 250.00 Bond Counsel Fee 1.40000 15,442.00 Bond Counsel Expenses 0.13599 1,500.00 Escrow Agent 0.09066 1,000.00 Verification Agent 0.09066 1,000.00 Escrow Bidding Agent 0.36265 4,000.00 3.91587 43,192.00 Attachment number 1 \nPage 17 of 17 Item # 26 Resolution No. 13-16 RESOLUTION NO. 13-16 A RESOLUTION AUTHORIZING THE NEGOTIATED SALE OF NOT TO EXCEED $11,605,000 CITY OF CLEARWATER, FLORIDA, STORMWATER SYSTEM REVENUE REFUNDING BONDS, SERIES 2013; AWARDING THE SALE THEREOF TO STI INSTITUTIONAL & GOVERNMENT, INC., SUBJECT TO THE TERMS AND CONDITIONS OF A COMMITMENT LETTER; APPOINTING AN ESCROW AGENT; APPOINTING AN ESCROW BIDDING AGENT; APPOINTING A VERIFICATION AGENT; APPOINTING A PAYING AGENT AND REGISTRAR; APPROVING THE FORM OF ESCROW DEPOSIT AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE ISSUANCE AND DELIVERY OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 15, 1999, the City Commission of the City of Clearwater, Florida (the "City" or the "Issuer") enacted Ordinance No. 6378-99 (the "Original Ordinance") to provide for the issuance of bonds payable from Net Revenues of the Stormwater System (as defined therein); and WHEREAS, on July 18, 2002, the City enacted Ordinance No. 6931-02 (the "2002 Ordinance") as amended by Ordinance No. 8419-13 enacted on June 6, 2013 (the “2013 Ordinance” and, together with the Original Ordinance and the 2002 Ordinance, collectively, the "Bond Ordinance") which authorized the issuance of the City of Clearwater, Florida, Stormwater System Revenue [Refunding] Bonds, Series [to be determined], as Additional Parity Obligations under the Original Ordinance; and WHEREAS, the City by this Resolution intends to provide for the issuance of not to exceed $11,605,000 City of Clearwater, Florida Stormwater System Revenue Refunding Bonds, Series 2013 (the "Series 2013 Bonds") as Additional Parity Obligations to refund a portion of the City's outstanding Stormwater System Revenue Bonds, Series 2004 (the "Refunded Bonds"); and WHEREAS, it is in the best interest of the City to provide for the negotiated sale of not to exceed $11,605,000 of Series 2013 Bonds; and WHEREAS, the Issuer issued a request for proposals ("RFP") to banking and other institutions on April 16, 2013, and received responses thereto on May 16, 2013; and WHEREAS, the Issuer now desires to approve the issuance of its Series 2013 Bonds, to sell its Series 2013 Bonds pursuant to the RFP to STI Institutional & Government, Inc. (“STI”), the respondent who provided the most favorable response to the RFP, and to take certain other actions in connection with the issuance and sale of the Series 2013 Bonds; and WHEREAS, the Issuer will be provided all applicable disclosure information by STI as required by Section 218.385, Florida Statutes; and WHEREAS, this resolution shall constitute a supplemental resolution under the terms of the Bond Ordinance, and all capitalized undefined terms used herein shall have the meanings set forth in the Bond Ordinance; Attachment number 2 \nPage 1 of 29 Item # 26 Resolution No. 13-16 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1. This Resolution is adopted pursuant to the provisions of Article VIII, Section 2 of the Constitution of the State of Florida, Chapter 166, Florida Statutes, the Charter of the City of Clearwater, Florida, the Bond Ordinance and other applicable provisions of law. A series of the Stormwater System Revenue Refunding Bonds authorized by the Bond Ordinance is hereby authorized to be issued in a principal amount of not to exceed $11,605,000 pursuant to this Resolution, with such bonds hereby designated as Series 2013 (the "Series 2013 Bonds"). The Series 2013 Bonds authorized by this Resolution are hereby authorized to be issued as Additional Parity Obligations under the Bond Ordinance. The issuance of not to exceed $11,605,000 of the Series 2013 Bonds by the City is hereby approved upon the terms and conditions set forth in the Bond Ordinance and this Resolution. The refunding of the City’s Stormwater System Revenue Bonds, Series 2004 maturing on and after November 1, 2015 (the “Refunded Bonds”), with a redemption date of November 1, 2014 is hereby authorized, to be paid in part with the proceeds of the Series 2013 Bonds herein authorized. The City Manager, or in his absence an Assistant City Manager, and Finance Director are hereby authorized and directed to provide irrevocable directions to defease and redeem the Refunded Bonds. The provisions of the Bond Ordinance shall be fully applicable to the Series 2013 Bonds and all of the covenants contained in the Bond Ordinance shall be applicable to the Series 2013 Bonds. For purposes hereof, the City acknowledges that the provisions of Section 21 of the Original Ordinance respecting the rights of a Bond Insurer to exercise the rights of a bondholder apply only as to the bonds insured by such Bond Insurer and shall not be applicable to the Series 2013 Bonds as the Series 2013 Bonds are not insured by a Bond Insurer. SECTION 2. It is in the best interest of the Issuer and the residents and inhabitants thereof that the Series 2013 Bonds be issued as fully certificated bonds to STI. SECTION 3. Due to the present instability in the market for revenue obligations, the critical importance of the timing of the sale of the Bonds and due to the willingness of STI to purchase the Series 2013 Bonds at rates favorable to the Issuer, it is hereby determined that it is in the best interest of the public and the Issuer to sell the Series 2013 Bonds at a negotiated sale. The Issuer has received an offer from STI to purchase the Series 2013 Bonds, subject to the terms and conditions set forth in STI's Commitment (the "STI Commitment") dated May 15, 2013, attached hereto as Exhibit A and incorporated herein by reference, which Bank Proposal is hereby accepted by the City. The Series 2013 Bonds are hereby sold and awarded to STI in accordance with the STI Commitment at the price of par, and the Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absence an Assistant City Manager, are hereby authorized to execute and deliver the Series 2013 Bonds substantially in the form attached hereto as Exhibit B attested by the City Clerk and approved as to form and legal sufficiency by the City Attorney, receive the purchase price therefor and apply the proceeds thereof to the refunding of the Refunded Bonds as provided herein, without further authority from this body. The Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absence an Assistant City Manager, are authorized Attachment number 2 \nPage 2 of 29 Item # 26 Resolution No. 13-16 3 to make any and all changes on the form of the Series 2013 Bonds which shall be necessary to conform the same to the STI Commitment. Execution of the Bond by the Mayor, or in his absence the Vice-Mayor, and the City Manager, or in his absence an Assistant City Manager, shall be conclusive evidence of their approval of the form of the Series 2013 Bonds. The Bonds shall be payable solely as provided herein. Prior to purchase of the Series 2013 Bonds, STI shall execute a Purchaser's Certificate attached hereto as Exhibit C. The disclosure letter as required by Chapter 218, Florida Statutes is attached hereto as Exhibit D. In connection with the transfer of a Series 2013 Bond to a subsequent holder except for an affiliate of STI, such successor holder shall deliver to the City a Purchaser’s Certificate substantially in the form attached hereto as Exhibit C prior to such Series 2013 Bond being registered in the name of such successor holder. For purposes of this provision "affiliate" shall mean, as to any person, any other person that directly, or indirectly through one or more intermediaries, Controls, is Controlled by, or is under common Control with, such person. For the purposes of this definition, "Control" shall mean the power, directly or indirectly, either to (i) vote 5% or more of the securities having ordinary voting power for the election of directors (or persons performing similar functions) of a person or (ii) direct or cause the direction of the management and policies of a person, whether through the ability to exercise voting power, by control or otherwise. The terms "Controlled by" and "under common Control with" have the meanings correlative thereto. SECTION 4. The Series 2013 Bonds shall be issued in fully registered form; shall be dated as of their date of initial issuance; shall be numbered; shall be in a single denomination equal to the principal amount thereof; shall mature on September 1, 2032; shall bear interest at the rate of 2.98%, subject to the provision of Section 10 hereof; and such interest to be payable semi-annually on the first (1st) day of each May and November, commencing on November 1, 2013. Interest shall be calculated on the basis of a 360 day year consisting of twelve 30 day months. On the date of the issuance of the Bonds, the Issuer shall receive the proceeds thereof and deposit same in accordance with the Escrow Deposit Agreement. The Series 2013 Bonds shall be subject to optional redemption in whole but not in part, upon two Business Days prior written notice, on any date prior to their maturity date commencing with the sixth (6th) anniversary of the dated date of the Series 2013 Bonds at a redemption price equal to the principal amount being redeemed together with interest accrued to the date of redemption. The Series 2013 Bonds are subject to Amortization Installments in part prior to maturity at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to the redemption date beginning on November 1, 2013 and on each November 1 thereafter in the following principal amounts in the years specified: Date Principal Amount Date Principal Amount 2013 2023 2014 2024 2015 2025 2016 2026 2017 2027 2018 2028 2019 2029 2020 2030 Attachment number 2 \nPage 3 of 29 Item # 26 Resolution No. 13-16 4 2021 2031 2022 2032 Notwithstanding the foregoing, for so long as the Series 2013 Bonds are owned by STI, (i) the principal of, redemption price and interest on the Series 2013 Bonds shall be payable to STI on the respective principal and interest payment dates through ACH direct transfer to STI, and upon transfer of the Series 2013 Bonds to a subsequent holder, at such address as is provided by such subsequent holder in writing to the Issuer without presentation of the Series 2013 Bonds, and (ii) in the event of a conflict between the terms of the Series 2013 Bonds or this Resolution and the STI Commitment, the terms and conditions of the STI Commitment shall control. SECTION 5. The Series 2013 Bonds shall be issued under and secured by the Bond Ordinance and shall be executed and delivered by the Mayor, or in his absence the Vice-Mayor, the City Manager, or in his absence an Assistant City Manager, and the City Clerk upon the approval of the City Attorney as to form and legal sufficiency, in substantially the form set forth in the Bond Ordinance and Exhibit B hereto, with such additional changes and insertions therein as conform to the provisions of the STI Commitment and such execution and delivery shall be conclusive evidence of the approval thereof by such officers. SECTION 6. U.S. Bank, National Association, is hereby designated and authorized to serve as Escrow Agent for the Series 2013 Bonds. The Escrow Deposit Agreement is to be in substantially the form set forth in Exhibit E attached hereto, together with such changes as shall be approved by the Mayor, or in his absence the Vice-Mayor, the City Manager, or in his absence an Assistant City Manager, such approval to be conclusively evidenced by their execution thereof. The execution of the Escrow Deposit Agreement is hereby approved, and the execution of the Escrow Deposit Agreement by the Mayor, or in his absence the Vice- Mayor, the City Manager, or in his absence an Assistant City Manager, is hereby authorized, to be attested by the City Clerk, the form of which to be approved by the City Attorney. At the time of execution of the Escrow Deposit Agreement, the City shall furnish to the Escrow Agent named therein appropriate documentation to demonstrate that the sums being deposited and the investments to be made will be sufficient for such purposes. SECTION 7. GNP Services, CPA, PA, is hereby appointed as the Verification Agent for the defeasance of the Refunded Bonds. SECTION 8. The City’s Finance Director is hereby appointed to serve as the Paying Agent and Registrar for the Series 2013 Bonds. SECTION 9. Causey Demgen & Moore, PC, is hereby appointed as the Escrow Bidding Agent for the defeasance of the Refunded Bonds. SECTION 10. The interest payable on the Series 2013 Bonds shall be subject to adjustment in accordance with the following provisions: "Default Rate" shall mean a rate per annum equal to the lesser of the maximum rate permitted by law or 18%. Attachment number 2 \nPage 4 of 29 Item # 26 Resolution No. 13-16 5 "Determination of Taxability" means a final decree or judgment of any Federal court or a final action of the Internal Revenue Service determining that interest paid or payable on the Series 2013 Bonds is or was includable in the gross income of a Bondholder for Federal income tax purposes; provided, that no such decree, judgment, or action will be considered final for this purpose, however, unless the City has been given written notice and, if it is so desired and is legally allowed, has been afforded the opportunity to contest the same, either directly or in the name of any Bondholder, and until the conclusion of any appellate review, if sought. “Interest Rate” shall mean a per annum rate equal to 2.98%, prior to a Determination of Taxability or an Event of Default, calculated on the basis of a 360 day year consisting of twelve 30 day months. "Taxable Period" shall mean the period of time between (a) the date that interest on the Series 2013 Bonds is deemed to be includable in the gross income of the Holder thereof for federal income tax purposes as a result of a Determination of Taxability, and (b) the date of the Determination of Taxability. "Taxable Rate" shall mean, upon a Determination of Taxability, the interest rate per annum that shall provide the Holder with the same after tax yield that the Holder would have otherwise received had the Determination of Taxability not occurred, taking into account the increased taxable income of the Holder as a result of such Determination of Taxability. The Holder shall provide the City with a written statement explaining the calculation of the Taxable Rate, which statement shall, in the absence of manifest error, be conclusive and binding on the City. The Issuer shall pay interest upon the unpaid principal balance of the Series 2013 Bonds at the Interest Rate, subject to adjustment as provided herein. Upon a Determination of Taxability, the Interest Rate shall be the Taxable Rate as hereinafter provided, and upon and during the continuance of an Event of Default (notwithstanding that a Determination of Taxability has also occurred) the Interest Rate shall equal the Default Rate. If the Interest Rate on the Series 2013 Bonds is changed due to a Determination of Taxability, the Interest Rate shall equal the Taxable Rate for the Taxable Period. Upon the occurrence of a Determination of Taxability and for as long as the Series 2013 Bonds remains outstanding, the Interest Rate on the Series 2013 Bonds shall be converted to the Taxable Rate. In addition, upon a Determination of Taxability, the Issuer shall pay to the Holder (i) an additional amount equal to the difference between (A) the amount of interest actually paid on the Series 2013 Bonds during the Taxable Period and (B) the amount of interest that would have been paid during the Taxable Period had the Series 2013 Bonds borne interest at the Taxable Rate, and (ii) an amount equal to any interest, penalties on overdue interest and additions to tax (as referred to in Subchapter A of Chapter 68 of the Code) owed by the Holder as a result of the Determination of Taxability. This adjustment shall survive payment of the Series 2013 Bonds until such time as the federal statute of limitations under which the interest on the Series 2013 Bonds could be declared taxable under the Code shall have expired. SECTION 11. For purposes hereof, the Reserve Requirement (as defined in the Bond Ordinance) for the Series 2013 Bonds shall be $0.00, and the Series 2013 Bonds shall not be Attachment number 2 \nPage 5 of 29 Item # 26 Resolution No. 13-16 6 entitled to any security provided by any monies on deposit in the Reserve Account. SECTION 12. The City agrees with the holder of the Series 2013 Bonds to not change or amend the covenants set forth in Section 20 of the Original Ordinance in a manner that would adversely affect the rights and interests of the holder of the Series 2013 Bonds without the consent of such holder. SECTION 13. All prior resolutions of the Issuer inconsistent with the provisions of this resolution are hereby modified, supplemented and amended to conform with the provisions herein contained and except as otherwise modified, supplemented and amended hereby shall remain in full force and effect. SECTION 14. The Mayor, or in his absence the Vice-Mayor, the City Manager, or in his absence an Assistant City Manager, the Finance Director, the City Attorney and the City Clerk or any other appropriate officers of the Issuer are hereby authorized and directed to execute any and all certifications or other instruments or documents required by the Resolution, the STI Commitment, the Escrow Deposit Agreement or any other document referred to above as a prerequisite or precondition to the issuance of the Series 2013 Bonds and any such representa- tion made therein shall be deemed to be made on behalf of the Issuer. In the event both the Mayor and the Vice-Mayor are unable to execute the documents related to the Series 2013 Bonds, then any other member of the City Council shall be authorized to execute such documents with the full force and effect as if the Mayor or the Vice-Mayor had executed same. All action taken to date by the officers of the Issuer in furtherance of the issuance of the Series 2013 Bonds is hereby approved, confirmed and ratified. SECTION 15. The proceeds received from the delivery of the Series 2013 Bonds, together with any other monies lawfully available therefor, shall be applied by the City simultaneously with the delivery of the Series 2013 Bonds to STI, as follows: (i) to the extent not paid from legally available funds of the City, an amount which shall pay the costs and expenses associated with the issuance of the Series 2013 Bonds; and (ii) a sum specified in the Escrow Agreement that shall be sufficient, taking into account other legally available moneys of the City, if any, to pay the principal of, interest on and redemption premium, if any, on the Refunded Bonds, shall be deposited into the escrow account created under the Escrow Agreement (the "Escrow Account"). Simultaneously with the delivery of the Series 2013 Bonds, the City is authorized to transfer or cause to be transferred to the Escrow Account, moneys, if any, accumulated in any sinking and/or reserve funds which were intended to be used to pay debt service on the Refunded Bonds. The proceeds of the Series 2013 Bonds shall be and constitute trust funds for the purposes hereinafter provided and there is hereby created a lien upon such monies, until so applied, in favor of the Holders of the Series 2013 Bonds. Attachment number 2 \nPage 6 of 29 Item # 26 Resolution No. 13-16 7 SECTION 16. The City will submit to STI the City’s annual financial statements within 270 days of the end of each fiscal year, together with any other information STI may reasonably request. SECTION 17. To the extent permitted by law, the City knowingly, voluntarily, and intentionally waives any right it may have to a trial by jury, with respect to any litigation or legal proceedings based on or arising out of this Resolution or the Series 2013 Bonds, including any course of conduct, course of dealings, verbal or written statement or actions or omissions of any party which in any way relates to the Series 2013 Bonds or this Resolution. SECTION 18. The substantive laws of the State of Florida shall govern this Agreement. The parties hereto submit to the jurisdiction of Florida courts and agree that venue for any suit concerning this Resolution shall be in Pinellas County, Florida. SECTION 19. This Resolution shall become effective immediately upon its adoption. Passed and adopted by the City Council of the City of Clearwater, Florida, this 19th day of June, 2013. CITY OF CLEARWATER, FLORIDA By: __________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ ________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 2 \nPage 7 of 29 Item # 26 Resolution No. 13-16 A-1 EXHIBIT A STI COMMITMENT LETTER Attachment number 2 \nPage 8 of 29 Item # 26 Resolution No. 13-16 B-1 EXHIBIT B FORM OF SERIES 2013 BOND EXCEPT AS OTHERWISE PROVIDED IN RESOLUTION NO. 13-16 (THE “RESOLUTION”), ANY OWNER SHALL, PRIOR TO BECOMING A HOLDER, EXECUTE A PURCHASER'S CERTIFICATE IN THE FORM ATTACHED TO THE RESOLUTION CERTIFYING, AMONG OTHER THINGS, THAT SUCH HOLDER IS AN "ACCREDITED INVESTOR" AS SUCH TERM IS DEFINED IN THE SECURITIES ACT OF 1933, AS AMENDED, AND REGULATION D THEREUNDER. No. R-1 $__________ UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER STORMWATER SYSTEM REVENUE REFUNDING BOND, SERIES 2013 Interest Rate Maturity Date Dated Date CUSIP 2.98% November 1, 2032 June 28, 2013 N/A Registered Owner: STI INSTITUTIONAL & GOVERNMENT, INC. Principal Amount: _____________________________ and No/100 Dollars KNOW ALL MEN BY THESE PRESENTS that the City of Clearwater Florida (the "Issuer" or the "City"), for value received, promises to pay to the order of the Registered Owner identified above or registered assigns, on the Maturity Date identified above, the Principal Amount shown above solely from the revenues hereinafter mentioned and to pay solely from such revenues, interest on said sum from the date of this Bond or from the most recent interest payment date to which interest has been paid, at the Interest Rate per annum set forth above (as adjusted from time to time as hereinafter provided) until the payment of such Principal Amount, such interest being payable on November 1, 2013 and semiannually thereafter on May 1 and November 1 of each year. The principal of and premium, if any, on this Bond on the final amortization date or earlier date of redemption in full are payable upon presentation and surrender hereof on the date fixed for final maturity or earlier redemption at the principal office of the Finance Director of the City of Clearwater, Florida (the "Paying Agent") in Clearwater, Florida, or at the office designated for such payment of any successor thereof. The principal of and interest on this Bond when due and payable, shall be paid through ACH direct transfer to the Registered Owner, and upon transfer of the Series 2013 Bonds to a subsequent holder, by check or draft mailed to, or through ACH direct transfer to, the person in whose name this Bond is registered at such address as is provided by such subsequent holder in writing to the City without presentation (except upon final maturity or earlier redemption in full) of the Series 2013 Bonds as reflected on the books and records of the Bond Registrar, at the close of business on the 15th day of the month (whether or not a business day) next preceding the interest payment Attachment number 2 \nPage 9 of 29 Item # 26 Resolution No. 13-16 B-2 date (the "Record Date"), irrespective of any transfer of this Bond subsequent to such Record Date and prior to such interest payment date, unless the Issuer shall be in default in payment of interest due on such interest payment date. In the event of any such default, such defaulted interest shall be payable to the person in whose name such Bond is registered at the close of business on a special record date for the payment of defaulted interest as established by notice mailed by the Registrar to the Registered Owner not less than fifteen days preceding such special record date. Such notice shall be mailed to the person in whose name such Bond is registered at the close of business on the fifth (5th) day preceding the date of mailing. All amounts due hereunder shall be payable in any coin or currency of the United States of America, which is, at the time of payment, legal tender for the payment of public or private debts. The interest payable on the Series 2013 Bonds shall be subject to adjustment in accordance with the following provisions: "Default Rate" shall mean a rate per annum equal to the lesser of the maximum rate permitted by law or 18%. "Determination of Taxability" means a final decree or judgment of any Federal court or a final action of the Internal Revenue Service determining that interest paid or payable on the Series 2013 Bonds is or was includable in the gross income of a Bondholder for Federal income tax purposes; provided, that no such decree, judgment, or action will be considered final for this purpose, however, unless the City has been given written notice and, if it is so desired and is legally allowed, has been afforded the opportunity to contest the same, either directly or in the name of any Bondholder, and until the conclusion of any appellate review, if sought. “Interest Rate” shall mean a per annum rate equal to 2.98%, prior to a Determination of Taxability or an Event of Default, calculated on the basis of a 360 day year consisting of twelve 30 day months. "Taxable Period" shall mean the period of time between (a) the date that interest on the Series 2013 Bonds is deemed to be includable in the gross income of the Holder thereof for federal income tax purposes as a result of a Determination of Taxability, and (b) the date of the Determination of Taxability. "Taxable Rate" shall mean, upon a Determination of Taxability, the interest rate per annum that shall provide the Holder with the same after tax yield that the Holder would have otherwise received had the Determination of Taxability not occurred, taking into account the increased taxable income of the Holder as a result of such Determination of Taxability. The Holder shall provide the City with a written statement explaining the calculation of the Taxable Rate, which statement shall, in the absence of manifest error, be conclusive and binding on the City. The Issuer shall pay interest upon the unpaid principal balance of the Series 2013 Bonds at the Interest Rate, subject to adjustment as provided herein. Upon a Determination of Taxability, the Interest Rate shall be the Taxable Rate as hereinafter provided, and upon and during the continuance of an Event of Default (notwithstanding that a Determination of Taxability has also occurred) the Interest Rate shall equal the Default Rate. Attachment number 2 \nPage 10 of 29 Item # 26 Resolution No. 13-16 B-3 If the Interest Rate on the Series 2013 Bonds is changed due to a Determination of Taxability, the Interest Rate shall equal the Taxable Rate for the Taxable Period. Upon the occurrence of a Determination of Taxability and for as long as the Series 2013 Bonds remains outstanding, the Interest Rate on the Series 2013 Bonds shall be converted to the Taxable Rate. In addition, upon a Determination of Taxability, the Issuer shall pay to the Holder (i) an additional amount equal to the difference between (A) the amount of interest actually paid on the Series 2013 Bonds during the Taxable Period and (B) the amount of interest that would have been paid during the Taxable Period had the Series 2013 Bonds borne interest at the Taxable Rate, and (ii) an amount equal to any interest, penalties on overdue interest and additions to tax (as referred to in Subchapter A of Chapter 68 of the Code) owed by the Holder as a result of the Determination of Taxability. This adjustment shall survive payment of the Series 2013 Bonds until such time as the federal statute of limitations under which the interest on the Series 2013 Bonds could be declared taxable under the Code shall have expired. This Bond is one of an authorized issue of Bonds in the aggregate principal amount of $_________ issued in a single principal amount, to (a) advance refund a portion of the outstanding principal amount of the City's Stormwater System Revenue Bonds, Series 2004, and (b) pay a portion of the costs of issuing the Bonds, all in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 166, Part II, Florida Statutes, and Ordinance No. 6378-99, enacted by the City Council of the City on April 15, 1999, as amended and supplemented by Ordinance No. 6931-02, enacted on July 18, 2002 and Ordinance No. 8419-13 enacted on June 6, 2013, and as further supplemented by Resolution No. 13-16, adopted on June 19, 2013 (collectively, the "Ordinance"), and is subject to all the terms and conditions of the Ordinance. All capitalized undefined terms used herein shall have the meanings set forth in the Ordinance. This Bond is payable solely from and secured by a pledge of the Net Revenues of the System levied and collected by the City and the moneys in certain funds and accounts created pursuant to the Ordinance, with the exception of the Rebate Fund (collectively, the "Pledged Revenues"), in the manner provided in the Ordinance. Reference is made to the Ordinance for more complete definition and description of the System and the Pledged Revenues. The lien of the Bonds on the Net Revenues is on a parity with the holders of the unrefunded portion of the City’s outstanding Stormwater System Revenue Bonds, Series 2004, the City's Stormwater System Revenue Refunding Bonds, Series 2005 and the City’s outstanding Stormwater System Revenue Bonds, Series 2012. The Series 2013 Bonds shall be subject to optional redemption in whole but not in part, upon two Business Days prior written notice, on any date prior to their maturity date commencing with the sixth (6th) anniversary of the dated date of the Series 2013 Bonds at a redemption price equal to the principal amount being redeemed together with interest accrued to the date of redemption. Attachment number 2 \nPage 11 of 29 Item # 26 Resolution No. 13-16 B-4 The Series 2013 Bonds are subject to Amortization Installments in part prior to maturity at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to the redemption date beginning on November 1, 2013 and on each November 1 thereafter in the following principal amounts in the years specified: Date Principal Amount Date Principal Amount 2013 2023 2014 2024 2015 2025 2016 2026 2017 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 This Bond does not constitute a general indebtedness of the Issuer within the meaning of any constitutional, statutory or charter provision or limitation, and it is expressly agreed by the Holder of this Bond that such Bondholder shall never have the right to require or compel the exercise of the ad valorem taxing power of the Issuer or taxation of any real or personal property therein for the payment of the principal of and interest on this Bond or the making of any debt service fund, reserve or other payments provided for in the Ordinance. It is further agreed between the Issuer and the Holder of this Bond that this Bond and the indebtedness evidenced thereby shall not constitute a lien upon the System, or any part thereof, or on any other property of or in the City, but shall constitute a lien only on the Pledged Revenues all in the manner provided in the Ordinance. The Issuer has covenanted, in the Ordinance, to fix, establish, revise from time to time whenever necessary, maintain and collect always such fees, rentals and other charges for the services of the System which will always provide Gross Revenues in each Fiscal Year sufficient to pay the Cost of Operation and Maintenance of the System in such Fiscal Year one hundred fifteen percent (115%) of the Bond Service Requirement becoming due in such year on the Outstanding Bonds. Such rates, fees, rentals or other charges shall not be reduced so as to render them insufficient to provide Gross Revenues for the purposes provided therefore by the Ordinance. The Issuer has entered into certain further covenants with the Holders of the Bonds of this issue for the terms of which reference is made to the Ordinance. It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and Statutes of the State of Florida. If the date for payment of the principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the Paying Agent is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. Attachment number 2 \nPage 12 of 29 Item # 26 Resolution No. 13-16 B-5 This Bond is and has all the qualities and incidents of a negotiable instrument under Article 8 of the Uniform Commercial Code, the State of Florida, Chapter 678, Florida Statutes. The transfer of this Bond is registerable by the Bondholder hereof in person or by his attorney or legal representative at the principal corporate trust office of the Registrar but only in the manner and subject to the conditions provided in the Ordinance and upon surrender and cancellation of this Bond. IN WITNESS WHEREOF, the City of Clearwater, Florida, has issued this Bond and has caused the same to be signed by its Mayor and City Manager or an Assistant City Manager and countersigned and attested to by its Clerk and approved as to form, sufficiency and correctness by the City Attorney (the signatures of the Mayor, the City Manager, the City Attorney and the City Clerk being authorized to be facsimiles of such officers' signatures), and its seal or facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, all as of the Dated Date. CITY OF CLEARWATER, FLORIDA (SEAL) ______________________________ Mayor ______________________________ [Assistant] City Manager ATTESTED AND COUNTERSIGNED: ___________________________ City Clerk Approved as to form and legal sufficiency: ___________________________ City Attorney Attachment number 2 \nPage 13 of 29 Item # 26 Resolution No. 13-16 B-6 ASSIGNMENT AND TRANSFER FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto ________________________(Please insert Social Security or other identifying number of assignee) ____________the attached Bond of the City of Clearwater, Florida, and does hereby constitute and appoint ___________________, attorney, to transfer the said Bond on the books kept for registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed by: [member firm of the New York Stock Exchange or a commercial bank or a trust company.] By: Title: NOTICE: No transfer will be registered and no new Bonds will be issued in the name of the Transferee, unless the signature to this assignment corresponds the name as it appears upon the face of the within Bond in particular, without alteration or enlargement or any change whatever and the Social Security or Federal Employer Identification Number of the Transferee is supplied. Attachment number 2 \nPage 14 of 29 Item # 26 Resolution No. 13-16 C-1 EXHIBIT C FORM OF PURCHASER CERTIFICATE Mayor and City Council City of Clearwater Clearwater, Florida Ladies and Gentlemen: This Certificate is being executed and delivered by the undersigned as purchaser (the "Purchaser") to the City of Clearwater, Florida (the "City"), in connection with the issuance, sale and delivery of the City's Stormwater System Revenue Refunding Bonds, Series 2013 (the "Bonds") to the Purchaser, in accordance with the terms of the Purchaser's Commitment Letter to the City dated May 15, 2013, being issued pursuant to Ordinance No. 6378-99 (the "Original Ordinance"), and Ordinance No. 6931-02 (the "2002 Ordinance") and Ordinance No. 8419-13 (the “2013 Ordinance”, and, together with the Original Ordinance and the 2002 Ordinance, collectively, the "Bond Ordinance") and Resolution No. 13-16 (the "Resolution") for the purpose of refunding a portion of the City's Stormwater System Revenue Bonds, Series 2004 (the "Refunded Bonds"). Terms defined in the Resolution are used in this letter with the meanings assigned to them in the Bond Ordinance and the Resolution. The undersigned hereby represents, warrants and agrees to and with the City that: 1. The Purchaser is an accredited investor as such term is defined in the Securities Act of 1933, as amended, and Regulation D issued pursuant thereto, a principal part of whose business consists of buying securities such as the Bonds. 2. The Purchaser has received copies of the Bond Ordinance and the Resolution and certain of the other documents or instruments being delivered in connection with the issuance of the Bonds, and said documents are in form and substance satisfactory to the Purchaser and its counsel. 3. The Purchaser has conducted its own investigations, to the extent it deems satisfactory or sufficient into matters relating to the business, properties, management, and financial position and results of operations of the City. 4. The Purchaser understands that the Bonds are not registered under the Securities Act of 1933, as amended. The Purchaser is purchasing the Bonds for its own account for investment and not with a view to, and with no present intention of, distributing or reselling the Bonds or any portion thereof, providing that the Purchaser reserves the right to transfer any or all of the Bonds purchased or any interest therein at any time and in our sole discretion and, in the event that we so transfer Bonds, we assume the responsibility for complying with any applicable federal and state securities laws. Attachment number 2 \nPage 15 of 29 Item # 26 Resolution No. 13-16 C-2 The Purchaser understands and agrees that the foregoing representations will be relied upon by the City in the issuance of the Bonds. Very truly yours, STI INSTITUTIONAL & GOVERNMENT, INC., as Purchaser By: _________________________________ Name: Title: Attachment number 2 \nPage 16 of 29 Item # 26 Resolution No. 13-16 D-1 EXHIBIT D FORM OF DISCLOSURE LETTER Mayor and City Council City of Clearwater Clearwater, Florida Ladies and Gentlemen: 1. An itemized list setting forth the nature and estimated amounts of expenses to be incurred by STI Institutional & Government, Inc., as the original purchaser (the “Purchaser") in connection with the issuance of $_____________ in aggregate principal amount of the City of Clearwater, Florida Stormwater System Refunding Revenue Bonds, Series 2013 (the "Bonds") is attached as Schedule I hereto. 2. No compensation was paid to any finders, as defined in Section 218.386, Florida Statutes, as amended, in connection with the issuance of the Bonds. 3. Underwriting fees in the amount of $0.00 are expected to be realized in the sale of the Bonds. 4. The Bonds are being placed with the Purchaser, as the original purchaser thereof, and no management fee is being charged. 5. No other fee, bonus or other compensation is to be paid by the Purchaser in connection with the Bond issue to any person not regularly employed or retained by them, except for compensation of $________ to Holland & Knight, in its capacity as counsel to the Purchaser, which amount is being paid by the City. 6. There were no underwriters involved in the placement of the Bonds to the Purchaser. 