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12/19/2013
City Council Agenda Location: Council Chambers - City Hall Date: 12/19/2013- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1Service Awards Attachments 4.2Clearwater Central Catholic H.S. Football Team - Coach John Davis Attachments 4.3Presentation of check for volunteer hours - Felicia Leonard, Parks & Rec Attachments 5. Approval of Minutes 5.1Approve the minutes of the December 5, 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 the City of Clearwater’s Fiscal Year 2012-2013 Consolidated Annual Performance and Evaluation Report (CAPER). Attachments 7.2Approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines establishing certain setback and stepback standards in the Small Motel District and additional criteria for the Hotel Density Reserve; and pass Ordinance 8497-14 on first reading. Attachments 7.3Approve amendments to the Community Development Code revising footnotes to Tourist (T) District Tables 2-802 and 2-803 regarding the applicability of certain development standards set forth in Beach by Design and pass Ordinance 8523-13 on first reading. (TA2013-10009) Attachments 7.4Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2071 The Mall (Lot 8, Block C, Brooklawn Subdivision) together with all of the abutting Right of Way of Arbelia Street; and Pass Ordinances 8516-14, 8517-14 and 8518-14 on first reading. (ANX2013-10031) Attachments 7.5Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1734 Kings Highway (Metes and Bounds Tract 44/01 in Section 03, Township 29 S, Range 15 E) together with all of the abutting Right of Way of Kings Highway; and pass Ordinances 8519-14, 8520-14 and 8521-14 on first reading. (ANX2013-10032) Attachments 8. Second Readings - Public Hearing 8.1Adopt Ordinance 8508-13 on second reading, amending the Code of Ordinances Chapter 29 to provide for an exemption of public services taxes on a decreasing graduated basis for a period of five years; for the purchase of electricity or metered natural gas by certain customers for certain purposes. Attachments 8.2Adopt Ordinance 8524-13 on second reading, approving an ad valorem tax exemption for Instrument Transformers, Inc. Attachments City Manager Reports 9. Consent Agenda 9.1Approve settlement of workers' compensation claim of Mr. Terry Butler, for payment of $50,100, inclusive of costs, attorney fees, and general release, and authorize the appropriate officials to execute same. (consent) Attachments 9.2Approve the conveyance of a Distribution Easement to be granted to Duke Energy for the installation of electrical facilities within city Project 13-0032-GA, Compressed Natural Gas Filling Station Upgrades, to be executed and recorded at such time as the as-built location of such facilities is available; and authorize the appropriate officials to execute same. (consent) Attachments 9.3Approve the advisory consulting agreement between the City and Independent Financial Partners for the continued provision of advisor/consultant services by Montgomery Retirement Plan Advisors to the City 457 Deferred Compensation Plans and the City 401a Money Purchase Pension plan and authorize the appropriate officials to execute same. (consent) Attachments 9.4Approve the Administrative Management Services Agreement between the City and Unum for the period from January 1, 2014 to January 1, 2015 and authorize the appropriate officials to execute same. (consent) Attachments 9.5Accept a Drainage Easement, a Potable Water Main Easement and a Sanitary Sewer Easement conveyed by BayCare Health Systems, Inc. (BayCare) over property located at 2995 Drew Street, Clearwater. (consent) Attachments 9.6Approve the final plat for Majestic Oaks, whose physical address is 3030 Union Street, located on the north side of Union Street approximately 1,000 feet West of McMullen Booth Road. (consent) Attachments 9.7Approve an agreement to extend the Alligator Creek Watershed Management Plan Phase 2(N097) cooperative funding agreement between the City and Southwest Florida Water Management District (SWFWMD) from December 31, 2013 to May 31, 2014 and authorize the appropriate officials to execute same. (consent) Attachments 9.8Reappoint Michael Engelmann to the Environmental Advisory Board with term to expire December 31, 2017. (consent) Attachments 10. Other Items on City Manager Reports 10.1Amend the City of Clearwater Code of Ordinances, Section 32.224, relating to the cost of certain discharges with specific properties to the collection and treatment of wastewater, and pass Ordinance 8534-14 on first reading. Attachments 10.2Approve an economic development ad valorem tax exemption of 50% of the increase in tangible personal property taxes for a period of 5 years for MarineMax, Inc. beginning in Tax Year 2014 through Tax Year 2018; and pass Ordinance 8535-14 on first reading. Attachments 10.3Approve an economic development ad valorem tax exemption for Skye Lane Properties, LLC, A Heritage Insurance Company, and Heritage Property and Casualty Insurance Company, of the increase in real and tangible personal property taxes for a period of 10 years beginning in Tax Year 2014 through Tax Year 2023; and pass Ordinance 8536-14 on first reading. Attachments 10.4Designate the City Clerk and Official Records and Legislative Services staff to serve as the Clerk to the Local Hearing Officer for the purpose of conducting hearings related to red-light camera violations, appoint Nancy Mag, Esq. as the Local Hearing Officer, approve the Legal Services Agreement between Nancy Mag and the City of Clearwater, adopt Resolution 13-25, and authorize the appropriate officials to execute same. Attachments 10.5Approve 2014 State Legislative Package. Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1City Manager Verbal Reports Attachments 12. Closing Comments by Mayor 13. Adjourn City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service James Pleasant Parks and Recreation Duane Barto Public Utilities Nicholas Capogna Police Sherry Ryder Public Utilities Charles Wilson Solid Waste 10 Years of Service Marsha Beall Parks and Recreation Philip Kirchoffer Library Frank McCormick Solid Waste Allison Cox Parks and Recreation Vicky Britton Police Lonnie Baker Parks and Recreation 15 Years of Service Steven Kotches Gas 20 Years of Service Robert Jaeger Gas John Coombs Gas Patricia Sullivan Offical Records and Legislative Services 25 Years of Service Joanne Hilbert Police 30 Years of Service Michael Salopek Public Utilities Review Approval: Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Clearwater Central Catholic H.S. Football Team - Coach John Davis SUMMARY: Review Approval: Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Presentation of check for volunteer hours - Felicia Leonard, Parks & Rec SUMMARY: Review Approval: Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Approve the minutes of the December 5, 2013 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 4 Council 2013-12-05 1 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER December 5, 2013 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, Nicole Sprague - Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. The meeting was called to order at 6:00 p.m. at City Hall. Call to Order - Mayor George N. Cretekos 2. Invocation - Pastor Justin Facenda from Calvary Baptist Church 3. Pledge of Allegiance – Councilmember Bill Jonson 4. Presentations – Given. 4.1 Dunedin Mayor Dave Eggers Mayor Eggers thanked the City for their support during a recent sinkhole crisis. Two families lost their homes. The City provided equipment needed to facilitate stabilizing surrounding properties. 4.2 Resolution of Appreciation to Mike Deegan, Clearwater Gas System Gas Program Coordinator - Bert Kalisch, President and CEO of the American Public Gas Association (APGA) Mike Deegan is Clearwater Gas System’s (CGS) Gas Pipefitter license holder in Pinellas, Pasco, and Hillsborough Counties. He holds a State of Florida Master Plumbing license, a Propane operator's license, and is one of the most experienced individuals in the country in Gas Building Codes and Standards. Draft Attachment number 1 \nPage 1 of 23 Item # 4 Council 2013-12-05 2 Mike has represented both the APGA and the American Gas Association (AGA) for a number of years on the National Fuel Code (NFPA) building codes board and the International Code Council (ICC) Fuel Gas Code Committee. Mike has served on both the APGA and Florida Natural Gas Association (FNGA) Codes and Standards Committees and has served as Chairman of both of these committees. Mike's extensive contribution to APGA in this regard was recently recognized by the APGA Board of Directors and Bert Kalisch wishes to recognize Mike's contribution by presenting a Resolution of Appreciation before the City Council. Bert also wishes to thank the City Council for the extensive participation and contributions that Clearwater Gas System; Chuck Warrington, CGS Managing Director, and a number of other CGS personnel have made to APGA over many years. Mr. Kalisch presented Mike Deegan with a Resolution of Appreciation and Chuck Warrington with the July 2013 Distinguished Service Award. 4.3 Greenwood Panthers Update - Joe Marshall Mr. Marshall presented members of the junior football team and thanked the City for their continued support. The football team was undefeated this season and placed second at the Regional Super Bowl Championship. Four of five cheerleading squads placed first at regionals. 4.4 Turkey Trot Presentation - Skip Rogers Mr. Rogers thanked the City and staff for their continued support and presented Councilmembers with commemorative mugs. 4.5 Super Boat Presentation - Brian Aungst and Frank Chivas Messrs. Aungst and Chivas thanked the City and staff for their support and participation and presented Council with commemorative books. 4.6 Annual Utilities We Care Fund Appeal - John Scott, Customer Service Mr. Scott encouraged all to donate to the We Care Fund, which is used to assist paying utility bills for people experiencing temporary financial difficulties. 4.7 Lifeguard Towers - Bill Fisher, President of Fisher and Associates Architects, LLC. (CMO) Draft Attachment number 1 \nPage 2 of 23 Item # 4 Council 2013-12-05 3 Mr. Fisher provided a PowerPoint presentation on the firm’s concept of integrating public art design with lifeguard towers on Clearwater Beach. 5. Approval of Minutes 5.1 Approve the minutes of the November 20, 2013 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the November 20, 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 Spencer Cook urged Council to pursue a new Morningside Recreation Center. Mark Bunker said it was the anniversary of Lisa McPherson’s death and expressed concerns regarding alleged practices of the Church of Scientology. Tom Peterson inquired if the Clearwater Marine Aquarium had reimbursed the City for the special referendum and if the City had received a copy of the feasibility study. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve second amendment to the Capitol Theatre Operating Agreement (CTOA) between the City of Clearwater (City) and Ruth Eckerd Hall, Inc. (REH); amending the Capitol Improvement Program by transferring $500,000 of Penny Funds from Fiscal Year 2014/15, Ruth Eckerd Hall, to the Capitol Theatre budget (CIP 315-93623); and authorize the appropriate officials to execute same. On September 20, 2012, the City entered into the CTOA with REH to renovate and operate the Capitol Theatre Facility located at 401, 403 and 409 Cleveland Street for a period of 30 years. The CTOA provided funding of the project in the amount not to exceed $7,112,209. On July 18, 2013, the City Council approved an increase of $500,000 to $7,612,209 based on the anticipated receipt of State funding via the Cultural Facilities Program Grant. In the City of Clearwater’s Capital Improvement Program, there is $500,000 in Fiscal Year 2014/15 CIP budget that was allocated as a contingency for the construction of the Capitol Theatre with the intention of using any remaining funds toward the educational center at Ruth Eckerd Hall. Draft Attachment number 1 \nPage 3 of 23 Item # 4 Council 2013-12-05 4 On October 21, 2013, the City received a letter from Mr. Josh Magidson, Chairman, and Mr. Zev Buffman, President/CEO of Ruth Eckerd Hall, Inc. requesting the use of this contingency for the construction of the Capitol Theatre. This $500,000 was dedicated through Penny for Pinellas, and requires a Public Hearing for this change. The public hearing notice was advertised on November 20, 2013. A first quarter budget amendment will transfer the remaining $500,000 budgeted for the Ruth Eckerd Hall Capitol Theatre contingency and the expansion of the learning center to project 315-93623, Capitol Theatre. The project is currently under construction, and is estimated to be completed by December 18, 2013. All other terms and conditions of the original agreement will remain in full force and effect. In response to a question, Parks and Recreation Administrative Support Manager Felicia Leonard said transferring the $500,000 Penny funds would eliminate funding for the Education Center in 2014 and 2015. REH Board of Directors is aware of the matter. Councilmember Jay Polglaze moved to approve second amendment to the Capitol Theatre Operating Agreement (CTOA) between the City of Clearwater (City) and Ruth Eckerd Hall, Inc. (REH); amending the Capitol Improvement Program by transferring $500,000 of Penny Funds from Fiscal Year 2014/15, Ruth Eckerd Hall, to the Capitol Theatre budget (CIP 315-93623); and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.2 Continue Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the City of Clearwater, providing for the allocation of 100 units from the Hotel Density Reserve to an undetermined date. (HDA2013- 08004) The applicant is requesting the continuance in order to prepare changes to the Conceptual Site Plan as directed by Council at its October 16, 2013 meeting. The applicant is not sure when their revised Conceptual Site Plan and Elevations will be ready and is not ready to commit to a date certain for their next Council hearing. Vice Mayor Paul Gibson moved to continue Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the City of Clearwater, providing for the allocation of 100 units from the Hotel Density Reserve to an undetermined date. The motion was duly seconded and carried unanimously. 8. Second Readings - Public Hearing Draft Attachment number 1 \nPage 4 of 23 Item # 4 Council 2013-12-05 5 8.1 Adopt Ordinance 8485-13 on second reading, annexing certain real property whose post office address is 1247 Union Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8485-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8485-13 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 8.2 Adopt Ordinance 8486-13 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 1247 Union Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8486-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8486-13 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 8.3 Adopt Ordinance 8487-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1247 Union Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8487-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8487-13 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 Draft Attachment number 1 \nPage 5 of 23 Item # 4 Council 2013-12-05 6 8.4 Adopt Ordinance 8488-13 on second reading, annexing certain real property whose post office address is 1501 Laurel Drive into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8488-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8488-13 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 8.5 Adopt Ordinance 8489-13 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 1501 Laurel Drive, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8489-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8489-13 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 8.6 Adopt Ordinance 8490-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1501 Laurel Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8490-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8490-13 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 Draft Attachment number 1 \nPage 6 of 23 Item # 4 Council 2013-12-05 7 8.7 Adopt Ordinance 8491-13 on second reading, annexing certain real property whose post office address is 1248 Sunset Point Road, together with the Right-of- Way of Chenango Avenue abutting the subject property, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8491-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8491-13 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 8.8 Adopt Ordinance 8492-13 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 1248 Sunset Point Road, together with the Right-of-Way of Chenango Avenue abutting the subject property, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8492-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8492-13 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 8.9 Adopt Ordinance 8493-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1248 Sunset Point Road, together with the Right-of-Way of Chenango Avenue abutting the subject property, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). Ordinance 8493-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8493-13 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. Draft Attachment number 1 \nPage 7 of 23 Item # 4 Council 2013-12-05 8 Polglaze "Nays": None 8.10 Adopt Ordinance 8494-13 on second reading, annexing certain real property whose post office address is 2854 Sunstream Lane into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8494-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8494-13 on second and final reading. The motion was duly seconded. Two individuals expressed concerns with timing of the proposed development and the impact construction would have on the community, with one expressing concerns with coyotes in the area. The City Manager said the developer has not filed any development plans with the City. A public hearing notice will be provided when the plans have been filed. 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 8.11 Adopt Ordinance 8495-13 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 2854 Sunstream Lane, upon annexation into the City of Clearwater, as Residential Low (RL) and Preservation (P). Ordinance 8495-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8495-13 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 Draft Attachment number 1 \nPage 8 of 23 Item # 4 Council 2013-12-05 9 8.12 Adopt Ordinance 8496-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2854 Sunstream Lane, upon annexation into the City of Clearwater, as Low Density Residential (LDR) and Preservation (P). Ordinance 8496-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8496-13 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 8.13 Adopt Ordinance 8498-13 on second reading, amending the Community Development Code providing for flexibility in the placement of accessory detached garages in attached dwelling developments of more than 100 units. Ordinance 8498-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8498-13 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 8.14 Adopt Ordinance 8499-13 on second reading, annexing certain real property whose post office address is 1962 Chenango Avenue into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8499-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8499-13 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 Draft Attachment number 1 \nPage 9 of 23 Item # 4 Council 2013-12-05 10 8.15 Adopt Ordinance 8500-13 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 1962 Chenango Avenue, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8500-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8500-13 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 8.16 Adopt Ordinance 8501-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1962 Chenango Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8501-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8501-13 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 8.17 Adopt Ordinance 8502-13 on second reading, annexing certain real property whose post office address is 1222 Palm Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8502-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8502-13 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 Draft Attachment number 1 \nPage 10 of 23 Item # 4 Council 2013-12-05 11 8.18 Adopt Ordinance 8503-13 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 1222 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8503-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8503-13 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 8.19 Adopt Ordinance 8504-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1222 Palm Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8504-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8504-13 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 8.20 Adopt Ordinance 8505-13 on second reading, annexing certain real property whose post office address is 1946 Chenango Avenue, together with the North 30 feet of vacated State Street abutting Lot 22 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8505-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8505-13 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 Draft Attachment number 1 \nPage 11 of 23 Item # 4 Council 2013-12-05 12 8.21 Adopt Ordinance 8506-13 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 1946 Chenango Avenue, together with the North 30 feet of vacated State Street abutting Lot 22, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8506-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8506-13 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 8.22 Adopt Ordinance 8507-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1946 Chenango Avenue, together with the North 30 feet of vacated State Street abutting Lot 22, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8507-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8507-13 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 8.23 Adopt Ordinance 8509-13 on second reading, amending Section 2.447, Clearwater Code of Ordinances, regarding the Firefighters Supplemental Pension Plan allocations. Ordinance 8509-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8509-13 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 Draft Attachment number 1 \nPage 12 of 23 Item # 4 Council 2013-12-05 13 "Nays": None 8.24 Adopt Ordinance 8525-13 on second reading, adopting a new City Seal. Ordinance 8525-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8525-13 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 8.25 Adopt Ordinance 8526-13 on second reading, amending Section 2.474(1), Clearwater Code of Ordinances regarding the Police Supplemental Pension Plan allocations. Ordinance 8526-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8526-13 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. Consent Agenda – Approved as submitted less Items 9.5 and 9.6 9.1 Approve the Amendment to the City of Clearwater Cafeteria Plan document to provide for the allowance of the carryover of up to $500 in health Flexible Spending Arrangement account funds in accordance with United States Department of Treasury and IRS guidelines issued on October 31, 2013 and authorize the appropriate officials to execute same. (consent) 9.2 Approve the renewal of the agreement as modified between the City and MHNet for employee and retiree Employee Assistance Program and Mental Health/Chemical Dependency benefits, from January 1, 2014 to December 31, 2014, and authorize the appropriate officials to execute same. (consent) 9.3 Approve the settlement agreement and release between Michael Faulkner and Draft Attachment number 1 \nPage 13 of 23 Item # 4 Council 2013-12-05 14 the City of Clearwater in the amount of $37,500.00 (consent) 9.4 Approve an amendment between American Healthways Services, Inc. (Healthways) and the City of Clearwater (City), allowing the City to be a provider of fitness services and benefits for eligible Medicare Members known as the SilverSneakers Program at the Henry L. McMullen Tennis Complex, 1000 Edenville Avenue, Clearwater, FL and authorize the appropriate officials to execute same. (consent) 9.5 Approve 2.1 Full Time Equivalent (FTE) beach lifeguard positions to provide additional coverage at Clearwater’s public beaches from March 1 to Labor Day and approve funding for these positions to come from parking revenue at first quarter. (consent) See below. 9.6 Ratify and confirm the City Managers approval of a Customs Power of Attorney (POA), authorizing Lisa Ragan Customs Brokerage to accept merchandise purchased by the City from Chongqing Arlau Civic Equipment Manufacturing Co., Ltd (Arlau), Chongqing, China; and approve the City Manager and/or his designee be allowed to sign off on any future customs POAs if they should arise in the future. (consent) See below. 9.7 Approve the grant agreement between the City of Clearwater and the State of Florida, Department of State, Division of Cultural Affairs (FDCA) for the Cultural Facilities Grant in the amount of $1,000,000 for the renovation of the Capitol Theatre, including the filing of a Restrictive Covenant on the Capitol Theatre property requiring that the facility be used as a cultural facility for ten years from the effective date of the grant agreement and authorize the appropriate officials to execute same. (consent) 9.8 Approve renewal of a License Agreement between the City of Clearwater, referred to as the Licensor, and the United States Coast Guard Auxiliary Flotilla 11-1, referred to as the Licensee, to utilize space located at 645 Pierce Street on an intermittent basis for the period January 1, 2014 through June 30, 2014, and authorize the appropriate officials to execute same. (consent) 9.9 Approve the conveyance of three Distribution Easements to be granted to Duke Energy for the installation of electrical facilities within three separate city construction projects, to be executed and recorded at such time as the as-built locations of such facilities are available; and authorize the appropriate officials to execute same. (consent) Draft Attachment number 1 \nPage 14 of 23 Item # 4 Council 2013-12-05 15 9.10 Approve selection of Ajax Building Corporation of Oldsmar, FL as the Construction Manager at Risk (CM at Risk) for the proposed Countryside Branch Library project (11-0059-LI). (consent) 9.11 Authorize additional funding in the amount of $160,000 for representation of the City by Smolker, Bartlett, Schlosser, Loeb and Hinds in the matter of Bair v. City of Clearwater. (consent) Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as submitted, less Item 9.5 and 9.6, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9.5 Approve 2.1 Full Time Equivalent (FTE) beach lifeguard positions to provide additional coverage at Clearwater’s public beaches from March 1 to Labor Day and approve funding for these positions to come from parking revenue at first quarter. (consent) In Fiscal Year 2009/10 due in part to the economic downturn in the economy and reduction of tax funding, the Beach Guard Program was reduced by approximately 33% from 14.5 FTEs ($684,030) to 9.9 FTEs ($458,300). Over the past four years there has been no increase in staffing levels and only a modest 1.6% increase in operating budgets; attributed to salary and benefit increases to its current budget for Fiscal Year 2013/14 of $487,730. Tourism to Clearwater and Clearwater Beach has increased significantly during this time. Clearwater Beach has won numerous awards and designations and recently named Best Beach by USA Today. The continued success of Clearwater’s investment in projects like Beach Walk, Pier 60 renovations and Marina District improvements only add to the popularity and volume of people visiting Clearwater Beach. With this influx of people, especially during the peak times of between March 1 and Labor Day, staff is recommending that the Beach Guard Team be increased by 2.1 FTEs in order to expand the hours of operations to cover the beach from 9:30 am to 6:30 pm. Currently the guards are off the beach at 4:30 pm, which leaves the public beaches unattended even while there are still a lot of beach goers and activities going on at the beach. Extending beach guarding by two hours per day will give residents and visitors to the beach added security and a sense of safety that is not now being provided. The current beach guard program is funded through the Parking Fund. Draft Attachment number 1 \nPage 15 of 23 Item # 4 Council 2013-12-05 16 Staff is recommending that these new positions be funded with parking funds as well. For the remainder of this year, the budget impact will be approximately $52,670; the annual budget impact will be approximately $79,000. In response to questions, Parks and Recreation Director Kevin Dunbar said the cost savings to start at 10:00 am would be approximately $4,000 less. Staff begins their workday at 9:00 am for training and report to their post at 9:30 am. The beach is full of activity by 11:30 am. Mr. Dunbar said Pinellas County provides lifeguards at three locations during Spring Break and Summer. Councilmember Doreen Hock-DiPolito moved to approve 2.1 Full Time Equivalent (FTE) beach lifeguard positions to provide additional coverage at Clearwater’s public beaches from March 1 to Labor Day and approve funding for these positions to come from parking revenue at first quarter. The motion was duly seconded and carried unanimously. 9.6 Ratify and confirm the City Managers approval of a Customs Power of Attorney (POA), authorizing Lisa Ragan Customs Brokerage to accept merchandise purchased by the City from Chongqing Arlau Civic Equipment Manufacturing Co., Ltd (Arlau), Chongqing, China; and approve the City Manager and/or his designee be allowed to sign off on any future customs POAs if they should arise in the future. (consent) On August 27, 2013, the Parks and Recreation Department issued Purchase Order BR509161 to Arlau, for stainless steel 316 grade backless benches and stainless steel removable bollards to be used on Beachwalk. Unknown to staff, a POA was needed by the customs broker to receive the goods when they come to port in Jamaica, New York, estimated date of arrival December 5, 2013.Without the POA, the goods could not enter the United States and there would be additional fines, penalties and storage charges on the goods. Therefore, the City Manager approved signing the POA on behalf of the City so that the goods could be received without these additional costs and additional problems with customs. This is a standard issue in the shipping industry. By giving the City Manager or his designee the ability to sign off on these standard POA forms, the City will be better prepared to meet future needs if they should arise. Mayor George Cretekos requested future ratify and confirm items not be placed on the Consent Agenda. Draft Attachment number 1 \nPage 16 of 23 Item # 4 Council 2013-12-05 17 Councilmember Jay Polglaze moved to ratify and confirm the City Managers approval of a Customs Power of Attorney (POA), authorizing Lisa Ragan Customs Brokerage to accept merchandise purchased by the City from Chongqing Arlau Civic Equipment Manufacturing Co., Ltd (Arlau), Chongqing, China; and approve the City Manager and/or his designee be allowed to sign off on any future customs POAs if they should arise in the future. The motion was duly seconded and carried unanimously. City Manager Reports 10. Other Items on City Manager Reports 10.1 Amend the Clearwater Code of Ordinances, Chapter 29, Article III, Public Service Tax, Section 29.76, Exemptions, for the purpose of providing incentives for businesses to relocate to, or expand within the City, providing for an exemption of Public Service Taxes on a decreasing graduated basis for a period of five years, for the purchase of electricity or metered natural gas, when purchased by certain industrial customers within the NAICS code number 33441 in accordance with Florida Statute 166.231(6) and pass Ordinance 8508-13 on first reading. In accordance with Florida Statute 166.231(6), this Ordinance provides authority to the City of Clearwater to provide an exemption of the city-portion of the Public Service Utility Tax for a period of five years beginning on March 1, 2015 and expiring on February 28, 2020, for the purchase of electricity or metered natural gas in the following manner: Metered Natural Gas Year 1 100% Year 2 80% Year 3 60% Year 4 40% Year 5 20% Electricity Year 1 50% Draft Attachment number 1 \nPage 17 of 23 Item # 4 Council 2013-12-05 18 Year 2 40% Year 3 30% Year 4 20% Year 5 10% Program Goals The Public Service Tax Exemption Program is intended to support economic growth within the City of Clearwater by providing incentives for businesses to relocate to, or expand within the City, encourage capital investment and job creation, and promote and strengthen the local economy as identified in the City's approved Economic Development Strategic Plan. This program will position Clearwater as an attractive business location not only in the Tampa Bay region, but also throughout the State of Florida and beyond. Exemption Certificate Upon approval of this Ordinance, staff will send the Exemption Certificate to all eligible industrial businesses within the City of Clearwater identified as NAICS code number 33441, including those with subcategories 334412, 334413, 334416, 334417, 334418, and 334419. The business will certify they are exempt and send the Certificate to the vendor with a copy to the City of Clearwater Finance Department. Limitations Pursuant to the terms of the exemption, use of metered natural gas or electricity purchased for any nonexempt purpose will be subject to all applicable taxes. Vice Mayor Paul Gibson moved to amend the Clearwater Code of Ordinances, Chapter 29, Article III, Public Service Tax, Section 29.76, Exemptions, for the purpose of providing incentives for businesses to relocate to, or expand within the City, providing for an exemption of Public Service Taxes on a decreasing graduated basis for a period of five years, for the purchase of electricity or metered natural gas, when purchased by certain industrial customers within the NAICS code number 33441 in accordance with Florida Statute 166.231(6). The motion was duly seconded and carried unanimously. Ordinance 8503-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8503-13 on first reading. The motion was duly seconded and upon roll call, the vote was: Draft Attachment number 1 \nPage 18 of 23 Item # 4 Council 2013-12-05 19 "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 10.2 Approve an economic development ad valorem tax exemption of 75% of the increase in real and tangible personal property taxes for a period of 10 years for Instrument Transformers, Inc. beginning in Tax Year 2014 through Tax Year 2023; and pass Ordinance 8524-13 on first reading Instrument Transformers, Inc. (ITI), a subsidiary of General Electric Company (GE), has been in Clearwater for 38 years. The company is currently located at 1907 Calumet St in Clearwater (also known as 1925 Calumet Street, Clearwater) and is 190,700 SF on 17.44 acres and employs 436. The company proposes an expansion of the facility to create a manufacturing Center of Excellence for GE. They are creating 263 new jobs (143 of these new jobs will, on average, pay at least $41,810, which is 100% of the Pinellas County Average Annual Wage as published by Enterprise Florida, Inc. on January 1, 2013). Company is proposing +/- 208,000 SF new construction and $49,000,000 in capital investment that includes $20.6 M in Machinery and Equipment, $26.7 M in Construction, and $1.7 M in land acquisition (which will be annexed into the City at a future date). The site plan was approved by the Community Development Board on October 15, 2013. Authorization to Negotiate On August 14, 2013, City Council approved Resolution 13-21 providing authorization for the Economic Development Director to negotiate possible incentives including tax refunds and exemptions, and cash and non-cash incentives as an inducement to expand Project Banner’s operations in the City of Clearwater. (Project Banner is the alias name given to the project in accordance with FS s.288.075 regarding request for confidentiality.) The resolution required that such 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 using Total Impact modeling by Impact Data Source. The resolution also states the maximum cash and value of non-cash incentives Draft Attachment number 1 \nPage 19 of 23 Item # 4 Council 2013-12-05 20 is not to exceed the value of the road improvements, fees, concessions, rebates, exemptions, waivers refunds and reductions. Further, any agreement reached under this resolution must be brought back before the City Council for final consideration. An Opinion Letter was transmitted to the company on September 6, 2013, and offered the following incentives: The Qualified Target Industry (QTI) Local Match (approved by Resolution 13-18 on August 14, 2013), cash and non-cash value of the certain proposed incentives, ED AVTE, and public service utility tax exemption (as proposed in Ordinance 8504-13). The offer was accepted as presented. On November 1, 2013, Economic Development and Housing received a complete and eligible Economic Development Ad Valorem Tax Exemption (ED AVTE) application and attachment form DR-418 from Instrument Transformers, Inc. requesting exemption of 75% for a period of 10 years. In accordance with Chapter 29, Article VII of the City’s Code of Ordinances, applicants may request an exemption on the increase in real and tangible personal property taxes (excluding land) which result from the company’s expansion of its Clearwater facility. Per the City’s process, the application attachment (DR-418) was submitted to the Pinellas County Property Appraiser’s office for review. Staff received the completed Appraiser’s report on November 8, which included the following: • The company meets the definition of Expanding of an Existing Business as defined by FS 196.012(16) • Estimate of taxable value lost to the City if the exemption is applied for is granted: o Real Property $21,360,000 o Tangible Personal Property $16,480,000 • Estimate of the revenue lost to the City during the current fiscal year if the exemption requested would otherwise be subject to taxation: o Revenue lost $195,065 [Calculation: ($21,360,000 + $16,480,000) x $.0051550 = $195,065] Ordinance 8524-13 Overview This Ordinance provides ED AVTE of 75% for 10 years for Tax Year 2014 through Tax Year 2023. Staff recommends this maximum ED AVTE based on the following: 1) The project exceeds minimum thresholds: o Job creation threshold minimum for Manufacturing is 10 jobs o The project will create 263 new jobs Draft Attachment number 1 \nPage 20 of 23 Item # 4 Council 2013-12-05 21 o Pinellas County Average Annual Wage threshold is $41,810 (for applications received in 2013) o 143 new jobs will meet the requirement o Minimum Capital Investment required is $100,000 o The project budget is +/-$49,000,000 o 50% of goods sold outside Tampa/St. Pete/Clearwater MSA o 99.75% of locally produced goods are sold outside the MSA 2) Additionally, the company is committed to: o Producing an innovative line of products o Local procurement and will strive to incorporate as many qualified local and small business firms as appropriate o Local hiring and will work with WorkNet Pinellas and local staffing agencies o Environmental sustainability and has been recipient of GE’s eCO2 award for exemplary progress toward meeting Corporate environmental goals. 3) An impact analysis of the company’s project proposal shows a significant net positive contribution to the local economy: Economic Impact: o Permanent ITI jobs to be created: 263 jobs o Additional indirect and induced jobs (spin off): 185 jobs o Salaries to be paid to ITI workers: $98.8M o Total economic impact (Pinellas County over 10 years) $229.4M Fiscal Impact (over 10 yrs): o Present Value of Net Benefits to City: $1,542,096 Incentives Analysis (Based on Cash and Non-Cash Incentives): o Rate of Return: 41.9% ROR o Payback Period: 2.1 years Business Maintenance and Continued Performance Agreement Overview All businesses approved for ED AVTE must execute a Business Maintenance and Continued Performance Agreement, which establishes the in effect during the term of the Exemption (10 yrs). Draft Attachment number 1 \nPage 21 of 23 Item # 4 Council 2013-12-05 22 Performance measures including job creation, wage verification and evidence of capital investment including purchases of machinery and equipment and construction of the expanded facility are elements of the agreement. The Company is also required to submit an annual report for staff verification of maintenance and performance requirements and includes conditions for Council revocation should the Company fail to meet the obligations of the agreement. Councilmember Jay Polglaze moved to approve an economic development ad valorem tax exemption of 75% of the increase in real and tangible personal property taxes for a period of 10 years for Instrument Transformers, Inc. beginning in Tax Year 2014 through Tax Year 2023. The motion was duly seconded and carried unanimously. Ordinance 8524-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8524-13 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 Miscellaneous Reports and Items 11. City Manager Verbal Reports - None. 12. Other Council Action 12.1 Council discussion of City Manager and City Attorney salary increases. Human Resources Director provided a salary analysis for the City Manager and City Attorney based on jurisdiction and population. Discussion ensued regarding increases provided to each employee group since 2007 through 2012 with concerns expressed that both positions are under the professional competitive salary range. It was suggested that the City Manager and City Attorney be given a 4% salary increase. A concern was expressed regarding approving a salary increase that is higher than one provided earlier to the general employees. In response to a question, Mr. Roseto said an equity adjustment for SAMP 4-6 employees has not been done; an equity adjustment was provided for SAMP 1-3 employees. Draft Attachment number 1 \nPage 22 of 23 Item # 4 Council 2013-12-05 23 Vice Mayor Paul Gibson moved to approve a 3.5% salary increase for the City Manager and City Attorney. The motion was duly seconded. Vice Mayor Paul Gibson and Councilmember Doreen Hock-DiPolito, Bill Jonson and Jay Polglaze voted “Aye”; Mayor George Cretekos voted “Nay”. Motion carried. Councilmember Bill Jonson moved to approve the effective date for the salary increase to be the first day of the next pay period. 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 8:21 p.m. Mayor City of Clearwater Attest City Clerk Draft Attachment number 1 \nPage 23 of 23 Item # 4 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Approve the City of Clearwater’s Fiscal Year 2012-2013 Consolidated Annual Performance and Evaluation Report (CAPER). SUMMARY: The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report, documenting the City’s expenditures for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs to the U.S. Department of Housing and Urban Development (HUD). For Fiscal Year 2012-2013, the City’s budget was $719,995 in CDBG and $301,560 in HOME Program funds for a total budget of $1,021,555. The CAPER document serves as the basis for program monitoring for compliance and for financial audits for all activities conducted during Fiscal Year 2012-2013 as outlined in the Consolidated Plan. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee’s ability to carry out relevant Community Planning and Development programs in compliance with all applicable rules and regulations. It also provides information necessary for HUD’s Annual Report to Congress and it provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. In addition to reporting on our activities with federal money, we also included a summary of activities conducted with the Florida State Housing Initiatives Partnership (SHIP) Program, Community Development Block Grant – Recovery Program, Pinellas County Housing Trust Fund Program and Neighborhood Stabilization Program 3 in the narrative section; however, these numbers are not included in the totals below. Through the CDBG and HOME program activities, we expended a total of $1,842,416 in Fiscal Year 2012- 2013, which included funding from the prior year reprogrammed fund budget of $2,580,932. Those funds not expended from this year’s budget will be reprogrammed in future budgets. The City of Clearwater’s Fiscal Year 2012-2013 CAPER contains information on the City’s assessment of the following activities: - Assessment of Three to Five Year Goals and Objectives - Affordable Housing - Continuum of Care - Leveraging Resources - Affirmatively Furthering Fair Housing - Citizens Comments Cover Memo Item # 5 - Self-Evaluation Over 11,519 persons were assisted through Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair Housing, and Economic Development projects and programs. A brief summary of Fiscal Year 2012-2013 accomplishments are: - Closed on seven owner-occupied rehabilitation loans totaling $194,753. - Closed on eighteen down payment assistance loans totaling $488,100. - Closed two loans with Largo Area Housing Development Organization on December 11, 2012 in the amount of $118,601 and $111,339 to build two new single-family homes. The construction of the homes was completed in this reporting period. - Provided a rehabilitation loan on July 27, 2012 to Prospect Towers, Inc. in the amount of $800,000 to renovate 208 units of senior housing. Phase 1 was completed in this reporting period. - Provided a rehabilitation loan on October 26, 2012 to Pinellas County Housing Authority – Norton Apartments in the amount of $304,446 to renovate 48 units of rental housing. Phase 1 of the renovations was completed in this reporting period. - Provided a property acquisition loan in the amount of $52,697 to Habitat for Humanity Community Housing Development Organization, Inc. to purchase three lots for housing development on October 22, 2012. On January 18, 2013, the City provided $97,500 to the CHDO to build one of the three homes. Another $97,500 was provided on June 10, 2013 to build another housing unit in the Stevens Creek Subdivision. - Provided a development loan in the amount of $327,500 from NSP3 to Habitat for Humanity of Pinellas County, Inc. for the vertical construction of twenty-three single-family homes on a revolving basis on January 18, 2013. Another $97,500 was provided on June 10, 2013 to build one housing unit. To this date, a total of 25 homes have been built in the Stevens Creek Subdivision with 9 homes completed this reporting period. - Provided a development loan in the amount of $475,770 to SP Country Club Homes, Inc. from NSP3 to build four townhome units on November 9, 2013. Construction has been completed on all units and 3 of the units have been sold. - Provided a development loan commitment to Boley Centers, Inc. – Sunset Point Apartments, Inc. in the amount of $346,451 from NSP3 to build 14 rental-housing units on June 13, 2013. The development project is underway. - Provided $56,825 for the development of an athletic field in North Greenwood. The City’s Neighborhood and Affordable Housing Advisory Board is scheduled to approve the Fiscal Year 2012-2013 CAPER at their meeting on December 10, 2013. The CAPER is due to HUD no later than December 30, 2013. Review Approval: Cover Memo Item # 5 FY2012-2013 Consolidated Annual Performance & Evaluation Report (CAPER) Community Development Block Grant And HOME Investment Partnership Programs Budget and Expenditure Summary Prior Year plus Number Reprogrammed Remaining Person's Activity BudgetFundsExpendituresBalance Assisted Demolition -$ 36,788$ 8,809$ 27,979$ 3 Relocation -$ -$ Acquisition -$ -$ CDBG Program Administration*143,999$ -$ 143,999$ -$ CDBG-PD-ED 10,000$ 4,040$ 5,960$ CDBG-PD-Rehab 140,000$ 76,527$ 63,473$ CDBG-PD-Infill 25,000$ 13,415$ 11,585$ Public Services 101,049$ 2,400$ 103,224$ 225$ 2,349 Fair Housing - CDBG 26,750$ 26,650$ 100$ 253 Public Facilities & Improvements273,197$ 663,621$ 229,192$ 707,626$ 8,844 CDBG Program Housing (Housing Pool)244,207$ 98,104$ 146,103$ 4 CDBG Economic Development-$ 35,000$ -$ 35,000$ HOME Program Administration*30,156$ 14,606$ 44,762$ 0$ HOME Program Housing (Housing Pool)226,170$ 995,949$ 711,469$ 510,650$ 16 HOME Acquisition, Transitional Housing-$ -$ -$ Community Housing Development Org. (CHDO)45,234$ 359,527$ 153,391$ 251,370$ 2 Rental Housing Development-HOME-$ 228,834$ 228,834$ -$ 48 TOTAL**1,021,555$ 2,580,932$ 1,842,416$ 1,760,071$ 11,519 12/3/2013 3:42 PM Attachment number 1 \nPage 1 of 1 Item # 5 Second Program Year CAPER Second The City of Clearwater, Florida FY 20 Consolidated Annual Performance and Evaluation Report includes Narrative Responses to CAPER questions that grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. The grantee must submit an updated Financial Summary Report (PR26). 