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09/05/2013 City Council Agenda Location: Council Chambers - City Hall Date: 9/5/2013- 7:00 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 4.1CareFest Proclamation - Oasis Centro Cristiano, Pastor Joe Lugo Attachments 4.2Florida Works Day Proclamation - recipient Assistant City Manager Jill Silverboard, Florida Local Government Coalition (FLGC) Steering Committee member. Attachments 4.3FFEA SunSational Awards - Brian Craig, Events and Athletics Coordinator Attachments 5. Approval of Minutes 5.1Approve the minutes of the August 14, 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 7.1Approve State Housing Initiatives Partnership (SHIP Program) annual reports for fiscal years 2010-2011, 2011-2012 and 2012-2013. Attachments 8. Second Readings - Public Hearing 8.1Continue to September 19, 2013: Adopt Ordinance 8424-13 on second reading, annexing certain real property whose post office address is 3030 Union Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.2Continue to September 19, 2013: Adopt Ordinance 8425-13 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 3030 Union Street, upon annexation into the City of Clearwater, as Residential Suburban (RS) and water/drainage feature. Attachments 8.3Continue to September 19, 2013: Adopt Ordinance 8426-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3030 Union Street, upon annexation into the City of Clearwater, as Low Density Residential (LDR). Attachments 8.4Continue to September 19, 2013: Adopt Ordinance 8427-13 on second reading, annexing certain real property whose post office address is 3030 Union Street [smaller parcel] into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.5Continue to September 19, 2013: Adopt Ordinance 8428-13 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 3030 Union Street [smaller parcel], upon annexation into the City of Clearwater, as Residential Suburban (RS). Attachments 8.6Continue to September 19, 2013: Adopt Ordinance 8429-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3030 Union Street [smaller parcel], upon annexation into the City of Clearwater, as Low Density Residential (LDR). Attachments 8.7Adopt Ordinance 8434-13 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1515 South Highland Avenue from Office (O) to Medium Density Residential (MDR). Attachments 8.8Adopt Ordinance 8438-13 on second reading, making amendments to Beach By Design: A Preliminary Design for Clearwater Beach and Design Guidelines by amending Section II, Future Land Use, Subsection C. The “Marina District,” to reference the standards to which the public boardwalk must comply; and by adopting the Marina District Boardwalk Design Guidelines and Specifications. Attachments City Manager Reports 9. Consent Agenda 9.1Declare list of vehicles and equipment surplus to the needs of the City; authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida; and authorize the appropriate officials to execute same. (consent) Attachments 9.2Authorize purchase orders for payment of premiums under the City’s 1% Life Insurance program for the continuation of individual life insurance plans with New York Life Insurance in the amount of $450,000 for the period from September 1, 2013 to September 30, 2016 and with Principal Life Insurance in the amount of $200,000 for the period from October 1, 2013, to September 30, 2016. (consent) Attachments 9.3Approve the settlement agreement between John Kleinfelter, et al. and the City of Clearwater in the amount of $155,000. (consent) Attachments 9.4Approve Lease Agreement between the City of Clearwater and Florida Sports Foundation, Inc. (FSF), from November 1, 2013 to October 31, 2018, for the lease of City-owned office space located at the Long Center, 1501 N. Belcher Road; and authorize the appropriate officials to execute same. (consent) Attachments 9.5Approve a proposal by Construction Manager at Risk Keystone Excavators, Inc., of Oldsmar, Florida in the amount of $350,000 for the construction of a 10-foot wide recreation trail encircling Lake Belleview, which is in Ed Wright and Ross Norton Parks, and authorize the appropriate officials to execute same. (consent) Attachments 9.6Approve acceptance of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant in the amount of $56,631 and additional 2.7 Full Time Equivalent Position (FTE) and authorize the appropriate officials to execute same. (consent) Attachments 9.7Award a contract (purchase order) to General Chemical, of Parsippany, NJ for the purchase of Liquid Aluminum Sulfate in the amount of $370,320.23 during the contract period October 1, 2013 through September 30, 2016, being the lowest, most responsive bid for BID 23-13, and authorize the appropriate officials to execute same. (consent) Attachments 9.8Award a contract (Purchase Order) to Allied Universal Corp of Miami, from October 1, 2013 through September 30, 2014, with two one-year renewal options, for a total of $380,000 for the first contract period, for Liquid Sodium Hypochlorite, and authorize the appropriate officials to execute same. (consent) Attachments 9.9Award a construction contract to Layne Inliner, LLC, of Sanford, Fl, in the amount of $338,833.00 for the Hillcrest Pipe Lining Project (13-0022-EN) and authorize the appropriate officials to execute same. (consent) Attachments 9.10Approve additional funding to the United States Army Corp of Engineers (USACE) in the amount of $870,000 for the Stevenson Creek Estuary Restoration Project. (consent) Attachments 9.11Appoint Jeffery W. Smith to the Clearwater Housing Authority Board with term to expire September 30, 2017 and reappoint Jan Moss for a term to expire September 30, 2017. Attachments 9.12Authorize the City Attorney to hire Jeffrey Hinds, Esq. of Smolker, Bartlett, Schlosser, Loeb and Hinds, P.A. to represent the City in the case of David and Aileen Bair v. City of Clearwater for the initial amount of $40,000.00 and authorize the appropriate officials to execute same. (consent) Attachments 9.13Reappoint Councilmember Doreen Hock-DiPolito to serve as the City's representative on the Pinellas County Metropolitan Planning Organization with term to expire on September 12, 2017. (consent) Attachments 9.14Authorize the City Attorney to hire Alan Zimmet, Esq. of Bryant Miller Olive to represent the city in the matter of Petersen and Spatuzzi v. City, and authorize the appropriate officials to execute a Legal Services Agreement. (consent) Attachments 10. Other Items on City Manager Reports 10.1Review and approve the proposed sculpture collection for Sculpture360: Season VI – Art in the Cleveland Street District. Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1City Manager Verbal Reports Attachments 12. Other Council Action 12.1Reschedule Work Session and Council Meetings - Councilmember Jonson Attachments 13. Closing Comments by Mayor 14. Adjourn City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: CareFest Proclamation - Oasis Centro Cristiano, Pastor Joe Lugo SUMMARY: Review Approval: Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Florida Works Day Proclamation - recipient Assistant City Manager Jill Silverboard, Florida Local Government Coalition (FLGC) Steering Committee member. SUMMARY: Review Approval: Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: FFEA SunSational Awards - Brian Craig, Events and Athletics Coordinator SUMMARY: Review Approval: Cover Memo Item # 3 Pinellas Take Stock in Children /Doorways Scholarship Program City of Clearwater Take Stock in Children /Doorways Scholar Snapshot Schools within the City of Clearwater with a TSIC /DW program: 6;1111;1"; Ilona Clearwater Fundamental Clearwater Intermediate Oak Grove Clearwater High Countryside High Current Take Stock in Children Scholars per school: Clearwater Fundamental 7 Clearwater Intermediate 0 Oak Grove 5 Clearwater High 49 Countryside High 30 Take Stock in Children Alumni (active in college /college grad) per high school: Clearwater High 77 alumni Countryside High 76 alumni THE CITY OF CLEARWATER CAN PARTNER WITH THE PINELLAS TAKE STOCK IN CHILDREN /DOORWAYS PROGRAM IN MANY WAYS: Allow city employees to mentor /tutor at a local school during business hours through our Change a Life over Lunch initiative (please see enclosed sample administrative policy) z Host Mentor Training Workshops at libraries or community centers Establish a payroll deduction campaign to raise funds to provide more scholarships Invite local chambers of commerce, businesses, individuals, and civic /social organizations to join you and make a difference in the lives of worthy, at -risk students in your city Spread the word about the Pinellas Take Stock in Children /Doorways program via website, mailers, and social media platforms Form a team and participate in our annual Strides for Education 5K Walk/Run (this is a great way to support your current wellness initiatives) OUR COMMITMENT: We will tailor a personalized plan for your municipality, supply branded collateral, conduct on -site mentor training workshops, and provide logistical support and contact information for your local schools. We will also recognize your '`3municipalityonourwebsite, social media platforms and extend invitations to attend Pinellas Take Stock in Children events. Staff members and TSIC /DW Scholars are available to speak at city council meetings. r Please see reverse for details on the Pinellas Take Stock in Children /Doorways Program , yr Gi o• u What is the Pinellas Take Stock in Children /Doorways program? This program provides a unique opportunity for deserving low- income students, many from minority families, to escape the cycle of poverty through education and a caring mentor. We offer our students Florida Prepaid two or four year college scholarship, caring volunteer mentors and hope for a better life. Our comprehensive services start in middle school, continue through high school and include their transition into college. What does a scholarship cost? Donor contributions are matched dollar- for - dollar by the Florida Prepaid Foundation. That means that every contribution, no matter the size, will be doubled in value. Currently, the cost of a two year scholarship is $3,950 and the cost of a 4 year scholarship is $7,950, both will be fully matched to fund one deserving student's college education. How does a student gain entrance to the program? Through an online application process; parents, relatives, friends and teachers may nominate students for a TSIC Scholarship. A scholarship maybe awarded in grades 6 -10. Students being nominated must have a "C" or better in each class and have financial need to be considered and be participating in the free and reduced lunch program at their school. Nominees are reviewed and interviewed at their school. The schools will submit to the Foundation eligible nominees. At this time, parents are notified and required to submit to the Pinellas Education Foundation their most recent tax returns to verify financial eligibility. The number of students will be determined by the geographic number of scholarships available. How many students are eligible for this program? There are approximately 40,000 students in Pinellas County who are eligible for this scholarship. What happens once a student is in the program? Students selected attend a contract signing with their parent/guardian. At this gathering students sign a contractual obligation to attend school regularly, meet with a mentor, maintain at least a "C" in all classes, study for tests, complete homework assignments and remain crime and drug free. All TSIC /DW scholars are required to write a thank you letter updating their sponsor each year. These letters are shared with the donors. Can a student be removed from the program? Sadly yes. If a student fails to maintain the contract they may be removed. When a student is out of compliance, a student advocate is sent to meet with the child and craft a plan for positive outcomes. If after two semesters the student has not become compliant a certified letter is sent to the home notifying the parent/child of pending withdrawal from the program with an opportunity for appeal. The student may submit the appeal request, at which time a TSIC /DW committee (made of up of district staff and community leaders) reviews and determines if the student is removed. What benefit does this program provide to my community? Students who participate in the TSIC /DW scholarship program have a higher graduation rate from high school (93 %). TSIC participants have a dedicated student advocate who provide continuous assistance and intervention services. Parents remain engaged in their child's academic and personal development. How can our employees and constituents help contribute to a scholarship? Contributions of any size will be matched dollar for dollar. Employers may choose to establish a payroll deduction campaign. Employees may work directly with the Pinellas Education Foundation and have a monthly deduction cycle established (paying by check or credit card). How can our employees become mentors? Why is this important? The Pinellas Education Foundation works closely with Pinellas County Schools to train mentors. As an employer, you can have a mentor training held onsite. It is important for employees to consider being mentors. All TSIC /DW scholars are paired with a mentor. Mentors provide support, guidance and encouragement. A mentor will change a life by helping a student build a solid foundation of values, establish goals, improve their academic and life skills, while developing their self- esteem and confidence. What happens after high school graduation? When a TSIC /DW scholar enters 12th grade, our college advocate contacts them. There are multiple meetings throughout their senior year. These meetings are meant to provide a smooth transition for the child into post- secondary school. Once attending college, yearly updates and thank you letters are required. What is the Pinellas Education Foundation's role in this program? The Pinellas Education Foundation is the fiscal agent for the Florida Prepaid scholarship and the program manager for the Pinellas Take Stock in Children /Doorways program. We will ensure that the TSIC /DW scholar meets all contractual obligations. This program each year is monitored by an outside auditing house. We are proud to report no accounting findings. City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Approve the minutes of the August 14, 2013 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 4 Council 2013-08-14 1 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 14, 2013 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Also Present: 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 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 – Bob Brubaker from Christ Community Presbyterian Church 3. Pledge of Allegiance - Councilmember Doreen Hock-DiPolito 4. Presentations - Given. 4.1 Diversity Poster Award Diversity Leadership Council representatives Jennifer Obermaier and Ben Elbo recognized finalists in all age groups and presented gift cards to the grand prizewinner and two runner-ups. Office on Aging Manager Kerry Marsalek reviewed diversity themed activities and discussion topics that occurred at the Clearwater Aging Well Center. 4.2 ASA Gold Nationals - Carlton Benton, ASA Florida Commissioner; Chris Wirth, Florida ASA State Junior Olympics Commissioner; and Kevin Smith, St. Pete/Clearwater Sports Commission Director Mr. Benton thanked the Council and staff for their dedicated efforts and presented the City with a signed commemorative poster. Draft Attachment number 1 \nPage 1 of 18 Item # 4 Council 2013-08-14 2 4.3 Certificate of Appreciation to Clearwater Airpark Advisory Board - Presented by Yvonne Rodriquez, Commander of the Clearwater Composite Squad of the Civil Air Patrol. Cdr. Yvonne Rodriguez thanked the City, staff, and the Airpark Advisory Board for their continued support and efforts related to hosting the Civil Air Patrol/Veterans Alliance while relocating. A plaque was presented to the Airpark Advisory Board and the City Council. 5. Approval of Minutes 5.1 Approve the minutes of the August 1, 2013 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Doreen Hock-DiPolito moved to approve the minutes of the August 1, 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 Bob Fohrmeister requested Council consideration for the City to become a Purple Heart City. Robert Freedman thanked the City for installing concrete on the south side of Old Coachman Road for those accessing the sidewalk with bicycles, tricycles and strollers. Mark Blanchard expressed concerns regarding the PSTA bus stop location on the west side of Memorial Causeway and the lack of decorative lighting on the Memorial Causeway at night. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines to reference the standards by which the public boardwalk must comply, adopt the Marina District Boardwalk Design Guidelines and Specifications, and pass Ordinance 8438-13 on first reading. In 2001, the City adopted Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. This special area plan sets forth a series of revitalization strategies for Clearwater Beach and established character districts to regulate land use, location of uses, and, generally, the scale of development. The proposed amendment to the Marina District section of Beach by Design incorporates language referencing new Marina District Design Guidelines and Draft Attachment number 1 \nPage 2 of 18 Item # 4 Council 2013-08-14 3 Specifications and adopts by reference detailed design guidelines and specifications for the development of the public boardwalk contained within the document, which was developed, by the City’s Parks and Recreation Department. The new design guidelines and specifications address requirements including finish materials, lighting, trash receptacles, benches, landscaping, and specific requirements related to the boardwalk construction and materials (e.g., timber piles, decking, and railing). Typical sections of the boardwalk and East Shore Drive sidewalk are provided as well, in order to provide further guidance and illustrate the requirements. The document also identifies two required public entry nodes at Baymont and Papaya Streets as well as a public access plaza adjacent to the public parking lot north of Memorial Causeway, and provides specifications with regards to finish materials, landscaping, bicycle racks, water fountains, and lighting for these entry nodes. The Community Development Board (CDB) reviewed the proposed text amendments at its public hearing on July 17, 2013 and unanimously recommended approval. Councilmember Doreen Hock-DiPolito moved to approve amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines to reference the standards by which the public boardwalk must comply, adopt the Marina District Boardwalk Design Guidelines and Specifications. The motion was duly seconded and carried unanimously. Ordinance 8438-13 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8438-13 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, Councilmember Jay E. Polglaze "Nays": None 8. Quasi-judicial Public Hearings 8.1 Approve a Zoning Atlas Amendment from the Office (O) District to the Medium Density Residential (MDR) District for property located at 1515 South Highland Avenue, consisting of a portion of the southwest of Section 23, Township 29 South, Range 15 East, and pass Ordinance 8434-13 on first reading. (REZ2013- 05003) Draft Attachment number 1 \nPage 3 of 18 Item # 4 Council 2013-08-14 4 This rezoning application involves a 4.91-acre property owned by Highland Group Clearwater, LLC, located on the southeast corner of Nursery Road and South Highland Avenue. This property has a Future Land Use Map classification of Residential/Office General (R/OG) and a Zoning Atlas designation of Office (O). The request is to amend the Zoning Atlas designation from Office (O) to Medium Density Residential (MDR), which is also consistent with the Residential/Office General (R/OG) Future Land Use Map classification of the property. The subject property contains primarily vacant land with a drive isle near the eastern property line that connects to the shopping center to the south (LaBelle Plaza); there are also approximately 93 parking spaces on the southern portion of the parcel that are used by LaBelle Plaza. In 2007, a development order for the subject property was issued for 68 attached dwellings and 19,199 square feet of non-residential floor area (per a Court Order and Stipulation) through a Flexible Development application. The development order expired in March 2010 when the building permit requirement was not met. No application for development has been received as of date, but the Zoning Atlas Amendment application materials indicate the applicant intends to develop an assisted living facility on the subject site. The Planning and Development Department has determined that the proposed Zoning Atlas amendment is consistent with the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code; • The proposed amendment is compatible with the surrounding property and character of the neighborhood; • The available uses in the Medium Density Residential (MDR) District are compatible with the surrounding area; • The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and • The proposed Medium Density Residential (MDR) District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. The Community Development Board reviewed this application at its public hearing on July 16, 2013 and unanimously recommended approval of the Zoning Atlas amendment. Draft Attachment number 1 \nPage 4 of 18 Item # 4 Council 2013-08-14 5 Planning and Development Director Michael Delk said the minimum standard height is thirty feet. The maximum height available through the Level 2 flexible development would be fifty feet. The parking spaces provided for on the Applicant’s requested property for the adjoining shopping center are in excess of city code requirements. One individual spoke in opposition. Councilmember Doreen Hock-DiPolito moved to approve a Zoning Atlas Amendment from the Office (O) District to the Medium Density Residential (MDR) District for property located at 1515 South Highland Avenue, consisting of a portion of the southwest of Section 23, Township 29 South, Range 15 East. The motion was duly seconded and carried unanimously. Ordinance 8434-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to pass Ordinance 8434-13 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, Councilmember Jay E. Polglaze "Nays": None 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8409-13 on third reading, annexing certain real property whose post office address is 2200 and 2251 Montclair Road, together with all of the right of way of Montclair Road, C.R. 584, lying in the East of the NE of Section 01, Township 29 South, Range 15 East, together with all of the right of way of Montclair Road, C.R. 584, and Sunset Point Road, C.R. 576, lying in the NW of Section 06, Township 29 South, Range 16 East. Ordinance 8409-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8409-13 on third 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, Councilmember Jay E. Polglaze "Nays": None Draft Attachment number 1 \nPage 5 of 18 Item # 4 Council 2013-08-14 6 9.2 Adopt Ordinance 8423-13 on second reading, making amendments to the Community Development Code by amending Article 2 to establish veterinary clinics as a minimum standard use and deleting veterinary clinics as a flexible development use; amending Article 4 regarding the process for Hotel Density Reserve Development Agreements and general Development Agreements, and amending Article 8 regarding definitions of Development Agreements, General and Development Agreements, Hotel Density Reserve. Ordinance 8423-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8423-13 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, Councilmember Jay E. Polglaze "Nays": None 9.3 Adopt Ordinance 8437-13 on second reading, vacating the 10 ft. platted Utility Easement, abutting the southwest property line of Lots 5 and 6, Block C, depicted and described in the Plat titled Unit 5 Island Estates of Clearwater as recorded in Plat Book 51, Page 34 in the public records of Pinellas County, Florida. Ordinance 8437-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8437-13 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, Councilmember Jay E. Polglaze "Nays": None 10. Consent Agenda – Approved as submitted. 10.1 Approve the second amendment to the Management Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce, Inc. to extend the Agreement for a one year period, authorize funding in the amount of $50,000 in Fiscal Year 2013-2014 for the operation of the Beach Visitor Information Center (BVIC), and authorize the appropriate officials to execute Draft Attachment number 1 \nPage 6 of 18 Item # 4 Council 2013-08-14 7 same. (consent) 10.2 Approve the purchase of excess liability, excess workers compensation, and numerous specialty insurance policies, October 1, 2013 through October 1, 2014, at an amount not to exceed $695,000.00, and authorize the appropriate officials to execute same. (consent) 10.3 Approve an Interlocal Agreement for Library Services in Pinellas County for a term of five years, effective October 1, 2013, with a possible extension for an additional five years and authorize the appropriate officials to execute same. (consent) 10.4 Approve a contract (purchase order) with Backstage Library Works to complete the RFID tagging project for the Clearwater Public Library System for an amount not to exceed $161,000 and authorize the appropriate officials to execute same. (consent) 10.5 Approve an increase to the 2012/13 Pier 60 Operations budget in the amount of $77,000 to cover the increased cost of items for resale at Pier 60 bait house and additional personnel costs; authorize an increase of $73,980 to the 2013/14 Pier 60 Operations budget to include additional personnel costs; authorize the addition of 1.6 FTE positions, for a total of 7.5 FTE positions at Pier 60, funded in 2013/14; and authorize an increase to the walk on fee, from $.50 to $1.00. (consent) 10.6 Approve the Fifth Amendment to Sports Facility Use Agreement between the City of Clearwater (City) and Phillies Florida LLC (Phillies) providing for clarification of Section 7 of the agreement involving revenue and authorize the appropriate officials to execute same. (consent) 10.7 Approve a new Capital Improvement Project entitled Marina District Boardwalk and Entry Nodes 315-93639, for $606,510, from undesignated Special Development Fund retained earnings, to design and construct three access entry nodes for the future Marina District Boardwalk at Baymont and Papaya Streets and the pedestrian walk under bridge at SR 60. (consent) 10.8 Approve an agreement between The Governor’s Commission on Volunteerism and Community Service and the City of Clearwater renewing the AmeriCorps Clearwater program for the period of January 1, 2014 through December 31, 2014, including a cash match in the amount of $89,291, and authorize the appropriate officials to execute same. (consent) 10.9 Approve an Interlocal Agreement between the Clearwater Community Draft Attachment number 1 \nPage 7 of 18 Item # 4 Council 2013-08-14 8 Redevelopment Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year 2013/2014 in the amount of $159,786.00 (salary, benefits, fuel) to underwrite the cost of additional Community Policing Services by the Clearwater Police Department in the East Gateway CRA District, pursuant to the new East Gateway Five-Year Action Program for Fiscal Years 2012-2017, and authorize the appropriate officials to execute same. (consent) 10.10 Approve a contract (Blanket Purchase Order) to Hose and Hydraulics, Inc. of Clearwater, FL in the amount of $150,000 for the purchase of replacement hydraulic parts and repairs for vehicles and equipment used by city departments during the contract period, August 1, 2013 through July 31, 2014, in accordance with Sec. 2.564(1)(d), Code of Ordinances, Pinellas County Contract 089-0496- Q and authorize the appropriate officials to execute same. (consent) 10.11 Authorize placement of Restrictive Covenant over City Property (Solid Waste Fueling Site), located at 1701 N. Hercules Ave, Clearwater FL. and authorize the appropriate officials to execute same. (consent) 10.12 Award a construction contract to Pepper Contracting Services Inc., of Tampa Florida in the amount of $446,284.30 for Town Pond Modifications Phase II (11- 0008-EN), and authorize the appropriate officials to execute same. (consent) Councilmember Jay Polglaze moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute the same. The motion was duly seconded and carried unanimously. City Manager Reports 11. Other Items on City Manager Reports 11.1 Endorse the application for Project Banner and commit the City of Clearwater to provide local financial support (Local Match) of ten percent of the eligible tax refund upon certification by State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 13-18. The Florida Legislature created Florida Statute, Section s.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 s.288.075 and s.288.106, the applicant requests certain information, including the name of the company, remain confidential until such time as is required under statute or Draft Attachment number 1 \nPage 8 of 18 Item # 4 Council 2013-08-14 9 desired by the applicant. Project Banner 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 Banner’s commitment to expand 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 Banner are met, subject to limitations described below. The QTI Program works as an inducement to encourage companies to locate or expand in Florida. In accordance with the QTI Program eligibility criteria, no commitment to expand in Florida has been made at this time. The incentive may not exceed that which is requested in the application. QTI Program Description As required by the QTI Program, the Project Banner’s expansion will increase the Company’s employment in Florida by greater than 10% and, as evidenced by staff’s economic impact analysis the proposed new jobs will make a significant economic contribution to the area economy. Project Banner is seeking State, County and City inducement to expand operations and to create additional jobs in the City of Clearwater. The Company projects to add 143 jobs over two years beginning in 2014. Project Banner’s job creation schedule is as follows: Description of Project Phase Number of net new full-time equivalent Florida jobs created in the business unit Date by which jobs will be created I 39 12/31/2014 II 104 12/31/2015 Total 143 Below are the types of jobs expected to be created by this manufacturing company: Draft Attachment number 1 \nPage 9 of 18 Item # 4 Council 2013-08-14 10 Business Unit Activities 6 Digit NAICS Code(s) Project Function Annualized Wage ($) Fabrication, Wind, Assembly 334416 75.5% $31,741.00 Engineering, Testing 334416 3.4% $43,680.00 Base (engineer, planning, shop ops) 334416 21.0% $78,500.00 Average Wage 100% $41,968.00 Average wages of all new jobs created by Project Banner is to be no less than $41,810, which is 100% of the Pinellas County’s Annual Average Wage but less than 115% of the Pinellas County average wage as published by Enterprise Florida on January 1, 2013. Affirming the Project Banner is a manufacturing project, it is eligible to receive a waiver of the average wage requirement authorized by s.288.106 (4)(b)1.b, Florida Statutes. Staff supports this request because the proposed expansion will improve long-term viability of an existing product line, benefit local suppliers, increase the capital investment of real and personal property and create 143 new jobs in the City. 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 five 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 $3,000 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. Therefore, the maximum Local Match award per new job created is $300 for a total Local Match of $42,900. Disbursement of the Local Match is spread over a period of five 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: Payment Schedule Draft Attachment number 1 \nPage 10 of 18 Item # 4 Council 2013-08-14 11 PHASE # JOBS ELIGIBLE AWARD MAX OF 25%/YR FY14-15 FY15-16 FY16-17 FY17-18 FY18-19 I 39 $11,700 $2,925 $2,925 $2,925 $2,925 $2,925 II 104 $31,200 $7,800 $7,800 $7,800 $7,800 $7,800 TOTAL 143 $42,900 $2,925 $10,725 $10,725 $10,725 $7,800 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. During the term of the agreement, the Local Match may be lowered under the following conditions: Conditions of Limitation & Termination • 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 $41,810, the company will not receive a refund and will be terminated from the program. The Fiscal Year 2014-2015 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. Funding Source Councilmember Jay Polglaze moved to endorse the application for Project Banner and commit the City of Clearwater to provide local financial support (Local Match) of ten percent of the eligible tax refund upon certification by State of Florida Department of Economic Opportunity (DEO). The motion was duly seconded and carried unanimously. Draft Attachment number 1 \nPage 11 of 18 Item # 4 Council 2013-08-14 12 Resolution 13-18 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Resolution 13-18. 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, Councilmember Jay E. Polglaze "Nays": None 11.2 Authorize the Economic Development Director to negotiate possible tax refunds and exemptions, fee waivers, reductions or refunds to encourage Project Banner to expand within the City of Clearwater, providing that the fiscal and economic impact analysis of the proposed expansion yields a maximum payback period of 7 years and a minimum rate of return of 10%, and adopt Resolution 13-21. Pursuant to Florida Statute, Section s.288.075 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 Banner is the alias name of the applicant company. Project Banner is seeking to expand operations, thereby adding 143 jobs meeting 100% of the Pinellas County average annual wage as published by Enterprise Florida, Inc. in January 2013, and making significant capital investment improving the overall tax base. This resolution provides authorization for the Economic Development Director to negotiate possible tax refunds and exemptions and cash and non-cash incentives as an inducement to expand Project Banner’s operations in the City of Clearwater. Incentives may include: Tax Refunds and Exemptions - Real and tangible property tax exemption of up to 75% per year for 10 years on the City-portion of real and tangible taxes. (Exemption allowed on the increment only, not on the current taxes.) Tax refund of certain taxes as identified by the Qualified Target Industry Tax Refund Program (10% Local Match only). Cash and Non-Cash Incentives – Cost of road improvements as deemed warranted by independent traffic study Draft Attachment number 1 \nPage 12 of 18 Item # 4 Council 2013-08-14 13 Impact fees (City-portion only) Permit fees Application fees Public Art fees Other fees as required by the City Fast track permitting Utility rate concessions Utility franchise fees Other rebates, exemptions, waivers, refunds, reductions Incentives offered to and negotiated with Project Banner must yield an estimated payback period of no greater than 7 years with an estimated rate of return of no less than 10% as determined by economic impact analysis. The maximum cash and value of non-cash incentives is not to exceed the value of the road improvements, fees, fee refunds, reductions or waivers. Impact Analysis The Economic Development Director has conducted an impact analysis of the expansion of Project Banner, using Total Impact TM model software by Impact DataSource, an economic consulting, research and analysis firm that provides high-quality economic research specializing in economic and fiscal impact analysis and incentive analysis. Total Impact model software evaluates relevant direct and indirect economic impacts of the expansion of Project Banner, including the number of new jobs created, number of new workers and residents in the city, new taxable sales in the area, new taxable lodging sales in the area, and new residential and commercial property to be added to the city tax rolls. The software also performs an evaluation of fiscal impacts, which estimates the fiscal impact of additional revenues and costs for City of Clearwater and provides an analysis of possible incentives under consideration including what-if analysis, which evaluates cash incentives as an investment in the project and determines the rate of return and payback period for the investment. The analysis compares Draft Attachment number 1 \nPage 13 of 18 Item # 4 Council 2013-08-14 14 the incentives to the net fiscal benefit for the community over a period of time, and serves as a consistent and objective way to evaluate projects. Incentives Policy It is the intention of the Economic Development Director to bring forward at a future date an incentives policy to provide guidelines with an established minimum rate of return and maximum payback period using this Total Impact model. This resolution does not establish such guidelines for future projects and reflects only the guidelines for use with Project Banner. Any agreement reached under this resolution must be brought back before the City Council for final consideration. Councilmember Bill Jonson moved to authorize the Economic Development Director to negotiate possible tax refunds and exemptions, fee waivers, reductions or refunds to encourage Project Banner to expand within the City of Clearwater, providing that the fiscal and economic impact analysis of the proposed expansion yields a maximum payback period of 7 years and a minimum rate of return of 10%. The motion was duly seconded and carried unanimously. Resolution 13-21 was presented and read by title only. Councilmember Doreen Hock- DiPolito moved to adopt Resolution 13-21. 