7. (a) The City is proposing to issue $__________ aggregate principal amount of debt or obligations for the purpose of refunding the City's Stormwater System Revenue Bonds, Series 2004. This debt or obligation is expected to be repaid over a period of 19.3 years. At a forecasted true interest cost rate of 2.98%, total interest paid over the life of the debt or obligation will be $_______________________. (b) The source of repayment for this issue is the Stormwater System Revenues of the City. Authorizing this debt will result in approximately $____________ of such revenues of the City not being available to finance other services of the City each year for 19.3 years. Attachment number 2 \nPage 17 of 29 Item # 26 Resolution No. 13-16 D-2 We understand that you do not require any further disclosure from the Purchaser, pursuant to Section 218.385, Florida Statutes, as amended. STI INSTITUTIONAL & GOVERNMENT, INC. By: _________________________ Name: Title: Attachment number 2 \nPage 18 of 29 Item # 26 Resolution No. 13-16 D-3 SCHEDULE I EXPENSES Attachment number 2 \nPage 19 of 29 Item # 26 Resolution No. 13-16 E-1 EXHIBIT E FORM OF ESCROW DEPOSIT AGREEMENT ESCROW DEPOSIT AGREEMENT This ESCROW DEPOSIT AGREEMENT, dated as of June 28, 2013, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (the "Issuer"), and U.S. Bank National Association., a national banking association organized under the laws of the United States of America, as Escrow Holder (the "Escrow Holder"); W I T N E S S E T H : WHEREAS, the Issuer has previously authorized and issued obligations of the Issuer as hereinafter set forth defined as the "Refunded Bonds", as to which the Aggregate Debt Service (as hereinafter defined) is set forth on Schedule A; and WHEREAS, the Issuer has determined to provide for payment of the Aggregate Debt Service of the Refunded Bonds by depositing with the Escrow Holder pursuant to the provisions hereof, cash and Federal Securities (as defined herein), the principal of and interest on which will be at least equal to the Aggregate Debt Service; and WHEREAS, in order to obtain the funds needed for such purpose, the Issuer has authorized and is, concurrently with the delivery of this Agreement, issuing the Series 2013 Bonds more fully described herein; and WHEREAS, the Issuer has determined that the amount to be on deposit from time to time in the Escrow Account, as defined herein, will be sufficient to pay the Aggregate Debt Service; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Issuer and the Escrow Holder agree as follows (provided however that the Escrow Holder in agreeing to the foregoing shall not be held or deemed responsible in any manner whatsoever for the recitals made herein or in the Ordinance, or the adequacy or sufficiency of the Escrow Requirement): Section 1. Definitions. As used herein, the following terms mean: (a) "Aggregate Debt Service" means, as of any date, the sum of all present and future Annual Debt Service payments then remaining unpaid with respect to the respective Series of the Refunded Bonds. (b) "Agreement" means this Escrow Deposit Agreement. (c) "Annual Debt Service" means, with respect to the redemption date for the Refunded Bonds, the principal of, premium, and interest on the respective Series of the Attachment number 2 \nPage 20 of 29 Item # 26 Resolution No. 13-16 E-2 Refunded Bonds coming due on the redemption date as shown on Schedule A attached hereto. (d) "Bonds" or "Series 2013 Bonds" means the Stormwater System Revenue Refunding Bonds, Series 2013 of the Issuer, authorized by the Ordinance, as herein defined. (e) "Call Date" shall have the meaning set forth in the Issuer's Irrevocable Instruction and Authorization to Redeem Bonds. (f) "Escrow Account" means the account established and held by the Escrow Holder pursuant to this Agreement, in which cash and investments will be held for payment of the Refunded Bonds. (g) "Escrow Holder" means U.S. Bank National Association, a national banking association organized under the laws of the United States of America. (h) "Escrow Requirement" means, as of any date of calculation, the sum of an amount in cash and principal amount of Federal Securities in the Escrow Account which, together with the interest due on the Federal Securities, will be sufficient to pay, as the installments thereof become due, the Aggregate Debt Service. (i) "Federal Securities" means direct obligations of the United States of America and obligations the principal of or interest on which are fully guaranteed by the United States of America, none of which permit redemption prior to maturity at the option of the obligor. (j) "Irrevocable Instruction and Authorization to Redeem Bonds" means a certificate executed by the Issuer which provides for redemption of certain of the Refunded Bonds on the Call Date, irrevocably instructs the Escrow Holder to give notice of such redemption and directs the paying agent for the Refunded Bonds to pay the Refunded Bonds and the interest thereon upon surrender thereof at maturity or on their Call Date, whichever is earlier. (k) "Issuer" means the City of Clearwater, Florida. (l) "Ordinance" means Ordinance No. 6378-99 enacted by the Issuer on April 15, 1999, as amended and supplemented in Ordinance 6931-02, enacted on July 18, 2002, as amended and supplemented in Ordinance No. 8419-13, enacted on June 6, 2013. (m) "Paying Agent" shall mean the U.S. Bank National Association, Orlando, Florida, Paying Agent for the Refunded Bonds. (n) "Refunded Bonds" shall mean the Issuer’s Stormwater System Revenue Bonds, Series 2004, maturing on or after November 1, 2015. Section 2. Deposit of Funds. The Issuer hereby deposits $______________ with the Escrow Holder in immediately available funds, to be held in irrevocable escrow by the Escrow Holder and applied solely as provided in this Agreement. The Issuer represents that: (a) Such funds are all derived as follows: Attachment number 2 \nPage 21 of 29 Item # 26 Resolution No. 13-16 E-3 (1) $_______________ from the net proceeds of the Bonds; and (2) $_______________ transferred from other legally available funds of the Issuer. (b) Such funds, when applied pursuant to Section 3 below, will at least equal the Escrow Requirement as of the date hereof. Section 3. Use and Investment of Funds. The Escrow Holder acknowledges receipt of $_______________ and agrees: (a) to hold the funds in irrevocable escrow during the term of this Agreement, (b) to deposit the sum of $____________ of funds from the Debt Service Fund, $________ of funds from the Debt Service Reserve Fund for the Refunded Bonds and $_______________ from the proceeds of the Bonds, in cash from the amount received by the Issuer in the Escrow Account, and, hold such funds in cash until the November 1, 2014 redemption date of the outstanding Refunded Bonds unless the Escrow Holder receives the direction from the Issuer described in clause (c) below. (c) The Escrow Holder shall invest the moneys held in the Escrow Account upon written direction of the Issuer accompanied by (1) a list of the Federal Securities to be purchased, (2) a report of an independent certified accountant verifying the sufficiency of the receipts from the Federal Securities will be sufficient to redeem the Refunded Bonds on November 1, 2014, and (3) an opinion of Bond Counsel to the effect that such investment will not materially adversely affect the exclusion of the interest on the Series 2013 Bonds from income for purposes of federal income taxation. Section 4. Payment of Refunded Bonds. (a) Refunded Bonds. On the redemption date for the Refunded Bonds, the Escrow Holder shall pay to the Paying Agent for the Refunded Bonds, from the cash on hand in the Escrow Account, a sum sufficient to pay the Annual Debt Service for the respective series of Refunded Bonds coming due on such date, as shown on Schedule A and as demonstrated on Schedule C hereto. (b) Surplus. On the last redemption date for the Refunded Bonds, after making the payments from the Escrow Account described in Subsection 4(a), the Escrow Holder shall pay to the Issuer any remaining cash in the Escrow Account in excess of the Escrow Requirement, to be used for any lawful purpose of the Issuer. (c) Priority of Payments. The holders of the Refunded Bonds shall have an express first lien on the funds in the Escrow Account until such funds are used and applied as provided in this Agreement. If the cash on hand in the Escrow Account is ever insufficient to make the payments required under Subsection 4(a), all of the payments required under Subsection 4(a) shall be made when due before any payments shall be made under Subsections 4(b). (d) Fees and Expenses of Escrow Holder. On the date hereof, the Escrow Holder Attachment number 2 \nPage 22 of 29 Item # 26 Resolution No. 13-16 E-4 acknowledges receipt of its fees to serve as Escrow Holder in the amount of $1,000 and agrees to invoice the Issuer for reimbursement of any out of pocket expenses incurred by the Escrow Holder in performing its services hereunder, and further acknowledges that the Escrow Holder does not have a lien on or claim against any funds held hereunder for reimbursement of such expenses. Section 5. Reinvestment. (a) Except as provided in this Section, the Escrow Holder shall have no power or duty to invest any funds held under this Agreement or to sell, transfer or otherwise dispose of or make substitutions of the Federal Securities held hereunder. (b) At the written request of the Issuer and upon compliance with the conditions hereinafter stated, the Escrow Holder shall sell, transfer, otherwise dispose of or request the redemption of any of the Federal Securities acquired hereunder and shall either apply the proceeds thereof to the full discharge and satisfaction of the Refunded Bonds or substitute other Federal Securities for such Federal Securities. The Issuer will not request the Escrow Holder to exercise any of the powers described in the preceding sentence in any manner which would cause any Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue Code of 1986, as amended, and the Regulations thereunder. The transactions may be effected only if (i) an independent certified public accountant shall certify to the Escrow Holder that the cash and principal amount of Federal Securities remaining on hand after the transactions are completed, together with the interest due thereon, will be not less than the Escrow Requirement, and (ii) the Escrow Holder shall receive an unqualified opinion from a nationally recognized bond counsel or tax counsel to the effect that the transactions will not cause such Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue Code of 1986, as amended, and the regulations thereunder in effect on the date of the transactions and applicable to transactions undertaken on such date. Section 6. No Redemption or Acceleration of Maturity. Except as provided in the Irrevocable Instruction and Authorization to Redeem Bonds, the Issuer will not accelerate the maturity or due date of the Refunded Bonds. Section 7. Responsibilities of Escrow Holder. The Escrow Holder and its respective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution and delivery of this Agreement, the establishment of the Escrow Account, the acceptance of the funds deposited therein, the purchase of the Federal Securities, the retention of the Federal Securities or the proceeds thereof or any payment, transfer or other application of money or securities by the Escrow Holder in any non-negligent act, non-negligent omission or non-negligent error of the Escrow Holder made in good faith in the conduct of its duties. The Escrow Holder shall, however, be liable to the Issuer for its negligent or willful acts, omissions or errors which violate or fail to comply with the terms of this Agreement. The duties and obligations of the Escrow Holder shall be determined by the express provisions of this Agreement. The Escrow Holder may consult with counsel, who may or may not be counsel to the Issuer, and in reliance upon the opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Holder shall deem it necessary or desirable that a matter be proved or established prior to Attachment number 2 \nPage 23 of 29 Item # 26 Resolution No. 13-16 E-5 taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the Issuer. The Escrow Holder has no duty to determine or inquire into the happening or occurrence of any event or contingency where the performance or the failure of performance of the Issuer with respect to arrangements or contracts with others, the Escrow Holder's sole duty and responsibility hereunder being to safeguard the Escrow Account and dispose of and deliver the same strictly in accordance with this Agreement. Section 8. Resignation of Escrow Holder. The Escrow Holder may resign and thereby become discharged from the duties and obligations hereby created, by notice in writing given to the Issuer and published once in a newspaper of general circulation published in the territorial limits of the Issuer, and in a daily newspaper of general circulation or a financial journal published or circulated in the Borough of Manhattan, City and State of New York, not less than sixty (60) days before such resignation shall take effect. Such resignation shall take effect immediately upon the appointment of a successor Escrow Holder hereunder and payments of all amounts due the resigning Escrow Holder. Section 9. Removal of Escrow Holder. (a) The Escrow Holder may be removed at any time by an instrument or concurrent instruments in writing, executed by the holders of not less than fifty-one per centum (51%) in aggregate principal amount of each series of Refunded Bonds then outstanding, such instruments to be filed with the Issuer, and notice in writing given by such holders to all of the registered holders of each series of the Refunded Bonds and published once in a newspaper of general circulation published in the territorial limits of the Issuer, and in a daily newspaper of general circulation or a financial journal published or circulated in the Borough of Manhattan, City and State of New York, not less than sixty (60) days before such removal is to take effect as stated in such instrument or instruments. A photographic copy of any instrument filed with the Issuer under the provisions of this paragraph shall be delivered by the Issuer to the Escrow Holder. (b) The Escrow Holder may also be removed at any time for any breach of trust or for acting or proceeding in violation of, or for failing to act or proceed in accordance with, any provisions of this Agreement with respect to the duties and obligations of the Escrow Holder, by the Issuer or by the holders of not less than twenty-five per centum (25%) in aggregate principal amount of each series of the Refunded Bonds then outstanding. (c) No such removal shall take effect until a successor Escrow Holder shall be appointed hereunder. Section 10. Successor Escrow Holder. (a) If at any time hereafter the Escrow Holder shall resign, be removed, be dissolved or otherwise become incapable of acting, or shall be taken over by any governmental official, agency, department or board, the position of Escrow Holder shall thereupon become vacant. If the position of Escrow Holder shall become vacant for any of the foregoing reasons or for any other reason, the Issuer shall appoint a successor Escrow Holder to fulfill the duties of Escrow Attachment number 2 \nPage 24 of 29 Item # 26 Resolution No. 13-16 E-6 Holder hereunder. The Issuer shall publish notice of any such appointment once in each week for four (4) successive weeks in a newspaper of general circulation published in the territorial limits of the Issuer and in a daily newspaper of general circulation or a financial journal published or circulated in the Borough of Manhattan, City and State of New York, and, before the second publication of such notice shall mail a copy thereof to the original purchaser or purchasers of the Refunded Bonds. (b) At any time within one year after such vacancy shall have occurred, the holders of a majority in principal amount of each series of Refunded Bonds then outstanding, by an instrument or concurrent instruments in writing, executed by all such bondholders and filed with the governing body of the Issuer, may appoint a successor Escrow Holder, which shall supersede any Escrow Holder theretofore appointed by the Issuer. Photographic copies of each such instrument shall be delivered promptly by the Issuer, to the predecessor Escrow Holder and to the Escrow Holder so appointed by the bondholders. (c) If no appointment of a successor Escrow Holder shall be made pursuant to the foregoing provisions of this section, the holder of any Refunded Bonds then outstanding, or any retiring Escrow Holder may apply to any court of competent jurisdiction to appoint a successor Escrow Holder. Such court may thereupon, after such notice, if any, as such court may deem proper and prescribe, appoint a successor Escrow Holder. Section 11. Term. This Agreement shall commence upon its execution and delivery and shall terminate when the Refunded Bonds have been paid and discharged in accordance herewith, and all amounts held by the Escrow Holder hereunder have been applied in accordance herewith. Section 12. Severability. If any one or more of the covenants or agreements provided in this Agreement on the part of the Issuer or the Escrow Holder to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreements herein contained shall be null and void and shall be severed from the remaining covenants and agreements and shall in no way affect the validity of the remaining provisions of this Agreement. Section 13. Counterparts. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as duplicate originals and shall constitute and be but one and the same instrument. Section 14. Governing Law. This Agreement shall be construed under the laws of the State of Florida. Section 15. Security for Accounts and Funds. All accounts and funds maintained or held pursuant to this Agreement shall be continuously secured in the same manner as other deposits of municipal funds are required to be secured by the laws of Florida. Attachment number 2 \nPage 25 of 29 Item # 26 Resolution No. 13-16 E-7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers and their official seals to be hereunto affixed as of the date first above written. THE CITY OF CLEARWATER, FLORIDA (SEAL) ______________________________ George N. Cretekos Mayor ATTEST: _____________________ _______________________________ Rosemarie Call Rod Irwin City Clerk Assistant City Manager Approved as to Form, Sufficiency and Correctness: ______________________________ Pamela K. Akin City Attorney U.S. BANK NATIONAL ASSOCIATION, as Escrow Holder By:_______________________ Vice President Attachment number 2 \nPage 26 of 29 Item # 26 Resolution No. 13-16 E-8 Schedule A (Aggregate Debt Service; Semi-Annual Debt Service; Annual Debt Service; Description of Refunded Bonds) Series 2004 Bonds Payment Date Principal Premium Interest Total Debt Service 11-01-2013 $0.00 $0.00 $239,525.00 $ 239,525.00 05-01-2014 0.00 0.00 239,525.00 239,525.00 11-01-2014 $10,885,000.00 $0.00 $239,525.00 $11,094,525.00 Attachment number 2 \nPage 27 of 29 Item # 26 Resolution No. 13-16 E-9 Schedule B (Federal Securities for Investment) [TO BE PROVIDED] Attachment number 2 \nPage 28 of 29 Item # 26 Resolution No. 13-16 E-10 Schedule C Escrow Cash Flow Date Principal Interest Disbursements Cash Balance 06-28-2013 $ 11-01-2013 $ $ $ 05-01-2014 11-01-2014 Attachment number 2 \nPage 29 of 29 Item # 26 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve two Subordination of City Utility Interests agreements subordinating City easements in favor of the State of Florida Department of Transportation; adopt Resolution 13-17; and authorize appropriate officials to execute same SUMMARY: The State of Florida Department of Transportation (FDOT) is underway with a project to resurface a portion of Drew Street, a State Road. In support of the project, FDOT has acquired easements for the construction and maintenance of sidewalks. FDOT has requested that the City subordinate two existing City easements located within the new FDOT easements. One of the City easements is for the installation and maintenance of a traffic signal pole on the northwest corner of Drew Street and Martin Luther King, Jr. Avenue. The other City easement is for the installation and maintenance of a sidewalk on the southeast corner of Drew Street and Jefferson Avenue. The City easements will remain in effect, however the City’s rights under these easements will be subject to FDOT’s rights. The City Engineering Department has no objection to the request. Review Approval:1) Official Records and Legislative Services Cover Memo Item # 27 Resolution No. 13-17 RESOLUTION NO. 13-17 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, SUBORDINATING TWO CITY EASEMENTS IN FAVOR OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 590, Section 15050-XXXX, in Pinellas County, Florida; and WHEREAS, it is necessary that certain easement rights now owned by the City of Clearwater, Florida, be subordinated to the rights of the State of Florida Department of Transportation to accommodate said improvements; and WHEREAS, said subordination is in the best interest of the City as State Road No. 590 lies within the City; and WHEREAS, the State of Florida Department of Transportation has made application to the City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interests, in favor of the State of Florida Department of Transportation, and said request having been duly considered; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the application of the State of Florida Department of Transportation for a subordination of utility interests is for transportation purposes which are in the public or community interest and for public welfare. Section 2. That the two Subordination of Utility Interests (attached hereto and incorporated herein as Exhibit “A”), in favor of the State of Florida Department of Transportation, in the City of Clearwater, Florida, shall be drawn and executed by this City Council. Section 3. That a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 11201 N. Malcolm McKinley Drive, Tampa, Florida 33612. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2013. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 1 of 1 Item # 27 Attachment number 2 \nPage 1 of 10 Item # 27 Attachment number 2 \nPage 2 of 10 Item # 27 Attachment number 2 \nPage 3 of 10 Item # 27 Attachment number 2 \nPage 4 of 10 Item # 27 Attachment number 2 \nPage 5 of 10 Item # 27 Attachment number 2 \nPage 6 of 10 Item # 27 Attachment number 2 \nPage 7 of 10 Item # 27 Attachment number 2 \nPage 8 of 10 Item # 27 Attachment number 2 \nPage 9 of 10 Item # 27 Attachment number 2 \nPage 10 of 10 Item # 27 DREW ST GROVE ST CLEVELAND ST JACKSON RD N LINCOLN AVENE CLEVELAND STN MADISON AVEN MISSOURI AVEN MARTIN LUTHER KING, JR. AVEN JEFFERSON AVEN WASHINGTON AVEHART ST PLAZA ST LINCOLN AVELAURA ST JONES ST PARK ST S MADISON AVES MISSOURI AVES WASHINGTON AVEBROWNS CT N JEFFERSON AVEN MISSOURI AVESUBORDINATION LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Easements to be Subordinated ^ JB MK N.T.S.278A 10-29s-15w06/04/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: EASEMENT SUB TO F.D.O.T. ^ Easements to be Subordinated Document Path: V:\GIS\Engineering\Location Maps\Easement Sub to FDOT.mxd Attachment number 3 \nPage 1 of 3 Item # 27 DREW ST N LINCOLN AVE N MISSOURI AVE N JEFFERSON AVE N LINCOLN AVE N JEFFERSON AVE 101 110 100 112 114 120 118 210 212 116 217 215 119 213214 113 216219 109 111 114 124 218 107 205 120012041208121012091223122212051213121712271231122612191218122912121201122512211211120312141221122212201214122111941210122112241221120712151202Traf11921 inch = 100 feet FDOT EASEMENT ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM CHL 287B 15-29s-15e5/17/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date: Subordinate Easement @ SE Corner ofS.R. 590 (Drew St) and N. Jefferson Ave. Location Map O.R. 4401-215 3' Sidewalk Easement O.R. 4401/215 Attachment number 3 \nPage 2 of 3 Item # 27 DREW ST GROVE ST JONES ST N MARTIN LUTHER KING, JR. AVE N WASHINGTON AVE 131 100 219 206 300 301 215 123 125 127 117 121 129 303 304 206 305 113 204 116 115 217 301 216 200 119 208 10311101100310111007100910131009110011211008112710161006 1112111911181108110410101012112210021108100611231011112411251105101610081001101111141012111011091115111610211014100210101112 101210071103100610041106215Traf 1104 1/2307 100011281 inch = 100 feet²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM CHL 278A 10-29s-15e5/17/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date: Subordinate Easement @ NW Corner ofS.R. 590 (Drew St) and N. Martin Luther King Jr. Ave. Location Map O.R. 5938-784 FDOT EASEMENT Utility Easement O.R. 5938/784 Attachment number 3 \nPage 3 of 3 Item # 27 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve the Post-Disaster Redevelopment Plan (PDRP) and adopt Resolution 13-08. SUMMARY: As a coastal community, the City of Clearwater remains vulnerable to a number of regularly occurring natural disasters. To decrease vulnerability and increase resiliency the City is adding another tool to its mitigation and recovery toolbox, the Post-Disaster Redevelopment Plan (PDRP). The PDRP is a document that guides City decision making affecting long-term recovery and redevelopment following a disaster. This Plan does not address immediate disaster response and emergency operations, which are already outlined by the City’s Comprehensive Emergency Management Plan (CEMP). During the disaster response and emergency operations phases, the City will work as a partner with Pinellas County, which will serve as the lead local entity in coordinating with the Federal Emergency Management Agency (FEMA). This Plan is intended to address Clearwater’s unique context while avoiding duplication with Pinellas County’s PDRP. Some issues, and subsequent actions that address those issues, are better addressed on a countywide scale. For these actions, the City will work as a partner with the County. This Plan was created through a coordinated effort among city staff, with communication with Pinellas County staff. It does not set forth new city policies but contains next steps that direct City staff to implement previously adopted city policies and to conduct research that may lead to future policy changes. Any proposed actions that might result in or require changes in city policy must first engage Clearwater community members in the decision- making process and then request approval from the appropriate legislative authority, the City Council. The PDRP is organized into seven chapters: Chapter 1 Introduction (Plan pages 1-2): This Chapter sets the stage for the rest of the Plan by outlining the purpose and objective of the Plan, the authority for developing the Plan, describing the planning process and how to use the plan, and lastly by noting plan assumptions and applicability. Chapter 2 Local Plans Integration and Capacity Assessment (pages 3-18): This chapter examines existing local documents that guide the four overlapping phases of the disaster cycle: pre-disaster planning, emergency response, short-term recovery and long-term recovery and redevelopment. A total of 17 documents are examined, including the City’s Comprehensive Plan and the countywide Local Mitigation Strategy. For each document a description of its contents, listing of applicable disaster phases, listing of provisions that apply to disaster planning and its relationship to the PDRP are outlined. An institutional capacity, or gap analysis, is then conducted outlining the City’s capacity for carrying out long-term recovery and redevelopment in three topic areas: planning and regulatory capacity, administrative and technical capacity, and fiscal capacity. The chapter concludes by outlining recommendations for improving capacity. Cover Memo Item # 28 Chapter 3 Vulnerability Analysis (pages 19-26): This chapter details vulnerability analyses that were previously conducted in the City’s Floodplain Management Plan, the City’s Comprehensive Emergency Management Plan (CEMP), and the countywide Local Mitigation Strategy (LMS). For each document’s vulnerability analysis a summary, key findings and conclusions are outlined in the chapter. The chapter concludes by outlining vulnerability analyses that should be completed by City staff to expand understanding of Clearwater’s vulnerability so future updates to the PDRP can more fully address current gaps in analysis. If a priority, the analyses can be included in the Long Range Planning Division’s work program. Chapter 4 Issues (pages 27-52): This chapter discusses a myriad of issues outlined by Post-Disaster Redevelopment Planning: A Guide for Florida Communities, which is a document jointly produced at the State level by the Florida Department of Community Affairs (now the Department of Economic Opportunity) and the Florida Division of Emergency Management. The Guide is divided according to six topic areas: Housing, Infrastructure and Public Facilities, Environment, Economic Redevelopment, Land Use and Health and Social Services. Each issue in the Guide is assigned a category: Minimum (suggested to be undertaken first), Recommended (suggested to be undertaken if resources are available) and Advanced (suggested once a community has a solid foundation for hazard mitigation and disaster recovery—these are best practices). The chapter includes a brief description of each issue, how the issue is currently being addressed in Clearwater, and steps forward to ensure the issue is adequately addressed. These are all summarized in a table at the end of the chapter. Chapter 5 Plan Goals (pages 53-54): This chapter contains five goals and five strategies. Plan Goals: 1. Housing and Structural Repairs: Facilitate permissible reconstruction in a timely manner while decreasing the vulnerability of structures to future disasters. 2. Infrastructure and Public Facility Recovery: Restore utilities and repair infrastructure efficiently, while considering mitigation in long-term redevelopment of infrastructure to ensure that public investments minimize future damage. 3. Environmental Restoration: Protect and enhance natural resources to mitigate future disasters. 4. Economic Resumption: Assist businesses in adequately preparing for a disaster and enhance their ability to recover from a disaster. 5. Land Use and Development: Facilitate redevelopment in a timely manner, while seizing opportunities for mitigation. Plan Strategies: 1. Streamline Permitting 2. Get Back to Business 3. Decrease Vulnerability 4. Continue Implementation of City of Clearwater Guiding Documents 5. Continue Intergovernmental Coordination The chapter also describes the Action Plan, which is contained in Appendix C. The Action Plan implements the goals and strategies outlined above. Some actions need to take place during the pre- disaster phase, while others apply only after a disaster strikes. The Action Plan is not an exhaustive list, but a working document that can be updated as needed. Completed actions that do not need to be implemented after every disaster can be taken off the list and included in an appendix in future updates as a record of accomplishments. Not all five goals need all five strategies outlined in the chapter to be fully achieved. While some goals need all the strategies, others may only need three of the five to accomplish the overall goal. Chapter 6 Communication Plan (pages 55-62): This chapter examines the City’s current ability to communicate both externally and internally. It then goes on to outline how the public can be included in implementing the PDRP, both before and after a disaster. Chapter 7 Plan Implementation and Maintenance (pages 63-66): This chapter details how the Action Plan will be implemented and how the entire PDRP will be maintained. Cover Memo Item # 28 The PDRP also includes four appendices as described below. o Appendix A – Coastal Resilience Index (Plan pages 67-68): Contains the Coastal Resilience Index Report for the City of Clearwater that City staff participated in on January 28, 2013. o Appendix B – Resources for Future Vulnerability Analyses (Plan pages 69-74): This appendix serves as an aid for City staff in the development of future vulnerability analyses. It is a detailed expansion of the brief listing that appears in Table 2 (Chapter 3) of the Plan. o Appendix C – Action Plan (Plan pages 75-84): To achieve the five goals and strategies outlined in Chapter 5, the Action Plan outlines the implementation timeline, existing plans and policies, the lead entity, required collaboration and resources needed to accomplish each action. The actions are based on the Steps Forward sections of Chapter 4. Some actions should be achieved during the pre-disaster phase as mitigation measures that increase resiliency; as these actions are accomplished, they can be moved from the Action Plan to a record of accomplished actions in updates to the PDRP. Other actions should be implemented each time the City of Clearwater declares a state of emergency, as determined necessary by the Post-Disaster Redevelopment Steering Committee, a group consisting of City senior management staff. The applicability of an action varies by the severity of the disaster. o Appendix D – Accomplished Pre-Disaster Actions (Plan page 85): This appendix is to serve as a record of PDRP pre-disaster actions from Appendix C that have been accomplished, as the Plan is implemented and updated. Review Approval:1) Official Records and Legislative Services Cover Memo Item # 28 Resolution No. 13-08 RESOLUTION NO. 13-08 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING THE POST-DISASTER REDEVELOPMENT PLAN, IDENTIFYING ACTIONS FOR POST-DISASTER REDEVELOPMENT ADDRESSING THE FOLLOWING GOALS: HOUSING AND STRUCTURAL REPAIRS, INFRASTRUCTURE AND PUBLIC FACILITY RECOVERY, ENVIRONMENTAL RESTORATION, ECONOMIC RESUMPTION, AND LAND USE AND DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is vulnerable to a variety of disasters that may result in emergencies causing substantial injury or harm to the population or substantial damage to or loss of property; and WHEREAS, the City of Clearwater understands the importance of a Post- Disaster Redevelopment Plan to the successful long-term recovery and redevelopment from a disaster; and WHEREAS, pursuant to Chapter 163, Florida Statutes, the Clearwater City Council adopted the Comprehensive Plan contained in Ordinance 7993-08 on December 18, 2008; and WHEREAS, the Comprehensive Plan Coastal Management Element, Policy E.4.1.9, requires the City to prepare a Post-Disaster Redevelopment Plan; and WHEREAS, the Post-Disaster Redevelopment Plan links existing emergency management plans and the Comprehensive Plan; and WHEREAS, the Post-Disaster Redevelopment Plan in the aftermath of a declared state of emergency may be implemented to complement the City’s Comprehensive Emergency Management Plan to ensure post-disaster decision making addresses long-term recovery and redevelopment issues; and WHEREAS, the Post-Disaster Redevelopment Plan provides a guide for the transition from short-term response and recovery to long-term recovery and redevelopment; and WHEREAS, the Post-Disaster Redevelopment Plan will enhance State and Federal disaster assistance, improve public input and facilitate the return of development, infrastructure, economic and environmental structures in the aftermath of a declared state of emergency; and WHEREAS, the Clearwater City Council has concluded that having a Post- Disaster Redevelopment Plan furthers the health, safety and welfare of the citizens and visitors of Clearwater and has developed such a Plan; Attachment number 1 \nPage 1 of 2 Item # 28 Resolution No. 13-08 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council approves the Post-Disaster Redevelopment Plan, attached hereto as Exhibit “A” and directs the City Manager to implement the actions and provide updates to the City Council regarding implementation and effectuation. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2013. __________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 28 POSTPOST--DISASTER DISASTER REDEVELOPMENT PLANREDEVELOPMENT PLANCity Council Work SessionCity Council Work Session6.18.20136.18.2013Attachment number 2 \nPage 1 of 11 Item # 28 Plan ProcessPlan ProcessReview and assessment of local contextReview and assessment of local contextReview of vulnerability to disastersReview of vulnerability to disastersFraming of issuesFraming of issuesCreating plan goals, strategies and an Creating plan goals, strategies and an action planaction planConsideration of adoption of final draft Consideration of adoption of final draft planplanFinal plan implementation & Final plan implementation & maintenance maintenance Attachment number 2 \nPage 2 of 11 Item # 28 Plan ContentsPlan ContentsIntroductionIntroductionLocal Plans Integration & Capacity Local Plans Integration & Capacity AssessmentAssessmentVulnerability AnalysisVulnerability AnalysisVulnerability AnalysisVulnerability AnalysisIssuesIssuesPlan GoalsPlan GoalsPublic Communication PlanPublic Communication PlanPlan Implementation & MaintenancePlan Implementation & MaintenanceAttachment number 2 \nPage 3 of 11 Item # 28 Plan GoalsPlan Goals1.1.Housing and Structural RepairsHousing and Structural Repairs2.2.Infrastructure and Public Facility Infrastructure and Public Facility RecoveryRecovery3.3.Environmental RestorationEnvironmental Restoration3.3.Environmental RestorationEnvironmental Restoration4.4.Economic ResumptionEconomic Resumption5.5.Land Use and DevelopmentLand Use and DevelopmentAttachment number 2 \nPage 4 of 11 Item # 28 Plan StrategiesPlan Strategies1.1.Streamline PermittingStreamline Permitting2.2.Get Back to BusinessGet Back to Business3.3.Decrease VulnerabilityDecrease Vulnerability3.3.4.4.Continue Implementation of City of Continue Implementation of City of Clearwater Guiding DocumentsClearwater Guiding Documents5.5.Continue Intergovernmental Continue Intergovernmental CoordinationCoordinationAttachment number 2 \nPage 5 of 11 Item # 28 Action PlanAction PlanActions grouped by Goal and Strategy Actions grouped by Goal and Strategy Implementation TimelineImplementation TimelinePre DisasterPre DisasterShort Term RecoveryShort Term RecoveryShort Term RecoveryShort Term RecoveryLong Term Recovery Long Term Recovery Context and LogisticsContext and LogisticsExisting Plan or PolicyExisting Plan or PolicyLead Entity and Required CollaborationLead Entity and Required CollaborationResources NeededResources NeededAttachment number 2 \nPage 6 of 11 Item # 28 Plan Implementation PrePlan Implementation Pre--DisasterDisasterCategories of implementation of preCategories of implementation of pre--disaster short term actions :disaster short term actions :00--3 years for completion3 years for completionExample Action: Using the City’s existing Example Action: Using the City’s existing Example Action: Using the City’s existing Example Action: Using the City’s existing business visitation program, provide business visitation program, provide information on disaster recovery to small information on disaster recovery to small businesses (Goal 4, Strategy 3, Action 2)businesses (Goal 4, Strategy 3, Action 2)Attachment number 2 \nPage 7 of 11 Item # 28 Plan Implementation PrePlan Implementation Pre--DisasterDisaster44--6 years for completion6 years for completionExample Action: Research land use and Example Action: Research land use and development regulations aimed at reducing development regulations aimed at reducing development regulations aimed at reducing development regulations aimed at reducing disaster vulnerability. Discuss incorporating disaster vulnerability. Discuss incorporating these regulations into the Community these regulations into the Community Development Code (Goal 5, Strategy 3, Action Development Code (Goal 5, Strategy 3, Action 4)4)Attachment number 2 \nPage 8 of 11 Item # 28 Plan Implementation PostPlan Implementation Post--DisasterDisasterAttachment number 2 \nPage 9 of 11 Item # 28 Next StepsNext StepsCity Council Approval City Council Approval Implement PreImplement Pre--Disaster Actions from Disaster Actions from Action PlanAction PlanImplement PostImplement Post--Disaster Actions from Disaster Actions from Implement PostImplement Post--Disaster Actions from Disaster Actions from Action Plan, if neededAction Plan, if neededMaintain and update PlanMaintain and update PlanAttachment number 2 \nPage 10 of 11 Item # 28 POSTPOST--DISASTER DISASTER REDEVELOPMENT PLANREDEVELOPMENT PLANCity Council Work SessionCity Council Work Session6.18.20136.18.2013Attachment number 2 \nPage 11 of 11 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN Draft Attachment number 3 \nPage 1 of 96 Item # 28 Attachment number 3 \nPage 2 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN i. TABLE OF CONTENTS CHAPTERS CHAPTER 1: INTRODUCTION ......................................................................... 