1. EXECUTIVE SUMMARY The overall purpose of the community planning and development programs as stated in Section 91 of the Housing and Community Development Act, as amended, with programs funded through the Community Development Block Grant Program and th HOME Investment Partnership Program is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low to moderate toward this end is to extend and strengthen partnerships among all levels of government and the private sector, including for profit and non in the production and operation of affordable housing. The main purpose of these programs is to provide decen includes assisting homeless individuals and families, retaining the existing housing stock by rehabilitating existing housing units and increasing the availability of permanent affordable housing by building new affordable rental units and providing down payment assistance. The second purpose includes increasing public services and public facilities to improve the safety and livability of neighborhoods as a suitable living environment. The third purpose is to exp economic opportunities to low to moderate retaining jobs or creating and/or expanding businesses in low to moderate neighborhoods. The Consolidated Annual Performance and Evaluation Report (CAPER) is the princi administrative report to document how effective the City has been in expending CDBG and HOME funds to meet the objectives listed above. It serves as the basis for program monitoring for compliance and for financial audits. It provides HUD with necessary information for the Department to meet its requirement to assess each grantee’s ability to carry out relevant Community Planning Development (CPD) programs in compliance with all applicable rules and regulations. It provides information necessary for HUD grantees an opportunity to describe to citizens their successes in revitalization deteriorated neighborhoods and meeting objectives stipulated in our Consolidated Plan. The City’s FY 2012-13 CAPER con activities as they relate to the five fair housing, affordable housing, continuum of care, leveraging resources, citizen participation, and self-evaluation. Second Program Year CAPER 1 Second Program Year CAPER The City of Clearwater, Florida FY 2012-13 CPMP Second Consolidated Annual Performance and Evaluation Report includes Narrative Responses to CAPER questions that CDBG, HOME, NSP3, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. The grantee must submit an updated Financial Summary Report (PR26). 1. EXECUTIVE SUMMARY The overall purpose of the community planning and development programs as stated in Section 91 of the Housing and Community Development Act, as amended, with programs funded through the Community Development Block Grant Program and th HOME Investment Partnership Program is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low to moderate-income persons. The primary means s to extend and strengthen partnerships among all levels of government and the private sector, including for profit and non-profit organizations, in the production and operation of affordable housing. The main purpose of these programs is to provide decent housing. Decent housing includes assisting homeless individuals and families, retaining the existing housing tock by rehabilitating existing housing units and increasing the availability of permanent affordable housing by building new affordable rental and owner nits and providing down payment assistance. The second purpose includes increasing public services and public facilities to improve the safety and livability of neighborhoods as a suitable living environment. The third purpose is to exp economic opportunities to low to moderate-income individuals by creating or retaining jobs or creating and/or expanding businesses in low to moderate The Consolidated Annual Performance and Evaluation Report (CAPER) is the princi administrative report to document how effective the City has been in expending CDBG and HOME funds to meet the objectives listed above. It serves as the basis for program monitoring for compliance and for financial audits. It provides HUD with y information for the Department to meet its requirement to assess each grantee’s ability to carry out relevant Community Planning Development (CPD) programs in compliance with all applicable rules and regulations. It provides information necessary for HUD’s Annual Report to the U. S. Congress and provides grantees an opportunity to describe to citizens their successes in revitalization deteriorated neighborhoods and meeting objectives stipulated in our Consolidated CAPER contains information on the City’s assessment of activities as they relate to the five-year goals and objectives, affirmatively furthering fair housing, affordable housing, continuum of care, leveraging resources, citizen evaluation. Program Year CAPER Second Consolidated Annual Performance and Evaluation Report includes HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated The overall purpose of the community planning and development programs as stated in Section 91 of the Housing and Community Development Act, as amended, with programs funded through the Community Development Block Grant Program and the HOME Investment Partnership Program is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic income persons. The primary means s to extend and strengthen partnerships among all levels of profit organizations, t housing. Decent housing includes assisting homeless individuals and families, retaining the existing housing tock by rehabilitating existing housing units and increasing the availability of and owner-occupied nits and providing down payment assistance. The second purpose includes increasing public services and public facilities to improve the safety and livability of neighborhoods as a suitable living environment. The third purpose is to expand income individuals by creating or retaining jobs or creating and/or expanding businesses in low to moderate-income The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report to document how effective the City has been in expending CDBG and HOME funds to meet the objectives listed above. It serves as the basis for program monitoring for compliance and for financial audits. It provides HUD with y information for the Department to meet its requirement to assess each grantee’s ability to carry out relevant Community Planning Development (CPD) programs in compliance with all applicable rules and regulations. It provides ’s Annual Report to the U. S. Congress and provides grantees an opportunity to describe to citizens their successes in revitalization of deteriorated neighborhoods and meeting objectives stipulated in our Consolidated tains information on the City’s assessment of year goals and objectives, affirmatively furthering fair housing, affordable housing, continuum of care, leveraging resources, citizen Attachment number 2 \nPage 1 of 62 Item # 5 Second Program Year CAPER 2 Please note that this CAPER is included under the goals and objectives identified in the FY 2011-2016 Five-Year Consolidated Planning Period. 2. ASSESSMENT OF THE ONE YEAR GOALS AND OBJECTIVES In June 2011, the City of Clearwater approved the FY 2011-2016 Consolidated Plan for funding from the Community Development Block Grant Program (CDBG), HOME Investment Partnership Program (HOME), and State Housing Initiatives Partnership Program (SHIP). In September 2011, the City’s Consolidated Plan was approved by the United States Department of Housing and Urban Development (HUD). The Five- Year Consolidated Plan includes two key activities; provide decent, safe, and affordable housing and increase public services and facilities to improve the safety of the neighborhoods. The City's mission is to assist residents in achieving self-sufficiency through decent housing, a suitable living environment and the expansion of economic opportunities. The goals for community development include promoting community self investment in low/moderate-income areas, providing facilities/services to address critical social services needs, providing facilities/services for seniors, children and persons with special needs, and expanding economic opportunities. The goals for housing and the homeless include revitalizing older housing and demolishing unsafe structures, producing high-quality affordable housing, providing housing assistance, and providing services/housing for the homeless. The City of Clearwater focuses on three (3) basic areas for assisting in the provision of decent, safe and affordable housing. The focus consists of: 1. Homeowner rehabilitation - which include emergency repairs and disabled retrofitting 2. Down payment and closing cost assistance for homebuyers 3. Acquisition/rehabilitation/new construction To preserve the existing housing stock, the five-year goal is to rehabilitate 75 units owned by low-income households. The City will preserve the housing stock by funding the acquisition and rehabilitation of 50 existing units for new low-income owner households over the five-year period. To encourage new homebuyers, the five-year goal is to provide direct down payment/closing cost assistance to 100 low and moderate-income homebuyers. The City has proposed to construct 80 new affordable, for sale, infill housing units to support the City's ongoing revitalization/redevelopment efforts. To encourage participation in the City's homebuyer’s activities, the five-year goal is to provide credit counseling and homeownership training assistance to 80 prospective low-income homebuyers. During FY 2012-13 funding year, the City implemented its Housing Pool primarily with SHIP and HOME monies and used the funds for down payment and closing cost assistance, lot acquisition, rehabilitation and new construction. For larger developments, a non-profit and/or for-profit organization may be allocated funds in a Attachment number 2 \nPage 2 of 62 Item # 5 Second Program Year CAPER 3 line of credit format. This allows for the development of small infill projects, as well as the acquisition of several single existing units for rehabilitation and resale. Clearwater’s Economic Development and Housing Department - Housing Division oversees the activities of its subrecipient participants and administers the City’s rehabilitation program using CDBG, HOME and SHIP funds. The Housing Pool participants submit a client case for approval for down payment and/or closing cost assistance. Once approved, the City encumbers those funds. Upon home closing, the Housing Pool participant will request reimbursement of the funds they expended and their loan processing fee(s). The loan processing fee(s) are not funded until we review the client file and have determined that all necessary documentation has been obtained to verify household income and assets and to substantiate any rehabilitation that may have been done on the home that was purchased. The Housing Pool continues to be one of the most effective ways for our housing partners to access funding for income-eligible clients. The City has identified five general strategies to provide affordable housing over the Consolidated Plan period. They are to provide decent, adequate and affordable housing in safe and desirable environments for: a) renters, b) homeowners, c) homebuyers, d) homeless and e) non-homeless with special needs. a. Rental Strategy The strategy for rental activities includes maintaining the existing rental housing stock through rehabilitation, new construction, conversion, and providing additional funding for acquisition/rehabilitation to very-low income households to ensure that housing costs, including utilities, does not exceed 30% of their gross monthly income. The priorities listed in the current five-year strategy calls for providing decent, adequate and affordable housing in a safe and desirable community for renters. To fulfill this strategy, the City facilitated meetings with developers and discussed potential funding for renovations of existing rental properties and/or new construction projects. Three projects were either funded or under renovations during the last reporting period. They included Sunset Point Road Apartments – Boley Center, Norton Apartments – Pinellas County Housing Authority and Prospect Towers, Incorporated. 1) Boley Centers, INC. – Sunset Point Apartments Development Project In September 2011, the City of Clearwater placed a Notice of Funding Availability for development of rental housing projects funded through the Neighborhood Stabilization Program 3. Boley Centers, Inc. submitted an application on September 26, 2011 for the Sunset Point Apartments Acquisition/Development Project and Catholic Charities submitted an application for the San Remo Apartments Acquisition/Renovation Project. After careful deliberation, Boley Centers, Inc. was awarded $180,000 on November 3, 2011. On March 27, 2012, Boley Centers, Inc. submitted a request for an additional $166,451 for additional construction costs and impact fees associated with the project. The total requested for the project was $346,451 in Neighborhood Stabilization Program 3 funds. Attachment number 2 \nPage 3 of 62 Item # 5 Second Program Year CAPER 4 The Sunset Point Apartments is a proposed fourteen-unit development that will be financed largely with a Section 811 Capital Advance Grant from the U. S. Department of Housing and Urban Development. The HUD 811 grant will pay for a large portion of the construction of the development. Additionally, the HUD 811 comes with a Project Rental Assistance Contract which provides a project based rental subsidy. Boley Centers, Inc.’s proposal was for the cost of the land at $175,000 and closing costs estimated at $5,000. Boley Centers, Inc. estimated that the HUD 811 award would be for $1,787,263. Boley Centers, Inc. would provide an additional $10,000 as the initial capital advance. The total project cost is estimated at $1,975,687. Boley Centers, Inc. acquired the vacant land with a bridge loan from the Bessie Boley Foundation. The bridge loan allowed Boley Centers, Inc. the ability to acquire property in advance of the HUD application process, but must be repaid in order to allow the foundation to continue providing such advances. The project, located at 1401 and 1443 Sunset Point Road, consists of one eight-unit building and one six-unit building with a two story design. All units are one bedroom for individuals who are very low-income and are diagnosed with a mental illness. Each one-bedroom unit is approximately 540 square feet with all common areas handicap accessible. Two of the units were designed for accessibility and adaptability for various types of disabilities, including wheelchair usage. An additional unit was designed for an individual with a sight and/or hearing impairment. The units have been designed to implement Green initiatives. The housing provided through this project is intended solely for adults with a chronic and persistent mental illness who have very low-income (most will have less than 35% AMI). All of the units will be provided to individuals whose income is 50% of AMI or below. Their primary diagnoses are schizophrenia or major mood disorder. Most have a long history of psychiatric hospitalization. Many also have had substance abuse problems. The development of permanent, independent housing units provides opportunities for clients who desire and need restrictive housing options than they would have in group homes or supervised apartments. Boley Centers, Inc. is the leading provider of residential services in Pinellas County for adults with a severe and persistent mental illness and the only provider for the non-elderly. Boley Centers, Inc. currently has 275 supported housing beds with 23 under development. There are currently 557 individuals on Boley Centers, Inc’s waiting list for HUD 811 housing. There are 317 people on the Boley Centers, Inc’s tenant based rental housing vouchers waiting list. The project construction began in this reporting period and is to be completed in the next reporting period. 2) Pinellas County Housing Authority – Norton Apartments On September 14, 2012, Pinellas County Housing Authority, Inc. (PCHA) submitted an application for funding to renovate Norton Apartments. The requested funds of $304,466 were used for roofing, flooring, kitchen & bathroom cabinets with counter replacements, and energy efficient fixtures to include hot water heaters, new lighting, and ceiling fans as all of these items have reached or are beyond their Attachment number 2 \nPage 4 of 62 Item # 5 Second Program Year CAPER 5 useful life. These improvements will benefit the residents whose income is at or below 50% of AMI, both in energy efficiency and improved living standards. Norton Apartments is a HUD-subsidized, project-based Section 8 property located at 1450 South Martin Luther King, Jr. Avenue. The property consists of 48 units serving residents at or below 50% AMI (currently 87% of the residents are extremely low- income at or below 30% AMI). PCHA acquired the property on March 15, 2011. The previous property owner filed bankruptcy and during their ownership, HUD had threatened termination of the Housing Assistance Payments contract on the property due to three failed REAC inspections. PCHA has secured a 20-year Housing Assistance Payments contract to ensure the units remain HUD-subsidized. PCHA has infused over $3.4 million into the acquisition and rehab of Norton Apartments. Further improvements are needed to finish the needed rehab. PCHA has the capacity and resources to see this project to completion. Construction commenced on October 1, 2012 and Phase 1 was completed. The agency also requested additional funds to complete other renovations. The City provided another $130,000 for those renovations that are now underway. 3) Prospect Towers of Clearwater, Inc. On April 4, 2012, Prospect Towers of Clearwater, Inc. submitted an application to the City in the amount of $800,000 to renovate Prospect Towers located at 801 Chestnut Street. The renovations included replacing the water tanks, air handlers, pipe insulation, modernize the elevators, and other eligible improvements. Prospect Towers is a 208-unit apartment building that is comprised of 96 efficiency units and 112 one-bedroom units. The property includes a seventeen-story building and parking lot. The features include utilities (Electric, Gas, Water and Sewer) in the rent, 24/7 on-site Desk Clerks, Emergency Call Buttons, Community Library, and an on-site Wellness Center. Prospect Towers was originally funded through HUD’s Section 231 Mortgage Insurance Rental Housing for the Elderly Program, which required the project to remain an affordable housing development. The Section 231 Program was designed to increase the supply of rental housing specifically for the use and occupancy of elderly persons and/or persons with disabilities. Prospect Towers’ residents must be at least 62 years of age or have a disability and the capability to care for the No. of Buildings: 6 residential plus 1 community space Unit mix: Bedroom Size No. of Units of This Type One or Two Story No. of Baths Sq Ft Rents* 1 8 1 1 556 $725 2 15 1 1 784 $899 3 16 2 1 1/2 1,065 $984 4 6 2 2 1,284 $1,120 ADA 3 1 1 784 $899 *Rents are subject to HUD-approved annual renewal amounts Attachment number 2 \nPage 5 of 62 Item # 5 Second Program Year CAPER 6 apartment in which they reside. Prospect Towers repaid the loan to HUD, which no longer obligates Prospect Towers to remain affordable. By approving a 30-year loan with a five-year defined repayment at $6,000 payable for year one and $12,000 payable for years two through five and an amortized 25- year loan on the remaining balance at one percent interest rate per annum, the City will ensure that the housing units remain affordable over the next thirty years. The City required Prospect Towers to enter into a land use restrictive agreement for a 30- year affordability period on the HOME-assisted units (total of 20 units). As with the original obligation, Prospect Towers has indicated their intent is to keep not only the HOME-assisted units affordable, but all units affordable. The Articles of Incorporation state in Article Third the purposes of the corporation including "to provide for elderly families and elderly persons on a non-profit below cost basis rental housing....". Similar language is found in the Bylaws, Article II, Section 1(a). The City of Clearwater will base affordability upon rents being at or below the Fair Market Rent level, as adjusted annually by HUD and will monitor the loan on a yearly basis. The Prospect Towers Board of Directors unanimously approved the term sheet at their meeting on May 22, 2012. The water tanks, air handlers, and piping installation have been completed. The elevator work is to be completed during the next reporting period. b. Homeowner Strategy The strategies for homeownership activities are listed as follows: 1. Increase homeownership within the City of Clearwater; 2. Bring housing up to standard (and modernize when possible); 3. Remove architectural barriers; 4. Demolish units that prove economically unfeasible to rehabilitate and provide relocation benefits; 5. Ensure housing costs are in the general range of 30% of household income, and; 6. Promote energy efficiency and prevent loss of homes. Sixty-seven percent of the housing units in Clearwater are over 20 years of age. To assist homeowners who need rehabilitation, the City offers loans through the Housing Division and through the approved housing non-profits participating in the City’s Housing Pool. The loans are available to owner-occupied households with incomes that are very-low to moderate, with a priority on very-low and low-income households. During FY 2012-13, the City made a total of seven owner-occupied rehabilitation loans with CDBG, HOME and SHIP Program funds. There were four CDBG loans, one SHIP loan and two HOME/SHIP loans. During this reporting period, four CDBG-only were provided to families between 50- 80% of area median income (AMI). One SHIP-only loan was provided to a low to moderate-income family. There were six loans made to families at 50-80% of median income. One HOME/SHIP loan was made to a family at less than 50% of AMI while one was between 50-80% of AMI. Attachment number 2 \nPage 6 of 62 Item # 5 Second Program Year CAPER 7 Homeowner rehabilitation produced $97,483.29 in expenditures from the CDBG Program with an additional $60,835.95 in SHIP funds and $44,435.32 in HOME funds. The total expenditures from all funds were $202,754.56. HOMEOWNER REHABILITATION PROGRAM FY 12-13 Program Less than 50% AMI 50-80% AMI Over 80% AMI Total Units CDBG Program 0 4 0 4 SHIP Program 0 1 0 1 HOME/SHIP 1 1 0 2 Total 1 6 0 7 In addition, the City worked on the following homeownership new construction projects: 1) Pinellas County Habitat for Humanity Community Housing Development Corporation, Inc. A Community Housing Development Organization is a private non-profit, community- based service organization whose primary purpose is to provide and develop decent, affordable housing for the community it serves. To assist in achieving these purposes, the City of Clearwater, under the HOME Investment Partnership (HOME) Program, must reserve not less than 15% of their HOME allocations for investment in housing to be developed, sponsored, or owned by Community Housing Development Organizations (CHDOs). Pinellas County Habitat for Humanity Community Housing Development Organization, Inc. (PC Habitat for Humanity CHDO) is a Florida not-for-profit corporation established in August 2010 to provide decent housing that is affordable to low to moderate-income families and to further the affordable housing mission of Habitat for Humanity of Pinellas County, Inc. On September 11, 2011, PC Habitat for Humanity CHDO applied for a designation as one of the City’s eligible CHDOs and for funding to develop affordable housing. On December 20, 2011, the City entered into a CHDO agreement with PC Habitat for Humanity CHDO to provide funding in the amount of $225,808.36 to develop affordable housing. The funding provided through FY 2007, 2009 and 2010 HOME Program CHDO set-aside allocations were $52,697.26, $88,352.85, and $84,758.25, respectively. The CHDO agreement had a one-year effective term from October 1, 2011 through September 30, 2012. Due to delays outside the scope of the organization, the agency was unable to meet its obligations. The agency has obtained the necessary approvals and is now ready to move forward with the project. The agency has Attachment number 2 \nPage 7 of 62 Item # 5 Second Program Year CAPER 8 requested to enter into a new two-year agreement to purchase three vacant parcels in the Stevens Creek Subdivision to build new single family homes and to recertify the agency as a CHDO for an additional year. HOME Program regulations require grantees to recertify CHDOs annually or each time they receive additional set-aside funds. 2) Pinellas County Habitat for Humanity – Stevens Creek Housing Development Project Habitat for Humanity of Pinellas County, Inc. (Habitat) originally submitted an application on December 19, 2008 for funding in the amount of $600,000 to acquire real property that will be used to build single family homes for low to moderate- income families. The funding was approved through the Pinellas County Housing Trust Fund in the form of a deferred payment loan with no interest. The funds will be repaid when each home is sold to an eligible homebuyer. After purchase, Habitat obtained a $124,000 grant from the City through CDBG funds to demolish the structures. The said property is located at 1884 Betty Lane and contains approximately 8.81 acres of land. The site is the former Homer Villas, a rental community previously owned by the Clearwater Housing Authority. The acquisition is subject to Habitat building affordable housing units for mixed-income families. A minimum of 50 units must be for families whose income is less than 80% of median income. The property acquisition cost was $1,189,350 which equals $20,158 per unit acquisition cost. Other investments in the acquisition/development process included financing from Pinellas County and Neighborhood Lending Partners of West Florida, Inc. On September 29, 2008, Pinellas County provided a HOME Investment Partnership Program loan in the amount of $1.425 million to Habitat for a portion of the acquisition costs and site improvements. Other Pinellas County investments in the development of the housing units included $730,000 in funding through the Neighborhood Stabilization Program 2 on July 29, 2011. Also on July 29, 2011, Neighborhood Lending Partners of West Florida, Inc. provided a revolving line of credit in the initial amount of $500,000 with a maximum principal indebtedness, including future advances of $1 million. To facilitate funding for the completion of 25 units in the subdivision, Habitat requested funding from the City through its Neighborhood Stabilization Program 3 for construction financing. The City closed on the loan for $327,500 on January 18, 2013. In this reporting period, nine homes were constructed. 3) SP Country Club Homes, LLC – Housing Development Project On March 17, 2008, SP Country Club Homes, LLC (the Borrower) entered into a contract with the City of Clearwater to purchase a 2.07 acre parcel to construct and sell a 31-unit townhouse project named “Country Club Homes”. The units would vary from two to three-bedroom units and would be sold between $142,000 and $156,000 to eligible homebuyers whose income is less than 120% of area median income. The funding involves an initial commitment from the City utilizing Community Development Block Grant Program in the amount of $700,000. An additional funding Attachment number 2 \nPage 8 of 62 Item # 5 Second Program Year CAPER 9 commitment from the Suncoast Partnership with funding through the Neighborhood Stabilization Program 2 was also required. This included funding though Pinellas County and Neighborhood Lending Partners. To stimulate construction and home sales, the Borrower requested additional funding in the amount of $475,770 through the Neighborhood Stabilization Program 3 for the development of four town home housing units to build a four-unit building located at 1281, 1283, 1285, and 1287 Sawgrass Street, Clearwater. The loan was closed on November 9, 2012. The developer has completed the four units identified in this loan. Three of the four units has been sold to NSP3 eligible homebuyers. The final unit will be sold in the next reporting year. c. Homebuyer Strategy The strategies for homebuyers include housing counseling programs that address pre-ownership issues, credit counseling, budgeting and foreclosure prevention to the very-low, low and moderate-income households. The 2013 Median Income for a family of four (4) in the Tampa/St. Petersburg/Clearwater Area is $56,800. The low- income threshold is $45,450 for households at 80% of area median income and $28,400 for households at 50% of area median income. Other strategies include easy access to affordable homeownership opportunities by providing larger subsidies to the very-low income credit-ready households and those purchasing homes within the City’s target areas. The homebuyer strategy also provides a means to finance the cost of rehabilitation as part of acquisition, providing additional affordable housing units to very-low and low-income households, upgrade neighborhoods and encourage activities to promote safer neighborhoods. The City offers several programs that assist in making housing more affordable to very-low to moderate-income homebuyers. The City’s Homeownership Program lends funds to purchase land, provide down payment assistance, pay impact fees, pay disposition costs, pay closing costs and build new homes for income eligible homebuyers. Funds in this program are also available to approved non-profit agencies financing their clients home ownership needs. Currently these agencies include: 1. Abilities, Inc. – Homes for Independence 2. Habitat for Humanity of Pinellas County 3. Habitat for Humanity of Pinellas County – Community Housing Development Organization 4. Largo Area Housing Development Corporation 5. Tampa Bay Community Development Corporation The funds will be leveraged against private sector financing to provide affordable housing. The five-year goal for homebuyers calls for assisting 100 homebuyers with down payment and closing cost assistance and providing 80 homebuyers with educational services in regards to purchasing a home. Attachment number 2 \nPage 9 of 62 Item # 5 Second Program Year CAPER 10 The City did not budget funding for housing counseling as a single project. Instead, housing counseling services was provided to homebuyers who purchased homes with HOME Program funding. Eighteen (18) participated in both TBCDC Programs (Homeownership Counseling and Homebuyer Education Programs). Other activities supported by the City included providing funding for the acquisition of vacant land and building single family homes, providing funding to purchase existing homes and rehabilitating them and providing down payment and closing cost assistance to purchase new and existing homes. In this reporting period, $52,716 in CHDO HOME funds was expended by Pinellas County Habitat for Humanity Community Housing Development Organization. These funds were used to purchase three lots to build new single family homes. Two homes were built on the lots. The City’s Down Payment and Closing Cost Program provided new homebuyer opportunities to Eighteen (18) families. All of the families assisted had incomes between 50-80% of area median with the exception of three SHIP-only loans. The average purchase price of the homes was $100,021. HOME BUYER PROGRAM FY 12-13 Program Less than 50% AMI 50-80% AMI Over 80% AMI Total Units Home Program 0 0 0 0 SHIP Program 3 1 0 4 HOME/SHIP/ PCHTF Program 0 11 0 11 NSP3 0 3 0 3 Total 3 15 0 18 Note: HOME Program funds require a local match, unless it is a CHDO Project. SHIP Program funds do not require a local match. The funds committed for the homebuyer strategy during this reporting period are as follows: Program Acquisition Construction Down Total Payment Assistance HOME Program $52,697 $275,205 $204,766 $532,668 SHIP Program 0 0 $106,650 $106,650 Housing Trust Fd. Prog 0 $ 59,235 $ 11,250 $ 70,485 NSP3 0 $1,247,221 $165,434 $1,412,655 Attachment number 2 \nPage 10 of 62 Item # 5 Second Program Year CAPER 11 Total $52,697 $1,581,661 $488,100 $2,122,458 The City maintains a goal of trying to leverage resources. Through the commitment of $709,803 in funding through the HOME, SHIP and Housing Trust Fund, the city was able to leverage $1,662,104 in private sector financing. This has resulted in a 2.34 ratio, for every dollar the city committed another entity committed more than two dollars. In terms of NSP3, the City provided better results. The City provided $1,066,204 in NSP3 funds and leveraged $1,629,336 with the Sunset Point Apartments, $5,528,304 with the SP Country Club Townhomes, and $2,655,000 through the Habitat for Humanity Stevens Creek Project. d. Homeless Strategy Policy Direction The Pinellas County Homeless Leadership Board (HLB) is the lead agency for the Pinellas County/St. Petersburg/ Clearwater/ Largo Continuum of Care. It was created on February 1, 2012 and it assumed that role from the Pinellas County Coalition for the Homeless when it merged with the Homeless Leadership Network. Its mission is to prevent, reduce, and end homelessness in Pinellas County. The HLB was created by an Interlocal Agreement among: Pinellas County; the Cities of Clearwater, Largo, Pinellas Park, St. Petersburg, and Tarpon Springs; the School Board of Pinellas County; the Pinellas-Pasco Public Defender’s Office; and the JWB/Children’s Services Board. The HLB has a minimum of 15 members and a maximum of 21 members, of which seven are elected officials. The remaining members represent business, service providers, the faith-based community, hospitals/medical care, a community leader, and a homeless/formerly homeless person. The roles and responsibilities of the Homeless Leadership Board are: o Policy: Set and implement policies for the homeless services system and ensure the system and its parts adhere to them. o System Planning: Plan, implement, and advocate for design and critical activities of the Pinellas County system of services. o Oversight: Monitor and report on system and provider performance towards adopted community-wide goals/outcomes o Accountability: Design, track, and report on outcomes and accountability measures to ensure resources are used effectively and homeless persons gain stable housing. o Operations: Perform all ‘Lead Agency’ responsibilities for federal and state homeless funding, such as the HUD Continuum of Care and the state’s homeless grants. o Financial: Administer funding from federal, state, and local public and private resources for homeless services, provide strategic alignment of local funding to best meet the county-wide service system needs, and secure additional resources. Attachment number 2 \nPage 11 of 62 Item # 5 Second Program Year CAPER 12 o Coordination: Coordinate planning, funding, and activities with existing bodies as much as possible, such as the Juvenile Welfare Board, the Low Income Housing and Health/Behavioral Health Networks, HUD-funded County and City Emergency Solutions Grants and CDBG funds, Pinellas County Health & Community Services, the Public Housing Authorities, etc. o Advocacy: Advocate for effective homeless/at-risk services at the local, state, and federal levels. There are two major Councils under the HLB with very specific roles. The Providers Council (made up of public and private homeless and at-risk service providers) develops recommendations to the HLB on issues affecting the homeless services system, addresses the needs of all target groups, and coordinate planning and recommendations with other community-wide planning groups. The Funders Council (composed of representatives from local and state governments, businesses, foundations, and other funders of services that affect all homeless/at-risk target groups) was put together in August 2013 and develops recommendations to the HLB on funding of homeless/ at-risk programs and services and on strategically aligning funding resources available for homeless/ at-risk programs and services based on HLB-approved priorities, to make the most effective use of scarce resources. During the summer of 2013, the HLB began the process of developing a strategic plan for the upcoming two years. The preliminary SWOT Analysis (Strengths / Weaknesses / Opportunities / Threats) for the HLB was completed in September 2013. Some of the Strengths (internal characteristics that give the HLB an advantage over other organizations) are the diversity of its Board members, their knowledge of homeless issues, and designation of the HLB as the “lead” agency at Federal and State levels. Some of the Weaknesses (internal characteristics that place the HLB at a disadvantage relative to other organizations) are the lack of Board cohesiveness, small municipal representation, lack of staff, and funding and enforcement power. Some of the HLB’s Opportunities (external in nature) are the social media campaign that will be unveiled next fiscal year by Representative Kathleen Peters, and willing and able community partners. Finally, some Threats (external elements in the environment that could cause trouble for an organization) are the lack of predictable funding, changing political priorities, and the economy (produces more need for services but less funding). Some major accomplishments of the HLB during this fiscal year are the following: 1) Funders Council (HLB subcommittee) was created in an effort to get local funders of homeless services to work together to create seamless funding of needed projects. 2) HLB System Quality Improvement Committee was created and was assigned the responsibility of developing performance outcome measures and goals for the CoC. 3) The TBIN (Tampa Bay Information Network) became an open, shared system in which all participating organizations can view basic data and record of services for individuals and families who have received or are receiving homeless services. Currently, TBIN covers 95% of homeless consumers in Pinellas County. Attachment number 2 \nPage 12 of 62 Item # 5 Second Program Year CAPER 13 4) The Family Coordinated Intake, Assessment, and Referral subcommittee was created in an effort to respond to changes in the federal HEARTH Act. The City of Clearwater has embarked on a new effort to address the root causes of homelessness in our community. We have initiated a comprehensive, holistic approach in an effort to reduce the number of homeless individuals and families in Clearwater by placing them into programming that will assist them in getting off the street. According to the 2013 Point-In-Time Survey and Count of the homeless population in Pinellas County, the total number of homeless was 6,594. Out of the total, 1,783 were in shelters, 2,316 were unsheltered adults and 2,495 were families with children. In Clearwater, volunteers counted 1,094 total homeless, out of which 342 were in shelters, 510 were unsheltered adults, and 204 were homeless families with children. The national best practice has proven the key is to move from an “enablement model” to a comprehensive system of “engagement”. In Clearwater, there are three shelters that engage homeless individuals and families: H.E.P. (Homeless Emergency Project), RCS (Religious Community Services) and The Salvation Army Transitional Living Center. We need to dramatically expand on the success of these three agencies by engaging each and every homeless individual in our community. Additionally, Pinellas Safe Harbor and Pinellas Hope are two temporary shelters that serve the homeless population of Pinellas County. In addition to providing shelter and food which meet a homeless person’s basic needs, all these programs also provide life-skill classes, transportation for employment, job training, mental health and other services. In August 2012, the City created the Clearwater Homeless Street Outreach Team, which comprises of a Clearwater Police Officer and a social worker from Directions for Living. The team reaches out to homeless individuals and/or families on the street or at feeding sites and provides assistance to them (either by placing them in a shelter, or by providing transportation to Daystar Life Center, or by referring them to other services in Pinellas County). Between May 2012 and May 2013, the Clearwater Homeless Services Street Outreach Team transported 148 homeless to Pinellas Safe Harbor, 71 to Pinellas Hope, 14 to H.E.P., and 13 to Daystar. For FY 2012-2013, the City of Clearwater, through its General Fund, committed $100,000 to Pinellas Safe Harbor, $50,000 to HEP, $25,000 to the Homeless Leadership Board, $25,000 to Pinellas Hope, $25,000 to RCS, and $25,000 to The Salvation Army of Upper Pinellas. Operational Support The City provided CDBG funding to three agencies assisting the homeless in this reporting period - Religious Community Services, Inc. , Homeless Emergency Project and Westcare Florida. The chart below illustrates the non-housing homeless allocations and expenditures for FY 2012-13 and prior funds expended in this reporting year. These allocations resulted in many homeless individual/families being provided a place to live and obtain other essential services. Attachment number 2 \nPage 13 of 62 Item # 5 Second Program Year CAPER 14 FY 12/13 Budget FY 12/13 Expended Westcare of Florida $15,000 $15,000 RCS – The Havens $273,197 $90,836 Homeless Emergency Project 18,000 $18,000 TOTAL $306,197 $123,836 Homeless Housing Actions Public Services and Facilities The City provided funding in the amount of $15,000 to WestCare GulfCoast Florida, Inc. for salary support to operate the Turning Point overnight shelter. The shelter provides an overnight facility for homeless persons under the influence of drugs and/or alcohol. It operates as an inebriate receiving and intervention program that provides for a 24-hour sobering up area, intensive case management, and placement service. The agency’s goal was to serve 150 homeless Clearwater individuals. The agency expended $15,000 and assisted 183 homeless Clearwater individuals. The City provided funding in the amount of $273,197 to Religious Community Services, Inc. for construction related costs to develop an office building for the Havens of RCS. The Havens of RCS is a facility that offers housing and supportive services for victims of domestic abuse. The agency’s goal was to serve 10,000 domestic violence victims (women and children). The agency expended $90,836 and assisted 8,844 families. The City provided funding in the amount of $18,000 to Homeless Emergency Project for salary support to operate the transition housing program for the homeless. HEP provides emergency shelter, transitional housing, and family rental units for the homeless population. In addition to housing, the agency provides food, intensive case management, clinical services, free dental care, child care and other supportive services to the homeless. The agency expended $18,000. The City provided funding in the amount of $12,000 to Catholic Charities for salary support and to purchase tents for homeless individuals in the Pinellas Hope Transition Housing Program. Catholic Charities assisted 279 individuals. The agency expended $12,000. Homeless Housing 1) HEP Veterans Housing On May 3, 2010, the Homeless Emergency Project (HEP) submitted an application to the City in the amount of $100,000 to acquire vacant real property located at 1250 Palmetto Street. The property was previously owned by the Pinellas County School Board. HEP is a 501(c) (3) non-profit organization that was founded in 1986 to meet the needs of a growing number of homeless individuals and families. HEP provides emergency shelter, transitional housing, and family rental units for the homeless population. In addition to housing, the agency provides food, intensive case Attachment number 2 \nPage 14 of 62 Item # 5 Second Program Year CAPER 15 management, clinical services, free dental care, child care and other supportive services to the homeless. A February 10, 2010 appraisal listed the value of the land at $558,000. The subject property is 2.9 acres. On August 3, 2010, HEP submitted an amended application for the acquisition and construction costs in the amount of $365,000, the sales price the owner had agreed to sell the property for and an application in the amount of $302,000 for a portion of the development costs for the construction of 32 fully-furnished, single occupancy apartment for male and female veterans. The total development cost for the project is $3,497,144. The sources include the City contributing an additional $725,000 (in addition to the $372,340 provided for land acquisition), Pinellas County contributing $1,800,000, and the agency providing $599,804. The City’s commitment for the development project was presented and approved by the Neighborhood and Housing Advisory Board on November 22, 2011. The Clearwater City Council approved the project on December 1, 2011. The Ribbon Cutting Ceremony took place on October 25, 2012. e. Non-Homeless Special Needs Strategy Public Services and Facilities CDBG funds were provided in the amount of $12,000 to Pinellas Opportunity Council to administer their Chore Services Program. Through this program, various chore services were provided to forty (40) elderly, frail elderly, developmentally-disabled and physically-disabled individuals to assist them in remaining in their home. Non-Homeless Housing 1) Boley Centers, Inc. – Sunset Point Apartments Development Project In September 2011, the City of Clearwater placed a Notice of Funding Availability for development of rental housing projects funded through the Neighborhood Stabilization Program 3. Boley Centers, Inc. submitted an application on September 26, 2011 for the Sunset Point Apartments Acquisition/Development Project and Catholic Charities submitted an application for the San Remo Apartments Acquisition/Renovation Project. After careful deliberation, Boley Centers, Inc. was awarded $180,000 on November 3, 2011. On March 27, 2012, Boley Centers, Inc. submitted a request for an additional $166,451 for additional construction costs and impact fees associated with the project. The total requested for the project was $346,451 in Neighborhood Stabilization Program 3 funds. The Sunset Point Apartments is a proposed fourteen-unit development that will be financed largely with a Section 811 Capital Advance Grant from the U. S. Department of Housing and Urban Development. The HUD 811 grant will pay for a large portion of the construction of the development. Additionally, the HUD 811 comes with a Project Rental Assistance Contract which provides a project based rental subsidy. Attachment number 2 \nPage 15 of 62 Item # 5 Second Program Year CAPER 16 Boley Centers, Inc.’s proposal was for the cost of the land at $175,000 and closing costs estimated at $5,000. Boley Centers, Inc. estimated that the HUD 811 award would be for $1,787,263. Boley Centers, Inc. would provide an additional $10,000 as the initial capital advance. The total project cost is estimated at $1,975,687. Boley Centers, Inc. acquired the vacant land with a bridge loan from the Bessie Boley Foundation. The bridge loan allowed Boley Centers, Inc. the ability to acquire property in advance of the HUD application process, but must be repaid in order to allow the foundation to continue providing such advances. The project, located at 1401 and 1443 Sunset Point Road, consists of one eight-unit building and one six-unit building with a two story design. All units are one bedroom for individuals who are very low-income and are diagnosed with a mental illness. Each one-bedroom unit is approximately 540 square feet with all common areas handicap accessible. Two of the units were designed for accessibility and adaptability for various types of disabilities, including wheelchair usage. An additional unit was designed for an individual with a sight and/or hearing impairment. The units have been designed to implement Green initiatives. The housing provided through this project is intended solely for adults with a chronic and persistent mental illness who have very low-income (most will have less than 35% AMI). All of the units will be provided to individuals whose income is 50% of AMI or below. Their primary diagnoses are schizophrenia or major mood disorder. Most have a long history of psychiatric hospitalization. Many also have had substance abuse problems. The development of permanent, independent housing units provides opportunities for clients who desire and need restrictive housing options than they would have in group homes or supervised apartments. Boley Centers, Inc. is the leading provider of residential services in Pinellas County for adults with a severe and persistent mental illness and the only provider for the non-elderly. Boley Centers, Inc. currently has 275 supported housing beds with 23 under development. There are currently 557 individuals on Boley Centers, Inc’s waiting list for HUD 811 housing. There are 317 people on the Boley Centers, Inc’s tenant based rental housing vouchers waiting list. The project construction began in this reporting period and is to be completed in the next reporting period. The project, located at 1401 and 1443 Sunset Point Road, consists of one eight-unit building and one six-unit building with a two story design. All units are one bedroom for individuals who are very low-income and are diagnosed with a mental illness. Each one-bedroom unit is approximately 540 square feet with all common areas handicap accessible. Two of the units will be designed for accessibility and adaptability for various types of disabilities, including wheelchair usage. An additional unit will be designed for an individual with a sight and/or hearing impairment. The units will be designed to implement Green initiatives. The housing provided through this project is intended solely for adults with a chronic and persistent mental illness who have very low-income (most will have less than 35% AMI). All of the units will be provided to individuals whose income is 50% of AMI or below. Their primary diagnoses are schizophrenia or major mood disorder. Most have a long history of psychiatric hospitalization. Many also have had substance abuse problems. The development of permanent, independent housing units provides Attachment number 2 \nPage 16 of 62 Item # 5 Second Program Year CAPER 17 opportunities for clients who desire and need restrictive housing options than they would have in group homes or supervised apartments. Boley Centers, Inc. is the leading provider of residential services in Pinellas County for adults with a severe and persistent mental illness and the only provider for the non-elderly. Boley Centers, Inc. currently has 275 supported housing beds with 23 under development. There are currently 557 individuals on Boley Centers, Inc’s waiting list for HUD 811 housing. There are 317 people on the Boley Centers, Inc’s tenant based rental housing vouchers waiting list. 3. AFFIRMATIVELY FURTHERING FAIR HOUSING The City of Clearwater is no longer directly enforcing fair housing laws. The responsibility has been assigned to the Pinellas County Human Relations Department since their office investigates and makes recommendations on all Fair Housing issues for other areas of Pinellas County with the exception of the City of St. Petersburg. The City plays an active role in affirmatively furthering Fair Housing by adhering to the Human Rights Ordinance that Pinellas County adopted in 1984. Pinellas County maintains an Interlocal Agreement with the City of St. Petersburg for the enforcement of the ordinance. The City of St. Petersburg handles enforcement south of Ulmerton Road and Pinellas County enforces north of Ulmerton Road. In 2002, the City of Clearwater, along with the cities of St. Petersburg and Largo, and Pinellas County formed a Fair Housing Partnership to coordinate efforts countywide to support and expand the availability of housing to all, regardless of familial status, national origin, race, accessibility, and disability. The partnership’s tools for furthering this effort are educational programs, training, testing, assessments, and enforcement through the appropriate channels. The partnership meets periodically to review programs and to set and review goals. The City remains active in the provision of affordable and accessible housing and promotion of home ownership. The City provides information concerning home ownership, home financing, and home repairs in printed matter and has worked with our Public Communications Department to provide information in a variety of other mediums. Attachment number 2 \nPage 17 of 62 Item # 5 Second Program Year CAPER 18 On April 19, 2013, the City partnered with the Bay Area Apartment Association, Bay Area Legal Services, the cities of Largo, St. Petersburg and Tampa, Greater Tampa Association of Board of Realtors, Gulf Coast Legal Services, Hillsborough County Equal Opportunity Administration and Pinellas County Office of Human Rights (Tampa Bay Fair Housing Consortium) to sponsor an Annual Fair Housing Certificate Program. The City provided sponsorship for programs providing workshops on Fair Housing, Accessible Home Design, Landlord-Tenant Rights and Responsibilities, and Real Estate Sales and Rentals. Attachment number 2 \nPage 18 of 62 Item # 5 Second Program Year CAPER 19 a. Sale or Rental of Housing Fair Housing complaints received by the Pinellas County Office on Human Rights/Human Relations indicate that discrimination in the sale or rental of housing and provision of housing brokerage services does occur. The City hopes to partner with other local government agencies and conduct a study to determine the level of discrimination. b. Public Policies The high percentage of build-out in the City affects the availability of suitable land for multi-family and affordable single-family development. The City’s Community Development Code, design standards, adequate public facility (concurrency) ordinance and building code requirements influence the feasibility of affordable housing projects. Development regulations can limit the potential use of small or irregular infill parcels for affordable housing or increase costs associated with site development and construction. c. Administrative Policies Administrative policies generally support Fair Housing. These include: 1. Marketing housing programs in targeted areas. 