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, Councilmember Jay E. Polglaze "Nays": None 11.3 Award a contract (purchase order) to Trane US of Tampa, FL for the purchase of one Air Cooled Scroll Compressor Chiller in the amount of $171,397 in accordance with Sec. 2.56(1)(d), Code of Ordinances-other governmental bid, and authorize the appropriate officials to execute same. This chiller will be purchased through GSA Contract GS-07F-0248K and quote dated May 31, 2013.This chiller replaces the current chiller installed at the Water Pollution Control (WPC) laboratory. The new chiller will have the Condenser Coil and internal/external cabinet Spray Coating to prevent premature rust and comes with a 10- year warranty on parts, labor, and refrigerant. Draft Attachment number 1 \nPage 14 of 18 Item # 4 Council 2013-08-14 15 The installation of the chiller will be bid under separate heading and a different company will perform the installation work. In response to a question, Solid Waste and General Services Director Earl Gloster said the chiller will replace the existing 12-year old unit that has reached the end of its useful life. The new chiller will be more efficient. Councilmember Doreen Hock-DiPolito moved to award a contract (purchase order) to Trane US of Tampa, FL for the purchase of one Air Cooled Scroll Compressor Chiller in the amount of $171,397 in accordance with Sec. 2.56(1)(d), Code of Ordinances-other governmental bid, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 11.4 Approve a Memorandum of Understanding with the Clearwater Marine Aquarium (CMA) for the construction of a new facility, parking garage and lease of the City Hall property and authorize the appropriate officials to execute same. The Clearwater Marine Aquarium (CMA) approached the City with a proposal to build a new facility on the current City Hall location. City Council directed staff to negotiate a memorandum of understanding with the CMA. The memorandum of understanding (MOU) will provide the basis for the future documents following the passage of the referendum on November 5, 2013. The MOU provides for the following: The City is required to obtain voter approval in order to lease the property for an initial term of 60 years for the Project. The City has scheduled the referendum on November 5, 2013. CMA agreed to pay all costs of the referendum. CMA shall be responsible for the design, construction, maintenance, and funding of the Project. CMA intends to finance the Project through a combination of private gifts and grants, government grants and funding, and through third-party financing. In the event of default, CMA's creditors will be limited to changing the management of the new aquarium and assuming all of CMA's rights and obligations for the remainder of the lease or abandoning the city property and disassembling the building and collecting CMA's assets. The City will have no obligation or liability in the event CMA defaults on any of its loans or obligations. CMA shall have all funds necessary for the construction of the Project committed by no later than August 1, 2016. CMA shall pay the city $.50 per ticket of admissions revenue actually received by CMA not to exceed $7,500,000.00 in order to provide for the replacement of the City Hall. Following full payment of the City Hall Payment, CMA shall pay an Draft Attachment number 1 \nPage 15 of 18 Item # 4 Council 2013-08-14 16 annual rent payment of $150,000.00 to the City.CMA shall be responsible for acquiring a mutually agreeable parcel for the construction of a public parking garage (Parking Garage Parcel). CMA shall have the option to construct, operate, and maintain a parking garage. If mutually agreed, CMA may convey the Parking Garage Parcel to the City for the City to construct, operate, and maintain a parking garage and any additional uses the City deems appropriate. CMA shall be responsible for reimbursing the City for the replacement costs of the existing tennis courts in the amount of $75,000.00 per court. The City shall be responsible for the improvement of the Pierce Street extension to Drew Street and associated improvements to Cleveland Street. The City Attorney reviewed the MOU and changes requested at the work session: • Page 1, Paragraph 1: THIS MEMORANDUM OF UNDERSTANDING IS INTENDED SOLELY AS A PRELIMINARY EXPRESSION OF THE GENERAL INTENTION OF THE PARTIES AND IS TO BE USED FOR DISCUSSION PURPOSES ONLY. THE PARTIES INTEND THAT NEITHER SHALL HAVE ANY CONTRACTUAL OBLIGATIONS TO THE OTHER WITH RESPECT TO THE MATTERS REFERRED TO HEREIN UNLESS AND UNTIL DEFINITIVE AGREEMENTS HAVE BEEN FULLY EXECUTED AND DELIVERED BY THE PARTIES. THE PARTIES AGREE THAT THIS TERM SHEETMEMORANDUM OF UNDERSTANDING • Page 2, Paragraph 3: CMA intends to finance the Project through a combination of private gifts and grants, government grants and funding and through third- party financing. IS NOT INTENDED TO CREATE ANY AGREEMENT OR OBLIGATION BY ANY OF THE PARTIES TO ENTER INTO DEFINITIVE AGREEMENTS. No general fund revenues of the City will be expended on the design, construction, operation, or maintenance of the new aquarium. • Page 2, Paragraph 5: By no later than June 1, 2015 CMA and the City shall agree to the terms of the lease for the City Property. The City agrees to vacate the City Property upon 180 days notice from CMA In the event of default, CMA’s lender will be limited to changing the management of the new aquarium and assuming all of CMA’s rights and obligations for the remainder of the lease or abandoning the City Property and disassembling the building and collecting CMA’s assets. The City will have no obligation or liability in the event CMA defaults on any of its loans or obligations. CMA shall have all funds necessary for the construction of the Project committed by no later than August 1, 2016. and verification by the City that CMAit has the necessary financing to commence construction. CMA shall pay the City $.50 per ticket of admissions revenue actually received by CMA not to exceed $7,500,000.00 plus accrued interest as provided below in order to provide for the replacement of the City Hall (“City Hall Payment”). The City Hall Payment shall be subject to a fixed rate of interest set at the execution date of Draft Attachment number 1 \nPage 16 of 18 Item # 4 Council 2013-08-14 17 the Lease equal to the one (1) year United States Treasury Note rounded to the nearest tenth of a point. Principle payment will be made quarterly based on paid ticket sales for the previous quarter. Following the City’s funding of the City Hall capital project, but not before the opening of the new aquarium, interest will accrue and Interest will be paid annually in arrears by CMA based on the actual cost for a new City Hall not to exceed $7.5 million. The annual interest rate will be set at the beginning day of the lease period and reset at each anniversary date based on the interest rate consistent with the City’s cash pool rate of return rounded to the nearest 10th of a percent. The annual interest rate will be applied to the average annual principale and accrued interest balance of CMA’s obligation of the preceding year until the actual cost of the new City Hall or $7.5 million, whichever is less is recaptured by the City. Following full payment of the City Hall Payment, CMA shall pay an annual rent payment of $1250,000.00 per year to the City. In response to a question, the City Attorney said the appraisal received in April reflects the value for the entire city hall property ($6,625,000), which is larger than the proposed leased site. The appraised value of the proposed site will be based on the actual square footage to be leased. Fifteen individuals spoke in support. Five individuals spoke in opposition. Vice Mayor Paul Gibson moved to approve a Memorandum of Understanding with the Clearwater Marine Aquarium (CMA) for the construction of a new facility, parking garage and lease of the City Hall property and authorize the appropriate officials to execute same. The motion was duly seconded. The Council recessed from 8:06 p.m. to 8:15 p.m. Discussion ensued with support expressed that the proposed aquarium will positively impact further economic development in downtown, create jobs, capture a younger worker demographic, and increase tourism. Upon the vote being taken, the motion carried unanimously. Miscellaneous Reports and Items 12. City Manager Verbal Reports 12.1 Approve the Business Lease Contract between the City of Clearwater and Pool Mate Pictures, LLC for the use of the City-owned property located at 320 Cleveland Street; and authorize appropriate officials to execute same. Draft Attachment number 1 \nPage 17 of 18 Item # 4 Council 2013-08-14 18 Pool Mate Pictures, LLC (Bottlenose) has approached the City with a request to lease City-owned property for activities associated with the production of the motion picture, Dolphin Tale 2. The proposed lease provides for the occupancy of available portions of the ground floor of the Harborview Center. Specific terms of the lease are summarized below: The lease has an initial term of six months beginning on August 21, 2013, with three options to extend for one month. The initial term will expire on February 15, 2014, and the final extended term, if applied, will expire on May 15, 2014. Portions of the ground floor are currently under lease to the Clearwater Marine Aquarium. The remaining 42,000 square feet will be leased to Bottlenose for the construction of movie sets and ancillary facilities at a lease rate of $1.00 for the lease term (lease rate is consistent with previous lease terms for original Dolphin Tale production). Bottlenose will accept the building in the “as is” condition and will be responsible for all utilities, taxes, maintenance and repair of the leased premises. Bottlenose may use the parking area west of the building only, leaving the parking area north of the building available for patrons of the Library. Vice Mayor Paul Gibson moved to approve the Business Lease Contract between the City of Clearwater and Pool Mate Pictures, LLC for the use of the City-owned property located at 320 Cleveland Street; and authorize appropriate officials to execute same. The motion was duly seconded and carried unanimously. 13. Closing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events. 14. Adjourn The meeting adjourned at 8:49 p.m. Mayor City of Clearwater Attest City Clerk Draft Attachment number 1 \nPage 18 of 18 Item # 4 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Approve State Housing Initiatives Partnership (SHIP Program) annual reports for fiscal years 2010-2011, 2011-2012 and 2012- 2013. SUMMARY: The Florida Legislature enacted the Williams E. Sadowski Affordable Housing Act in 1992. This act created a dedicated revenue source for the state and local housing trust funds. This dedicated revenue source funds state and local housing programs and assisted local governments in meeting the housing needs of its population. The Sadowski Act created the State Housing Initiatives Partnership (SHIP) Program. Given the state’s budget shortfalls, funding for the SHIP Program has been drastically reduced. The City received zero dollars for FY 2010-2011, $96,986 for FY 2011-2012 $96,983 and $42,274 for FY 2012-2013. For these same fiscal years, the City received program income of $102,004.09 for FY 2010-2011, $201,727.57 for FY 2011-2012 and $129,794.44 for FY 2012-2013. The department mainly uses these SHIP funds and SHIP program income to match federal programs to be able to continue existing housing programs. All local governments receiving SHIP funds must submit to Florida Housing Finance Corporation their annual reports by September 15 of every year. The annual reports provide details of expended funds, encumbered funds and a proposal of any unused funds. The reports also provide information on the strategies funded, the number of households served, income category, age, family size, race and data regarding any special needs populations such as homeless persons, persons with disabilities and the elderly. The report is submitted electronically to the State. Through the SHIP Program, Economic Development and Housing has provided funding for the following housing activities: Down payment and closing costs assistance, the rehabilitation of owner occupied single-family dwelling, and the acquisition and rehabilitation of two multi-family dwellings. During the program years covered by these reports, the City has assisted 24 households and has funds encumbered to assist at least another 12 households, and is projecting assistance for 8 more households. SHIP funding is important to the City of Clearwater’s economy, as evidenced by activity in FY 2010- 2011 where the City spent $88,058 in SHIP dollars to leverage over a million dollars in private funds. Review Approval: Cover Memo Item # 5 Attachment number 1 \nPage 1 of 22 Item # 5 Attachment number 1 \nPage 2 of 22 Item # 5 Attachment number 1 \nPage 3 of 22 Item # 5 Attachment number 1 \nPage 4 of 22 Item # 5 Attachment number 1 \nPage 5 of 22 Item # 5 Attachment number 1 \nPage 6 of 22 Item # 5 Attachment number 1 \nPage 7 of 22 Item # 5 Attachment number 1 \nPage 8 of 22 Item # 5 Attachment number 1 \nPage 9 of 22 Item # 5 Attachment number 1 \nPage 10 of 22 Item # 5 Attachment number 1 \nPage 11 of 22 Item # 5 Attachment number 1 \nPage 12 of 22 Item # 5 Attachment number 1 \nPage 13 of 22 Item # 5 Attachment number 1 \nPage 14 of 22 Item # 5 Attachment number 1 \nPage 15 of 22 Item # 5 Attachment number 1 \nPage 16 of 22 Item # 5 Attachment number 1 \nPage 17 of 22 Item # 5 Attachment number 1 \nPage 18 of 22 Item # 5 Attachment number 1 \nPage 19 of 22 Item # 5 Attachment number 1 \nPage 20 of 22 Item # 5 Attachment number 1 \nPage 21 of 22 Item # 5 Attachment number 1 \nPage 22 of 22 Item # 5 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Continue to September 19, 2013: Adopt Ordinance 8424-13 on second reading, annexing certain real property whose post office address is 3030 Union Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 6 Ordinance No. 8424 -13 ORDINANCE NO. 8424-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION 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 B has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See Attached Exhibit A (ANX2013-04008) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning 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 2 Item # 6 Ordinance No. 8424 -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 2 Item # 6 EXHIBIT A LEGAL DESCRIPTION A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF UNION STREET AS IT NOW EXISTS FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 1,142.45 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.27 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 1,143.88 FEET TO SAID NORTH RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, SOUTH 89°56’09” WEST, A DISTANCE OF 666.66 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 17.50 ACRES MORE OR LESS. (CLOSES 0.006’ J.M.M.) Attachment number 2 \nPage 1 of 1 Item # 6 Attachment number 3 \nPage 1 of 1 Item # 6 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Continue to September 19, 2013: Adopt Ordinance 8425-13 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 3030 Union Street, upon annexation into the City of Clearwater, as Residential Suburban (RS) and water/drainage feature. SUMMARY: Review Approval: Cover Memo Item # 7 Ordinance No. 8425-13 ORDINANCE NO. 8425-13 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 UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN (RS) AND WATER/ DRAINAGE FEATURE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A Residential Suburban (RS) and Water/Drainage (ANX2013-04008) Feature The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8424-13. 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 1 of 1 Item # 7 EXHIBIT A LEGAL DESCRIPTION A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF UNION STREET AS IT NOW EXISTS FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 1,142.45 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.27 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 1,143.88 FEET TO SAID NORTH RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, SOUTH 89°56’09” WEST, A DISTANCE OF 666.66 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 17.50 ACRES MORE OR LESS. (CLOSES 0.006’ J.M.M.) Attachment number 2 \nPage 1 of 1 Item # 7 Ordinance No. 8425-13 ORDINANCE NO. 8425-13 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 UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN (RS) AND WATER/ DRAINAGE FEATURE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A Residential Suburban (RS) and Water/Drainage (ANX2013-04008) Feature The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8424-13. 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 3 \nPage 1 of 1 Item # 7 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Continue to September 19, 2013: Adopt Ordinance 8426-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3030 Union Street, upon annexation into the City of Clearwater, as Low Density Residential (LDR). SUMMARY: Review Approval: Cover Memo Item # 8 Ordinance No. 8426-13 ORDINANCE NO. 8426-13 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 UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District See Exhibit A for legal description Low Density Residential (LDR) (ANX2013-04008) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8424-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 1 \nPage 1 of 2 Item # 8 Ordinance No. 8426-13 _______________________________ 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 2 Item # 8 EXHIBIT A LEGAL DESCRIPTION A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF UNION STREET AS IT NOW EXISTS FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 1,142.45 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.27 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 1,143.88 FEET TO SAID NORTH RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, SOUTH 89°56’09” WEST, A DISTANCE OF 666.66 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 17.50 ACRES MORE OR LESS. (CLOSES 0.006’ J.M.M.) Attachment number 2 \nPage 1 of 1 Item # 8 Attachment number 3 \nPage 1 of 1 Item # 8 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Continue to September 19, 2013: Adopt Ordinance 8427-13 on second reading, annexing certain real property whose post office address is 3030 Union Street [smaller parcel] into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 9 Ordinance No. 8427-13 ORDINANCE NO. 8427-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET [SMALLER PARCEL], 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 B has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See Exhibit A for legal description (ANX2013-05011) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning 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 2 Item # 9 Ordinance No. 8427-13 ________________________________ 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 2 Item # 9 EXHIBIT A A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULALRLY DESCRIBED AS FOLLWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 1,175.