1 PURPOSE AND OBJECTIVES .............................................................................. 1 AUTHORITY ...................................................................................................... 1 PLANNING PROCESS ........................................................................................ 1 HOW TO USE THIS PLAN ................................................................................... 1 PLAN ASSUMPTIONS & APPLICABILITY ............................................................ 2 CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT .............. 3 RELATIONSHIP WITH OTHER DOCUMENTS ...................................................... 3 DESCRIPTION OF LOCAL DOCUMENTS ............................................................. 4 EXISTING INSTITUTIONAL CAPACITY ASSESSMENT ........................................ 14 RECOMMENDATIONS FOR IMPROVING CAPACITY ........................................ 16 CHAPTER 3: VULNERABILITY ANALYSIS ......................................................... 19 GENERAL DESCRIPTION ................................................................................. 19 PREVIOUSLY CONDUCTED VULNERABILITY ANALYSES .................................. 19 RECOMMENDATIONS FOR FUTURE ANALYSES .............................................. 23 CHAPTER 4: ISSUES ...................................................................................... 27 ISSUES DISCUSSION ....................................................................................... 27 ISSUES SUMMARY.......................................................................................... 44 CHAPTER 5: PLAN GOALS ............................................................................. 53 GOALS ............................................................................................................ 53 STRATEGIES ................................................................................................... 54 ACTION PLAN ................................................................................................. 54 CHAPTER 6: COMMUNICATIONS PLAN ......................................................... 55 COMMUNICATIONS CAPACITY ASSESSMENT ................................................ 55 INCLUDING THE PUBLIC IN PDRP IMPLEMENTATION .................................... 58 INTERNAL COMMUNICATIONS IN PDRP IMPLEMENTATION ......................... 61 CHAPTER 7: PLAN IMPLEMENTATION AND MAINTENANCE .......................... 63 PLAN IMPLEMENTATION ............................................................................... 63 PLAN MAINTENANCE ..................................................................................... 65 APPENDICES APPENDIX A – COASTAL RESILIENCE INDEX ........................................................ 67 APPENDIX B – RESOURCES FOR FUTURE VULNERABILITY ANALYSES .................. 69 APPENDIX C – ACTION PLAN ............................................................................... 75 APPENDIX D – ACCOMPLISHED PRE‐DISASTER ACTIONS .................................... 85 LIST OF TABLES TABLE 1: INSTITUTIONAL CAPACITY ............................................................................ 15 TABLE 2: FUTURE VULNERABILITY ANALYSES ................................................................ 26 TABLE 3: POST‐DISASTER REDEVELOPMENT ISSUES SUMMARY ........................................ 45 TABLE 4: LOCAL NEWS MEDIA ORGANIZATIONS ........................................................... 57 TABLE 5: SOCIAL MEDIA PLATFORMS .......................................................................... 57 TABLE 6: ADVISORY BOARDS ..................................................................................... 58 TABLE 7: PRE‐DISASTER SHORT TERM IMPLEMENTATION ACTIONS (0‐3 YEARS) ................. 64 TABLE 8: PRE‐DISASTER MEDIUM TERM IMPLEMENTATION ACTIONS (4‐6 YEARS) .............. 64 Attachment number 3 \nPage 3 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN ii. LIST OF FIGURES FIGURE 1: PLAN INTERACTION & THE DISASTER PHASES ................................................... 4 FIGURE 2: SUMMARY OF CONCLUSIONS ...................................................................... 19 FIGURE 3: LAND USES LOCATED WITHIN THE FLOODPLAIN ............................................. 20 FIGURE 4: ESTIMATED IMPACT OF HURRICANES IN PINELLAS COUNTY ............................... 22 FIGURE 5: SEA LEVEL RISE SCENARIOS ........................................................................ 24 FIGURE 6: CHAPTER 4 ISSUES ORGANIZATION .............................................................. 27 FIGURE 7: ISSUES SUMMARY ..................................................................................... 53 FIGURE 8: CURRENT OUTREACH METHODS ................................................................. 55 FIGURE 9: PUBLIC COMMUNICATIONS DEPARTMENT COLLABORATION ACTIONS ................. 59 FIGURE 10: ADDITIONAL OUTREACH METHODS ............................................................ 59 FIGURE 11: ADDITIONAL OUTREACH METHODS TO FACILITATE PUBLIC MEETINGS .............. 61 FIGURE 12: PRE‐DISASTER ACTIONS COORDINATED THROUGH PINELLAS COUNTY OR THE CHAMBERS OF COMMERCE ....................................................................................... 63 FIGURE 13: POST‐DISASTER REDEVELOPMENT PLAN ACTIVATION .................................... 66 LIST OF PHOTOGRAPHS PHOTOGRAPH 1: MARVIN NAUMAN, AUGUST 31, 2005, NAVARRE BEACH, FLORIDA ......... 23 PHOTOGRAPH 2: MARK WOLFE, OCTOBER 22, 2004, PORT CHARLOTTE, FLORIDA ............ 28 PHOTOGRAPH 3: ED EDAHL, MAY 25, 2005, ACADIA, FLORIDA ...................................... 29 PHOTOGRAPH 4: JOCYLYN AUGUSTINO, JULY 16, 2005, PENSACOLA, FLORIDA .................. 30 PHOTOGRAPH 5: GEORGE ARMSTRONG, SEPTEMBER 18, 2008, HILLIARD, FLORIDA ........... 32 PHOTOGRAPH 6: ANDREA BOOHER, JULY 11, 2005, NAVARRE BEACH, FLORIDA ................ 33 PHOTOGRAPH 7: GEORGE ARMSTRONG, JULY 3, 2012, LIVE OAK, FLORIDA ...................... 34 PHOTOGRAPH 8: ANDREA BOOHER, JUNE 13, 2005, PENSACOLA BEACH, FLORIDA ............ 35 PHOTOGRAPH 9: JOCELYN AUGUSTINO, NOVEMBER 5, 2005, BIG PINE KEY, FLORIDA ........ 38 PHOTOGRAPH 10: ANDREA BOOHER, JULY 22, 2005, GREEN POINT, FLORIDA .................. 42 PHOTOGRAPH 11: MARK WOLFE, FEBRUARY 2, 2007, LAKE COUNTY, FLORIDA ................ 44 PHOTOGRAPH 12: MARK WOLFE, SEPTEMBER 19, 2004, PORT CHARLOTTE, FLORIDA ........ 54 PHOTOGRAPH 13: GEORGE ARMSTRONG, SEPTEMBER 4, 2008, TALLAHASSEE, FLORIDA ..... 55 Attachment number 3 \nPage 4 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN iii. ACKNOWLEDGEMENTS CITY OF CLEARWATER CITY COUNCIL GEORGE N. CRETEKOS, MAYOR PAUL F. GIBSON, VICE‐MAYOR DOREEN HOCK‐DIPOLITO BILL JONSON JAY POLGLAZE CITY ADMINISTRATION WILLIAM B. HORNE II, CITY MANAGER JILL SILVERBOARD, ASSISTANT CITY MANAGER ROD IRWIN, ASSISTANT CITY MANAGER PLANNING & DEVELOPMENT DEPARTMENT MICHAEL L. DELK, AICP, DIRECTOR GINA L. CLAYTON, ASSISTANT DIRECTOR KEVIN GARRIOTT, BUILDING OFFICIAL LAUREN MATZKE, AICP, LONG‐RANGE PLANNING MANAGER CATHERINE LEE, AICP, PROJECT MANAGER ROBERT TEFFT, DEVELOPMENT REVIEW MANAGER TERRY L. TEUNIS, CODE COMPLIANCE MANAGER CITY STAFF TECHNICAL REVIEW ASSISTANCE RICK CARNLEY, EMERGENCY MANAGER JOELLE WILEY CASTELLI, PUBLIC COMMUNICATIONS DIRECTOR GLENN DANIEL, WATER, RECLAIM AND WASTEWATER COLLECTION MANAGER LESLIE DOUGALL‐SIDES, ASSISTANT CITY ATTORNEY BRUCE GRIFFIN, GAS OPERATIONS MANAGER MICHAEL HOLMES, HOUSING MANAGER LINDA R. KLASING, RISK MANAGER FELICIA LEONARD, ADMINISTRATIVE SUPPORT MANAGER FRANCES LEONG, ECONOMIC DEVELOPMENT SPECIALIST DANIEL MAYER, INFORMATION TECHNOLOGY DIRECTOR JOHN PITTMAN, SOLID WASTE AND GENERAL SERVICES ASSISTANT DIRECTOR DAVID PORTER, WASTEWATER ENVIRONMENTAL TECHNOLOGY MANAGER JAY RAVINS, FINANCE DIRECTOR JENNIFER SHANNON, PROFESSIONAL ENGINEER NICOLE SPRAGUE, MANAGEMENT ANALYST ELIZABETH WATTS, POLICE PUBLIC INFORMATION OFFICER JEREMY WILLIAMS, INFORMATION TECHNOLOGY MANAGER GORDON WILLS, AIRPORT OPERATIONS MANAGER FEMA THANK YOU TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR USE OF ITS EXTENSIVE PHOTO LIBRARY ALL IMAGES THAT APPEAR IN THIS PLAN ARE COURTESY OF FEMA’S PHOTO LIBRARY (WWW.FEMA.GOV/PHOTOLIBRARY) PHOTOGRAPHER NAME, DATE TAKEN AND LOCATION APPEARS IN THE CAPTION FOR EACH PHOTOGRAPH PHOTOGRAPH ON COVER BY LEIF SKOOGFORS TAKEN ON JULY 15, 2005 IN NAVARRE BEACH, FLORIDAAttachment number 3 \nPage 5 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN iv. EXECUTIVE SUMMARY As a coastal community, the City of Clearwater remains vulnerable to a number of regularly occurring natural disasters. While Clearwater has been spared from a direct hit by a hurricane since 1921, it does not mean the City will continue to be as fortunate. Should a similar Category 3 hurricane occur today it is estimated over four billion dollars worth of damage would be sustained.1 To decrease vulnerability and increase resiliency the City is adding another tool to its mitigation and recovery toolbox, the Post‐Disaster Redevelopment Plan (PDRP). The Plan is crafted to guide decision making affecting long‐term recovery and redevelopment after a disaster and contains five goals addressing housing and structural repairs, infrastructure and public facility recovery, environmental restoration, economic resumption, and land use and development. To achieve the five goals a concise Action Plan outlines the implementation timeline, existing plans and policies, the lead entity, required collaboration and resources needed to accomplish each action. Some actions should be achieved during the pre‐disaster phase as mitigation measures that increase resiliency; as these actions are accomplished they can be moved from the Action Plan to a record of accomplished actions in updates to this Plan. Other actions should be implemented each time the City of Clearwater declares a state of emergency, as determined necessary by the Post‐Disaster Redevelopment Steering Committee, a group consisting of City senior management staff. The applicability of an action varies by the severity of the disaster. 1According to iCat Damage Estimator http://www.icatdamageestimator.com/all‐storms?State=FL&Year=ALL&Category=ALL&Month=ALL&hurdatNumber=&searchInSearchParam=&currentSearchText= This Plan does not address immediate disaster response and emergency operations, which are already outlined by the City’s Comprehensive Emergency Management Plan (CEMP). During the disaster response and emergency operations phases the City will work as a partner with Pinellas County, which will serve as the lead local entity in coordinating with the Federal Emergency Management Agency (FEMA). FEMA sets forth many post‐disaster short‐term recovery policies and regulations, making coordination critical. This Plan is intended to address Clearwater’s unique context while avoiding duplication with Pinellas County’s PDRP. Some issues, and subsequent actions that address those issues, are better addressed on a countywide scale. For these actions the City will work as a partner with the County. This Plan was created through a coordinated effort among City staff, with communication with Pinellas County staff. It does not set forth new City policies but contains next steps that direct City staff to implement previously adopted City policies and to conduct research that may lead to future policy changes. Any proposed actions that might result in or require changes in City policy must first engage Clearwater community members in the decision‐making process and then request approval from the appropriate legislative authority, the City Council.Attachment number 3 \nPage 6 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN v. ACRONYM LIST ACS AMERICAN COMMUNITY SURVEY CDBG COMMUNITY DEVELOPMENT BLOCK GRANT CDC COMMUNITY DEVELOPMENT CODE CEMP COMPREHENSIVE EMERGENCY MANAGEMENT PLAN CIP CAPITAL IMPROVEMENTS PROGRAM COOP CONTINUITY OF OPERATIONS PLAN CRA COMMUNITY REDEVELOPMENT AGENCY CDB COMMUNITY DEVELOPMENT BOARD FBC FLORIDA BUILDING CODE FEMA FEDERAL EMERGENCY MANAGEMENT AGENCY FMP FLOODPLAIN MANAGEMENT PLAN GIS GEOGRAPHIC INFORMATION SYSTEMS JIC JOINT INFORMATION CENTER LMS LOCAL MITIGATION STRATEGY MPO METROPOLITAN PLANNING ORGANIZATION NFIP NATIONAL FLOOD INSURANCE PROGRAM NIMS NATIONAL INCIDENT MANAGEMENT SYSTEM NOAA NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION PCPAO PINELLAS COUNTY PROPERTY APPRAISER’S OFFICE PDRP POST‐DISASTER REDEVELOPMENT PLAN PIO PUBLIC INFORMATION OFFICER PPC PINELLAS PLANNING COUNCIL PRA PRIORITY REDEVELOPMENT AREA TBARTA TAMPA BAY AREA REGIONAL TRANSPORTATION AUTHORITY TBRPC TAMPA BAY REGIONAL PLANNING COUNCIL TDR TRANSFER OF DEVELOPMENT RIGHTS USGS UNITED STATES GEOLOGICAL SURVEYAttachment number 3 \nPage 7 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN vi. This page intentionally blank. Attachment number 3 \nPage 8 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 1: INTRODUCTION 1 CHAPTER 1: INTRODUCTIONPURPOSE AND OBJECTIVES The purpose of the Post‐Disaster Redevelopment Plan (PDRP) is to guide City decision making affecting long‐term recovery and redevelopment following a disaster. The Plan addresses five goals: (1) housing and structural repairs; (2) infrastructure and public facility recovery; (3) environmental restoration; (4) economic resumption; and (5) land use and development; and includes a concise implementable action plan that aids in achieving these goals. It does not address immediate response and emergency operations, which are already covered by the City’s Comprehensive Emergency Management Plan (CEMP). This Plan’s objective is to identify goals for long‐term recovery and redevelopment and to create a concise set of implementable actions that aid in achieving those goals. AUTHORITY Coastal jurisdictions in Florida are required by state law to include a Coastal Management Element in their comprehensive plans that contains a redevelopment component outlining the principles used to eliminate inappropriate and unsafe development in coastal areas when opportunities arise (Florida Statutes 163.3178(2)(f)). The Clearwater Comprehensive Plan contains several goals, objectives and policies within the Coastal Management Element that relate to post‐disaster redevelopment, thereby achieving the state law requirement. This Plan serves as the means for implementing those goals, objectives and policies set forth in the Comprehensive Plan. PLANNING PROCESS Rule 9J‐5 of the Florida Administrative Code, effective in March 1994, required coastal communities to develop a PDRP. This requirement was acknowledged in the City’s Comprehensive Plan, and a specific goal date for completion of the PDRP was included in 2008, after the Evaluation and Appraisal Report was approved in 2006. The goal date to prepare the PDRP was established as 2012, so the Planning and Development Department kicked‐off the project in March 2011. In June 2011 the Florida Legislature repealed the entire Rule 9J‐5, integrating some provisions back into State Statutes. Although the provision requiring coastal communities to develop a PDRP was not one of the provisions transferred from the Administrative Code to the Statutes, the Comprehensive Plan still requires creation of a PDRP. The City’s PDRP is envisioned as a concise, usable document containing core goals and an implementable action plan. It is complemented by the thorough PDRP process undertaken by Pinellas County, which coordinates multi‐jurisdictional goals and action plans. City staff from the Economic Development and Housing Department and the Planning and Development Department participated in work groups as part of the Pinellas County PDRP. In addition, City staff reviewed current plans and policies for strengths, weaknesses and opportunities. The Goals and Strategies contained in Chapter 5 of this Plan and the Action Plan contained in Appendix C were developed based on this coordination with the County and discussion with City staff from multiple departments. The PDRP planning process concluded in May 2013. HOW TO USE THIS PLAN This Plan is intended to serve as the primary source for long‐term recovery and redevelopment issues in the City. Disaster management is typically viewed as a cycle with the following overlapping phases: (1) pre‐disaster planning and emergency Attachment number 3 \nPage 9 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 1: INTRODUCTION 2 management preparedness; (2) emergency response; (3) short‐term recovery; and (4) long‐term recovery and redevelopment. This Plan has an implementation role in the pre‐disaster phase, but the intent of all the Plan implementation actions is to improve the community’s ability for long‐term recovery and redevelopment. This Plan is organized into seven chapters – Introduction, Local Plans Integration and Capacity Assessment, Vulnerability Analysis, Issues, Plan Goals, Public Communication Plan, and Plan Maintenance and Implementation. The Local Plans Integration and Capacity Assessment and Vulnerability Analysis chapters provide context for the subsequent Issues chapter, which in turn sets the stage for the Plan Goals chapter. A Public Communication Plan is included to provide clear direction on engaging the community. Lastly, the Plan will be implemented through an action plan contained within Appendix C with periodic maintenance to ensure changing needs of the community are addressed in updated versions of the PDRP. PLAN ASSUMPTIONS & APPLICABILITY This Plan was developed based on the assumption that the federal, state and local government regulatory framework will continue to exist during and after a disaster in its current form. This assumes the continuation of Federal acts such as the National Environmental Protection Act and the Robert T. Stafford Disaster Relief and Emergency Assistance Act as currently written into law. Additionally, there are financial assumptions including the continuation of Federal and State funding levels and the City’s current municipal bonding capacity. Changes to any of the above may necessitate review and amendment of this Plan. This Plan applies to major and catastrophic disasters for which redevelopment would be required. The need to implement the actions contained within the Plan may vary depending on the severity of the disaster and which elements of the community are most adversely impacted (e.g., housing, infrastructure). As the Capacity Assessment in the following chapter reveals, the City is well positioned to carry out long‐term recovery and redevelopment from an institutional standpoint. However, it should be understood that no matter how well positioned the City is, its capacity remains untested. Therefore, this Plan anticipates that at which time the City is tested by a disaster, lessons learned should be incorporated into future updates to this Plan. Attachment number 3 \nPage 10 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 3 CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT This Plan is one component in the local framework for achieving successful disaster preparedness, response, recovery and redevelopment. As such it is appropriate to understand the context in which this Plan is written and to envision its successful implementation as part of a larger suite of guiding documents. The purpose of this Plan is to guide the redevelopment decision‐making process following a disaster, consistent with the following local documents:  City of Clearwater Documents o Pre‐disaster Planning  Comprehensive Plan  Community Development Code  Building Codes, Permitting and Inspections  Capital Improvements Program  Floodplain Management Plan o Response and Short‐term Recovery  Comprehensive Emergency Management Plan  Code of Ordinances o Long‐term Recovery and Redevelopment  Beach by Design  Downtown Redevelopment Plan  US 19 Corridor Redevelopment Plan  Coachman Ridge Neighborhood Plan  Island Estates Neighborhood Plan  Clearwater Greenprint: A Framework for a Competitive, Vibrant, Green Future  Economic Development Strategic Plan  2011‐2016 Consolidated Plan  Pinellas County Documents o Local Mitigation Strategy o Post‐Disaster Redevelopment Plan RELATIONSHIP WITH OTHER DOCUMENTS This Plan is a document that complements, and overlaps with, relevant local plans such as the Clearwater Comprehensive Plan, the CEMP and the Pinellas County Local Mitigation Strategy (LMS). Figure 1 shows the overlap between the plans and illustrates the continuous nature and imprecise phases of the process. As Figure 1 highlights, there are four phases: pre‐disaster planning, emergency response, short‐term recovery and long‐term recovery and redevelopment. Some documents touch on several of these phases, while others focus only on one phase. The PDRP is intended to guide the redevelopment decision‐making process following a disaster in a manner consistent with the plans referenced above. Each of these plans has pre‐existing policies or procedures that affect post‐disaster redevelopment, but ultimately the PDRP acts as a guide for utilizing the policies and procedures found in these other documents. While implementation of the Plan will overlap with implementation of other documents, the focus on long‐term post‐disaster redevelopment is unique to this Plan. Other plans such as the City of Clearwater Floodplain Management Plan, the Economic Development Strategic Plan, Beach by Design and the Clearwater Downtown Redevelopment Plan provide guidance and vision for the future of the City. Relevant development codes, such as the Community Development Code (CDC) and the Building and Development Regulations, will have a significant impact on post‐disaster redevelopment decisions. Therefore, it was essential that this planning process included examination of how local plans and codes will impact redevelopment and to recommend changes Attachment number 3 \nPage 11 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 4 where needed, that could result in a faster or more sustainable recovery. FIGURE 1: PLAN INTERACTION & THE DISASTER PHASES2 2 Post‐disaster Redevelopment Planning: A Guide for Florida Communities, Florida Department of Community Affairs, Florida Division of Emergency Management, 2010 DESCRIPTION OF LOCAL DOCUMENTS City of Clearwater Documents Pre‐disaster Planning Comprehensive Plan (Amended October 2012) Description: Florida Statutes, Chapter 163, requires that counties and municipalities adopt a comprehensive plan to provide the policy framework for guiding growth and development. The Clearwater Comprehensive Plan establishes goals, objectives and policies in 10 topic areas: future land use, transportation, housing, utilities, coastal management, conservation, recreation and open space, intergovernmental coordination, public school facilities and capital improvements. The goals are statements of intent used to guide decision making and provide a general direction to develop objectives and policies which are specific, measureable and often state a completion date. The plan is implemented through the CDC, special area plans, five‐year capital budget, annual budget and the Penny for Pinellas project list. The Comprehensive Plan must be consistent with the density, intensity and land use provisions set forth in the Pinellas Planning Council’s (PPC) The Countywide Plan Rules and Future Land Use Map. The Comprehensive Plan is consistent with the most recently amended Countywide Plan Rules (June 2011). Applicable Disaster Phases: Pre‐disaster planning (i.e., mitigation), short‐term recovery, long‐term recovery. Attachment number 3 \nPage 12 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 5 Provisions that Apply to Disaster Planning:  Pre‐disaster planning provisions (Goal A.1 and its Objectives and Policies, Objective C.1.3 and its Policies, Objective D.3.3 and its Policies, Goals D.4 and its Objectives and Policies, Goal E.1 and its Objectives and Policies, Goal E.2 and its Objectives and Policies, Goal E.3 and its Objectives and Policies, Objective F.1.2 and its Policies, Objective F.1.3 and its Policies, Objective F.1.5 and its Policies, Objective F.1.6 and its Policies, Objective I.1.2 and its Policies)  Short‐term recovery provisions (Goal E.4 and its Objectives and Policies, Objective E.5.1 and Policy E.5.1.1, Policy I.1.2.2)  Long‐term recovery provisions (Goal E.4 and its Objectives and Policies) Relationship to PDRP: Objective E.4.2 and its Policies direct this Plan to contain specific provisions. This Plan acts as the implementation method for achieving those policies. Following adoption of this Plan, the language of applicable objectives and policies in the Comprehensive Plan should be amended to reflect that this Plan has been adopted and may also include any amendments recommended in the Goals and Action Plan of this Plan. Community Development Code (CDC) (Amended November 2012) Description: The CDC sets forth the regulations for land development within the City. The current CDC was established by ordinance on January 21, 1999 and is periodically updated through the text amendment process. It is a performance‐based flexible code that regulates development through zoning districts with dimensional standards, which can vary considerably, and depend upon the particular development proposal meeting the required criteria for each level of approval (i.e., administrative process versus a public hearing). The CDC also sets forth development review standards and procedures and nonconformity provisions. The CDC must be consistent with the density, intensity and land use provisions set forth in the PPC’s The Countywide Plan Rules and Future Land Use Map. The CDC is consistent with the most recently amended Countywide Plan Rules (June 2011). Applicable Disaster Phases: Pre‐disaster planning (i.e., mitigation), short‐term recovery, long‐term recovery. Provisions that Apply to Disaster Planning:  Pre‐disaster planning (Seawall elevation ‐ CDC Section 3‐602; Erosion and siltation control ‐ CDC Section 3‐701; Undergrounding of utilities ‐ CDC Section 3‐912; Transfer of development rights (TDR) ‐ CDC Section 4‐1401; Nonconforming structures and uses ‐ CDC Article 6)  Short‐term recovery provisions (Temporary uses ‐ CDC 3‐2103.M; Nonconforming structures and uses ‐ CDC Article 6)  Long‐term recovery provisions (Nonconforming structures and uses ‐ CDC Article 6) Relationship to PDRP: Since the CDC regulates land use and sets forth procedures for granting permits, any changes recommended by this Plan, either in land use regulations or permitting procedures, must be contained in the CDC. This is accomplished through the text amendment process, which requires an ordinance adopted at a public hearing before City Council. There are two policies in the Comprehensive Plan that could be incorporated into the CDC for consistency. Policy E.1.2.5 prohibits the location of new hospitals, nursing homes and assisted living facilities in the Coastal Storm Area. Policy E.4.1.1 allows Attachment number 3 \nPage 13 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 6 structures on the barrier islands located in Federal Emergency Management Agency (FEMA)‐designated high hazard flood zones (AE and V) that experience over fifty percent damage to be redeveloped at the as‐built densities at the time of the storm damage. This is different than what is currently stated in CDC Section 6‐103, which deals with nonconforming uses. In general, all development and redevelopment must comply with all the standards set forth in the CDC, including, but not limited to, provisions regulating signage, parking and landscaping. Currently there are no special “emergency” or “disaster” provisions (other than CDC Section 3‐2103.M which allows temporary relocation tents or mobile homes for displaced persons) contained in the CDC. Building Codes, Permitting and Inspections Description: Part II of the CDC contains the building regulations for the City, specifically Chapter 47 – Buildings and Building Regulations; Chapter 49 – Housing Code; and Chapter 51 ‐ Flood Damage Prevention. Chapter 47 outlines the building/flood board of adjustment and appeals procedures, lists which Standard Codes are used by the Building Official to permit structures within the City, and details the inspections required by the City. The Standard Codes used by the City include the Florida Building Code (FBC), which, after devastating natural disasters in the 1990s, was made mandatory in 2002 and supersedes all local building codes. The FBC is updated every three years, most recently 2010, with an effective date of March 15, 2012. Chapter 49 – Housing Code states that the Standard Housing Code will be used by the City. Chapter 51 – Flood Damage Prevention aims to minimize losses due to flooding. Applicable Disaster Phases: Pre‐disaster planning (i.e., mitigation), short‐term recovery, long‐term recovery. Provisions that Apply to Disaster Planning:  Pre‐disaster planning provisions (Floodproofing certification – Section 47.004; Minimum floor elevation – Section 47.005; Chapter 51 – Flood Damage Prevention)  Short‐term recovery provisions (Restoration of electrical service to flooded structures – Section 47.006; Standard Codes – Chapter 47, Article III; Permits – Chapter 47, Article IV; Required Inspections – Chapter 47, Article V; Standard Housing Code – Amendments dealing with unsafe structures – Section 49.02)  Long‐term recovery provisions (Standard Codes – Chapter 47, Article III; Permits – Chapter 47, Article IV; Required Inspections – Chapter 47, Article V) Relationship to PDRP: Any redevelopment must comply with the building code standards and subsequent permitting and inspections. Capital Improvements Program (From the 2012/2013 Annual Operating and Capital Improvement Budget) Description: The Capital Improvements Program (CIP) is a schedule of capital improvement projects that covers a six‐year period and provides the mechanism to implement the Capital Improvements Element of the City’s Comprehensive Plan. The CIP is updated by ordinance within the City’s operating and capital budget annually by the City Council. The CIP, which includes details, agreements and revenue sources for all capital improvement Attachment number 3 \nPage 14 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 7 projects, is needed to ensure that adopted level‐of‐service standards are achieved and maintained. The CIP is a way to ensure the vision outlined in the Comprehensive Plan is implemented. Applicable Disaster Phases: Pre‐disaster planning (i.e., mitigation), long‐term recovery. Provisions that Apply to Disaster Planning: The current CIP includes stormwater mitigation projects, specifically those within the Stevenson Creek watershed and the Alligator Creek watershed, to abate structure and street flooding (pages 265‐266). Relationship to PDRP: The CIP is the way mitigation projects are funded and likewise would be the way future long‐term recovery projects are funded. Goals, strategies and actions recommended in this Plan which fit the definition of a CIP project should be considered for inclusion in future updates of the CIP. Floodplain Management Plan (FMP) (Updated 2009) Description: Due to the City’s situation as a coastal community, it participates in FEMA’s National Flood Insurance Program’s (NFIP) Community Rating System (CRS). By participating in the NFIP, which requires the adoption and enforcement of floodplain management programs that reduce future flood damage, property owners within the City receive federally‐backed flood insurance. Further incentives are provided by the CRS program, which adjusts flood insurance premiums to reflect community activities that reduce flood damage beyond the minimum required by the NFIP. The FMP outlines these community activities aimed at reducing vulnerability to floods (and therefore reductions in the flood insurance premiums of properties within the City). The FMP also includes an excellent risk assessment section which contains detailed housing and development vulnerability data. Applicable Disaster Phases: Pre‐disaster planning (i.e., mitigation). Provisions that Apply to Disaster Planning: Structural and non‐structural mitigation provisions (Planning Goals, pages 28‐42; Preventative Activities, pages 42‐45; Stormwater Management Projects, pages 45‐50; Implementation of Mitigation Activities, pages 50‐52). Relationship to PDRP: The FMP serves as a helpful outline of current and planned mitigation activities in the City. The Risk Assessment (pages 7‐26) provides an excellent foundation for Chapter 3 of this Plan. The Public Information Preventive Activities (listed on page 45) provide a helpful foundation for Chapter 6 of this Plan. Response and Short‐term Recovery City of Clearwater Comprehensive Emergency Management Plan (CEMP) (Updated 2012) Description: The CEMP establishes a framework for dealing with hazards and outlines the general roles and responsibilities of City departments in disaster response and recovery. It includes a vulnerability analysis and addresses the responsibility of city government, method of operations, continuity of government and applicable financial policies. It follows the framework of the National Incident Management System (NIMS). The CEMP includes reference to 20 “Functional Annexes” which have not yet been developed but appear to be integral to carrying out the purposes of the plan. Applicable Disaster Phases: Response and Recovery. Attachment number 3 \nPage 15 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 8 Provisions that Apply to Disaster Planning: The CEMP establishes a concept of operations parallel with the NIMS structure, so is critical in the response phase of disaster planning. While most of the CEMP relates to the response phase, it also appears that several of the Functional Annexes extend into the short‐term recovery phase. This could be further clarified with the addition of the Functional Annexes. Relationship to PDRP: Since the CEMP is concerned with the response and short‐term recovery phases and the PDRP is concerned with the mitigation, recovery and redevelopment phases of disaster planning, there is little overlap between the two plans. However, it is still important to understand how the CEMP can influence the later stages of disaster recovery. This influence appears minimal in the current CEMP, but may become more apparent as the Functional Annexes are developed. Code of Ordinances (Amended October 2012) Description: The Code of Ordinances contains the laws of the City. These are items under the purview of municipal authority including local taxation and elections, regulations for conduct in public spaces and municipal services such as fire prevention, libraries, parks, roads and utilities. They also contain miscellaneous items of local concern, including emergency management. Applicable Disaster Phases: Short‐term recovery. Provisions that Apply to Disaster Planning: Chapter 15 – Emergency Management (sets forth that the city manager is the director of emergency management, delegates responsibilities to a coordinator of emergency services and an emergency management coordinating committee, allows the mayor, vice‐mayor, the city manager and the assistant city managers to declare a state of emergency which gives authority for a number of items, including the suspension of local regulations). Relationship to PDRP: When a state of emergency is declared by the authorized individuals, local regulations (e.g., permitting and inspection fees) can be suspended to speed recovery efforts. However, it is important to note that while these local provisions can be suspended, the standard by which building inspections are judged (i.e., the FBC) cannot be suspended, unless it is done so at the state level. It is important to understand this distinction in developing this Plan. Long‐term Recovery and Redevelopment Beach by Design (Amended July 2008) Description: This special area plan sets forth a series of strategies for the revitalization of Clearwater Beach in six topic areas: land use, mobility, off‐street parking, catalytic projects, economic feasibility and financing, and design guidelines. Beach by Design applies to properties on Clearwater Beach south of Acacia Street and outlines special standards and incentives that vary according to the eight character districts established in the plan. Applicable Disaster Phases: Long‐term recovery. Provisions that Apply to Disaster Planning: Long‐term recovery provisions that control use, density, bulk and design of development (pages 7‐24, 47‐56, 64‐76). Relationship to PDRP: Beach by Design sets forth a vision for redevelopment on Clearwater Beach, one of the more vulnerable Attachment number 3 \nPage 16 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 9 areas of the City because it is a barrier island. Land use issues such as density and bulk have a relationship with mitigation. Decisions on these important issues were made when Beach by Design was adopted by City Council in February 2001 and was last amended in July 2008. Any changes to density or bulk would need support and approval from City Council. Clearwater Downtown Redevelopment Plan (Amended September 2010) Description: This document serves as the special area plan and the community redevelopment plan for the downtown area. It guides development through goals, objectives and policies and regulates uses and development potential for six unique character districts. It also establishes policies that guide future actions and projects of the City’s Community Redevelopment Agency (CRA). Applicable Disaster Phases: Long‐term recovery. Provisions that Apply to Disaster Planning: Long‐term