2. Providing citywide homebuyers’ assistance and education. 3. Placing educational material on the Housing Division’s webpage. 4. Carefully reviewing where affordable housing developments will be located. 5. Avoiding a concentration of very-low to moderate-income households in multi-family developments. d. Actions Taken To Overcome Impediments In 1995, the U.S. Department of Housing and Urban Development (HUD) announced that entitlement communities, communities receiving direct federal funding from Community Development Block Grant, HOME Investment Partnership and Emergency Shelter Grant programs, must conduct a study of existing barriers to housing choice. This required study is referred to as the Analysis of Impediments (AI) and is part of entitlement communities consolidated planning process. The purpose of the AI is to examine how state and local laws, private, public and non-profit sector regulations, administrative policies, procedures, and practices are impacting the location, availability, and accessibility of housing in a given area. The AI is not a Fair Housing Plan rather it is an analysis of the current state of fair housing choices in Clearwater and identifies specific barriers that need to be addressed if future fair housing initiatives are to be successful. Each jurisdiction receiving federal funds must certify that it is affirmatively furthering fair housing. The certification specifically requires jurisdictions to conduct an analysis of impediments to fair housing choice within the state or local jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. Evaluating fair housing impediments is a complex process involving diverse and wide-ranging considerations. The role of economics, housing patterns, and personal Attachment number 2 \nPage 19 of 62 Item # 5 Second Program Year CAPER 20 choice are important to consider when examining fair housing choice. Clearwater has relatively few impediments to fair housing. However, some issues were identified. On July 22, 2010, the cities of St. Petersburg, Largo and Clearwater and Pinellas County procured the services of J-Quad Planning Group, a fair housing consultant, to conduct an analysis of impediment to fair housing choice for each entity. The result of that analysis is listed below. The analysis of fair housing choice in the City has resulted in the identification of impediments, identified through a study methodology that included conducting focus group sessions, the construction of a demographic analysis resulting in a community profile and fair housing index, analysis of the Home Mortgage Disclosure Act (HMDA) data for the City and Pinellas County and a fair housing law and public policy and program review. The City’s commitment to furthering affordable housing through planning and CDBG/HOME program design and implementation is noteworthy. These efforts will continue to help maintain stability and strengthen its older and lower-income areas. The City and its nonprofit partners are encouraged to expand these efforts into other neighborhoods as a primary means of expanding fair housing choice. Banking, Finance, Insurance and Other Industry Related Impediments Impediment: Impacts of the Sub-prime Mortgage Lending Crises and increased Foreclosures. Remedial Action: Continue to work with the State, National Non-Profit Housing Intermediaries, Federal Home Loan Bank, other lenders and HUD to evaluate programs and identify funding that can help reduces the mortgage default rate and foreclosure rates among low and moderate-income home buyers and existing home owners. Impediment: Low number of loan applications from minorities and low origination rates for minority applicants. Remedial Action: Continue homebuyer outreach and education efforts. Expand homeownership and credit counseling classes as part of a high school curriculum in order to help prevent credit problems later in life. Impediment: Predatory lending and other industry practices. Remedial Action: Continue to encourage financial institutions to assist low to moderate-income persons by establishing or reestablishing checking, saving, and credit accounts for residents that commonly utilize check cashing services through bank initiated “fresh start programs” for those with poor credit and previous non- compliant bank account practices. Socio-Economic Impediments Impediment: Poverty and low-income among minority populations. Attachment number 2 \nPage 20 of 62 Item # 5 Second Program Year CAPER 21 Remedial Action: Continue to work on expanding job opportunities through the recruitment of corporations, the provision of incentives for local corporations seeking expansion opportunities, and the assistance with the preparation of small business loan applications. Support agencies that provide workforce development programs and continuing education courses to increase the educational level and job skills of residents. Neighborhood Conditions Related Impediments Impediment: Limited resources to assist lower income, elderly and indigent homeowners maintain their homes and stability in neighborhoods. Remedial Action: Continue to support and expand program of Self-Help Initiatives based on volunteers providing housing assistance to designated elderly and indigent property owners and assist them in complying with municipal housing codes. Involve volunteers, community and religious organizations/institutions and businesses as a means of supplementing financial resources for housing repair and neighborhood cleanups. Public Policy Related Impediments There were no Public Policy Related Impediments. The City funds programs that offer free classes for persons desiring to become homeowners. The Pinellas Realtor Organization subscribes to the Voluntary Affirmative Marketing Agreement (VAMA) and works to educate its members about Fair Housing. Training and marketing materials have been videotaped and translated into American Sign Language and Spanish. The City promotes home ownership and education at various homebuyer fairs and expositions. The City also provides funding to Community Service Foundation to provide Fair Housing Education. In addition to the Human Relations Department, the City is working with Pinellas County Realtors through the VAMA Program to further fair housing opportunities in real estate transactions. To further these efforts of the VAMA, the Pinellas County Board of Realtors enlisted the services of the Community Housing Resource Board to focus on the federal, state and local enforcement agencies, housing industry groups and volunteer community groups working together to promote fair housing practices. These efforts include: · Providing public information on fair housing · Assessing community fair housing needs and identifying local problems and issues that impede equal housing opportunity · Evaluating performance and effectiveness of the VAMA · Expanding minority involvement in the real estate industry · Expanding public awareness of housing opportunities in the community · Developing cooperative solutions to problems associated with the implementation of the VAMA Other actions during FY 2012-13 include: · Continued support of Pinellas County Human Relations Department, Pinellas County Board of Realtors, and the Community Housing Resource Board Attachment number 2 \nPage 21 of 62 Item # 5 Second Program Year CAPER 22 · Continued to work with the local committee of American with Disabilities to view housing related issues for homeowners, renters, or homebuyers with disabilities · Provided funding in the amount of $18,000 to Gulf Coast Legal Services to implement a fair housing program that offers counseling services, initial needs assessment, rental eviction intervention, and marketing of fair housing programs. The agency assisted 178 individuals · Provided funding in the amount of $8,750 to Community Service Foundation to administer a fair housing program. The agency assisted 75 individuals The Pinellas County anti-discrimination effort focuses on public information and enforcement of fair housing regulations and the County’s Human Rights Ordinance. The County publishes a Housing Resource Directory that includes an overview of fair housing law, information about reasonable accommodation and accessibility, and a list of state and local enforcement agencies. The County produces a brochure entitled, Fair Housing in Pinellas County, and distributes approximately 5,000 copies annually. Below market rate mortgages, down payment and closing cost assistance are readily available through the County’s Housing Finance Authority and through other agencies. The County is also active in providing and promoting affordable housing, providing low-cost funds for home purchase or repair, and modifications to homes to make them accessible to persons with disabilities. The City directs significant resources to expand the supply of affordable rental housing and partners with a variety of for-profit and non-profit developers and the Housing Finance Authority of Pinellas County. The City also assists developers with a variety of incentives aimed at reducing development costs, impact fees, and regulatory impediments (including providing bonus densities for creating affordable housing). The City encourages mixed-income, multi-family developments to develop affordable housing in areas that are not predominantly low to moderate-income areas as part of a continuing effort to deconcentrate poverty. Funding is denied to developers who do not provide mixed-income housing where the effect could be to racially or economically segregate low-income households. 4. LEVERAGING RESOURCES The City’s efforts to provide affordable housing and other services to very low to moderate-income families have resulted in leveraging a great amount of additional resources. Through the Infill Housing and Down Payment Assistance Programs, the City continues to work closely with the lending and housing non-profits in the community to leverage private investment in home ownership. (Please see Homebuyers Section for accomplishments). In addition, Tampa Bay Community Development Corporation provides homeownership counseling to support our housing programs. The funds committed for the homebuyer strategy during this reporting period are as follows: Attachment number 2 \nPage 22 of 62 Item # 5 Second Program Year CAPER 23 Program Acquisition Construction Down Total Payment Assistance HOME Program $52,697 $275,205 $204,766 $532,668 SHIP Program 0 0 $106,650 $106,650 Housing Trust Fd. Prog 0 $ 59,235 $ 11,250 $ 70,485 NSP3 0 $1,247,221 $165,434 $1,412,655 Total $52,697 $1,581,661 $488,100 $2,122,458 The City maintains a goal of trying to leverage resources. Through the commitment of $709,803 in funding through the HOME, SHIP and Housing Trust Fund, the city was able to leverage $1,662,104 in private sector financing. This has resulted in a 2.34 ratio, for every dollar the city committed another entity committed more than two dollars. In terms of NSP3, the City provided better results. The City provided $1,066,204 in NSP3 funds and leveraged $1,629,336 with the Sunset Point Apartments, $5,528,304 with the SP Country Club Townhomes, and $2,655,000 through the Habitat for Humanity Stevens Creek Project. 5. CONTINUUM OF CARE NARRATIVE The City works closely with the Pinellas County Coalition for the Homeless and various other homeless services providers in addressing the needs of the City’s Homeless. The City listed Continuum of Care issues as a high priority in the Consolidated Plan. A total of $273,197 was provided to Religious Community Services – The Havens for construction related cost to build a new office/Outreach Center. The Havens facility provides housing, case management and a variety of services for victims of spouse abuse. The Havens provided spouse abuse services to 8,844 families. CDBG funds were provided in the amount of $12,000 to the Pinellas Opportunity Council to administer their Chore Services Program. Through this program, various chore services were provided to 40 elderly, frail elderly, developmentally-disabled and physically-disabled individuals to assist them in remaining in their home. The City provided funding in the amount of $15,000 to WestCare GulfCoast Florida, Inc. for salary support to operate the Turning Point overnight shelter. The shelter provides an overnight facility for homeless persons under the influence of drugs and/or alcohol. It operates as an inebriate receiving and intervention program that provides for a 24-hour sobering up area, intensive case management, and placement services. The agency’s goal was to serve 150 homeless Clearwater individuals. The agency expended $15,000 and assisted 183 homeless Clearwater individuals. The City did not receive any applications for direct support for providing housing opportunities for persons with HIV/AIDS. The City will continue to outreach to agencies that provide services to this community. 6. CITIZENS PARTICIPATION Attachment number 2 \nPage 23 of 62 Item # 5 Second Program Year CAPER 24 The City maintains a Neighborhood and Affordable Housing Advisory Board to encourage public participation. The Board meets periodically to discuss and make recommendations to City staff and the City Council on housing-related issues. The City Clerk’s Office maintains minutes from the meetings. The City has not received any citizen comments on the Proposed FY 2012-13 CAPER. 7. OTHER ACTIONS a. Fostering and Maintaining Affordable Housing The City has been very proactive in fostering and maintaining affordable housing. Although the City cannot control the cost of labor, goods or land costs, the City continues to look for new and creative ways to address the issue of affordability. Some of the steps the City has taken in the past and/or is currently doing include: · Design homes that are practical and efficient · Subsidize impact fees · Provide financing at below market rates, zero percent and/or deferred payment loans · Fund subrecipients to acquire vacant properties and build affordable houses · Work with subrecipients to acquire homes foreclosed by HUD and resell them as affordable housing units · Pay for infrastructure improvements with general revenue funds · Change the City’s Development Code to address other development issues · Work with the local housing authority to buy property and resell for affordable housing · Work with developers to put together applications for funding through the Low-Income Housing Tax Credit Program, State of Florida Housing Bond Program and other resources to build or rehabilitate rental units for affordable housing b. Barriers to Affordable Housing In the early years (1992 – 1995) of the City’s SHIP Program, the Clearwater's Affordable Housing Advisory Committee (AHAC) reviewed the following areas to identify potential barriers to affordable housing: · Affordable Housing Definitions · Permit Processing · Impact Fee Requirements · Infrastructure Capacity · Residential Zoning Density · Transfer of Development Rights · On-Site Parking and Setback Requirements · Zero-Lot Line Development · Sidewalk and Street Requirements · Regulatory Review Processes · Inventory of Lands Suitable for Affordable Housing Development The City began receiving SHIP Program funding in 1992 when the Florida Legislature adopted the Sadowski Act. The SHIP Program is a dedicated source of affordable Attachment number 2 \nPage 24 of 62 Item # 5 Second Program Year CAPER 25 housing funds that are provided annually to cities and counties within the State of Florida. One of the driving forces behind the passage of the Sadowski Act was the Florida Homebuilders and Contractors Associations. As a result of their lobbying effort, SHIP jurisdictions each year must expend 75% of their funds, entitlement and recaptured funds, on activities that involve construction and/or rehabilitation of homes, and in addition, 65% of the funds, entitlement and recaptured funds, must result in homeownership. A major requirement of the SHIP Program, as well as a condition of receiving continued funding, was each jurisdiction had to adopt affordable housing incentives that would assist in the implementation of their affordable housing activities. Each SHIP entitlement community was required to adopt an Affordable Housing Incentive Plan (AHIP), which contained, at a minimum two statutory required incentives: 1. Assurance that permits as defined in Chapter 163.3164(7) and (8) F.S. for affordable housing projects are expedited to a greater degree than other projects; 2. An ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption (420.9071(16) F.S.). During the 2007 legislative session, the Florida legislature passed House Bill 1375. Under this bill, approval was granted for the creation of Section 420.9076 of the Florida Statute. This statute requires counties and cities receiving SHIP funds to appoint an eleven member Affordable Housing Advisory Committee (AHAC). The statute further provides that the committee be made up of members from a specific industry or a specific group as identified in the statute. The requirement was largely met through the use of the City’s existing Neighborhood and Affordable Housing Advisory Board (NAHAB). The City Council adopted Resolution No. 08-15 that created and appointed the AHAC. The duties of the AHAC included reviewing policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan and recommending specific actions or initiatives to encourage or facilitate affordable housing. Per state statute, at a minimum, the AHAC reviewed and made recommendations on the following: 1. The processing of approvals of development orders or permits, as defined in F.S.163.3164 (7) and (8), for affordable housing projects is expedited to a greater degree than other projects. 2. The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. 3. The allowance of flexibility in densities for affordable housing. 4. The reservation of infrastructure capacity or housing for very-low income persons, low-income persons, and moderate-income persons. 5. The allowance of affordable accessory residential units in residential zoning districts. 6. The reduction of parking and setback requirements for affordable housing. 7. The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. 8. The modification of street requirements for affordable housing. Attachment number 2 \nPage 25 of 62 Item # 5 Second Program Year CAPER 26 9. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. 10. The preparation of a printed inventory of locally owned public lands suitable for affordable housing. 11. The support of development near transportation hubs and major employment centers and mixed-use developments. In July 2008, the Economic Development and Housing Department contracted with Wade Trim, Inc. to help facilitate the process. Wade Trim coordinated the preparation of the Local Housing Incentive Strategy in cooperation with City staff and the AHAC. The Local Housing Incentive Strategy encompasses the definition, vision, strategic focus areas and incentive recommendations in order to facilitate the development of affordable housing in the City. The AHAC convened on four occasions in order to develop and identify the value of affordable housing, identify the principles for Clearwater’s affordable housing and develop a vision statement to be included as part of the Local Hosing Incentives Strategy. A separate focus group consisting of for-profit and non-profit affordable housing developers was organized in order to gain additional insight and recommendations concerning the incentive strategies. The report highlights an affordable housing vision statement that was derived from input by board members. Additionally, AHAC members focused on the values that affordable housing brings to the City. The themes identified centered on the values that affordable housing supports a dynamic and competitive economy, improves the social well being that builds a sense of community, and ensures that the City’s workforce can live within the City limits. Furthermore, the AHAC also identified and recommended provisions that would identify adaptive reuse practices, require triennial updates to the City’s Local Housing Incentives Strategy, support design standards for affordable housing developers, improve communication and marketing channels for affordable housing, diversify financing resources, and support development of public and private partnerships for the provision of affordable housing. By statute, the initial report was submitted to the City Council by December 30, 2008. After the initial submission, the reports become due every three (3) years on December 31st of the year preceding the submission of the Local Housing Assistance Plan (LHAP). The City Council reviewed the Local Housing Incentives Strategy recommendations that were approved by the AHAC on November 19, 2008. The City Council adopted an amendment to the LHAP to incorporate the local housing incentive strategies it will implement for the City. The amendment included, at a minimum, the state required incentive strategies specified above. Upon approval, the City notified the state of its adoption of an amendment to its LHAP to incorporate the incentive strategies. The notice included a copy of the approved amended plan in order to comply with the SHIP programs participation guidelines. In future years, as part of the monitoring process conducted by the State of Florida, the monitors will be evaluating how local jurisdictions are implementing their affordable housing incentives in order to ensure they are meeting their statutory obligations. These evaluations will analyze the process and policies that all affordable housing projects go through from start to finish. This process is not totally exclusive Attachment number 2 \nPage 26 of 62 Item # 5 Second Program Year CAPER 27 to affordable housing projects using SHIP dollars, but any affordable housing project taking place in the City, regardless of the funding source. c. Managing the Process As part of the review process for proposed policies, regulations, plans and programs, the sponsoring City department requests the Economic Development and Housing Department to analyze the economic impact of the action proposed as it pertains to the cost of housing. The analysis shows the estimated increase in cost to an average home. The analyses are maintained on file in the Housing Division of the Economic Development and Housing Department. The City holds public hearings and meetings to obtain citizen input and to respond to citizen proposals and inquiries about activities and program performances. Citizens and other City stakeholders have emphasized the need to consider the City’s diverse interests in the establishment of goals, objectives, policies and priorities; the identification of new projects and programs; and in the application, monitoring and evaluation of existing programs. Typically, the Economic Development and Housing Department staff meets with prospective affordable housing developers to determine the level of assistance and project needs. If the developer proceeds with a project, staff facilitates the plan review and permitting process through the Planning, Building and Engineering Departments. This allows the Economic Development and Housing Department to troubleshoot and streamline the process. Below is a section from the City’s Expedited Processing and Ongoing Review Policy. d. Expedited Processing i. Building Department All affordable housing projects, as defined in Chapter 163.3164(7) and (8) F.S., that are located within the City limits are required to include with their application for a building permit a request for Expedited Processing. A copy of this request must be provided to the Building Official and to the Director of the Economic Development and Housing Department. Expedited Processing affords eligible projects priority over projects without this status. When an affordable housing project receives approval, the Building Division notifies the Director who, in turn, will document the timeframe for the application process. ii. Planning Department The Planning Department will follow the City of Clearwater - Community Development Code when processing all affordable housing applications for activities that require rezoning, land-use amendments, variances, development orders, etc. Under the Code, all projects are reviewed and may be scheduled for the next meeting of the Development Review Committee (DRC – staff level review) and if needed, the Community Development Board (CDB). Many applications can be decided at the staff level and may not need to go DRC and/or CDB. When affordable housing projects and/or applications are submitted that can be decided at the staff level, they shall receive priority and be reviewed before any non-affordable housing project and/or applications. Applicants must indicate that the project will be an Attachment number 2 \nPage 27 of 62 Item # 5 Second Program Year CAPER 28 affordable housing development and/or project. The Planning Department has and will continue to implement, where possible, the expedited plan amendment process for large-scale amendments related to the provision of affordable housing. e. Comprehensive Plan Analysis The City’s Comprehensive Plan includes a state mandated housing element that analyzes the City’s existing and projected housing need. The element contains goals, objectives and policies that work in tandem with other housing policy documents. Fostering and maintaining an affordable housing supply is one of the element’s primary goals. The goal is supported by policies that aim to reduce barriers to public and private sector construction of affordable units. The Economic Development and Housing Department coordinated with the Planning Department in 2005 for the preparation of the Evaluation and Appraisal Report (EAR) for the Comprehensive Plan. A focus of the EAR was affordable housing. In this regard, the EAR included an assessment of the successes and shortcomings of the City’s affordable housing policies and programs, along with recommendations for improvement. The EAR recommendations were addressed in a major update of the Comprehensive Plan in 2007-2008. As part of the review process, the City formed a Citizen Advisory Committee (CAC) to provide direction in the EAR. The CAC, along with a consultant (Wade Trim, Inc.), established identification of data needs and methods of compilation, meetings, methodology of comprehensive issues analysis, and coordination with other city departments. The results were provided to the City’s Planning Department. The Planning Departments recommendations were approved by the City Council. f. Lead Based Paint Lead based paint continues to be a serious problem throughout cities across America. It is usually prevalent in homes built prior to 1978. Clearwater’s housing stock is relatively new with the average home being built after 1970. However, the City still maintains that lead based paint is a serious issue and conducts housing inspections to determine if there are defective paint surfaces. If lead conditions are present, the lead paint is either removed or covered in a manner described by HUD. The City will continue its effort to rid structures of lead based paint and will inspect any homes built prior to 1978 for any presence of lead based paint. The City will continue to test and remove all lead based paint surfaces in structures that are being rehabilitated under our programs that are using federal funds. The City will use the services of the Pinellas County Environmental Department to test all structures with defective paint surfaces and the local Health Department to test children for elevated blood levels. The Willa Carson Community Health Resource Center continues to participate with the City by providing a meeting area for neighborhood based education programs, disseminating information on the hazards of lead based paint, and blood screenings. The City places information about lead based paint and safety on the City’s Housing Division website. Program activities include: Attachment number 2 \nPage 28 of 62 Item # 5 Second Program Year CAPER 29 · Assurance that children identified as at risk receive blood lead testing and the child with elevated lead levels receives follow-up care · Promotion of a public awareness campaign through education via physicians and the community and disbursement of educational materials · Routine placement of educational materials on the City’s Housing Division webpage · Assessment of homes at risk to identify lead hazard control services to eliminate hazards identified in homes · Initiation of supportive lead hazard control services to eliminate hazards identified in homes · Evaluation of prevention activities to measure the impact and outcome of program services and intervention efforts in the community g. Poverty Level Assessment The City realized that the most effective way to reduce the number of persons below the poverty level was to increase their income through providing employment opportunities. The City provides funding to support service organizations that reduce impediments for families allowing them to rise above the poverty level. The City provides economic development opportunities to non-profit and for-profit businesses that agree to hire lower-income individuals. Through the coordination of programs, including the Environmental Protection Agency, State Brownfields Redevelopment initiatives, Juvenile Welfare Board, United Way, the Eckerd Foundation, Pinellas County WorkNet, and the University of South Florida, the City will continue to expand its efforts to reduce impediments. h. Institutional Structure To overcome gaps in institutional structures and enhance coordination, the City provided local lenders with information relative to the City’s housing programs. Together we are able to provide home ownership and homebuyer opportunities for very-low to moderate-income families. The City and its subrecipients pre-qualify clients to the lender's and City’s specifications and provides financing in the form of down payment assistance. i. Public Housing and Residential Initiatives The City understands the benefits of improving public housing and resident initiatives. To improve the lives of families residing in public housing the City targeted the children to break the cycle. The City will continue to work and strengthen our relationship with the Clearwater Housing Authority (CHA) to foster innovative public housing developments, potential joint ventures and residential initiatives. During this reporting period, the Clearwater Housing Authority assisted 1,095 families per month through their Housing Choice Voucher Program. Also through this program it expended $8,797,400 in Housing Assistance Payments. Clearwater Housing Authority assisted 1,030 families through its Public Housing Program and listed $1.8 million dollars in expenditures. Attachment number 2 \nPage 29 of 62 Item # 5 Second Program Year CAPER 30 8. HOUSING a. Housing Needs The City has been very proactive in fostering and maintaining affordable housing. Although the City cannot control the cost of labor, goods or land costs, the City continues to look for new and creative ways to address the issue of affordability. Some of the steps the City has taken in the past and/or is currently doing include: · Design homes that are practical and efficient · Subsidize impact fees · Provide financing at below market rates, zero percent and/or deferred payment loans · Fund subrecipients to acquire vacant properties and build affordable houses · Work with subrecipients to acquire homes foreclosed by HUD and resell them as affordable housing units · Pay for infrastructure improvements with general revenue funds · Change the City’s Development Code to address other development issues · Work with the local housing authority to buy property and resell for affordable housing · Work with developers to put together applications for funding through the Low-Income Housing Tax Credit Program, State of Florida Housing Bond Program and other resources to build or rehabilitate rental units for affordable housing b. Specific Five-Year Housing Objectives Housing Objective One: Build 25 new mixed-income rental units in conjunction with ongoing redevelopment/revitalization projects. · Federal Funds: HOME/CBDG · State/Other Funds: SHIP, FHFC programs Housing Objective Two: Acquire and/or rehabilitate 40 units in small rental complexes for mixed-income affordable rental housing. · Federal Funds: HOME/CBDG · State/Other Funds: SHIP, FHFC programs Housing Objective Three: Preserve the existing housing stock by rehabilitating 50 units owned by low-income owner households. · Federal Funds: HOME/CBDG · State/Other Funds: SHIP Housing Objective Four: Preserve the existing housing stock by funding the acquisition and rehabilitation/expansion of 25 existing units for new low-income owner households. · Federal Funds: HOME · State/Other Funds: SHIP Attachment number 2 \nPage 30 of 62 Item # 5 Second Program Year CAPER 31 Housing Objective Five: Provide direct down payment/closing cost assistance to 80 low and moderate-income homebuyers. · Federal Funds: HOME · State/Other Funds: SHIP, HFA Bonds Housing Objective Six: Construct 80 new affordable, for sale, in-fill units in support of the City’s ongoing revitalization/redevelopment activities. · Federal Funds: HOME/CDBG · State/Other Funds: SHIP Housing Objective Seven: Provide credit counseling and homeownership training assistance to 80 perspective low-income homebuyers. Committed Projects c. Housing Accomplishments Goals Actual FY 2011/12 Actual FY 2012/13 Actual FY 2013/14 Actual FY 2014/15 Actual FY 2015/16 Total Build Mixed Income Rentals 25 5 14 19 Acquire/Rehab Mixed Income Rentals 40 256 0 256 Rehab Low- Income Owner Housing 50 14 7 21 Acquire/Rehab Low-Income Housing 25 3 3 Down Payment Assistance Low-Income Housing 100 14 18 32 Build New Affordable Housing 80 26 12 38 Housing Counseling 80 13 18 31 Total Housing Units 320 315 54 369 Attachment number 2 \nPage 31 of 62 Item # 5 Second Program Year CAPER 32 During FY 2012-13, the City made a total of seven owner-occupied rehabilitation loans with CDBG, HOME and SHIP Program funds. There were four CDBG loans, one SHIP loan and two HOME/SHIP loans. During this reporting period, four CDBG-only were provided to families between 50- 80% of area median income (AMI). One SHIP-only loan was provided to low to moderate income families. There were six loans made to families at 50-80% of median income. One HOME/SHIP loan was made to a family at less than 50% of AMI while one was between 50-80% of AMI. Homeowner rehabilitation produced $97,483.29 in expenditures from the CDBG Program with an additional $60,835.95 in SHIP funds and $44,435.32 in HOME funds. The total expenditures from all funds were $202,754.56. The City offers several programs that help make housing more affordable to very-low and moderate-income homebuyers. The City’s Home Ownership Program will lend funds to purchase land, provide down payment assistance, pay impact fees, pay disposition and closing costs, providing down payment and closing cost assistance to purchase new and existing homes and build new homes for income eligible home buyers. Funds in this program are also available to approved non-profit agencies financing their clients home ownership needs. Currently these agencies include: · Habitat for Humanity of Pinellas County · Habitat for Humanity of Pinellas County Community Housing Development Organization, Inc. · Largo Area Housing Development Corporation · Tampa Bay Community Development Corporation In this reporting period, $52,716 in CHDO HOME funds was expended by Pinellas County Habitat for Humanity Community Housing Development Organization. These funds were used to purchase three lots to build new single family homes. Two homes were built on the lots. The City’s Down Payment and Closing Cost Program provided new homebuyer opportunities to eighteen (18) families. All of the families assisted had incomes between 50-80% of area median with the exception of three SHIP-only loans. The average purchase price of the homes was $100,021. The City did not provide a pool for home buyer counseling programs. Instead the City provided housing counseling services to homebuyers who participate in the HOME Homebuyer’s Program. All of the education and counseling programs were funded through the HOME Program. Eighteen (18) participated in both TBCDC Programs (Homeownership Counseling and Homebuyer Education Programs). 9. HOME Program a. Assessment of Relationship of HOME Funds The City received an allocation of $301,560 in HOME Entitlement Funds for FY 2012-13. The majority of the funds were set aside for housing development. The table shows how funds for the entitlement allocation were budgeted this reporting Attachment number 2 \nPage 32 of 62 Item # 5 Second Program Year CAPER 33 period: Activity Budget Expended Subrecipient Housing Pool $226,170 0 Community Housing Development Organizations $45,234 0 Program Administration $30,156 $30,156 TOTAL $30,156 $30,156 Funds set aside in the Subrecipient Housing Pool may be used for homeownership rehabilitation; new single-family housing construction, down payment and closing cost assistance, acquisition of real property and other related housing costs. Funds set aside for the Community Housing Development Organization were awarded to Habitat for Humanity of Pinellas County Community Housing Development Organization, Inc. The table lists the activities by which the funds were committed expended during this reporting period with the FY 2012-13 entitlement allocation, program income and reprogrammed funds from prior years. Activity Committed Expended Rehabilitation Owner-Occupied $218,640$44,435 Administration/Program Delivery Costs $59,368$44,762 Rental Housing Rehabilitation $304,466$228,834 Community Housing Development Organizations $45,234$153,391 Down Payment and Closing Costs Assistance $470,534$201,223 New Construction/Single Family $325,902$189,840 New Construction/Rental $346,451$193,029 Acquisition/Rental $82,500$82,942 Total $1,853,095$1,138,456 The City has two (2) certified Community Housing Development Organizations (CHDOs); Pinellas County Habitat for Humanity Community Housing Development Organization, Inc. and Largo Area Housing Development Corporation. The City is currently soliciting other organizations to become eligible as a CHDO. Attachment number 2 \nPage 33 of 62 Item # 5 Second Program Year CAPER 34 FY2012-2013 Consolidated Annual Performance & Evaluation Report (CAPER) Community Development Block Grant And HOME Investment Partnership Programs Budget and Expenditure Summary Prior Year plus Reprogrammed Remaining Activity Budget Funds Expenditures Balance HOME Program Administration* $ 30,156 $ 14,606 $ 44,762 $ 0 HOME Program Housing (Housing Pool) $ 226,170 $ 995,949 $ 711,469 $ 510,650 HOME Acquisition, Transitional Housing $ - $ - $ - Community Housing Development Org. (CHDO) $ 45,234 $ 359,527 $ 153,391 $ 251,370 Rental Housing Development-HOME $ - $ 228,834 $ 228,834 $ - TOTAL** $ 301,560 $1,598,916 $ 1,138,456 $ 762,020 b. HOME Match Report Please see Match Report in Appendix under “IDIS Reports”. c. HOME Inspections, Affirmative Marketing Actions, Outreach to Minority and Women Owned Businesses Twelve rental housing developments were or will be subject to HOME monitoring inspections. The housing developments include Wellington Apartments, Fulton Avenue Apartments, Lexington Apartments, Homeless Emergency Project – SRO 1, Homeless Emergency Project – SRO2, Abilities at Morningside 1, Abilities at Morningside 2, Homeless Emergency Project – Veterans Apartments, Prospect Towers, Inc., Norton Apartments, Pine Berry Senior Apartments, and Alpine. All housing developments provided affordable housing to low to moderate-income tenants. The monitoring visits did not show any areas of non-compliance. 