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 117.00 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.33 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 117.00 FEET; THENCE SOUTH 89°56’26” WEST, A DISTANCE OF 667.27 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1.79 ACRES MORE OR LESS. Attachment number 2 \nPage 1 of 1 Item # 9 Attachment number 3 \nPage 1 of 1 Item # 9 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Continue to September 19, 2013: Adopt Ordinance 8428-13 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 3030 Union Street [smaller parcel], upon annexation into the City of Clearwater, as Residential Suburban (RS). SUMMARY: Review Approval: Cover Memo Item # 10 Ordinance No. 8428-13 ORDINANCE NO. 8428 -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 UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET [SMALLER PARCEL], UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN (RS); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See Exhibit A for legal description Residential Suburban (RS) (ANX2013-05011) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8427-13. 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 1 of 1 Item # 10 EXHIBIT A A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULALRLY DESCRIBED AS FOLLWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 1,175.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 117.00 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.33 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 117.00 FEET; THENCE SOUTH 89°56’26” WEST, A DISTANCE OF 667.27 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1.79 ACRES MORE OR LESS. Attachment number 2 \nPage 1 of 1 Item # 10 Attachment number 3 \nPage 1 of 1 Item # 10 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Continue to September 19, 2013: Adopt Ordinance 8429-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3030 Union Street [smaller parcel], upon annexation into the City of Clearwater, as Low Density Residential (LDR). SUMMARY: Review Approval: Cover Memo Item # 11 Ordinance No. 8429-13 ORDINANCE NO. 8429-13 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 UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET [SMALLER PARCEL], UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District See Exhibit A for legal description Low Density Residential (LDR) (ANX2013-05011) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8427-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 1 \nPage 1 of 2 Item # 11 Ordinance No. 8429-13 _______________________________ 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 2 Item # 11 EXHIBIT A A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULALRLY DESCRIBED AS FOLLWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 1,175.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 117.00 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.33 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 117.00 FEET; THENCE SOUTH 89°56’26” WEST, A DISTANCE OF 667.27 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1.79 ACRES MORE OR LESS. Attachment number 2 \nPage 1 of 1 Item # 11 Attachment number 3 \nPage 1 of 1 Item # 11 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8434-13 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1515 South Highland Avenue from Office (O) to Medium Density Residential (MDR). SUMMARY: Review Approval: Cover Memo Item # 12 Ordinance No. 8434-13 ORDINANCE NO. 8434-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTHEAST CORNER OF NURSERY ROAD AND SOUTH HIGHLAND AVENUE, CONSISTING OF A PORTION OF THE SOUTHWEST ¼ OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1515 SOUTH HIGHLAND AVENUE; FROM OFFICE (O) TO MEDIUM DENSITY RESIDENTIAL (MDR); 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) (REZ2013-05003) To: Medium Density Residential (MDR) 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 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 1 of 1 Item # 12 EXHIBIT A A parcel of land in the SW 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the SE ¼ of the SW ¼ of said Section 23, and go North 89°07’57” West, 800.38 feet, along the North boundary of the SE ¼ of the SW ¼ of said Section 23, also being the centerline of Nursery Road, to the Point of Beginning; thence South 00°21’70” East, 360.44 feet; thence South 89°40’43” West, 263.09 feet; thence South 00°19’17” East, 211.81 feet; thence South 89°40’43” West, 245.00 feet to a point on the East right-of-way line of Highland Avenue; thence North 00°19’17” West, 582.79 feet along said East right-of-way line to a point on the North boundary of the SE ¼ of the SW ¼ of said Section 23, also being the centerline of Nursery Road; thence South 89°07’57” East, 507.95 feet along said North boundary (the centerline of Nursery Road) to the Point of Beginning. LESS: Right of Way for Nursery Road. Together with Reciprocal Easement, Restrictions, and Operation Agreement recorded in Official Records Book 8324, Page 831, as amended by instrument recorded in Official Records Book 8428, Page 2327, of the Public Records of Pinellas County, Florida. Attachment number 2 \nPage 1 of 1 Item # 12 Attachment number 3 \nPage 1 of 1 Item # 12 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8438-13 on second reading, making amendments to Beach By Design: A Preliminary Design for Clearwater Beach and Design Guidelines by amending Section II, Future Land Use, Subsection C. The “Marina District,” to reference the standards to which the public boardwalk must comply; and by adopting the Marina District Boardwalk Design Guidelines and Specifications. SUMMARY: Review Approval: Cover Memo Item # 13 1 Ordinance No. 8438-13 ORDINANCE NO. 8438-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION C. THE “MARINA DISTRICT,” TO REFERENCE THE STANDARDS TO WHICH THE PUBLIC BOARDWALK MUST COMPLY; BY ADOPTING THE MARINA DISTRICT BOARDWALK DESIGN GUIDELINES AND SPECIFICATIONS IN EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Beach is a major contributor to the economic health of the City overall and the City desires to support the tourism industry; and WHEREAS, the Marina District is the northern gateway to Clearwater Beach and has a high profile location along Clearwater Harbor and visibility from Causeway Boulevard; and WHEREAS, it is the desire of the City to attract people to the district and create a pleasant pedestrian environment; and WHEREAS, there is a need to define the guidelines and specifications for the construction of the public boardwalk in the Marina District; and WHEREAS, the design specifications are delineated in a separate document entitled “Marina District Boardwalk Design Guidelines and Specifications”; and WHEREAS, the proposed amendments to Beach by Design have been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly noticed public hearing and found that amendments to Beach by Design are consistent with the Clearwater Comprehensive Plan and the Clearwater Community Development Code; and WHEREAS, Beach By Design was originally adopted on February 15, 2001, and subsequently amended, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Attachment number 1 \nPage 1 of 2 Item # 13 2 Ordinance No. 8438-13 Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II, Subsection C. Height Incentives and Required Public Amenities, is amended as follows: Development located on Clearwater Harbor utilizing a height bonus as outlined in the table below must provide to the City of Clearwater a 15 foot wide boardwalk constructed within a 20-foot public access easement adjacent to the seawall, either over the water or on the land as determined by the City. Any non-waterfront parcel using the height bonus shall contribute financially to the Papaya and Baymont Street streetscape or the public boardwalk, in a manner determined by the City. The public boardwalk shall be built according to the adopted Marina District Boardwalk Design Guidelines and Specifications. Section 2. ” Marina District Boardwalk Design Guidelines and Specifications” attached hereto as Exhibit “A” are hereby adopted. Section 3. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same. 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; and Section 5. 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: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 13 Clearwater Marina District Boardwalk Design Guidelines and Specifications July 2013 City of Clearwater | Planning & Development Department | Municipal Services Building, 1st Floor 100 S. Myrtle Ave. Clearwater, FL 33756 Property owners required to construct the new public boardwalk as a result of the development approval process are responsible for constructing a continu- ous portion of public boardwalk along the length of their property as indicated herein. Property owners adjacent to public entrances to the public boardwalk must also address, integrate and transition to the public entrances. Public boardwalk and transitions requiring environmental engineering for permitting will be the responsibility of the property owner. Environmental engineering re- quired for the public plazas will be the City’s responsibility. Private property transitions including any and all stairs, ramps, railings, or con- tinuation of decking from or transitioning to the public boardwalk or public entrances shall be accessible. All work shall be consistent with these guide- lines and must be consistent in fit and finish, complementary to the new pub- lic boardwalk and its entrances. All phases of design documents shall be sub- mitted to the City of Clearwater for review, comment and approval by the City’s Parks & Recreation Department. The City of Clearwater - Parks and Recreation Department shall be responsible for maintaining the constructed public boardwalk up to the private property owners adjacent property upon acceptance the boardwalk is constructed to the satisfaction of the Parks & Recreation Department and after the one year warranty construction period is completed and walk though acceptance by the City of Clearwater – Parks and Recreation Department. LEGEND PUBLIC ENTRANCE TO BOARDWALK PUBLIC PLAZA BOARDWALK SIDEWALK NORTH LIMIT Figure 1 - Scope of Boardwalk & Sidewalk Guidelines General Information: The Clearwater Marina District Board- walk Design Guidelines and Specifi- cations, adopted by Ordinance No. 8438-13, should be considered a supplemental document to the City of Clearwater’s special area plan Beach by Design: A Preliminary De- sign for Clearwater Beach and De- sign Guidelines. It shall guide con- struction of the public boardwalk along Clearwater Harbor from Bay- mont Street south to the southern boundary of the District terminating at a public plaza adjacent to the public parking lot north of Memorial Cause- way. This document provides specific re- quirements regarding the design and construction of the public board- walk on private property, as well as the public entrances to be con- structed by the City of Clearwater at Papaya and Baymont Streets and the public plaza to be constructed by the City of Clearwater adjacent to the public parking lot north of Memorial Causeway. Where feasible the boardwalk should be constructed completely over the water rather than on uplands. Excep- tions may be granted on properties adjacent to the public entrances at Papaya and Baymont Streets or when a hardship prevents construction over the water. Public entrances and sidewalks should incorporate all required street- scaping standards identified within the Beach by Design document. The sidewalk along East Shore Drive and the sidewalk from the public plaza to the east/west sidewalk at Memorial Causeway should be provided as indicated herein. The boardwalk and sidewalk shall be compliant with all governing codes and regulations including compliance with the Florida American with Disabili- ties Act Accessibility Guidelines. 0 100 300 600 Attachment number 2 \nPage 1 of 9 Item # 13 Clearwater Marina District Boardwalk Design Guidelines and Specifications July 2013 City of Clearwater | Planning & Development Department | Municipal Services Building, 1st Floor 100 S. Myrtle Ave. Clearwater, FL 33756 Page 2 Figure 2 - East Shore Drive Sidewalk Section Diagram PROPERTY LINE LOCATION VARIES BOARDWALK 15’ WIDE MIN. LOCATED ENTIRELY OVER WATER EITHER UP TO SEAWALL CAP OR AWAY FROM SEAWALL CAP SEE FIG- URES 6 & 7 FOR ADDITIONAL DETAILS Figure 3 - Boardwalk Section Diagram PROPERTY LINE SETBACK PALM SPACED 30’ MAXIMUM ON CENTER. 10’ CLEAR TRUNK REQ. 22’ DUKE ENERGY SANIBEL LIGHT FIXTURE EAST SHORE DRIVE RIGHT OF WAY 18’ SETBACK FROM FACE OF SEAWALL 5’ LANDSCAPE BUFFER 5’ SIDEWALK EASEMENT 5’ RIGHT OF WAY, CLEAR FROM BACK OF CURB PROPERTY LINE LOCATION VARIES CONTINUE RAILING AT BOARDWALK ENDS. TO BE REMOVED BY FUTURE BOARDWALK DEVELOPERS IN ORDER TO CONTINUE BOARDWALK 18’ SETBACK FROM FACE OF SEAWALL Figure 4 - Boardwalk Section Diagram with ends Sidewalk Requirements: (East Shore Drive) As shown in Figure 1 & 2 and as stated within the Beach by Design guidelines, a 10 foot wide (clear and starting from the street curb) pedestrian sidewalk along East Shore Drive shall be provided. An easement shall be required as neces- sary to provide this distance. The following sidewalk im- provements shall be provided, including street lighting, trash receptacles, landscaping & hardscaping material. All im- provements shall not interrupt pedestrian movement along the sidewalk. Sidewalk finish material: coquina shell topping surface Provide gray concrete sidewalk with broadcast coquina shell topping Lighting: Duke Energy’s 22’ Sanibel Light Fixture Duke Energy’s High Pressure Sodium 100 watt, 9500 lu- mens Sanibel Light Fixture, mounted 22 feet high and spaced maximum 60 feet on center. Trash receptacles: Bright Ideas Shop, FP6095-P—Jumbo Waste Series Provide trash receptacles along the sidewalk spaced 75’ on center and within the 5 foot sidewalk easement. Landscaping: Provide palm trees spaced at a maximum of 30’ on center with 10’ of “clear trunk” base minimum. Accept- able palm trees include Butia Capaitata (Pindo Palm) or Butiagrus nabonnandii (Mule Palm) Boat Dock Transitions: (to & from public boardwalk) Any and all private or public boat docks, transitioning to or from the public boardwalk shall be compliant with all governing codes and regulations including compliance with the Florida American with Disabilities Act Accessibility Guidelines, the Pinellas County Water & Navigation Code, including Section 166-325 Board- walk and Observation Platforms on Commercial & Multi-Use properties & Section166-332 Minimum Con- struction Specification for all dock construction. Attachment number 2 \nPage 2 of 9 Item # 13 Clearwater Marina District Boardwalk Design Guidelines and Specifications July 2013 City of Clearwater | Planning & Development Department | Municipal Services Building, 1st Floor 100 S. Myrtle Ave. Clearwater, FL 33756 Page 3 Public Entrance Requirements: (At Papaya & Baymont Streets, drop off areas shall be provided) There will be three public pedestrian oriented park plaza accesses to the boardwalk. Two located east of East Shore Drive at Papaya Street and Baymont Streets. These street ends shall be converted from streets to public entry pedestrian plazas to the boardwalk with vehicular drop off areas. At the southern end of the boardwalk a public pedestrian access plaza shall be created east of the public parking lot and this plaza will connect to the sidewalk running east / west along the Memorial Causeway Boulevard. Other improvements shall include sidewalk pathways leading to the board- walk entrances, lighting, seating areas, trash receptacles, bicycle racks, water fountains, collapsible bollards, and land- scaping & hardscaping. All improvements shall not interrupt pedestrian pathways. Sidewalk finish material: coquina shell topping surface Provide gray concrete sidewalk with broadcast coquina shell topping Lighting: Duke Energy’s 22’ Sanibel Light Fixture Provide lighting suitable for pedestrian pathways and seating areas. Benches: Provide benches at seating areas. Trash receptacles: Bright Ideas Shop, FP6095-P—Jumbo Waste Series Provide trash receptacles spaced equally and within 75’ of each other Bicycle Racks: Bikeparking.com WCR02-SF Welle Circular surface mount. Color: Match existing bicycle racks. Provide bicycle racks secured in accordance with manufacturer’s specifications. All bicycle rack materials including fasteners shall be stainless steel 316 grade. Bike racks are not to be provided along East Shore Drive. Water fountains: Manufacturer, Most Dependable Fountains, Mostdependablefountains.com, 10135 SMSS Chrome Provide water fountains in accordance with manufacturer’s requirements. Fountain materials, including fasteners shall be stainless steel 316 grade. Provide 3’ diameter dry well 2’ deep adjacent to fixture for water fountain drain- age. Bollards: Provide powder coated, stainless steel 316 grade collapsible bollards at vehicular drop off areas to limit vehicular access to pedestrian areas. Provide powder coating color sample to City of Clearwater for approval. Landscaping: Provide plant material at each public entry to the public boardwalk. All plant material shall meet Florida Grade #1 or better. Planting shall be performed in accordance with the Florida Nurserymen’s and Grower’s Landscape Asso- ciation approved practices. Acceptable landscape material: a. Tree / Palms i. 10’ Butia Capitata (Pindo Palm) ii. 10’ Butiagrus nabonnandii (Mule Palm) Iii 10’ Ligustrum japonicum b. Shrub types i. Muhlenbergia lindheimeril 3 gallon containers 18”-24” height planted 3’ on center ii. Podacarpus macrophylla 3 gallon containers 18”-24” height planted 3’ on center iii. llex species 3 gallon containers 18”-24” height planted 3’ on center iiii. Grass species 3 gallon containers 18”-24” height planted 3’ on center Attachment number 2 \nPage 3 of 9 Item # 13 Clearwater Marina District Boardwalk Design Guidelines and Specifications July 2013 City of Clearwater | Planning & Development Department | Municipal Services Building, 1st Floor 100 S. Myrtle Ave. Clearwater, FL 33756 Page 4 Landscaping: (Continued) c. Ground cover species I. Trachelosperum asiaticum variegated – Variegated Asian Jasmine 1 gallon containers 10"-12” spread planted 1' on center II. Trachelosperum asiaticum green – Green Asian Jasmine 1 gallon containers 10"-12” spread planted 1' on center III. Arachis glabrata - Perennial Peanut 1 gallon containers 10"-12” spread planted 1' on center Boardwalk Material Requirements: This section contains the requirements related to boardwalk materials, including pile bents (wood pilings & piles caps), wood piles, pile caps, wood stringers, composite decking, railings, lighting, and fasteners. Boardwalk must accommo- date a 2000 lb vehicular live load. Furthermore requirements herein are meant to be consistent with Pinellas County Water & Navigation Code, including