recovery provisions that control use, density, bulk and design of development (pages 47‐54, 59‐76, 81‐150, 214‐216). Relationship to PDRP: The Downtown Redevelopment Plan sets forth a vision for redevelopment Downtown, which includes many waterfront properties which may be more vulnerable to flood and storm events. Land use issues such as density and bulk have a relationship with mitigation. Ideally, populations would be directed away from the waterfront but in reality people are drawn to waterfront property, so more creative mitigation methods need to be explored. Decisions on land use and density were made when the Downtown Redevelopment Plan was adopted by City Council in February 2004 and last amended in September 2010. Any changes to density or bulk would need support and approval from City Council. US 19 Corridor Redevelopment Plan (Adopted 2012) Description: The US 19 Corridor Redevelopment Plan is the first step in implementing a new vision for the US 19 Corridor. Over time US 19 has transitioned from a roadway providing land access to a limited‐access highway, affecting the success of certain land uses along the corridor. The City developed the US 19 Plan, which contains land use, economic, mobility and sustainability strategies that take into account the current and planned transportation improvements in order to reposition the corridor in the City and the Region. Applicable Disaster Phases: Long‐term recovery. Provisions that Apply to Disaster Planning: Long‐term recovery strategies including a New Zoning Overlay District (p. 64), New Design Standards (p. 65), Enhance Gateways and Streetscapes (p. 76), Create Interconnected Street Networks (p. 76), Improve Conditions for Pedestrians and Cyclists (p. 78), Expand Green Streets Program and Initiatives (p. 83), Promote LID for Sites and Buildings (p. 85), Improve Energy and Water Efficiency (p. 87). Relationship to PDRP: Since the US 19 Plan was recently adopted the envisioned zoning overlay district and design standards do not exist yet. Once adopted, they will heavily influence the built Attachment number 3 \nPage 17 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 10 environment as redevelopment occurs along the corridor. In addition, the US 19 Plan lists a number of strategies that should be considered in the event that infrastructure along the corridor is damaged and needs repair. Strategies like Create Interconnected Street Networks and Improve Conditions for Pedestrians and Cyclists can be incorporated into any plans for the public rights‐of‐way that may need repair following a disaster. Coachman Ridge Neighborhood Plan (Adopted 2001) Description: This plan defines the neighborhood’s vision and provides the framework for neighborhood efforts to maintain Coachman Ridge as a desirable neighborhood. It is the basis for the implementation of the Coachman Ridge Neighborhood Conservation Overlay District in the CDC and is used to coordinate public and private initiatives in the neighborhood. Applicable Disaster Phases: Long‐term recovery. Provisions that Apply to Disaster Planning: Long‐term recovery goals include Goal 2 Neighborhood Character relating to landscaping, property/building maintenance and undergrounding of utilities; Goal 4 Infrastructure relating to sidewalk replacements, street lighting, and undergrounding of communication facilities; Goal 6 Possible Impacts of New Community Sports Complex relating to roadway widening and property use; Goal 7 Neighborhood Perimeter relating to sidewalks and rights‐of‐way maintenance; Goal 8 Traffic and Parking relating to turn lanes and aesthetics standards; Goal 10 Property maintenance relating to dead landscaping replacement and retention ponds; Development Standards. Relationship to PDRP: Any strategies or actions contained in this Plan should be consistent with the goals and development standards contained in this neighborhood plan as they relate to this neighborhood. Island Estates Neighborhood Plan (Adopted 2002) Description: This plan provides a framework for neighborhood enhancement, change and maintenance. It provides the basis for the implementation of the Island Estates Neighborhood Conservation Overlay District in the Clearwater CDC and is used to coordinate public and private initiatives. Applicable Disaster Phases: Long‐term recovery. Provisions that Apply to Disaster Planning: Long‐term recovery goals including Goal 2 relating to height regulation of structures, repair of seawalls; Goal 3 relating to sidewalks and bike paths, crosswalks; Goal 4 relating to property maintenance and landscaping; Goal 5 relating to the character of redevelopment; Goal 6 relating to utilities and infrastructure; Development Standards (p. 23‐28). Relationship to PDRP: Any strategies or actions contained in this Plan should be consistent with the goals and development standards contained in this neighborhood plan as they relate to this neighborhood. Attachment number 3 \nPage 18 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 11 Clearwater Greenprint: A Framework for a Competitive, Vibrant, Green Future (Adopted 2011) Description: This community plan and vision identifies a series of tangible actions across eight topic areas that can be implemented by the city, residents, businesses and industry. These strategies have the potential to reduce energy consumption, pollution and greenhouse gas emissions while reducing energy and other costs for residents and businesses, supporting a variety of housing choices for renters and owners of all ages, and improving the health and quality of life for our city’s residents. Applicable Disaster Phases: Long‐term recovery. Provisions that Apply to Disaster Planning: Long‐term recovery strategies including the Energy Finance Program (p. 31), Incentives for Upgrades (p. 32), Performance Standards (p. 32), Energy‐Efficient Streetlights (p. 34), Municipal Performance Standard (p. 35), Complete Streets (p. 38), Development Incentives (p. 44), Property Revitalization (p. 45), Diverse Housing Options (p. 45), Greenspace Expansion (p. 46), Waterwise Landscapes (p. 50), Low Impact Development (p. 50) and Urban Agriculture (p. 58). Relationship to PDRP: Since the policies in Clearwater Greenprint are not, as yet, codified, there would be no direct impact to post‐disaster development currently. The policies are indicative of the direction the City is headed, so any strategies or actions contained in this Plan should be consistent with the vision put forth. In addition, these items will be implemented over the outlined timeframe of short term, medium term and long term, so there is potential for these strategies to be integrated in the CDC, which would directly impact post‐disaster redevelopment. Economic Development Strategic Plan (Adopted 2011) Description: After the nationwide economic downturn in the late 2000s the City of Clearwater chose to adopt a more assertive approach to attract new investment, tax base and high‐wage employment in growth industries. The Strategic Plan outlines goals and priority strategies for the City, based on a series of meetings with the business community. The goals focus on land use, investment climate, business retention and expansion, business development and talent and place. Strategies include the establishment of an employment center overlay district, creation of a technology district, creation of a medical overlay district, adoption of a formal incentives policy, refining of the business visitation program and continued enhancement of public amenities and aesthetics. Applicable Disaster Phases: Long‐term recovery. Provisions that Apply to Disaster Planning: Long‐term recovery strategies that guide City investment (pages 11‐54). Relationship to PDRP: Any strategies or actions contained in this Plan should be consistent with the strategies contained in the Strategic Plan. Attachment number 3 \nPage 19 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 12 2011‐2016 Consolidated Plan (Adopted 2011) Description: The 2011‐2016 Consolidated Plan, which is administered by the Housing Division of the City’s Economic Development and Housing Department, is the five‐year strategic plan for housing, community development, community services and economic development activities funded through Community Development Block Grant (CDBG) and HOME funds. The Consolidated Plan contains five goals with associated objectives for implementing each goal. The goals include: Provide availability and accessibility to decent affordable housing to the residents of the City of Clearwater; Help to prevent and reduce homelessness within the City of Clearwater; Expand the accessibility and coordination of social services to City of Clearwater special needs populations; Enhance the living environment for persons in low‐ and moderate‐income areas through public improvement activities, public service programs, and elimination of blight; and Support programs that create economic opportunities throughout the City of Clearwater with special emphasis given to areas and persons of low and moderate income. Applicable Disaster Phases: Long‐term recovery. Provisions that Apply to Disaster Planning: Long‐term recovery strategies that guide City administration and distribution of CDBG and HOME funds (pages 16‐18). Relationship to PDRP: Any strategies or actions contained in this Plan should be consistent with the goals and objectives contained in the Consolidated Plan. PINELLAS COUNTY DOCUMENTS Local Mitigation Strategy (LMS) (Updated 2009) Description: The Pinellas County LMS represents a blueprint for how the county, and its municipalities, intend to reduce the impact of natural and human‐caused hazards on people and the built environment. The essential elements of a local mitigation strategy include a risk assessment, capability assessment, mitigation strategy and the mitigation projects list. The process to develop the LMS included a workgroup consisting of 23 voting members (representatives from the municipalities) and 31 non‐voting members (partners from the private and public sectors) who developed goals and policies designed to increase resiliency. The City’s Emergency Manager was a voting member of the LMS workgroup. These goals and policies were included in local government updates to their respective comprehensive plans. Another recommendation of the LMS was to develop a Pinellas County PDRP. The LMS contains similar elements as this Plan—a thorough hazard and risk assessment for the entire county (Appendix 1), a review of local programs, policies and capabilities (Appendices 5 and 6), and a community outreach section (Appendix 7). In addition it contains an Economic Loss Vulnerability Index System (ELVIS) which contains valuable scenario datasets for all the municipalities in the county except City of Clearwater and City of St. Petersburg. The LMS also outlines the potential funding sources for the mitigation projects list. Applicable Disaster Phases: Pre‐disaster planning (i.e., mitigation). Attachment number 3 \nPage 20 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 13 Provisions that Apply to Disaster Planning: Appendix 4: Local Mitigation Strategy Goals and Objectives. These goals and objectives apply to various mitigation efforts. These include preventive measures (Objectives 1.1, 1.2, 1.3, 1.4, 2.1, 2.2, 2.3, 2.4, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.1, 5.2. 6.1, 6.2, 6.3, 7.1, 7.2), property protection (Objectives 1.5, 1.6, 1.7, 3.4, 4.4, 6.4, 7.3), public education and awareness (Objectives 1.8, 1.9, 1.10, 2.5, 2.6, 3.5, 3.6, 4.5, 5.3, 6.5, 6.6, 7.4), natural resource protection (Objectives 1.10, 2.7, 3.7, 5.4, 6.6, 7.5), and structural projects (Objectives 1.11, 2.8, 3.8, 4.8). Relationship to PDRP: Since so many similar elements are contained in the LMS (e.g., vulnerability analysis, capacity assessment, and a public outreach section) it serves as a solid foundation for this Plan. This Plan builds on the mitigation measures outlined in the LMS and extends it to other phases of the disaster cycle—long‐term recovery and redevelopment—and takes advantage of applicable data and strategies. Pinellas County Post‐Disaster Redevelopment Plan (PDRP) (June 2012 Draft) Description: The Pinellas County PDRP provides the County and local governments with a countywide reference for guiding local action and decision making during the recovery period following a disaster, as well as detailing pre‐disaster actions that can be taken to speed the recovery process. Its purpose is to make the community more disaster‐resilient by addressing disaster recovery and redevelopment issues with long‐term implications. Applicable Disaster Phases: Pre‐disaster planning, short‐term and long‐term recovery. Provisions that Apply to Disaster Planning: Goals, Issues and Strategies on the following areas: (1) Land Use, Housing and Mitigation (p. 87‐93); (2) Construction, Permitting and Historic Preservation (p. 97‐100); (3) Health and Human Services (p. 145, 149‐150, 158, 161, 163‐164); (4) Economic Restoration (p. 127‐129); (5) Environmental Restoration (p. 112‐115); (6) Infrastructure Restoration (p. 105‐107); (7) Finance and Administration (p. 182‐183); and (8) Public Information (p. 170‐171). Appendices containing action plans on each of the eight topic areas (Appendix 5A‐12A). Relationship to PDRP: Pinellas County’s PDRP process involved a steering group that provided direction to eight work groups that formed to address the areas outline above. The work groups contained individuals representing county, municipal, non‐profit and business interests. Each work group developed an action plan to be integrated into the overall PDRP document, which is scheduled to be adopted by the Board of County Commissioners in late 2013. The County’s approach was comprehensive and multi‐jurisdictional. Staff from the City’s Planning and Development Department attended the Land Use, Housing and Mitigation work group and the Construction, Permitting and Historic Preservation work group. Staff from the City’s Economic Development and Housing Department attended the Economic Restoration work group. Because certain aspects of long‐term recovery and redevelopment are most practical to implement at the County level, the City’s PDRP only addresses goals within the regulatory and financial purview of the City. For action items best handled on the County level, the City will work as a partner alongside the County and other organizations to carry out the County’s PDRP. Attachment number 3 \nPage 21 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 14 EXISTING INSTITUTIONAL CAPACITY ASSESSMENT Institutional capacity is the City’s ability for carrying out long‐term recovery and redevelopment. In order to assess the City’s institutional capacity a point system was used. Three areas of capacity were determined—Planning and Regulatory Capacity, Administrative and Technical Capacity and Fiscal Capacity—each area was awarded points for achieving items, then the points were tallied to determine the score.3 The results are detailed in Table 1. The City also completed the Coastal Resilience Index (CRI) on January 28, 2013. The CRI is a community self‐assessment intended to provide community leaders with a simple and inexpensive method of predicting if their community will reach and maintain acceptable levels of functioning after a disaster. The CRI is date‐specific and should be periodically reviewed as Clearwater grows and/or the landscape changes. The City achieved an index score of “High”; the CRI Report is attached as Appendix A. 3 The point system is based on methods used by PDRP pilot communities (www.FloridaJobs.org/PDRP) and the Coastal Resilience Index (www.masgc.org/page.asp?id=591). Attachment number 3 \nPage 22 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 15 TABLE 1: INSTITUTIONAL CAPACITY Institutional Capacity Type Document, Programor TrainingPoints AwardedPlanning and Regulatory Capacity Yes = 3 points Under Development = 1 point No = 0 points Post-Disaster Redevelopment Plan 1Post-Disaster Redevelopment Ordinance 0Comprehensive Plan 3Coastal Management Element of Comprehensive Plan 3Floodplain Management Plan 3Comprehensive Emergency Management Plan (CEMP) 3Functional Annexes to the CEMP 0Continuity of Operations Plan 3Local Mitigation Strategy 3Debris Management Plan 3Temporary Housing Plan 0Post-Storm Traffic Management Plan 3Participation in FEMA Community Rating System (CRS) Program 3Building Code Effectiveness Grading Schedule (BCEGS) Grade of 1 to 5 3Yes = 2 points Under Development = 1 point No = 0 points Emergency Operations Plan 2Building Code 2Floodplain Ordinance 1Zoning Ordinance 2Unified Land Development Code 2Participation in NFIP Program 2Yes = 1 point No = 0 points Open Space Management/Parks & Recreation Plan 1Stormwater Management Plan 1Evacuation Plan 1Flood Response Plan 1Capital Improvements Plan 1Economic Development Plan 1Economic Development Element of Comprehensive Plan 0Comprehensive Economic Development Strategy 1Historic Preservation Plan 0Subdivision Ordinance 1Fire Code 1Subtotal (out of 65possible points)51Attachment number 3 \nPage 23 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 16 Administrative and Technical CapacityYes = 2 points No = 0 points Planning staff with credentials from the American Institute of Certified Planners (AICP) 2Certified building inspectors 2Emergency manager 2Certified floodplain manager 2Historic preservation planner 2Community Development Board (CDB) Member or City Council Member with formal training in planning 0Yes = 1 point No = 0 points Land surveyors 1Scientist familiar with the hazards of the community 1Staff with education or expertise to assess the community’s vulnerability to hazards 1Staff skilled in Geographic Information Systems (GIS) 1Information and Technology expertise 1Resource development staff or grant writers 1Subtotal (out of 18 possible points)16Fiscal Capacity Yes = 1 point No = 0 points Capital Improvement Programming 1Community Development Block Grants 1Water/Sewer Fees 1Stormwater Utility Fees 1Development Impact Fees 1General Obligation/Revenue Bonds 1Public/private partnerships 1Intergovernmental Agreements/Mutual Aid Agreements 1Subtotal(out of 8possible points)8Total0-30 points = Limited overall capacity 31-61 points = Moderate overall capacity 62-91 points = High overall capacity 75The City scored 75 points, putting it in the “High overall capacity” category. This is due to the City’s already well established planning framework, skilled technical staff, fiscal soundness and thorough emergency management program. However, there are some areas for improvement which are discussed in the following section. RECOMMENDATIONS FOR IMPROVING CAPACITY Table 1 provides a good starting point in identifying ways to improve capacity. Opportunities for improvement for items that did not achieve the maximum number of points are discussed below. In addition, it is important to note that even the items that achieved the maximum number of points may need to be Attachment number 3 \nPage 24 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 17 updated. This is true of the Continuity of Operations Plan (COOP), which each City department has, but some may not have been updated in several years. Each department should review their COOP and ensure any changes in organizational structure or responsibilities are reflected in their plan. Planning and Regulatory Capacity  PDRP Ordinance: This may be developed as an outcome to this Plan if changes in our existing CDC are needed to ensure recommended actions of this Plan are achieved.  Functional Annexes to the CEMP: These are referred to within the larger CEMP so the City needs to develop these annexes to ensure the functional areas described in the CEMP are being accounted for. Alternately, if the Functional Annexes are not important to achieving to the goals of the CEMP reference to them should be removed. Any issues that would otherwise be addressed by the Functional Annexes could instead be addressed within the body of the CEMP.  Temporary Housing Plan: Pinellas County is currently developing a temporary housing plan along with an ordinance for temporary housing following a declared state of emergency that applies countywide. It is recommended that the City continue to work with the County on this item instead of having the City’s own Temporary Housing Plan.  Floodplain Ordinance: The City’s CDC currently has a Flood Hazard Reduction section (Chapter 51) but is being updated for consistency with changes made to the FBC that went into effect March 15, 2012. This updated ordinance is anticipated for completion by the end of 2013.  Economic Development Element of Comprehensive Plan: The City does not currently have an Economic Development Element of the Comprehensive Plan but does put forth many goals, objectives and policies related to economic development, particularly in the Future Land Use Element and the Coastal Management Element. In addition the City’s Economic Development Strategic Plan sets forth goals and vision. However since the Strategic Plan is not technically within the City’s Comprehensive Plan the City did not score the point in the capacity assessment, but the intent of having an Economic Development Element is met by this Strategic Plan.  Historic Preservation Plan: In order to better preserve historic structures and sites following a disaster it is recommended that the City develop a historic preservation plan. Although the City’s CDC contains a section on Historic Preservation (Article 3, Division 10) and a process for designating structures as historic (Section 4‐607), it lacks a comprehensive plan for identifying, evaluating and protecting these resources. Historic preservation plans should contain basic elements such as strategies for performing an inventory of historic resources, criteria for evaluation of significance, fostering community awareness, and developing preservation partnerships. It should also address historic preservation issues unique in times of disaster by establishing a network of preservation professionals to assist with disaster‐related activities, developing historic preservation review procedures to implement in an emergency and developing site‐specific Emergency Response Plans for individual historic resources.4 4 Disaster Planning for Florida’s Historic Resources, 1000 Friends of Florida, September 2003 Attachment number 3 \nPage 25 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 2: LOCAL PLANS INTEGRATION & CAPACITY ASSESSMENT 18 Administrative and Technical Capacity  Community Development Board (CDB) Member or City Council Member with Formal Training in Planning: Having a Board Member or Council Member with formal training in planning would add to the City’s technical toolbox. Additional Recommendations for Improving Capacity In addition, the following recommendations will improve capacity:  Continue to Coordinate with Surrounding Jurisdictions: The City’s Emergency Manager is an active participant in County groups related to emergency preparedness and planning and disaster response and recovery and should continue participation in those groups. City staff from the Planning and Development and Economic Development and Housing Departments has participated in the development of Pinellas County’s PDRP and should continue to assist the County as its PDRP is adopted and implemented. Attachment number 3 \nPage 26 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 3: VULNERABILITY ANALYSIS 19 CHAPTER 3: VULNERABILITY ANALYSIS GENERAL DESCRIPTION The City of Clearwater is located in central Pinellas County, a peninsula on the west central coast of Florida, bordered on the west by the Gulf of Mexico and on the east by Tampa Bay. Clearwater is the second largest city in the County with 26.2 square miles of land area, 28 miles of coastline and approximately 107,685 residents, 19.8 percent of which are over 65 years of age.5 Clearwater has become virtually built out and experiences growth primarily through relatively small annexations and redevelopment projects. PREVIOUSLY CONDUCTED VULNERABILITY ANALYSES The review of existing local documents presented in the previous chapter indicates a number of vulnerability analyses that have already been performed. These include the FMP (updated 2009), the CEMP (updated 2012) and the Pinellas County LMS (updated 2009). The analyses contained in these three plans all identify hazards faced by the community and outline various ways the community is vulnerable to those hazards. This section of the Vulnerability Analysis chapter will summarize these analyses, present some of the key findings and draw conclusions based on those findings. 5 United States Census Bureau, 2010 Population Figure http://quickfacts.census.gov/qfd/states/12/1212875.html Floodplain Management Plan (FMP) Summary This plan focuses on the City’s vulnerability to tidal flooding, hurricanes and tropical storms, and seasonal flooding, and discusses several types of vulnerability including structural, demographic and land use as follows:  Breaks out, by land use, the number of parcels and structures within the floodplain and the aggregated estimated improved value of those structures (p. 13‐14).  Tallies the population living in special facilities (i.e., hospitals, nursing homes, assisted living facilities and ambulatory service centers) that are located in each flood insurance zone (p. 19‐20) and maps them (Figure 11). FIGURE 2: SUMMARY OF CONCLUSIONS Review of the previously conducted vulnerability analyses available in the Floodplain Management Plan (FMP), Comprehensive Emergency Management Plan (CEMP) and Local Mitigation Strategy (LMS), illustrate several key points:  Residential development is the largest use category located within the floodplain, so continued City participation in Federal flood hazard programs is critical.  The City is most vulnerable to hurricanes and tropical storms and tornadoes, so resources are best directed to mitigation efforts that reduce vulnerability to water and wind damage.  The City already participates in programs designed to reduce vulnerability to water and wind damage but should explore innovative mitigation techniques that further ensure disaster resiliency. Attachment number 3 \nPage 27 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 3: VULNERABILITY ANALYSIS 20  Lists the acreage of each land use within the floodplain (p. 23‐24).  Lists the number of critical facilities (fire stations, police stations, hospitals, storm/emergency shelters, airports, hazardous material storage site) by type in the floodplain (p. 25) and maps them (Figure 13). Key Findings  The land uses with the lowest number of parcels located in the floodplain include commercial (11 percent) and office (12 percent); the land uses with the highest number of parcels located in the floodplain include open space and recreation (63 percent) and preservation (71 percent) (p. 13‐14).  All new residential development and redevelopment within the floodplain must comply with FEMA requirements (p. 14).  Preservation and Recreation/Open Space Future Land Use classifications account for 31 percent of the floodplain and 11 percent of the entire City land area. Residential or commercial development is prohibited within these land use classifications (p. 15).  Twenty‐two percent of the City’s population lives within a defined VE, AE or A flood insurance zone (p. 19).  Five out of the 49 special facilities in the City are located within the floodplain (p. 20).  Since 1978, 235 repetitive loss flood insurance claims have been made on 89 properties within the City, amounting to $4,196,871 in flood insurance compensation. The Coastal Basin (Clearwater Beach, Sand Key and Island Estates) contains 80 percent of the City’s repetitive loss properties, amounting to $3,151,860 in flood insurance compensation (p. 20).  Seventeen percent (3,487‐acres) of the City’s land mass is located within the floodplain (p. 24).  Forty percent (1,379‐acres) of the land within the floodplain is residentially developed (p. 24).  Five percent of the land within the floodplain is vacant (p. 24).  Four percent of the unincorporated county land located within the City’s Planning Area is within the floodplain (p. 24).  Nineteen percent, or 10 out of 52, of the critical facilities located within the City are within the floodplain (p. 25). FIGURE 3: LAND USES LOCATED WITHIN THE FLOODPLAIN 29%40%31%Non-residentialResidentialPreservation and Recreation/Open SpaceAttachment number 3 \nPage 28 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 3: VULNERABILITY ANALYSIS 21 Conclusions The limited amount of land used for non‐residential purposes (29 percent) and the large amount of preservation and recreation/open space land uses (31 percent), within the floodplain reduces vulnerability to flooding (see Figure 3). Since 40 percent of the land within the floodplain is residentially developed, it is important that the City continue to participate in pre‐ and post‐flood hazard programs offered by the Federal government. Comprehensive Emergency Management Plan (CEMP) Summary This plan contains an overview of how vulnerable the City is to a list of hazards according to impact, frequency and distribution. These factors are summarized in a matrix (p. 12). Key Findings The City is most vulnerable to hurricanes and tropical storms, tornados, and hazardous materials facilities and transportation (p. 12). Conclusions Based on the City’s higher vulnerability to the hazard types mentioned above it is most important to continue to concentrate mitigation efforts on those that reduce vulnerability to water and wind damage. Local Mitigation Strategy (LMS) Summary This countywide plan contains hazard identification and risk assessment of those hazards. Of the three plans reviewed in this Chapter, the LMS contains the most extensive vulnerability analysis. Hazard modeling was used to assess the risk and impact in real terms (Mapping for Emergency Management, Parallel Hazard Information System or MEMPHIS). MEMPHIS produced data and maps which were obtained through simulation using the TAOS (The Arbiter of Storms) model, Department of Revenue (DOR) Tax Records and Census 2000 data. TAOS divided the county into hazard zones based on wind, wave, rainfall and storm surge perils. Potential dollar losses were calculated based on DOR Tax Records and Census 2000 data. MEMPHIS included data showing:  Persons and facilities living in the various hurricane evacuation zones (Table 4, p. Appendix 1‐11).  Analysis of each type of natural hazard (p. Appendix 1‐14 to 1‐30).  Structures at risk by flood insurance zone and aggregate value of those structures (Tables 10 and 11, p. Appendix 1‐20).  Aggregate property damage figures based on hurricane category (p. Appendix 1‐23 to 1‐24).  Number of structures and their aggregate value damaged by flood and wind event category, and flood zone category (Tables 21‐23, p. Appendix 1‐31).  Number of structures and their aggregate value damaged by wind zone category and by flood insurance category (Tables 24 and 25, p. Appendix 1‐32). This plan also includes:  Multi‐Jurisdiction Vulnerability Analysis table showing all the jurisdictions in Pinellas County and which hazards each is vulnerable to (Table 20, p. Appendix 1‐30).  Economic Loss Vulnerability Index System (ELVIS) showing the relative risk of various hazards through the use of loss costs (the long term average of the damage a hazard Attachment number 3 \nPage 29 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 3: VULNERABILITY ANALYSIS 22 causes) for Pinellas County as a whole and 32 municipalities or Census Designated Places (CDPs). Clearwater was not included in the break‐out communities (Appendix 1, Attachment 1).  Repetitive Loss Property Inventory, which includes properties for which two or more losses of at least $1,000 each have been paid by the NFIP over a rolling 10‐year period (Appendix 13). Key Findings  An estimated 588,434 Pinellas County residents are considered “population‐at‐risk” for a worst‐case Category 5 hurricane scenario (p. Appendix 1‐10).  In Pinellas County an estimated 254,695 structures totaling an aggregate value of $123.66 billion are located in high risk6 flood zone categories (p. Appendix 1‐20).  A Category 1 hurricane would result in an estimated 0.6 percent of total housing units, or 2,912 units, as uninhabitable in Pinellas County, and a Category 5 would result in an estimated 18.2 percent of total housing units, or 87,522 units, as uninhabitable (p. Appendix 1‐23 to 1‐24). (See Figure 4)  Mainland Clearwater is most vulnerable to storm winds while the Clearwater Beach area is most vulnerable to coastal flooding, storm winds and erosion (p. Appendix 1‐30).  The State of Florida has more repetitive loss properties than any other state in the nation, totaling 2,185,900, of which 15 percent are located in Pinellas County. The City 6 Federal Emergency Management Agency https://msc.fema.gov/webapp/wcs/stores/servlet/info?storeId=10001&catalogId=10001&langId=‐1&content=floodZones&title=FEMA%2520Flood%2520Zone%2520Designations of Clearwater accounts for only 6 percent of the repetitive loss properties in the County (Appendix 13). Conclusions Because much of Pinellas County is vulnerable to flooding and wind damage it is important to continue mitigation efforts, including participation in local, state and federal programs designed to reduce vulnerability. Additionally, it is important that new mitigation efforts are explored, such as a land acquisition program, new coastal protection policies, and a “code plus” flood mitigation incentive program. Several organizations promote code plus upgrades which are designed to strengthen a structure’s outer envelope (i.e., roof and wall systems, doors, windows and foundation).7 FIGURE 4: ESTIMATED IMPACT OF HURRICANES IN PINELLAS COUNTY 7 http://www.disaster‐resource.com/index.php 0100002000030000400005000060000700008000090000100000Category 1Category 2Category 3Category 4Category 5Number of Unihabitable Housing UnitsHurricane CategoryAttachment number 3 \nPage 30 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 3: VULNERABILITY ANALYSIS 23 RECOMMENDATIONS FOR FUTURE ANALYSES There are several kinds of vulnerability that a community may have, including geographic, structural, social and economic. The previously conducted analyses are limited for a number of reasons: they do not include an analysis of all types of vulnerability (the CEMP), they do not contain information for just the City of Clearwater (the LMS), and they are focused on only one hazard (the FMP). For these reasons it is recommended that future vulnerability analyses include all hazards and vulnerability types and be focused solely on the City of Clearwater. Opportunities for future analyses are shown in Table 2. The intent of these additional analyses is to provide a more accurate picture of the City’s vulnerabilities so the City can increase its disaster resiliency. Of increasing importance in coming years is the role of sea level rise in the vulnerability of coastal communities like Clearwater. According to the Florida Oceans and Coastal Council, sea level rise may cause substantial saltwater flooding of coastal property and infrastructure, greater vulnerability to storm surges and erosion and destruction of vital coastal habits.8 The Center for Operational Oceanographic Products and Services has been measuring sea level for over 150 years, with tide stations on all U.S. coasts.9 Many factors contribute to change in sea level including short‐term changes (e.g., tides, winter snow melt, storms) and long‐term changes (e.g., seasonal weather patterns, changes in ocean circulation). Adding to these variations are the effects of a changing climate which include changes in global temperatures, hydrologic cycles, coverage of glaciers and storm 8 Post‐Disaster Redevelopment Planning: Addressing Sea Level Rise During Long‐term Recovery, Florida Department of Economic Opportunity, Florida Division of Emergency Management, 2012 9 http://tidesandcurrents.noaa.gov/sltrends/sltrends.shtml frequency and intensity.10 Within the next 90 years it is projected that sea level will rise at least 8 inches and no more than 6.6 feet in the U.S. Using the National Oceanic and Atmospheric Administration’s (NOAA) Sea Level Rise viewer,11 Figure 5 shows the various possibilities of sea level rise for the portion of Clearwater on the Gulf of Mexico. PHOTOGRAPH 1: MARVIN NAUMAN, AUGUST 31, 2005, NAVARRE BEACH, FLORIDA 10 http://tidesandcurrents.noaa.gov/sltrends/faq.shtml#q2 11 http://www.csc.noaa.gov/slr/viewer/# Attachment number 3 \nPage 31 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 3: VULNERABILITY ANALYSIS 24 FIGURE 5: SEA LEVEL RISE SCENARIOS ONE FOOT OF SEA LEVEL RISE TWO FEET OF SEA LEVEL RISE THREE FEET OF SEA LEVEL RISE FOUR FEET OF SEA LEVEL RISE Attachment number 3 \nPage 32 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 3: VULNERABILITY ANALYSIS 25 FIGURE 5 (CONTINUED) FIVE FEET OF SEA LEVEL RISE SIX FEET OF SEA LEVEL RISE Attachment number 3 \nPage 33 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 3: VULNERABILITY ANALYSIS 26 TABLE 2: FUTURE VULNERABILITY ANALYSES Type of Analysis Description ObjectiveData SourcesCity Staff NeededDisaster Scenario Develop a disaster scenario and then show the impact Assess potential structural and economic losses from a hurricane event  Hazus-MH software  City GIS  Planning & Development  Information Technology Vulnerable Land Acquisition Remove vulnerable property from hazardous zones by analyzing the land uses within a defined hazard zone To aid in prioritizing limited funding for any land acquisition efforts  TBRPC  Pinellas County Property Appraiser’s Office (PCPAO)  City GIS  United States Geological Survey (USGS)  Planning & Development  Information Technology Nonconforming Structures Using a combination of GIS mapping and field work, develop a database of nonconforming structures located in hazardous zones Determine where nonconforming structures are and analyze impacts to post-disaster permitting  City GIS  Planning & Development Department Accela Program  PCPAO  Field work  Planning & Development  Information Technology Infrastructure and Public Facilities Update map showing where vulnerable infrastructure and public facilities are located To understand which infrastructure and public facilities are located in hazardous zones  City GIS  Planning & Development  Information Technology  Engineering Social Vulnerability Update map of special needs facilities and populations; map populations considered socially vulnerable (low income, minority, ages 5 and under, age 65 and over) To understand where socially vulnerable populations are located to better plan for long-term social recovery  City GIS  Census or American Community Survey (ACS)  Pinellas County Metropolitan Planning Organization  Planning & Development  Information Technology Business Vulnerability Determine which businesses are most vulnerable to disaster and then determine if those businesses are located in hazardous zones Determine where vulnerable businesses are located in the City and to develop strategies to aid them in becoming more resilient  City GIS  Planning & Development Department Accela Program  Economic Development Department  Chambers of Commerce  Planning & Development  Information Technology  Economic Development & Housing Historic Preservation Determine which historic sites and structures are located in hazardous zones To obtain data on which to base decisions regarding any change in policy or strategies of post-disaster permitting of historic sites and structures  City GIS  Florida Master Site File  Local historic preservation organizations  Planning & Development  Information Technology Sea Level Rise Map sea level rise with the storm surge categories To understand how sea level rise may further exacerbate the impacts of storm surge  City GIS  TBRPC  NOAA  USGS  Planning & Development  Information Technology Note: Appendix B includes details of data and software resources that can be used to accomplish various vulnerability analyses. Attachment number 3 \nPage 34 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 27 CHAPTER 4: ISSUES ISSUES DISCUSSION In order to develop goals, first issues need to be identified. Post‐Disaster Redevelopment Planning: A Guide for Florida Communities (October 2010) (referred to as the Guide throughout the rest of this Plan), a joint effort between the Florida Department of Community Affairs (now the Department of Economic Opportunity) and the Florida Division of Emergency Management (FDEM), provides a foundation for local governments to create post‐disaster redevelopment plans by outlining the issues that should ideally be addressed within such a plan. A discussion of each issue is essential in developing Plan Goals, Strategies and an Action Plan (Chapter 5 and Appendix C). The issues are divided according to six topic areas: Housing, Infrastructure and Public Facilities, Environment, Economic Redevelopment, Land Use and Health and Social Services. Each issue in the Guide is assigned a category: Minimum (suggested to be undertaken first), Recommended (suggested to be undertaken if resources are available) and Advanced (suggested once a community has a solid foundation for hazard mitigation and disaster recovery—these are best practices). The following section includes a brief description of each issue, how the issue is currently being addressed in Clearwater, and steps forward to ensure the issue is adequately addressed. Some issues, primarily those listed in the “Advanced” category are not currently addressed and will not be addressed as part of this original version of the Plan. However, once the City approves this Plan and completes the items listed in the Action Plan, these Advanced issues should be revisited as part of future planning efforts and revisions to this Plan. While there is always more planning that can be done to reduce vulnerability and increase resiliency, the City should begin by addressing the issues that are most critical and can be accomplished utilizing current staff resources and funding. Once these issues are addressed the City should address less critical issues and issues that require greater staff time and funding. Housing Temporary Housing Siting Criteria, Provision, and Removal (Minimum Achievement Level) Description of Issue Temporary housing provides a bridge for community residents from living in emergency shelters to inhabiting their homes following repair or reconstruction. Temporary housing can take many different forms including employer‐supplied temporary housing on commercial properties, group sites and temporary units on property where the existing primary residence is declared uninhabitable. FIGURE 6: CHAPTER 4 ISSUES ORGANIZATION Each issue contains the following analysis:  Description of Issue (i.e., Why does this matter?)  