10. OTHER HOUSING PROGRAMS a. State Housing Initiatives Partnership (SHIP) Program Attachment number 2 \nPage 34 of 62 Item # 5 Second Program Year CAPER 35 During FY 2012-13, the City committed the following dollars in association with the development and preservation of loans for housing units for low to moderate-income families with down payment and closing cost assistance for new and existing units. Down Payment and Closing Cost Assistance Loan Program SHIP Funds Expended $142,775 Other Public Funds Expended $0 Owner/Private Funds Expended $1,126,371 TOTAL $1,269,146 The City’s Down Payment and Closing Cost Program provided new homebuyer opportunities to Eighteen (18) families. All of the families assisted had incomes between 50-80% of area median with the exception of the three SHIP-only loans. All of the other non SHIP-only had some form of SHIP assistance as a match. The average purchase price of the homes was $100,021. Rehabilitation Loan Program SHIP Funds Expended $137,093 TOTAL $137,093 One SHIP-only loan was provided to a low to moderate-income family with income of less than 50% of area median income. One SHIP-only loan was provided to low to moderate income families. There were six loans made to families at 50-80% of median income. One HOME/SHIP loan was made to a family at less than 50% of AMI while two were between 50-80% of AMI. The remaining SHIP expenditures of $55,711 were used for the administration of the program. A total of $322,577 in total revenues (allocation, program income and recaptured funds) was deposited into the SHIP Fund during FY 2012-13. These funds were generated through the following: State Annual Distribution $200,898 Program Income $121,679 TOTAL $322,577 b. Emergency Shelter Grants Program The City does not receive any Emergency Shelter Grant Funds. d. Neighborhood Stabilization Program 3 Attachment number 2 \nPage 35 of 62 Item # 5 Second Program Year CAPER 36 Pursuant to federal regulations published in the Federal Register at 75 FR 64322 and regarding Title III of the Housing and Economic Recovery Act of 2008, as amended, and in accordance with Title XII of Division A of the American Recovery Act of 2009, as amended, additional funds were allocated under Section 1497 of the Wall Street Reform and Consumer Protection Act of 2010 for the Neighborhood Stabilization Program 3 (NSP 3) and those established at 24 CFR Part 91 require the City of Clearwater to amend its FY 2010-11 Action Plan to incorporate the proposed FY 2010-11 Neighborhood Stabilization Program Action Plan. The U. S. Department of Housing and Urban Development recently awarded the City of Clearwater $1,385,801 in funding through the NSP 3 Program. The NSP 3 Program is designed to stabilize neighborhoods that have been and continue to be damaged by the economic effects of properties that have been foreclosed or abandoned. The program integrated the following principals: · Retain the Community Development Block Grant distinctive requirements · Target and reconnect neighborhoods · Rapidly arrest neighborhood decline · Assure deep targeting requirements · Ensure continued affordable housing · Support projects that optimize economic activity · Build inclusive and sustainable communities · Coordinate planning and resources · Leverage resources The NSP 3 Program has established five allowable housing strategies for funding. They include using the funds for housing related financing mechanism, acquisition and rehabilitation, land banking, demolition, and redevelopment. The City utilizes its funding in the following manner: Activity Amount # of Units Redevelopment $1,247,221 20 Administration $138,580 TOTAL $1,385,801 20 The target areas identified by HUD include the city-approved Neighborhood Revitalization Strategy Areas to include portions of the North Greenwood, South Greenwood, and East Gateway Strategy Areas. The focus of these proposed activities is to continue construction financing for projects already underway to ensure their success and timely completion. The benefit for moving funding to construction financing is that once the loans are repaid, the City can use those funds as program income for downpayment assistance for these and other properties. The NSP3 funds were allocated to the following projects: Sunset Point Apartments – Boley Centers Attachment number 2 \nPage 36 of 62 Item # 5 Second Program Year CAPER 37 On March 27, 2012, Boley Centers, Inc. submitted a request for an additional $166,451 for additional construction costs and impact fees associated with the project. The total requested for the project was $346,451 in Neighborhood Stabilization Program 3 funds. The Sunset Point Apartments is a proposed fourteen-unit development that will be financed largely with a Section 811 Capital Advance Grant from the U. S. Department of Housing and Urban Development. The HUD 811 grant will pay for a large portion of the construction of the development. Additionally, the HUD 811 comes with a Project Rental Assistance Contract which provides a project based rental subsidy. Boley Centers, Inc.’s proposal was for the cost of the land at $175,000 and closing costs estimated at $5,000. Boley Centers, Inc. estimated that the HUD 811 award would be for $1,787,263. Boley Centers, Inc. would provide an additional $10,000 as the initial capital advance. The total project cost is estimated at $1,975,687. The loan closed on June 13, 2013. Construction is now underway and the units are projected to be completed in the next reporting period. SP Country Club Homes On March 17, 2008, SP Country Club Homes, LLC (the Borrower) entered into a contract with the City of Clearwater to purchase a 2.07 acre parcel to construct and sell a 31-unit townhouse project named “Country Club Homes”. The units would vary from two to three bedroom units and would be sold between $142,000 and $156,000 to eligible homebuyers whose income is less than 120% of area median income. The funding involves an initial commitment from the City utilizing Community Development Block Grant Program in the amount of $700,000. An additional funding commitment from the Suncoast Partnership with funding through the Neighborhood Stabilization Program 2 was also required. This included funding though Pinellas County and Neighborhood Lending Partners. To stimulate construction and home sales, the Borrower requested additional funding in the amount of $475,770 through the Neighborhood Stabilization Program 3 for the development of four town home housing units located at 1281, 1283, 1285, and 1287 Sawgrass Street, Clearwater. The loan closed on November 9, 2013. The developer has completed the four units identified in this loan. Three of the four units have been sold to NSP3 eligible homebuyers. The final unit will be sold in the next reporting year. Habitat for Humanity of Pinellas County, Inc. Habitat for Humanity of Pinellas County, Inc. (Habitat) originally submitted an application on December 19, 2008 for funding in the amount of $600,000 to acquire real property that will be used to build single family homes for low to moderate- income families. The funding was approved through the Pinellas County housing Trust Fund in the form of a deferred payment loan with no interest. The funds will be repaid when each home is sold to an eligible homebuyer. After purchase, Habitat obtained a $124,000 grant from the City through CDBG funds to demolish the structures. Attachment number 2 \nPage 37 of 62 Item # 5 Second Program Year CAPER 38 The said property is located at 1884 Betty Lane and contains approximately 8.81 acres of land. The site is the former Homer Villas, a rental community previously owned by the Clearwater Housing Authority. The acquisition is subject to Habitat building affordable housing units for mixed income families. A minimum of 50 units must be for families whose income is less than 80% of median income. The property acquisition cost was $1,189,350 which equals $20,158 per unit acquisition cost. Other investments in the acquisition/development process included financing from Pinellas County and Neighborhood Lending Partners of West Florida, Inc. On September 29, 2008, Pinellas County provided a HOME Investment Partnership Program loan in the amount of $1.425 million to Habitat for a portion of the acquisition costs and site improvements. Other Pinellas County investments in the development of the housing units included $730,000 in funding through the Neighborhood Stabilization Program 2 on July 29, 2011. Also on July 29, 2011, Neighborhood Lending Partners of West Florida, Inc. provided a revolving line of credit in the initial amount of $500,000 with a maximum principal indebtedness, including future advances of $1 million. To facilitate funding for the completion of 25 units in the subdivision, Habitat requested funding in the amount of $425,000 from the City through its Neighborhood Stabilization Program 3 for construction financing. Loan closed on January 18, 2013. e. Pinellas County Housing Trust Fund The City of Clearwater committed a total of $70,485 in funding through the Pinellas County Housing Trust Fund Program (PCHTF) as a match to federal programs. A total of $140,035 was expended for loans in process for the current and prior fiscal years. The remaining expenditures of $4,433 were used for the administration of the program. The expenditures were used as a HOME Investment Partnership Program match to build two new single family homes by Largo Area Housing Development Corporation. A total of $133,441 in total revenues (allocation, program income and recaptured funds) was deposited into the Pinellas County Housing Trust Fund during FY 2012- 13. These funds were generated through the following: Annual Distribution $0 Program Income $133,441 TOTAL $133,441 f. Brownfields Program The Brownfields Area is one of the oldest sections of the City with a low-income, minority population in the most densely populated county in Florida. The City’s Brownfields area covers all three of the City’s Neighborhood Revitalization Strategy Areas. Attachment number 2 \nPage 38 of 62 Item # 5 Second Program Year CAPER 39 Clearwater has the distinction of being the first state-designated Brownfields area in the State of Florida. It was over ten years ago since the City was awarded its first EPA Brownfields Assessment Grant. The Clearwater Brownfields Area (CBA), with approximately 244 regulatory listed sites located in over 7,000 properties, is spread across more than 1,842 acres. Clearwater defines Brownfields as “redevelopment opportunities that result in viable economic and community development, residential, and open-space/greenspace projects.” The definition reflects a perception of Brownfields that is results-oriented, viewing challenges as opportunities rather than insurmountable liabilities. Over the last decade, the City has moved aggressively to attract funding for its Brownfields program. The City has received a total of $2.9 million in EPA grants and over $1.8 million in state and other Brownfields related funding. Clearwater has conducted over ninety Phase I Environmental Assessments, over seventeen Phase II Assessments, and fourteen sites have been cleaned up and readied for reuse. The City did not have any federal funds for Phase 1 and Phase 2 assessments in this reporting period. On August 5, 2010, the CRA acquired the Car Pro property located at 1359 Cleveland Street (see East Gateway NSRA) for environmental remediation. The City performed all the site assessments and is currently working with FDEP and USEPA to complete remediation of environmental impacts related to historical activities at the site. To date, the City received $325,440 in Brownfields Revolving Cleanup Loan Fund dollars. The City continues to conduct groundwater monitoring at this site. The American Recovery and Reinvestment Act grant funded money for Phase I environmental assessment for the property adjacent to the CarPro project located at 14 S. Evergreen. In 2013, the City approved $822,490 to properly close a landfill site known as Phillip Jones Park and to renovate the site to be used for youth sports, primarily as a football stadium. The project will include the complete renovation of the current football field, fencing, bleachers, press box, parking, goal posts and other miscellaneous site amenities. 11. COMMUNITY DEVELOPMENT The City utilized a strategy of diversification when selecting CDBG eligible activities. During FY 2012-13, funds were allocated for administration, for housing pool activities (rehabilitation, acquisition, disposition, etc.), program delivery costs for the City rehabilitation, infill and economic development program, demolition, public facilities and improvements and public services. FY2012-2013 Consolidated Annual Performance & Evaluation Report (CAPER) Community Development Block Grant Budget and Expenditure Summary Prior Year plus Attachment number 2 \nPage 39 of 62 Item # 5 Second Program Year CAPER 40 Reprogrammed Remaining Activity Budget Funds Expenditures Balance Demolition $ - $36,788 $8,809 $27,979 Relocation $ - $ - Acquisition $ - $ - CDBG Program Administration* $143,999 $ - $143,999 $ - CDBG-PD-ED $10,000 $4,040 $5,960 CDBG-PD-Rehab $140,000 $76,527 $63,473 CDBG-PD-Infill $25,000 $13,415 $11,585 Public Services $101,049 $2,400 $103,224 $225 Fair Housing - CDBG $26,750 $26,650 $100 Public Facilities & Improvements $273,197 $663,621 $229,192 $707,626 CDBG Program Housing (Housing Pool) $244,207 $98,104 $146,103 CDBG Economic Development $ - $35,000 $ - $35,000 TOTAL** $ 719,995 $ 982,016 $ 703,960 $ 998,051 FY 2012-13 CDBG/HOME Projects Public Service Projects 1) Community Service Foundation The City provided funding in the amount of $8,750 to Community Service Foundation, Inc. for salary support to operate a fair housing counseling and housing placement program. The program provides housing services to help lower income families and individuals locate and secure permanent, decent, affordable housing. The program also strives to counsel households on Fair Housing Landlord/Tenant Rights, and to provide emergency food and shelter program rent and mortgage payment assistance. Community Service foundation has been providing social services to low to moderate-income families since 1957 and providing affordable housing services since 1984. Their affordable housing services (Fair Housing Counseling and Housing Placement Program) help lower income families and individuals locate and secure permanent, decent, affordable housing from their office located at 925 Lakeview Road, Clearwater. CSF requested $17,500 from the City to implement the program. The City provided $8,750. The agency’s goal was to serve 120 households. The agency expended $8,750 and assisted 75 households. CSF’s Fair Housing Counseling and Housing Placement & Assistance Program activity promotes fair housing through counseling, advocacy, and education. Ours HPS reviews Florida fair housing statutes with clients as appropriate, educating them as to tenant/landlord responsibilities and rights. The program provides strong support and definite action to assist the City in meeting this priority to assist clients with counseling, placement services, and housing assistance. Attachment number 2 \nPage 40 of 62 Item # 5 Second Program Year CAPER 41 The funds provided by the City were used to pay salary support for the Housing Placement Specialist to provide this service. The CSF Housing Placement Specialist networks with Pinellas County landlords, Realtors, and public and private agencies to establish and maintain a listing of available rental properties. The specialist also maintains a list from newspapers, housing publications, and the internet. In addition to housing placement, the specialist reviews the federal and state statutes and guidelines with clients to educate them as to tenant/landlord responsibilities and rights and resolve fair housing issues. The goals for FY 2012-13 were to assist resident renter households find affordable housing; place or keep lower-income households in permanent housing; lend support to dealing with stress associated with housing issues; encourage self-sufficiency and responsible financial management by offering budgeting classes. More specifically, the program will (1) provide 120 Clearwater households coming out of temporary or transitional housing or in need of housing with securing housing; (2) counsel and educate 60 households on landlord/tenant rights; (3) Obtain funds when available from the State, FEMA, or other sources to obtain financial assistance; (4) offering support to 120 household dealing with stress; and (5) offering budgeting classes. The agency projected an $888,300 budget for FY 2012-13. The operating budget for the fair housing/housing placement program was $70,000. The funding resources for the program include the city of Clearwater, City of Largo, FEMA, and other private grants. 2) Gulf Coast Legal Services The City provided funding in the amount of $18,000 to Gulf Coast Legal Services, Inc. for salary support to implement the agency’s Legal Aid to Preservation Housing Project. The project seeks to provide legal assistance for low and moderate-income residents of Clearwater who are victims of predatory lending practices, foreclosure rescue scams, persons who are experiencing or who have experienced discrimination and/or fraud in housing and to remedy these matters through negotiation, mediation or litigation and to assist residents in filing complaints regarding violations of Fair Housing Laws. The agency’s goal was to serve 80 individuals. The agency expended $17,900 and assisted 178 people. Gulfcoast Legal Services is located at 314 South Missouri Avenue, Suite 109, Clearwater, Florida 33756. Gulfcoast requested $30,000 to pay the partial salaries for two attorneys to implement their Legal Aid to Preserve Housing program. The goals of the program is to provide access to legal counsel and direct representation for 100 low to moderate income homeowners and tenants; prevent foreclosure or eviction through the means of negotiation, mediation or litigation with a success rate of 89 percent of all projects accepted; make material available to tenants and homeowners of their rights and conduct three outreach seminars to inform the elderly, disabled and individuals for whom English is a second language about their fair housing rights. Gulfcoast Legal Services’ Legal Aid to Preserve Housing project seeks to provide legal assistance for moderate income and low income residents of Clearwater who are victims of predatory lending practices, foreclosure rescue scams, persons who are experiencing or who have experienced discrimination and/or fraud in housing and to remedy these matters through negotiation, mediation or litigation and to assist residents in filing complaints regarding violations of Fair Housing laws. Gulfcoast Legal Services is a HUD Housing Certified Counseling agency in the areas of pre- Attachment number 2 \nPage 41 of 62 Item # 5 Second Program Year CAPER 42 purchase counseling, Fair Housing pre-purchase, pre-purchase education workshops, predatory lending education workshops, pre-purchase home buyer education, mortgage delinquency and default resolution counseling, resolving/preventing mortgage delinquency workshops, financial management and others. The program will provide legal assistance and representation for low and moderate income residents of Clearwater who are threatened with unlawful eviction or who have become victims of fraud. 3) Pinellas Opportunity Council The City provided funding in the amount of $12,000 to Pinellas Opportunity Council, Inc. for salary support to implement the agency’s Chore Services Program. The program promotes better livable opportunities by providing services to the elderly and frail elderly. The services will help to alleviate blight and blighting conditions, reduce crime, and create a sense of pride in their community by providing heavy household cleaning, yard work and minor repairs. The agency’s goal was to assist 40 elderly households. The agency expended $12,000 and assisted 40 elderly households. Pinellas Opportunity council is a private non-profit community action agency that has served Pinellas County for over 40 years. The agency was incorporated on September 17, 1968. POC mission is to help alleviate poverty and promote self- sufficiency and to revitalize local communities. POC has operated Chore Services for over thirty years .Chore services provide heavy household cleaning and yard work for those clients where this is no one else capable of or responsible to accomplishing these tasks. Other services include routine house or yard tasks including such jobs as seasonal cleaning; yard work; lifting and moving furniture, appliances or heavy objects; household repairs that do not require a permit or specialist; and moving services. The agency presently has 352 clients on their waiting list. Eight percent are from the city of Clearwater. This shows the need for additional resources. The agency’s goal is to serve 40 Clearwater clients. The agency clients are the elderly and frail elderly. The Chore service office is located at 4039 8th Avenue South, St. Petersburg. The agency emphasis will be placed on serving clients in the city’s neighborhood revitalization areas. The agency served 66 clients in these areas last year. The services provided by chore services allow the elderly to remain in their homes and not be institutionalized. The agency assists homeowners and renters. Their clients are referred to them by various agencies including the local housing authority, the city code enforcement. The agency assisted 40 households. 4) Safety Harbor Neighborhood Family Center The City provided funding in the amount of $12,000 to the Safety Harbor Neighborhood Family Center for salary support to operate the Neighborhood Family Center. The Bridge the Gap project is a combination of services to help individuals and families survive; stay in their homes and to keep the families together by providing food, clothing, hygiene products, baby needs, job training, and financial assistance. The agency’s goal was to assist 500 families. The agency expended $12,000 and assisted 413 families. The Safety Harbor Neighborhood Family Center is a non-profit human service organization with a designated service area of Eastern Clearwater, Safety Harbor and Attachment number 2 \nPage 42 of 62 Item # 5 Second Program Year CAPER 43 Oldsmar. The agency’s mission is to nurture and strengthen children youth, adults, their families, and communities through support services, education, and collaborative partnerships to improve lives and achieve self-sufficiency. To accomplish this mission, the agency established The Bridge the Gap Project. The program is a combination of services to help individual and families survive, stay in their homes and keep the family together. It does this by providing critical basic needs, financial assistance, career development and school readiness/school success. Critical basis needs include food, clothing and hygiene products. These products are made available to individuals and families through their food bank. In the past year, the agency has also provided back packs to needy children in the community. Financial assistance is provided through limited financial support to families facing shut off of water or electric. Transportation assistance and housing emergencies such as gas vouchers, and bus passes and rental assistance is also provided. The center is also an ACCESS site where families can apply for food stamps, Medicaid and cash assistance. The third component is Career Development. The agency’s Family Assistance Coach works one on one with individuals to help them achieve their goals by providing financial assistance for training, uniforms, books etc. Their Job Club works with Worknet Pinellas to provide job information, resume review and job searches. The final component, school readiness/school success is addressed through providing school back packs which provide the children with the tools needed for school. Through these programs the agency has established goals of providing 209 families with food, clothing and hygiene products. The agency will also serve 122 families with direct or indirect financial support; assist 20 families with career issues and training and provide educational supplies and/or tutoring to 149 children. The agency requested $29,931 from the city for salary support for the Computer Coordinator and part time staff instructor. The agency has an overall budget of $425,868. The agency assisted 394 individuals. 5) Willa Carson Health Resource Center The City provided funding in the amount of $12,000 to the Willa Carson Health Resource Center for salary support to operate a health facility. The center provides accessible, quality, culturally sensitive health care to the uninsured and underserved at no cost. The health care services include blood pressure screenings, diabetic screening, cholesterol testing, clinical breast exams, educational programs, school and work physicals any treatment of minor illnesses. The agency’s goal was to assist 800 individuals. The agency expended $12,000 and assisted 357 unduplicated individuals. Willa Carson Health and Wellness Center, Inc. is a non-for-profit health care facility whose mission is to provide accessible, quality, culturally sensitive health care to uninsured and underserved at no cost. The agency primary focus is serving residents of the North Greenwood Revitalization Strategy Area. The Center is located at 1108 N. Martin Luther King, Avenue, Clearwater. It provides blood pressure and diabetic screening, cholesterol testing, clinical breast exams, monthly educational luncheon programs, community outreach and marketing educational programs through newsletters and social media on the treatment of high blood pressure, high cholesterol, diabetes and other minor illnesses. Attachment number 2 \nPage 43 of 62 Item # 5 Second Program Year CAPER 44 The agency has three main goals. Goal number one is to promote optimal health of the medically underserved citizens of the North Greenwood community. This will be accomplished by educating, monitoring and treating 800 individuals on hypertension, diabetes, heath disease, breast cancer, colon cancer and other minor illnesses. The second goal is to increase awareness and participation in the management of the individual health care of the medically underserved citizens of the North Greenwood Community. This will be accomplished by increasing the number of Clearwater residents recruited and screened from 259 to 350 individuals and continuing partnerships with other community services. The last goal is to diversify revenues by leveraging resources to increase the annual budget by 10%.The agency requested $30,000 in salary support for their health care facility that maintains a budget of $219,793. The agency reportedly assisted 357 individuals. 6) WestCare GulfCoast Florida The City provided funding in the amount of $15,000 to WestCare GulfCoast Florida, Inc. for salary support to operate the Turning Point overnight shelter. The shelter provides an overnight facility for homeless persons under the influence of drugs and/or alcohol. It operates as an inebriate receiving and intervention program that provides for a 24-hour sobering up area, intensive case management, and placement service. The agency’s goal was to serve 150 homeless Clearwater individuals. The agency expended $15,000 and assisted 183 homeless Clearwater individuals. WestCare Florida, Inc. is part of the WestCare family of tax-exempt nonprofit organizations that provide a wide spectrum of health and human services in both residential and outpatient environments in nine states throughout the United States. It was founded in 1973 with the mission to empower everyone with whom the organization comes into contact to engage in a process of healing, growth and change, benefiting themselves, their families, coworkers and communities. The request for funding is for Turning Point. Turning Point was created to open an Inebriate Receiving and Intervention Program to provide services to homeless persons suffering from chronic alcoholism/drug addiction many who are also living with a mental illness. WestCare Florida’s A Turning Point Emergency Shelter plays a pivotal role in the community’s joint effort to rehabilitate homeless individuals. The program provides case management, counseling, coordination of services for clients being evaluated for psychiatric services. Their goal is to provide the following services: Substantial abuse and mental health assessments and referrals, individual and group counseling, individualized physical health assessments by an LPN, linkage and referrals to community based services, access to healthcare, crisis intervention services, life skills training, supervision of self administer meds, benefits application assistance, and services for HIV Infected clients. A Turning Point operates in three phases to help clients begin their rehabilitation through the recovery and transition stages needed to achieve self-sufficiency in their facility located at 1801 Fifth Avenue North, St. Petersburg. Phase I is a 24 hour sobering up area where law enforcement can bring (non- criminal) street inebriates for quick assessment and short term respite in lieu of jail. Walk-ins, referral from local hospitals and other social service agencies are accepted. Attachment number 2 \nPage 44 of 62 Item # 5 Second Program Year CAPER 45 Upon sobering up the individuals are offered counseling and support, linkages to needed services, food and clothing. Phase II offers intensive case management services for those who indicate a desire for help. Individuals are assisted in finding suitable placement to begin their rehabilitation. Phase III provides structured opportunities to clients who have obtained a placement but who may be required to wait at the facility for two to six weeks. Their goal is to assist 150 Clearwater clients. The agency requested $30,000 for salaries and benefits for the $1,202,996 budgeted program. The agency’s total budget for all of its operations is $6,420,753. The agency assisted 183 individuals. 7) Kimberly Home, Inc. The City provided funding in the amount of $8,049 to the Kimberly Home, Inc. for salary support to operate a pregnancy counseling program and provide supportive services to pregnant youths in their transitional housing program. The agency provides housing, education, case management, counseling, life skills training, and other supportive services. The agency’s goal was to assist 60 youths. The agency expended $8,049 and assisted 218 pregnant youth. The Kimberly home has been supporting pregnant and parenting young women, children and families of Pinellas since 1983. Over the past 29 years, they have expanded their programs to include: pregnancy and ultrasound testing; a pre-natal and parenting education program that offers life skills training in childbirth, baby care, nutrition, money management, birthing, breastfeeding, parenting, and other related topics; case management, infant and toddler daycare; adoption services, transitional housing; and material assistance such as maternity and infant clothing; baby food and formula, diapers; wipes, cribs, strollers, etc. The pregnancy counseling center’s various programs provide services to an average of 2400 women, children and families per year. The licensed clinical social worker provides in-depth case management after a clinical assessment for 59 of those clients last year. The transitional Housing Program, initiated in 2000, was designed to provide temporary residence and counseling for expectant mothers who are struggling with maintaining independence and who have no place to reside. It answers their emotional needs by providing a safe, secure and nurturing environment, where they can easily access community resources, develop a plan for their future to learn how to care for their babies, and become self-sufficient independent women. The homes utilized for the program are located on site and can serve up to 11 expectant or new mothers and their children at one time. On average they receive 15 requests per month for housing. Last year, of the 180 inquires, 65 clients participated in the intake process and 17 were successfully admitted to the program. Of those who were not admitted reasons include lack of vacancy lack of completion of requirements by the client, and change in client situation. The program also accepts referrals and works closely with other agencies such as healthy start, Healthy Families and PAR. There was an increase in referrals of clients from Pinellas Emergency Mental Services, most of who are in need of professional counseling. The average length of stay is typically 3-6 months after delivery. The goal of the program is to ensure that when a client leaves she will have gained the education, self-confidence and life skills to remain independent. Case Attachment number 2 \nPage 45 of 62 Item # 5 Second Program Year CAPER 46 management is an integral part of this program, since most of the clients come from dysfunctional family situation and struggle with multiple issues. With appropriate guidance and professional counseling, it is more likely that the agency can successfully reduce the rate of recidivism with this population. It is for that reason that the agency saw the need to hire a licensed clinical social worker. Budget constraints have limited the agency to retaining her only in a part time position. Last year’s grant provided partial funding for this position; however due to an increase in clientele and the expansion of the housing program, the number of clients needing special assistance has grown exponentially. The agency requested $30,000 for salaries and fringes. The total program budget is $129,700. Seventy-five % of those receiving comprehensive counseling show a significant change attitude and behavior as well as an increase in knowledge and practical life skills. Seventy-five % will level the program to transition into suitable housing. Eighty percent will obtain employment or become enrolled in educational programs. 8) Intercultural Advocacy Institute The City provided funding in the amount of $12,000 to the Intercultural Advocacy Institute for salary support to implement a Youth Leadership Partnership Program. The program provides leadership and mentoring opportunities to youth in the 6th and 7th grades. The program focus is to provide the tools and resources necessary to help youth develop leadership skills plus strong sense of identity and in turn, grow leaders from within the community to serve as role models for their peers and younger student population. The agency’s goal is to assist 15 students. The agency expended $11,775 and assisted 42 students. 9) Catholic Charities, Inc. The City provided funding in the amount of $12,000 to Catholic Charities for salary support and to purchase tents for the homeless at Pinellas Hope. The agency expended $12,000. The agency assisted 297 homeless individuals. Catholic Charities, Diocese of St. Petersburg, Inc. requested $30,000 to support the operations of Pinellas Hope which includes a portion of case manager and sleeping bags and tents. Pinellas Hope is a temporary homeless shelter facility for men and women located at 5726 126th Avenue North, Clearwater. It is an innovative program combining financial and program resources of a wide-variety of partners including faith-based, government, public, private and individuals to address street homelessness. Pinellas Hope provides 289 homeless men and women the opportunity to sleep undisturbed, take a shower, utilize on-site laundry facilities and have a hot meal. It also provides case management, linkages to community support services including healthcare, mental health care, social benefits, substance abuse counseling services, job placement and a path out of homelessness. For the 12-month period from July 1, 2010 – June 30, 2010 Pinellas Hope served 1,339 unduplicated clients for which 53% were successfully stabilized and transitioned out of homelessness exceeding the program goal of 40%. The agency’s goals, during the FY 2012-13 fiscal year, were to secure stable transitional or permanent housing upon program discharge or care closure for 45% of shelter residents, obtain/maintain employment or some source of income by Attachment number 2 \nPage 46 of 62 Item # 5 Second Program Year CAPER 47 program completion/discharge or case closure to 25% of shelter residents, and educate shelter residents to maintain a residence for six months after program completion with a 40% success rate. The agency maintains a highly trained staff to provide these services. Catholic Charities maintained an annual operating budget of $11,936,032 in fiscal year 2011- 2012. The anticipated budget for Pinellas Hope was $2,543,301 for the 2012-13 fiscal year. During the FY 2012-13 period, the City provided $12,000 to the agency to meet the program objectives. These funds allow the agency to maintain a case management job and purchase sleeping bags and tents for the homeless. The agency assisted 297 homeless individuals. 10) Homeless Emergency Project, Inc. For over 25 years HEP has provided a holistic continuum of care approach addressing the physical, mental and social conditions of the individual or family, as they access emergency, transitional and permanent affordable housing. Its facilities are located at 1120 North Betty Lane, Clearwater and are also in the North Greenwood Neighborhood Revitalization Strategy Area. The agency assisted 799 clients. The approach is designed as an innovative, cost effective strategy that is guided by the concept that transitioning homeless individuals and families from shelter into permanent housing, while continuing to provide supportive services, prevents recurrent homelessness. HEP various programs provide meals, clothing and supplies, computer and telephone access, transportation assistance, case management, life skills training, vocation, medical, dental, and mental health care, referrals to other assistance and many other services to address the homeless population. In 2011, HEP admitted over 1,500 homeless adults and children. Residents in their Transitional and Permanent Housing Programs increased their incomes by 100% through training, employment and by accessing mainstream resources. Ninety percent improved their health outcomes. Another 90% of youth participating in the after school programs demonstrated significant academic and behavioral improvements. Less than 15% of all HEP guests returned to homelessness in 2011. HEP requested $30,000 from the City for salary support for one case manager in the HEP Emergency Shelter program. The Emergency Shelter is a comprehensive homeless rehabilitation center that offers temporary shelter and an array of services that are designed to facilitate the homeless person’s transition from sleeping on the streets to a place that decent and safe. The shelter provides free homeless housing for up to 90 days. The program is open and operates 24 hours/day 7 days/week and remains filled to capacity throughout the year. Public Facilities and Improvement Projects 1) Religious Community Services, The Havens The City provided funding in the amount of $273,197 to Religious Community Services, Inc. for construction costs to develop an office building for the Havens of RCS. The Havens of RCS is a facility that offers housing and supportive services for Attachment number 2 \nPage 47 of 62 Item # 5 Second Program Year CAPER 48 victims of domestic abuse. The agency’s goal was to serve 10,000 domestic violence victims (women and children). The agency expended $90,836 and assisted 8,844 families. The Havens of RCS, founded in 1981, provides a 36 bed emergency shelter for up to 45 days to women and their children and supports an 11 unit, 2 year Transitional Living Program. Their goal is to provide safety, support and education to anyone impacted by domestic violence and to advocate for social change to end the violence. Domestic violence knows no demographic boundaries and is found across all socioeconomic groups, races, ethnicities, religions, and educational levels. RCS has learned that the biggest barriers a woman faces in trying to leave an abusive relationship are lack of affordable housing and inadequate education to secure meaningful employment. For a victim to break free of abuse she must be empowered with the resources to achieve self-sufficiency for herself and her children, such as job training, employment assistance, and/or educational opportunities as well as securing permanent, affordable housing. RCS requested $523,000 of the amount needed of $1,530,000 to demolish its dilapidated building and build a new facility to provide the services needed to address the domestic violence issues. The City has previously allocated $50,000 for the design phase through funding through the prior CDBG allocation. Once the facility is completed, it will house the Outreach Program. The program provides legal advocacy, one on one counseling advocacy, along with 8 weekly support groups. The services will include referrals to other appropriate agencies, 911 cell phones, children’s advocacy, assistance with food and transportation, household necessities and relocation funds through the Attorney General’s Office. In addition, the Haven’s of RCS Outreach Program works with thousands of youths in violence prevention curriculum and dating abuse awareness campaigns. The in- school violence prevention programs focus on conflict resolution, and understanding diversity, which are instrumental in dropout prevention and student retention. The agency budget for FYE 9/30/2012 was $3,495,728. The agency assisted 8,844 individuals and families. 2) North Greenwood Athletic Fields The City provided and additional $56,825 to the $370,000 in CDBG funding previously provided to construct a full size lighted multi-purpose athletic field for soccer and football practice in the North Greenwood Community. The field would be developed on an existing grass area that is temporarily used for parking at the Jack Russell Stadium. The construction will include raising the area with fill dirt, irrigation, grassing, fencing and lighting. The field will be used primarily by the Greenwood Panthers Youth Football program the provided structured recreational activities for the youth in the North Greenwood Community. 3) Lake Bellevue Police Substation The City provided funding in the amount of $4,609 to paint the Lake Bellevue Police Substation. Housing Attachment number 2 \nPage 48 of 62 Item # 5 Second Program Year CAPER 49 The City provided FY12-13 CDBG/HOME funding in the amount of $226,170 and prior year funding in the amount of $1,240,156 ($244,207 in CDBG and $995,949 in HOME) to agencies in the City’s Housing Pool to acquire and/or develop real property, rehabilitate homes or rental units or provide down payment and closing cost assistance to eligible low to moderate-income families. Eligible agencies included in the housing pool were Largo Area Housing Development Corporation, Inc., Habitat for Humanity of Pinellas County, Inc., Habitat for Humanity of Pinellas County Community Housing Development Organization, Inc. and Tampa Bay Community Development Corporation. The City expended $809,573 ($98,104 in CDBG and ($711,469 in HOME) and assisted 25 families with owner-occupied funding. A total of $228,834 in HOME funds was expended for rental activity. An additional $45,234 was provided to an eligible Community Housing Development Organization (CHDO) to acquire and/or develop or rehabilitate real property through this year’s allocation. The previous balance on hand from prior year unspent funds were $359,527, therefore providing the City with a beginning budget of $404,761 to fund CHDO projects. The City expended $153,391 during this reporting period. A detail listing of housing activities is illustrated in the rental housing strategy, homeownership strategy and homebuyer strategy sections at the beginning of this report. Other Projects Through funding provided from the FY 2012-13 allocation and prior year funds, the City expended $8,809 in CDBG funds for demolition costs, $143,999 in CDBG and $44,762 in HOME funds for administration, $4,040 in CDBG funds for economic development program delivery costs, and $76,527 in CDBG funds for rehabilitation program delivery costs and a total of $13,415 in CDBG funds for infill program delivery costs. a. Nature and Reasons for Any Changes to Objectives There were no changes or amendments to program objectives. b. Assessment of Grantee Efforts to Carryout Planned Actions The City maintains a consistent process to certify that agencies/non-profits, or subrecipients who request funding through the City’s Programs are eligible. The process begins in late February when the City publishes a Notice of Funding Availability. The notice identifies the amount and type of funds available and their eligible uses. The agencies complete an application for funding that is available March. The application is due in April. Along with the application, the agencies also provide a copy of their audit and budget. City Housing Staff review each application for eligibility. A Technical Review Committee will evaluate each application through a competitive ranking system. Their results are forwarded to the City’s Neighborhood and Affordable Housing Advisory Board for approval. Once approved, the recommendations and a notice of public hearing are published in the local newspaper for public comments in May. After the public comment period, the recommendations and public comments are forwarded to the City Council for approval in July. After approval, the Consolidated Action Plan is forwarded to HUD for Attachment number 2 \nPage 49 of 62 Item # 5 Second Program Year CAPER 50 approval. After HUD approval, the City prepares and executes the subrecipient agreements in September for an October start date. To ensure program success, the subrecipients are monitored continually. This process is detailed in the monitoring section of this report. 1. All resources (CDBG, NSP3, HOME, SHIP and Pinellas County Housing Trust Fund) listed in the Consolidated Plan were obtained through federal, state and local funding. 2. In addition to CDBG, HOME and SHIP funds, the City was successful in obtaining private sector leveraging for new housing construction and financing home purchases. c. Actions of Funds Used Outside the National Objectives All CDBG funds were used for activities that meet the national objectives. d. Acquisition, Rehabilitation and Demolition Narrative Neither the City, nor its subrecipients, acquired or rehabilitated buildings that resulted in the displacement of business, individuals or families as a result of projects funded with CDBG or HOME dollars. All properties that were acquired with CDBG funds were voluntarily obtained and mostly vacant parcels. The City’s subrecipients purchased all properties acquired during this reporting period. They include Habitat for Humanity of Pinellas County and Habitat for Humanity of Pinellas County Community Housing Development Corporation. When subrecipients become interested in a property they want to acquire, the following steps are required: 1. The subrecipient informs the property owner they are interested in the property. 2. The subrecipient sends out HUD Guide Notice-Disclosures to Sellers with Voluntary, Arm’s Length Purchase Offer. 3. The subrecipient informs the owner they do not have the power of Eminent Domain and the purchase would strictly be a voluntary transaction. 4. If the owner is interested in selling the property, an appraisal is obtained. 5. The subrecipient determines just compensation for the property. 6. The subrecipient offers just compensation to the owner. 7. The owner agrees to the offer, the subrecipient may purchase the property. 8. If the offer is not acceptable to the owner, both parties walk away from the deal. Temporary relocation benefits were provided to eligible homeowners while their homes were being rehabilitated. Temporary benefits include moving, storage, temporary rents, and utilities. e. Economic Development Narrative The funds allocated to the City through the various housing programs has always been viewed from the standpoint of providing services and not providing an Attachment number 2 \nPage 50 of 62 Item # 5 Second Program Year CAPER 51 economic development component. The economic development component is show in the amount of leverage these funds generate in housing. Through the commitment of $709,803 in funding through the HOME, SHIP and Housing Trust Fund, the city was able to leverage $1,662,104 in private sector financing. This has resulted in a 2.34 ratio, for every dollar the city committed another entity committed more than two dollars. Through funding provided in public services, public facilities and housing, the City was able to maintain jobs and create additional ones. In the public services arena, the City was able to provide funding so that non-profit agencies can maintain operations and jobs through the funds provided for salary support. These jobs are as follows: Agency Jobs Retained Catholic Charities, Inc Case Manager Community Service Foundation Housing Placement Specialist Gulfcoast Legal Service Attorney InterCultural Advocacy Institute Family Facilitator/Youth Specialist The Kimberly Home Residential Advisor Pinellas Opportunity Council Program Manager Safety Harbor Neighborhood Family Cntr. Administrative Specialist Westcare of Florida Counselor Willa Carson Health Resource Center Nurse Practitioner In the public facilities and housing arenas, jobs can be created by the increase in opportunities provided through the additional resources provided to the businesses or retained by keeping the capacity. The list below shows various businesses that have been impacted by the various City funded projects: Religious Community Services, Inc. The Havens – Office/Outreach Redevelopment Project Jobs needed for this project include the following: surveyor, truck driver, heavy equipment operators, lead/asbestos inspector, environmentalist, demolition contractor, general contractor, subcontractors to include roofers, laborers, electricians, plumbers, parking lot pavers, concrete finishers, landscapers, irrigation specialists, moving companies, appraisers, civil engineers and others. North Greenwood Athletic Fields Jobs needed for this project include the following: sod installer, irrigation specialist, laborers, lighting installers, fencing installers, electricians and others. Lake Bellevue Police Substation The job needed to paint the Police Substation was a painting contractor. The jobs needed for housing activities vary from providing down payment and closing cost assistance to rehabilitation. The jobs needed for providing each down payment and closing assistance on each project include: an appraiser, surveyor, title agent, banker, loan underwriter, insurance agent, loan closer, intake officer, inspector, loan counselor, and others. Jobs needed for new construction and Attachment number 2 \nPage 51 of 62 Item # 5 Second Program Year CAPER 52 rehabilitation include the same as above with the exception of various trades needed to build or repair a home. For FY 2012-13, the City expended $4,040 for Economic Development Program Delivery. The program delivery costs were associated with managing the economic development loan portfolio. These costs include, but are not limited to, collecting on unpaid loans, sending out late notices, maintaining data in the City’s financial system, and reevaluating loans. Currently, the City has suspended its Economic Development Revolving Loan Program and is reviewing options on its status. At the end of this reporting period, the balance in the City’s Economic Development Revolving Loan Program was $220,898. The City continued a façade improvement program with these funds. f. Limited Clientele Narrative The City and its subrecipients maintain files that document all clients who qualify for the limited clientele designation. g. Loans and Other Receivables The City maintains three revolving loan funds: the Rehabilitation Revolving Loan Fund to rehabilitate owner-occupied housing, the Economic Development Revolving Loan Fund to provide loans to for-profit businesses, and an Infill Housing Revolving Loan Fund to acquire real property to build new owner-occupied housing. The Rehabilitation Revolving Loan Fund has a cash balance at the end of the reporting period of $282,564. The Infill Housing Revolving Loan Fund has a cash balance at the end of the reporting period of $292,645. The Economic Development Revolving Loan Fund has a cash balance at the end of the reporting period of $220,898. Please see Financial Summary Report for other loans and receivable information. h. Lump Sum Agreements The City does not provide lump sum drawdowns. 