Section 166-325 Boardwalk and Observation Platforms on Commercial & Multi-Use properties & Section166-332 Minimum Construction Specification for all dock construction. Where discrepancies occur the more restrictive requirements shall govern. Boardwalk Timber Piles: Provide Southern Yellow Pine piles in accordance with ASTM D 25. Piles shall be round timber that are unused, clean peeled, and in one piece from butt to tip. Piles shall be pressure treated according to AWPA C3 and AWPA C18 standards for marine service conditions. Structural member sizes shall be determined by the applicant and/or appli- cant’s representative, piles shall not be less than 8 inches in diameter and piles shall be penetrated not less than 8’ below mud line. Piles should be terminated below finished decking material not to exceed 10 feet above mean high water levels. Pile Wrapping: All piles shall be wrapped with .060 mil/LF High Density Polyethylene pile wrapping material. Pile wrapping shall ex- tend continuously from mud line to 2’ above mean high water line. Pile Bents: (Pile and Pile cap) Pile bents spacing should be determined by the applicant and/or applicant’s representative, not exceed 12’ on- center. All pile bents shall have at a minimum 2” x 8” pile caps, bearing stringers to support deck joists. All intersec- tions shall be bolted. Pile Caps: Pile caps shall be at a minimum 2” x 8” pressure treated lumber. All intersections shall be bolted. Stringers: Outside stringer systems shall be doubled 2” x 8” pressure treated lumber or greater. Provide 5/8” diameter stainless steel bolts or greater to attach stringers to pilings. Intermediate stringers shall be single 2” x 8” pressure treated lum- ber or greater spaced not less than 16” O.C. to accommodate light vehicular traffic. Not to exceed a live load of 2000 lbs. All structural member sizing, spacing and fastening requirements must be determined by the applicant and/or applicant’s representative. All Timber/Lumber: Shall be pressure treated and rated for ground contact. All wood members, including pressure treated wood mem- bers and all concealed wood members cladded with Trex Transcend composite decking material, shall be finished at all surfaces with Sikkens Cetol Waterborne SRD Translucent Wood Finish in accordance with manufacturer’s re- quirements. Pressure treated lumber must be fully cured (6 weeks) prior to receiving Sikkens treatment. Fasteners: All metal fasteners, including but not limited to, bolts, screws, and nails, etc. shall be stainless steel 316 grade. Only 316 grade stainless steel will be accepted. All bolts shall extend no further than 3 or 4 threads beyond nut fastener. Decking: Trex Transcend 2” x 6” composite decking material. Deck Color 1: Gravel Path; Deck Color 2: Rope Swing Install in accordance with manufacturer’s requirements. Decking should be cut to length and shall not extend to outside stringer not to exceed more than 2” beyond. See sections and drawing diagrams contained within this document. Attachment number 2 \nPage 4 of 9 Item # 13 Clearwater Marina District Boardwalk Design Guidelines and Specifications July 2013 City of Clearwater | Planning & Development Department | Municipal Services Building, 1st Floor 100 S. Myrtle Ave. Clearwater, FL 33756 Page 5 Boardwalk Material Requirements: (Continued) Railing: Trex Transcend 2” x 6” composite decking material. Deck Color 1: Gravel Path; Deck Color 2: Rope Swing Provide railings configured in accordance with sections, elevations, and details contained within this document. Only pro- vide railings where required by applicable codes. Top rails shall not be less than 42” above finished walkway surface. Benches: Trex Transcend 2” x 6” composite decking material. Deck Color 1: Gravel Path Provide benches at public boardwalk configured in accordance with sections and details contained within this document. Provide benches spaced every 40’-0” along the length of boardwalk walkway. Lighting: Post mounted Stonelight, LED light fixtures. Color: Requires approval by City of Clearwater Parks & Recreation De- partment. At Boardwalk walkways provide LED light fixtures integrally mounted to railing posts and as indicated at railing elevation and section drawings. Provide LED light fixtures spaced every 12’ on center along both sides of boardwalk. Pro- vide infrastructure as required. Trash Receptacles: Bright Ideas Shop, FP6095-P - Jumbo Waste Series. Color: Match existing receptacles. At Boardwalk walkways provide trash receptacles spaced every 120' on center along boardwalk adjacent to benches and as dimensioned. Provide trash receptacles where indicated, see diagram contained within. All trash receptacles to re- ceive a 316 stainless steel plate provided by the City of Clearwater - Parks & Recreation Department and shall be screwed onto the top cap of trash receptacles to prevent cigarette burns. Butia Capitata Pindo Palm Butiagrus nabonnandii Mule Palm Mostdependablefountains.com, 10135 SMSS Chrome, for use at entry nodes Ligustrum japonicum Bright Ideas Shop, Trash Receptacle FP6095-P, for use at sidewalks, entry nodes, & at boardwalk Bikeparking.com, WCR02-SF bicycle racks, for use at entry nodes Stonelight LED light fixture Attachment number 2 \nPage 5 of 9 Item # 13 Cl e a r w a t e r M a r i n a D i s t r i c t B o a r d w a l k D e si g n G u i d e l i n e s a n d S p e c i f i c a t i o n s July 2013 Ci t y o f C l e a r w a t e r | P l a n n i n g & D e v e l o p m e n t D e p a r t m e n t | M u n i c i p a l S e r v i c e s B u i l d i n g , 1s t F l o o r 1 0 0 S . M y r t l e A v e . C l e a r w a t e r , FL 3 3 7 5 6 Fi g u r e 6 T y p i c a l B o a r d w a l k S e c t i o n a t 1 / 2 ” = 1 ’ - 0 ” S c a l e D e t a i l i n d i c a t e s w h e n b o a r d w a l k e n g a g e s s e a w a l l p r o v i d i n g c o n t i n u o u s w a l k w a y Page 6 Attachment number 2 \nPage 6 of 9 Item # 13 Cl e a r w a t e r M a r i n a D i s t r i c t B o a r d w a l k D e si g n G u i d e l i n e s a n d S p e c i f i c a t i o n s July 2013 Ci t y o f C l e a r w a t e r | P l a n n i n g & D e v e l o p m e n t D e p a r t m e n t | M u n i c i p a l S e r v i c e s B u i l d i n g , 1s t F l o o r 1 0 0 S . M y r t l e A v e . C l e a r w a t e r , FL 3 3 7 5 6 Fi g u r e 7 T y p i c a l B o a r d w a l k S e c t i o n a t 1 / 2 ” = 1 ’ - 0 ” S c a l e D e t a i l i n d i c a t e s w h e n b o a r d w a l k i s s e p a r a t e d f r o m s e a w a l l r e q u i r i n g r a i l i n g a t e a c h s i d e Page 7 Attachment number 2 \nPage 7 of 9 Item # 13 Cl e a r w a t e r M a r i n a D i s t r i c t B o a r d w a l k D e si g n G u i d e l i n e s a n d S p e c i f i c a t i o n s July 2013 Ci t y o f C l e a r w a t e r | P l a n n i n g & D e v e l o p m e n t D e p a r t m e n t | M u n i c i p a l S e r v i c e s B u i l d i n g , 1s t F l o o r 1 0 0 S . M y r t l e A v e . C l e a r w a t e r , FL 3 3 7 5 6 Fi g u r e 8 T y p i c a l B o a r d w a l k R a i l i n g E l e v a t i o n a t 1 / 2 ” = 1 ’ - 0 ” S c a l e Page 8 Attachment number 2 \nPage 8 of 9 Item # 13 Cl e a r w a t e r M a r i n a D i s t r i c t B o a r d w a l k D e si g n G u i d e l i n e s a n d S p e c i f i c a t i o n s July 2013 Ci t y o f C l e a r w a t e r | P l a n n i n g & D e v e l o p m e n t D e p a r t m e n t | M u n i c i p a l S e r v i c e s B u i l d i n g , 1s t F l o o r 1 0 0 S . M y r t l e A v e . C l e a r w a t e r , FL 3 3 7 5 6 Fi g u r e 9 T y p i c a l B o a r d w a l k B e n c h D e t a i l a t 1 ” = 1 ’ - 0 ” S c a l e Be n c h S e c t i o n D e t a i l B e n c h S e c t i o n D e t a i l Be n c h P l a n D e t a i l Page 9 Attachment number 2 \nPage 9 of 9 Item # 13 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Declare list of vehicles and equipment surplus to the needs of the City; authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida; and authorize the appropriate officials to execute same. (consent) SUMMARY: All vehicles and equipment have been replaced as necessary, or are no longer required. Tampa Machinery Auction is the Tampa Bay Purchasing Cooperative Auctioneer of Record. Tampa Machinery Auction holds a live auction monthly and accepts internet bids at the time of the live auction. Type:Other Current Year Budget?:No Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Appropriation Code Amount Appropriation Comment 0566-00000-364413-000-0000 TBD Sale Proceeds Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:None Review Approval: Cover Memo Item # 14 F l e e t S u r p l u s f o r N e x t A u c t i o n Se p t e m b e r 2 0 1 3 RE A S O N F O R AS S E T # YE A R DE S C R I P T I O N SE R I A L N U M B E R MI L E A G E S U R P L U S / D I S P O S A L RE P L A C E M E N T 1 G0 3 2 2 1 9 8 8 P A V E M A R K A P O L L O 2 P 1 7 1 5 1 7 X X X X AG E / C O N D I T I O N / R E P L A C E D XXXXX 2 G1 1 9 2 1 9 9 1 D A Y T O N A I R C O M P . 0 6 1 3 9 0 L 8 6 7 1 3 2 X X X X AG E / C O N D I T I O N / R E P L A C E D XXXXX 3 G1 4 7 4 1 9 9 5 F O R D C R O W N V I C 2 F A L P 7 1 W 6 S X 1 5 2 2 6 5 6 3 2 3 9 M I AG E / C O N D I T I O N / R E P L A C E D G3979 4 G1 9 0 0 19 9 8 FO R D F 8 0 0 F O R K T R U C K 1F D W F 8 0 C 0 W V A 2 5 1 2 0 85 9 4 0 M I AG E / C O N D I T I O N / R E P L A C E D G3912BAD TURBO 5 G2 1 3 2 19 9 9 GM C S O N O M A 1G T C S 1 4 X 4 X 8 5 2 4 7 9 8 99 7 3 4 M I AG E / C O N D I T I O N / R E P L A C E D G3960 6 G2 2 0 3 20 0 0 TA R G E T C E M E N T S A W 22 6 6 9 5 NO N E AG E / C O N D I T I O N / R E P L A C E D G2270 7 G2 2 8 2 2 0 0 3 C H E V Y S O N O M A 1 G T C S 1 9 W 4 Y K 2 5 6 9 9 9 7 1 8 2 1 M I AG E / C O N D I T I O N / R E P L A C E D G3884 8 G2 3 4 2 20 0 1 G M C S O N O M A T R U C K 1G T C S 1 4 W O 1 K 1 2 1 4 4 9 85 3 3 8 M I AG E / C O N D I T I O N / R E P L A C E D G3962 9 G2 4 7 3 20 0 3 MI L L E R T L B L Z R W E L D R 2N 9 3 6 5 10 1 1 H R AG E / C O N D I T I O N / R E P L A C E D G3985 10 G2 4 7 5 20 0 2 CH E V R O L E T 3 5 0 0 U T 3G B K C 3 4 G 2 2 M 1 1 5 1 6 3 68 4 7 2 M I AG E / C O N D I T I O N / R E P L A C E D G3887 11 G2 5 0 0 2 0 0 2 J D 5 4 2 0 T R A C T O R L V 5 4 2 0 S 2 4 2 6 1 5 1 0 , 5 3 4 . 0 0 A G E / C O N D I T I O N / R E P L A C E D G 3 9 5 1 12 G2 5 0 8 20 0 2 FO R D C R O W N V I C 2F A F P 7 1 W 8 2 X 1 3 4 5 8 7 97 , 9 4 3 . 0 0 AG E / C O N D I T I O N / R E P L A C E D G3005 13 G2 5 1 8 20 0 2 20 0 2 F O R D C R O W N V I C 2F A F P 7 1 W 5 2 X 1 3 4 5 7 7 10 0 2 4 4 M I AG E / C O N D I T I O N / R E P L A C E D G3949 14 G2 6 8 4 20 0 3 FO R D C R O W N V I C 2F A H P 7 1 W 7 3 X 1 8 9 1 9 9 89 5 4 1 M I AG E / C O N D I T I O N / R E P L A C E D G3879 15 G2 6 8 9 20 0 3 FO R D F 4 5 0 T R U C K 1F D X F 4 6 S 6 3 E C 3 5 3 0 8 10 6 1 2 0 M I AG E / C O N D I T I O N / R E P L A C E D G3972 16 G2 6 9 7 20 0 3 CH E V R O L E T 2 5 0 0 V A N 1G C G G 2 5 V 5 3 1 1 8 1 8 0 2 10 6 1 1 0 M I AG E / C O N D I T I O N / R E P L A C E D G3961 17 G2 7 3 4 20 0 3 F O R D C R O W N V I C 2F A F P 7 1 W 5 3 X 1 1 9 2 1 0 89 4 0 2 M I AG E / C O N D I T I O N / R E P L A C E D G3941 18 G2 8 5 6 20 0 4 FO R D C R O W N V I C 2F A F P 7 1 W 9 4 X 1 3 9 1 5 4 10 1 3 2 3 M I AG E / C O N D I T I O N / R E P L A C E D G3931 18 G2 8 5 6 20 0 4 FO R D C R O W N V I C 2F A F P 7 1 W 9 4 X 1 3 9 1 5 4 10 1 3 2 3 M I AG E / C O N D I T I O N / R E P L A C E D G3931 19 G2 9 3 1 20 0 4 CH E V Y A S T R O V A N 1G C D M 1 9 X 6 4 B 1 1 9 4 9 7 10 7 8 5 6 M I AG E / C O N D I T I O N / R E P L A C E D G3958 20 G2 9 6 7 20 0 5 CH E V Y E X P R E S S V A N 1G C G G 2 5 V 2 5 1 1 8 8 6 6 2 10 9 2 9 8 M I AG E / C O N D I T I O N / R E P L A C E D G3888 21 G3 0 0 5 20 0 5 F O R D C R O W N V I C 2F A F P 7 1 W 1 5 X 1 4 3 9 9 2 11 3 7 3 5 M I AG E / C O N D I T I O N / R E P L A C E D G3944 22 G3 0 2 0 20 0 5 C H E V Y C O L O R A D O 1G C D T 1 9 6 2 5 8 2 2 5 2 3 0 10 6 2 6 8 M I AG E / C O N D I T I O N / R E P L A C E D G3921 23 G3 3 0 7 20 0 7 FO R D R A N G E R 1F T Y R 1 4 U 3 7 P A 7 2 6 1 5 13 0 8 0 0 M I AG E / C O N D I T I O N / R E P L A C E D G3920 24 G3 4 8 1 20 0 8 CH E V Y T R A I L B L A Z E R IG N D T 1 3 S 9 8 2 2 4 5 5 8 9 55 1 2 3 M I AG E / C O N D I T I O N / R E P L A C E D G3934 25 G3 4 8 2 20 0 8 CH E V Y T R A I L B L A Z E R 1G N D T 1 3 S 5 8 2 2 4 8 2 1 5 51 7 8 9 M I AG E / C O N D I T I O N / R E P L A C E D G3935 26 G3 4 8 3 20 0 8 CH E V Y T B L A Z E R 4 X 4 IG N D T 1 3 S X 8 2 2 4 7 8 6 7 58 4 5 5 M I AG E / C O N D I T I O N / R E P L A C E D G3010 27 G3 4 8 4 20 0 8 CH E V Y T R B L A Z E R 4 X 4 IG N D T 1 3 S 6 8 2 2 4 4 8 2 2 63 3 3 8 M I AG E / C O N D I T I O N / R E P L A C E D G3937 28 PA L L E T A S S O R T E D O B S O L E T E S M A L L E N G I N E P A R T S 29 30 Attachment number 1 \nPage 1 of 1 Item # 14 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Authorize purchase orders for payment of premiums under the City’s 1% Life Insurance program for the continuation of individual life insurance plans with New York Life Insurance in the amount of $450,000 for the period from September 1, 2013 to September 30, 2016 and with Principal Life Insurance in the amount of $200,000 for the period from October 1, 2013, to September 30, 2016. (consent) SUMMARY: The City maintains a life insurance benefit for employees, referred to as the 1% Life Insurance Program, under which the City matches employee contributions for individual life insurance premiums in an amount not to exceed 1% of the employee’s annual salary. New enrollment is no longer permitted for this benefit, but a number of employees who were grandfathered are expected to continue to participate. Of the five present 1% Life Insurance participating vendors, only New York Life Insurance and Principal Life Insurance currently maintain employee enrollment in numbers great enough that the total dollar amounts for employee and City contributions to premiums require City Council approval authorizing a purchase order for payment. These purchase orders are expected to cover anticipated billing for fiscal years 2014, 2015, and 2016. Funds for City contributions to the program are provided for each year in the City budget. These purchase order requests are considered to be for a continuation of services that are excepted from the bid process as contracts for insurance. [Sec. 2.564(1)(j)] Review Approval: Cover Memo Item # 15 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Approve the settlement agreement between John Kleinfelter, et al. and the City of Clearwater in the amount of $155,000. (consent) SUMMARY: A lawsuit was filed by IAFF Local 1158 Union President John Klinefelter as lead plaintiff on behalf of a number of Clearwater Fire Rescue employees. The lawsuit alleged that hourly Clearwater Fire and Rescue Department employees were being paid incorrectly when working Holidays. The Collective bargaining agreement provides for payment of holiday pay. The Union raised a concern that the hours constituting Holiday pay for employees actually working on the designated City Holidays were being excluded from the regular rate of pay and used as an offset to the employees’ FLSA overtime pay. The long-standing city practice was to take advantage of a provision in the Fair Labor Standards Act (29 U.S.C. §207) that allows hours for Holiday pay to be excluded from the employee’s regular rate of pay in the determination of compensation toward the calculation of overtime. At no time prior to the Union raising the concern had the Union filed a grievance or brought the issue to the attention of the City’s Human Resources staff. The City contacted the Department of Labor in an effort to resolve the issue but the lawsuit was filed before any resolution could be reached. Because the Code of Federal Regulations does indicate that the Holiday hours may not be used to offset overtime and in consideration of the complexity and lengthy nature of litigation in Wage and Hour suits, it was felt that settlement was the most prudent course of action. The settlement agreement provides for $111,600 in backpay and liquidated damages and $44,400 for plaintiff attorney fees. The agreement for settle all outstanding claims and will result in dismissal of the suit. The funding for this agreement will be provided with a 3rd quarter budget transfer of $155,000 from General Fund retained earnings to the Fire Department operating budget. Appropriation Code Amount Appropriation Comment 0-010-01210-534000-522-000 155,000 General Fund Retained Earnings Review Approval: Cover Memo Item # 16 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA, FLORIDA JOHN KLINEFELTER, et al. ) ) ) CIVIL ACTION NO: 8:12-cv-01394-JSM-AEP Plaintiffs, ) ) v. ) ) CITY OF CLEARWATER, FLORIDA ) ) Defendant. ) ) SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into by John Klinefelter, et. al. (collectively referred to herein as "Plaintiffs"), and the City of Clearwater, including its current and former council members, department directors, supervisors, officers, attorneys, employees, successors in interest, predecessors, representatives, agents, insurers, and assigns (all in their representative and individual capacities) (collectively referred to herein as the "Defendant"). WHEREAS, Plaintiffs brought or joined in this action claiming violations of the Fair Labor Standards Act, 29 U.S. C. §201, et. seq. ("FLSA"); WHEREAS, the Defendant denies all of the allegations made by Plaintiffs; and, WHEREAS, the parties prefer to avoid the uncertainty and expense of further litigation and believe that their interests will be best served by the settlement and Attachment number 1 \nPage 1 of 6 Item # 16 2 dismissal of this action, with prejudice, and have concluded that the terms of this Agreement are fair, reasonable and adequate. NOW, THEREFORE, in consideration of their mutual promises and other good and valuable consideration, receipt of which is hereby acknowledged, the parties, intending to be legally bound, agree as follows: 1. Dismissal of Action with Prejudice. In exchange for the consideration set forth in paragraph 2 of this Agreement, Plaintiffs agree to dismiss this action with prejudice. Plaintiffs will authorize their attorneys to execute on their behalf the Joint Motion for Approval of Settlement Agreement and to Dismiss Action With Prejudice ("Joint Motion") that is attached to this Agreement as Exhibit 1. Upon approval by the U.S. District Court, the Joint Motion will thereby dismiss this case with prejudice with each party bearing its own costs and fees, except as delineated in this Agreement. The Joint Motion will be filed within three (3) business days after approval of this Agreement by all Plaintiffs and the Defendant. 