Clearwater Context (i.e., How does Clearwater approach this issue?)  Steps Forward (i.e., How do we ensure the issue is adequately addressed? Three possible outcomes.)  No steps forward, issue is adequately addressed in existing plans, documents or programs  Steps forward will be outlined in this Plan (Actions in Appendix C)  Steps forward will be addressed by future planning efforts and incorporated as this Plan is updated Attachment number 3 \nPage 35 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 28 PHOTOGRAPH 2: MARK WOLFE, OCTOBER 22, 2004, PORT CHARLOTTE, FLORIDA Clearwater Context Section 3‐2103.M of the City’s CDC addresses the location (allowable in all zoning districts) and time limit (18 months, or longer if authorized by resolution of the City Council) of temporary relocation tents or mobile homes. Pinellas County’s PDRP contains strategies for developing a disaster housing plan, including group site selection and a Temporary Housing Ordinance that would be applicable Countywide. The Pinellas County Community Development and Planning Departments drafted a Temporary Housing Ordinance while writing the County’s PDRP. A draft of the ordinance, dated March 2013, was reviewed by City staff. The ordinance addresses issues including where temporary housing can be located, for how long and conditions applicable to types of temporary housing (e.g., group sites). Steps Forward The City should continue to coordinate with Pinellas County in the development of the countywide Temporary Housing Ordinance and provide assistance, where applicable, in implementing the County’s PDRP actions relating to disaster housing. These items are formulated into actions in this Plan. Ability to Reconstruct Homes Rapidly (Minimum Achievement Level) Description of Issue Getting residents back in their homes is critical to the social and economic recovery of a community. Various factors increase how quickly this reconstruction can take place, including an adequate supply of material and labor, availability of licensed contractors and skilled construction workers, and expedited post‐disaster repair permitting and inspection processes. An issue not discussed in the Guide but connected to the ability to reconstruct homes rapidly relates to property division and proof of ownership following a catastrophic disaster. Following a storm markers may be covered by debris or even washed away, presenting issues in determining property division. There may also be a shortage of land surveyors available following a disaster since need exceeds typical demand. In addition, property owners may face difficulty in proving ownership. For example, following Hurricane Katrina, proof of ownership documents were lost or difficult to find and some property owners felt FEMA had inconsistent rules as to what documents were sufficient to serve as proof of ownership.12 12 Department of Homeland Security, Office of Inspector General. Efforts to Expedite Disaster Recovery in Louisiana. January 2012. Available at: http://www.oig.dhs.gov/assets/Mgmt/2012/OIG_12‐30_Jan12.pdf. Attachment number 3 \nPage 36 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 29 Clearwater Context Pinellas County’s PDRP addresses the issues relating to adequate supply of material and labor and availability of licensed contractors. The City’s Planning and Development Department addresses the issue of post‐disaster repair permitting and inspection processes through an internal document, Development Services Guide to After a Disaster. This document organizes the logistical operations of the Department by outlining assessment teams, permitting procedures, inspections and other considerations, but does not outline an expedited permitting or inspection process. The City is currently working on an Interlocal Agreement (in the draft stage) with Pinellas County to provide building plans reviewers and inspectors following a disaster. Section 4‐202 of the CDC sets forth required materials for applications for development approval, which would include building permits to repair or rebuild structures. The CDC gives the “Community Development Coordinator” (i.e., the Director of the Planning and Development Department) broad authority in determining which “plans and relevant support materials” are needed for permit applications. Current Planning and Development Department procedures require signed and sealed surveys for permits involving site work and vary by division in what legal instruments are sufficient in providing proof of ownership. This has the potential for confusion or frustration in a post‐disaster environment, similar to frustrations Hurricane Katrina survivors experienced with inconsistent application by FEMA. Steps Forward The City should continue to coordinate with the County in implementing its PDRP actions relating to the adequate supply of material, labor and licensed contractors. The City should update the internal document, Development Services Guide to After a Disaster to include expedited permitting and inspection processes. The City should continue to work with the County on an Interlocal Agreement that can be taken to City Council for approval. In addition, the City can explore agreements with other jurisdictions and private companies that provide building plans review and inspection services. The City should conduct more detailed research of the issue of property division following catastrophic disasters and challenges faced in surveying property post‐disaster. Development Services Guide to After a Disaster should also be updated to clarify which legal instruments will be acceptable as proof of ownership, for obtaining building permits, following a disaster. These items are formulated into actions in this Plan. PHOTOGRAPH 3: ED EDAHL, MAY 25, 2005, ACADIA, FLORIDA Attachment number 3 \nPage 37 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 30 Transitioning Residents Back to Permanent Housing (Recommended Achievement Level) Description of Issue While many residents will have the resources to repair or rebuild their homes on their own, others may require more assistance as they navigate disaster assistance programs and insurance claims. Clearwater Context This issue is more closely related to the Health and Social Services topic as it involves community outreach and counseling services. Pinellas County has thoroughly addressed this issue through their PDRP. Steps Forward The City should continue to coordinate with the County in implementing its PDRP actions that transition residents back to permanent housing. This item is formulated into an action in this Plan. Rebuilding Affordable Housing (Advanced Achievement Level) Description of Issue According to the Guide, low‐cost housing tends to be concentrated in older buildings and sections of town, is often disproportionately damaged, and displaced persons from this type of housing might not be able to afford rents in repaired or rebuilt buildings. Therefore, an effort needs to be made to replace affordable housing. PHOTOGRAPH 4: JOCYLYN AUGUSTINO, JULY 16, 2005, PENSACOLA, FLORIDA Clearwater Context The City has goals, objectives and policies regarding affordable housing in the Comprehensive Plan and existing programs for affordable housing in the Economic Development and Housing Department. The Housing Division of the Economic Development and Housing Department administers funding from three programs—CDBG and the HOME Investment Partnerships Program (HOME) which are Federal programs and the State Housing Initiatives Partnership program (SHIP) which is a state program. Funding from all three programs can be used for vouchers for temporary rental housing and repair and construction after a disaster. Following a disaster the U.S. Department of Housing and Urban Development (HUD) will contribute staff, on a temporary basis, to help the City in administering these programs. However, the Housing Division currently does not have a COOP to outline how the Department would respond after a disaster and how they would coordinate Attachment number 3 \nPage 38 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 31 with Federal staff. Section 3‐920 of the CDC offers a density bonus for developments that set a certain percentage of units aside as affordable. This incentive could prove especially useful in the post‐disaster redevelopment context. Pinellas County has also addressed this issue in its PDRP. Steps Forward The City should develop a COOP for the Housing Division, including how efforts will be coordinated with Federal HUD staff. The City should continue to coordinate with the County in implementing its PDRP actions relating to rebuilding affordable housing in addition to the City’s own efforts through the Housing Division of the Economic Development and Housing Department. These items are formulated into actions in this Plan. Encouraging Homeowners to Incorporate Mitigation During Rebuilding (Advanced Achievement Level) Description of Issue The primary housing goal following a disaster is to get people back into their permanent homes. However, homeowners should also be encouraged to take advantage of any mitigation opportunities to decrease vulnerability to disasters. Clearwater Context The current FBC, with an effective date of March 15, 2012, requires more mitigation than pre‐2002 codes. The FMP also outlines additional mitigation efforts that are available to homeowners. Pinellas County’s LMS includes an entire appendix outlining opportunities for mitigation. Steps Forward The City should continue to review and permit according to the FBC, work with residents on the programs outlined in the FMP and work with Pinellas County in implementing the LMS. These items are formulated into actions in this Plan. Infrastructure and Public Facilities Infrastructure for Temporary Recovery Operations (Minimum Achievement Level) Description of Issue Temporary infrastructure may be needed following a disaster, particularly if group sites are created. However, in greenfield communities there is often pressure to build permanent infrastructure to a site after the short‐term recovery phase if temporary infrastructure has already been extended to a group site. The presence of temporary infrastructure is believed to demonstrate that more permanent infrastructure is appropriate because the group site has already been cleared and given transportation access. Clearwater Context Since Clearwater has little vacant land (i.e., is a “built out” community) and has a defined Planning Area established through an interlocal agreement with the County, it is unlikely the City would face challenges typically associated with this issue. The City has the capability of providing stand‐by facilities for potable water and diversion pumps for sewage as long as the main structures have not been affected. City resources will be directed at restoring permanent infrastructure. Any possible group sites should be located on properties with access to permanent infrastructure. Steps Forward None, as issue is adequately addressed. Attachment number 3 \nPage 39 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 32 PHOTOGRAPH 5: GEORGE ARMSTRONG, SEPTEMBER 18, 2008, HILLIARD, FLORIDA Debris Management (Minimum Achievement Level) Description of Issue A large amount of clean‐up may be necessary following a disaster. Certain types of debris may require special handling to limit soil and water contamination. Additionally, vacant land may be required to temporarily store debris until it can moved to appropriate facilities. Clearwater Context The City’s Solid Waste Department currently has two disaster recovery debris removal contracts—a primary contractor and a secondary contractor. If the amount of debris to be collected, sorted and hauled is too much for the primary contractor, then the secondary contractor is brought in for additional help. The debris contracts are thorough and include all storm‐generated or disaster related debris including hazardous and industrial waste materials; each type of debris has an established pricing structure within the contract. The City’s contractors assist in tracking all debris through the various stages: from the damage site to the temporary storage site to final disposal; and assist the City with documenting and submitting necessary paperwork to FEMA for reimbursement. Steps Forward None, as issue is adequately addressed. Financing Infrastructure and Public Facilities Repair (Minimum Achievement Level) Description of Issue Following a disaster there is the potential for a great number of infrastructure and public facilities repairs or replacements. Because need is usually greater than resources, communities have to prioritize projects. Some of the factors that influence prioritization include a basic knowledge of what is covered under insurance policies, which projects are eligible for Federal funds or grant programs, the extent of City financial reserves and current Capital Improvement Programming. Clearwater Context The City is well positioned to finance infrastructure and public facilities repair. The Federal Government pays for at least 75 percent of all local infrastructure damage through Public Assistance funds.13 The City’s current insurance policies cover all City buildings and infrastructure, excluding underground piping, and are insured for losses resulting from a 100‐year storm, 13 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, and Related Authorities, June 2007, Section 406 https://www.fema.gov/library/viewRecord.do?fromSearch=fromsearch&id=3564 Attachment number 3 \nPage 40 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 33 according to a Probable Maximum Loss Study. A separate insurance policy covers City controlled bridges. In addition, the City has substantial bonding capacity, if needed to finance further repairs. Steps Forward None, as issue is adequately addressed. Infrastructure and Public Facilities Mitigation (Recommended Achievement Level) Description of Issue Following a disaster there may be opportunities to repair or rebuild infrastructure and public facilities so they are more resilient to future disasters. Clearwater Context Several Policies in the Comprehensive Plan acknowledge this opportunity and direct the City to mitigate future disasters by reconstructing facilities to minimize vulnerability. Steps Forward These items are formulated into actions in this Plan. Relocation of Vulnerable Infrastructure and Public Facilities (Advanced Achievement Level) Description of Issue To prevent repetitive damage to infrastructure and public facilities communities may consider relocating damaged infrastructure to less vulnerable areas, as opposed to rebuilding in the same location. PHOTOGRAPH 6: ANDREA BOOHER, JULY 11, 2005, NAVARRE BEACH, FLORIDA Clearwater Context The Comprehensive Plan contains two Policies that address this issue. Steps Forward These items are formulated into actions in this Plan. Regional Infrastructure Consideration (Advanced Achievement Level) Description of Issue Some infrastructure is regional in nature and may be under the jurisdiction of larger entities such as the County or State. These include bridges and high volume roadways. In order to recover quickly as a community, regional coordination and planning on these items is needed. Attachment number 3 \nPage 41 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 34 PHOTOGRAPH 7: GEORGE ARMSTRONG, JULY 3, 2012, LIVE OAK, FLORIDA Clearwater Context The City participates in a number of regional committees and organizations related to infrastructure, including the Pinellas County Metropolitan Planning Organization (MPO), the Tampa Bay Regional Planning Council (TBRPC), and the Tampa Bay Area Regional Transportation Authority (TBARTA). Pinellas County’s PDRP addresses the continued need for regional coordination in the Infrastructure Restoration Action Plan. Steps Forward The City should continue to coordinate shared infrastructure with countywide and regional organizations. This item is formulated into an action in this Plan. Enhanced Infrastructure Capacity to Priority Redevelopment Areas (Advanced Achievement Level) Description of Issue Some jurisdictions that participated in the State’s PDRP Pilot Program chose to designate certain areas as “Priority Redevelopment Areas” or PRAs. The concept behind PRAs is that following a disaster, limited public funds should be focused on the redevelopment of important community centers. This issue means that infrastructure should not only be restored to identified PRAs first, but the infrastructure may need to have enhanced capacity if density or intensity of development is increased to accommodate possible transfer of population from hazardous areas of the community to safer areas of the community. Clearwater Context The City has not identified any PRAs as of date. Steps Forward As the City identifies PRAs in future planning efforts, enhanced infrastructure in the PRAs is something that can also be explored. Further development of this issue should be included in future planning efforts and incorporated into updates of this Plan. Environment Beach and Dune Restoration (Minimum Achievement Level) Description of Issue Beaches and dunes offer natural protection from coastal flooding, especially on barrier islands like Clearwater Beach. They also provide nesting grounds for endangered sea turtles and beach‐nesting sea birds. Acceleration of sea level rise over the coming decades will intensify erosion, therefore increasing vulnerability. Attachment number 3 \nPage 42 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 35 PHOTOGRAPH 8: ANDREA BOOHER, JUNE 13, 2005, PENSACOLA BEACH, FLORIDA For these reasons dune protection and restoration is vital to the natural environment and the economy. Clearwater Context The Comprehensive Plan contains several Objectives and Policies related to erosion control and dune preservation and restoration. In addition, the Pinellas County PDRP lists decreasing erosion as an action and the LMS lists dune protection as an objective. Steps Forward The City should continue to reinforce Comprehensive Plan Objectives and Policies related to erosion control and dune preservation and restoration. These items are formulated into actions in this Plan. Environmental Contamination (Minimum Achievement Level) Description of Issue Spills, leaks or discharges of toxic chemicals into the environment can occur as a result of high winds, storm surge or flooding. Sources of environmental pollution include wastewater treatment facilities, hazardous storage facilities and gasoline from vehicles or boats. Clearwater Context The City’s Solid Waste Department’s contracts for disaster recovery services include the collection and disposal of hazardous and industrial waste materials and also accounts for clean fill dirt and sand screening that may be needed after a disaster. Any waterway pollution cleanup needs to be coordinated on a regional basis since water traverses jurisdictional boundaries. Pinellas County’s PDRP contains action items relating to waterway pollution. Steps Forward The City should assist the County in implementing its PDRP actions relating to waterway pollution cleanup. This item is formulated into an action in this Plan. Environmental and Historical Review of Temporary Sites (Minimum Achievement Level) Description of Issue Sites needed for temporary housing, businesses or debris management following a disaster may leave long‐term impacts on the sites. For this reason any project that receives federal funding is subject to review for compliance with the National Attachment number 3 \nPage 43 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 36 Environmental Policy Act (NEPA).14 There are exceptions to this, which are outlined in Title 44 of the Code of Federal Regulations (44 CFR) Section 10.8 (c) and (d)(2).15 The Stafford Act outlines exceptions, including a number of activities in support of disaster response and recovery, like debris removal, temporary housing (except group sites) and assistance to individuals and households.16 Clearwater Context The City should plan to comply with any requirements of NEPA not exempt under the Stafford Act. Even if an activity is believed to be exempt, the responsible Department Director should always contact the appropriate State and Federal agencies to confirm the activity is exempt. Steps Forward The City should coordinate environmental and historical reviews following a disaster. This item is formulated into actions in this Plan. Natural Land and Habitat Restoration (Recommended Achievement Level) Description of Issue Tidal wetlands, marshes, swamps, and mangroves protect against the inundation of flood waters by acting as a natural filtration system and serving as vital habitats for plants and animals. 14The Florida Greenbook: Environmental and Historic Preservation Compliance, Florida Division of Emergency Management, 2010, http://www.floridadisaster.org/Recovery/documents/FLGreenbook.pdf 15 http://www.gpo.gov/fdsys/pkg/CFR‐2007‐title44‐vol1/pdf/CFR‐2007‐title44‐vol1‐sec10‐8.pdf 16 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, and Related Authorities, June 2007, Sections 407 and 408. Clearwater Context The Comprehensive Plan contains several Objectives and Policies that support estuary and habitat restoration. Pinellas County’s PDRP addresses habitat restoration in the Environmental Restoration Action Plan. The LMS also lists habitat restoration as an objective. In addition, the Tampa Bay Estuary Program has a Habitat Master Plan that addresses habitat restoration. Steps Forward The City should assist the County in implementing its PDRP actions relating to natural land and habitat restoration and the Tampa Bay Estuary Program in implementing its Habitat Master Plan. In addition, the City should continue to reinforce Objectives and Policies from the Comprehensive Plan that support estuary and habitat restoration. These items are formulated into actions in this Plan. Green Rebuilding (Advanced Achievement Level) Description of Issue Devastation can provide opportunities to rethink how a community wants to build back. Green building, a suite of practices aimed at making more environmentally responsible and energy‐efficient buildings and sites, provides such an opportunity to build back stronger, safer and more resilient. For example, 90 percent of the City of Greensburg, Kansas was destroyed following a tornado in 2007. Despite this catastrophic loss the City pulled together and made the choice to rebuild in an environmentally friendly manner. As of date Greensburg has the most LEED (Leadership in Energy and Environmental Design) certified buildings per capita in the world.17 17 http://www.greensburgks.org/ Attachment number 3 \nPage 44 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 37 Clearwater Context The Comprehensive Plan contains an objective that directs the City of Clearwater to promote the use of green building. In addition, Clearwater Greenprint contains strategies relating to green building. Steps Forward The City should continue to implement strategies from Clearwater Greenprint that relate to green building. This item is formulated into an action in this Plan. Parks and Urban Forest Restoration (Advanced Achievement Level) Description of Issue Parks and urban forests can be severely damaged following a wind, fire or storm surge event. Since trees help reduce energy consumption, filter pollutants from air and water, recharge aquifers, and provide habitat for species their loss following a disaster impacts the quality of life. Restoring parks and forests is essential to the environmental and social health of the community. Re‐planting trees quickly without a broader strategy can increase vulnerability to the next storm, so it is important that professional arborists, the City and residents coordinate. Clearwater Context Clearwater Greenprint discusses tree canopy expansion and a community education program. Article 3, Division 12 of the CDC outlines the requirements for landscaping and tree protection on private property; this would still apply following a disaster. If certain types of plant material that are required by the CDC are difficult to obtain after a disaster, the applicant can use the Comprehensive Landscaping Program outlined in Section 3‐1202.G of the CDC, which allows for greater flexibility. Pinellas County’s PDRP states it will develop a re‐forestation plan in the Environmental Restoration Action Plan. Steps Forward The City should implement Land Use and Urban Form Strategy 4 “Greenspace Expansion” from Clearwater Greenprint. This item is formulated into an action in this Plan. As part of a future planning effort, the City should consider development of an Urban Forest Management Plan, which would include reforestation strategies following a disaster. Alternatively, the City could consider partnering with Pinellas County in the development of a reforestation plan. Once pursued, either of these options should be incorporated to future updates of this Plan. Economic Redevelopment Resumption and Retention of Major Employers (Minimum Achievement Level) Description of Issue Since employment is a primary reason for residents to return and rebuild quickly after a disaster, it is important for major employers to get back to business as soon as possible. Most major employers already have business continuity plans, but government can help in other ways. One way to help is for the City to aid businesses located in hazardous areas in relocating, temporarily or permanently, within the community. Clearwater Context The Comprehensive Plan contains a Policy stating the City will coordinate with businesses to aid in disaster planning and recovery for businesses in the coastal storm area. Pinellas County’s PDRP contains actions and strategies aimed at getting businesses up and running again. Attachment number 3 \nPage 45 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 38 PHOTOGRAPH 9: JOCELYN AUGUSTINO, NOVEMBER 5, 2005, BIG PINE KEY, FLORIDA Steps Forward The City should continue to coordinate with the County in implementing its PDRP actions relating to business resumption and retention. The City should also implement the Policy in the Comprehensive Plan that coordinates with businesses in disaster planning and recovery. These items are formulated into actions in this Plan. Small Business Assistance (Minimum Achievement Level) Description of Issue Small businesses usually comprise the majority of businesses in a community and are less likely than large businesses to reopen or succeed following a disaster. In fact, approximately 40 to 60 percent of small businesses never reopen following a disaster.18 The State of Florida offers bridge loans,19 but only for businesses that suffer physical damage, so businesses that simply have their normal operations interrupted or experience indirect impacts do not qualify. In reaching out to small businesses it is important to remember there are really two groups with different needs to consider—the small business owner and the property owner, since often small businesses do not own the land or building where they operate. Small business owners should carry insurance related to covering the loss of personal property (e.g., office equipment and supplies, furniture and inventory) and income. These include business continuity or business income and interruption insurance. Property owners should carry insurance relating to the loss of real property (e.g., land and buildings). Home and business insurance does not cover flood damage from a hurricane—these insurance policies must be purchased through the NFIP. Clearwater Context The Comprehensive Plan contains a strategy that states the City will coordinate with the Chambers of Commerce in developing an informational program about hurricane preparedness for local businesses. The Economic Development Department already gives emergency response guides, developed in 2011 with the help of the City’s Emergency Manager, to businesses in Clearwater. In 2011 the City Council created the Clearwater Business Task Force as a result of concerns over the environment facing businesses in the City. One of the recommendations of the Business Task Force’s Final Report was that the City should establish emergency land use, zoning and permitting Codes to deal with a major natural disaster, and that these provisions should allow affected businesses to immediately relocate to other 18 http://www.preparemybusiness.org/ 19 http://www.floridadisasterloan.org/ Attachment number 3 \nPage 46 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 39 areas in the City to continue operations. Pinellas County’s PDRP contains strategies and actions related to assisting small business. Steps Forward The City should coordinate with the Chambers of Commerce in developing an informational program about hurricane preparedness for local businesses. The City should provide more information on disaster recovery to small businesses through the existing business visitation program. The City should coordinate seminars that help small businesses prepare for disasters through the Pinellas County Economic Development Small Business Development Center. To address the concern of the Business Task Force, the City can establish emergency provisions that would allow businesses affected by disasters to temporarily relocate to other parts of the City. The City should also continue to coordinate with the County in implementing its PDRP actions related to small business assistance. These items are formulated into actions in this Plan. Workforce Retention (Recommended Achievement Level) Description of Issue In order for businesses to function following a disaster there must be a workforce to fill the positions. To retain employees, schools need to be open, childcare needs to be available and people need places to live. Clearwater Context Pinellas County’s PDRP addresses several of these issues (e.g., schools and childcare). The City addresses the rebuilding of housing through existing documents and will also develop strategies and actions as part of this Plan. Steps Forward The City should assist the County in implementing its PDRP actions related to temporary housing and awareness of employment opportunities in addition to the City’s own efforts in ensuring the availability of housing. These items are formulated into actions in this Plan. Tourism Renewal (Recommended Achievement Level) Description of Issue Clearwater is heavily reliant on the success of the tourism industry so it is vital following a disaster that our community is viewed as being “back in business.” A big part of getting tourists back is restoring the attractions that draw them here—the beaches, entertainment and cultural attractions. Media outlets may be more interested in showing visual images of devastation, negative reports and shortfalls in emergency response rather than restoration of beaches, success stories, and incremental improvement. A unified regional media strategy will create more success through aggregated resources. Clearwater Context Pinellas County’s PDRP contains actions and strategies designed specifically to help tourism related businesses following disasters. For example, one action states that local annual events and festivals should resume and be promoted and another states that strategic staged marketing and public relations campaigns should be developed. Steps Forward The City should continue to coordinate with the County in implementing its PDRP actions related to ensuring tourism returns after a disaster. The City should also coordinate with the Clearwater Regional Chamber of Commerce and the Clearwater Attachment number 3 \nPage 47 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 40 Beach Chamber of Commerce in development of a media campaign designed to bring tourism back to the area following a disaster. These items are formulated into actions in this Plan. Physical Economic Redevelopment Projects (Advanced Achievement Level) Description of Issue Opportunities may arise after a disaster to start planned physical economic development projects or create new projects that use post‐disaster funding or available land. CRA districts and Enterprise Zones can be great locations to focus post‐disaster redevelopment projects since these districts have special financing tools, like tax increment financing. Clearwater Context The City’s Downtown CRA currently has a number of grant programs and strategic plans. Steps Forward The City should continue to implement the current CRA programs and plan following a disaster. This item is formulated into an action in this Plan. Opportunities to Sustainably Restore Economic Vitality (Advanced Achievement Level) Description of Issue A disaster may provide the opportunity for businesses to assess their long‐term niche in the local market and take advantage of any changes in demographics or business incentives that may occur as a result of the disaster. An already struggling business may need to rethink its business plan and use the disaster as an entrepreneurial impetus to redefine its purpose. Communities with a diverse spectrum of businesses will be better poised for recovery following a disaster, so any efforts to diversify the local economy should continue. Clearwater Context The Economic Development Strategic Plan outlines strategies that identify several target industries that will diversify Clearwater’s economy (for further information see the review of the Strategic Plan in Chapter 2). Steps Forward The City should continue to implement strategies from the Economic Development Strategic Plan in an effort to sustainably restore economic vitality after a disaster. This item is formulated into an action in this Plan. Land Use Phased Reconstruction and Streamlined Permitting (Minimum Achievement Level) Description of Issue If there are no procedures for differentiating between various types of permit applications and when they will be processed, planning and development staff could be overwhelmed and the critical permits that need to be issued for recovery to advance could be delayed. Clearwater Context The Comprehensive Plan contains Policies that state temporary building moratoriums may be declared and requires this Plan to distinguish between building permits needed for immediate repair and those related to long‐term repair. The document Development Services Guide to After a Disaster organizes logistical operations of the Planning and Development Department but does not outline a streamlined permitting process. The CDC Attachment number 3 \nPage 48 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 41 establishes rules regarding what can be permitted with a building permit and what requires a special approval process, such as a hearing before the Development Review Committee (DRC) or CDB. Each of these hearings has specified procedures including required public noticing and time frames for review of applications. Steps Forward Due to public perception of moratoria, City staff discussion concluded that developing temporary moratoria is not a direction the City would likely pursue. However, this should not limit efforts of future staff and the City Council to move forward with any such efforts. The document Development Services Guide to After a Disaster should be updated to address permit review and inspection timing. In order to further streamline permitting for properties subject to special area plans (e.g., Beach by Design, Clearwater Downtown Redevelopment Plan), the City should examine what items require administrative approval versus approval from the CDB and consider a post‐disaster policy framework that would allow