12. NEIGHBORHOOD REVITALIZATION STRATEGY AREAS The City of Clearwater’s Neighborhood Revitalization Strategy (NRS) is a component of the City’s Five-Year Consolidated Plan. The strategy was established to promote a flexible design in the City’s allocation of funds provided by HUD and CDBG to promote innovative programs in economically disadvantaged areas of the City. The NRS provides for enhanced regulatory flexibility in the program requirements for providing CDBG funds for economic development, housing and public service activities. In terms of economic development relief, the strategy allows job creation or retention efforts by businesses not to be hampered by requiring them to track the Attachment number 2 \nPage 52 of 62 Item # 5 Second Program Year CAPER 53 income of people hired or retained. Economic development activities carried out in the approved neighborhood revitalization areas are also exempt from the aggregate public benefit standards. The relief for public service activities can be viewed in terms of the regulatory requirements that no more than 15% of the total CDBG allocation may be used for public services activities. Under this strategy, all public services offered within the subject neighborhoods and carried out as part of qualified projects by a Community Based Development Organization (CBDO) are exempt from the public service cap of 15%. Therefore, the City will be able to offer a more intensive level of service to stimulate revitalization. This allows the City to address some of the urgent needs of the disadvantaged community by offering job training and other related economic development assistance. In terms of housing relief, the revitalization strategy will allow the City to track scattered site housing units as a single strategy. This will enable the City to provide housing opportunities to not only very-low to low-income families, but to other families who earn between 80-120% of area median income. This will increase the level of affordable housing units and thereby raise the income level of the neighborhood and in the process create a mixed-income community. There are several non-housing factors that cause a blighting influence on communities. They range from vacant boarded structures, to crime, to lack of commercial/retail activities. The City has three (3) Neighborhood Revitalization Strategy Areas - the North Greenwood Community, Lake Belleview Community, and the East Gateway District. All three have their own goals and objectives. The North Greenwood NRSA has identified the following strategies to improve their neighborhood: · Eliminate poor conditions of structures · Remediate low-level contaminated sites · Reverse declining property values · Expand business opportunities · Create new investment opportunities in the neighborhood · Increase new job training and placement opportunities · Reduce the unemployment rate · Empower neighborhood residents to eliminate crime · Strengthen coordination of community organizations in the redevelopment effort The Lake Belleview (f.k.a. South Greenwood) NRSA has the same general strategies of the North Greenwood Area and has identified the following items as needed in their community: · Additional educational opportunities for businesses · A new neighborhood training facility · A new childcare facility · Job training opportunities · A community library · Additional new homes · Better social services Attachment number 2 \nPage 53 of 62 Item # 5 Second Program Year CAPER 54 · Better collaboration of existing organizations · More crime awareness programs The City has taken several steps over the years to address the strategies in the NRS. Steps include developing a flexible code enforcement program, purchasing and demolishing dilapidated buildings, working with local law enforcement to reduce crime, funding outreach programs and providing loans to small businesses. The East Gateway District is part of the City’s Community Redevelopment Agency area. a. North Greenwood Listed are the projects the City has completed in the North Greenwood NRSA. · North Greenwood Branch Library - (2003) · North Greenwood Recreation/Aquatic Complex - (2003) · North Greenwood Apartments Renovation – (2003) · North Greenwood Corridor Enhancements - (2006) · North Greenwood Reclaimed Water - (2010) · Stevensons Creek Dredging Project – (Ongoing) · North Greenwood Athletic Fields – (2012) · Phillip Jones Park Renovation – (2012) On April 2, 2012, the City provided and additional $56,825 to the previously funded $370,000 in CDBG funding to construct a full size lighted multi-purpose athletic field for soccer and football practice in the North Greenwood Community. The field was developed on an existing grass area that was temporarily used for parking at the Jack Russell Stadium. The construction included raising the area with fill dirt, irrigation, grassing, fencing and lighting. The field will be used primarily by the Greenwood Panthers Youth Football program that provides structured recreational activities for the youth in the North Greenwood Community. In 2012, the City approved $822,490 to properly close a landfill site known as Phillip Jones Park and to renovate the site to be used for youth sports, primarily as a football stadium. The project will include the complete renovation of the current football field, fencing, bleachers, press box, parking, goal posts and other miscellaneous site amenities. In this reporting period, the City provided federal funding for several projects in the North Greenwood NRSA. They include: Public Service Willa Carson Community Health Center $12,000 Public Service Homeless Emergency Project $18,000 Public Facilities North Greenwood Athletic Fields $56,825 TOTAL $86,825 The City is continuing their efforts to rehabilitate homes and develop infill housing in the North Greenwood Area. For this reporting period the City provided funding for two (2) rehabilitation loans. Attachment number 2 \nPage 54 of 62 Item # 5 Second Program Year CAPER 55 b. Lake Belleview (f.k.a. South Greenwood) In 2004, utilizing $2.9 million in general funds, the City built an aquatic/recreation complex, a skateboard park, a fishing pier on Lake Belleview and new baseball fields known as Ross Norton Recreation Complex. In 2008, utilizing $200,000 raised from grants and corporate sponsors, the City partnered with an international organization, Let Them Be Kids, to design and construct a playground at the Ross Norton Recreation Complex. In 2010, utilizing $1.8 million in general funds, the City completed the Lake Belleview Stormwater Improvement project that included major improvements to Lakeview Road from MLK to Missouri Avenues. In 2010, renovations were completed at the Ross Norton Baseball Fields to include bullpens, sod, irrigation and the reworking of the pitching mounds. In 2011, new potable water wells were installed at Ed Wright & Belmont parks. The wells will serve the City’s new reverse osmosis plant currently under construction. In 2011, the in-house traffic calming/ drug interdiction work near Lake Bellevue and Woodlawn Avenue was completed. These are speed humps used to not only calm traffic, but also interrupt the drive-by drug trafficking. In 2012, the City was awarded a matching grant of $200,000 for the design and construction of a 10-foot wide trail for a length of 5,262 linear feet encircling Lake Belleview in Ed Wright and Ross Norton parks. In 2013, the City provided $4,609 to paint the Lake Bellevue Police Substation. c. East Gateway District In 2004, the 260-acre Clearwater Community Redevelopment Area (CRA) was expanded to encompass 176 acres that included the East Gateway District, a distressed neighborhood that serves as the primary gateway to Clearwater’s central business district and beaches. The expansion was viewed as a strategic approach to revitalize the East Gateway, leverage public-private partnerships for economic development and housing, achieve stability in residential and business areas and increase redevelopment potential. Amendments to the Clearwater Downtown Redevelopment Plan in 2004 established Downtown Character Districts. The East Gateway Character District sets forth the vision and policies to govern new development and redevelopment in the neighborhood. The 176-acre East Gateway neighborhood is characterized by a mixed-land use pattern of residential housing interspersed with pockets of poorly maintained rental properties and outdated strip commercial developments. The commercial sector is burdened with a declining business base, deteriorating infrastructure, a mismatch of uses and vacant storefronts. The neighborhood struggles with code issues, homelessness, high rental rates and a negative image of crime due to problematic land uses and businesses. Significant decreases in traffic volumes, due to the rerouting of a state road in 2005, have affected business activity in the neighborhood Attachment number 2 \nPage 55 of 62 Item # 5 Second Program Year CAPER 56 and further emphasized the need for a targeted business development and investment strategy. According to PopStats 2010, the East Gateway District is home to 1,219 households consisting of 2,871 people. The District has a very diverse population: 50% White, 34% Hispanic and 13% Black. The East Gateway Task Force, comprised of City staff from several departments, was formed in 2005 in order to identify issues and develop a series of strategies necessary to achieve positive change in the neighborhood. The Task Force conducted a series of focus group meetings and neighborhood events in 2006 to gain an understanding of neighborhood issues, values and preferences. Input received through the public process was used in developing the East Gateway District Five- Year Action Program, which was adopted by the CRA on May 13, 2008. The goals of the original Action Program were to: · Engage residents, businesses and other neighborhood interests in the creation and implementation of the action program; · Achieve neighborhood stability by addressing the social, economic and physical issues that plague the area; · Establish a unique and positive identity that instills neighborhood pride and sense of ownership; and · Revitalize the neighborhood to attract reinvestment in private property. While the Five-Year Action Program implementation was underway, the community felt that a long-term vision was further needed, so in June 2009, the East Gateway Stakeholder Advisory Group (SAG) recommended that the Clearwater CRA engage the community in redefining a vision for future development and community character of the District. In January 2010, the CRA Board agreed to proceed with the creation of a vision plan. On May 31, 2011, the CRA and M. Arthur Gensler, Jr. and Associates, Inc. entered into a contract for the creation of such a plan. This collaborative neighborhood vision plan, first presented to the Clearwater CRA Board on January 9, 2012 and later approved by the CRA Board on May 14, 2012, addressed three main areas: 1) A Neighborhood Market/Economic Analysis that defined the economic base for market-supportable revitalization efforts; 2) Community Outreach and Stakeholder Involvement culminating in a Community Design Charrette that provided a strong, clear vision of the area and responded to current and future market opportunities; and 3) A Concept Plan and Policy Framework that identified specific implementation actions and tools that help achieve the vision over a 20-year horizon. One notable aspect of the East Gateway District Vision Plan was the comprehensive services that the CRA provided to the community through this project. Among other things, the Vision Plan became a great tool that: Promoted the East Gateway District and the CRA; Delivered a workable strategy with supporting rationale; Ensured that new development can be economically viable; Built on previous and current plans, initiatives, and projects; Maximized ultimate return on public investment; Addressed community interests and concerns; and Attachment number 2 \nPage 56 of 62 Item # 5 Second Program Year CAPER 57 Provided recommendations aimed to enhance the quality of life and standard of living. The new Action Program includes eight overarching Goals and strategies for implementation purposes: Goal 1: District Development Goal 2: Create a Vibrant Market Goal 3: Zone I (West Commercial Anchor) Goal 4: Zone II (Corridor Development) Goal 5: Zone III (Open Space) Goal 6: Zone IV (Festival Core) Goal 7: Branding Strategy Goal 8: Policy/Recommendations The following accomplishments were noted during this reporting period in the East Gateway NRSA: · Assisted in the creation of the Clearwater Gateway Farmers Market. This weekly multicultural event attracted more than 15,000 visitors to the East Gateway District between January 2013 and May 2013. Its mission is to provide access to affordable and locally-grown foods to the community. · Continued support of visible community policing presence within the East Gateway neighborhood and the entire CRA through financial support of two police officers assigned to the Downtown Bike Team. · Initiated of conversations with PSTA (Pinellas Suncoast Transit Authority) on expanding transportation options for residents and visitors of the District. · Created a list of for-sale and/or for-lease commercial properties in the East Gateway to assist connecting property owners with potential buyers/renters. · Researched opportunities to leverage culture/arts to encourage sustainable business activities in the East Gateway. · Continued the promotion and implementation of the East Gateway Façade and Building Lot Improvement Program that offers financial assistance to eligible commercial properties in the District. o Received two new applications. o Coordinated and attended pre-bid meeting for the Greektown Grille plaza on April 1, 2013. · Continued assisting with the promotion of Country Club Townhomes, a 31- unit workforce-housing project. · Coordinated, promoted and held a multicultural celebration (Cinco de Mayo) on May 4, 2013 that was attended by approximately 2,500 people. · Assisted with the relocation and expansion of iDatix, a high-quality software solutions and support services to a wide variety of industry sectors, to the East Gateway District. · Facilitated the monthly East Gateway Stakeholder Advisory Group (SAG) meetings. · Presented at the East Gateway Business and Neighbors Association (BNA) monthly meetings. · Continued environmental assessments at the former CarPro site. · Maintained the tracking report for the Five-Year Action Program and coordinated with the East Gateway Task Force. · Identified additional sidewalk needs. Attachment number 2 \nPage 57 of 62 Item # 5 Second Program Year CAPER 58 o Solicited input from the Engineering Department, the SAG, and the BNA; o Completed installation of the N. Evergreen, N. Evergreen, and Park Street sidewalk projects; o Secured additional funding for construction of new sidewalks during FY 2013-2014. · Participated in the City’s efforts to address the condition of homelessness in the community. · Coordinated efforts with the Florida Department of Transportation (FDOT) for the Drew Street Sidewalk Improvement project. o The FDOT contract was awarded on December 5, 2012 with the contract execution date of December 19, 2012. o The contract time started on April 15, 2013 and is expected to be completed within 180 calendar days. · Participated in meetings and events sponsored by the Clearwater Regional Chamber Hispanic Business Council. · Updated the East Gateway Shopping and Dining Guide. · Conducted business visits and offered assistance for business expansions and/or improvements. While the City provides leadership, technical capabilities and funding for Action Program implementation, a partnership with community stakeholders is crucial to achieving neighborhood goals. A Public Outreach and Communications Plan guide the Task Force in engaging the diverse neighborhood interests in the revitalization efforts. In late 2008, two community groups were organized – the East Gateway Stakeholders Advisory Group (SAG) and the East Gateway Business and Neighbors Association (BNA). The City is currently coordinating with the InterCultural Advocacy Institute (ICAI), a local social services agency, to capture input from Hispanic-Latino residents through focus groups discussions. 13. Housing Opportunities for People with AIDS (HOPWA) The City does not receive any HOPWA Funds. 14. MONITORING PLAN All subrecipients will receive federal and local regulations relating to their specific activity, along with an explanation as to how the regulations apply to their particular project. Specific Performance Agreements will be executed with each subrecipient giving measurable objectives for the eligible activity to be carried out. Each project is monitored on an ongoing basis. Documentation submitted with reimbursement requests are reviewed for compliance with applicable regulations and measurable objectives prior to issuing funds. On-site monitoring of selected subrecipients are scheduled and completed annually by the Housing Manager. A checklist is completed and reviewed to insure all aspects of the activities are carried out in accordance with applicable regulations. In addition to the above documentation, any subrecipient needing and/or requesting additional training on how to meet grantee and federal requirements will receive technical assistance deemed most appropriate to the circumstances by the Housing Manager. Additional technical assistance, if needed or requested, will be given at the time of the annual monitoring. Attachment number 2 \nPage 58 of 62 Item # 5 Second Program Year CAPER 59 The City uses a three step approach to monitor subrecipients. The first step begins during the application process. Subrecipients provide the City with their goals, objectives, budget and an Implementation Schedule. If funded, the goals, objectives, budget and Implementation Schedule are included in the Subrecipient Agreement with the City. The second step is to provide the subrecipient with the format needed for the Monthly Activity Report. The reports are completed and returned to the City monthly. The Housing Division analyzes the reports and if the subrecipient is not meeting its goals, technical assistance is provided. Subrecipients who provide housing assistance are monitored on a loan-by-loan basis and approved by the City prior to any loan closing to ensure compliance. Lastly, the City provides direct monitoring of all subrecipients annually with new agencies receiving two (2) monitoring visits. The first visit takes place in July and provides technical assistance to ensure the agency understands the compliance process. The second visit takes place in September and is a detailed-monitoring visit that utilizes an approved checklist. During this reporting period, the City provided detailed monitoring of all subrecipients. The City is continues to offer technical assistance to all subrecipients throughout the year. SUCCESS STORIES – LETTERS OF THANKS The community benefitted greatly from the City of Clearwater’s investment in Religious Community Services, Inc. (RCS) this past fiscal year (October 1, 2012 – September 30, 2013). The Haven of RCS Domestic Violence Center served 15,875 people with low- to moderate-income in Pinellas County, including 8,634 from Clearwater this past fiscal year. Services include emergency safe shelter, legal advocacy, support groups, violence prevention work with youth in area schools, and a two-year transitional living program for women and children needing more time to reclaim their self- sufficiency and safety. The City supports The Haven of RCS further through the Clearwater Police Department funding of a part-time bi-lingual (English/Spanish) Victim Advocate. This Advocate assisted 290 Spanish speaking domestic violence victims to create life- saving safety plans, helping victims to understand their rights and the services available to them to keep them and their children safe from abuse. Through the Community Development Block Grant award, RCS completed all necessary pre-construction work for the new Domestic Violence Outreach Center; and construction on the new building has begun with an April 2014 completion date. Domestic violence is a leading cause of homelessness for woman and youth. Outreach services work to help victims prevent homelessness by providing options and education to people in unhealthy relationships. The new center is located in the North Greenwood Revitalization District making services easily accessible to people who otherwise may experience barriers to service such as lack of transportation and or lack of awareness of services. Attachment number 2 \nPage 59 of 62 Item # 5 Second Program Year CAPER 60 The City of Clearwater Homeless Initiative supports RCS Grace House Emergency Family Shelter. RCS Grace House provided emergency shelter services to 173 homeless families, equating to 556 individuals of which 335 were children. Services include a fully furnished family apartment, professional case management, on-site mental health services based on a trauma informed care model, access to computers and computer training at the on-site Computer Learning Center (funded in part by City of Clearwater CDBG funding), subsidized child-care, transportation assistance, on-site weekly life skills classes, tutoring, and community referrals. · 97% of families completing the full eight weeks of the program moved to permanent housing – Of the 76 families completing the eight week program, 74 achieved this result · 87% of families completing the full eight weeks of the program obtained/maintained employment – of the 76 families completing the eight week program, 66 achieved this result · 76% of all families increased their household income through SNAP benefits – of the 152 families exiting the program, 115 obtained this result Economic Impact: While total economic impact is difficult to quantify, research tells us that homeless children have higher rates of learning disabilities, emotional and behavioral problems requiring professional care, and suffer more health problems than their housed counterparts. Therefore, it can be reasoned that reducing the number of homeless children in a community will have a positive economic impact on children’s services, school resources and health care expenses. 115 families served obtained a total of $55,622 in monthly SNAP benefits resulting in an economic impact of $102,344 monthly based on the USDA determination that $1.00 in SNAP benefits results in $1.84 of economic activity* *“SNAP is the only public benefit program which also serves as an economic stimulus, creating an economic boost that ripples throughout the economy when new SNAP benefits are redeemed. By generating business at local grocery stores, new SNAP benefits trigger labor and production demand, ultimately increasing household income and triggering additional spending.” (http://www.fns.usda.gov/snap/outreach/business-case.htm) From a Letter Written to The Haven of RCS: Written by a participant: I will always remember our first night at shelter because the hurt, pain and uncertainty were so strong! But the next day after I talked to my advocate and did some web searching I started to feel confident, a feeling I haven’t felt in a while. In a matter of 3 weeks I had my girls in school, a job and an apartment lined up. It was hard work but without faith and The Haven of RCS I would not have been able to leave the abusive relationship and become the strong independent woman I am today. Not only did I gain the resources and knowledge of how I can make it without my abuser I also was able to gain strength, confidence and self-reassurance that everything will be ok. Everything I learned and accomplished from residing at shelter will be forever with me. I came in as a victim and left as a survivor and for that I am truly thankful. The last thing I told the staff before I left was “thank you but I will never see you again!” and I kept my word since. It was bitter-sweet leaving and I was scared but I’m truly blessed and just want to thank the staff and let them know their long days and hours are worth it and Attachment number 2 \nPage 60 of 62 Item # 5 Second Program Year CAPER 61 to the victims, things may seem scary now but if you love yourself and if you love your children use The Haven of RCS and their resources to your full advantage and you will no longer be victims and this will just be one small trial in your life but will leave a long lasting footprint in your heart! As I sat behind the wheel of my car staring through the windshield the world never looked so clear. After living with my mother in her house with my two children and enduring blame and humiliation on the daily basis; I found myself sitting in my car homeless with two small children. I was still working but I was not making enough to provide for me and my children. How can this happen? There I sat defeated, stuck on the side of the road, on the rough side of town, with two children and a soul that had been abused and bruised. I thought God had abandoned me. I am a devoted Christian woman. I go to Church. I sing in the choir. I volunteer and help others in need. And here I was, with no place to go. No one to help me! My faith was tested. I wanted to scream. I cried the whole night. I was hurt. I prayed and asked God to show me the way out of this one. He had saved me many times before. I just did not know how I was going to get out of this mess. I have never been homeless. In the morning, I decided to call my Pastor’s Wife. She noticed the distress and sadness in my voice. She invited me over her house. I told her about my situation. My Pastor’s wife told me about RCS Grace House. My church has been fundraising and donating to RCS Grace House for a while. My Pastor’s wife reassured me that RCS Grace House would be the perfect place for me and my family. She quickly called the program. The RCS Grace House staff told her that I needed to call them. That was the hardest call I ever made. I did not know what to say or where to start. My Pastor’s wife and I prayed. I asked God to give me clarity and put the right words in my mouth. Then I picked up the phone and called. I closed my eyes and gathered my thoughts. Then life happened. I had a choice to make. I could get up, weak from the beating life just gave me, and start my long walk back to the beginning or I could swallow my pride and start over again. When I called, I spoke to Ms. Yesenia. She listened to me quietly. She heard me cry. I was ashamed! I never cried in front of people. After I shared my story with Ms. Yesenia, she said to me these wise words that I will never forget: ” for some odd reason people think their life journey is going to be traveled on newly paved roads. The truth is life can get down right ugly. It can break you down and leave you stranded.” I realized then that God was talking to me. I was learning a lesson: No matter where you are you have the choice to either keep moving forward or go back to where you started. Then I felt what I call a SPARK. I came to RCS Grace House with nothing but my faith and determination. I was blessed to have Ms. Yesenia as my Case Manager. She was very helpful and guided me along the way. She was patient with me when I needed patience. She was also very firm with me when I needed someone to discipline me. See, like many women, I have a very dysfunctional mother and daughter relationship. Even though Ms. Yesenia is too young to be my mother, she played the sister role in my life. I felt cared for. My children and I felt safe. Attachment number 2 \nPage 61 of 62 Item # 5 Second Program Year CAPER 62 Shortly after coming to the program, I started working with a Telemarketing company. I was ecstatic to have a job. Then I noticed people getting laid off for not meeting their sales quotas. I told my Case Manager Ms. Yesenia about this. She told me to keep applying for other jobs. I thought to myself: “This woman lost her mind. I have 2 kids and a full time job! How am I supposed to do this? “I went to the RCS Grace House’s computer room. A volunteer helped me update my resume. I put in applications online. I called the employers after I filled out my online applications like Ms. Yesenia asked me to. A couple of weeks after that, Publix called me in for an interview. I fell on my knees and praised the Lord for this opportunity. I was in constant fear of losing my job at the telemarketing company. Ms. Yesenia gave me some materials to prepare myself for interviewing. She asked me to rehearse these questions. I did. I got the job! I was almost in tears! My first day at work, I came to see Ms. Yesenia. I was proudly wearing my Publix polo shirt. She smiled and congratulated me. She hugged me and said: “See! I told you.” And yes. She did. She believed in me at a time I did not want to believe in myself. I became more confident and started looking for housing. With my income it was impossible to find an affordable place to live. Everyone said NO. Ms. Yesenia talked to me about transitional living programs. She encouraged me to apply. At first I was skeptical. I did not want to go to another shelter. Then I remembered my life lessons. I filled out the application for Salvation Army Transitional Life Center. It was not easy for us to get in. We were rejected several times. Ms. Yesenia advocated for us. She was persistent and was able to get me a face to face interview with the Salvation Army TLP staff. I did the interview and all the screenings. I was accepted. I was so relieved and grateful! I was a bitter sweet moment for me. I was happy to be at the Salvation Army TLP. But at the same time, I was very sad to leave RCS Grace House. RCS Grace House felt like home. All I can say for other people in my situation is that I have come way too far to turn back. I can’t stop now. I know things may seem rough maybe even impossible. You may feel weak. You may feel defeated. You might even want to give up. The stress of the situations you take on is showing on your face. Your “soul” is damaged and you feel like you are driving on flats. I’ve been there, more than once and I promise you at this point in your life that the decision you make will stay with you forever. I will tell you like my case manager Ms. Yesenia used to tell me:” I know you can do it.” Attachment number 2 \nPage 62 of 62 Item # 5 ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT FY2012-2013 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT DECEMBER 16 & 19, 2013 Attachment number 3 \nPage 1 of 26 Item # 5 ALLOCATION BUDGET CDBG $ 719,995 HOME $ 301,560 TOTAL $ 1,021,555 Attachment number 3 \nPage 2 of 26 Item # 5 CDBG/HOME BUDGET AND EXPENDITURE Budget $ 1,021,555 Prior Year Funds + 2,580,932 Total Funds $ 3,602,487 Expenditures -1,842,416 Balance $ 1,760,071 Persons Assisted 11,519 Attachment number 3 \nPage 3 of 26 Item # 5 NUMBER ASSISTED Public Services –2,602 people Public Facilities –8,844 people Housing Pool –73 people Total 11,519 people Attachment number 3 \nPage 4 of 26 Item # 5 OTHER PROGRAM ACTIVITIES NSP3 Funds expended $ 1,042,991 SHIP Funds expended $ 335,579 Pinellas County Housing Trust Fund expended $ 144,468 Attachment number 3 \nPage 5 of 26 Item # 5 ACTIVITIES Down Payment Assistance Housing Rehabilitation Public Services Public Facilities New Construction Fair Housing Economic Development Attachment number 3 \nPage 6 of 26 Item # 5 RELIGIOUS COMMUNITY SERVICES –OFFICE BUILDING DEMOLITON Attachment number 3 \nPage 7 of 26 Item # 5 NORTH GREENWOOD ATHLETIC FIELD Attachment number 3 \nPage 8 of 26 Item # 5 FUNDED RENTAL HOUSING PROJECTS UNDER CONSTRUCTION Norton Apartments (48 units) Prospect Apartments (208 units) Attachment number 3 \nPage 9 of 26 Item # 5 NORTON APARTMENTS BEFORE Attachment number 3 \nPage 10 of 26 Item # 5 NORTON APARTMENTS AFTER Attachment number 3 \nPage 11 of 26 Item # 5 PROSPECT TOWERS Attachment number 3 \nPage 12 of 26 Item # 5 COMMITTED NSP3 FUNDING HOUSING PROJECTS Stevens Creek (25 homes) Country Club Homes (16 townhomes) Sunset Point Apartments (14 units) Attachment number 3 \nPage 13 of 26 Item # 5 HABITAT FOR HUMANITY STEVENS CREEK Attachment number 3 \nPage 14 of 26 Item # 5 HABITAT FOR HUMANITY STEVENS CREEK Attachment number 3 \nPage 15 of 26 Item # 5 HABITAT FOR HUMANITY STEVENS CREEK Attachment number 3 \nPage 16 of 26 Item # 5 COUNTRY CLUB TOWNHOMES UNDER CONSTRUCTION Attachment number 3 \nPage 17 of 26 Item # 5 COUNTRY CLUB TOWNHOMES AFTER Attachment number 3 \nPage 18 of 26 Item # 5 SUNSET POINT APARTMENTS Attachment number 3 \nPage 19 of 26 Item # 5 SUNSET POINT APARTMENTS Attachment number 3 \nPage 20 of 26 Item # 5 SUNSET POINT APARTMENTS Attachment number 3 \nPage 21 of 26 Item # 5 ACCOMPLISHMENTS Completed 7 rehabilitation loans Completed 18 down payment assistance loans Total loans -$682,853 Attachment number 3 \nPage 22 of 26 Item # 5 HOUSING PROGRAMS LEVERAGE RATIOS Down Payment Assistance •Private Expenditure - $1,662,104 •City Expenditure -$709,803 •Ratio Expenditure -$2.34 to 1 Attachment number 3 \nPage 23 of 26 Item # 5 RENTAL HOUSING LEVERAGE RATIOS Norton, HEP, Prospect, Sunset •Other/Private Expenditure - $3,886,920 •City Expenditure -$1,817,300 •Ratio Expenditure -$2.14 to 1 Attachment number 3 \nPage 24 of 26 Item # 5 OWNER HOUSING LEVERAGE RATIOS Habitat, Country Club (development only) •Other/Private Expenditure - $5,131,800 •City Expenditure -$2,324,770 •Ratio Expenditure -$2.20 to 1 Attachment number 3 \nPage 25 of 26 Item # 5 ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT FY2012-2013 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT DECEMBER 16 & 19, 2013 Attachment number 3 \nPage 26 of 26 Item # 5 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines establishing certain setback and stepback standards in the Small Motel District and additional criteria for the Hotel Density Reserve; and pass Ordinance 8497-14 on first reading. SUMMARY: On August 12, 2013, City Council directed the Planning and Development Department to make several amendments to Beach by Design to address concerns about the lack of space between development and the potential mass of hotel buildings along Hamden Drive. Additionally some issues have surfaced since that meeting relating to the operational characteristics of hotels receiving the Hotel Density Reserve that need to be addressed. Proposed Ordinance 8497-14 contains the following amendments to Beach by Design: Establishes ten-foot side setbacks for all development in the Small Motel District, which is located between Coronado and Hamden Drives and along Brigthwater Drive. Applies front setback and stepback requirements currently applicable to hotels using the Reserve on Coronado Drive to those with frontage on Hamden Drive. · Adds the following new criteria to the Hotel Density Reserve: o The Reserve shall not be used to render nonconforming density conforming. o All hotel units in a hotel receiving units from the Reserve shall be submitted to a rental program where all units are available for members of the public as overnight transient hotel guests at all times. Such units cannot be used as a primary/permanent residence and each unit must be available to transient hotel guests. o No room in a hotel receiving the Reserve may have a full kitchen. The Community Development Board (CDB) unanimously recommended approval of the proposed amendments at a public hearing on November 19, 2013. Review Approval: Cover Memo Item # 6 Community Development Board – November 19, 2013 Amendments to Beach by Design – Page 1 BACKGROUND: At the June 17, 2013 Special Meeting on development issues, City Council directed the Planning and Development Department to conduct one-on-one meetings with City Council members to discuss Beach by Design, and determine if there was consensus on making amendments to the Plan. As a result of those meetings, the Department provided Council with a list of potential amendments at the August 12, 2013 Work Session. After a thorough discussion City Council directed staff to make two amendments which apply to properties located in the Small Motel District located between Hamden and Coronado Drives and along Brightwater Drive. Since that meeting, several hotel development agreement applications requesting units from the Hotel Density Reserve have been submitted and have raised issues that should be addressed in the Hotel Density Reserve criteria. ANALYSIS: Proposed Ordinance No. 8497-14 includes amendments related to side setbacks in the Small Hotel District and front setback/stepback requirements for properties along Hamden Drive as directed by City Council. The ordinance also proposes additional criteria for hotels requesting an allocation from the Hotel Density Reserve. Below is summary of the proposed amendments. Section II. Future Land Use, Subsection F. Small Motel District (page 2 of Ordinance) Due to the compact nature of the Small Motel District, the potential for intensive development and the desire to provide open space between buildings, Ordinance No. 8487-14 establishes a minimum side setback of 10 feet for all development in this character district which will ensure a 20 foot separation between new buildings. This requirement was added to the Small Motel character district so it is clear this is the minimum setback for this District and flexibility cannot be requested through the Tourist (T) District provisions. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: November 19, 2013 AGENDA ITEM: F.1. ORDINANCE NO.: 8497-14 REQUEST: Amendments to Beach by Design INITIATED BY: City of Clearwater, Planning and Development Department Attachment number 1 \nPage 1 of 5 Item # 6 Community Development Board – November 19, 2013 Amendments to Beach by Design – Page 2 Level III Review PLANNING & DEVELOPMENT DEPARTMENT Section V. Catalytic Projects (pages 2 – 4 of Ordinance) To ensure that hotels utilizing the Hotel Density Reserve are operating in a manner consistent with City Council expectations, the Planning and Development and Legal Departments have developed several new criteria for hotel projects receiving an allocation of rooms from the Hotel Density Reserve. A new requirement is proposed to the Reserve criteria that precludes Reserve units from being used to render a property with nonconforming density conforming. This provision was developed in response to Council’s denial of the initial Quality Inn/Hampton Inn projects which involved a request to use units from the Reserve to render an existing hotel on a newly created lot conforming with regard to density. When the Hotel Density Reserve was originally created, the overarching goal was to incentivize the construction of limited service hotels to replace the numerous mom and pop motels that had been demolished to make way for new condominium development. To ensure that any project seeking an allocation from the Hotel Density Reserve operates as a typical hotel and not as a private residence club or other type of vacation home property, proposed Ordinance No. 8497-13 includes a new criteria for the Reserve that limits the occupancy of hotel units from the Reserve to less than one month or 30 consecutive day; specifies that all hotel units be submitted to a rental program requiring all hotel units to be available for members of the public as overnight transient hotel guests at all times; and prohibits hotel units from being used as a primary or permanent residence. A criterion is also proposed that prohibits the inclusion of full kitchens in hotels requesting rooms from the Reserve. Section VII. Design Guidelines (pages 4 – 7 of Ordinance) The other amendment included in Ordinance No. 8497-14 expands the application of the setback and stepback requirements for buildings using the Hotel Density Reserve along Coronado Drive to also include properties on Hamden Drive. These provisions require building stepbacks of a certain depth at a certain height based on the front setback provided. The smaller the front setback, the greater the stepback required and at a lower building height. As the building moves closer to the right-of-way line, the scale and mass of the building along the roadway is minimized through these requirements. The goals of these standards are to prevent a canyon effect, reduce building massing along the street and to ensure a human scale street environment. Proposed Ordinance No. 8497-14 also replaces the existing graphics illustrating the setback/stepback concepts with graphics which better represent each setback/stepback option allowed. Architectural Analysis The Planning and Development Department engaged the services of Klar and Klar Architects to study the impacts of the proposed side setback standards for the Small Motel District and the front setback and stepback requirements proposed for Hamden Drive. Klar and Klar Architects analyzed a variety of parcel sizes and configurations to determine the impacts of the proposed requirements on new hotel development. A basic design solution was created for the analysis Attachment number 1 \nPage 2 of 5 Item # 6 Community Development Board – November 19, 2013 Amendments to Beach by Design – Page 3 Level III Review PLANNING & DEVELOPMENT DEPARTMENT that satisfied parking, setback, stepback and height requirements. It should be noted that it was not feasible to explore multiple design solutions or prepare final design drawings so all code issues or design guidelines may not be included in the basic design solution. The study concluded that the proposed new requirements will not negatively impact hotel redevelopment opportunities in the Small Motel District except for development sites that have frontage solely on Hamden Drive. (It is should be noted that the same condition already exists for sites with frontage only on Coronado Drive.) Because these parcels are very shallow (110 feet deep) and as the building increases in height it becomes more narrow, room sizes would be fairly small and it is unlikely balconies could be accommodated. It would be necessary to reduce densities to accommodate more reasonable room sizes and balconies. It should be noted that under the current regulatory environment it would also be difficult to design a hotel at maximum allowable density on parcels only fronting only on Hamden Drive. CONSISTENCY WITH THE COMPRHENSIVE PLAN AND COMMUNITY DEVELOPMENT CODE A review of the Clearwater Comprehensive Plan identified the following Objectives and Policies which will be furthered by the proposed amendments to Beach by Design: Objective A.5.5 Promote high quality design standards that support Clearwater’s image and contribute to its identity. Policy A.5.5.4 Update Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the Clearwater Downtown Redevelopment Plan, as needed. Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Policy A.6.1.1 Redevelopment shall be encouraged, where appropriate, by providing development incentives such as density bonuses for significant lot consolidation and/or catalytic projects, as well as the use of transfer of developments rights pursuant to approved special area plans and redevelopment plans. Policy A.6.1.2 Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of-way when appropriate, transportation improvements, inter-beach and intra-beach Attachment number 1 \nPage 3 of 5 Item # 6 Community Development Board – November 19, 2013 Amendments to Beach by Design – Page 4 Level III Review PLANNING & DEVELOPMENT DEPARTMENT transit, transfer of development rights and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Objective A.6.6 Tourism is a substantial element of the City’s economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector. The proposed amendments implement City Council’s desire to provide more open space between developments and less building mass along Hamden Drive. These provisions help further define the envisioned pedestrian friendly character of the Small Motel District and ensure that a certain standard of site and architectural design is met. The additional criteria for the Hotel Density Reserve provides clarification regarding the necessary operational characteristics of hotels using this development incentive to ensure that such projects provide the necessary transient accommodations to support the City’s tourism economy. The proposed amendments to Beach by Design will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in Community Development Code Section 1-103: · Allowing property owners to enhance the value of their property through innovative and creative redevelopment (Section 1-103.B.1., CDC). · Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties (Section 1- 103.B.2., CDC). · Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city (Section 1-103.E.2., CDC). · Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city’s economic underpinnings (Section 1-103.E.5., CDC). · Provide for open spaces through efficient project design and layout that addresses appropriate relationships between buildings on the project site and adjoining properties, including public rights-of-way and other public spaces (Section 1-103.E.6., CDC). · Establish use limitations for specified uses consistent with the zoning district in which they are allowed and the particular characteristics of such specified uses (Section 1- 103.E.10., CDC). The amendments proposed by this ordinance will further the above referenced purposes by providing clear setback provisions for the Small Motel District that will protect the character of this area of Clearwater Beach and maintain open space between new buildings. The proposed front setback and stepback requirements along Hamden Drive will result in hotel development that is of an appropriate scale to create a pedestrian-oriented environment which is important to both residents and tourists. The additional criteria for the Hotel Density Attachment number 1 \nPage 4 of 5 Item # 6 Community Development Board – November 19, 2013 Amendments to Beach by Design – Page 5 Level III Review PLANNING & DEVELOPMENT DEPARTMENT Reserve require certain operational characteristics to be met to guarantee that such developments are available to the general public at all times. SUMMARY AND RECOMMENDATION: The proposed amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design are consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Further, the proposed ordinance establishes minimum setback/stepback standards for property in the Small Motel District and further clarifies expectations regarding the operational characteristics of hotels receiving rooms from the Hotel Density Reserve on Clearwater Beach. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8497-14 that amends Beach by Design. Prepared by Planning and Development Department Staff: Gina L. Clayton Assistant Planning and Development Director ATTACHMENT: Ordinance No. 8497-14 Attachment number 1 \nPage 5 of 5 Item # 6 1 Ordinance No. 8497-14 ORDINANCE NO. 8497-14 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 F. SMALL MOTEL DISTRICT, BY ESTABLISHING MINIMUM SIDE SETBACKS FOR PROPERTY LOCATED IN THE DISTRICT; BY AMENDING SECTION V. CATALYTIC PROJECTS, SUBSECTION B.2 HOTEL DENSITY RESERVE, TO EXPAND THE CRITERIA HOTELS MUST MEET IN ORDER TO BE ELIGIBLE FOR AN ALLOCATION OF HOTEL ROOMS FROM THE RESERVE; BY AMENDING SECTION VII. DESIGN GUIDELINES, SUBSECTION D. SETBACKS AND STEPBACKS, CLARIFYING THAT SIDE AND REAR SETBACKS ARE GOVERNED BY THE COMMUNITY DEVELOPMENT CODE OR APPLICABLE CHARACTER DISTRICT PROVISIONS AND EXPANDING THE PROVISION FOR CERTAIN SETBACK AND STEPBACK REQUIREMENTS FOR HOTELS USING THE HOTEL DENSITY RESERVE ALONG CORONADO DRIVE TO ALSO APPLY TO HAMDEN DRIVE; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; 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 City of Clearwater established the hotel density reserve in Beach by Design to incentivize hotel development on Clearwater Beach; and WHEREAS, to achieve the goals envisioned by the Hotel Density Reserve, hotels receiving units from the Reserve shall have certain operational characteristics; WHEREAS, it is desirable to minimize building mass along Hamden Drive and create an environment with a human scale; WHEREAS, minimum required side setback requirements have been deemed to appropriate in the Small Motel District to ensure that open space is provided between properties; 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, Attachment number 2 \nPage 1 of 8 Item # 6 2 Ordinance No. 8497-14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection F. Small Motel District is amended as follows: F. Small Motel District The area to the east of the Beach District is an area of small motels, many of which have established clientele. The Small Motel District reflects a common paradox of beachfront communities -- improvements which were constructed in a different time before jet travel and air conditioning -- with limited on-site amenities and off-street parking. In many parts of the country, these kinds of units have evolved into residential uses. However, the relative intensity of adjacent land uses and the volumes of north south traffic have maintained the current condition between Hamden and Coronado. Beach by Design contemplates that the existing improvements in the Small Motel District will be sustained over time. Although the existing improvements may not represent the theoretical “highest and best” use of this area, the relatively good condition of most buildings and the economic value of the existing improvements make it difficult, if not impossible, to anticipate significant land assembly, demolition and new development. Brightwater Drive is also developed with small motel uses with building conditions and transient populations similar to those found along Hamden and Coronado. Brightwater’s location on the Intracoastal Waterway, in between two other stable residential “fingers”, makes it riper for redevelopment. Beach by Design calls for the redevelopment of Brightwater with land uses and building mass which are compatible with the residential cul-de-sacs to the north and south. Mid-rise townhouses and timeshares between 2 – 4 stories above parking are contemplated. Additionally, consideration should be given to the development of a shared parking facility along the street to provide some of the required parking that will be associated with redevelopment. Due to the compact nature of this district, its location in the heart of the tourist area and the potential for intensive redevelopment, minimum side setbacks of 10 feet for all development are hereby established to ensure that adequate open space is provided between properties. Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, B. Community Redevelopment District, Subsection 2. Hotel Density Reserve, is amended as follows: 2. Hotel Density Reserve (200713 Update) ********** The allocation of hotel rooms from the Reserve shall be made through the approval of a development agreement with the City of Clearwater with said allocation being strictly controlled. In order to be eligible to draw units from the Hotel Density Reserve, a development would have to incorporate, meet, and/or abide by each of the following: Attachment number 2 \nPage 2 of 8 Item # 6 3 Ordinance No. 8497-14 Those properties and/or developments that have acquired density from the Destination Resort Density Pool are not eligible to have rooms allocated from the Reserve; Those properties and/or developments that have had density transferred off to another property and/or development(s) through an approved Transfer of Development Rights (TDR) application by the City after December 31, 2007, are not eligible to have rooms allocated from the Reserve; The Hotel Density Reserve shall not be used to render nonconforming density conforming; A maximum of 100 hotel rooms may be allocated from the Reserve to any development with a lot size less than 2.5 acres. Those developments with a lot size greater than or equal to 2.5 acres may use the Reserve to achieve a density of 90 hotel rooms per acre. However, in no instance shall the density of a parcel of land exceed 150 units per acre regardless of whether it has received benefit of transfers of development rights or units through a termination of status of nonconformity in addition to the Reserve, or not; Accessory uses inconsistent with amenities typical of a mid-priced hotel shall require compliance with the base FAR requirements of the Resort Facilities High (RFH) Future Land Use category; No hotel room allocated from the Reserve may be converted to a residential use (i.e. attached dwelling); Occupancy in units from the Reserve is limited to a term of less than one (1) month or thirty (30) consecutive days, whichever is less. No hotel unit in a hotel receiving units from the Reserve shall be used as a primary or permanent residence and each hotel unit shall be available to transient hotel guests. All hotel units shall be required to be submitted to a rental program requiring all hotel units to be available for members of the public as overnight transient hotel guests at all times; No hotel room in a hotel allocated units from the Reserve may have a full kitchen. Mini kitchens, defined as including reduced sized kitchen appliances, may be permitted; The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Reserve; When both the allocation of hotel rooms from the Reserve and the transfer of development rights (TDR) are utilized as part of a development, only hotel rooms brought in to the project through the TDR process are eligible to be constructed above the otherwise maximum building height, but only provided that all TDR criteria are met; A legally enforceable mandatory evacuation/closure covenant that the overnight accommodation use will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center; Access to overnight accommodation units must be provided through a lobby and internal corridors; All hotel rooms obtained from the Reserve that are not constructed shall be returned to the Reserve; Attachment number 2 \nPage 3 of 8 Item # 6 4 Ordinance No. 8497-14 The development shall comply with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the development shall include the following: Recognition of standard data sources as established by the MPO; Identification of level of service (LOS) standards for state and county roads as established by the MPO; Utilization of proportional fair-share requirements consistent with Florida Statues and the MPO model ordinance; Utilization of the MPO Traffic Impact Study Methodology; and Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report; A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated; and The books and records pertaining to use of each hotel room shall be open for inspection by authorized representatives of the City, upon reasonable notice, in order to confirm compliance with these regulations as allowed by general law. Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section VII. Design Guidelines, Subsection D. Setbacks and Stepbacks, are amended as follows: ********** 2. Side and Rear Setbacks Except for the setbacks set forth above, no side or rear setback lines are recommended, except as may be required to comply with the City’s Fire Code. Side and rear setbacks shall be governed by the provisions of the Tourist District of the Community Development Code unless otherwise prescribed in the applicable Character District provisions contained in Section II., Future Land Use. 3. Coronado and Hamden Drives Setbacks and Stepbacks. To reduce upper story massing along the street and ensure a human scale street environment, buildings using the hotel density reserve along Coronado and Hamden Drives shall be constructed in accordance with the following: a. Buildings constructed with a front setback of fifteen feet (15’) or more shall stepback with a minimum depth of fifteen feet (15’) from the setback line at a height not more than twenty-five feet (25’). Insert new graphic: Attachment number 2 \nPage 4 of 8 Item # 6 __________ b. Buildings constructed with a front setback greater than or equal to ten feet (10’) and less than fifteen feet (15’) shall stepback at a height not more than twenty feet (20’). The required stepback/ setback ratio is one and one reduction in setback in addition to the minimum stepback of fifteen feet (15’). Insert new graphic: ____________ c. Buildings constructed with a front setback of less than ten feet (10’) shall provide a building stepback at a height not more than fifteen feet (15’). The required stepback/ setback ratio is two and one addition to the minimum stepback of fifteen feet (15’). Insert new graphic: 5 Ordinance No. 8497 __________________________________________________ Buildings constructed with a front setback greater than or equal to ten feet (10’) and less than fifteen feet (15’) shall stepback at a height not more than twenty feet (20’). The required stepback/ setback ratio is one and one-half feet (1.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). __________________________________________________ Buildings constructed with a front setback of less than ten feet (10’) shall provide a building stepback at a height not more than fifteen feet (15’). The required stepback/ setback ratio is two and one-half feet (2.5’) for every one foot (1’) reduction in addition to the minimum stepback of fifteen feet (15’). Ordinance No. 8497-14 _________________________ Buildings constructed with a front setback greater than or equal to ten feet (10’) and less than fifteen feet (15’) shall stepback at a height not more than twenty feet (20’). The feet (1.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). _________________ Buildings constructed with a front setback of less than ten feet (10’) shall provide a building stepback at a height not more than fifteen feet (15’). The required stepback/ half feet (2.5’) for every one foot (1’) reduction in setback in Attachment number 2 \nPage 5 of 8 Item # 6 ___________________________ d. To achieve upper story facade variety and articulation, additional stepbacks may be required. To avoid a monotonous streetscape, a building shall not replicate the stepback configuration of the adjacent buildings including those across rights Insert new graphic: _________________ 6 Ordinance No. 8497 ________________________________________ d. To achieve upper story facade variety and articulation, additional stepbacks may be a monotonous streetscape, a building shall not replicate the stepback configuration of the adjacent buildings including those across rights-of-way. ___________________________________________________________ Ordinance No. 8497-14 ________________ d. To achieve upper story facade variety and articulation, additional stepbacks may be a monotonous streetscape, a building shall not replicate the stepback way. ______________________ Attachment number 2 \nPage 6 of 8 Item # 6 7 Ordinance No. 8497-14 e. Required stepbacks shall span a minimum of 75% of the building frontage width. Delete the following two graphics *********** Section 4. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same. Section 5. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 6. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 7. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 8. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Right-of-way FAÇADE VARIETY EXAMPLESFAÇADE VARIETY EXAMPLESFAÇADE VARIETY EXAMPLESFAÇADE VARIETY EXAMPLES EXAMPLE #1EXAMPLE #1EXAMPLE #1EXAMPLE #1 EXAMPLE#2EXAMPLE#2EXAMPLE#2EXAMPLE#2 PROHIBITED PROHIBITED PROHIBITED PROHIBITED REQUIRED REQUIRED REQUIRED REQUIRED Attachment number 2 \nPage 7 of 8 Item # 6 8 Ordinance No. 8497-14 Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 8 of 8 Item # 6 Motion to Amend Ordinance No. 8497-14 on First Reading Amend Section 2 of Ordinance No. 8497-14, Section V. Catalytic Projects, B. Community Redevelopment District, Subsection 2. Hotel Density Reserve on page 3 as follows: ********** Occupancy in units from the Reserve is limited to a term of less than one (1) month or thirty (30) consecutive days, whichever is less. No hotel unit in a hotel receiving units from the Reserve shall be used as a primary or permanent residence and each hotel unit shall be available to transient hotel guests. All hotel units shall be required to be submitted to a rental program requiring all hotel units to be available for members of the public as overnight transient hotel guests at all times All units in a hotel receiving units from the Reserve shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupancy in any hotel receiving units from the Reserve is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less and units in such a hotel shall not be used as a primary or permanent residence. ********** _______________________________ Pamela K. Akin, City Attorney December 19, 2013 Attachment number 3 \nPage 1 of 1 Item # 6 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Approve amendments to the Community Development Code revising footnotes to Tourist (T) District Tables 2-802 and 2-803 regarding the applicability of certain development standards set forth in Beach by Design and pass Ordinance 8523-13 on first reading. (TA2013-10009) SUMMARY: Proposed Ordinance 8523-14 revises existing footnote (1) to Table 8-802, Flexible Standard Development Standards and footnote (2) to Table 2-803 Flexible Development Standards of the Community Development Code. These footnotes specify that the standards for the Old Florida District and Marina District provisions of Beach by Design supersede the regulations contained in the tables. Due to the amendments proposed to Beach by Design in Ordinance 8497-14 it is necessary to broaden that footnote. The Planning and Development Department is proposing to revise them to state that the specific use, height, setback and parking standards set forth in Section II. Future Land Use (Character Districts) and height standards and Coronado and Hamden Drives setback/stepback standards set for in Section IV., Design Guidelines of Beach by Design supersede the standards contained in the use tables. Because Beach by Design is the official land use policy for Clearwater Beach, the requirements of the Plan supersede those in the Community Development Code and it is important to assist customers in understanding which provisions apply to their property. The Planning and Development Department has determined that the proposed text amendment to the Community Development Code is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of November 19, 2013 and unanimously recommended approval of the amendment. Review Approval: Cover Memo Item # 7 Ordinance No. 8523-14 1 ORDINANCE NO. 8523-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 8, TOURIST DISTRICT, TABLE 2-802 TO REVISE FOOTNOTE #1 TO REFERENCE THE APPLICABLE CHARACTER DISTRICT PROVISIONS AND DESIGN GUIDELINES OF BEACH BY DESIGN; BY AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 8, TOURIST DISTRICT, TABLE 2-803 TO REVISE FOOTNOTE #1 TO REFERENCE THE APPLICABLE CHARACTER DISTRICT PROVISIONS AND DESIGN GUIDELINES OF BEACH BY DESIGN; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater desires to ensure clarity of applicable development standards on Clearwater Beach; and WHEREAS, the City of Clearwater has determined that the Community Development Code needs clarification and revision for property located in the Tourist District on Clearwater Beach, and WHEREAS, consistency between the Community Development Code and provisions within Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines is required; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning District, Tourist District, Section 2-802, Table 2-802, is amended as follows: Section 2-802 Flexible standard development. The following uses are Level One permitted uses in the T District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. *********** (1) Specific standards for the Old Florida District and the Marina District that supercede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Specific use, height, setback and parking standards set forth in Section II., Future Land Use (Character Districts) and height standards and Coronado and Hamden Drives setback/stepback standards set forth in Section IV., Design Guidelines, of Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, shall supersede these standards. Attachment number 1 \nPage 1 of 3 Item # 7 Ordinance No. 8523-14 2 *********** Section 2. Article 2, Zoning Districts, Tourist District, Section 2-803, Table 2- 803, is amended as follows: Section 2-803 Flexible development. The following uses are Level Two permitted uses in the Tourist “T” District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. *********** (2) Specific standards for the Old Florida District and the Marina District that supercede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Specific use, height, and setback standards set forth in Section II., Future Land Use (Character Districts), and height standards and Coronado and Hamden Drives setback/stepback standards set forth in Section IV., Design Guidelines, of Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, shall supersede these standards. *********** Section 3. Amendments to the Land Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 4. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 5. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 6. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 7. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _______________________ PASSED ON SECOND AND FINAL _______________________ READING AND ADOPTED ________________________ George N. Cretekos Mayor Attachment number 1 \nPage 2 of 3 Item # 7 Ordinance No. 8523-14 3 Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 3 of 3 Item # 7 Community Development Board – November 19, 2013 TA2013-10009 – Page 1 Community Development Code Amendment PLANNING & DEVELOPMENT BACKGROUND: At the August 12, 2013 Work Session, City Council directed staff to make amendments to Beach by Design. These amendments establish specific minimum side setback requirements in the area of Clearwater Beach between Hamden and Coronado Drives and along Brightwater Drive (the Small Hotel District). They also establish front setback and stepback requirements for hotels receiving units from the Hotel Density Reserve along Hamden Drive. Because Beach by Design is the official land use policy for Clearwater Beach, these requirements supersede those in the Community Development Code. To assist customers in understanding the relationship between the requirements of Beach by Design and the Community Development Code, it is important that the Tourist (T) zoning district provisions appropriately reference Beach by Design. ANALYSIS: Proposed Ordinance No. 8523-14 revises existing footnote (1) to Table 2-802, Flexible Standard Development Standards and footnote (2) to Table 2-803, Flexible Development Standards of the Tourist (T) District that currently reference the Old Florida and Marina Districts. Since the Beach by Design amendments impact properties in the Small Motel District, the footnotes need to be revised. The proposed new footnotes specify that use, height, setback and parking standards set forth in the Future Land Use (Character District) section and height standards and Coronado and Hamden Drives setback/stepback standards in the Design Guidelines section of Beach by Design will supersede the Community Development Code. CRITERIA FOR TEXT AMENDMENTS: Community Development Code Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: November 19, 2013 AGENDA ITEM: F. 2. CASE: TA2013-10009 ORDINANCE NO.: 8523-14 REQUEST: Amendments to the Community Development Code INITIATED BY: City of Clearwater, Planning and Development Department Attachment number 2 \nPage 1 of 3 Item # 7 Community Development Board – November 19, 2013 TA2013-10009 – Page 2 Community Development Code Amendment PLANNING & DEVELOPMENT 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goal, Objective and Policy will be furthered by the proposed Code amendments: Goal 4 The City of Clearwater shall ensure that all development or redevelopment initiatives meet the safety, environmental, and aesthetic needs of the City through consistent implementation of the Community Development Code. Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Policy A.5.5.4 Update Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the Clearwater Downtown Redevelopment Plan, as needed. The proposed amendments clarify that certain provisions of Beach by Design, a special area plan for Clearwater Beach, govern site development and take precedent over the provisions of the Tourist (T) zoning district. The proposed Community Development Code amendments are the result of pending amendments to Beach by Design. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in Section 1-103. · It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). · Enumerate density, area, width, height, setback, coverage and like requirements for each district, and make appropriate distinctions between categories of use within districts, based on the general purposes of this article, the Comprehensive Plan, and existing and desired community characteristics (Section 1-103.E.11., CDC). Proposed Ordinance 8523-14 furthers the above referenced purposes by appropriately guiding property owners/developers to Beach by Design to ensure that the relevant standards for development are incorporated into any site plan proposal. This will ensure that the Attachment number 2 \nPage 2 of 3 Item # 7 Community Development Board – November 19, 2013 TA2013-10009 – Page 3 Community Development Code Amendment PLANNING & DEVELOPMENT appropriate rules for land development are followed and that Beach by Design, the special area plan for Clearwater Beach adopted in the City’s Comprehensive Plan, will be properly implemented. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Proposed Ordinance No. 8523-14 also brings consistency and clarity between the requirements of Beach by Design and the Tourist (T) zoning district provisions. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8523-14 that amends the Community Development Code. Prepared by Planning and Development Department Staff: Gina L. Clayton Assistant Planning & Development Director ATTACHMENT: Ordinance No. 8523-14 Attachment number 2 \nPage 3 of 3 Item # 7 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2071 The Mall (Lot 8, Block C, Brooklawn Subdivision) together with all of the abutting Right of Way of Arbelia Street; and Pass Ordinances 8516-14, 8517-14 and 8518-14 on first reading. (ANX2013-10031) SUMMARY: This voluntary annexation petition involves a 0.129-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the northeast corner of The Mall and Arbelia Street. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The Planning and Development Department is also requesting that the abutting right of way of Arbelia Street also be annexed. The property is contiguous to existing city boundaries to the east and the south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The Cover Memo Item # 8 proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing city boundaries to the east and the south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 8 Ordinance No. 8516-14 ORDINANCE NO. 8516-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH-EAST CORNER OF THE MALL AND ARBELIA STREET, CONSISTING OF LOT 8, BLOCK C, BROOKLAWN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2071 THE MALL, CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL OF THE ABUTTING RIGHT OF WAY OF ARBELIA STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 8, Block C, Brooklawn, according to the map or plat thereof as recorded in Plat Book 13, page 59, Public Records of Pinellas County, Florida; together with all of the abutting Right of Way of ARBELIA STREET. (ANX2013-10031) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attachment number 1 \nPage 1 of 9 Item # 8 Ordinance No. 8516-14 ________________________________ 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 9 Item # 8 Attachment number 1 \nPage 3 of 9 Item # 8 Ordinance No. 8517-14 ORDINANCE NO. 8517-14 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-EAST CORNER OF THE MALL AND ARBELIA STREET, CONSISTING OF LOT 8, BLOCK C, BROOKLAWN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2071 THE MALL, CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL OF THE ABUTTING RIGHT OF WAY OF ARBELIA STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 8, Block C, Brooklawn, according to the map or plat thereof as recorded in Plat Book 13, page 59, Public Records of Pinellas County, Florida; together with all of the abutting Right of Way of ARBELIA STREET. Residential Urban (RU) (ANX2013-10031) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8516-14. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Attachment number 1 \nPage 4 of 9 Item # 8 Ordinance No. 8517-14 Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 5 of 9 Item # 8 Attachment number 1 \nPage 6 of 9 Item # 8 Ordinance No. 8518-14 ORDINANCE NO. 8518-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH-EAST CORNER OF THE MALL AND ARBELIA STREET, CONSISTING OF LOT 8, BLOCK C, BROOKLAWN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2071 THE MALL, CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL OF THE ABUTTING RIGHT OF WAY OF ARBELIA STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 8, Block C, Brooklawn, according to the Low Medium map or plat thereof as recorded in Plat Book 13, Density page 59, Public Records of Pinellas County, Florida; Residential (LMDR) together with all of the abutting Right of Way of ARBELIA STREET. (ANX2013-10031) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8516-14. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 1 \nPage 7 of 9 Item # 8 Ordinance No. 8518-14 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 8 of 9 Item # 8 Attachment number 1 \nPage 9 of 9 Item # 8 Location Map Owner: Winger, James and Christina Case: ANX2013-10031 Site: 2071 The Mall Property Size: ROW Size: 0.129 acres 0.138 acres Land Use Zoning PIN: 03-29-15-12060-003-0080 From : To: RU R-4 RU LMDR Atlas Page: 251B ^ PROJECT SITE SUNSET POINT RD KI N G S H W Y IDLEWILD DR WOODLAWN TER PALM ST STATE ST BYRAM DR BERMUDA ST PO I N S E T T A A V E SEDEEVA CIR N WILSON RD AL P I N E R D CH E N A N G O A V E FR E E D O M D R ALOHA LN CO L E S R D BA R B A R A A V E SEDEEVA CIR S MA C O M B E R A V E BE T T Y L N SHERIDAN RD BERTLAND WAY PORT WAY OA K D A L E W A Y STARBOARD WAY PI N E C R E S T W A Y S RIDGELANE CIR UNION ST EV E R G R E E N A V E TH E M A L L ARBELIA ST LA N T A N A A V E -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 2 \nPage 1 of 7 Item # 8 Aerial Map Owner: Winger, James and Christina Case: ANX2013-10031 Site: 2071 The Mall Property Size: ROW Size: 0.129 acres 0.138 acres Land Use Zoning PIN: 03-29-15-12060-003-0080 From : To: RU R-4 RU LMDR Atlas Page: 251B UNION ST UNION ST ARBELIA ST ARBELIA ST THE MALL THE MALL LANTANA AVE LANTANA AVE PO I N S E T T A A V E PO I N S E T T A A V E EVE RGR E EN AV E EVE RGR E EN AV E -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 2 \nPage 2 of 7 Item # 8 Proposed Annexation Map Owner: Winger, James and Christina Case: ANX2013-10031 Site: 2071 The Mall Property Size: ROW Size: 0.129 acres 0.138 acres Land Use Zoning PIN: 03-29-15-12060-003-0080 From : To: RU R-4 RU LMDR Atlas Page: 251B 60 60 60 60 60 60 87.7 12060 98074 B C D G H I 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 8 3 4 5 6 7 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 9 10 11 12 13 14 15 16 50 6869707172737475107108109110111 1 1 UNION ST ARBELIA ST TH E M A L L LA N T A N A A V E PO I N S E T T A A V E EV E R G R E E N A V E 13 4 1 13 3 7 2048 2050 2058 2040 2044 2080 2084 2066 13 3 0 13 2 2 2077 13 3 1 13 1 7 2063 2049 2057 2080 2084 2081 13 4 5 2075 2079 2071 2000 2049 2053 2067 2060 2068 2070 2072 2080 13 0 9 2047 2048 2060 13 3 3 2056 2064 2035 2039 2075 20882076 2071 2077 13 5 3 13 4 9 13 5 5 2001 2061 2052 13 1 0 2043 -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 2 \nPage 3 of 7 Item # 8 Future Land Use Map Owner: Winger, James and Christina Case: ANX2013-10031 Site: 2071 The Mall Property Size: ROW Size: 0.129 acres 0.138 acres Land Use Zoning PIN: 03-29-15-12060-003-0080 From : To: RU R-4 RU LMDR Atlas Page: 251B 60 60 60 60 60 60 87.7 12060 98074 B C D G H I 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 8 3 4 5 6 7 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 8 9 10 9 10 11 12 13 14 15 16 50 6869707172737475107108109110111 1 1 RU RM RU RU RU RH RU RU RU RU RU RM RU RH RU RU RU RU WATER UNION ST ARBELIA ST TH E M A L L LA N T A N A A V E PO I N S E T T A A V E EV E R G R E E N A V E 13 4 1 13 3 7 2048 2058 2040 2044 2080 2084 2066 13 3 0 13 2 2 13 3 1 13 1 7 2063 2049 2057 2080 2084 2081 13 4 5 2075 2071 13 4 9 13 5 5 2067 2060 2061 2068 2070 2072 13 0 9 2048 13 1 0 2060 13 3 3 2056 2064 2035 2039 2075 2050 208820772076 2071 2077 2079 13 5 3 2000 2049 2053 2001 2080 2047 2052 2043 -N o t t o S c a l e - -N o t a S u r v e y - RU Attachment number 2 \nPage 4 of 7 Item # 8 Zoning Map Owner: Winger, James and Christina Case: ANX2013-10031 Site: 2071 The Mall Property Size: ROW Size: 0.129 acres 0.138 acres Land Use Zoning PIN: 03-29-15-12060-003-0080 From : To: RU R-4 RU LMDR Atlas Page: 251B 60 60 60 60 60 60 87.7 12060 980 B C D G H I 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 8 3 4 5 6 7 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 123 4 5 6 78 9 10 1 2 8 9 10 9 10 11 12 13 14 15 16 50 6869707172737475107108109110111 1 1 UNION ST ARBELIA ST THE MALL LANTANA AVE PO I N S E T T A A V E EVE RG R E EN AV E MDR LMDR HDR MDR LMDR 13 4 1 13 3 7 2048 2050 2058 2040 2044 2080 2084 13 3 0 13 2 2 2077 13 3 1 13 1 7 2063 2049 2057 2080 2084 2081 13 4 5 2075 2079 2000 2049 2053 2067 2060 2068 2070 2072 2080 13 0 9 2047 2048 2060 1333 2056 2064 2035 2039 2075 2088 2066 2076 2071 2077 2071 13 5 3 13 4 9 13 5 5 2001 2061 2052 13 1 0 2043 -N o t t o S c a l e - -N o t a S u r v e y - LMDR Attachment number 2 \nPage 5 of 7 Item # 8 Existing Surrounding Uses Map Owner: Winger, James and Christina Case: ANX2013-10031 Site: 2071 The Mall Property Size: ROW Size: 0.129 acres 0.138 acres Land Use Zoning PIN: 03-29-15-12060-003-0080 From : To: RU R-4 RU LMDR Atlas Page: 251B 60 60 60 60 60 60 87.7 12060 980 B C D G H I 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 8 3 4 5 6 7 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 123 4 5 6 78 9 10 1 2 8 9 10 9 10 11 12 13 14 15 16 50 6869707172737475107108109110111 1 1 UNION ST ARBELIA ST THE MALL LANTANA AVE PO I N S E T T A A V E EVE RG R E EN AV E 13 4 1 13 3 7 2048 2050 2058 2040 2044 2080 2084 2066 13 3 0 13 2 2 2077 13 3 1 13 1 7 2063 2049 2057 2080 2084 2081 13 4 5 2075 2079 2071 2000 2049 2053 2067 2060 2068 2070 2072 2080 13 0 9 2047 2048 2060 1333 2056 2064 2035 2039 2075 20882076 2071 2077 13 5 3 13 4 9 13 5 5 2001 2061 2052 13 1 0 2043 -N o t t o S c a l e - -N o t a S u r v e y - Commercial Single Family Residential Single Family Residential Single Family Residential Single Family Residential Attachment number 2 \nPage 6 of 7 Item # 8 ANX2013-10031 Winger, James and Christina 2071 The Mall View looking east at the subject property at 2071 The Mall South of the subject property Across the street, to the west of the subject property North of the subject property View looking southerly along The Mall View looking northerly along The Mall. Attachment number 2 \nPage 7 of 7 Item # 8 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1734 Kings Highway (Metes and Bounds Tract 44/01 in Section 03, Township 29 S, Range 15 E) together with all of the abutting Right of Way of Kings Highway; and pass Ordinances 8519-14, 8520-14 and 8521-14 on first reading. (ANX2013-10032) SUMMARY: This voluntary annexation petition involves a 0.343-acre property consisting of one parcel of land occupied by a single-family dwelling. It is on the southeast corner of Kings Highway and Sandy Lane. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning and Development Department is also requesting that the abutting right of way of Kings Highway also be annexed. The property is contiguous to existing city boundaries on all sides. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. The closest sewer line is located in the Kings Highway right-of-way. The applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of five units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing city boundaries in all directions; therefore, Cover Memo Item # 9 the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 9 Ordinance No. 8519-14 ORDINANCE NO. 8519-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH-EAST CORNER OF KINGS HIGHWAY AND SANDY LANE, CONSISTING OF METES & BOUNDS TRACT 44/01 IN SECTION 03 TOWNSHIP 29 S, RANGE 15 E, WHOSE POST OFFICE ADDRESS IS 1734 KINGS HIGHWAY, CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL OF THE ABUTTING RIGHT OF WAY OF KINGS HIGHWAY, 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: (ANX2013-10032) See attached legal description, Exhibit A 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 11 Item # 9 Ordinance No. 8519-14 ________________________________ 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 11 Item # 9 Attachment number 1 \nPage 3 of 11 Item # 9 Attachment number 1 \nPage 4 of 11 Item # 9 Ordinance No. 8520-14 ORDINANCE NO. 8520-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH-EAST CORNER OF KINGS HIGHWAY AND SANDY LANE, CONSISTING OF METES & BOUNDS TRACT 44/01 IN SECTION 03 TOWNSHIP 29 S, RANGE 15 E, WHOSE POST OFFICE ADDRESS IS 1734 KINGS HIGHWAY, CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL OF THE ABUTTING RIGHT OF WAY OF KINGS HIGHWAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached legal description, Exhibit A Residential Low (RL) (ANX2013-10032) 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. 8519-14. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 5 of 11 Item # 9 Attachment number 1 \nPage 6 of 11 Item # 9 Attachment number 1 \nPage 7 of 11 Item # 9 Ordinance No. 8521-14 ORDINANCE NO. 8521-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH-EAST CORNER OF KINGS HIGHWAY AND SANDY LANE, CONSISTING OF METES & BOUNDS TRACT 44/01 IN SECTION 03 TOWNSHIP 29 S, RANGE 15 E, WHOSE POST OFFICE ADDRESS IS 1734 KINGS HIGHWAY, CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL OF THE ABUTTING RIGHT OF WAY OF KINGS HIGHWAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District See attached legal description, Exhibit A Low Medium Density (ANX2013-10032) Residential (LMDR) 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. 8519-14. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 1 \nPage 8 of 11 Item # 9 Ordinance No. 8521-14 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 9 of 11 Item # 9 Attachment number 1 \nPage 10 of 11 Item # 9 Attachment number 1 \nPage 11 of 11 Item # 9 Location Map Owner: Rojas, Mary Ann and Jenaro Case: ANX2013-10032 Site: 1734 Kings Highway Property Size (Acres): ROW Size 0.434 acres 0.108 acers Land Use Zoning PIN: 03-29-15-00000-440-0100 From : To: RL R-4 RL LMDR Atlas Page: 260B ^ PROJECT SITE KINGS HWY BETTY LN JOEL LN SPRING LN N HIGHLAND AVE SUNSET POINT RD OTTEN ST MARY L RD TERRACE RD BENTLEY ST THAMES LN WE S T O N D R FLOR A LN BAR BARA LN AV E GROVE CIRCLE CT CAROLYN LN HEAV EN SENT LN SANDY LN SANDY LN FAIRMONT ST -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 2 \nPage 1 of 7 Item # 9 Aerial Map Owner: Rojas, Mary Ann and Jenaro Case: ANX2013-10032 Site: 1734 Kings Highway Property Size (Acres): ROW Size 0.434 acres 0.108 acers Land Use Zoning PIN: 03-29-15-00000-440-0100 From : To: RL R-4 RL LMDR Atlas Page: 260B KINGS HWY KINGS HWY S A N D Y L N SA N D Y L N MARY L RD MARY L RD HEAV E N SE NT LN H EAV E N SE NT LN -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 2 \nPage 2 of 7 Item # 9 Proposed Annexation Map Owner: Rojas, Mary Ann and Jenaro Case: ANX2013-10032 Site: 1734 Kings Highway Property Size (Acres): ROW Size 0.434 acres 0.108 acers Land Use Zoning PIN: 03-29-15-00000-440-0100 From : To: RL R-4 RL LMDR Atlas Page: 260B 60 78645 78646 1234 5 67 10 1112 1314151 (16) 33/03 33/02 5.58 9.68 6 0 60 89(S) 60 60 08388B C 2 3 4 5 6 7 8 9 17 16 15 14 13 12 11 2 3 4 5 6 7 8 9 15 14 131211 10 10 44/01 A C A C KINGS HWY SA N D Y LN MARY L RD HEAV EN S E NT LN 1368 1372 1349 1364 1360 1419 1373 1357 1751 1344 1436 1353 1361 1413 1369 1431 1345 1425 1356 1348 1352 1345 1356 1349 1401 1360 1344 1400 1364 1368 1357 1352 1361 1348 1365 1353 1765 1424 1418 1412 1360 1734 1406 1407 1430 -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 2 \nPage 3 of 7 Item # 9 Future Land Use Map Owner: Rojas, Mary Ann and Jenaro Case: ANX2013-10032 Site: 1734 Kings Highway Property Size (Acres): ROW Size 0.434 acres 0.108 acers Land Use Zoning PIN: 03-29-15-00000-440-0100 From : To: RL R-4 RL LMDR Atlas Page: 260B 60 78645 78646 1234 5 67 10 1112 1314151 (16) 33/03 33/02 5.58 9.68 6 0 60 89(S) 60 60 08388B C 2 3 4 5 6 7 8 9 17 16 15 14 13 12 11 2 3 4 5 6 7 8 9 15 14 131211 10 10 44/01 A C A C I I RU RU RU R/OS KINGS HWY SA N D Y LN MARY L RD HEAV EN S E NT LN 1368 1372 1349 1364 1360 1419 1373 1357 1751 1344 1436 1353 1361 1413 1369 1431 1345 1425 1356 1348 1352 1345 1356 1349 1401 1360 1344 1400 1364 1368 1357 1352 1361 1348 1365 1353 1765 1424 1418 1412 1360 1734 1406 1407 1430 -N o t t o S c a l e - -N o t a S u r v e y - RL Attachment number 2 \nPage 4 of 7 Item # 9 Zoning Map Owner: Rojas, Mary Ann and Jenaro Case: ANX2013-10032 Site: 1734 Kings Highway Property Size (Acres): ROW Size 0.434 acres 0.108 acers Land Use Zoning PIN: 03-29-15-00000-440-0100 From : To: RL R-4 RL LMDR Atlas Page: 260B 60 78645 78646 1234 5 67 10 1112 1314151 (16) 33/03 33/02 5.58 9.68 6 0 60 89(S) 60 60 08388B C 2 3 4 5 6 7 8 9 17 16 15 14 13 12 11 2 3 4 5 6 7 8 9 15 14 131211 10 10 44/01 A C A C KINGS HWY SA N D Y LN MARY L RD HEAV EN S E NT LN I I LMDR OS/R LMDR 1368 1372 1349 1364 1360 1419 1373 1357 1751 1344 1436 1353 1361 1413 1369 1431 1345 1425 1356 1348 1352 1356 1401 1360 1344 1400 1364 1368 1357 1352 1361 1348 1365 1353 1765 1424 1418 1345 1349 1412 1360 1734 1406 1407 1430 -N o t t o S c a l e - -N o t a S u r v e y - LMDR Attachment number 2 \nPage 5 of 7 Item # 9 Existing Surrounding Uses Map Owner: Rojas, Mary Ann and Jenaro Case: ANX2013-10032 Site: 1734 Kings Highway Property Size (Acres): ROW Size 0.434 acres 0.108 acers Land Use Zoning PIN: 03-29-15-00000-440-0100 From : To: RL R-4 RL LMDR Atlas Page: 260B 60 78645 78646 1234 5 67 10 1112 1314151 (16) 33/03 33/02 5.58 9.68 6 0 60 89(S) 60 60 08388B C 2 3 4 5 6 7 8 9 17 16 15 14 13 12 11 2 3 4 5 6 7 8 9 15 14 131211 10 10 44/01 A C A C KINGS HWY SA N D Y LN MARY L RD HEAV EN S E NT LN 1368 1372 1349 1364 1360 1419 1373 1357 1751 1344 1436 1353 1361 1413 1369 1431 1345 1425 1356 1348 1352 1345 1356 1349 1401 1360 1344 1400 1364 1368 1357 1352 1361 1348 1365 1353 1765 1424 1418 1412 1360 1734 1406 1407 1430 -N o t t o S c a l e - -N o t a S u r v e y - Single Family Homes Single Family Homes Single Family Homes School Community Center School Attachment number 2 \nPage 6 of 7 Item # 9 ANX2013-10032 Rojas, Mary Ann and Jenaro 1734 Kings Highway View looking west at the subject propertyat 1734 Kings Highway South of the subject property Across the street, to the east of the subject property North of the subject property View looking southerly along Kings Highway View looking northerly along Kings Highway. Attachment number 2 \nPage 7 of 7 Item # 9 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8508-13 on second reading, amending the Code of Ordinances Chapter 29 to provide for an exemption of public services taxes on a decreasing graduated basis for a period of five years; for the purchase of electricity or metered natural gas by certain customers for certain purposes. SUMMARY: Review Approval: Cover Memo Item # 10 Ordinance No. 8508-13 ORDINANCE NO. 8508-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CITY OF CLEARWATER CODE OF ORDINANCES, CHAPTER 29, TAXATION AND OTHER FEES, ARTICLE III, PUBLIC SERVICE TAX, SECTION 29.76, EXEMPTIONS; PROVIDING FOR AN EXEMPTION OF PUBLIC SERVICE TAXES ON A DECREASING GRADUATED BASIS FOR A PERIOD OF FIVE YEARS, FOR THE PURCHASE OF ELECTRICITY OR METERED NATURAL GAS, WHEN PURCHASED BY AN INDUSTRIAL CUSTOMER WITHIN THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM INDUSTRY NUMBER 33441 AND RELATED SUBCATEGORIES AS ESTABLISHED BY THE OFFICE OF MANAGEMENT AND BUDGET, WHICH USES SUCH ELECTRCITY OR GAS DIRECTLY IN THE MANUFACTURING, PROCESSING, COMPOUNDING, OR A PRODUCTION PROCESS, AT A FIXED LOCATION IN CLEARWATER, OF ITEMS OF TANGIBLE PERSONAL PROPERTY FOR SALE; REQUIRING ANY PURCHASER WHO CLAIMS AN EXEMPTION FROM THE PUBLIC SERVICE TAX TO CERTIFY TO THE SELLER IN WRITING THAT PURCHASER QUALIFIES FOR THE EXEMPTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the goal of the City of Clearwater to support economic growth by promoting and increasing the viability and profitability of business and commerce within the City of Clearwater; and WHEREAS, by providing incentives for businesses to relocate to, or expand within the City, employment opportunities will be created that will benefit the community, and promote and strengthen the local economy; and WHEREAS, as authorized by Chapter 166, Florida Statutes, the City of Clearwater imposes and collects a municipal public service tax on every purchase within the City of, among other things, electricity and metered natural gas, pursuant to Chapter 29, Article III, §§ 29.71, et.seq., of the Code of Ordinances of the City of Clearwater; and WHEREAS, subsection 166.231(6), Florida Statutes, provides that a municipality may exempt from said tax, any amount up to, and including, the total amount of electricity and/or metered natural gas when purchased by an industrial consumer which uses the electricity or gas directly in industrial manufacturing, processing, compounding, or a production process, at a fixed location within the municipality, of items of tangible personal property for sale; and WHEREAS, said statute requires that the municipality establish the requirements for qualification for the exemption in a manner prescribed by ordinance; and Attachment number 1 \nPage 1 of 3 Item # 10 Ordinance No. 8508-13 [GM13-9216-036/138662/1] 2 WHEREAS, the City hereby determines that the granting of a public service tax exemption will encourage existing businesses to expand and will draw new businesses to Clearwater, thereby achieving economic development and growth and enhancing the health, safety and welfare of the citizens of the City, serving a public purpose, and supporting the City’s Economic Development Strategic Plan; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 29, Taxation and Other Fees, Article III, Public Service Tax, Section 29.76, Exemptions, subsection (2) is hereby amended to add the following: (f) Purchases of electricity by an industrial customer within Industry Number 33441, North American Industry Classification System, which uses the electricity directly in industrial manufacturing, processing, compounding, or a production process, at a fixed location within the City of Clearwater, of items of tangible personal property for sale, shall be exempt on the following decreasing graduated scale for a period of five (5) years from March 1, 2015 (“Effective Date”): (1) For a period of one (1) year beginning on the Effective Date, purchases shall qualify for a fifty percent (50%) exemption; (2) For a period of one (1) year beginning on the first anniversary of the Effective Date, purchases shall qualify for a forty percent (40%) exemption; (3) For a period of one (1) year beginning on the second anniversary of the Effective Date, purchases shall qualify for a thirty percent (30%) exemption; (4) For a period of one (1) year beginning on the third anniversary of the Effective Date, purchases shall qualify for a twenty percent (20%) exemption; (5) For a period of one (1) year beginning on the fourth anniversary of the Effective Date, purchases shall qualify for a ten percent (10%) exemption; (6) On the fifth anniversary of the Effective Date, this exemption shall terminate. (g) Purchases of metered natural gas by an industrial customer within Industry Number 33441, North American Industry Classification System, which uses the metered natural gas directly in industrial manufacturing, processing, compounding, or a production process, at a fixed location within the City of Clearwater, of items of tangible personal property for sale, shall be exempt on the following decreasing graduated scale for a period of five (5) years from March 1, 2015 (“Effective Date”): (1) For a period of one (1) year beginning on the Effective Date, purchases shall qualify for a one hundred percent (100%) exemption; (2) For a period of one (1) year beginning on the first anniversary of the Effective Date, purchases shall qualify for an eighty percent (80%) exemption; (3) For a period of one (1) year beginning on the second anniversary of the Effective Date, purchases shall qualify for a sixty percent (60%) exemption; Attachment number 1 \nPage 2 of 3 Item # 10 Ordinance No. 8508-13 [GM13-9216-036/138662/1] 3 (4) For a period of one (1) year beginning on the third anniversary of the Effective Date, purchases shall qualify for a forty percent (40%) exemption; (5) For a period of one (1) year beginning on the fourth anniversary of the Effective Date, purchases shall qualify for a twenty percent (20%) exemption; (6) On the fifth anniversary of the Effective Date, this exemption shall terminate. (h) Any purchaser who claims an exemption from the public service tax pursuant to subsections (f) and (g) shall provide written certification to the seller, certifying entitlement to the exemption, in the format as prescribed by the City of Clearwater Economic Development & Housing Department. A seller accepting the certification required by this subsection is relieved of the obligation to collect and remit tax. If it is determined at any time that purchaser was not entitled to receive such exemption, purchaser shall be subject to all taxes exempted during said period on non-eligibility. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ____________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 3 of 3 Item # 10 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8524-13 on second reading, approving an ad valorem tax exemption for Instrument Transformers, Inc. SUMMARY: Review Approval: Cover Memo Item # 11 Ord 8524-13 Instrument Transformers, Inc, - ED AVTE 1 ORDINANCE NO. 8524-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, APPROVING FOR INSTRUMENT TRANSFORMERS, INC. AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION; PROVIDING FINDINGS OF FACT; PROVIDING GRANTING OF AD VALOREM TAX EXEMPTION; PROVIDING FOR APPLICABILITY; PROVIDING FOR A SUNSET DATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That an Economic Development Ad Valorem tax exemption shall be approved for Instrument Transformers, Inc. – Tax year 2014 through Tax year 2023 as provided herein: (a) Findings of Fact (1) Article VII, Section 3, of the Constitution of the State of Florida and Section 196.1995, Florida Statutes, provide that the City may grant Economic Development Ad Valorem Tax Exemptions to New Businesses and Expansions of Existing Businesses, as defined in Section 196.012 (15)(16), Florida Statutes, by ordinance provided that the electors of the City, voting on the question in a referendum, authorize the City to adopt such ordinances. On November 6, 2012, voters of the City of Clearwater approved the referendum, authorizing the City Council of the City of Clearwater (the “Council”) to grant Economic Development Ad Valorem Tax Exemption pursuant to state law. (2) Chapter 29, Article VII of the Code of Ordinances of the City of Clearwater (the “Code”) sets forth the process and procedures for implementing the Economic Development Ad Valorem Tax Exemption program. (3) Pursuant to Section 29.204 of the Code, Instrument Transformers, Inc. (“the Company”) submitted an application to the City requesting an ad valorem tax exemption for seventy-five percent (75%) of the assessed value of the qualifying improvements to real property and qualifying tangible personal property specified in its application for a period of ten (10) years, commencing with Tax Year 2014 (“the Company Application”). The Company Application is incorporated herein by reference, and a copy of said Application shall be retained by the City of Clearwater Economic Development & Housing Department for at least the duration of the Attachment number 1 \nPage 1 of 5 Item # 11 Ord 8524-13 Instrument Transformers, Inc, - ED AVTE 2 Exemption Period. (4) In its application, the Company stated the following: a. Name of business: Instrument Transformers, Inc; Location: 1907 Calumet Street, Clearwater, Florida 33765 also known as 1925 Calumet Street, Clearwater, Florida 33765; b. It will create a total of 143 new jobs by December 31, 2015, an average annual wage of all new jobs that shall together be no less than $42,000; c. Through December 31, 2015, it will invest approximately Forty-Nine Million Dollars ($49,000,000.00) in the expansion of its City of Clearwater facility, including the purchase or lease of new equipment; d. It produces an innovative line of products with unique licensed designs and with GE’s global breadth, size and commitment to innovation, it is able to better understand world challenges and turn them into opportunities; e. It is committed to local procurement and will strive to incorporate as many qualified local and small business firms as appropriate in each trade category for the proposed site preparation and building construction and is committed to hiring locally and leverages the services of WorkNet Pinellas as well as local staffing agencies to assist in filling positions; f. It is committed to environmental sustainability as evidenced by the Company’s recent receipt of the GE eC02 award for exemplary progress toward meeting Corporate environmental goals. Additionally, in Q12013, GE installed an SF6 recovery system at the Company facility to drastically reduce emissions of this potent greenhouse gas; g. 99.75% of its revenues are generated from sales outside the Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area (MSA). (5) Pursuant to Section 29.205 of the Code, the Property Appraiser completed its review of the Company Application and submitted its report to the City, dated November 8, 2013. The Property Appraiser report included the following information: Attachment number 1 \nPage 2 of 5 Item # 11 Ord 8524-13 Instrument Transformers, Inc, - ED AVTE 3 a. Total revenue available to the City for the current fiscal year from ad valorem tax sources: $39,922,918; b. Revenue lost to the City for the current fiscal year by virtue of exemptions previously granted under this section: $0; c. Estimate of the revenue which would be lost to the City during the current fiscal year if the exemption applied for were granted and the property for which the exemption is requested would otherwise have been subject to taxation: $195,065; d. Estimate of the taxable value lost to the City if the exemption applied for was granted: Improvements to Real Property: $21,360,000; Personal Property: $16,480,000; e. A determination that the Company meets the definition of “Expansion of an Existing Business”, as defined in Section 196.012(16), Florida Statutes. (6) The Instrument Transformers Application meets all statutory and ordinance requirements. (b) Grant of Ad Valorem Tax Exemption. (1) Pursuant to Section 29.205(c) of the Code, the Council reviewed the Company Application, applied the City of Clearwater Economic Development Policy Guidelines, and finds that: a. The Company currently employs 436 full-time employees at its City of Clearwater facility and represents that that it will create a total of 143 new jobs by December 31, 2015, with an average annual wage of all new jobs that shall together be no less than Forty-Two Thousand Dollars ($42,000); b. The Company represents that it will invest Forty-Nine Million Dollars ($49,000,000.00) in the expansion of its City of Clearwater facility, including the purchase or lease of new equipment; c. The Company is an innovative business; d. The Company represents that to the extent that qualified suppliers are available in City of Clearwater, it will purchase its materials and equipment locally; e. The Company represents an estimated 6% of its workforce will reside in City of Clearwater; Attachment number 1 \nPage 3 of 5 Item # 11 Ord 8524-13 Instrument Transformers, Inc, - ED AVTE 4 e. The Company will continue to make a net positive contribution to the local economy as determined by the impact analysis conducted; and f. More than 50% of its product is shipped outside of the MSA. As a result of the above findings, the Council concludes that granting an Economic Development Ad Valorem Tax Exemption to the Company to encourage expansion of its business will promote economic sustainability within the City through the creation of jobs and utilization of local resources. (2) The Council hereby grants to the Company and establishes on behalf of the Company an Economic Development Ad Valorem Tax Exemption of seventy-five percent (75%) of the assessed value of the net increase in qualifying improvements to real property and qualifying tangible personal property as set forth in the Company Application, acquired by the Company after the adoption of this Ordinance to facilitate the expansion of its business (the “Instrument Transformers, Inc. Ad Valorem Tax Exemption”). (3) The Instrument Transformers Ad Valorem Tax Exemption shall be for a period of ten (10) tax years (the “Exemption Period”), commencing with Tax Year 2014 through Tax Year 2023. The Instrument Transformers Ad Valorem Tax Exemption is conditioned upon the Company entering into an agreement with the City stating that it shall remain in compliance with Section 29.207 of the Code throughout the Exemption Period as well as the Business Maintenance and Continued Performance provision of the Company Application. Should the Company fail to comply with Section 29.207 of the Code or the Business Maintenance and Continued Performance provision of the Company Application, the Council may revoke the Instrument Transformers Ad Valorem Tax Exemption and recover any taxes exempted during the Exemption Period pursuant to Section 29.208 of the Code. (4) The Company agrees to abide by the terms and conditions set forth in Article VII of Chapter 29 of the Code, as amended from time to time, as well as any policies and procedures enacted by the Council from time to time related to the Economic Development Ad Valorem Tax Exemption program. Failure to do so may result in revocation of the Instrument Transformers Ad Valorem Tax Exemption and the City’s recovery of any taxes exempted during the Exemption Period. (c) Applicability. Attachment number 1 \nPage 4 of 5 Item # 11 Ord 8524-13 Instrument Transformers, Inc, - ED AVTE 5 The City ad valorem tax exemption granted herein applies only to ad valorem taxes levied by City of Clearwater on the qualifying improvements to real property and qualifying tangible property specified in the Company Application. The exemption does not apply to taxes levied by a county, school district, or any special taxing district, or to taxes levied for the payment of bonds or taxes authorized by a vote of the electors pursuant to Section 9 and Section 12, Article VII of the State Constitution. (d) Sunset Date. The Instrument Transformers Ad Valorem Tax Exemption shall be in effect through Tax Year 2023, at which time this ordinance shall automatically sunset and no longer be in force and effect. Section 2. If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or applications. To this end, the provisions of this article are declared severable. Section 3. The provisions of this Ordinance shall become effective immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED 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 Attachment number 1 \nPage 5 of 5 Item # 11 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Approve settlement of workers' compensation claim of Mr. Terry Butler, for payment of $50,100, inclusive of costs, attorney fees, and general release, and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 28, 2011, as Mr. Butler returned to his city vehicle from a work break he was intentionally struck by a passing vehicle. He suffered a serious right knee injury that involved surgery with extensive rehabilitation. Mr. Butler was placed at maximum medical improvement as of June 5, 2012, with a 10% impairment rating. He returned to work temporarily and later applied for a disability pension, which he currently receives. The requested amount of $50,100 would settle the entire indemnity and medical claim, including all attorney fees, costs, and a general release. The City's Risk Management Division and the City's Claims Committee recommend approval. Funding for the settlement payment is available in the budget for claims expense in the Central Insurance Fund. Type:Other Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:50,100.00 Annual Operating Cost: Not to Exceed:Total Cost:50,100.00 For Fiscal Year:2014 to 2014 Appropriation Code Amount Appropriation Comment 0590-07000-545800-519-000- 0000 $50,100.00 Review Approval: Cover Memo Item # 12 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Approve the conveyance of a Distribution Easement to be granted to Duke Energy for the installation of electrical facilities within city Project 13-0032-GA, Compressed Natural Gas Filling Station Upgrades, to be executed and recorded at such time as the as-built location of such facilities is available; and authorize the appropriate officials to execute same. (consent) SUMMARY: Duke Energy (Duke) will be installing facilities in support of the City’s plans to upgrade the Compressed Natural Gas Filling Station located at 1020 N. Hercules Avenue. The improvements will increase compression capacity and provide for back-up capabilities. Staff is requesting that Council approve the easement at this time; however the easement shall not be executed and recorded until the facilities installation is complete and an as-built diagram may accurately reflect facilities location as an exhibit to the easement. Type:Other Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:0 Annual Operating Cost:0 Not to Exceed:0 Total Cost:0 For Fiscal Year:10/1/2013 to 9/30/2014 Review Approval: Cover Memo Item # 13 This document prepared by Kristy Parker Return to: Duke Energy - Support Services 3300 Exchange Place, NP4A Lake Mary, FL 32746 SEC: 12 TWP: 29S RGE: 15E COUNTY: PINELLAS PROJECT: CW-13-572006 GRANTOR: CITY OF CLEARWATER SITE ADDRESS: 1020 N HERCULES AVENUE, CLEARWATER, FL. 33755 TAX PARCEL NUMBER: 12/29/15/55836/001/0013 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, INC., d/b/a DUKE ENERGY, a Florida corporation (“GRANTEE”), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: Utility Easement more particularly described on Exhibit “A” attached hereto and by this reference made a part hereof. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s Attachment number 1 \nPage 1 of 3 Item # 13 facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and GRANTOR shall not have any liability related to errors in the legal description. GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. Attachment number 1 \nPage 2 of 3 Item # 13 IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _____ day of ___________________________, 2013. GRANTOR: Countersigned: _________________________________ By: _______________________________ George N. Cretekos, Mayor William B. Horne, II, City Manager Approved as to form: Attest: ____________________________ ____________________________ Laura Mahony Rosemarie Call, City Clerk Assistant City Attorney State of Florida ) ) ss County of Pinellas ) BEFORE ME, the undersigned, personally appeared George N. Cretekos and William B. Horne, II, the Mayor and City Manager, respectively, of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be their free act and deed for the use and purpose herein set forth, and who are personally known to me. WITNESS my hand and official seal this _______ day of _____________________, 2013 ____________________________________ My commission expires: Notary Public Print/Type Name ______________________ Attachment number 1 \nPage 3 of 3 Item # 13 HARDING S T ST McKINLEY HARDING PLAZA ST C I N C I N N A T I S T PATRICIA MARILYN AVE DR DREW DREW PLAZA STWAY HAR DING ST P A R K CR-425 KERRY GRAHAM N E C O A C H M A N DR SHARKEYMARILYN R D S R-5 9 0 ST CR-528 D E L L AVE ST KAPP DR RANGE PARK HERCULES GRAND WEAVERAVE CEPHAS PALMETTO DR PALMETTOCR-550 RD Carriage Ln Lantern Way PRO JE C TSITE PROJECTSITE ^ LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM CHL N.T.S.271 A 12-29s-15w11/25/2013Map Gen B y:Reviewed By:S-T-R:Grid #:Date:Scale: Compressed Natural Gas Filling Station,1020 N. Hercules Avenue, ClearwaterDistribution Easement to Duke Energy Document Path: V:\GIS\E ngineering\Location Maps\Compressed_Natural_Gas_Easement_1020Herc.mxd Attachment number 2 \nPage 1 of 1 Item # 13 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Approve the advisory consulting agreement between the City and Independent Financial Partners for the continued provision of advisor/consultant services by Montgomery Retirement Plan Advisors to the City 457 Deferred Compensation Plans and the City 401a Money Purchase Pension plan and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2011, Council authorized the City to retain Montgomery Retirement Plan Advisors to serve as advisor/consultant to the City’s 457 and 401a defined contribution retirement plans. Montgomery has recently established a new Registered Advisor Relationship with Independent Financial Partners (IFP), a fee-only SEC-registered investment adviser providing individualized investment advice to clients through a network of Investment Adviser Representatives operating independently under separate business names, including Montgomery. As such, Montgomery is requesting that all clients sign a new advisory consulting agreement for the services that they provide. The new agreement contemplates no changes to the relationship between the City and Montgomery, the services that they currently provide to the City, or the fees for said services. Under the agreement, Montgomery will continue providing fiduciary consulting services and resources including monitoring the performance of investment plan managers, benchmarking fees and cost reduction initiatives, assisting with fund selection, preparing performance reports and investment recommendations, attending City Defined Contribution Retirement Plan Fiduciary Committee and annual comprehensive Fiduciary Plan Review meetings, and offering participant education guidance. The agreement has been reviewed by the City’s retirement plan counsel Klausner, Kaufman, Jensen, and Levinson and by the City’s Retirement Plan Fiduciary Investment Committee. There is no cost increase associated with this request and funds are currently provided for Montgomery Retirement Plan Advisors services in the City budget. Review Approval: Cover Memo Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 Use this form for non-discretionary advisory retirement plans. Please fill in all necessary fields within the Agreement first. Once complete, continue to fill in any missing data left on the IFP Transmittal Form. Any change to the approved language will require IFP’s Home Office pre-approval. Fax completed Agreement to (813) 288-0701 or Email to IFPRetirementPlans@ifpartners.com. IFP TRANSMITTAL FORM Retirement Plan Data Extract Reviewed By: Date: A. Sponsor Information: Sponsor’s Name: City of Clearwater Tax ID: Plan Tax ID: Plan Type: 401(a) Defined Contribution Plan and 457(b) Plan with two recordkeepers Authorized Plan Sponsor Representative: Allen DelPrete Plan Sponsor Mailing Address: 100 South Myrtle Avenue, Clearwater, FL 33756 Phone Number: 727.562.4876 Fax Number: Email Address: allen.delprete@myclearwater.com B. Service Providers (Other than IFP & Advisor): Platform Name: 401(a) Plan: ICMA-RC; 457(b) Plan: Nationwide and ICMA-RC Product Name: Name of Trustee or Corporate Trustee: Custodian: Recordkeepers Recordkeeper: 401(a) Plan: ICMA-RC; 457(b) Plan: Nationwide and ICMA-RC Third Party Administrator: Recordkeepers C. Plan Financial/Employee Information: Assets in Plan: Nationwide 457(b): $14,600,000; ICMA-RC: 457(b): $40,522,000; 401(a): $6,485,000 Employees: Eligible Employees: Participants: Nationwide: 371; ICMA-RC: Fees: D. Investment Adviser Representative: Advisor Name(s): W. Michael Montgomery Phone Number: 813.909.9305 Advisor ID / Split ID: JH5F Fax Number: 813.868.1921 Advisor DBA: Montgomery Retirement Plan Advisors Email Address: mmontgomery@m-rpa.com Advisor Address: 14502 N. Dale Mabry Hwy, Suite 328, Tampa, FL 33618 Name of Plan: City of Clearwater 401(a) Money Purchase Pension Plan City of Clearwater ICMA 457 Government Plan and Trust City of Clearwater Nationwide 457 Governmental Plan and Trust Name of Employer/Plan Sponsor: City of Clearwater Attachment number 1 \nPage 1 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 1 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 FOR IFP OFFICE USE ONLY This Retirement Plan Consulting Agreement and Appendices A, B and C, which are attached and incorporated by reference (collectively, the “Agreement”), is made by and between the Employer/Plan Sponsor (the “Sponsor”) of the retirement plan or plans named above and described in the Retirement Plan Information Form at Appendix A (the “Plan”), and William E. Hamm and Asso ciates, Inc., a registered investment adviser (the “RIA”), a corporation with its principal office in Tampa, Florida, that is federally registered with the U.S. Securities and Exchange Commission (“SEC”) as an investment adviser under the Investment Advisers Act of 1940 (the “Act”), is doing business as Independent Financial Partners, and is acting through the investment adviser representative identified in the signature page following section 11 (the “Investment Adviser Representative”). The effective date of this Agreement is the date accepted by an officer of RIA signing on the signature page. 1. SERVICES RIA, through the Investment Adviser Representative agrees to provide to the Plan the services selected by Sponsor by marking the box before each service in Appendix B (“Services”). The Services that may be selected in Appendix B are identified in Appendix B as either Advisory Services or Consulting Services. 1.1 Advisory Services If Sponsor selects any service that is identified in Appendix B as an Advisory Service, Investment Adviser Representative agrees to perform that Service to the Plan as a fiduciary, and will act in good faith and with the degree of diligence, care and skill that a prudent person rendering similar services would exercise under similar circumstances. When providing any Advisory Services, Investment Adviser Representative will solely be making recommendations to Sponsor and Sponsor retains full discretionary authority or control over assets of the Plan. Sponsor is not required to implement any recommendations made by Investment Adviser Representative or to otherwise conduct business through Investment Adviser Representative. Any recommendations are based upon Investment Adviser Representative’s professional judgment and the results are not guaranteed . 1.2 Consulting Services If Sponsor selects any service that is identified in Appendix B as a Consulting Service, Investment Adviser Representative agrees to perform that Service solely in a capacity that would not be considered a fiduciary under any applicable law. 1.3 Limitations on Services Sponsor understands and agrees that in providing any Service selected in Appendix B, RIA, directly or acting through the Investment Adviser Representative: a) Will not, unless expressly stated in writing: (i) serve as a Plan custodian, third party administrator or recordkeeper; or (ii) assume the duties of a trustee of the Plan or administrator. Specifically, and without limitation, RIA, directly or acting through the Investment Adviser Representative, has no authority, discretion or responsibility to: (i) interpret the Plan documents; (ii) handle benefit claims under the Plan; (iii) determine Name of Plan: City of Clearwater 401(a) Money Purchase Pension Plan City of Clearwater ICMA 457 Government Plan and Trust City of Clearwater Nationwide 457 Governmental Plan and Trust Name of Employer/Plan Sponsor: City of Clearwater Attachment number 1 \nPage 2 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 2 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 eligibility or participation under the Plan; (iv) calculate benefits; (v) prepare or distribute any notices to participants or beneficiaries; (vi) determine amount or timing of contributions to the Plan or distributions or withdrawals from the Plan (vii) select or certify any investment advice computer model or (viii) any other service not expressly stated in Appendix B. b) Will have no authority or responsibility to vote proxies for securities held by the Plan or take any other action relating to shareholder rights regarding those securities, including delivering the prospectus for those securities. Sponsor reserves to itself all authority to vote proxies. c) Will not, and cannot, provide legal or tax advice to Sponsor and/or the Plan (or any Plan participant or beneficiary), and Sponsor agrees to seek the advice of its own legal and/or tax adviser, as to all matters concerning the Plan, including, without limitation, the operations and administration of the Plan and how the Plan may comply with applicable law, including the Internal Revenue Code of 1986, as amended (the “Code”). d) Will not have any responsibilities or potential liabilities for (i) investments offered by the Plan that are not recommended to the Plan by RIA, directly or acting through the Investment Adviser Representative (e.g., employer securities, mutual fund windows, self -directed brokerage accounts, etc.), (ii) plan assets that have been excluded from the Services, as designated in Appendix A, or (iii) special investment instructions made by Sponsor, as specified in Appendix A. e) Will not be responsible or liable for recommendations or services rendered by third -party service providers (“other provider”) or the other provider’s compliance with applicable laws, including, without limitation, the Code. 2. FEES 2.1 Amount and Payment In consideration for the Services provided, Sponsor will pay, or will cause the Plan to pay, to RIA fee(s) described in Appendix C (the “Fees”). Sponsor acknowledges that the Plan may incur other fees and expenses, including but not limited to investment-related expenses imposed by other service providers and mutual fund managers not affiliated with RIA, or Investment Adviser Representative, and other fees and expenses charged by the Plan’s custodian, trustee, third-party administrator, and/or recordkeeper. RIA, directly or acting through Investment Adviser Representative, makes no representations about any costs or expenses associated with the services provided by any third parties. The only direct compensation received by RIA for Services rendered by the Investment Adviser Representative are the Fees, and no increase in the Fees will be effective without prior written Notice as defined in Section 10.5 of this Agreement. Despite this, and not necessarily related to the Services, various ven dors, product providers, distributors and others may provide non -monetary compensation by paying some expenses related to training and education, including travel expenses, and attaining professional designations. RIA and/or Investment Adviser Representative might receive payments to subsidize its/their own training programs. Certain vendors may invite RIA and/or Investment Adviser Representative to participate in conferences, on-line training or provide publications that may further RIA and/or Investment Adviser Representative and employees’ skills and knowledge. Some may occasionally provide RIA and/or Investment Adviser Representative gifts, meals and entertainment of reasonable value consistent with industry rules and regulations. Advisor will not accept any direct or indirect compensation, dealers’ concessions, placement fees, finder’s fees, 12b -1 fees, shareholder servicing fees or revenue sharing, or any other form of hard -dollar or soft-dollar payments from plan vendors or investment managers, other than the non-monetary compensation for training and education, travel expenses, attaining professional designations, in-house training programs, conferences, on-line training, publications, gifts, meals and entertainment of reasonable value consistent with industry rules and regulations, and as described above. Attachment number 1 \nPage 3 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 3 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 2.2 Authorization to Remit Fees and Information Sponsor agrees to instruct the Plan’s recordkeeper or custodian (or other custodian of the Plan’s assets) (collectively, “Recordkeeper”) regarding its obligation to calculate the Fees according to Appendix C. Notwithstanding the Plan’s obligation to pay Fees, Sponsor may elect within its sole discretion to pay any or all Fees to RIA instead of the Plan paying the Fees, provided that any Fees remaining unpaid after thirty (30) days from the date of invoice will be due and payable immediately by the Plan. If Sponsor elects to direct the Recordkeeper to pay the Fees to RIA from Plan assets pursuant to Appendix C, Sponsor will authorize the Recordkeeper to remit the Fees within thirty (30) days, directly to RIA. Sponsor also agrees that, to the extent permitted by law, it is solely responsible for verifying the accuracy of the calculation of the Fees and that RIA and the Investment Adviser Representative are not liable to the Plan, Plan participants or beneficiaries, or any other fiduciary of the Plan or anyone else for errors in the calculation or payments. The Sponsor further authorizes all third-party service providers to provide RIA and/or Investment Adviser Representative with copies of reports or information provided to the Sponsor. If a Solicitor is named on Appendix A, Sponsor understands and agrees that RIA and/or Investment Adviser Representative will pay a portion of the Fee to the Solicitor in accordance with an agreement between the Solicitor and RIA and/or Investment Adviser Representative. These arrangements are described in RIA’s ADV and in a separate disclosure document, both of which the Solicitor is required to and has provided to Sponsor and Sponsor acknowledges that it has received them. The separate disclosure document contains information about the services the Solicitor may perform, which may include one or more of the Consulting Services, as well as the amounts RIA and/or Investment Adviser Representative will pay to the Solicitor. These arrangements will not change the Fees that Sponsor pays to RIA under this Agreement and the Fee rate will be the same as for similarly situated sp onsors who are not referred to RIA and/or Investment Adviser Representative by a Solicitor. Sponsor also agrees and understands that RIA and/or Investment Adviser Representative may engage third parties as subcontractors to assist RIA and/or Investment Adviser Representative in performing any Consulting Service and may engage sub-advisers to assist it/them in providing any investment advisory services. Any of these arrangements, and the compensation allocated to any third party, will be described in a s eparate disclosure document provided to Sponsor. 3. CUSTODY OF ASSETS AND OTHER SERVICES The only services RIA and/or Investment Adviser Representative will provide to the Plan are described in this Agreement. Custody of all Plan assets will be maintained with a third -party custodian selected by Sponsor, and Plan recordkeeping will be provided by a third-party recordkeeper selected by Sponsor. Neither RIA, nor Investment Adviser Representative, will have custody of any Plan assets. Sponsor will be solely responsible for paying all fees or charges of the Recordkeeper. Neither RIA, Investment Adviser Representative, nor any of their affiliates will have any liability for custodial arrangements or the acts, conduct, or omissions of the custodian. Sponsor authorizes the Recordkeeper to provide RIA and/or Investment Adviser Representative with copies of all periodic statements and other reports that the R ecordkeeper sends to Sponsor. Neither RIA, nor Investment Adviser Representative, is responsible for placing trades or entering orders for securities transactions with Plan assets or executing any trades or orders. Placing and executing trades in Plan assets will be the responsibility of the Plan’s recordkeeper or custodian; provided that RIA and/or Investment Adviser Representative may recommend the custodian to replace an investment option offered under the Plan. 4. NON-EXCLUSIVITY Sponsor understands that RIA and/or Investment Adviser Representative may perform among other things, retirement plan consulting, retirement plan fiduciary consulting, retirement plan design consulting, plan administration, and portfolio management services for other clients. Sponsor recognizes that RIA and/or Investment Adviser Representative or any of its/their affiliates may also give advice and take action in the performance of its duties for those other clients (including those who may have similar retirement plan arrangements as Sponsor) that may differ from advice given, or in the timing and nature Attachment number 1 \nPage 4 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 4 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 of action taken, with respect to Sponsor. RIA and/or Investment Adviser Representative have no obligation to advise Sponsor in the same manner as it may advise any of its/their other clients. 5. VALUATION RIA and/or Investment Adviser Representative may rely, without independent verification, upon valuation of assets as provided by Sponsor or the Recordkeeper of the Plan’s assets. In all events, Sponsor acknowledges that any valuation will not be any guarantee of the market value of any of the assets in the Plan. 6. REPRESENTATIONS AND WARRANTIES OF SPONSOR Sponsor represents and warrants as follows: 6.1 Sponsor is solely responsible for determining whether or not to enter into any arrangement(s) in connection with the Plan (including this Agreement) that are deemed by Sponsor to be necessary for the management and operation of the Plan and for determining whether or not any arrangement(s) are reasonable and appropriate with respect to compensation paid for and conflicts of interest(s) arising in connection with the services and/or products provided, and Sponsor is not relying on any advice or recommendatio ns by RIA and/or Investment Adviser Representative in making its decisions. 6.2 Sponsor is not subject to the requirements of the Employee Retirement Income Security Act of 1974 (“ERISA”) and Sponsor, not RIA or Investment Adviser Representative, has the sole responsibility to make that determination. 6.3 This Agreement is binding on the Sponsor, authorized by the Plan and does not violate any prior obligation or agreement. 6.4 Sponsor is solely responsible for the Plan’s compliance (both in form and operation) with all applicable federal, state and local laws, rules and regulations, including, but not limited to, the Code. 6.5 Sponsor will comply with all applicable federal and state privacy and information security laws governing the use, disclosure and safeguarding of nonpublic personal information. 6.6 Sponsor is solely responsible for monitoring whether any class action lawsuits have been filed pertaining to investment recommendations, investment purchases, or investment sales, in determining whether the Plan is eligible to participate and whether it is in the best interest of the Plan to participate in a class action. 6.7 Sponsor authorizes RIA and/or Investment Adviser Representative to deliver documents and communicate with Plan and Plan participants or beneficiaries through the use of electronic means, including electronic mail and posting to a website. Sponsor, and neither RIA nor Investment Adviser Representative, is responsible for determining whether the use of any electronic communication complies with the requirements of the Code or other applicable law. Neither RIA nor Investment Adviser Representative will be responsible for prospectus delivery. 6.8 Any individual signing this Agreement and any appendices on behalf of the Sponsor represents that he/she: (i) is independent of and unrelated to RIA and/or Investment Adviser Representative or any of their affiliates; (ii) is a plan fiduciary or an authorized delegate with respect to the control or management of the assets of the Plan; (iii) has the power and authority to appoint registered investment advisers and consultants under the terms of the Plan and to enter into contractual arrangements with third parties to assist in the discharge of these and related duties in accordance with the Plan and applicable law; and (iv) is authorized to sign on behalf of the Sponsor and no other signatures are required. 6.9 Sponsor will promptly provide RIA and Investment Adviser Representative any amendments to the Plan’s governing documents that are reasonably expected to alter or affect RIA and/or Investment Adviser Representative in the performance of Services under this Agreement, in accordance with Section 10.5. 6.10 Before this Agreement was entered into, Investment Adviser Representative and/or Solicitor provided to Sponsor information regarding services, compensation, fiduciary obligations and conflicts of interest, and Sponsor Attachment number 1 \nPage 5 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 5 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 acknowledges that it received that information sufficiently in advance of entering into this Agreement to make a n informed decision to engage RIA and Investment Adviser Representative. The information is included in this Agreement, in the Appendices, in RIA’s Form ADV Part 2A (“ADV”), and Investment Adviser Representative’s Form ADV Part 2B (“Brochure Supplement”). This information may be supplemented by disclosures provided by RIA and/or Investment Adviser Representative. Sponsor has reviewed and considered the contents of the Agreement and has determined the Services to be: (i) in the best interests of the Plan and its participants; (ii) necessary for the operation of the Plan; and (iii) reasonable and appropriate based upon the compensation to be paid for the Services. 6.11 Sponsor specifically acknowledges receipt of RIA’s ADV and any supplements to the ADV, each as required by Rule 204- 3 of the Investment Advisers Act of 1940. 6.12 Sponsor acknowledges that investments fluctuate in value and the value of investments when sold may be more or less than when purchased, and that past investment performance does not necessarily guarantee any level of future investment performance. 6.13 The Plan documents (and related Trust documents) permit payment of the Fees out of Plan assets. 6.14 Sponsor will cooperate fully with RIA and/or Investment Adviser Representative in providing the Services. Sponsor will authorize the Recordkeeper to provide RIA and/or Investment Adviser Representative information or data about the Plan and the Plan’s assets (and investment earnings or losses) that RIA and/or Investment Adviser Representative reasonably requests. 7. REPRESENTATIONS OF RIA AND INVESTMENT ADVISER REPRESENTATIVE RIA and Investment Adviser Representative represent, as applicable, as follows: 7.1 RIA is registered as an investment adviser under the Act, and will maintain its registration. 7.2 RIA and Investment Adviser Representative have the power and authority to enter into and perform this Agreement, and will obtain and/or maintain any authorizations, permits, certifications, licenses, filings, registrations, approvals or consents, which must be obtained by it from any third party, including any governmental authority, in connection with this Agreement. 7.3 RIA will receive the compensation shown in Appendix C only, and does not receive any compensation from any third party in connection with the Services. 7.4 RIA and/or Investment Adviser Representative agrees to comply with all applicable federal and state privacy and information security laws governing the use, disclosure and safeguarding of nonpublic personal information. 8. INDEMNITY; DATA DISCLOSURE 8.2 Indemnification a. If RIA and/or Investment Adviser Representative are required to provide documents or testimony in connection with a legal proceeding involving the Plan, Sponsor will pay RIA’s and/or Investment Adviser Representative’s reasonable costs, including the costs of its personnel and counsel, unless RIA and/or Investment Adviser Representative is a party to the proceeding and is found to have engaged in intentional misconduct, gross negligence or breach of fiduciary duty. b. Sponsor will promptly notify RIA and Investment Adviser Representative of any errors in accuracy or completeness in any of the data, analyses, opinions, or other information it provided to RIA and/or Investment Adviser Representative in connection with the Services. Neither RIA nor Investment Adviser Representative will be Attachment number 1 \nPage 6 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 6 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 responsible for any payment or contribution to the costs, fees, taxes, or penalties that the Sponsor, Plan participants or beneficiaries, or other Plan fiduciary incur as a result of any valuation or payment. 8.2 Data Disclosure RIA and/or Investment Adviser Representative will use reasonable efforts to ensure that the data, analysis, opinion, and other information it provides in connection with the Services are correct. Although gathered from sources believed to be reliable, Sponsor acknowledges that RIA and/or Investment Adviser Representative cannot guarantee the accuracy of the information received by Sponsor or third parties used to provide the Services. The completeness and timeliness of all data and information used to provide the Services is dependent upon the sourc es of that data and information, which are outside of RIA’s and/or Investment Adviser Representative’s control. 8.3 Information from Sponsor The Services provided by RIA and Investment Adviser Representative are based in part on information provided by Sponsor, Sponsor’s representatives, and Sponsor’s other service providers. Sponsor acknowledges that RIA and Investment Adviser Representative are entitled to rely upon all information necessary for them to carry out their duties under this Agreement that is provided by Sponsor’s representatives or Sponsor’s other service providers without independent verification by RIA and/or Investment Adviser Representative. Sponsor represents that all information provided to RIA and/or Investment Adviser Representative will be true, correct, timely and complete in all material respects. Sponsor agrees to promptly notify RIA and Investment Adviser Representative in writing of any material change in the information provided to RIA and Investment Adviser Representative, and to promptly provide any additional information as may be reasonably requested by RIA and/or Investment Adviser Representative. 8.4 Authority to Receive Information from Third Parties RIA and Investment Adviser Representative are authorized by Sponsor to obtain all information from service providers, investment managers, the Plan's trustee and Plan’s administrator as RIA and Investment Adviser Representative may reasonably require. Sponsor authorizes the Plan’s custodian, product vendor, trustee or any third party responsible for any aspect of plan operation to promptly release the information to RIA and Investment Adviser Representative immediately upon request by RIA and/or Investment Adviser Representative. RIA and Investment Adviser Representative will not be under any obligation to verify any information obtained from the Plan or its agents and may rely upon the information in performing Services. RIA and Investment Adviser Representative may obtain information from a wide variety of publicly available sources and do not claim to have sources of inside or private information. 9. TERMINATION Unless terminated, this Agreement is ongoing. Any party may terminate this Agreement without charge or penalty upon 30 days prior written Notice to the other party(ies). RIA will be entitled to a pro-rata amount of compensation earned prior to the date of termination. Any termination will not, however, affect the liabilities or obligations of the parties arising from transactions initiated prior to the termination, and the liabilities and obligations (together with the provisions of Sections 8, 10.8 and 11) will survive any expiration or termination of this Agreement. Upon termination, RIA and Investment Adviser Representative will have no further obligation under this Agreement to act or advise Sponsor with respect to Services except as agreed to by the parties at the time of termination. 10. GENERAL PROVISIONS 10.1 Assignability This Agreement is not assignable by either party without the prior written consent of the other party. Sponsor will be deemed to provide written consent to any proposed assignment if the procedures of Section 10.3, known as “negative Attachment number 1 \nPage 7 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 7 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 consent” procedures, are followed. Both parties acknowledge and agree that transactions that do not result in a change of actual control or management will not be deemed an assignment. 10.2 Effect This Agreement will be binding upon and will inure to the benefit of the parties and their respective heirs, successors, survivors, administrators and permitted assigns. 10.3 Modification The Agreement may be modified, including without limitation the Services to be provided by RIA and Investment Adviser Representative, or the Fees charged by RIA and Investment Adviser Representative: (i) by written agreement between RIA, Investment Adviser Representative and Sponsor; or (ii) in accordance with the following procedure: RIA and/or Investment Adviser Representative may propose to increase or otherwise change the Fees charged, to change the Services provided, to assign the Agreement or otherwise modify this Agreement by giving Sponsor at least sixty (60) days advance Notice of the proposed change. The Notice will be given in the manner described in Section 10.5 below. The Notice will: (i) explain the proposed modification of the Fees, Services, assignment or other provisions; (ii) fully disclose any resulting changes in the Fees to be charged as a result of any proposed change in the Services or other changes to this Agreement; (iii) identify the effective date of the change; (iv) explain Sponsor’s right to reject in writing the change or terminate this Agreement; and (v) state that pursuant to the provisions of this Agreement, if Sponsor fails to object to the proposed change(s) before the date on which the change(s) become effective Sponsor will be deemed to have consented to the proposed change(s). If Sponsor rejects any change to this Agreement proposed by RIA and/or Investment Adviser Representative, RIA and/or Investment Adviser Representative will not be authorized to make the proposed change. In that event Sponsor will have an additional sixty (60) days from the proposed effective date (or such additional time beyond 60 days as may be agreed to by RIA and Investment Adviser Representative) to locate a service provider in place and instead of RIA and/or Investment Adviser Representative. If at the end of the additional sixty (60) day period (or such additional time period as agreed by RIA and Investment Adviser Representative), the parties have not reached agreement, this Agreement will automatically terminate. 10.4 Severability If any one or more of the provisions of this Agreement (other than the provisions of Section 7) will, for any reason, be illegal or invalid, the illegality or invalidity will not affect any other provision of this Agreement, and this Agreement wi ll be enforced as if the illegal or invalid provision had not been included. 10.5 Notices Notice means any notice required or permitted under this Agreement which is in writing and (i) delivered personally; (ii) mailed by registered or certified mail, return receipt requested and postage prepaid; (iii) sent via a nationally recognized overnight courier service; (iv) sent via facsimile; or (v) sent by email: To Independent Financial Partners (RIA) or Investment Adviser Representative: Attn: Erik Aschenbrenner Title: Chief Operating Officer, Independent Financial Partners Address: 3030 North Rocky Point Drive West, Suite 700 City, ST Zip Code Tampa, FL 33607 Email: erik.aschenbrenner@ifpartners.com Phone: 813-341-0960 Fax: 813-288-0701 Attachment number 1 \nPage 8 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 8 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 To Sponsor: To the address on the signature page or the last address RIA has in its records following written Notice from Sponsor. All Notices will be deemed to have been given or made when delivered by hand or courier, or when sent by facs imile or email, or if mailed, on the third business day after being so mailed. 10.6 Headings All headings are for ease of reference only and in no way will be understood as interpreting, decreasing or enlarging the provisions of this Agreement. 10.7 Entire Understanding This Agreement is the entire understanding between the parties and supersedes all prior oral or written statements dealing with this subject. 10.8 Applicable Law; Forum This Agreement is governed by, and interpreted in accordance with the laws of the State of Florida without reference to conflict of law principles, unless preempted by federal law. The parties agree that any arbitration under Section 11 below must be conducted in Pinellas County, Florida (or when applicable, legal suit, action or proceeding arising out of or relating to this Agreement must be instituted and resolved in a State court in Pinellas County, Florida, or Federal court in Hillsborough County, Florida), and each party irrevocably submits to that jurisdiction and venue (and if applicable, that court) and waives any defense of forum non conveniens. 10.9 Waiver or Limitation Nothing in this Agreement will in any way constitute a waiver or limitation of any rights which the Sponsor or the Plan or any other party may have under federal or state securities laws. 11. DISPUTE RESOLUTION; ARBITRATION All disputes, actions or controversies between Sponsor and RIA and/or Investment Adviser Representative, or their affiliates, including any of their present or former officers, directors, agents or employees, which may arise out of or relate to any of the Services provided by RIA and Investment Adviser Representative under this Agreement, or the construction, performance or breach of this or any other agreement between RIA and/or Investment Adviser Representative, or their affiliates, and Sponsor, whether entered into prior to, on or subsequent to the date of this Agreement, will be resolved by negotiation of the parties acting in good faith. If the parties are unable to resolve their differences through negotiation, the parties will engage in non -binding mediation, using the services of an impartial, neutral mediator selected by mutual agreement of the parties. Mediation is voluntary once commenced, and either party may withdraw from the mediation process at its sole discretion at any time. The fees of the mediator will be shared equally by the parties. If the parties are unable to agree on a single mediator or to resolve the issues through mediati on, to the extent permitted by law, and if the parties agree by mutual agreement to arbitration, then the matter will be settled by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. Unless the parties can agree on a single arbitrator, the matter will be heard by a panel of three arbitrators, one selected by each party and the third selected by the two arbitr ators selected by the parties. Judgment upon any award rendered by the arbitrator(s) will be final, and may be entered into any court having jurisdiction. If the parties agree to binding arbitration, Sponsor is aware that: a. Arbitration is final and binding on the parties. Attachment number 1 \nPage 9 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 9 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 b. The parties are waiving their right to seek remedies in court, including the right to jury trial, except to the extent the waiver would violate applicable law. c. Pre-arbitration discovery is generally more limited than and potentially different in form and scope from court proceedings. d. The arbitration award is not required to includ e factual findings or legal reasoning and any Party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited. e. The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry. Sponsor understands that this Agreement to arbitrate does not constitute a waiver of its right to seek a judicial forum where such waiver would be void under federal or applicable state securities laws. The parties have executed this Agreement as of the Effective Date. (Signatures appear on the following page) Attachment number 1 \nPage 10 of 22 Item # 14 RPACA 3(21) (Non-ERIAS) Version 7.24.13 Retirement Plan Advisor y Consulting Agreement (Non-ERISA) 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Investment Adviser Representative Sponsor THIS AGREEMENT CONTAINS A BINDING AGREEMENT TO ARBITRATE IN SECTION 11. By: By: Print Name: W. Michael Montgomery Print Name: Allen DelPrete Title: Title: Address: 14502 N Dale Mabry #328 Address: 100 South Myrtle Avenue City, ST Zip Tampa, FL 33618 City, ST Zip allen.delprete@myclearwater.com Email: mmontgomery@m-rpa.com Email: RIA Acceptance Sponsor By: By: Print Name: Print Name: Title of Officer: Title: Address: 3030 N Rocky Point Dr W #700 Address: City, ST Zip Tampa, FL 33607 City, ST Zip Email: Email: Effective Date: Attachment number 1 \nPage 11 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 11 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 APPENDIX A - RETIREMENT PLAN ACCOUNT INFORMATION (Plan 1, Section 1) Plan Profile Plan Name City of Clearwater 401(a) Money Purchase Pension Plan Plan Tax ID: Plan Tax Status: Check here to confirm that plan is exempt from federal taxes. Plan Type ERISA Covered Plan Profit Sharing Plan Yes No Money Purchase Plan (401(a) Defined Contribution Plan) Yes No Defined Benefit Plan Yes No 401(k) Plan Yes No 403(b) Plan Yes No Other Please Identify: Yes No 457 Plan No Non-Qualified Plan Tax Bracket % No Is this an Owner-only Plan? Yes No Participant or Trustee Directed Plan Participant Directed Trustee Directed Both Plan Status Is this a new plan? Yes No Does any person, investment adviser or investment manager, other than Sponsor, have discretion or power of attorney authority over this account? Yes No If yes, please attach discretionary agreement Are plan assets being transferred from another custodian? Yes No If yes, please complete table below Please list plan assets to be transferred that are issued by Independent Financial Partners or its affiliates. State “None”, if none. Security Name Estimated % of Plan Assets APPENDIX A - RETIREMENT PLAN ACCOUNT INFORMATION (Plan 2, Section 1) Attachment number 1 \nPage 12 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 12 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 Plan Profile Plan Name City of Clearwater ICMA 457 Government Plan and Trust City of Clearwater Nationwide 457 Governmental Plan and Trust Plan Tax ID: Plan Tax Status: Check here to confirm that plan is exempt from federal taxes. Plan Type ERISA Covered Plan Profit Sharing Plan Yes No Money Purchase Plan (401(a) Defined Contribution Plan) Yes No Defined Benefit Plan Yes No 401(k) Plan Yes No 403(b) Plan Yes No Other Please Identify: Yes No 457 Plan No Non-Qualified Plan Tax Bracket % No Is this an Owner-only Plan? Yes No Participant or Trustee Directed Plan Participant Directed Trustee Directed Both Plan Status Is this a new plan? Yes No Does any person, investment adviser or investment manager, other than Sponsor, have discretion or power of attorney authority over this account? Yes No If yes, please attach discretionary agreement Are plan assets being transferred from another custodian? Yes No If yes, please complete table below Please list plan assets to be transferred that are issued by Independent Financial Partners or its affiliates. State “None”, if none. Security Name Estimated % of Plan Assets Plan Platform Attachment number 1 \nPage 13 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 13 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 Is this a Brokerage Account? Yes No If Yes, Please Indicate Account Number: Is this a Direct Account at a Mutual Fund or an Insurance Company? Yes No If yes, provide contact information below Account Number Product Name Provider Name ICMA-RC & Nationwide Phone Number Address Fax Number City, State Zip Code Email Address Is this an Open Architecture Plan with Separate Service Provider(s)? Yes No If yes, provide contact information below Service Provider Name Acct/Contract Number Services TPA Custodian Recordkeeper Trustee Provider Name Phone Number Address Fax Number City, State Zip Code Email Address Service Provider Name Acct/Contract Number Services TPA Custodian Recordkeeper Trustee Provider Name Phone Number Address Fax Number City, State Zip Code Email Address Service Provider Name Acct/Contract Number Services TPA Custodian Recordkeeper Trustee Trustee Provider Name Phone Number Address Fax Number City, State Zip Code Email Address Solicitor Information Solicitor Name Phone Number Address Fax Number City, State Zip Code Email Address Date ADV Materials Presented to the Client (see below) ADV Part 2A “Firm Brochure”, ADV Part 2B “Brochure Supplement” for BOTH the Advisor and Solicitor, and obtained Client Acknowledgement Form Plan Assets Excluded From Services Attachment number 1 \nPage 14 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 14 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 APPENDIX A - RETIREMENT PLAN ACCOUNT SPONSOR INFORMATION (Section 2) Plan Sponsor Profile Sponsor’s Name: City of Clearwater Phone Number: 727.562.4876 Street Address: 100 South Myrtle Avenue Fax Number: 727.562.4877 City, State, Zip: Clearwater, FL 33756 Website Address: www.myclearwater.com Mailing Address: (if different) P.O. Box 4748, Clearwater, FL 33758 State of Organization: Florida Country of Legal Establishment: U.S.A. Description (municipality, state agency, etc.): Municipality Employer Identification # Plan Sponsor’s Retirement Plans Does the Sponsor maintain other retirement plans? Yes No (if yes, please complete table) Plan Name Plan Type ERISA Covered Plan? Approximate Size of Plan (in US $) Sponsor’s Special Investment Instructions to Investment Adviser Representative Attachment number 1 \nPage 15 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 15 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 APPENDIX A-RETIREMENT PLAN DATA AND FINANCIAL INFORMATION (Section 3) Total Assets in Plan(s) (please check appropriate box) This is a new plan with no existing assets. Less than $1,000,000 $10,000,000 - $24,999,999 $1,000,000 - $4,999,999 $25,000,000 - $49,999,999 $5,000,000 - $9,999,999 $50,000,000 or greater Projected Annual Plan Cash Flow Estimated Average Annual Contributions from Plan Participants $ Estimated Average Annual Contributions from Sponsor $ Estimated Average Annual Distributions to Plan Participants $ Sponsor’s Employee Demographics Total Number of Employees: Estimated Number of Employees Eligible to Participate in Plan: Estimated Number of Employees Who Participate in Plan: Attachment number 1 \nPage 16 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 16 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 APPENDIX A - RETIREMENT PLAN OBJECTIVES (SECTION 4) Investment Policy Statement (IPS) Yes Attach Investment Policy Statement if available No See Diversification Objective below Diversification Objective of Plan Provide a well-diversified line-up of investment options for plan participants who may desire a range of investment objectives appropriate for their own, individual retirement needs, including, but not limited to, safety of principal, income and growth. See Investment Policy Statement Please list any special diversification objectives: Liquidity Objective of Plan Provide a well-diversified line-up of investment options for plan participants who may have different liquidity needs. See Investment Policy Statement or Plan Documents Please list any special liquidity objectives: Time Horizon Objective Provide a well-diversified line-up of investment options for plan participants who may have different investment time horizons. As directed in the Investment Policy Statement or Plan Documents Please list any special time horizon objectives: Risk Objective Provide a well-diversified line-up of investment options for plan participants who may have different risk objectives. As directed in the Investment Policy Statement or Plan Documents Please list any special time horizon objectives: Attachment number 1 \nPage 17 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 17 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 APPENDIX B - SCHEDULE OF RETIREMENT PLAN SERVICES (Check each Service INVESTMENT ADVISER REPRESENTATIVE is authorized to perform) PLAN SPONSOR – ADVISORY SERVICES RECOMMENDATIONS TO ESTABLISH OR REVISE THE PLAN’S INVESTMENT POLICY STATEMENT (“IPS”): Investment Adviser Representative will review with the Plan Fiduciary the investment objectives, risk tolerance and goals of the Plan. If the Plan does not have an IPS, the Investment Adviser Representative will recommend investment polices to assist the Plan Fiduciary to establish an appropriate IPS. If the Plan has an existing IPS, Investment Adviser Representative will review it for consistency with the Plan’s objectives. If the IPS does not represent the objectives of the Plan Investment Adviser Representative will recommend to the Plan Fiduciary revisions that will establish investment policies that are congruent with the Plan’s objectives. RECOMMENDATIONS TO SELECT AND MONITOR THE DESIGNATED INVESTMENT ALTERNATIVES (“DIAS”): Based on the Plan’s IPS or other guidelines established by the Plan, Investment Adviser Representative will review the investment options available to the Plan and will make recommendations to assist the Plan Fiduciary to select the Designated Investment Alternatives (“DIAs”) to be offered to Plan participants. Once the Plan Fiduciary selects the DIAs, Investment Adviser Representative will, on a periodic basis and/or upon reasonable request, provide reports, information and recommendations to assist the Plan Fiduciary to monito r the investments. If the IPS criteria require an investment to be removed, Investment Adviser Representative will provide information, analysis and recommendations to the Plan Fiduciary to help evaluate replacing investment alternatives. RECOMMENDATIONS TO ALLOCATE AND REBALANCE MODEL ASSET ALLOCATION PORTFOLIOS (“MODEL PORTFOLIOS”); Based on the Plan’s IPS or other investment guidelines established by the Plan, the Investment Adviser Representative will review the investment options available to the Plan and will make recommendations to assist the Plan Fiduciary to create and maintain Mo del Portfolios. Once the Plan Fiduciary approves the Model Portfolios, the Investment Adviser Representative will provide reports information and recommendations, on a periodic basis, designed to assist the Plan Fiduciary to monitor the Plan’s investments . If the IPS criteria require an investment to be removed, the Investment Adviser Representative will provide information and analysis to assist the Plan Fiduciary to evaluate replacement investment alternatives to be included in the Model Portfolios. Upon reasonable reque st, Investment Adviser Representative will make recommendations to the Plan Fiduciary to rebalance the Model Portfolios to maintain their desired allocations. RECOMMENDATIONS TO SELECT AND MONITOR INVESTMENT MANAGERS: Based on the Plan’s IPS or other guidelines established by the Plan, Investment Adviser Representative will review the potential investment managers available to the Plan and will make recommendations to assist the Plan Fiduciary to select one or more in vestment managers. Once the Plan Fiduciary approves the investment manager, Investment Adviser Representative will provide, on a periodic basis, reports, information and recommendations to assist the Plan Fiduciary to monitor the Plan’s investment managers. If th e IPS criteria require an investment manager to be removed, Investment Adviser Representative will provide information and analysis to assist the Plan Fiduciary to evaluate replacement investment managers. PLAN SPONSOR – CONSULTING SERVICES Assistance with Plan Governance and Committee Education, Including: Determining Plan Objectives and Options Available Through the Plan Reviewing Retirement Plan Committee Structure and Requirements Reviewing Participant Education and Communication Strategy X X X Attachment number 1 \nPage 18 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 18 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 Coordinating and Reconciling Participant Disclosures Developing Requirements for Responding to Participant Requests for Additional Information Developing and Maintaining a Fiduciary Audit File Attending Periodic Meetings with Plan Committee (Upon Request by Plan Sponsor) Assistance with Plan Fiduciaries’ Vendor Management (Service Provider Selection/Review), Including: Reviewing Fees and Services and Identifying Procedures to Track the Receipt and Evaluation of Disclosures Providing Periodic Benchmarking of Fees and Services to Assist Review for Reasonableness Reviewing Spending Accounts or Plan Expense Recapture Accounts (PERAs) Generating and Evaluating Service Provider Requests for Proposals (RFPs) and/or Requests for Information (RFIs) (May incur addition fee) Support with Contract Negotiations Service Provider Transition and/or Plan Conversion (May incur additional fee) Investment Education for Plan Fiduciaries Concerning: Investment Policy Statements Assessment of Overall Investment Structure of Plan (i.e., types and number of asset classes, model portfolios, etc.) Review of the Plan’s Investment Options Search and Review of Investment Managers Employee Investment Education and Communication Including: Providing Group Enrollment and Investment Education Meetings Supporting Individual Participant Questions Providing Periodic Updates, Upon Request or Newsletter Assisting Participants with Retirement Readiness Providing Fee Specific Education and Communicate the Plan’s Requirements for Requesting Additional Information about Plan Fees and Expenses Attachment number 1 \nPage 19 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 19 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 APPENDIX C FEE SCHEDULE NOTE: ALL FEES ARE NEGOTIABLE 1. Billing Procedures (Choose One): Investment Adviser Representative(s) is/are serving the Plan in an Investment Adviser Representative capacity: and compensation will paid directly to RIA at: Independent Financial Partners (IFP) FBO 3030 N Rocky Point Drive, Suite 700 Tampa, FL 33607 and LPL Financial is broker-dealer of record on the Plan and any compensation received by LPL Financial as broker- dealer shall offset the fees as outlined in this agreement. 