2. Consideration. a. The Defendant agrees to pay Plaintiffs a total amount of One Hundred Eleven Thousand Six Hundred Dollars ($111,600.00) in back overtime wages and liquidated damages. The total amount of back overtime wages and liquidated damages due to each individual Plaintiff is attached to this Agreement as Exhibit 2. b. The Defendant will make appropriate tax and retirement withholdings and deductions from the back overtime wages. The Defendant shall be solely liable, however, for any required employer retirement contributions. No advance withholdings shall be made from the liquidated damages portion of the settlement amounts. Attachment number 1 \nPage 2 of 6 Item # 16 3 c. All amounts owed pursuant to paragraph 2(a), less the appropriate withholdings as defined in paragraph 2(b), shall be paid by check made payable to each individual Plaintiff, and sent to Plaintiffs' attorney Douglas L. Steele, Woodley & McGillivary, 1101 Vermont Ave. NW, Washington, D.C. 20005. The amount of back wages paid to each individual Plaintiff will be reported to Plaintiffs by the Defendant on Internal Revenue Service ("IRS") Form W-2. d. The Defendant agrees to pay Woodley & McGillivary the sum of Forty-Three Thousand Found Hundred Dollars ($43,400.00). This amount represents reimbursement for the attorneys' fees and costs incurred by the Plaintiffs. This amount shall be reported to Woodley & McGillivary on IRS Form 1099. This amount shall be paid by check made payable to Woodley & McGillivary, and sent to Plaintiffs' attorney Douglas L. Steele, Woodley & McGillivary, 1101 Vermont Ave. NW, Washington, D.C. 20005. e. The Defendant agrees to forward the payments set forth in paragraphs 2.a. and 2.b. of this Agreement to Woodley & McGillivary within twenty (20) days from the date of approval of this Agreement by the U.S. District Court. f. The Defendant agrees to cease the practice of offsetting contractual automatic holiday pay against overtime entitlement earned during that FLSA work period. g. Plaintiffs accept the rights, benefits, and protections provided herein as consideration in full and complete satisfaction and release of the claims asserted by them in this action brought under the FLSA. Plaintiffs agree and acknowledge that the payments they are accepting in exchange for dismissal of this Attachment number 1 \nPage 3 of 6 Item # 16 4 action, the release of claims, and the other promises made herein constitutes consideration to which they are not already entitled. 3. Release and Waiver of Claims. Plaintiffs hereby release, acquit, and forever discharge the Defendant from all claims based on the facts set forth in the above-referenced action. Plaintiffs agree and acknowledge that with respect to the claims they are waiving, they are waiving not only their right to recover money or other relief in any action that they might institute but also that they are waiving their right to recover money or other relief in any action that might be brought on their behalf by any other person or entity including, but not limited to, the State of Florida, the United States Department of Labor (“DOL”), or any other (U.S. or foreign) federal, state, or local agency or department. 4. No Assignment of Claims. Plaintiffs represent that they have not heretofore assigned or transferred, or purported to have assigned or transferred, to any entity or person any dispute released by them herein. 5. No Admission of Liability Or Wrongdoing. It is understood and agreed that this Agreement is entered into and offered by way of compromise of disputed claims and that this Agreement and any payments made pursuant to this Agreement are not to be construed as an admission of liability or wrongdoing by the Defendant. 6. Effective Date. This Agreement will become effective and enforceable once it is approved by the U.S. District Court. 7. Governing Law and Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and where applicable, federal laws. The language of this Agreement shall be construed as whole, according Attachment number 1 \nPage 4 of 6 Item # 16 5 to its fair meaning, and not strictly construed for or against either party. The United States District Court for the Middle District of Florida shall retain jurisdiction to enforce the terms of this Agreement. 8. Entire Agreement. This Agreement and its attachments set forth the entire agreement between the parties and supersede any and all prior agreements or understandings between the parties. 9. Amendment. This Agreement may not be amended except by a written agreement signed by the parties or signed by their respective administrators, trustees, personal representatives, or successors. 10. Headings. Section headings are used in this Agreement for ease of reference only and shall not affect the meaning of any provision of this Agreement. 11. Completeness of Agreement. This document constitutes a complete integration of the agreement between the parties and supersedes any and all prior oral or written representations, understandings or agreements among or between them. 12. Authority of Counsel. Plaintiffs’ attorney of record represents that he is authorized to enter into this Agreement on behalf of plaintiffs. Defendant’s attorney of record represents that he is authorized to enter into this Agreement on behalf of the Defendant. Attachment number 1 \nPage 5 of 6 Item # 16 6 AGREED TO: Douglas L. Steele Thomas M. Gonzalez T. Reid Coploff THOMPSON SIZEMORE GONZALEZ & WOODLEY & McGILLIVARY HEARING, P.A. 1101 Vermont Avenue, N.W. 201 North Franklin Street Suite 1000 Suite 1600 Washington, D.C. 20005 Tampa, FL 33602-5246 (202) 833-8855 Phone (813) 273-0050 (telephone) (202) 452-1090 Fax (813) 273-0072 (facsimile) dls@wmlaborlaw.com tgonzalez@tsghlaw.com trc@wmlaborlaw.com Counsel for Defendant Matthew J. Mierzwa, Jr. Florida Bar No. 0699860 Mark W. Floyd Florida Bar No. 0650471 MIERZWA & ASSOCIATES, P.A. 3900 Woodlake Boulevard, Suite 212 Lake Worth, FL 33463 (561) 966-1200 Phone (561) 966-1231 Fax mmierzwa@mierzwalaw.com mfloyd@mierzwalaw.com Counsel for Plaintiffs Attachment number 1 \nPage 6 of 6 Item # 16 Wage/Hour Lawsuit Settlement This white paper has been prepared as background for discussions regarding the wage and hour lawsuit settlement agreement re: Klinefelter, et al. v. City of Clearwater Background: · In May 2012, IAFF Local 1158 Union President John Klinefelter raised a compensation concern with the City’s Human Resources Department alleging that hourly Clearwater Fire and Rescue Department employees were being paid incorrectly when working Holidays. · The collective bargaining agreement between the City and IAFF Local 1158 states that Holiday pay for Holidays other than Christmas, Thanksgiving, and New Year’s Day is paid at 10% of the average weekly scheduled hours (10.6 hours). Pay for the three “premium” holidays described above is paid at 15% of the average weekly scheduled hours (15.9 hours). All bargaining unit employees receive the Holiday pay for each Holiday, regardless of whether or not they actually work on the Holiday. · The Union raised a concern that the hours constituting Holiday pay for employees actually working on the designated City Holidays were being excluded from the regular rate of pay and used as an offset to the employees’ FLSA overtime pay. · The long standing practice in the Clearwater Fire and Rescue Department was to take advantage of a provision in the Fair Labor Standards Act (29 U.S.C. §207) that allows hours for Holiday pay, when it is paid as a premium at no less than one-and-one-half times the regular rate of pay, to be excluded from the employee’s regular rate of pay in the determination of compensation toward the calculation of overtime. At no time prior to the Union raising the concern in this instance had the Union filed a grievance or brought the issue to the attention of the City’s Human Resources staff. · When the issue was raised with Human Resources, the City attempted to contact the Department of Labor in order to clarify the issue. Human Resources staff advised Lieutenant Klinefelter to also contact the DOL in an effort to expedite obtaining a response. Prior to receiving a response and/or guidance from DOL, Lieutenant Klinefelter filed suit as the lead plaintiff in a class action against the City. The City was not made aware this action was pending prior to being served with the suit. · The suit filed by Klinefelter, et al., indicated that the City improperly used the premium payments for Holiday hours under 29 U.S.C. §207 to offset overtime, and cited a provision in the U.S. Code of Federal Regulations (29 C.F.R. §778.219) that such hours, when they are paid whether or not the employee works on the Holiday, may not be considered as payment for hours worked on the holiday and thereby used to offset overtime. Attachment number 2 \nPage 1 of 2 Item # 16 Discussion: · The City retained the law firm of Thompson, Sizemore, Gonzalez, and Hearing to represent the City in the case. The City’s position was that the treatment of Holiday pay with respect to the calculation of overtime was consistent with and in accordance with both the collective bargaining agreement and past practice between the City and the Union. As such, the City did not willfully violate the relevant DOL regulations. · However, because the Code of Federal Regulations provision cited by the Union does indicate that the Holiday hours may not be used to offset overtime when the Holiday pay is granted whether or not the employee works the Holiday, and in consideration of the complexity and lengthy nature of litigation in Wage and Hour suits, it was felt that settlement is the most prudent course of action. · The settlement agreement provides for $111,600 in back pay and liquidated damages and $43,400 for plaintiff’s attorney’s fees. This settlement will satisfy all outstanding claims and will result in dismissal of the suit. Attachment number 2 \nPage 2 of 2 Item # 16 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Approve Lease Agreement between the City of Clearwater and Florida Sports Foundation, Inc. (FSF), from November 1, 2013 to October 31, 2018, for the lease of City-owned office space located at the Long Center, 1501 N. Belcher Road; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Parks and Recreation Department has worked closely with FSF for several years in our mutual desire to promote sports in the State of Florida and specifically in the City of Clearwater. FSF is a State of Florida organization whose mission is to promote and develop opportunities for professional, amateur and recreation sports and physical opportunities in the State of Florida, which in turn produces economic development and impact for the State and municipalities. FSF desires to have an operating office in the Midwest portion of the State of Florida and the offices at the Long Center will fulfill that purpose. Staff is in full support of this lease and looks forward to FSF choosing Clearwater to be its home base in Midwest Florida. Their presence in the City and specifically at the Long Center will help to create even more sporting opportunities for the community and for economic growth. Under this lease, FSF will have access to approximately 620 sq. ft. of unused office space currently on the second floor of the Long Center. Notable terms and conditions of the lease are listed below: FSF will pay base rent of $15,000 per year for the use of the space, payable in monthly installments of $1,250 per month. Rent shall include utilities, internet service, four phone lines with service, fax and copier access. Use of the premises will be used solely for the corporate mission of FSF. The initial lease term is for five years with an option to extend the lease for two additional five-year periods. The additional five- year option may be approved by the Parks and Recreation Director. Insurance requirements have been established by the City’s Risk Management Department. FSF will have use of common shared areas of the Long Center office Suite. City will provide maintenance of all major capital components of the leased premises as well as custodial maintenance of the areas leased by FSF. Review Approval: Cover Memo Item # 17 Attachment number 1 \nPage 1 of 9 Item # 17 Attachment number 1 \nPage 2 of 9 Item # 17 Attachment number 1 \nPage 3 of 9 Item # 17 Attachment number 1 \nPage 4 of 9 Item # 17 Attachment number 1 \nPage 5 of 9 Item # 17 Attachment number 1 \nPage 6 of 9 Item # 17 Attachment number 1 \nPage 7 of 9 Item # 17 Attachment number 1 \nPage 8 of 9 Item # 17 Attachment number 1 \nPage 9 of 9 Item # 17 Attachment number 2 \nPage 1 of 1 Item # 17 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Approve a proposal by Construction Manager at Risk Keystone Excavators, Inc., of Oldsmar, Florida in the amount of $350,000 for the construction of a 10-foot wide recreation trail encircling Lake Belleview, which is in Ed Wright and Ross Norton Parks, and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 5, 2012, the Council approved a grant agreement between the City of Clearwater and the Florida Department of Environmental Protection Office of Greenways and Trails (OGT) for a Recreational Trails Program (RTP) grant in the amount of $200,000 for the construction of the Lake Belleview Trail. This contract will provide for the construction of a 10-foot wide asphalt trail for a length of approximately 5,262 linear feet encircling Lake Belleview in Ed Wright and Ross Norton parks. The trail will be constructed in a manner to accommodate both cyclists and pedestrians; unlighted and open from sunrise to sunset. The construction duration for the project is 120 days, commencing in October. On June 6, 2013, the Council approved Construction Manager at Risk Services (CMR) for continuing contracts with several construction contractors including Keystone Excavators, Inc. Keystone Excavators was selected under the RFQ (Request for Qualifications) process based on qualifications, experience on similar projects, staff experience and availability, and knowledge of city standards. Keystone has been the selected low bidder on many past city projects of similar scope and the city was pleased with their performance. Future maintenance of the trail will be provided through the adopt-a-park program volunteers and existing park maintenance staff. There will be neither additional staff requirements nor additional operating impacts for this project. Sufficient funds are available in Capital Improvement Program project 315-93272, Recreation Trails for this contract. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: Current Year Cost:$350,000 Annual Operating Cost:-0- Not to Exceed:$350,000 Total Cost:$350,000 For Fiscal Year:2013 to 2014 Appropriation Code Amount Appropriation Comment 315-93272 $350,000 Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:Other Review Approval: Cover Memo Item # 18 Attachment number 1 \nPage 1 of 22 Item # 18 Attachment number 1 \nPage 2 of 22 Item # 18 Attachment number 1 \nPage 3 of 22 Item # 18 Attachment number 1 \nPage 4 of 22 Item # 18 Attachment number 1 \nPage 5 of 22 Item # 18 Attachment number 1 \nPage 6 of 22 Item # 18 Attachment number 1 \nPage 7 of 22 Item # 18 Attachment number 1 \nPage 8 of 22 Item # 18 Attachment number 1 \nPage 9 of 22 Item # 18 Attachment number 1 \nPage 10 of 22 Item # 18 Attachment number 1 \nPage 11 of 22 Item # 18 Attachment number 1 \nPage 12 of 22 Item # 18 Attachment number 1 \nPage 13 of 22 Item # 18 Attachment number 1 \nPage 14 of 22 Item # 18 Attachment number 1 \nPage 15 of 22 Item # 18 Attachment number 1 \nPage 16 of 22 Item # 18 Attachment number 1 \nPage 17 of 22 Item # 18 Attachment number 1 \nPage 18 of 22 Item # 18 Attachment number 1 \nPage 19 of 22 Item # 18 Attachment number 1 \nPage 20 of 22 Item # 18 Attachment number 1 \nPage 21 of 22 Item # 18 Attachment number 1 \nPage 22 of 22 Item # 18 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Approve acceptance of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant in the amount of $56,631 and additional 2.7 Full Time Equivalent Position (FTE) and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 18, 2013, Clearwater Police Department (CPD) was granted approval by the City Council to submit a grant application in the amount of $56,631 under the federal Justice Assistance Grant (JAG) program to continue its successful Report Review Team Program. The Program was originally launched in 2011 with JAG funding. That grant has been officially awarded and CPD now seeks approval to accept it. The Report Review Team Program was created as a means to increase supervisor efficiency within the police department. The RRT Program removes the burden of report review from first line supervisors. Implementation of the RRT Program has resulted in efficiencies for our field supervisors by allowing them to focus on evaluation and supervision of field personnel, employee coaching, community problem solving, and reaching other department goals. The smaller review team has also allowed for greater accountability and consistency in the final work product. The current RRT Program consists of a total of four part-time, non-sworn employees and operates under the supervisory umbrella of the Crime Analysis Unit. The team reviews, approves, and disseminates all police reports generated within the Patrol Division and by Police Service Technicians to ensure that the reports meet the minimum standards set forth by the department. Additionally, the team is responsible for the tracking of reports to ensure a timely review and to provide feedback to patrol supervisors if corrective action is necessary. The 2013 JAG grant will fund the salary and benefits of 1.4 full-time equivalent (FTE) report reviewer positions. This is based on a total of 2701.99 hours at an hourly rate of $19.4697 for total salary of $52,607. Social Security at 7.65% on that amount will be $4,024 for a grand total of $56,631 to be charged to the JAG grant. An additional 2,499 hours will be worked by the Team for a cost of $48,655 in salary and $3,722 for Social Security, for a total of $52,377 and representing another 1.3 FTE’s. The $52,377 will be funded by Investigative Cost Recovery project. The total cost of the program will be $109,008 with $56,631 for 1.4 FTEs being funded with the Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant and the remaining $52,377 for 1.3 FTEs funded from the Investigative Cost Recovery funding. Total FTE’s for the project are 2.7. There is no mandatory match for this grant. The $52,377 from the Investigative Cost Recovery fund will be reflected in the grant budget as a voluntary match. There is no retention requirement associated with this grant and the additional positions will be eliminated when grant funding expires. There will be no direct adverse impact to the Police Department annual operating budget nor is there a required match. Because the RRT Program is so successful, it is proposed that subsequent years continue to be funded through the same grant or the Investigative Cost Recovery project. Special project number 181-99245, 2013 Report Review Team Program, will be established to account for the grant Cover Memo Item # 19 expenditures. In addition, Special Project 181-99329, 2013 RRT-Invest Cost Recovery, will be used to fund the Investigative Cost Recovery portion of the grant. Type:Other Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$ 56,631.00 Annual Operating Cost: Not to Exceed:Total Cost:$109,008.00 For Fiscal Year:2013 to 2014 Appropriation Code Amount Appropriation Comment 181-99329 $52,377.00 Charged to 2013 RRT- Invest Cost Recovery Review Approval: Cover Memo Item # 19 Attachment number 1 \nPage 1 of 7 Item # 19 Attachment number 1 \nPage 2 of 7 Item # 19 Attachment number 1 \nPage 3 of 7 Item # 19 Attachment number 1 \nPage 4 of 7 Item # 19 Attachment number 1 \nPage 5 of 7 Item # 19 Attachment number 1 \nPage 6 of 7 Item # 19 Attachment number 1 \nPage 7 of 7 Item # 19 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Award a contract (purchase order) to General Chemical, of Parsippany, NJ for the purchase of Liquid Aluminum Sulfate in the amount of $370,320.23 during the contract period October 1, 2013 through September 30, 2016, being the lowest, most responsive bid for BID 23-13, and authorize the appropriate officials to execute same. (consent) SUMMARY: Liquid Aluminum Sulfate is used in the Northeast, East, and Marshall Street Water Reclamation Facilities (WRF) to maintain regulatory compliance with the City’s Florida Department of Environmental Protection (FDEP) operating permits. The bid was advertised on June 28, 2013, and five bids were received on Thursday, July 18, 2013. The lowest responsible bidder is General Chemical with a bid price of $179.00 per dry ton for the first year with a total estimated bid amount of $370,320.23 for the three-year period. The contract is renewable up to two additional years for a mutually- agreeable annually adjusted price in accordance with the Producer Price Index Series WPU0613020T Hydrochloric and Sulfuric Acid and WPU0630209 Aluminum Compounds. This item is a request for the approval of a three-year contract, assuming a 5% increase over the contract period dependent upon PPI increases, not to exceed $370,320.23. The recommended contract will replace our current BPO BR506806 with General Chemical that expires September 30, 2013, for Liquid Aluminum Sulfate (Alum) at $214.72/ dry ton. The new bid represents approximately a 17% reduction in cost for the first year. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-551000-535-000- 0000, WPC Operations, to fund Fiscal Year 2013/2014 in the amount of $117,468.74 and is planned in the budget request to be brought forward for Fiscal Year 2014/2015 in the amount of $123,342.19, and is planned in the budget request to be brought forward for Fiscal Year 2015/2016 in the amount of $129,509.30. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: Current Year Cost:$117,468.74 Annual Operating Cost: Not to Exceed:Total Cost:$370,320.23 For Fiscal Year:FY13 to FY16 Appropriation Code Amount Appropriation Comment 0421-01351-551000-535-000- 0000 $117,468.74 FY13/14 0421-01351-551000-535-000- 0000 $123,342.19 FY14/15 Cover Memo Item # 20 0421-01351-551000-535-000- 0000 $129,509.30 FY15/16 Bid Required?:Yes Bid Number:23-13 Other Bid / Contract:Bid Exceptions:None Review Approval: Cover Memo Item # 20 CI T Y O F C L E A R W A T E R BI D 2 3 - 1 3 - L I Q U I D A L U M I N U M S U L F A T E BI D O P E N E D : 7 / 1 8 / 2 0 1 3 - 1 1 : 0 0 A M BI D T A B U L A T I O N GE N E R A L C H E M I C A L G E O S P E C I A L I T Y C H E M I C A L S C & S C H E M I C A L S T H A T C H E R C H E M I C A L PA R S I P P A N Y , N J LI T T L E R O C K , A R MA R I E T T A , G E O R G I A SALT LAKE CITY, UT IT E M DE S C R I P T I O N QU A N T I T Y UN I T P R I C E TO T A L P R I C E U N I T P R I C E TO T A L P R I C E UN I T P R I C E TO T A L P R I C E UNIT PRICETOTAL PRICE 1 L I Q U I D A L U M I N U M S U L F A T E 8 0 0 1 7 9 . 0 0 $ 1 4 3 , 2 0 0 . 0 0 $ 4 4 2 . 2 1 $ 3 5 3 , 7 6 8 . 0 0 $ 1 8 8 . 9 4 $ 1 5 1 , 1 5 2 . 0 0 $ 1 8 1 . 6 8 $ 145,344.00$ DR Y T O N S DE L I V E R Y T I M E : 1- 2 D A Y S A R O 2 - 3 D A Y S A R O 2 - 3 D A Y S A R O 2 - 3 D A Y S A R O PA Y M E N T T E R M S : NE T 3 0 N E T 3 0 D A Y S N E T 3 0 N E T 3 0 D A Y S HA R C R O S S C H E M I C A L S TA M P A , F L O R I D A IT E M DE S C R I P T I O N QU A N T I T Y UN I T P R I C E TO T A L P R I C E 1 L I Q U I D A L U M I N U M S U L F A T E 8 0 0 4 1 8 . 9 4 $ 3 3 5 , 1 5 2 . 0 0 $ DR Y T O N S DE L I V E R Y T I M E : 3- 7 D A Y S A R O PA Y M E N T T E R M S : NE T 3 0 SU M M A R Y O F B I D 2 3 - 1 3 : BI D S S O L I C I T E D 6 BI D S R E C E I V E D 5 A D V E R T I S E D : T A M P A B A Y T I M E S 7 / 5 / 2 0 1 3 NO B I D R E S P O N S E 0 NO B I D 0 m y c l e a r w a t e r . c o m 6 / 2 8 / 2 0 1 3 - 7 / 1 8 / 2 0 1 3 Attachment number 1 \nPage 1 of 3 Item # 20 Attachment number 1 \nPage 2 of 3 Item # 20 Attachment number 1 \nPage 3 of 3 Item # 20 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Allied Universal Corp of Miami, from October 1, 2013 through September 30, 2014, with two one-year renewal options, for a total of $380,000 for the first contract period, for Liquid Sodium Hypochlorite, and authorize the appropriate officials to execute same. (consent) SUMMARY: Liquid Sodium Hypochlorite (bleach) is used as a disinfectant at the City of Clearwater’s three Potable Water Treatment Plants, three Water Reclamation Facilities, and three Reclaimed water pump stations. On September 22, 2010, City Council approved the award of Sodium Hypochlorite to Odyssey Manufacturing (Agenda Item 9.20). This award was for a one-year contract with two annual renewal options. The last one-year renewal, blanket purchase orders BR506807 and BR506783, is expiring September 30, 2013. This request is to replace blanket purchase orders BR506807 and BR506783 (Bid 22-13) for a one-year period, starting October 1, 2013 through September 30, 2014. Per new regulations from the Department of Environmental Protection (DEP), specifically the Ground Water Rule (GWR), the City is required to treat all in coming raw groundwater. The most responsible bidder in response to RFP 22-13 is Allied Universal with a price of $0.478 per gallon, which is a reduction in price of $0.207 per gallon (prior contract price was $0.685 per gallon), with a total estimated bid amount of $ 380,000 for the first year. If the parties agree to renew, the new price for the second period shall be the base price multiplied by the cumulative change in the Bureau of Labor Statistics Producer Price Index (PPI) for the period October 1, 2014 through September 30, 2015. If the parties agree to renew for the third period, the new price shall be the price in the first renew period multiplied by the cumulative change in the (PPI) for the period October 1, 2015 through September 30, 2016. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-551000-535-000- 0000, WET Operations, to fund Fiscal Year 13/14 in the amount of $259,000.00 and is planned in the budget request to be brought forward for Fiscal Year 14/15 in the amount of $271,000.00, and is planned in the budget request to be brought forward for Fiscal Year 15/16 in the amount of $284,600.00 and in the Water and Sewer Utility Fund operating cost center 0421-02053-551000-533-000-0000, Water Plant Operations, to fund Fiscal Year 13/14 in the amount of $121,000.00 and is planned in the budget request to be brought forward for Fiscal Year 14/15 in the amount of $126,500.00, and is planned in the budget request to be brought forward for Fiscal Year 15/16 in the amount of $132,800.00. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$380,000.00 Annual Operating Cost: Not to Exceed:Total Cost:$1,194,900.00 For Fiscal Year:2013 to 2016 Cover Memo Item # 21 Appropriation Code Amount Appropriation Comment 0421-01351-551000-535- 000-0000 $259,000.00FY13/14 0421-02053-551000-533- 000-0000 $121,000.00FY13/14 0421-01351-551000-535- 000-0000 $555,600.00 FY 14/15 &amp;amp; 15/16 0421-02053-551000-533- 000-0000 $259,300.00FY 14/15 &amp;amp; 15/16 Bid Required?:Yes Bid Number:RFP 22-13 Other Bid / Contract:Bid Exceptions:None Review Approval: Cover Memo Item # 21 CITY OF CLEARWATER BID 22-13 - LIQUID SODIUM HYPOCHLORITE BID OPENED: 7/12/2013 - 11:00 AM BID TABULATION ALLIED UNIVERSAL CORP. MIAMI, FLORIDA ITEM DESCRIPTION QUANTITY PRICE/GALLON 1LIQUID SODIUM HYPOCHLORITE1 LOT 0.478$ DELIVERY TIME: 1-2 WORK DAYS PAYMENT TERMS: NET 30 DAYS SUMMARY OF BID 22-13: BIDS SOLICITED4 BIDS RECEIVED1 NO BID RESPONSE2 NO BID 1 ADVERTISED: TAMPA BAY TIMES6/28/2013 myclearwater.com 6/21/2013 - 7/12/2013 Attachment number 1 \nPage 1 of 1 Item # 21 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Award a construction contract to Layne Inliner, LLC, of Sanford, Fl, in the amount of $338,833.00 for the Hillcrest Pipe Lining Project (13-0022-EN) and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater Engineering Department has determined that it will be necessary to rehabilitate approximately 860 linear feet of existing 54-inch stormwater pipeline between St. Thomas Drive and Belleview Boulevard. This existing pipe has significant deterioration and is near the end of its life cycle. The goal is to maintain the integrity of the stormwater system and minimize disruptions to our citizens and vehicular traffic by using a Resin Impregnated Cured in Place Pipe slip lining method. The rehabilitation of this pipe will maintain the current level of service for rainfall events and provide many more useful years to this storm system. Although Layne Inliner's was the only bid received on this project, they have been low bidder and successfully completed other pipe lining projects for the City, including the 2010 Annual Pipe Lining contract which included 18,000 feet of pipe lining. Staff has compared the unit prices to similar projects in the area and the prices are reasonable. Sufficient funding is available in Capital Improvement Program project 0315-96124, Storm Pipe System Improvements. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: See summary Current Year Cost:$338,833.00 Annual Operating Cost: Not to Exceed:$338,833.00 Total Cost:$338,833.00 For Fiscal Year:2012 to 2013 Appropriation Code Amount Appropriation Comment 0315-96124-563700-539-000- 0000 $338,833.00 See summary Bid Required?:Yes Bid Number:13-0022-EN Other Bid / Contract:Bid Exceptions:None Review Approval: Cover Memo Item # 22 BID ITEMS UNITQTYUNIT PRICEAMOUNT BASE BID 1 Mobilization EA 1 2,000.00$ 2,000.00$ 2 Maintenance of Traffic LS 1 1,200.00$ 1,200.00$ 3 Sediment and Erosion Control LS 1 130.00$ 130.00$ 4 Portable Project Sign EA 1 350.00$ 350.00$ 5 Pre-Installation Video Inspection LS 1 600.00$ 600.00$ 6 Light Cleaning 54" Pipe, LF8602.50$ 2,150.00$ 7 Furnish and Install 54" RICIPP Lining (27mm Nominal Thickness)LF860350.00$ 301,000.00$ 8 Post- Installation Video Inspection LS1600.00$ 600.00$ 308,030.00$ 30,803.00$ 338,833.00$ ALTERNATE BID ITEMS HILLCREST PIPE LINING PROJECT 13-0022-EN BID OPENING: AUGUST 8, 2013 AWARD DATE: SEPTEMBER 5, 2013 LAYNE INLINER, LLC 2531 JEWETT LANE SANFORD, FLORIDA SUB TOTAL 10% CONTINGENCY TOTAL BASE BID ALTERNATE BID ITEMS 9 Medium Cleaning 54" Pipe LF 860 4.00$ 3,440.00$ Attachment number 1 \nPage 1 of 1 Item # 22 Attachment number 2 \nPage 1 of 16 Item # 22 Attachment number 2 \nPage 2 of 16 Item # 22 Attachment number 2 \nPage 3 of 16 Item # 22 Attachment number 2 \nPage 4 of 16 Item # 22 Attachment number 2 \nPage 5 of 16 Item # 22 Attachment number 2 \nPage 6 of 16 Item # 22 Attachment number 2 \nPage 7 of 16 Item # 22 Attachment number 2 \nPage 8 of 16 Item # 22 Attachment number 2 \nPage 9 of 16 Item # 22 Attachment number 2 \nPage 10 of 16 Item # 22 Attachment number 2 \nPage 11 of 16 Item # 22 Attachment number 2 \nPage 12 of 16 Item # 22 Attachment number 2 \nPage 13 of 16 Item # 22 Attachment number 2 \nPage 14 of 16 Item # 22 Attachment number 2 \nPage 15 of 16 Item # 22 Attachment number 2 \nPage 16 of 16 Item # 22 Ø ØØ Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø ØØ ØØ Ø Ø Ø Ø Ø Ø Ø Ø ØØ Ø Ø Ø Ø Ø ØØ Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø BETTY LN HILLCREST AVE EVERGREEN AVE S U N N Y PA RK R D FREDRICA AVE LEMON ST TEMPLE ST ROSE ST SEABREEZE ST S A I N T T H O M A S D R N U R S E R Y R D CITRUS ST REGAL RD BETTY LN LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com PROJECTSITE CRM RJ N.T.S.314B 22-29n-15e07/05/20 13Map Gen By:Reviewed By:S-T-R :Grid #:Date:Scale: HILLCREST PIPE LININGCONTRACT # 13-0022-EN Document Path: V:\GIS\Engineering\Location Maps\Hillcrest Pipe Lining 2013\Hillcrest_Pipe_Lining_2013.mxd Attachment number 3 \nPage 1 of 1 Item # 22 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Approve additional funding to the United States Army Corp of Engineers (USACE) in the amount of $870,000 for the Stevenson Creek Estuary Restoration Project. (consent) SUMMARY: The City entered into a Project Partnership Agreement (PPA) with the USACE in August of 2008 and to date has provided a total of $3,263,399.68 in funding. The City received a request for an additional $870,000 in August of 2013 bringing the total City share to $4,133,399.68. This funding request is $534,000 for USACE staff contract administration, $260,000 for hauling additional material to the disposal site and $76,000 for contingency. Sufficient budget is available in Capital Improvement Program project 0315-96129, Stevenson Creek Estuary Restoration. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: See summary Current Year Cost:$870,000 Annual Operating Cost: Not to Exceed:$870,000 Total Cost:$870,000 For Fiscal Year:2012 to 2013 Appropriation Code Amount Appropriation Comment 0315-96129-563700-539-000- 0000 $870,000 See summary Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:None Review Approval: Cover Memo Item # 23 Attachment number 1 \nPage 1 of 2 Item # 23 Attachment number 1 \nPage 2 of 2 Item # 23 STATE SUNNYDALE APACHE FAIRMONT TA NOKOMIS IROQUOIS CALUMET POINT DR AVE AVEFAIRMONT MARSHALL DR AVE SMINNE FORT HARRISON AVE SU NSET D R PRINCESS PLEASANT BURST SUN CT VENET IAN LEBEAU OSAGE O MOHAWK VENETIAN S T E V E N S O N S DR OVERBROOK Cardova SUNSET POINT DR AVE CR-576 SPRINGTIME RD DR SHERIDANAVE CR-345 COLES ALOHA PINEL AND WASHINGTON MADISON BECKETT GRANT CARLTONTAFT FULTON MARSHALL AVE ST BECKETT ST ST ST RUSSELL D R TRAIL A V E OVERBROOK HARBOR ST AVE DOUGLAS AVE BROOK SYLVAN CAROLYN VISTA ST WAY STEVENSON WASHINGTON MACOMBER CHENANGO SUNSET C A R O L TON CK CLAIRE DR S T O CR-560 JADE SEDEEVA EDGEWATER CIR SEDEEVAST CIR S WILSON SEDEEVAIVAST AVE BERTLAND PINECREST N F u ll e r D r Fuller Dr AVE DOUGLAS CR-576 LOCATION MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com RestorationProject JB TM 1"=600 '260A 03-29s-15e08/14/201 3Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale : Stevenson Creek Estuary AquaticEcosystem Restoration Project StevensonCreek Document Path: V:\GIS\Engineering\Location Maps\Stevenson Creek Restoration Project.mxd Attachment number 2 \nPage 1 of 1 Item # 23 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Appoint Jeffery W. Smith to the Clearwater Housing Authority Board with term to expire September 30, 2017 and reappoint Jan Moss for a term to expire September 30, 2017. SUMMARY: APPOINTMENT WORKSHEET BOARD: Clearwater Housing Authority TERM: 4 years APPOINTED BY:Mayor, Approved by City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: One member must be a Public Housing Resident (effective 10/1/84) MEMBERS: 5 CHAIRPERSON: Deborah Woodard MEETING DATES: 4th Friday, 9:00 a.m. (Every other month) PLACE: TheVincent Building, 908 Cleveland Street, Clearwater, FL 33755 APPTS. NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: Robert Aude – 1719 Brentwood Dr., 33756 – Original Appointment 12/5/91 Interest in Reappointment: No (5th term expires 9/30/13) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY. CHA IS RECOMMENDING MR. JEFFERY SMITH BE APPOINTED TO FILL THE VACANT SEAT. 1. Trevor Leigh Davison – 2724 Via Murano #629, 33764 – Property Management 2. John B. Johnson – 3237 San Pedro St., 33759 – Business/Ins. 3. Jeffery W. Smith – 2925 Eagle Estates Circle S., 33761 – Principal/Remodeling Constr./Arch. Business THE FOLLOWING ADVISORY BOARD MEMBER ALSO HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM. MS. MOSS IS FINISHING HER 1ST TERM AND IS WILLING TO BE REAPPOINTED. Jan Moss – 1102 S. Missouri Ave., Apt. 311, 33756 – Original Appointment 9/3/09 (1 absence in the past year) Interest in Reappointment: Yes (1st term expires 9/30/13) Zip codes current members on board: 1 at 33756 1 at 33759 1 at 33761 1 at 33764 1 at 33767 Review Approval: Cover Memo Item # 24 Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS L-1 i bPSvidoN' Home Address: D:-VD-4 Lit (\ (' \ j ) r o 4- (-2-9 h- Zip 33-1 (.Y- Telephone: 1 S-4 - (c(,; L S Cell Phone: 9 SA{ - (O G S s CS Office Address: Zip Telephone: E -mail Address: +rt-•‘or \ c 1 c+ v socc E 3 ts4ACA «M How long a resident of Clearwater? 4 le vcS Occupation: Qfok-x-A Nekoo.5 &r rV Employer: Field of Education: If retired, former occupation: ci+fr)T Et-PP.) Community Activities: atat vva*t / " J Other Interests: Board Service (current and past): Additional Comments: Other Work Experience: i t_cm s 1,\Nks pv9Afki r Yo• YctNa ^ r 3 , r so 3 3S\..er-vz , \kt-N5sue o. . YCo ) 1•c.vE mm.0..5arn944V .enr\ct, Board Preference: C- Lk_o,r v .i -c ( 1 u s r n CILIA kt• 1 K -T0 XI)Vnh Signed: Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Attachment number 1 \nPage 1 of 2 Item # 24 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? er s. ax.cl e- fit, (Nnco(Nol..e ctekuiwaTer C,u s. rl kr-NaivLekioAry CAW v.6-to( }era D . C CUSS rS\— nt scrw k1-\ ci (Jam cvrd i „g ktvt i"S ) 1-1)rovc tkisz wcli« t tea' 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? rk-.Vcs — 1 r V Spy 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 4 u .1 d1 X1.1 wtt- s ovv1GL. S cat S w KJ- task I C ee s cd/1.0 nom. s Pro taelty Nct.v.e r`N i: ,+ to. S 34 YN5 3 c AA J tj 'Ino C D ,0Z:tr.& cad Vrx\c1orS . . 5 . Pvo I tiwot,1/4.if 1)M1Afirk5 Y`I.on ,e tiF Co'N` M.O. 4. Why do you want to serve on this Board? co we_ lCvv,Q kAl cic a, ef>c - e4 --\ LsL, ks.7 Qtj \-0„Y\ LL Wick_ e CUSKI inkx..ki-- un9 41-\Q"' 'ti I til C 13 Ex\S cr Ckk vu'o4 ry Cikd .1g. t N c QQ n Name: 1C-Q\(`( be<V Board Name: Ci.ts rNo•A C( J' AlS r J Qvk orJ y Attachment number 1 \nPage 2 of 2 Item # 24 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS RECENED Name: it/ / 7-7;%// 5— JAR 0 6 2612 Home Address: Office Address: 3a 3 7 . A./7 PAvio ' oFFicit r. LIECVAIVE k6 Zip 337 51 Zip Telephone: o?G.G { Telephone: Cell Phone: k/ E-mail Address: How long a resident of Clearwater? Occupation: ,r ?( -! f (BA,'S7 d Employer:2 its Field of Education: Other Work Experience: If retired, former occupation:,"P AzH4l`S . c l s• g Community Activities: .s /OtR et T/)f./c A N -- em/ 4,, Other Interests: 6="",.. . Board Service (current and past): Board Preference: 2ati«f 1 P Additional Comments:et-7y rriq k Y.5%-; '! 6 A/ 2r• J C 1-.,fprP, D Signature: 0 i Date: it9 A.