for a shift to administrative approval for certain items. The City should also review requirements for public hearings and time frames for review of applications in the context of a post‐disaster development setting. These items are formulated into actions in this Plan. Build Back Standards for Nonconforming and Substantially Damaged Structures (Minimum Achievement Level) Description of Issue Nonconforming and substantial damage policies generally state that a structure must be rebuilt to current adopted standards once it meets a certain damage threshold. Clearwater Context The City of Clearwater uses the 50 percent rule—meaning if a structure sustains damage where the cost of restoring the structure would equal or exceed 50 percent of the market value of the structure, then the structure must be brought into compliance with the City’s flood damage prevention regulations, including elevating the building to or above the 100‐year flood elevation. Any nonconforming structure that is destroyed or damaged to 50 percent or more of the assessed value of the structure must comply with the current CDC. CDC Section 6‐109.B. provides a way for structures that are nonconforming with respect to density to be reconstructed on the same parcel, provided approval from the CDB is obtained. These rules would still apply after a disaster. Steps Forward None, as issue is adequately addressed. Controlling Long‐term Post‐disaster Blight (Recommended Achievement Level) Description of Issue If some residents chose not to return to their homes or lack necessary funds to repair them after a disaster it could result in blight throughout the community. Blight abatement after a disaster could be beyond the capability of current local code enforcement procedures. Clearwater Context The CDC outlines code enforcement proceedings and penalties in Part I, Article 7. Procedures vary depending on if the violation is a non‐nuisance case versus a nuisance case. Nuisances are defined in Section 3‐1503 of the CDC and include situations typical following a devastating disaster—abandoned or boarded up Attachment number 3 \nPage 49 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 42 buildings, accumulation of weeds, debris, trash and the like. Section 7‐103 of the CDC outlines the remedies and penalties for properties that are determined to have a nuisance by the Municipal Code Enforcement Board. Remedies and penalties include fines, repairs under the authority of the City Manager, agreements to abate the nuisance, liens, stopwork orders and revocations of permits. Steps Forward The City should review its procedures for the demolition of unsafe structures for opportunities to streamline the process so these structures are addressed in a timely manner before they severely impact the surrounding neighborhood. This item is formulated into actions in this Plan. PHOTOGRAPH 10: ANDREA BOOHER, JULY 22, 2005, GREEN POINT, FLORIDA Reducing Disaster Vulnerability through Voluntary Mitigation Programs (Recommended Achievement Level) Description of Issue Resilience to future disasters can be increased by building back differently in high hazard locations after a disaster. This can be accomplished through voluntary programs like transfer of development rights and mitigation incentives. A transfer of development rights program that includes criteria for decreasing development rights in hazardous locations by transferring them to more sustainable areas would be an example of reducing disaster vulnerability through a voluntary mitigation program. Clearwater Context The City currently has a transfer of development rights program as outlined in Article 4, Division 14 of the CDC. However the program is rarely used. There are currently no incentives provided by the City for voluntary mitigation programs, but the LMS lists voluntary mitigation programs as an Objective to pursue. Steps Forward The City’s transfer of development rights program should be evaluated and updated if changes can be made that will increase use of the program. As part of the LMS, the City should explore the possibility of developing voluntary mitigation programs. These items are formulated into actions in this Plan. Prioritizing Areas to Focus Redevelopment (Advanced Achievement Level) Description of Issue Some jurisdictions that participated in the State’s PDRP Pilot Program chose to designate certain areas as “Priority Redevelopment Areas” or PRAs. The concept behind PRAs is that following a disaster, limited public funds should be focused on the Attachment number 3 \nPage 50 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 43 redevelopment of important community centers. For example, Hillsborough County followed this approach and included several different categories of PRAs including Sustainable Regional PRA, Sustainable Community PRA, Vulnerable Location‐Dependent PRA and Vulnerable Established Community PRA. (This issue is related to “Enhanced Infrastructure Capacity to Priority Redevelopment Areas” issue in Infrastructure and Public Facilities section of this Chapter.) Clearwater Context The City has not identified any PRAs as of date. Steps Forward The City should consider identifying PRAs in future planning efforts and incorporating them into updates of this Plan. Historic Preservation and Restoration (Advanced Achievement Level) Description of Issue Historic resources are valuable to communities because they build sense of place and foster community pride, so their loss following a disaster can be devastating. Historic structures may be particularly vulnerable to damage due to their age and repair can be complicated to navigate due to desire to maintain their character and historic designation. Clearwater Context The CDC contains provisions on Historic Preservation (Article 3, Division 10) and a process for designating structures as historic (Section 4‐607) but the City lacks a comprehensive plan for identifying, evaluating and protecting these resources. Steps Forward There are many issues unique to historic preservation and restoration that should be explored by the City in future planning efforts and incorporated into updates to this Plan. Reducing Disaster Vulnerability through Land Use and Development Regulations (Advanced Achievement Level) Description of Issue The easiest way to reduce vulnerability is by restricting rebuilding in hazardous locations and requiring mitigation where vulnerable redevelopment cannot be precluded. However, given the legal context for private property rights this is not easy to achieve. There are smaller steps communities can take like establishing special permit requirements, increased setbacks from hazard sources like a waterway, and hazard‐specific site design requirements. Clearwater Context Regulations, like setbacks, are currently outlined according to zoning district in the CDC. There are a few additional setback criteria that apply to waterfront properties, including provisions that protect certain water views from encroachment by structures and landscaping, in order to preserve sight visibility triangles (Section 3‐904) and establish that structures cannot be seaward of the Coastal Construction Control Line (CCCL) (Section 3‐905). But there are no special setback requirements aimed at reducing disaster vulnerability or hazard‐specific site design requirements. However, the CDC is a flexible code with an existing framework that lends itself to future development of such provisions. Attachment number 3 \nPage 51 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 44 PHOTOGRAPH 11: MARK WOLFE, FEBRUARY 2, 2007, LAKE COUNTY, FLORIDA Steps Forward The City should explore land use and development regulations aimed at reducing disaster vulnerability. This item is formulated into actions in this Plan. Health and Social Services Some issues are better addressed on a countywide or regional scale. This is the case for the following health and social services issues outlined in the Guide:  Health Facility Restoration  Social Service Provision to Socioeconomic Vulnerable Populations  Public Safety Service Levels Re‐established Throughout the Community  Coordination and Assistance for Non‐Governmental Organizations and Volunteers  Provide for Special Needs Populations Throughout Long‐Term Redevelopment  Public Transportation Restoration and Improvement  Schools, Higher Education Reopened  Mental and Behavioral Health Assistance  Medical Personnel Retention and Recruitment  Health‐Related Pollution and Environmental Justice  Quality of Life Factors The City should continue to work as a partner with Pinellas County in providing assistance in implementing applicable actions from its PDRP Health and Human Services Action Plan. ISSUES SUMMARY The discussion above indicates several issues that the City has already thoroughly addressed, as well as highlights where further work needs to be done, either through this Plan or future planning efforts. Table 3 summarizes the context of these issues in Clearwater, sorting each issue into one of the three Guide categories (Minimum, Recommended or Advanced) and outlines next steps forward. These items are formulated into actions in this Plan.Attachment number 3 \nPage 52 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 45 TABLE 3: POST‐DISASTER REDEVELOPMENT ISSUES SUMMARY Issue Existing ContextSteps ForwardCategory: Housing Temporary housing siting criteria, provision, and removal*  Clearwater CDC Section 3-2103.M  Pinellas County PDRP, Land Use, Housing and Mitigation Action Plan, actions related to disaster housing  Pinellas County’s Temporary Housing Ordinance (Draft March 2013)  Continue to coordinate with Pinellas County in the development of the countywide Temporary Housing Ordinance and provide assistance in implementing the County’s PDRP actions relating to disaster housing  These items have been formulated into actions in this Plan Ability to reconstruct homes rapidly*  Pinellas County PDRP, Construction, Permitting and Historic Preservation Action Plan, strategies and actions related to the adequate supply of material and labor and availability of licensed contractors  Clearwater Planning & Development Department’s Development Services Guide to After a Disaster  Interlocal Agreement with Pinellas County (Draft 2012)  Clearwater CDC Section 4-202  Assist Pinellas County with implementation of strategies and actions related to the adequate supply of material and labor and availability of licensed contractors  Update Development Services Guide to After a Disaster  Enter into Interlocal Agreement with Pinellas County  Explore agreements with other jurisdictions and private companies that provide building plan review and inspection services  The City should conduct more detailed research of the issue of property division following catastrophic disasters and challenges faced in surveying property post-disaster  These items have been formulated into actions in this Plan Transitioning residents back to permanent housing**  Pinellas County PDRP, Construction, Permitting and Historic Preservation Action Plan, strategies and actions related to transitioning residents back to permanent housing  Pinellas County PDRP, Health and Human Services Action Plan  Assist the County in implementing its PDRP actions that transition residents back to permanent housing  This item has been formulated into an action in this Plan Attachment number 3 \nPage 53 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 46 Issue Existing ContextSteps ForwardRebuilding affordable housing***  Clearwater Comprehensive Plan, Housing Element  Economic Development & Housing Department Documents (Consolidated Plan, Neighborhood Revitalization Strategy)  Clearwater CDC Section 3-920  Pinellas County PDRP, Land Use, Housing and Mitigation Action Plan, strategies and actions related to building disaster-resilient affordable housing  Develop a COOP for the Housing Division  Assist Pinellas County with implementation of strategies and actions related to building disaster-resilient affordable housing  These items have been formulated into actions in this Plan Encouraging homeowners to incorporate mitigation during rebuilding***  FBC  Clearwater FMP, Project B.4 and B.6 (p. 43-44)  Pinellas County LMS, Appendix 4  Continue to permit in accordance with the FBC and provide information regarding mitigation programs outlined by the FMP  Assist Pinellas County with implementation of the LMS, Appendix 4  These items have been formulated into actions in this Plan Category: Infrastructure and Public UtilitiesInfrastructure for temporary recovery operations*  Stand-by facilities for potable water and diversion pumps for sewage  Focus on restoration of permanent infrastructure  None, as issue is adequately addressed Debris management*  City of Clearwater Solid Waste Department Debris Management Plan, Contracts for Emergency Debris Removal Services  None, as issue is adequately addressed Financing infrastructure and public facilities repair*  FEMA Public Assistance Funds  Insurance policies for buildings, infrastructure and City bridges  Bonding capacity  CIP  None, as issue is adequately addressed Infrastructure and public facilities mitigation **  Clearwater Comprehensive Plan, Policies E.4.1.2, E.4.1.4 and E.4.1.6  These Policies have been formulated into actions in this Plan Relocation of vulnerable infrastructure and public facilities***  Clearwater Comprehensive Plan, Policies E.4.1.4 and E.4.2.2  These Policies have been formulated into actions in this Plan Attachment number 3 \nPage 54 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 47 Issue Existing ContextSteps ForwardRegional infrastructure consideration***  Coordination with regional organizations (MPO, TBRPC and TBARTA)  Pinellas County PDRP, Infrastructure Restoration Action Plan, strategies and actions relating to opening transportation corridors  Continue to coordinate with the MPO, TBRPC and TBARTA in planning regional infrastructure  Assist Pinellas County with implementation of strategies and actions relating to opening transportation corridors  These items have been formulated into actions in this Plan Enhanced infrastructure capacity to priority redevelopment areas***  No PRAs currently identified  Further development of this issue should be included in future planning efforts and incorporated into updates of this Plan Category: Environment Beach and dune restoration*  Clearwater Comprehensive Plan, Objectives E.1.1, E.2.2, E.2.4 and F.1.6 and Policies A.1.1.9, E.2.2.1, and E.2.2.2  Pinellas County PDRP, Environmental Restoration Action Plan, action relating to the development of incentives for relocating away from high risk areas  Continue to reinforce Comprehensive Plan Objectives and Policies  Assist Pinellas County with implementation of the action relating to the development of incentives for relocating away from high risk areas  These items have been formulated into actions in this Plan Environmental contamination*  Solid Waste Contracts for Emergency Debris Removal Services  Pinellas County PDRP, Environmental Restoration Action Plan, strategies and actions related to intergovernmental coordination in assessing and monitoring environmental contaminants  Coordinate with Pinellas County with implementation of actions related to intergovernmental coordination in assessing and monitoring environmental contaminants  This item has been formulated into an action in this Plan Environmental and historical review of temporary sites*  National Environmental Policy Act (NEPA)  Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, and Related Authorities (June 2007)  These items have been formulated into actions in this Plan Attachment number 3 \nPage 55 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 48 Issue Existing ContextSteps ForwardNatural land and habitat restoration**  Comprehensive Plan, Objective E.2.1, Policies E.3.1.3, E.3.1.5 and G.1.5.6  Pinellas County PDRP, Environmental Restoration Action Plan, strategies and actions related to restoring the most viable habitats first  Pinellas County LMS, Appendix 4, Objective 3.7  Tampa Bay Estuary Program’s Habitat Master Plan  Continue to implement the Comprehensive Plan  Assist Pinellas County with implementation of strategies and actions related to restoring the most viable habitats first  Assist Pinellas County and the Tampa Bay Estuary Program with implementation of the Habitat Master Plan  These items have been formulated into actions in this Plan Green rebuilding***  Comprehensive Plan Objective C.1.10  Clearwater Greenprint  Continue to implement Clearwater Greenprint  This item has been formulated into an action in this Plan Parks and urban forest restoration***  Clearwater Greenprint, Land Use and Urban Form Strategy 4  Pinellas County PDRP, Environmental Restoration Action Plan, action related to development of a reforestation plan  Continue to implement Clearwater Greenprint o This item has been formulated into an action in this Plan  Future planning efforts should include development of an Urban Forest Management Plan or assisting the County with development of a reforestation plan Category : Economic Redevelopment Resumption and retention of major employers*  Comprehensive Plan Policy E.5.1.1  Pinellas County PDRP Economic Restoration Action Plan, strategies and actions related to business resumption and retention  Implement the Policy in the Comprehensive Plan that coordinates with businesses in disaster planning and recovery  Assist Pinellas County with implementation of strategies and actions related to business resumption and retention  These items have been formulated into actions in this Plan Attachment number 3 \nPage 56 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 49 Issue Existing ContextSteps ForwardSmall business assistance*  Comprehensive Plan Policy E.5.1.2  Emergency Response Guides distributed by Economic Development Department to businesses  2011 Business Task Force Final Report  Pinellas County PDRP Economic Restoration Action Plan actions relating to small business assistance  Implement the Policy in the Comprehensive Plan that coordinates with the Chambers of Commerce in developing an informational program for local businesses  Provide more information on disaster recovery to small businesses through the existing business visitation program  Coordinate seminars that help small businesses prepare for disasters through the Pinellas County Economic Development Small Business Development Center  To address the concern of the Business Task Force, the City should establish emergency provisions that allow businesses affected by disasters to temporarily relocate to other parts of the City  Assist Pinellas County with implementation of strategies and actions related to small business assistance  These items have been formulated into actions in this Plan Workforce retention**  Pinellas County PDRP Economic Restoration Action Plan actions related to temporary housing and awareness of employment opportunities  Forthcoming strategies and actions of this Plan related to ensuring the availability of housing  Assist the County in implementing its PDRP actions related to temporary housing and awareness of employment opportunities  This item has been formulated into an action in this Plan Tourism renewal**  Pinellas County PDRP Economic Restoration Action Plan strategies related to ensuring tourism returns after a disaster  Continue to coordinate with the County in implementing its PDRP actions related to ensuring tourism returns after a disaster  Coordinate with the Clearwater Regional Chamber of Commerce and the Clearwater Beach Chamber of Commerce in development of media campaign designed to bring tourism back to the area after a disaster  These items have been formulated into actions in this Plan Attachment number 3 \nPage 57 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 50 Issue Existing ContextSteps ForwardPhysical economic redevelopment projects***  CRA grant programs and strategic plans  Continue to implement CRA grant programs and strategic plans  This item has been formulated into actions in this Plan Opportunities to sustainably restore economic vitality***  Economic Development Strategic Plan strategies  Continue to implement the Economic Development Strategic Plan strategies  This item has been formulated into actions in this Plan Category: Land Use Phased reconstruction and streamlined permitting*  Comprehensive Plan Policies E.4.1.5 and E.4.2.1  Clearwater Planning & Development Department’s Development Services Guide to After a Disaster  CDC, Part I, Article 4  Update Development Services Guide to After a Disaster to include provisions for streamlined permitting  This item has been formulated into actions in this Plan Build back standards for nonconforming and substantially damaged structures*  Clearwater CDC Section 6-102  Clearwater CDC Section 6-109.B  None, as issue is adequately addressed Controlling long‐term post‐disaster blight**  Clearwater CDC Part I, Article 7, Section 3-1503 and Section 7-103  Review procedures and timing in the demolition of unsafe structures  This item has been formulated into actions in this Plan Reducing disaster vulnerability through voluntary mitigation programs**  Clearwater CDC Article 4, Division 14  LMS, Appendix 4, Objectives 1.5, 2.3, 2.4, 3.3, 3.4, 4.3, and 4.4  Evaluate the City’s TDR program  Continue to participate in the LMS and consider development of voluntary mitigation programs  These items have been formulated into actions in this Plan Prioritizing areas to focus redevelopment***  No PRAs currently identified  Further development of this issue should be included in future planning efforts and incorporated into updates of this Plan Historic preservation and restoration***  Clearwater CDC Article 3, Division 10 and Section 4-607  Further development of this issue should be included in future planning efforts and incorporated into updates of this Plan Reducing disaster vulnerability through land use and development regulations***  Clearwater CDC Sections 3-904 and 3-905  The City should explore land use and development regulations aimed at reducing disaster vulnerability  This item has been formulated into actions in this Plan Attachment number 3 \nPage 58 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 51 Issue Existing ContextSteps ForwardTable Notes: 1. Post-Disaster Redevelopment Planning: A Guide for Florida Communities divides the issues into three categories: * Minimum—suggested to be undertaken first ** Recommended—suggested to be undertaken if resources are available *** Advanced—suggested once a community has a solid foundation for hazard mitigation and disaster recovery (these are best practices) 2. The category “Health and Social Services” contains 11 issues, which are addressed by Pinellas County’s PDRP. Since these issues are better addressed on the countywide scale this Plan does not include an analysis of each issue, but rather recommends that the City should assist the County with applicable actions contained in its PDRP. Attachment number 3 \nPage 59 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 4: ISSUES 52 This page intentionally blank.Attachment number 3 \nPage 60 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 5: PLAN GOALS 53 CHAPTER 5: PLAN GOALS The goals, strategies and actions contained within this Chapter and associated Appendix C, are based on the issues discussed in the previous chapter. In summary, issues were assessed according to current plans, documents and practices within the City of Clearwater, including intergovernmental coordination. Then issues were assigned steps forward into one of three categories: (1) Adequately addressed; (2) Addressed by this Plan; and (3) Addressed in future planning efforts. Figure 7 summarizes the issues according to these three categories; issues in categories (1) and (3) will not be addressed in this Chapter or Plan. Issues in category (2) are included in the goals and strategies outlined below and the Action Plan included as Appendix C to this Plan. GOALS 1. Housing and Structural Repairs: Facilitate permissible reconstruction in a timely manner while decreasing the vulnerability of structures to future disasters. 2. Infrastructure and Public Facility Recovery: Restore utilities and repair infrastructure efficiently, while considering mitigation in long‐term redevelopment of infrastructure to ensure that public investments minimize future damage. 3. Environmental Restoration: Protect and enhance natural resources to mitigate future disasters. 4. Economic Resumption: Assist businesses in adequately preparing for a disaster and enhance their ability to recover from a disaster. 5. Land Use and Development: Facilitate redevelopment in a timely manner, while seizing opportunities for mitigation. FIGURE 7: ISSUES SUMMARY  Adequately Addressed  Infrastructure for Temporary Recovery Operations  Debris Management  Financing Infrastructure and Public Facilities Repair  Build Back Standards for Nonconforming and Substantially Damaged Structures  Addressed by this Plan  Temporary Housing Siting Criteria, Provision, and Removal  Ability to Reconstruct Homes Rapidly  Transitioning Residents Back to Permanent Housing  Rebuilding Affordable Housing  Encouraging Homeowners to Incorporate Mitigation During Rebuilding  Infrastructure and Public Facilities Mitigation  Relocation of Vulnerable Infrastructure and Public Facilities  Regional Infrastructure Consideration  Beach and Dune Restoration  Environmental Contamination  Environmental and Historical Review of Temporary Sites  Natural Land and Habitat Restoration  Green Rebuilding  Resumption and Retention of Major Employers  Small Business Assistance  Workforce Retention  Tourism Renewal  Physical Economic Redevelopment Projects  Opportunities to Sustainably Restore Economic Vitality  Phased Reconstruction and Streamlined Permitting (streamlined permitting and review timeframes)  Controlling Long‐term Post‐disaster Blight  Reducing Disaster Vulnerability through Voluntary Mitigation Programs  Reducing Disaster Vulnerability through Land Use and Development Regulations  Health and Social Services Issues  Addressed in Future Planning Efforts  Enhanced Infrastructure Capacity to Priority Redevelopment Areas  Parks and Urban Forest Restoration  Phased Reconstruction and Streamlined Permitting (moratoria)  Prioritizing Areas to Focus Redevelopment  Historic Preservation and Restoration Attachment number 3 \nPage 61 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 5: PLAN GOALS 54 STRATEGIES 1. Streamline Permitting 2. Get Back to Business 3. Decrease Vulnerability 4. Continue Implementation of City of Clearwater Guiding Documents 5. Continue Intergovernmental Coordination ACTION PLAN The Action Plan contains items that need to be accomplished to implement the Goals and Strategies outline above. Some actions need to take place during the pre‐disaster phase, while others apply only after a disaster strikes. The Action Plan is not an exhaustive list, but a working document that can be updated as needed. Completed actions that do not need to be implemented after every disaster can be taken off the list and included in an appendix in future updates as a record of accomplishments. Each action includes the timeframe for implementation and responsible agency, as well as required collaborating agencies and any resources needed to accomplish the action. Not all five Goals need all five Strategies outlined in this chapter to be fully achieved. While some goals need all the strategies, others may only need three of the five to accomplish the overall goal. The Action Plan is included as Appendix C to this Plan. PHOTOGRAPH 12: MARK WOLFE, SEPTEMBER 19, 2004, PORT CHARLOTTE, FLORIDA Attachment number 3 \nPage 62 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 6: COMMUNICATIONS PLAN 55 CHAPTER 6: COMMUNICATIONS PLAN Clear communication of recovery and redevelopment information is an essential component in building a more disaster resilient Clearwater. Communication during the emergency response phase of the disaster cycle is addressed by the CEMP, so this Plan addresses issues in the pre‐disaster and long‐term recovery and redevelopment phases. The purpose of this chapter is to outline how the City of Clearwater will communicate long‐term recovery and redevelopment information to the public as well as how this information will be communicated internally. The first step in accomplishing this purpose is evaluating the City’s current capacity to communicate. PHOTOGRAPH 13: GEORGE ARMSTRONG, SEPTEMBER 4, 2008, TALLAHASSEE, FLORIDA COMMUNICATIONS CAPACITY ASSESSMENT The following section outlines key leadership positions responsible for communicating information to the public and governmental agencies, as well as detailing outreach methods employed by those tasked with these leadership positions. FIGURE 8: CURRENT OUTREACH METHODS Current Outreach Methods  City-Controlled Public Outreach  Access to a city employee/staff list identifying who speaks various languages  Citizen Observer listserv (Police Department)  City publications (e.g., MyClearwater Magazine, Sunshine Lines)  Citizen Request Center (public comment forms)  City website  City listserv  C-VIEW (Broadcast of public meetings and informational video bulletin boards)  Spanish language translators (Hispanic Outreach Center)  Social Media messages, pictures and videos (Table 5)  Mass Media Public Outreach  Advertising in local papers  MediaAlert (newsfeed)  Media email distribution lists  Media phone lists  Public service announcements on local TV and radio stations  Miscellaneous Public Outreach  Autodialer  Billboards  Citizen Information Center hotline (Pinellas County)  Clearwater Neighborhood Association lists (phone, email, addresses)  Door hangers  Public meetings  Variable message boards Attachment number 3 \nPage 63 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 6: COMMUNICATIONS PLAN 56 External Communications The City’s Public Communications Department operates C‐VIEW TV, coordinates public and media relations, creates graphics, manages the City’s official Facebook and Twitter pages and produces numerous publications, including MyClearwater Magazine. The Department also coordinates the Clearwater 101 Citizen’s Academy, an interactive program that focuses on educating citizens about the City’s governmental processes. Public Information Officer (PIO) The City’s Public Information Officer (PIO) is the Director of the Public Communications Department or designee. The PIO is the lead in speaking with the media and coordinates media interviews with City staff as appropriate. During the initial response and short‐term recovery phases of the disaster cycle, the PIO is responsible for providing information to the public. Initially the PIO is assigned to the Emergency Operations Center (EOC) where recovery operations begin. The PIO is part of a joint local, state, and federal effort to ensure sufficient public information and education is disseminated to affected citizens and entities concerning the recovery effort and state/federal assistance. Further details on public communications and the role of the PIO during the response and short‐term recovery phases are provided in the CEMP. Emergency Manager The City of Clearwater has a designated Emergency Manager that is the primary point of contact for regional, state and federal staff. The Emergency Manager is appointed by the City Manager and is the chair of the City’s Emergency Management Coordinating Committee, which is composed of the department director from each of the City’s departments. Current Outreach Methods The City currently uses a variety of public outreach methods, listed in Figure 8 and discussed in the following sections. Traditional: Mass Media (Television, Radio and Print) Television, radio and print news sources are major sources of news and information for residents. These media platforms have the ability to disseminate information to a large number of people in a timely manner. Although the online news audience continues to grow, traditional mass media is still an important tool to reach and communicate information to Clearwater residents. The City of Clearwater is included in the Tampa Bay media market and consists of multiple mainstream television and radio stations and newspapers (Table 4). The PIO uses various methods to reach news media organizations including Media Alert, email, email distribution lists and phone calls (Figure 8). Non‐Traditional: Online News According to recent studies, more people are choosing the Internet as their primary source for news. Traditional news media platforms have a vested interest in the growing trend of online news. Each of the Tampa Bay news organizations has a news website. The newest online trend includes news sites that focus on information and stories specific to cities and towns (e.g., Clearwater Patch). The benefits of online news sites include the ability to share information faster than traditional forms of mass media and a world‐wide reach without geographical boundaries. Attachment number 3 \nPage 64 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 6: COMMUNICATIONS PLAN 57 TABLE 4: LOCAL NEWS MEDIA ORGANIZATIONS News Media Type News Media OrganizationTelevision Bay News 9 (24-hour cable) WFTS - ABC Action News WTVT - Fox 13 WFLA - News Channel 8 WTSP - 10 News WVEA - Univision Tampa* Info Más (Bay News 9)* Newspaper Tampa Bay Times (daily) Tampa Tribune (daily) Clearwater Beacon (weekly) Clearwater Gazette (bi-weekly) Radio WFLA 970 AM WWBA 1040 AM Online Clearwater Patch All TV stations and newspapers Table Note: *Indicates Spanish-speaking Media Non‐Traditional: Social Media Social media provides a platform to communicate information immediately to residents. It also allows residents to provide the City information and feedback about situations or hazards in the community. The City currently uses multiple social media platforms that allow the use of text, pictures and videos (Table 5). TABLE 5: SOCIAL MEDIA PLATFORMS Social Media PlatformFormat/UseFacebook (CPD page)Text, pictures, video, links Facebook (City page)Text, pictures, video, links TwitterText, pictures, links YouTube Video PintrestPhotos FlickrPhotos FourSquare GPS location (check-in) Public Meetings Public meetings are coordinated by the City’s Official Records and Legislative Services Department and include City Council meetings as well as appointed advisory board meetings (Table 6). The public is welcome to attend all City Council and advisory board meetings. The City of Clearwater complies with the Florida Sunshine Law requiring all board meetings provide “reasonable notice.” The City also complies with all noticing requirements per Florida Statutes and adheres to an additional set of noticing requirements outlined in Section 4‐206 of the CDC for any public hearing required within that Code. Section 4‐206.C.2.a. requires that all notices of public hearings “be provided by publication of a copy of the notice in one or more newspapers with general circulation in the City of Clearwater.” Multi‐Language Communication Clearwater’s diverse population is both an asset and a challenge, particularly when it comes to communicating and reaching residents whose primary language is not English. According to the 2010 Census, more than 14 percent of Clearwater’s population is of Hispanic or Latino origin. Some of those residents speak little to no English, so it is important to ensure these residents are just as informed as those with English as their primary language. In Attachment number 3 \nPage 65 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 6: COMMUNICATIONS PLAN 58 TABLE 6: ADVISORY BOARDS Name of Board Duties of Board Airpark Advisory Board Serves in advisory capacity regarding monitoring operation and maintenance of Clearwater Executive Airpark. Brownfields Advisory Board Improves public participation/receives public comments on rehabilitation and redevelopment of Brownfields area, community safety, employment opportunities, environmental justice, and future land use. Reviews and recommends to Council regarding site rehabilitation agreements. Implements public participation elements outlined in Federal Brownfields Economic Redevelopment Initiative Work Plan. Building/Flood Board of Adjustment and Appeals Grants variances from provisions of technical codes and from provisions of the City’s flood protection. Hears appeals from decisions and interpretations of building official related to unsafe buildings, structures, and Code. Clearwater Housing Authority Provides housing and rent subsidies for low to moderate income families. Community Development Board Handles planning and development matters. Conducts public hearings/decides development requests that are not within discretion of city staff. Conducts design review, evaluates historic applications, reviews requests for land use plan changes and rezonings, serves as Local Planning Agency to review and advise Council regarding City’s Comprehensive Plan. Environmental Advisory Board Identifies and assesses environmental objectives, provides input to Council. Enterprise Zone Development Agency Assists in development and implementation of strategic plan for area; oversees and monitors implementation of strategic plan for area; identifies and recommends to Council ways to remove regulatory barriers and identifies financial needs of, and local resources or assistance available to, eligible businesses in area. Library Board Serves as advisor to Council in matters pertinent to policies governing Library System operations and programs. Marine Advisory Board Makes recommendations regarding City’s marinas and waterways. Municipal Code Enforcement Board Conducts hearings regarding enforcement of fire, Business Tax Receipts, building, zoning, sign, and related City codes. Parks and Recreation Board Advises City on condition, improvements and development of property for parks and recreation facilities. Public Art and Design Advisory Board Develops guidelines, procedures and policies to administer the Public Art and Design Program and recommends Public Art to City Council. Sister Cities Advisory Board Makes recommendations for effective functioning of Sister Cities activities and advises City Council of Sister Cities program issues that might impact the expansion and development of the program. addition to using Spanish‐speaking media (Table 4), the City uses translation services when appropriate to effectively reach Hispanic/Latino residents. Those who provide their translations services include the City’s Hispanic Liaison, Hispanic Outreach Officer and other Spanish‐speaking city employees and volunteers. The City can also partner with the Hispanic Outreach Center to ensure clear communication to Spanish‐speaking members of the community. Intergovernmental Communication and Coordination City Council members and City staff are active participants on a number of regional boards and committees that coordinate issues across jurisdictional boundaries. These range from transportation and land use decisions to emergency management. Joint Information Center (JIC) During a major disaster, one or more Joint Information Centers (JIC) may be established by public affairs representatives from the state and federal government. The