—// See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Attachment number 2 \nPage 1 of 2 Item # 24 BOARD QUESTIONNAIRE is your understanding of the board's duties and responsibilities?1. What s yo g p sWIN< f c DAL fir v V 777 4s r 2 , g wt., A 4- >i s 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? p—, z. fro 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? A.Aks , 4 /, c 'Q Y~ '- 9e7 y.6 $ p 00-0/D r 7t r 4. Why do you want to serve on this Board? O 77 Olas Name: 41/.;... Board Na Attachment number 2 \nPage 2 of 2 Item # 24 Name: Home Address 2925 Eagle Estates Circle S CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Jeffery W. Smith Clearwater FL Telephone: 727-796-0732 Cell Phone: 727-639-3788 Zip 33761 How long a resident of Clearwater? Occupation: Principal Field of Education: Golden High School Office Address: 748 Broadway, Suite 202 Dunedin FL Telephone: 727-785-4441 Zip 34698 E-mail Address:Jsmith(&audesmith.com 35 years Employer: Aude-Smith Architecture, Inc AIA Other Work Experience: 10 years of new home and remodelind construction 30 years in the Architectural business If retired, former occupation: Community Activities: None at this time Other Interests: Board Service (current and past): Board Preference: Clearwater Housing Authority Board Additional Comments: With my experience in new and used housing for 30 years and my exposure to the construction industry, I think I can be an asset to the Board. Signature: Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. 0. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits PP.CR Declaration of Domicile filed with the city clerk affirming residency within city limits C771C'IALREC0 R2° DSAND LE.ASTLATiVE SEUCS DEFI Attachment number 3 \nPage 1 of 2 Item # 24 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Public housing, affordable housing, and Section 8. Attend Board meetings and study policies, procedures, and sub-committees. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? No 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? As an owner or partner in two architectural firms and a construction company, 1 bring a number of qualifications in design, function, budget, master planning, and livability to my background. 4. Why do you want to serve on this Board? Through my experience in Architecture and Construction, I can be a help to the community. I am looking for an opportunity to better serve our community. Name: Jeffery W. Smith Board Name: Clearwater Housing Authority Board Attachment number 3 \nPage 2 of 2 Item # 24 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Jan Moss Home Address: Office Address: 1102 S. Missouri Ave. Apt. 311 (same) Clearwater, Florida Zip 33756 Zip Telephone: 727 -439 -2715 Telephone: Cell Phone: 727 - 439 -2715 E -mail Address: JUL 2 9 2613 How long a resident of Clearwater? 12 years , Occupation: Freelance Writer Employer: Self Field of Education: Other Work Experience: B.A. in Journalism St. Petersburg College, writing instructor, staff_ If retired, former occupation: Community Activities: Other Interests: Board Service (current and past): Board Preference: 2009 - 2013 Clearwater Housing Authority Additional Comments: DateLE4_ 1 /S i See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Attachment number 4 \nPage 1 of 2 Item # 24 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To help set policy and achieve the vision of the Clearwater Housing Authority with integrity, loyalty, knowledge, and respect for members of the board, staff, residents, and community. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I have served on the board of the Clearwater Housing Authority for a term of almost four years and 1 am familiar with the processes and procedures of the board. 1 continue to be fully committed to achieving the board's vision to offer affordable, safe, and dignified housing to the residents of Clearwater. 4. Why do you want to serve on this Board? It is the most rewarding work 1 have ever done. As the resident commissioner and a graduate of the CHA Self- sufficiency Program, I have experience the process from the perspective of the residents we serve and can bring my experience to the table. Name: Jan Moss Board Name: Clearwater Housing Authority Attachment number 4 \nPage 2 of 2 Item # 24 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Authorize the City Attorney to hire Jeffrey Hinds, Esq. of Smolker, Bartlett, Schlosser, Loeb and Hinds, P.A. to represent the City in the case of David and Aileen Bair v. City of Clearwater for the initial amount of $40,000.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: On or about April 2001, the Plaintiffs submitted a building application to Planning and Development to remodel their property in Island Estates. Because the property is below the 100-year flood elevation and is located in a "V" flood zone, the Community Development Code requires any "substantial improvements" to existing structures to comply with the flood damage-resistance provisions, including that the structure be elevated. "Substantial Improvement is defined as the "reconstruction, rehabilitation, addition or other improvement of a structure during a one-year period, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of the construction of the improvement. The Building Official required the Plaintiffs to submit a non-substantial improvement application and related materials demonstrating that the work was not a substantial improvement. The City initially issued a building permit in July 2011 and Plaintiffs began work in August of that year. The City then placed a Stop Work Order on the property because Building determined that in fact the work constituted a substantial improvement. The Plaintiffs appealed this determination to the Building/Flood Board of Adjustment and Appeals; the Board ruled in favor of the City. The Plaintiffs did not further appeal the Board’s decision to Circuit Court, but instead began the process, which resulted in the filing of this lawsuit. The Plaintiffs’ suit has two counts, one under the Bert J. Harris, Jr. Private Property Rights Protection Act and a second for Equitable Estoppel. The Plaintiffs claim that they have lost market value on their property due to their partial demolition of the structure in alleged reliance on the issuance of the permit and due to their alleged inability to complete the renovations. The City has pleaded a number of defenses to the action. The City Attorney is seeking authorization to assign defense of this case to Jeffrey Hinds, Esq. of Smolker, Bartlett, Schlosser, Loeb & Hinds, P.A. The initial budget is estimated at $40,000, which is available in the City Attorney's Office Professional Services Budget. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: Current Year Cost:$40,000 Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year:10012012 to 09302013 Appropriation Code Amount Appropriation Comment 010-09600-530100-514-000- 0000 40,000 Review Approval: Cover Memo Item # 25 LEGAL SERVICES AGREEMENT THIS AGREEMENT is made on the ____ day of __________, 2009, by and between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida, 33758-4748 (the "City") and Jeffrey Hinds, Esq., Smolker, Bartlett, Schlosser, Loeb & Hinds, 500 E. Kennedy Blvd., Suite 200, Tampa, FL 33602 (“Counsel”). W I T N E S S E T H: WHEREAS, the City wishes to retain a firm to serve as Counsel in the following matter: David Bair and Aileen Bair v. City of Clearwater, Case No. 13- 002750-CI, Uniform Case No. 522013CA002750XXCICI NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto do hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is hereby authorized to provide services as described in this Agreement and for the professional fees described in this Agreement. SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its professional services for the following matter: Representation of the City of Clearwater in David Bair and Aileen Bair v. City of Clearwater. SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a rate of $250.00 per hour for attorney services and a rate of $90.00 per hour for paralegal services for Smolker, Bartlett, Schlosser, Loeb & Hinds. SECTION 4. TERM. This Agreement will be effective commencing September 6, 2013. SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made by the City to the firm for reasonable out-of-pocket expenses as determined by the City Attorney without markup, including but not limited to long distance calls and facsimiles, copying or reproducing documents, postage, court costs, parking costs and travel incurred by Counsel in performance of the duties Attachment number 1 \nPage 1 of 3 Item # 25 [LT13-1430-038/132085/1] 2 hereunder. Travel and per diem costs as well as auto travel expenses shall not exceed that which is available to City of Clearwater employees. SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Counsel or its employees in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Counsel shall procure and maintain during the life of this Agreement professional liability insurance in the amount of $1,000,000. This provision shall survive the termination of this Agreement. SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Counsel that Counsel is not aware of any clients of the firm that currently present any conflict between the interests of the City and other clients of Counsel. If any potential conflict of interest arises during the time Counsel is representing the City, Counsel will promptly inform the City. The City is under no obligation to agree to permit the conflict representation. SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Counsel. SECTION 9. COURT REPORTER SERVICES. D & D Reporting Services is the City Attorney’s Office’s preferred vendor for all court reporter services, including the use of court reporter services by the City’s outside counsel. Counsel agrees to use D & D Reporting Services whenever possible. SECTION 10. CANCELLATION OF AGREEMENT. The City or Counsel may cancel or terminate this Agreement upon ten days advance written notice to Counsel. In the event of cancellation, Counsel shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. Further, it is understood and agreed between the City and Counsel that Jeffrey L. Hinds, Esquire, will be the lead attorney assigned by the firm to provide the services contained herein. The City in its absolute discretion may immediately terminate this Agreement upon written notice to the firm if the services of this attorney are unavailable to the City. SECTION 11. ATTORNEYS FEES. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each Attachment number 1 \nPage 2 of 3 Item # 25 [LT13-1430-038/132085/1] 3 party shall bear its own costs and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas County, Florida. IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the date first written above. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By:________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ __________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk SMOLKER, BARTLETT, SCHLOSSER, LOEB & HINDS __________________________ By: Jeffrey L. Hinds, Esquire Attachment number 1 \nPage 3 of 3 Item # 25 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Reappoint Councilmember Doreen Hock-DiPolito to serve as the City's representative on the Pinellas County Metropolitan Planning Organization with term to expire on September 12, 2017. (consent) SUMMARY: Review Approval: Cover Memo Item # 26 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Authorize the City Attorney to hire Alan Zimmet, Esq. of Bryant Miller Olive to represent the city in the matter of Petersen and Spatuzzi v. City, and authorize the appropriate officials to execute a Legal Services Agreement. (consent) SUMMARY: The City has been sued by Peterson (a resident of Waters Edge) and Spatuzzi (a resident of Pierce 100). Their complaint seeks declaratory and injunctive relief in the form of a ruling (1) that the ballot question that seeks to authorize a long term lease of the “bluff” where city hall is presently located to the Clearwater Marine Aquarium is misleading and fails to comport to statutory requirements, (2) that the memorandum of understanding between the City and CMA constitutes an unlawful pledge of credit by a municipality to a private entity, and (3) that the proposed aquarium does not serve a valid municipal purpose, and that, therefore, the City cannot place the referendum question on the ballot in the upcoming general election. The City Attorney seeks authorization to assign defense of this case to Alan Zimmet, Esq., of Bryant, Miller, Olive. The initial budget is estimated at $40,000.00, which is available in the City Attorney's Professional Services Budget. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: Current Year Cost:$40,000 Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year:10012012 to 09302013 Appropriation Code Amount Appropriation Comment 010-09600-530100-514-000- 0000 $40,000 Review Approval: Cover Memo Item # 27 LEGAL SERVICES AGREEMENT THIS AGREEMENT is made on the ____ day of __________, 2013, by and between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida 33758-4748 (the "City") and ALAN ZIMMET, ESQ., Bryant Miller Olive, One Tampa City Center, 201 N. Franklin St., Suite 2700, Tampa, FL 33602 ("Counsel"). W I T N E S S E T H: WHEREAS, the City wishes to retain Counsel to provide Attorney Services in the matter of Thomas Petersen and Inge Spatuzzi v. City of Clearwater and Deborah Clark. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto do hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is hereby authorized to provide attorney services as described in and for the professional fees described in this Agreement. SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide attorney services as follows: Representation of the City of Clearwater in the matter of Thomas Petersen and Inge Spatuzzi v. City of Clearwater and Deborah Clark, Case No. 13- 008224-CI. SECTION 3. TERM. This Agreement will be effective September 6, 2013 and will continue until terminated in accordance with Section 9 herein. SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a rate of $250.00 per hour for attorney services, to a maximum of $40,000, not to exceed $30,000 without prior written consent. SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made by the City to Counsel for reasonable out-of-pocket expenses as determined by the City without markup, including but not limited to long distance calls and facsimiles, postage, court costs, parking costs and travel incurred by Counsel in performance of the duties hereunder. Travel and per diem costs as well as auto travel expenses shall not exceed that which is available to City of Clearwater employees. The City will reimburse Counsel for photocopies at the statutory rate of $0.15 per single-sided page and $0.20 per double-sided page. SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character Attachment number 1 \nPage 1 of 3 Item # 27 [LT13-9100-035/132083/1] 2 arising out of or due to any negligent act or omission of Counsel, its employees, agents and subcontractors in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Counsel shall procure and maintain during the life of this Agreement professional liability insurance in an amount of $2,000,000. This provision shall survive the termination of this Agreement. SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Counsel that Counsel is not aware of any clients of the firm that currently present any conflict between the interests of the City and other clients of Counsel. If any potential conflict of interest arises during the time Counsel is representing the City, Counsel will promptly inform the City. The City is under no obligation to agree to permit the conflict representation. SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Counsel. SECTION 9. CANCELLATION OF AGREEMENT. The City may cancel or terminate this Agreement upon ten days advance written notice to Counsel. In the event of cancellation, Counsel shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the date first written above. THE CITY OF CLEARWATER By: _____________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________ ___________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 1 \nPage 2 of 3 Item # 27 [LT13-9100-035/132083/1] 3 Attest: ALAN ZIMMET, ESQ. BRYANT MILLER OLIVE ______________________________ ___________________________________ Attachment number 1 \nPage 3 of 3 Item # 27 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Review and approve the proposed sculpture collection for Sculpture360: Season VI – Art in the Cleveland Street District. SUMMARY: Sculpture360 – Art in the Cleveland Street Districtis a temporary exhibition of outdoor public artwork intended to bring high- quality, iconic, and vibrant artwork to downtown Clearwater. This agenda item is presented in accordance with actions taken during the April 15, 2009 City Council meeting in which the Council requested that all installations of artwork of public property be subject to Council review. The following collection of sculptures is recommended in full for temporary exhibition as part of the Public Art and Design Program’s Sculpture360: Art in the Cleveland Street District: Season VI. The sculptures were chosen by a Selection Panel, appointed by the Public Art and Design Board (PADB) in accordance with the Public Art and Design Program Guidelines. The PADB subsequently reviewed and approved this collection. The sculptures are slated for installation starting the week of October 24 and will remain on exhibition through October 1, 2014. The Selection Panel consisted of individuals representing specified interests and expertise were as follows: Alex Plisko (Chair), vice-chair of the Public Art and Design Board Anne Fogarty-France, Economic Development representative Felicia Leonard, Parks and Recreation representative Gus and Lina Ocamposilva, professional sculptors An open Call to Artists as outlined in the Public Art and Design Guidelines was issued detailing the scope of the project. The Call to Artists resulted in approximately 53 responses of qualified artists with various works proposed for temporary loan. The Selection Panel selected three finalists (Nicole Beck, Dimitar Lukanov, and Merle Randolph) and two alternates (John Clement and Hanna Jubran). The PADB has approved an allocation of $9,000.00 from the Public Art and Design Program Discretionary Fund for the purpose of funding the project budget for Sculpture360: Season VI. Funds will be utilized for artist honoraria and equipment, materials, and personnel necessary for installing and removing the sculpture under the terms of the exhibition. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$9,000 Annual Operating Cost:-0- Not to Exceed:$9,000 Total Cost:$9,000 For Fiscal Year:2013 to 2014 Appropriation Code Amount Appropriation Comment 325-93608 $9,000 Review Approval: Cover Memo Item # 28 Attachment number 1 \nPage 1 of 6 Item # 28 Attachment number 1 \nPage 2 of 6 Item # 28 Attachment number 1 \nPage 3 of 6 Item # 28 Attachment number 1 \nPage 4 of 6 Item # 28 Attachment number 1 \nPage 5 of 6 Item # 28 Attachment number 1 \nPage 6 of 6 Item # 28 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 29 City Council Agenda Council Chambers - City Hall Meeting Date:9/5/2013 SUBJECT / RECOMMENDATION: Reschedule Work Session and Council Meetings - Councilmember Jonson SUMMARY: Review Approval: Cover Memo Item # 30