city will coordinate with state/federal JIC personnel to ensure uniformity of information released to the public. City Public Information Officers may need to operate out of JICs to ensure proper coordination between the city and county, state or federal agencies. The JIC will be responsible for public awareness and information on statewide and national levels. INCLUDING THE PUBLIC IN PDRP IMPLEMENTATION Successful implementation of the Action Plan requires effective communication both before the disaster and during long‐term recovery and redevelopment. The Public Communications Department is an important partner in addressing many of the issues discussed in Chapter 4, and achieving the Goals and Attachment number 3 \nPage 66 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 6: COMMUNICATIONS PLAN 59 Strategies in Chapter 5 of this Plan. Several actions detailed in Appendix C list the Public Communications Department as the lead entity or required collaborator (Figure 9). Pre‐Disaster Public Outreach Implementing the PDRP Action Plan There are several public outreach actions that need to be accomplished in the pre‐disaster phase of the disaster cycle. These include providing information to the public regarding mitigation programs, helping in a City‐led education effort to inform community members on the benefits of planting trees (outlined in Clearwater Greenprint), coordinating with the Chambers of Commerce in developing a media campaign designed to bring tourism back to the community after a disaster, and assisting with the development of materials to inform small businesses regarding disaster recovery. Although these actions are to take place pre‐disaster, they ensure the community is more successful in achieving long‐term recovery and redevelopment. A combination of the current outreach methods discussed in the Communications Capacity Assessment section of this Chapter can be used, including traditional and non‐traditional media and multi‐language communication. Post‐Disaster Public Outreach Implementing the PDRP Action Plan The importance of effective public communication assumes a more central role following a disaster. Particularly, the Public Communications Department will be poised to assist the Planning and Development Department in communicating to the public the new streamlined permitting procedures that will apply. The Public Communications Department will also provide assistance to FIGURE 10: ADDITIONAL OUTREACH METHODS  Signage on city vehicles and city property  Toll-free numbers for out-of-area residents (pre-recorded messages)  Video on Demand on cable channels  Flyer distribution by employees or volunteers at gathering areas (Points of Distribution, churches, active businesses, chambers, police and fire stations, post offices, housing facilities, social service locations, etc. FIGURE 9: PUBLIC COMMUNICATIONS DEPARTMENT COLLABORATION ACTIONS Pre-Disaster  Provide information to the public regarding mitigation programs outlined by the Floodplain Management Plan (FMP). (Goal 1, Strategy 4, Action 2)  Implement Land Use and Urban Form Strategy 4 “Greenspace Expansion” from Clearwater Greenprint. (Goal 3, Strategy 4, Action 3)  Coordinate with the Chambers of Commerce in developing a media campaign designed to bring tourism back to the community after a disaster. (Goal 4, Strategy 2, Action 2)  Using the City’s existing business visitation program, provide information on disaster recovery to small businesses. (Goal 4, Strategy 3, Action 2) Post-Disaster  Ensure the public is aware of the streamlined permitting of repair of existing primary structures through press releases and updates on the City website. (Goal 1, Strategy 1, Action 1c)  Ensure businesses are aware of the opportunity to temporarily relocate (per Action 1a) through outreach from Economic Development staff, press releases and updates on the City website. (Goal 4, Strategy 2, Action 1c)  Assist Pinellas County with implementation of strategies and actions related to temporary housing and awareness of employment opportunities outlined in its PDRP’s Economic Restoration Action Plan. (Goal 4, Strategy 5, Action 3)  Assist Pinellas County with implementation of actions related to ensuring tourism returns after a disaster outlined in its PDRP’s Economic Restoration Action Plan. (Goal 4, Strategy 5, Action 4) Attachment number 3 \nPage 67 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 6: COMMUNICATIONS PLAN 60 Pinellas County in their efforts to make the public more aware of employment opportunities (posting on City website and inclusion in City print publications of public and private sector employment opportunities) and actions that will ensure tourism returns, including the coordination of “back to business” media campaigns. To accomplish these actions the current outreach methods discussed in the Communications Capacity Assessment section of this Chapter can be used. The Role of the Public Information Officer The PIO will provide news briefs to the media during recovery operations and throughout redevelopment activities. The PIO or designated Public Communications staff members will use the City’s website and social media platforms to disseminate recovery and redevelopment information to citizens. At the discretion of the PIO, additional outreach methods may also be used based on availability and effectiveness in achieving the goals of this Plan (Figure 10). The Role of Social Media Hurricane Sandy, a destructive tropical cyclone that hit the coast of the Northeastern U.S. in October 2012, marked a shift for social media use in disasters.20 Social media will play a significant role in immediate dissemination of information about disasters without reliance on traditional news media. Social media also allows out‐of‐area people to get information regarding the situation and family and friends, without the filter of traditional news platforms. This affords the City the unique opportunity to tell its own story as the community transitions from short‐term recovery 20Cohen, Sara Estes (2013, March 7). Sandy Marked a Shift for Social Media Use in Disasters. Emergency Management. http://www.emergencymgmt.com/disaster/Sandy‐Social‐Media‐Use‐in‐Disasters.html to long‐term recovery and redevelopment. A regional, state and national audience can stay informed of positive “back to business” developments in the community as they take place in real time. Social media can also serve as an informal dialogue between residents and their government. Public Meetings Residents should be encouraged and empowered to take an active role in the post‐disaster decision making process. This includes participation at City Council meetings and other public meetings following a disaster (see Table 6 for complete listing of advisory boards). Depending on the scale of the disaster and extent of damage to the community, there may be a need to hold community meetings in neighborhoods most severely impacted, to ensure elected officials and community residents share a common vision of how to achieve long‐term recovery and redevelopment. The City should not hesitate to seize these opportunities which will cultivate an atmosphere of trust between the public and elected officials. The ability of the public to participate in decisions that guide redevelopment activities increases the likelihood that the public will accept and support elected officials that are ultimately responsible for making the tough decisions. Attachment number 3 \nPage 68 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 6: COMMUNICATIONS PLAN 61 During post‐disaster recovery and redevelopment, it may take a greater effort for local government actions to be transparent due to factors including changes in typical methods of communication, displaced residents and focus on more immediate post‐disaster concerns like reoccupation of homes and returning to employment. To overcome this challenge the City can try a variety of additional outreach methods to facilitate public meetings (see Figure 11). INTERNAL COMMUNICATIONS IN PDRP IMPLEMENTATION As City staff transitions from the NIMS structure outlined in the CEMP to the long‐term recovery and redevelopment actions outlined in this Plan, City Department directors will communicate the status of action implementation to the Post‐Disaster Redevelopment Steering Committee, which is responsible for the implementation and maintenance of this Plan. The Post‐Disaster Redevelopment Steering Committee is discussed in the following chapter. FIGURE 11: ADDITIONAL OUTREACH METHODS TO FACILITATE PUBLIC MEETINGS  Expansion of Public Meeting Notices to Non-Traditional Formats  In addition to noticing public meetings in print newspapers, as required by the CDC, provide notice of public meetings in a variety of other formats including the City’s website and social media  Mobile Community Listening Sessions  In severely impacted neighborhoods, hold mobile community listening sessions, which can serve to identify common recovery and redevelopment themes and issues that can be addressed by City staff and elected officials  Use of New or Emerging Technology  Podcasts, blogs, live chat with government officials  E-Town Hall Meetings  Granicus online forum Attachment number 3 \nPage 69 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 6: COMMUNICATIONS PLAN 62 This page intentionally blank.Attachment number 3 \nPage 70 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 7: PLAN IMPLEMENTATION AND MAINTENANCE 63 CHAPTER 7: PLAN IMPLEMENTATION AND MAINTENANCE PLAN IMPLEMENTATION The Action Plan will be implemented during three phases of the disaster cycle, including pre‐disaster, short‐term recovery (1‐90 days) and long‐term recovery and redevelopment (4 months to 2 years or more). Pre‐disaster actions that are completed by staff may be removed from Appendix C: Action Plan in updates to this Plan and placed in Appendix D: Accomplished Pre‐Disaster Actions. Tables 7 and 8 divide the pre‐disaster actions from Appendix C into two timeframes: short term implementation (0‐3 years) and medium term implementation (4‐6 years). Short term implementation actions are those that may take little staff time and resources to accomplish. Medium term implementation actions are those that may take more staff time and resources to accomplish. Some pre‐disaster actions are coordinated through Pinellas County or the Chambers of Commerce; therefore they are not included in Tables 7 and 8. City staff should participate and coordinate with Pinellas County and the Chambers of Commerce as they implement those actions (listed in Figure 12). Tables 7 and 8 will also need to be updated as pre‐disaster actions that are accomplished are moved from Appendix C to Appendix D. Actions that apply to the short‐term recovery or long‐term recovery and redevelopment phases need to be implemented each time a disaster is declared and damage occurs. Depending on the type and severity of the disaster some actions may not be applicable. It is the purview of the City Council, in conjunction with City staff, to determine which actions do and do not apply following a disaster and to commence with implementation. FIGURE 12: PRE‐DISASTER ACTIONS COORDINATED THROUGH PINELLAS COUNTY OR THE CHAMBERS OF COMMERCE  Assist Pinellas County with implementation of strategies related to disaster housing outlined in its PDRP’s Land Use, Housing and Mitigation Action Plan. (Goal 1, Strategy 5, Action 5)  Assist Pinellas County with implementation of Appendix 4 of the Local Mitigation Strategy (LMS). (Goal 1, Strategy 5, Action 7)  Assist Pinellas County with implementation of strategy and action relating to opening transportation corridors outlined in its PDRP’s Infrastructure Restoration Action Plan. (Goal 2, Strategy 5, Action 2)  Assist Pinellas County with implementation of the action relating to the identification of incentives for relocating away from high risk areas outlined in its PDRP’s Environmental Restoration Action Plan. (Goal 3, Strategy 5, Action 1)  Assist Pinellas County with implementation of the actions related to intergovernmental coordination in assessing and monitoring environmental contaminants outlined in its PDRP’s Environmental Restoration Action Plan. (Goal 3, Strategy 5, Action 2)  Assist Pinellas County with implementation of the strategies and actions related to restoring the most viable habitats first. (Goal 3, Strategy 5, Action 4)  Coordinate with the Chambers of Commerce in developing a media campaign designed to bring tourism back to the community after a disaster. (Goal 4, Strategy 2, Action 2)  Coordinate with the Chambers of Commerce in developing an informational program about hurricane preparedness for local businesses. (Goal 4, Strategy 3, Action 1)  Assist Pinellas County with implementation of strategies and actions related to business resumption and retention outlined in its PDRP’s Economic Restoration Action Plan. (Goal 4, Strategy 5, Action 1)  Assist Pinellas County with implementation of strategies and actions related to small business assistance outlined in its PDRP’s Economic Restoration Action Plan. (Goal 4, Strategy 5, Action 2)  Assist Pinellas County with implementation of strategies and actions related to temporary housing and awareness of employment opportunities outlined in its PDRP’s Economic Restoration Action Plan. (Goal 4, Strategy 5, Action 3)  Continue to participate in the LMS and consider development of voluntary mitigation programs. (Goal 5, Strategy 5, Action 1) Attachment number 3 \nPage 71 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 7: PLAN IMPLEMENTATION AND MAINTENANCE 64 TABLE 7: PRE‐DISASTER SHORT TERM IMPLEMENTATION ACTIONS (0‐3 YEARS) Goal, Strategy & Action Reference Number Action Goal 1, Strategy 1, Action 1a Update the document Development Services Guide for After a Disaster to include expedited permitting and inspection processes. In particular, procedures should streamline permitting of repair of existing primary structures. Goal 1, Strategy 1, Action 1b Train staff in the updated procedures per Action 1.a. Goal 1, Strategy 1, Action 2 Explore mutual aid agreements with other jurisdictions and emergency service contracts with private companies that provide building plans review and inspection services Goal 1, Strategy 1, Action 4 Update the document Development Services Guide for After a Disaster to clarify which legal instruments will be acceptable proofs of ownership, for obtaining permits, following a disaster. Goal 1, Strategy 4, Action 2 Provide information to the public regarding mitigation programs outlined by the Floodplain Management Plan (FMP). Goal 1, Strategy 4, Action 3b Develop a Continuity of Operations Plan (COOP) for the Economic Development & Housing Department’s Housing Division that includes policies for coordinating with Federal HUD staff. Goal 1, Strategy 4, Action 3c Train Housing Division staff in procedures in administering programs following a disaster. Goal 1, Strategy 5, Action 1 Enter into Interlocal Agreement with Pinellas County (for assistance with building plans and permit reviews following a disaster). Goal 1, Strategy 5, Action 2 Continue to coordinate with Pinellas County as it develops the countywide Temporary Housing Ordinance. Goal 4, Strategy 2, Action 1b Prepare emergency ordinance(s) to allow temporary business use in non-traditional locations (e.g. hotel meeting space, community centers, etc.). Goal 4, Strategy 3, Action 2 Using the City’s existing business visitation program, provide information on disaster recovery to small businesses. Goal 4, Strategy 3, Action 3 Coordinate seminars that help small businesses prepare for disasters through the Pinellas County Economic Development Small Business Development Center. Goal 5, Strategy 1, Action 1 Amend the CDC for consistency with Comprehensive Plan Policy E.4.1.1. Goal 5, Strategy 1, Action 2a Amend the CDC for consistency with Comprehensive Plan Policy E.4.1.3. Goal 5, Strategy 1, Action 2b Update the document Development Services Guide for After a Disaster to include procedures needed to permit according to the previous action. Goal 5, Strategy 3, Action 1 Amend the Community Development Code for consistency with Comprehensive Plan Policy E.1.2.5. Goal 5, Strategy 4, Action 1 Review procedures and timing in the demolition of unsafe structures. Depending on the outcome of the review, amend the Community Development Code to make changes that reduce post-disaster blight or continue to administer the program as currently outlined in the CDC. TABLE 8: PRE‐DISASTER MEDIUM TERM IMPLEMENTATION ACTIONS (4‐6 YEARS) Goal, Strategy & Action Reference Number Action Goal 1, Strategy 1, Action 3 Conduct research on the issue of property division following catastrophic disasters and challenges faced in surveying property post-disaster. Goal 2, Strategy 3, Action 5a Address the removal, relocation, or structural modification of damaged infrastructure. Must be consistent with federal funding provisions. Goal 2, Strategy 3, Action 5b Research federal funding available for infrastructure replacement. Goal 2, Strategy 3, Action 5c Develop a list of standards to categorize infrastructure post-disaster as needing removal, relocation or structural modification. Goal 2, Strategy 3, Action 5d Assess damage to public infrastructure and facilities based on previously developed list of standards. Goal 2, Strategy 3, Action 5e Prioritize damaged infrastructure and tie to available federal funding. Goal 3, Strategy 4, Action 2 Continue to implement goals and strategies in Clearwater Greenprint related to green buildings.* Goal 3, Strategy 4, Action 3 Implement Land Use and Urban Form Strategy 4 “Greenspace Expansion” from Clearwater Greenprint. Goal 5, Strategy 1, Action 3 Review which development activities require administrative approval versus approval from the Community Development Board and consider a post-disaster policy framework that would allow for a shift to administrative approval for certain items, particularly for properties subject to special area plans (e.g., Beach by Design, Clearwater Downtown Redevelopment Plan). Amend the CDC or prepare emergency ordinance allowing for changes, if it is determined changes should be made. Goal 5, Strategy 1, Action 4 Review requirements for public hearings and time frames for staff review of applications in the context of a post-disaster development setting. Identify opportunities for decreasing the amount of time needed for development applications received within a year of a declared disaster. Amend the CDC or prepare emergency ordinance allowing for changes, if it is determined changes can or should be made. Goal 5, Strategy 3, Action 2 Evaluate the Transfer of Development Rights (TDR) program. Amend the CDC if changes can be made to the TDR provisions that would increase use of the program. Goal 5, Strategy 3, Action 3 Research land use and development regulations aimed at reducing disaster vulnerability. Discuss incorporating these regulations into the CDC. * Green Energy and Building strategies from Clearwater Greenprint include short term, medium term and long term timeframes. Please consult p.65 of Clearwater Greenprint for further information. Attachment number 3 \nPage 72 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 7: PLAN IMPLEMENTATION AND MAINTENANCE 65 Following a disaster the Mayor, Vice‐Mayor, City Manager and Assistant City Managers (in that order) have the authority to declare a state of emergency by proclamation (Code of Ordinances, Section 15.07 (1)). After a state of emergency has been made by the appropriate authority and tasks typical of the emergency response phase have been completed (e.g., saving lives and providing immediate assistance), the City Manager may authorize activation of the Post‐Disaster Redevelopment Steering Committee to review and implement actions from Appendix C as needed. The Committee will consist of the current members of the Senior Executive Team (SET), which consists of directors and managers of the various departments and divisions within the City. The mission of the Committee is to:  Implement Appendix C: Action Plan, as appropriate  Coordinate City staff and resources in contribution to the countywide PDRP efforts led by Pinellas County Figure 13 depicts the organization and roles in activating the Action Plan. PLAN MAINTENANCE An annual review will be conducted for benchmarking the status of actions designed to take place pre‐disaster. Every five years the plan will be reviewed and revisions made if deemed necessary. Actions outlined in Chapter 5 as “Addressed in Future Planning Efforts” will be considered for inclusion in this Plan during the five‐year review and revision process. Review and revision may also be necessary following a major or catastrophic disaster to identify new challenges and opportunities. Attachment number 3 \nPage 73 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN CHAPTER 7: PLAN IMPLEMENTATION AND MAINTENANCE 66 FIGURE 13: POST‐DISASTER REDEVELOPMENT PLAN ACTIVATION Mayor or Vice‐Mayor Declare state of emergencyCity Manager Lead administratorPost‐Disaster Redevelopment Steering Committee Implement the PDRP Actions as determined by City ManagerAssistant City Managers Assist lead administratorEmergency Manager Coordinates emergency response and short‐term recovery effortsCity AttorneyAdvises Mayor and City Council on legal mattersAttachment number 3 \nPage 74 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX A: COASTAL RESILIENCE INDEX REPORT 67 APPENDIX A – COASTAL RESILIENCE INDEX Attachment number 3 \nPage 75 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX A: COASTAL RESILIENCE INDEX REPORT 68 Attachment number 3 \nPage 76 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX B: RESOURCES FOR FUTURE VULNERABILITY ANALYSES 69 APPENDIX B – RESOURCES FOR FUTURE VULNERABILITY ANALYSESThis Appendix is to serve as an aid for City staff in the development of future vulnerability analyses, listed in Table 2 of this Plan. Some of this information may also be available to the general public (e.g., sources on the internet) while others may not (e.g., City purchased software programs). Geographic Information Systems (GIS) is an essential tool in pursuing any analysis of vulnerability. For that reason it is included in the Summary Table and Detailed Information of this appendix, although it should be understood that GIS is different than the other programs and data discussed in that it is a place to store and manipulate imported data, as well as having the ability to create new data within the program. Summary Table Who Produces or Maintains It? What Is It?Where Do I Obtain It?Which Analysis(ses)?Hazus‐MH Software FEMA A software program that shows potential losses by modeling disaster scenarios FEMA website: http://www.fema.gov/hazus Information Technology Deptment Disaster Scenario City of Clearwater GIS The City of Clearwater A system that captures and stores geographical data used in map making Information Technology Department All (see complete listing in Table 2) City of Clearwater Planning & Development Department Accela Automation Data The City of Clearwater A system that stores data according to address and parcel information Planning & Development Department Information Technology Department Nonconforming Structures Business Vulnerability MPO Data Pinellas County MPO Census tract data compiled by the MPO that identifies socially vulnerable populations MPO Staff Social Vulnerability TBRPC Data TBRPC Coastal high hazard data TBRPC Staff Vulnerable Land Acquisition Sea Level Rise PCPAO Data Pinellas County Property Appraiser’s Office (PCPAO) Property data, including just market value, taxable values and details on structures PCPAO Staff Information Technology Department Vulnerable Land Acquisition Nonconforming Structures Census Data U.S. Census Bureau The decennial census includes basic demographic data; the ACS includes more extensive data U.S. Census website: http://www.census.gov/ Social Vulnerability Florida Master Site File Florida Department of State, Division of Historical Resources List of the State of Florida’s official inventory of historical and cultural resources. Website or Site File Staff: SiteFile@dos.state.fl.us (850) 245-6440 Historic Preservation NOAA Coastal Services Center U.S. Department of Commerce NOAA’s Coast Services Center Variety of data, including coastal habitats, land cover, and changes in shoreline positions NOAA CSC website: http://www.csc.noaa.gov/data/ Sea Level Rise USGS U.S. Geological Survey Hurricane-induced coastal erosion hazards data USGS website: http://coastal.er.usgs.gov/hurricanes/ Sea Level Rise Vulnerable Land Acquisition Attachment number 3 \nPage 77 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX B: RESOURCES FOR FUTURE VULNERABILITY ANALYSES 70 Detailed Information HAZUS‐MH SOFTWARE WHO U.S. Department of Homeland Security, Federal Emergency Management Agency. WHAT Hazus is a nationally applicable standardized methodology that contains models for estimating potential losses from earthquakes, floods, and hurricanes. Hazus uses Geographic Information Systems (GIS) technology to estimate physical, economic, and social impacts of disasters. It graphically illustrates the limits of identified high-risk locations due to earthquake, hurricane, and floods. Users can then visualize the spatial relationships between populations and other more permanently fixed geographic assets or resources for the specific hazard being modeled. WHERE The software is available from the FEMA website (http://www.fema.gov/hazus). The City’s Information and Technology Department also has the software which can be installed on computers at the request of staff. WHY Useful for a disaster scenario vulnerability analysis which can show potential structural and economic losses from a hurricane event. CITY OF CLEARWATER GIS WHO The City of Clearwater. WHAT A Geographic Information System (GIS) is a system that captures and stores geographical data that can then be manipulated, analyzed and managed to create maps. One of the largest and most common GIS software suppliers is Esri; which the City currently uses. Available data is stored as layers and tables in the City’s GIS servers which can be used to create maps or analyze data. The City creates and maintains some GIS layers (e.g., location of City operated infrastructure) as well as obtains GIS data from county, state or federal government agencies. The GIS data is maintained on various schedules, depending on the type of data, including daily, weekly, monthly and yearly or as it becomes available as in the case of aerial photography. The Pinellas County Property Appraiser’s Office data contains parcel level data for fields such as year built and just market value. These could prove valuable in several vulnerability analyses. Layers obtained from the Federal government that can be useful in conducting vulnerability analyses include Census Bureau and FEMA data. WHERE To access the City’s GIS server and create maps, Esri’s ArcMap must be installed on your computer by the Information Technology Department. WHY Useful/needed for virtually every type of vulnerability analysis. Attachment number 3 \nPage 78 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX B: RESOURCES FOR FUTURE VULNERABILITY ANALYSES 71 CITY OF CLEARWATER CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT ACCELA AUTOMATION DATA WHO The City of Clearwater. WHAT The City’s Planning & Development Department uses an address and parcel based software application called Accela Automation, from which inquires can be made and matched with GIS to understand the data spatially. Some of the types of data entered in the system that could be extracted include building permits, business tax receipts, code enforcement cases, unsafe housing cases and planning cases. WHERE Basic querying of the database can be done with MS Access by Planning & Development Department staff or the Information Technology Department staff can provide more detailed queries using SQL (Structured Query Language). WHY Useful for several vulnerability analyses including those involving nonconforming structures and uses, and identifying where business are located within the City. MPO DATA WHO Pinellas County MPO. WHAT The Pinellas County MPO has shareable data that was used in updating the Long-Range Transportation Plan. This includes the identification of socially and economically vulnerable populations within the County. The MPO used Census tract-level data to identify tracts containing above a certain percentage threshold of minority or below poverty level populations. WHERE The data received from MPO staff on December 21, 2012 via e-mail can be found on the Planning & Development Department’s share drive here. WHY Useful for the Social Vulnerability analysis as the MPO has already sorted the data. However, depending on when City staff is able to perform this analysis, staff may want to obtain tract-level data directly from the Census if too much time has passed and the MPO data is outdated. TBRPC DATA WHO Tampa Bay Regional Planning Council (TBRPC). WHAT TBRPC has shareable coastal high hazard data. WHERE The data received from TBRPC staff on December 6, 2012 via e-mail can be found on the Planning & Development Department’s share drive here. The City’s Information Technology Department also maintains a GIS layer that contains coastal storm area data from 2008 (when connected to the City’s GIS database, add layer by navigating to “Planning_Boundaries”, then to “Coastal_Storm_Area”). WHY Essential in any vulnerability analysis that requires identification of properties that are vulnerable to storm surge from hurricanes. Attachment number 3 \nPage 79 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX B: RESOURCES FOR FUTURE VULNERABILITY ANALYSES 72 PCPAO DATA WHO Pinellas County Property Appraiser’s Office (PCPAO). WHAT PCPAO has publically available parcel level data detailing values, taxes and information on structures including square footage, year built, number of stories and other factors. WHERE The PCPAO shares this data as requested. The City also performs updates of the parcel layer within the GIS database as updates are made available. The parcel layer contains approximately 112 data fields. WHY Useful in any vulnerability analysis that examines data at the parcel level. CENSUS DATA WHO U.S. Census Bureau. WHAT The U.S. Census Bureau conducts a decennial census as required by the U.S. Constitution that includes basic demographic data (e.g., age, gender, race/ethnicity). It also conducts the ACS which is sent out to approximately 3 million U.S. households per year and gathers much more extensive data (e.g., socio-economic, housing). The Census Bureau has three geographies which are delineated according to population thresholds to collect data: block (approximate population of 0 to several hundred people), block group (approximate population of 600 to 3,000 people) and tract (approximate population of 1,500 to 8,000 people). The decennial census includes block, block group and tract level data; the ACS 5-year data is available in the tract and block group levels, but not block level. ACS 1 and 3-year data is only available in larger population thresholds (65,000 and 20,000, respectively). WHERE The Census Bureau’s extensive data sets can be accessed on its website here: http://www.census.gov/main/www/access.html. WHY Useful in any vulnerability analysis that looks at population distribution. Especially helpful in examining social vulnerability. FLORIDA MASTER SITE FILE WHO Florida Department of State, Division of Historical Resources. WHAT The State of Florida compiles historical and cultural resources into an official inventory known as the Master Site File. There are five categories of resources tracked: archeological sites, historical structures, historical cemeteries, historical bridges and historic districts. The Site File currently holds information on more than 190,000 cultural resources and copies of over 19,000 manuscripts. WHERE Further information is available on the website here: http://www.flheritage.com/preservation/sitefile/. The current email and phone number contact is listed as SiteFile@dos.state.fl.us and (850) 245-6440. WHY Useful in the Historic Preservation vulnerability analysis. Attachment number 3 \nPage 80 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX B: RESOURCES FOR FUTURE VULNERABILITY ANALYSES 73 NOAA COASTAL SERVICES CENTER WHO U.S. Department of Commerce National Oceanic and Atmospheric Administration’s Coast Services Center. WHAT NOAA’s Coastal Services Center provides the technology, information and management strategies used by local, state and national organizations to address complex coastal issues. The Center’s core areas of expertise include geospatial technologies, training and social science. Products and services developed by the Center include data, tools, training and technical assistance. WHERE The Center’s data is available on the website here: http://www.csc.noaa.gov/data/. A number of other tools are available on the website here: http://www.csc.noaa.gov/digitalcoast/tools. In particular, the Center houses a variety of data and tools on its Digital Coast website, including the following: Coastal County Snapshots (http://www.csc.noaa.gov/digitalcoast/tools/snapshots/) CanVis (http://www.csc.noaa.gov/digitalcoast/tools/canvis) Coastal Inundation Toolkit (http://www.csc.noaa.gov/digitalcoast/inundation/understand) Sea Level Rise Impacts Viewer (http://www.csc.noaa.gov/digitalcoast/tools/slrviewer/) C-CAP Land Cover Atlas (http://www.csc.noaa.gov/digitalcoast/tools/lca/) WHY Useful in the Sea Level Rise vulnerability analysis. The many tools listed also have the potential to be helpful in any vulnerability analysis that examines vulnerability to coastal events such as tropical storms, hurricanes, flooding and erosion. USGS WHO U.S. Geological Survey, St. Petersburg Coastal and Marine Science Center. WHAT USGS’s St. Petersburg Coastal and Marine Science Center has a primary focus of investigating processes related to coastal and marine environments and their societal implications related to natural hazards, resource sustainability and environmental change. A decade of USGS research on storm-driven coastal change hazards has provided the data and modeling capabilities to identify areas of the coastline that are likely to experience extreme and potentially hazardous erosion during a hurricane. WHERE The data is available on the website here: http://coastal.er.usgs.gov/hurricanes/erosionhazards/gom/. WHY Useful in the Sea Level Rise and Vulnerable Land Acquisition vulnerability analyses. Attachment number 3 \nPage 81 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX B: RESOURCES FOR FUTURE VULNERABILITY ANALYSES 74 This page intentionally blank.Attachment number 3 \nPage 82 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX C: ACTION PLAN 75 APPENDIX C – ACTION PLANPlease Note: “Required Collaboration” depends on the “Lead Entity.” For example, when a City of Clearwater Department is the lead entity then the list of required collaborators may include other City departments, as well as outside organizations. But when the lead entity is an outside organization (e.g., Pinellas County or the Chambers of Commerce) then the list of required collaborators only includes City Departments, not outside organizations. It is the purview of the lead entity to determine all necessary collaborators, as the City is just one of multiple collaborators. Not all five Goals will contain Actions related to the five Strategies outlined in Chapter 5 of this Plan; while some Goals need all the Strategies in order to be fully achieved, some may only need three of the five to accomplish the overall Goal. Implementation Timeline21 Context & Logistics Pre‐Disaster Short‐Term Recovery (days) Long‐Term Recovery & Redevelopment (months) Existing Plan or Policy Lead Entity Required Collaboration Resources Needed 1‐30 30‐60 60‐90 4‐6 6‐12 12‐18 18‐24 24+ GOAL 1 (HOUSING AND STRUCTURAL REPAIRS): FACILITATE PERMISSIBLE RECONSTRUCTION IN A TIMELY MANNER WHILE DECREASING THE VULNERABILITY OF STRUCTURES TO FUTURE DISASTERS. Strategy 1: Streamline Permitting Action Action 1a: Update the document Development Services Guide for After a Disaster to include expedited permitting and inspection processes. In particular, procedures should streamline permitting of repair of existing primary structures.  Development Services Guide for After a Disaster P&D All City departments that review building permits Staff Funds to print updated document Action 1b: Train staff in the updated procedures per Action 1a.  Development Services Guide for After a Disaster P&D All City departments that review building permits Annual training of staff Action 1c: Ensure the public is aware of the streamlined permitting of repair of existing primary structures through press releases and updates on the City website.     Development Services Guide for After a Disaster PC P&D Staff Action 2: Explore mutual aid agreements with other jurisdictions and emergency service contracts with private companies that provide building plans review and inspection services.  P&D Other jurisdictions Private sector companies Staff 21 The implementation timeline is intended to be a helpful guide in achieving actions; however recovery and redevelopment timeframes will vary by the scale of the disaster. Attachment number 3 \nPage 83 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX C: ACTION PLAN 76 Implementation Timeline21 Context & Logistics Pre‐Disaster Short‐Term Recovery (days) Long‐Term Recovery & Redevelopment (months) Existing Plan or Policy Lead Entity Required Collaboration Resources Needed 1‐30 30‐60 60‐90 4‐6 6‐12 12‐18 18‐24 24+ Action 3: Conduct research on the issue of property division following catastrophic disasters and challenges faced in surveying property post-disaster.  P&D ENG Staff Action 4: Update the document Development Services Guide for After a Disaster to clarify which legal instruments will be acceptable proofs of ownership, for obtaining permits, following a disaster.  Development Services Guide for After a Disaster P&D ENG CA Staff Strategy 4: Continue Implementation of City of Clearwater Guiding DocumentsAction Action 1: Continue to issue permits in accordance with the Florida Building Code (FBC). ONGOING FBC P&D All City departments that review building permits Staff Action 2: Provide information to the public regarding mitigation programs outlined by the Floodplain Management Plan (FMP).  FMP ENG P&D PC Staff Printing costs Action 3a: Continue to administer CDBG, HOME and SHIP funds in accordance with the City’s 2011-2016 Consolidated Plan.       2011-2016 Consolidated Plan ED&H HUD Staff Staff Action 3b: Develop a Continuity of Operations Plan (COOP) for the Economic Development & Housing Department’s Housing Division that includes policies for coordinating with Federal HUD staff.  ED&H EM HUD Staff Staff Action 3c: Train Housing Division staff in procedures in administering programs following a disaster.  ED&H Annual training of staff Strategy 5: Continue Intergovernmental Coordination22Action Action 1: Enter into Interlocal Agreement with Pinellas County (for assistance with building plans and permit reviews following a disaster).  Interlocal Agreement w/ Pinellas County (Draft 2012) P&D PINCO City Attorney Staff Action 2: Continue to coordinate with Pinellas County as it develops the countywide Temporary Housing Ordinance.  PINCO Temporary Housing Ordinance (Draft March 2013) PINCO P&D City Attorney EM Staff 22 Strategy 5 Actions that reference assisting Pinellas County with implementation of its PDRP Action Plans indicate Actions where the City is a listed as “Municipality” under the “Required Collaboration” column in Pinellas County’s PDRP. The City intends to provide assistance only for those Actions. Attachment number 3 \nPage 84 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX C: ACTION PLAN 77 Implementation Timeline21 Context & Logistics Pre‐Disaster Short‐Term Recovery (days) Long‐Term Recovery & Redevelopment (months) Existing Plan or Policy Lead Entity Required Collaboration Resources Needed 1‐30 30‐60 60‐90 4‐6 6‐12 12‐18 18‐24 24+ Action 3: Assist Pinellas County with implementation of strategies relating to adequate supply of materials, labor and licensed contractors outlined in its PDRP’s Construction, Permitting and Historic Preservation Action Plan.     PINCO PDRP Construction, Permitting and Historic Preservation Action Plan PINCO P&D EM Staff Action 4: Assist Pinellas County with implementing actions from its PDRP Action Plans that transition residents back to permanent housing.       PINCO PDRP Construction, Permitting and Historic Preservation Action Plan and Health and Human Services Action Plan PINCO P&D ED&H EM Staff Action 5: Assist Pinellas County with implementation of strategies related to disaster housing outlined in its PDRP’s Land Use, Housing and Mitigation Action Plan.    PINCO PDRP Land Use, Housing and Mitigation Action Plan PINCO P&D ED&H EM Staff Action 6: Assist Pinellas County with implementation of strategies and actions related to building disaster-resilient affordable housing outlined in its PDRP’s Land Use, Housing and Mitigation Action Plan.         PINCO PDRP Land Use, Housing and Mitigation Action Plan PINCO P&D ED&H Staff Action 7: Assist Pinellas County with implementation of Appendix 4 of the Local Mitigation Strategy (LMS).  LMS PINCO P&D ENG EM Staff GOAL 2 (INFRASTRUCTURE AND PUBLIC FACILITY RECOVERY): RESTORE UTILITIES AND REPAIR INFRASTRUCTUREEFFICIENTLY, WHILE CONSIDERING MITIGATION IN LONG‐TERM REDEVELOPMENT OF INFRASTRUCTURE TO ENSURE THAT PUBLIC INVESTMENTS MINIMIZE FUTURE DAMAGE. Strategy 3: Decrease Vulnerability Action Action 1: Build sanitary sewer facilities and lift stations, where applicable, to the maximum extent feasible, to resist infiltration by floodwaters. ONGOING Comprehensive Plan Capital Improvement Program CDC Code of Ordinances City Engineering Construction Standards ENG PU P&D FIN Staff Capital Improvement funds Attachment number 3 \nPage 85 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX C: ACTION PLAN 78 Implementation Timeline21 Context & Logistics Pre‐Disaster Short‐Term Recovery (days) Long‐Term Recovery & Redevelopment (months) Existing Plan or Policy Lead Entity Required Collaboration Resources Needed 1‐30 30‐60 60‐90 4‐6 6‐12 12‐18 18‐24 24+ Action 2: Where applicable, repair or rebuild damaged infrastructure to minimize the potential for future damage. Unless the facility is necessary to serve the population of the coastal storm area, consideration shall be given to relocating public facilities outside the Coastal Storm Area.         Comprehensive Plan Stafford Disaster Relief and Emergency Assistance Act CDC Code of Ordinances City Engineering Construction Standards ENG PU P&D M&A CG FIN EM Staff FEMA Public Assistance Funds City insurance policies Bonding capacity Action 3: Repair or rebuild damaged critical facilities (e.g., water facilities, sewage treatment plants, lift stations and other utilities) to minimize vulnerability to hurricanes.         Comprehensive Plan Stafford Disaster Relief and Emergency Assistance Act CDC Code of Ordinances City Engineering Construction Standards ENG PU PU P&D CG FIN EM Staff FEMA Public Assistance Funds City insurance policies Bonding capacity Action 4: Maintain and replace coastal infrastructure as necessary to insure adequate Levels of Service to the existing population and to projected population increases at the planned density consistent with the Future Land Use Plan Element. ONGOING Comprehensive Plan Capital Improvement Program Stafford Disaster Relief and Emergency Assistance Act ENG PU P&D CG M&A FIN Staff Capital Improvement funds FEMA Public Assistance Funds City insurance policies Bonding capacity Action 5a: Address the removal, relocation, or structural modification of damaged infrastructure. Must be consistent with federal funding provisions.  ENG PU FIN P&D Staff Action 5b: Research federal funding available for infrastructure replacement.  FIN PU ENG Staff Action 5c: Develop a list of standards to categorize infrastructure post-disaster as needing removal, relocation or structural modification.  ENG PU P&D Staff Action 5d: Assess damage to public infrastructure and facilities based on previously developed list of standards.  PU EM Staff Action 5e: Prioritize damaged infrastructure and tie to available federal funding.    ENG PU P&D Staff Federal Funding Attachment number 3 \nPage 86 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX C: ACTION PLAN 79 Implementation Timeline21 Context & Logistics Pre‐Disaster Short‐Term Recovery (days) Long‐Term Recovery & Redevelopment (months) Existing Plan or Policy Lead Entity Required Collaboration Resources Needed 1‐30 30‐60 60‐90 4‐6 6‐12 12‐18 18‐24 24+ Strategy 5: Continue Intergovernmental CoordinationAction Action 1: Continue to coordinate with the MPO, TBRPC and TBARTA in planning regional infrastructure, keeping in mind ways to decrease vulnerability to disasters by appropriately siting and constructing infrastructure. ONGOING MPO’s Long Range Transportation Plan and Transportation Improvement Program TBRPC’s Future of the Region: A Strategic Regional Policy Plan for the Tampa Bay Region TBARTA’s Regional Transportation Master Plan PINCO MPO TBRPC TBARTA City Council and City staff that participate in various boards and committees City Council Staff Action 2: Assist Pinellas County with implementation of strategy and action relating to opening transportation corridors outlined in its PDRP’s Infrastructure Restoration Action Plan.  PINCO PDRP Infrastructure Restoration Action Plan PINCO EM Staff GOAL 3 (ENVIRONMENTAL RESTORATION): PROTECT AND ENHANCE NATURAL RESOURCES TO MITIGATE FUTURE DISASTERS. Strategy 4: Continue Implementation of City of Clearwater Guiding Documents Action Action 1: Continue to reinforce Comprehensive Plan Objectives and Policies related to beach, dune, natural land and habitat restoration. ONGOING Comprehensive Plan Capital Improvement Program US Army Corps of Engineers P&D ENG FIN FDEP FWC PINCO Staff Capital Improvement funds Beach Renourishment funds Action 2: Continue to implement goals and strategies in Clearwater Greenprint related to green buildings.       Clearwater Greenprint P&D Private sector businesses Local educational institutions Property owners Staff Funding Action 3: Implement Land Use and Urban Form Strategy 4 “Greenspace Expansion” from Clearwater Greenprint.       Clearwater Greenprint P&D P&D P&R PC Community groups/ organizations Staff Printing costs Attachment number 3 \nPage 87 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX C: ACTION PLAN 80 Implementation Timeline21 Context & Logistics Pre‐Disaster Short‐Term Recovery (days) Long‐Term Recovery & Redevelopment (months) Existing Plan or Policy Lead Entity Required Collaboration Resources Needed 1‐30 30‐60 60‐90 4‐6 6‐12 12‐18 18‐24 24+ Strategy 5: Continue Intergovernmental Coordination Action Action 1: Assist Pinellas County with implementation of the action relating to the identification of incentives for relocating away from high risk areas outlined in its PDRP’s Environmental Restoration Action Plan.  PINCO PDRP Environmental Restoration Action Plan PINCO P&D ENG Staff Action 2: Assist Pinellas County with implementation of the actions related to intergovernmental coordination in assessing and monitoring environmental contaminants outlined in its PDRP’s Environmental Restoration Action Plan.  PINCO PDRP Environmental Restoration Action Plan PINCO ENG EM SW Staff Action 3a: Ensure environmental and historical review of temporary sites is coordinated with applicable agencies at the federal, state and regional levels.    NEPA NHPA ENG P&D EPA NPS Staff Action 3b: Using the current building permit system, ensure temporary sites are either exempt from regulations (per Stafford Act) or meet regulations (per NEPA).    Stafford Act NEPA Building Permit Review Process P&D All City departments that review building permits EPA PINCO FDEP SWFWMD Staff Action 3c: Using the National Register of Historic Places list and the Florida Department of State, Division of Historic Resources Master Site File, determine historic significance of potential temporary site and building(s). If the site or building(s) are of historic significance, consideration should be given to choosing another temporary site. If this is not feasible, attempt to mitigate any impacts to the historic nature of the site or building(s).    National Register of Historic Places Master Site File EM P&D Staff Internet and telecom-munication access Action 4: Assist Pinellas County with implementation of the strategies and actions related to restoring the most viable habitats first.          PINCO PDRP Environmental Restoration Action Plan PINCO ENG EM Staff Action 5: Assist Pinellas County and the Tampa Bay Estuary Program with implementation of the Habitat Master Plan. ONGOING TBEP Habitat Master Plan TBEP ENG Staff Attachment number 3 \nPage 88 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX C: ACTION PLAN 81 Implementation Timeline21 Context & Logistics Pre‐Disaster Short‐Term Recovery (days) Long‐Term Recovery & Redevelopment (months) Existing Plan or Policy Lead Entity Required Collaboration Resources Needed 1‐30 30‐60 60‐90 4‐6 6‐12 12‐18 18‐24 24+ GOAL 4 (ECONOMIC RESUMPTION): ASSIST BUSINESSES IN ADEQUATELY PREPARING FOR A DISASTER AND ENHANCE THEIR ABILITY TO RECOVER FROM A DISASTER. Strategy 2: Get Back to Business Action Action 1a: Allow businesses that have structures deemed uninhabitable or requiring structural repairs to temporarily relocate in non-traditional commercial areas in the City to continue operations until structures can be repaired.      P&D All City departments that review building permits ED&H City Council Staff Action 1b: Prepare emergency ordinance(s) to allow temporary business use in non-traditional locations (e.g. hotel meeting space, community centers, etc.).  P&D ED&H EM City Council Business Task Force Staff Action 1c: Ensure businesses are aware of the opportunity to temporarily relocate (per Action 1a) through outreach from Economic Development staff, press releases and updates on the City website.    ED&H PC Staff Action 2: Coordinate with the Chambers of Commerce in developing a media campaign designed to bring tourism back to the community after a disaster.  Chambers of Commerce ED&H PC Staff Strategy 3: Decrease Vulnerability Action Action 1: Coordinate with the Chambers of Commerce in developing an informational program about hurricane preparedness for local businesses.  Chambers of Commerce ED&H EM Staff Action 2: Using the City’s existing business visitation program, provide information on disaster recovery to small businesses.  Business Visitation Program ED&H EM PC Staff Printing Costs Action 3: Coordinate seminars that help small businesses prepare for disasters through the Pinellas County Economic Development Small Business Development Center.  ED&H PC EDSBDC Staff Attachment number 3 \nPage 89 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX C: ACTION PLAN 82 Implementation Timeline21 Context & Logistics Pre‐Disaster Short‐Term Recovery (days) Long‐Term Recovery & Redevelopment (months) Existing Plan or Policy Lead Entity Required Collaboration Resources Needed 1‐30 30‐60 60‐90 4‐6 6‐12 12‐18 18‐24 24+ Strategy 4: Continue Implementation of City of Clearwater Guiding Documents Action Action 1: Continue to implement CRA grant programs and strategic plans. ONGOING Sidewalk Café Furniture Grant Program Cleveland Street District Retail Strategy Cleveland Street District Façade Improvement Program DDB Retail and Restaurant Recruitment Grant Program East Gateway District Vision Plan ED&H CRA Business community Staff Funding Action 2: Continue to implement the Economic Development Strategic Plan strategies related to diversifying the local economy. ONGOING Economic Development Strategic Plan ED&H P&D Business community Staff Funding Strategy 5: Continue Intergovernmental Coordination Action Action 1: Assist Pinellas County with implementation of strategies and actions related to business resumption and retention outlined in its PDRP’s Economic Restoration Action Plan.       PINCO PDRP Economic Restoration Action Plan PINCO ED&H P&D Staff Action 2: Assist Pinellas County with implementation of strategies and actions related to small business assistance outlined in its PDRP’s Economic Restoration Action Plan.       PINCO PDRP Economic Restoration Action Plan PINCO ED&H Staff Action 3: Assist Pinellas County with implementation of strategies and actions related to temporary housing and awareness of employment opportunities outlined in its PDRP’s Economic Restoration Action Plan.       PINCO PDRP Economic Restoration Action Plan PINCO ED&H P&D PC Staff Action 4: Assist Pinellas County with implementation of actions related to ensuring tourism returns after a disaster outlined in its PDRP’s Economic Restoration Action Plan.      PINCO PDRP Economic Restoration Action Plan PINCO ED&H PC Staff Attachment number 3 \nPage 90 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX C: ACTION PLAN 83 Implementation Timeline21 Context & Logistics Pre‐Disaster Short‐Term Recovery (days) Long‐Term Recovery & Redevelopment (months) Existing Plan or Policy Lead Entity Required Collaboration Resources Needed 1‐30 30‐60 60‐90 4‐6 6‐12 12‐18 18‐24 24+ GOAL 5 (LAND USE AND DEVELOPMENT): FACILITATE REDEVELOPMENT IN A TIMELY MANNER, WHILE SEIZING OPPORTUNITIES FOR MITIGATION. Strategy 1: Streamline Permitting Action Action 1: Amend the CDC for consistency with Comprehensive Plan Policy E.4.1.1.  Comprehensive Plan CDC P&D CA City Council Staff Action 2a: Amend the CDC for consistency with Comprehensive Plan Policy E.4.1.3.  Comprehensive Plan CDC P&D CA City Council Staff Action 2b: Update the document Development Services Guide for After a Disaster to include procedures needed to permit according to the previous action.  Development Services Guide for After a Disaster P&D All City departments that review building permits Staff Action 3: Review which development activities require administrative approval versus approval from the Community Development Board and consider a post-disaster policy framework that would allow for a shift to administrative approval for certain items, particularly for properties subject to special area plans (e.g., Beach by Design, Clearwater Downtown Redevelopment Plan). Amend the CDC or prepare emergency ordinance allowing for changes, if it is determined changes should be made.  CDC Beach by Design Clearwater Downtown Redevelopment Plan P&D CA DRC Members CDB City Council Staff Action 4: Review requirements for public hearings and time frames for staff review of applications in the context of a post-disaster development setting. Identify opportunities for decreasing the amount of time needed for development applications received after a declared disaster. Amend the CDC or prepare emergency ordinance allowing for changes, if it is determined changes can or should be made.  CDC State Statutes P&D CA DRC Members CDB City Council ORLS Staff Strategy 3: Decrease Vulnerability Action Action 1: Amend the Community Development Code for consistency with Comprehensive Plan Policy E.1.2.5.  Comprehensive Plan CDC P&D CA City Council Staff Action 2: Evaluate the Transfer of Development Rights (TDR) program. Amend the CDC if changes can be made to the TDR provisions that would increase use of the program.  CDC P&D CA CDB City Council Staff Attachment number 3 \nPage 91 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX C: ACTION PLAN 84 Implementation Timeline21 Context & Logistics Pre‐Disaster Short‐Term Recovery (days) Long‐Term Recovery & Redevelopment (months) Existing Plan or Policy Lead Entity Required Collaboration Resources Needed 1‐30 30‐60 60‐90 4‐6 6‐12 12‐18 18‐24 24+ Action 3: Research land use and development regulations aimed at reducing disaster vulnerability. Discuss incorporating these regulations into the CDC.  P&D CA DRC Members CDB City Council Staff Strategy 4: Continue Implementation of City of Clearwater Guiding Documents Action Action 1: Review procedures and timing in the demolition of unsafe structures. Depending on the outcome of the review, amend the Community Development Code to make changes that reduce post-disaster blight or continue to administer the program as currently outlined in the CDC.  CDC P&D CA MCEB City Council Staff Strategy 5: Continue Intergovernmental Coordination Action Action 1: Continue to participate in the LMS and consider development of voluntary mitigation programs.  LMS EM P&D ENG Staff Table Abbreviations City Staff CA = City Attorney CG = Clearwater Gas ED&H = Economic Development and Housing Department EM = Emergency Manager ENG = Engineering Department FIN = Finance Department M&A = Marine and Aviation Department ORLS = Official Records & Legislative Services P&D = Planning and Development Department P&R = Parks and Recreation Department PU = Public Utilities Department PC = Public Communications Department SW = Solid Waste Department City Committees & Boards CDB = Community Development Board DRC = Development Review Committee MCEB = Municipal Code Enforcement Board City Misc. CRA = Community Redevelopment Agency CDC = Community Development Code Regional FDEP = Florida Department of Environmental Protection FWC = Florida Fish and Wildlife Conservation Commission MPO = Pinellas County Metropolitan Planning Organization PINCO = Pinellas County PC EDSBDC = Pinellas County Economic Development Small Business Development Center SWFWMD = South West Florida Water Management District TBARTA = Tampa Bay Area Regional Transportation Authority TBEP = Tampa Bay Estuary Program TBRPC = Tampa Bay Regional Planning Council FederalEPA = U.S. Environmental Protection Agency FEMA = Federal Emergency Management Agency HUD = U.S. Department of Housing and Urban Development NPS = U.S. National Park Service Attachment number 3 \nPage 92 of 96 Item # 28 CITY OF CLEARWATER POST‐DISASTER REDEVELOPMENT PLAN APPENDIX D: ACCOMPLISHED PRE‐DISASTER ACTIONS 85 APPENDIX D – ACCOMPLISHED PRE‐DISASTER ACTIONS Goal, Strategy & Action Reference Number ActionDate Accomplished Summary of How Action was Accomplished Attachment number 3 \nPage 93 of 96 Item # 28 This page intentionally blank.Attachment number 3 \nPage 94 of 96 Item # 28 This page intentionally blank.Attachment number 3 \nPage 95 of 96 Item # 28 POST‐DISASTER REDEVELOPMENT PLAN CITY OF CLEARWATER, FLORIDA Attachment number 3 \nPage 96 of 96 Item # 28 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Approve Clearwater Marine Aquarium's (CMA) request to subordinate the City’s reverter interest in a portion of the CMA property to a $10 million term loan and modify the existing reverter provision to reflect same, and authorize appropriate officials to execute same. SUMMARY: The Clearwater Marine Aquarium (CMA) submitted a letter to the city manager requesting Council approval of a subordination agreement in favor of BB&T as mortgage lender to CMA. The letter and exhibits are attached. In 2010, CMA requested modification to the city reverter on a portion of the CMA property on Island Estates. The city agreed to subordinate its reverter interest to up to $8.6 million dollar loan. The current out standing balance on that loan is $4,606,455 with an amount remaining to be drawn of $232,724. In return for the City’s subordination, BB&T will provide the City with the right of first refusal to acquire its first mortgage position and/or title, if applicable, to Parcels 1, 2 and 3, should the City elect to exercise its reverter rights by paying off the existing indebtedness in the event of the Aquarium’s default or demise. The subordination agreement included provisions preventing additional loans secured by these parcels and included prohibitions on the replenishment of the debt as the outstanding balance was paid down, absent City approval. That provision is not included in the current proposed agreement. The City will have no obligation to purchase the mortgage, nor is the City guaranteeing any debt. Should the Aquarium fail and/or default on the outstanding indebtedness, and BB&T pursues its mortgage rights, the City would have the option to either obtain control of the entire CMA campus (all Parcels) in return for payment of the then existing debt balance, or waive this option, with BB&T then able to proceed with foreclosure on the Parcels. Review Approval:1) Official Records and Legislative Services Cover Memo Item # 29 Attachment number 1 \nPage 1 of 2 Item # 29 Attachment number 1 \nPage 2 of 2 Item # 29 -1- CHAR1\1315424v1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Branch Banking and Trust Company 28050 US Highway 19 N Clearwater, Florida 33761 Attn. Chip Falk Space above for Recorder's Use SUBORDINATION AGREEMENT This Agreement is made as of [________], 2013, by and among the City of Clearwater, Florida ("City"), a municipal corporation under Florida law, Branch Banking and Trust Company ("Bank"), a North Carolina banking corporation having offices in the State of Florida, and Clearwater Marine Aquarium, Inc. (formally known as Clearwater Marine Science Center, Inc., “Owner”), a Florida non-profit corporation. Factual Background A. City executed a Deed of Conveyance (the "Deed") dated September 12, 1986, to Owner granting and conveying the real property described in Exhibit A attached hereto (the "Property") to Owner as more particularly described therein. The Deed was recorded on September 18, 1986 in the Public Records of Pinellas County in O.R. Book 6319, Page 799. B. Owner requested financing of $8,600,000 from Bank for improvements to the Property and adjacent real property owned by Owner pursuant to tax-exempt financing established under (i) a Loan Agreement dated as of December 1, 2010 between Owner and the Pinellas County Industrial Development Authority, a political subdivision and body corporate and politic of the State of Florida (“Authority”) and (ii) a Bond Purchase Agreement dated as of December 29, 2010 among Owner, Authority and Bank (the “Bond Purchase Agreement”). C. Bank purchased Authority’s $8,600,000 Revenue Bond (Clearwater Marine Aquarium, Inc. Project), Series 2010 (the “Bond”) pursuant to the terms of the Bond Purchase Agreement and the proceeds of the Bond have been and are to be used by the Owner for the improvements to the Property and adjacent real property owned by the Owner. D. Owner guaranteed to Bank the full and prompt payment and performance by Authority of all of Authority’s obligations under the Bond pursuant to a Guaranty Agreement dated as of December 1, 2010 (the “Guaranty Agreement”) between Owner and Bank. E. The Guaranty Agreement is secured by, among other things, a Mortgage of Real Estate and Security Agreement dated as of December 1, 2010 and recorded in the Clerk of Court, Pinellas County Florida in Official Records Book 17129, Page 1391 (as amended or supplemented from time to time, including the amendment described below, the "2010 Bank Security Instrument") covering real property of Owner adjacent to the Property and the Property. F. Owner has requested financing of $[________] from Bank for [__________] pursuant to the taxable loan (the “Term Loan”) made pursuant to the Loan Agreement dated [________], 2013 between the Owner and the Bank (the “Loan Agreement”) as evidenced by that certain Promissory Note dated [_________], 2013 from the Owner in favor of the Bank in the principal amount of $[__________] (the “Term Note”). Attachment number 2 \nPage 1 of 7 Item # 29 -2- CHAR1\1315424v1 G. The Deed contains certain reversionary rights, restrictions and other limitations. The Bank has requested the Deed be modified. The City and Owner have executed and recorded the [Deed Modification Agreement] (the “Deed Modification”) dated [_________], 2013 in the Public Records of Pinellas County in O.R. Book _______, Page _______ pursuant to which certain modifications have been made to the reversionary rights, restrictions and limitations of the Deed. As used herein, the reversionary rights, restrictions and limitations in the Deed, as modified by the Deed Modification, are herein referred to as the “Restrictions and Limitations”. H. It is a condition to Bank providing the taxable loan evidenced by the Term Note to Owner and it is a condition to Bank agreeing to provide any additional financing to Owner in the future that the Bank have a lien on, in addition to other collateral, the Property and that such lien shall at all times be prior and senior to the Restrictions and Limitations. I. The Bond, the Guaranty Agreement, the Related Documents (as defined in the Guaranty Agreement), the Loan Agreement, the Term Note, the Loan Documents (as defined in the Loan Agreement) and any other document related to and evidencing any indebtedness owed by the Owner to the Bank are referred to herein as the "Secured Obligations". Agreement Therefore, the parties agree as follows: 1. City hereby subordinates in favor of Bank the Restrictions and Limitations and does hereby expressly acknowledge the priority of the liens and security interests of any mortgage given to secure the Secured Obligations (including the 2010 Bank Security Instrument, the “Bank Security Instruments”) over the Restrictions and Limitations and further agrees that the liens and security interests of the Bank Security Instruments shall unconditionally be and remain at all times a lien or charge on the Property prior and superior to the Restrictions and Limitations. 2. City understands that Bank would not make the Term Loan, advance proceeds of the Term Loan to or for the benefit of the Owner or enter into the Secured Obligations without this Agreement and that Bank is taking such actions in reliance upon, and in consideration of, the subordination and agreements provided in this Agreement. 3. City agrees and acknowledges that the recording of the Bank Security Instruments and the Secured Obligations do not and will not cause a default or violation on the part of the Owner under the Deed. City consents to the execution, delivery and performance by the Owner of the Bank Security Instruments and the grant of the liens and security interests under the Bank Security Instruments to secure the Secured Obligations, as the same may be amended from time to time. 4. The Owner agrees to use the proceeds of the Secured Obligations to benefit the real property and improvements owned by the Owner, including the Property and for other financing needs of the Owner.. City agrees and acknowledges that Bank, in making disbursements of the proceeds of the Secured Obligations, is under no obligation or duty to, nor has Bank represented that it will, see to the application of such proceeds by the person or persons to whom Bank disburses such proceeds and any application or use of such proceeds shall not defeat the subordination herein made in whole or in part. 5. City shall give Bank notice of any default by Owner under the Deed at the time such notice is given to Owner, and agrees to deliver to Bank copies of all further notices to Owner relating to such default. 6. As long as the Secured Obligations are outstanding, City will not take any action to enforce the Restrictions and Limitations on the Property against the Bank or its successors and assigns, and the City will not sell or otherwise transfer its reversionary interest in the Property. The Restrictions and Limitations shall continue in effect and be binding on the Owner and, in the event of a default by the Owner under the Restrictions and Limitations, the City may enforce its remedies available against the Owner for such default; provided that (x) the exercise of any such remedies shall be subject and Attachment number 2 \nPage 2 of 7 Item # 29 -3- CHAR1\1315424v1 subordinate to the Secured Obligations and the Bank Security Instruments and (y) the reversionary rights of the City shall be further subject to the following: the reversionary rights of the City shall not be effective in any manner unless (i) the City has repaid or caused to be repaid the outstanding principal, interest and other amounts owing to the Bank by the Owner under the Secured Obligations or (ii) the Bank has consented in writing to the reversion of the Property to the City, such written consent to be effective when recorded in the Public Records of Pinellas County in which the Deed is recorded. 7. Bank shall have the exclusive right to collect, foreclose upon, sell, transfer, liquidate or otherwise dispose of any and all collateral for the Secured Obligations, including the Property, in the manner deemed appropriate by Bank. City will not hinder Bank’s actions in enforcing its remedies with respect to such collateral. The City agrees that in the event of any foreclosure or deed in lieu of foreclosure in connection with realization on the Property under the Bank Security Instruments, the transferee of the Property shall take title to the Property free and clear of the Restrictions and Limitations. 8. Notwithstanding the above, in the event (i) a default by the Owner or its successors and assigns occurs under a Bank Security Instrument which is not waived or cured to the satisfaction of the Bank and (ii) following such default the Bank determines to commence action to foreclose on the Property under a Bank Security Instrument or to request a deed in lieu of foreclosure from the Owner, then the Bank shall provide the City with written notice of its determination to commence such action or make such request (such notice a “Default Notice”). The City shall, for a period of sixty (60) days following the date of delivery of the Default Notice, have the right to either (1) acquire from Bank or its successors and assigns all of the Bank’s right, title and interest in the Secured Obligations at a purchase price equal to the outstanding balance of principal, interest and other amounts due under the Secured Obligations on the date of such acquisition or (2) receive a deed in lieu of foreclosure from the Owner (which the Owner, at the direction of the Bank, agrees to provide) upon payment by the City to the Bank of a purchase price equal to the outstanding balance of principal, interest and other amounts due under the Secured Obligations on the date of such deed in lieu of foreclosure to be applied against such indebtedness. The rights of the City under this Section 8 shall terminate on the date sixty (60) days following the delivery to the City of the Default Notice. 9. The Owner agrees that, without the prior written consent of the City, it will not grant any other liens or encumbrances secured by the Property, other than the Bank Security Instruments. The Bank agrees that no more than $14,839,179 in principal will be advanced under the Secured Obligations at any one time (provided that, after a default under the Secured Obligations, the Bank may advance additional amounts necessary to protect and preserve the Property as provided by the Secured Obligations). The City agrees that amounts repaid by the Owner on the Secured Obligations may be re- advanced or re-Ioaned by the Bank to the Owner without the City’s consent or approval. 10. City acknowledges that this Agreement shall extend to and benefit the successors, assigns and transferees of Bank. 11. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, both written and oral, between the parties with respect to the subject matter contained in this Agreement. Attachment number 2 \nPage 3 of 7 Item # 29 -4- CHAR1\1315424v1 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written. City: CITY OF CLEARWATER, FLORIDA By: ______________________________ Name:____________________________ Title:______________________________ Bank: BRANCH BANKING AND TRUST COMPANY By: _____________________________ Name:___________________________ Title:_____________________________ Owner: CLEARWATER MARINE AQUARIUM, INC. By: _____________________________ Name:___________________________ Title:_____________________________ Attachment number 2 \nPage 4 of 7 Item # 29 -5- CHAR1\1315424v1 STATE OF FLORIDA ) ) PROBATE COUNTY OF ) PERSONALLY appeared before me, the undersigned witness and made oath that s/he saw the within- named CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, by , , sign, seal and as its act and deed, deliver the within-written instrument. Witness SWORN To and subscribed before me This day of , 2013. (SEAL) Notary Public for Florida My Commission Expires: STATE OF FLORIDA ) ) PROBATE COUNTY OF ) PERSONALLY appeared before me, the undersigned witness and made oath that s/he saw the within- named BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, by , _____________ President, sign, seal and as its act and deed, deliver the within-written instrument. Witness SWORN To and subscribed before me This day of , 2013. (SEAL) Notary Public for Florida My Commission Expires: STATE OF FLORIDA ) ) PROBATE COUNTY OF ) PERSONALLY appeared before me, the undersigned witness and made oath that s/he saw the within- named CLEARWATER MARINE AQUARIUM, INC., a Florida corporation, by , , sign, seal and as its act and deed, deliver the within-written instrument. Witness SWORN To and subscribed before me This day of , 2013. (SEAL) Notary Public for Florida Attachment number 2 \nPage 5 of 7 Item # 29 -6- CHAR1\1315424v1 My Commission Expires: Attachment number 2 \nPage 6 of 7 Item # 29 CHAR1\1315424v1 EXHIBIT A Attachment number 2 \nPage 7 of 7 Item # 29 Attachment number 3 \nPage 1 of 5 Item # 29 Attachment number 3 \nPage 2 of 5 Item # 29 Attachment number 3 \nPage 3 of 5 Item # 29 Attachment number 3 \nPage 4 of 5 Item # 29 Attachment number 3 \nPage 5 of 5 Item # 29 City Council Agenda Council Chambers - City Hall Meeting Date:6/19/2013 SUBJECT / RECOMMENDATION: Provide direction to City Manager and Staff regarding specific events for the City's Centennial Celebration in 2015 SUMMARY: Staff met individually with council members regarding events to commemorate the City's centennial in 2015. Staff is now requesting the council indicate which events they would like to pursue. Review Approval:1) Official Records and Legislative Services Cover Memo Item # 30 CLEARWATER CENTENNIAL CELEBRATION 2015 Attachment number 1 \nPage 1 of 24 Item # 30 COUNCIL PRIORITIES Attachment number 1 \nPage 2 of 24 Item # 30 COUNCIL PRIORITIES •January - Martin Luther King, Jr. Celebration •February – Sea Blues •March – Phillies Spring Training •April – Fun ‘n Sun Festival •May – Memorial Day (Actual centennial anniversary, May 27) •June – Clw Beach Restaurants Week? One event per month tied in with existing events Attachment number 1 \nPage 3 of 24 Item # 30 COUNCIL PRIORITIES •July – Clearwater Celebrates America •August – Taste of Clearwater? •September – Super Boat National Championship •October – Jazz Holiday •November – Veterans Day •December – Boat Parade One event per month tied in with existing events Attachment number 1 \nPage 4 of 24 Item # 30 COUNCIL PRIORITIES Courtney Campbell monument similar to St. Petersburg’s on the Howard Frankland Attachment number 1 \nPage 5 of 24 Item # 30 COUNCIL PRIORITIES Explore the values of the City of Clearwater over the years Attachment number 1 \nPage 6 of 24 Item # 30 CLEARWATER’S HISTORY DOWNTOWN 1925 DOWNTOWN Circa 2000 CITY COUNCIL 1994 Attachment number 1 \nPage 7 of 24 Item # 30 COUNCIL PRIORITIES •Reasons people settled in Clearwater •Elements that set Clearwater apart •Blast Fridays, other musical venues – music of the decades Focus on History of Clearwater Attachment number 1 \nPage 8 of 24 Item # 30 COUNCIL PRIORITIES •Local Artists •College Art Programs •High School Art Programs •Production at Capitol Theatre Historical Play or Short Films Contest Attachment number 1 \nPage 9 of 24 Item # 30 COUNCIL PRIORITIES •Ticketed Event •Thank sponsors and major business partners Centennial Ball Attachment number 1 \nPage 10 of 24 Item # 30 COUNCIL PRIORITIES •City’s Website •Facebook •Pinterest •Twitter •LinkedIn Social Media Presence Attachment number 1 \nPage 11 of 24 Item # 30 COUNCIL PRIORITIES •Concert series in Coachman Park •Include all of the City •Tie in with an existing concert series or new one One BIG Weekend event – free or low cost Attachment number 1 \nPage 12 of 24 Item # 30 COUNCIL PRIORITIES Neighborhood Banners With Centennial Logo Attachment number 1 \nPage 13 of 24 Item # 30 COUNCIL PRIORITIES •Call to Artists •Contests •Professionals, Amateurs, & Students •New City Seal •Centennial Logo •Centennial Artwork Attachment number 1 \nPage 14 of 24 Item # 30 COUNCIL PRIORITIES •Coffee Table Photo Book •Historical Prose •Determination of Author •Method of Distribution Commemorative Book Attachment number 1 \nPage 15 of 24 Item # 30 OPTIONS AND IDEAS •Ghost Tours of the Clearwater Cemetery & Capitol Theatre •High Schools/Colleges Alumni Football/Baseball Games •Include Surrounding Cities in Celebrations Attachment number 1 \nPage 16 of 24 Item # 30 •Honor former Councilmembers, Managers, and Attorneys •Promote Veterans Day and Memorial Day OPTIONS AND IDEAS Attachment number 1 \nPage 17 of 24 Item # 30 POTENTIAL PARTNERS AND RESOURCES •Bright House Networks •Chambers of Commerce •Clearwater for Youth •Clearwater Historical Society •Clearwater Marine Aquarium •Clearwater Neighborhoods Coalition Attachment number 1 \nPage 18 of 24 Item # 30 POTENTIAL PARTNERS AND RESOURCES •Coast Guard •Downtown Development Board •Faith Based Community •Jazz Holiday •Kiwanis/Rotary •Morton Plant Hospital Attachment number 1 \nPage 19 of 24 Item # 30 POTENTIAL PARTNERS AND RESOURCES •Phillies & Threshers •Pinellas County School Board •Ruth Eckerd Hall •Sertoma •Tampa Bay Veterans Alliance •Other groups Attachment number 1 \nPage 20 of 24 Item # 30 COINCIDING PARTNER EVENTS •U.S. Lifesaving Service and U.S. Revenue Cutter Service merged to form U.S. Coast Guard •Phillies first National League Championship and World Series Appearance •Construction of Morton Plant Hospital completed Attachment number 1 \nPage 21 of 24 Item # 30 FUNDRAISING OPTIONS •Pavers at Crest Lake Park •Create 501(c)3 Foundation •City financial commitment Attachment number 1 \nPage 22 of 24 Item # 30 FUNDRAISING OPTIONS •Paid events to subsidize free/low cost events •Individual partners finance add-ons to their existing events •City funds one or two additional events Attachment number 1 \nPage 23 of 24 Item # 30 CLEARWATER CENTENNIAL CELEBRATION 2015 Attachment number 1 \nPage 24 of 24 Item # 30