2. Fees Will Be Paid (Choose One): By investment provider or other third party, and/or out of Plan assets. Client authorizes the investment provider or other third party (“Third Party Payor”) to pay compensation due to RIA and Investment Adviser Representative(s) pursuant to the below terms. A periodic statement setting forth the compensation deducted from the Plan shall be provided by Third Party Payor. (Note: additional authorization forms may be required by the Third Party Payor.) Check applicable payor: Investment Provider TPA / Recordkeeper Other (explain): Directly by the Plan Sponsor Client. Fees shall be billed to the Client. Fees shall be due upon receipt of the billing notice. RIA will perform the billing Investment Adviser Representative(s) will perform the billing Attachment number 1 \nPage 20 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 20 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 3. Fees In consideration of the above agreed upon services rendered by Investment Adviser Representative(s) (see Schedule B above), fees shall be paid under the following arrangements as indicated below: Fee for service Fee for service based on percentage of Plan assets of _______ basis points (bps). Flat fee $ $8,000 per quarter Fee for service – split Fee for service of a percentage of Plan assets of _______ bps, paid based on the value of Plan assets, and _______ bps, paid on the value of new deposits into the Plan. Fee for service – tiered Fee for service based on a percentage of Plan assets, per the tiered schedule below: Value of Plan Assets Fee $ 0 $______________ ___________ Bps $____________ $______________ ___________ Bps $____________ $______________ ___________ Bps $____________ $______________ ___________ Bps Over $______________ ___________ Bps First Year Transition Expense Fee of $ ____________________ or __________ basis points (bps) Client will pay a Transition Expense Fee for the first year after the Plan transitions to a new investment provider. The Transition Expense Fee is intended to cover the additional services (requests for proposals and corresponding presentations, fund mapping, assistance with agreement documentation, enrollment, additional education to committee members and participants, etc.) Investment Adviser Representative(s) will provide as a result of the transition. One-time payment $ ____________________, for the above project-specific work. Attachment number 1 \nPage 21 of 22 Item # 14 Retirement Plan Advisory Consulting Agreement (Non-ERISA) RPACA 3(21) (Non-ERISA) Version 7.24.13 21 3030 N. Rocky Point, Suite 700 ǀ Tampa, FL 33607 ǀ (813) 341-0960 ARTICIPANT – ERISA NON FIDUCIARY SERVICE 4. Payment Frequency, Timing and Method: Frequency Monthly Quarterly Annually Other Timing In arrears In advance Method Based on the value of Plan assets using the method determined by the Third Party Payor. Based on the value of Plan assets at the (___ beginning or ___ end) of the quarter. Additional Payment Details (if applicable): 5. Expenses Client shall not pay any expenses. Client shall pay the following expenses (detail): Attachment number 1 \nPage 22 of 22 Item # 14 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Approve the Administrative Management Services Agreement between the City and Unum for the period from January 1, 2014 to January 1, 2015 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City is currently contracted with Unum as the provider for all group life and long term disability insurance services. The City wishes at this time to take advantage of certain automated portability and conversion services made available by Unum. Under this agreement, Unum will deliver personalized portability and/or conversion application packages to eligible employees who terminate employment with the City and provide related customer service functions that will facilitate the process for those who wish to maintain their life insurance policies after separation while reducing the administrative burden for city staff. This is a one-year agreement that will automatically renew for successive terms of one year unless terminated by either party at least thirty days prior to the January 1 renewal date. Compensation for these enhanced services to be performed by Unum will be a component of the current premium rate and so there is no additional cost to the City associated with this request. Review Approval: Cover Memo Item # 15 1 © Unum Group 2008. All Rights Reserved. ADMINISTRATION MANAGEMENT SERVICES AGREEMENT THIS AGREEMENT (“Agreement”) is made by and between Unum Life Insurance Company of America (hereinafter “Unum”) and City of Clearwater (hereinafter “Customer”). This Agreement establishes the terms on which Unum will provide the administrative services specified herein. Customer submission to Unum, by electronic data feed or by call-in, of employee demographic data necessary for the performance of such services constitutes agreement with the terms and conditions of this Agreement. WHEREAS, Customer is providing Group Life and Long Term Disability coverage to eligible employees through Unum’s Group policy number 97478 and summary of benefits number 97477 (the “Policies”) ; and WHEREAS, Customer desires to secure administrative assistance with respect to certain of its obligations relating to the administration of the Policies; and WHEREAS, Unum is willing to perform such services in conjunction with the administration of the Plan(s) on behalf of Customer; NOW THEREFORE, in consideration of mutual promises and obligations contained herein, the parties agree as follows: 1. Effective Date; Duration and Renewal; Nonrenewal. This Agreement shall have an initial term from January 1, 2014 to January 1 2015 unless terminated earlier pursuant to its terms. Thereafter, on January 1 of each calendar year, this Agreement shall automatically self-renew for successive terms of one (1) year each unless, at least thirty (30) days in advance of such January 1 renewal date, one party gives the other party written notice of its intent not to renew this Agreement or unless terminated sooner pursuant to its terms. 2. Scope of Services and Responsibilities of the Parties. (a) Unum’s Responsibilities . Unum shall perform the particular administrative functions and services relating to the Plan(s), as described in the Service Schedule(s), attached hereto and made a part hereof, all in accordance with the terms and conditions of this Agreement. The services Unum has agreed to provide to Customer include: Portability and Conversion Administrative Services (b) Customer’s Responsibilities . Customer shall retain full responsibility for the functions described in the Service Schedule(s). In addition, Customer shall perform all other functions it may be obligated to perform by operation of law or contract in connection with the administration of the Plan(s), including any obligations it may have under the Employee Retirement Income Security Act of 1974 (“ERISA”) to the extent ERISA applies to the Plan(s). Customer shall remain fully obligated and liable for the obligations described herein notwithstanding any actual or apparent delegation of authority or obligations to, or administrative services Customer has purchased from any third party or service provider. (c) Delay . Unum shall not be responsible for any failure or delay in the performance of administrative functions or services described herein which arise out of or relate to a failure or delay by Customer or any of its designated intermediary(ies) or service providers. Attachment number 1 \nPage 1 of 8 Item # 15 2 © Unum Group 2009. All Rights Reserved. 3. Fees and Charges. Customer agrees to pay for Unum’s services under this Agreement pursuant to the following: (a) Compensation for services performed by Unum pursuant to this Agreement is a component of the premium rate charged by Unum under the Policies (and any amendment(s) thereto) and any renewal thereof. (b) Unum shall have the right to change the component(s) of the premium rate allocated to the services it provides pursuant to this Agreement as provided under the terms of the Policies (and any amendment(s) thereto). (c) Notwithstanding subparagraph (b) above, if Customer imposes additional duties or obligations on Unum, Unum may impose additional charges for such additional services as outlined in Section 4 (“Additional Services”) below. Any such additional duties or obligations, along with any corresponding charges, must be clearly documented and agreed to by both parties. (d) Customer, as an entity of government, is subject to the appropriation of funds by its legislative body in the amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract shall remain in effect. Upon notice that sufficient funds are not available in the subsequent fiscal years, the City shall therefore be released of all terms and other conditions. 4. Additional Services. (a) Both parties recognize that, from time to time, Customer may request that Unum perform additional services relating to the Plan(s), which services are not specifically contemplated by the Service Schedule(s) to this Agreement. Prior to providing any such additional services, the parties shall agree in writing on the nature and scope of such services as well as the fees and charges payable to Unum for performance of such additional services. All reasonable and customary out-of-pocket expenses associated with the performance of the additional services are separate and will be billed at cost. Additional maintenance, if any, associated with such additional services will be charged separately. (b) Unum shall bill Customer on a monthly basis for service fees or costs attributable to additional services performed during the preceding month pursuant to this Section. Customer shall pay Unum the amount billed in accordance with the Florida Prompt Payment Act. If Unum does not receive such payment consistent with the terms of such Act, this Agreement may be automatically terminated as provided in Section 12 (“Termination”) below. 5. Authority and Agency Relationship. (a) Unum, in performing its obligations under this Agreement, is acting only as agent of Customer. Nothing in this Agreement is intended to nor shall be construed to create an employment relationship, a partnership, or joint venture between Unum and Customer. The parties hereby acknowledge the status of Unum as independent contractor with respect to Customer. (b) Neither Unum nor Customer shall have any power or authority to act for or on behalf of the other, except as herein expressly granted; and no other or greater power or authority Attachment number 1 \nPage 2 of 8 Item # 15 3 © Unum Group 2009. All Rights Reserved. shall be implied by the grant or denial of power or authority specifically mentioned herein. 6. Confidentiality. (a) Generally . Unum and Customer each will hold the other party’s Confidential Information (as defined below) in confidence and will safeguard it as provided herein. The party receiving Confidential Information will not, directly or indirectly, report, publish, distribute, disclose, or otherwise disseminate the Confidential Information, or any portion thereof, to any non-affiliated third party, and will not use the Confidential Information, or any portion thereof, for the benefit of itself or any non-affiliated third party, or for any purpose, except only as necessary to perform its duties and exercise its rights pursuant to this Agreement, or as expressly authorized in writing by the party who owns such Confidential Information. Unum may use Confidential Information concerning individuals and their dependents for its own data compilations and reports, including without limitation statistical reports, cost containment analyses and other studies provided that any such use shall not identify any individual or dependent. (b) Definition Information is not considered Confidential Information if it (a) is or becomes generally available to the public other than as a result of disclosure by the recipient; (b) was available to or already known by the recipient, to the best of the recipient’s knowledge, on a non-confidential basis prior to its receipt from the party claiming confidentiality; (c) is developed by the recipient independently of any information or data acquired from the party claiming confidentiality; (d) is disclosed pursuant to a court order or the requirement of any government authority; or (e) becomes available to the recipient, to the best of the recipient’s knowledge, on a non-confidential basis independently of the party claiming confidentiality. . “Confidential Information” shall mean: (a) information regarding a party’s, or such party’s affiliates’, financial condition, information systems, business operations, plans and strategies, customers and prospective customers, and marketing and distribution plans, methods and techniques; (b) information that is marked “confidential,” “proprietary” or in like words, or that is summarized in writing as being confidential prior to or promptly after disclosure to the other party; and (c) any and all personal, nonpublic information of Customer employees and/or their dependents which Customer may provide Unum or which Unum may obtain as a result of performing services under this Agreement; and (d) without limitation or further identification, (i) proprietary or trade secret information relating to the discloser’s technology, products, benchmarks, marketing, business policies, practices, or authorized individuals, (ii) information obtained by the discloser from third-parties to whom the discloser is obligated to maintain confidentiality, or (iii) information regulated by state or federal law concerning disclosure or use. (c) Privacy of Insurance Information (d) . To the extent either party discloses nonpublic personal information about any individual to the other party, the parties agree that neither party will disclose or use the information other than to carry out the purposes for which the information was originally disclosed. In addition, the parties agree to comply with all federal and/or state laws and regulations applicable to the disclosure of nonpublic personal information. Confidentiality and Public Records (1) Keep and maintain public records that ordinarily and necessarily would be required by Customer in order to perform the service being provided by Unum hereunder. . In addition to all other contract requirements as provided by law, Unum agrees to comply with public records law specifically to: (2) Provide the public with access to public records on the same terms and conditions that Customer would provide the records and at a cost that does not Attachment number 1 \nPage 3 of 8 Item # 15 4 © Unum Group 2009. All Rights Reserved. exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. (3) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer to Customer, at no cost, all public records in possession of Unum upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Customer in a format that is compatible with the information technology systems of Customer 7. Ownership. Unum owns the whole or parts of any electronic services provided under this Agreement. Nothing in this Agreement shall transfer to Customer or otherwise affect such ownership and title to the electronic services and any software or manuals associated therewith, and any copy thereof, remains in Unum. Services materials, utilities, benchmarks and diagnostics (not included in this Agreement) and associated media used by Unum personnel or Unum’s authorized representatives shall remain the exclusive property of Unum. Customer acknowledges that all Work Product (as defined below) is and shall from the time of creation and thereafter be the sole and exclusive property of Unum, as the case may be. For the purposes of this Section, “Work Product” means all inventions, improvements, works of authorship, and other work product of any kind that Unum and its employees may make, conceive, develop or reduce to practice, in the course of performing services under this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret, or other legal protection. 8. Entire Agreement. This Agreement, together with any schedules, exhibits or attachments hereto, constitutes the entire understanding of the parties relating to the duties undertaken by the parties herein and supersedes any and all prior or contemporaneous agreement, understanding, negotiation, warranty or representation between the parties in connection with the subject matter of this Agreement. 9. Modification of Agreement. Except for modifications or amendments otherwise permitted by this Agreement, no modification of or amendment to this Agreement shall be valid unless executed in writing and signed by an authorized representative of each party. 10. Material Change. In the event that material changes in any applicable federal, state, or local laws or regulations relating to the Plan(s), or the duties performed under this Agreement, would have a material effect upon a party’s performance under this Agreement, the party may change its procedure to comply with the applicable federal, state, or local laws or regulations and notify the other party of the change in procedure and any related adjustment of fees or charges. 11. Indemnification. Unum agrees to indemnify and hold Customer harmless from any and all liability, loss, damage, fine, penalty or cost (including expenses and reasonable attorneys fees) sustained by Customer which is the result of or arises out of the negligence of Unum or its employees occurring in connection with this Agreement, unless such liability, loss, damage, fine, penalty or cost is the result of or arises out of the wrongful conduct or fault of Customer or an action taken by Unum at the direction of Customer. Customer agrees to indemnify and hold Unum harmless from any and all liability, loss, damage, fine, penalty or cost (including expenses and reasonable attorneys fees) sustained by Unum which is the result of or arises out of conduct or activities of Customer or its employees occurring in connection with this Agreement or the Plan(s), unless such liability, loss, damage, fine, penalty or cost is the result of or arises out of the wrongful conduct or fault of Unum or its employees. Attachment number 1 \nPage 4 of 8 Item # 15 5 © Unum Group 2009. All Rights Reserved. Notwithstanding the foregoing, this section and all other provisions of this Agreement relating to indemnity and insurance are not intended to, and shall not be construed to, waive Customer’s sovereign immunity, the provisions and the limitations set forth in Section 768.28, Fla. Stat., as amended from time to time, or a consent to be sued by third parties 12. Termination. The parties may not terminate this Agreement except as follows: (a) Customer ‘s Right to Terminate . Customer may terminate this Agreement for any reason upon thirty (30) days prior written notice to Unum. (b) Unum’s Right to Terminate . Unum may terminate this Agreement for any reason upon thirty (30) days prior written notice to Customer. (c) Termination for Material Breach . Either party will have the right to terminate this Agreement for breach of any material term or condition of this Agreement and failure to cure such breach within ten (10) days after written notice. (d) Automatic Termination . (1) Termination, cancellation or expiration of the Policies will result in the automatic and concurrent termination of this Agreement. (2) If any portion of the service fees due under this Agreement are not paid within the time period indicated in Section 3 (“Fees and Charges”) or Section 4 (“Additional Services”) this Agreement may be automatically terminated without notice from Unum at the end of the applicable period for payment of such service fees. (e) Obligations Upon Termination . (1) In the event of termination, Unum shall immediately cease to provide the services it is otherwise obligated to provide under this Agreement. (2) Except to the extent Customer is required by law to retain such documentation, Customer will immediately return or destroy all information and documentation it has obtained from Unum in connection with this Agreement, including but not limited to Confidential Information, as directed by Unum and, if requested by Unum, will certify in writing as to compliance with the terms of this Section. Customer will cause any of its agents to also comply with the provisions of this Section. (3) If Customer requests that any records, data or information be copied or transferred upon termination, Customer shall be responsible for all costs associated with copying or transferring such records, data or information. Customer shall also be responsible for the costs associated with the compilation of data that cannot be provided in Unum’s then standard reporting format. (f) Provisions Surviving Termination . Termination of this Agreement shall not discharge any obligations owed by Unum or Customer under Section 6 (“Confidentiality”), Section 7 (“Ownership”) and Section 11 (“Indemnification”), nor shall it discharge Customer’s obligation to pay Unum any amounts due on termination. 13. Laws Governing Contract. This Agreement is governed by, and construed in accordance with, the laws of the State of Florida. Attachment number 1 \nPage 5 of 8 Item # 15 6 © Unum Group 2009. All Rights Reserved. 14. Notice. Any notices required or provided for by the terms of this Agreement shall be in writing and shall be sent by regular United States mail or overnight courier to the addresses below: If to Customer: City of Clearwater 100 South Myrtle Avenue Clearwater FL 33756 Attn: Allen DelPrete If to Unum: Unum Life Insurance Company of America 2211 Congress Street Portland, Maine 04122 Attention: Rob Hecker, Vice President, National Client Group Services Each party shall have the right, at any time, to change its respective address for notice purposes. If a party elects to change its address, it must provide at least fifteen (15) days written notice of its intent to change addresses, and it must simultaneously provide the new address to which subsequent notices should be sent. 15. Waiver. Forbearance or waiver of a breach of any provision of this Agreement shall not be construed as nor constitute a waiver of any subsequent breach of such provision, nor shall it be construed as or constitute a waiver of breach of any other provision of this Agreement. 16. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof and, to that extent, the provisions of this Agreement shall be severable. 17. Force Majeure. Except for the obligation to make payments, nonperformance of either party shall be excused to the extent the performance is rendered impossible by strike, fire, flood, terrorism or acts of terror, governmental acts or orders or restrictions, or any other reason where failure to perform is beyond the reasonable control of and is not caused by the negligence of the non-performing party. 18. Third Parties. This Agreement is entered into solely between, and may be enforced only by, Customer and Unum. This Agreement shall not nor be deemed to create any rights in third parties, including but not limited to insureds or participants in the Plan(s), or to create any obligations of Unum or Employer to any such third parties. 19. Headings and Captions. The headings and captions appearing herein are for convenience only and are not intended to and shall not affect the substantive provisions of this Agreement. 20. Counterparts. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute the same and whole instrument. #306576v7 Rev. 5/09 Attachment number 1 \nPage 6 of 8 Item # 15 Port\Convert- 1 © Unum Group 2007. All Rights Reserved. Service Schedule Portability and Conversion Administrative Services Unum’s Responsibilities In accordance with all the terms and provisions of the Agreement, the parties agree that Unum shall perform the following administrative services and functions on behalf of Customer: 1. Fulfillment of Portability and Conversion Application. Deliver personalized Portability and/or Conversion application packages to only those employees determined by Customer as having terminated employment from Customer and who may be eligible for Portability and/or Conversion in accordance with the terms of the Policies. These applications will be mailed to the employee’s home address which will be provided to Unum by Customer using a mutually agreed upon file transfer protocol. This service coordination and management shall further consist of the following components: (a) Set up file transfer processes and procedures and test for systems compatibility and alignment. (b) Review personalized employee communication materials (e.g., Portability/Conversion package). (c) Provide a toll free number with trained resources to support employees’ Portability and/or Conversion inquiries. Unum has no obligations with respect to and no application packages will be delivered to employees for whom Customer has not provided complete information or with respect to employees who do not meet their obligation to initiate the mailing of any materials. Further, Unum has no obligations with respect to any employees whose employment termination occurred 90 days or more from the date information is received from Customer. 2. Customer Service. Unum shall provide a designated Service Team, which will be available from 8:00 a.m. until 5:00 p.m. Eastern via a toll-free telephone line to respond to employee inquiries. The Service Team shall also maintain a voice mailbox for calls received when all representatives are busy and for calls received before and/or after the aforementioned hours. Customer Responsibilities In accordance with all the terms and provisions of the Agreement, the parties agree that Customer shall perform all the usual and ordinary functions, and meet all of its obligations in connection with the administration of the Plan(s), including but not limited to those functions and obligations required by state and/or federal law (including, as applicable, ERISA). Without limiting the generality of the foregoing, Customer remains fully obligated to provide any required Portability and Conversion notification to any individual who may be eligible but who is not communicated to Unum and Unum will have no liability or obligation (except as may be provided under the Policies ) with respect to such individuals. Attachment number 1 \nPage 7 of 8 Item # 15 Port\Convert- 2 © Unum Group 2007. All Rights Reserved. General Responsibilities In accordance with the provisions of this Schedule, the parties shall have the following responsibilities with respect to the administration of the Plan(s). Administration Unum Customer Customer Service • Provide toll-free line for Customer employees’ inquiries on Portability and/or Conversion application ■ • Mail personalized application packages to employees’ home addresses as determined by Customer. ■ • Participate in meetings (as requested) with Customer human resource representatives ■ Portability/Conversion Application Processing • Process Port/Convert applications ■ • Bill applicants directly at their home addresses in accordance with Unum’s standard Portability and Conversion billing processes ■ • Provide eligible individuals with adequate notification of their rights and obligations with respect to Portability and/or Conversion in a manner deemed appropriate by Customer ■ • Provide bi-weekly file with all information necessary for Unum to provide Portability and/or Conversion administrative services ■ Attachment number 1 \nPage 8 of 8 Item # 15 Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 1 of 1 Item # 15 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Accept a Drainage Easement, a Potable Water Main Easement and a Sanitary Sewer Easement conveyed by BayCare Health Systems, Inc. (BayCare) over property located at 2995 Drew Street, Clearwater. (consent) SUMMARY: Plans to construct a new BayCare corporate headquarters on property located at 2995 Drew Street were approved by the City’s Planning and Development Department on July 23, 2012, under Case FLS2011- 06011. The City will take ownership of facilities installed within the three easements. BayCare has agreed to donate perpetual easements to the City for the operation and maintenance of drainage, sanitary sewer and potable water facilities. Review Approval: Cover Memo Item # 16 Attachment number 1 \nPage 1 of 19 Item # 16 Attachment number 1 \nPage 2 of 19 Item # 16 Attachment number 1 \nPage 3 of 19 Item # 16 Attachment number 1 \nPage 4 of 19 Item # 16 Attachment number 1 \nPage 5 of 19 Item # 16 Attachment number 1 \nPage 6 of 19 Item # 16 Attachment number 1 \nPage 7 of 19 Item # 16 Attachment number 1 \nPage 8 of 19 Item # 16 Attachment number 1 \nPage 9 of 19 Item # 16 Attachment number 1 \nPage 10 of 19 Item # 16 Attachment number 1 \nPage 11 of 19 Item # 16 Attachment number 1 \nPage 12 of 19 Item # 16 Attachment number 1 \nPage 13 of 19 Item # 16 Attachment number 1 \nPage 14 of 19 Item # 16 Attachment number 1 \nPage 15 of 19 Item # 16 Attachment number 1 \nPage 16 of 19 Item # 16 Attachment number 1 \nPage 17 of 19 Item # 16 Attachment number 1 \nPage 18 of 19 Item # 16 Attachment number 1 \nPage 19 of 19 Item # 16 LN BAY CALAIS MADERA ST RD THORNTON Brigadoon Dr Cir DAVID Elizabeth CROSS DREW AVE Ave THOMAS RD WOLFE R D SAN MERRILL HOYT AVEMOSS AVE ( 4 9 T H S T ) B A Y S I D E CR-611 F e a t h e r w o o d McMULLEN BOOTH RD JOHNS PARKWAY DOWNING ST BAY "K" ST LN CHAMBLEE BORDEAUX LN LN Tennessee Ave A V E B A Y V I E W Carolina C R -3 1 Bay St Meadow Lark GU LF-TO-BAY BLVD Kentucky Ave Virginia BAYVIEW AVE Ln Ave Cherry Ln Cleveland St MONTEREY MacDonald SR -60 BAYSHORE BLVD LN Colonial Dr Ave PROJE C TSITE PROJECTSITE ^ LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM CHL N.T.S.291 B 16-29s-16w11/25/2013Map Gen B y:Reviewed By:S-T-R:Grid #:Date:Scale: BayCare Health Systems, Inc.,2995 Drew Street, Clearwater; Drainage, Sanitary Sewerand Potable Water Main Easements Document Path: V:\GIS\Eng ineering\Location Maps\BayCare_2995_Drew_ Easements.mxd Attachment number 2 \nPage 1 of 1 Item # 16 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Approve the final plat for Majestic Oaks, whose physical address is 3030 Union Street, located on the north side of Union Street approximately 1,000 feet West of McMullen Booth Road. (consent) SUMMARY: This plat will create 43 single-family lots with private streets on a parcel consisting of approximately 19.8 acres more or less. The property is within the city limits of Clearwater and the current zoning is Low Density Residential (LDR). The proposed project was approved by Development Review Committee on June 6, 2013. Review Approval: Cover Memo Item # 17 PROJE C TSITE PLATLOCATION ^ US 19 McMULLEN-BOOTH RD ENTERPRISE RD E SOULE RD SABER DR CHANCERY LN McCORMICK DR CHAUTAUQUA AVE PARKSTREAM AVE C RES T D R BARTONLN DEER RUN S M AR L O BL VD ANTHONY AVE LEANNE CT SECOND ST E SUNSTREAM LN HILLCREEK CIR E SWEETGUM WAY S SPLITWOOD WAY OAK HILL RD SUNDANCER DR FIRST ST E ELYSIUM WAY P H E A S A N T R U N ELYSI U M BLVD CYPRESS BEND DR DIMMITT DR STEVEN ST LAUREN L N HILLCREEK CIR S G L O R I A C T REDWOOD WAY BOND AVE THI R D AV E S THIRD AVE N R E N A I S S A N C E D R L AKEBREEZELNN W I N GS WAY OAK COVE DR BETHANY PL L AKESHORE DR F OURTHAV E S PARKCREEK DR LAKEBREEZELNS CIELO CIR N CIELO CIR S PODOCARPUS WAY CAMDEN RD PIN OAK L N W TERENCE CT FOURTH AVE N PIN OAK DR E PATRICK PL OAKBR OOKCIRFOXHEAD WAY CYPRESSBENDDRW DOGWOOD CT CYPRESS BEND DR E REGENCY CT ANDERSON DR S MARRIE CT SABER CT SUNSET POINT RD BERMUDA ST ABBEY LAKE RD HOMESTEAD CT HAAS AVE ARBELIA ST PRESTIGE DR FOREST W OOD DR SUNRISE DR BLACKBURN ST PIN OAK DR HOMESTEAD OAKS DR ROBINWOOD DR SHADE TREE LN OAK FOREST DR N HARBOR CIR M E A D O W B R O O K D R OAK RIDGE CT OAK FOR EST D R E SEA WIND WAY DIVINO DR HIDDEN COVE LN GLESHER RD CHELSEA DR SEA FRONT CT BLUEWATER WAY SUNSTREAM LN UNION ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.245A 33-28s-16w11/20/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: MAJESTIC OAKS Document Path: V:\GIS\Engineering\Location Maps\Majestic Oaks.mxd Attachment number 1 \nPage 1 of 1 Item # 17 Attachment number 2 \nPage 1 of 4 Item # 17 Attachment number 2 \nPage 2 of 4 Item # 17 Attachment number 2 \nPage 3 of 4 Item # 17 Attachment number 2 \nPage 4 of 4 Item # 17 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Approve an agreement to extend the Alligator Creek Watershed Management Plan Phase 2(N097) cooperative funding agreement between the City and Southwest Florida Water Management District (SWFWMD) from December 31, 2013 to May 31, 2014 and authorize the appropriate officials to execute same. (consent) SUMMARY: Southwest Florida Water Management District (SWFWMD) and the City cooperatively funded the 1997 Alligator Creek Watershed Management Plan (ACWMP) and many of the recommended projects have been completed. This project will update the ACWMP and the FEMA maps to reflect the existing conditions flooding risk. The watershed covers an area of approximately 9 square miles and is located in Clearwater, and Pinellas County. This project is divided into two phases. Phase 1 included development of digital topographic information and completion of a watershed evaluation. Phase 2 of the project creates a revised model and an updated watershed management plan. The watershed evaluation element will include identification of existing watershed features, information from implemented projects, and an inventory of hydraulic and hydrologic features, a preliminary junction and reach GIS database, and a surface water resource evaluation. There is no additional cost associated with this item. Review Approval: Cover Memo Item # 18 MAIN ST. B A Y RD. ST. HARN B A Y S I D E B R I D G E BLVD. C O U N T R Y S I D E R D. BELCHER RD. AVE. N.E. RD. C O A C H M A N RD. G R E E N B R I A R MONTCLAIR RD. RD. VIRGINIAST RD. KEENE ST. BELCHER RD. SR-580 ENTER PRISE R D . SR-55 SR-590 SR-60 COACHMAN OLD HAMPTON DREW ST. POINT UNION ST. SUNSET SOULE RD. BLVD. ENTERPRISE N D WI ING W O O D WAY McMULLEN BOOTH RD. RD. RD.E. LA N D M A R K BLVD ORE SH RD. ST ST PALMETTO AVE. HERCULES POINT ALLIGATOR CREEKWATERSHED LOCATION MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JHH AM N.T.S.10/2/2009Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Alligator Creek WatershedOutline Legend Watershed Outline Clearwater Service Area Attachment number 1 \nPage 1 of 1 Item # 18 Attachment number 2 \nPage 1 of 4 Item # 18 Attachment number 2 \nPage 2 of 4 Item # 18 Attachment number 2 \nPage 3 of 4 Item # 18 Attachment number 2 \nPage 4 of 4 Item # 18 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Reappoint Michael Engelmann to the Environmental Advisory Board with term to expire December 31, 2017. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Environmental Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 CHAIRPERSON: D. Michael Flanery MEETING DATES: Quarterly Meetings – 3rd Wed., 4 pm (Jan., April, July, Oct.) PLACE: MSB Conf. 221 APPTS. NEEDED: 1 STAFF LIAISON: Edward F. Chesney/Engineering THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Michael Engelmann – 2958 Deer Run S., 33761 – Original Appointment 12/3/09 Interest in reappointment: Yes (1st term expires 12/31/13) (1 Absence in the last year) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY. STAFF IS RECOMMENDING MR. MICHAEL ENGELMANN BE REAPPOINTED FOR ANOTHER TERM. 1. Ellen Cosgrove – 1111 N. Bayshore Blvd., D1, 33759 - Retired/U.S. Diplomat 2. Ashley Wilson Pimley – 830 Lantana Ave., 33767 - Realtor Zip codes of current members: 1 at 33755 2 at 33761 1 at 33764 1 at 33767 Review Approval: Cover Memo Item # 19 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name: Michael Engelmann Home Address: 2958 Deer Run S Clearwater, FL Telephone: (727) 726 -9390 Cell Phone: (727) 420 -5721 Zip 33761 Office Address: South Cross Bayou Water Reclamation Facility, 7401 54th Ave N., St. Petersburg, FL Zip 33709 Telephone: (727) 453 -3019 E -mail Address: mengelma(rpinellascounty.orq How long a resident of Clearwater? 24+ years (since Jan 1990) Occupation: Senior Engineer Employer: Pinellas County Field of Education: Other Work Experience: BS- Mechanical Engineering; Univ of Wis- Waste -to- Energy; Wastewater /Sludge to Madison, WI 1974; FL PE #49999 Beneficial Reuse; Potable Water If retired, former occupation: n/a Community Activities: Past Treasurer /Current Tract Director - Northwoods Estates Homeowners Association, Active member - Espiritu Santo Catholic Church; member - Clearwater Greenprint Com Other Interests: local activities - 'walking' County /City parks, participating in community events, scuba diving, Board Service (current and past): Board Preference: Current member of EAB Environmental Advisory Additional Comments: Would like to continue as EAB member Signature: Michael Engelmann Date: November 25, 2013 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 e 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 # 19 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? _ Review concepts, plans and activities of private and public entities as to their effect on `quality of life' issues for Clearwater citizens for both the short- and Tong -term. Make recommendations and /or state the EAB's opinions on these matters to the City Council. Bring up issues within the EAB's meetings that concern ourselves and fellow citizens and make recommendations as to how to proceed with the 'next step'. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes. In addition to board meetings, have been to and have made statements at several City Council meetings. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? Have dealt with many 'environmental' issues through out my career, especially as they relate to municipal operations in wastewater, solid waste and potable water. The NIMBY attitude always has to be considered and justly weighed when noise, odors, dust, air & light pollution, traffic, aesthetics, etc. are concerns for the citizens, myself included. Have worked with many state DEPs, including FL, MD, NY, GA and SWFWMD, ACOE. Familiar with and can appreciate the many aspects of environmental permitting, including watershed, wildlife (tortoises, snakes, plants), air and water emissions, LEEDs, etc. 4. Why do you want to serve on this Board? I want to contribute to the betterment and welfare of future generations, not just in Clearwater but wherever possible. Too many decisions are made for 'Today' with little or no regard for 'Tomorrow'. I want to be a voice for 'Tomorrow'. Name: Michael Engelmann Board Name: Environmental Advisory Attachment number 1 \nPage 2 of 2 Item # 19 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Name Cosgrove, Ellen Home Address: Office Address: 1111 N. Bayshore Blvd. D -1 Clearwater FL Zip 33759 Zip Telephone: 727- 723 -7303 7Telephone: Cell Phone: E -mail Address: How long a resident of Clearwater? Six years Occupation: Retired Employer: Field of Education: Other Work Experience: Georgetown Univ. School of Foreign Service Simultaneous Interpreter, European Union and U.S. Dept. of State If retired, former occupation: U.S. diplomat Community Activities: President of condominium board Other Interests: Gardening, outdoor activities Board Service (current and past): Condominum board, various Embassy boards Such as housing, promotion boards Board Preference: Additional Comments: Signature: F___ ` I e 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 2 \nPage 1 of 3 Item # 19 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Assist and advise Clearwater authorities on environmental initiatives in the Municipality. 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? Deep knowledge of and interest in environmental issues. Long background in diplomacy and management. 4. Why do you want to serve on this Board? love Clearwater, and would like to give back by working with energy and imagination to improve our compromised waterways, safeguard wildlife, expand green spaces. Attachment number 2 \nPage 2 of 3 Item # 19 Name:_Ellen Cosgrove Board Name:_ Environmental Advisory Board Attachment number 2 \nPage 3 of 3 Item # 19 Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) 111 1ey [,cJi ISOi) P,mley/ Home Address: 830 J a,2— a'na_ PrVe. Calmaiafp .!%I mii- zip .33 7<07 Telephone: Cell Phone: 12 7- 6 q - 8 yS-O How long a resident of Clearwater? /D,r /gcr,t,a.J Occupation: a it of - Field of Education: OIito (S-f-ale QrtU l nc'v r'S r;c D TD Lo If retired, former occupation: Community Activities: Office Address: y B rnandaIay ,9vP. ChaA urt- ,i aa(:L zip .3767 Telephone: E -mail Address:. i I l_/# rY. Employer:Ata/v) 9-nt it j P;ccden f Other Work Experience: AALL,/ / L ainit ._zhct!cet wL vB Other Interests: Board Service (current and past): Board Preference: 77 ill on/YJer/ /a//gd & /,Lrdrl, L3' 740C- Additional Comments: a4td e d'e,az.• ,J Of ) Signature: Date: wijL. 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 L-" . t• Valid current Florida Drivers' License issued to an address within city limits AuG Declaration of Domicile filed with the city clerk affirming residency within city limits 1 s-iy `c 0 a;3 E"iJ fie LEGISLATIVE S bVCs DEPT Attachment number 3 \nPage 1 of 2 Item # 19 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 4 (uaA 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 4. Why do you want to serve on this Board? Pip p e2n f V/iffszli,a a4teol dtci 7161; gait) ,SSac D V ) .l %G GNU Q_iL CAL. p•LD 7L.e D'ZC/u Name: fi,fri l.eLi (n) r 1,5n1.1 p)i rYl Iec' Board Name: Ehyiry N fid(JISOnq 0a/2d-- Attachment number 3 \nPage 2 of 2 Item # 19 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Amend the City of Clearwater Code of Ordinances, Section 32.224, relating to the cost of certain discharges with specific properties to the collection and treatment of wastewater, and pass Ordinance 8534-14 on first reading. SUMMARY: The City of Clearwater’s Wastewater Treatment Facilities were designed to treat domestic sewage. Clearwater welcomes new businesses and industries, but along with processed discharges often come additional and expensive costs of removal and treatment at the wastewater plants. High strength wastewater from industrial users costs more to treat because of the increased pollutant loading in their waste stream. The industrial sewer surcharge provisions already in place since the inception of the City’s ordinance were created to assist and ensure equity between industrial wastewater treatment costs and charges for the domestic users. The surcharge is calculated for the portion of the loadings in excess of typical domestic sewage. This calculation fairly charges businesses or industries and does not place the burden of the extra treatment cost on residents. The proposed changes clarify language, which specifies how the higher strength industrial wastewater will be measured in order that the surcharge can be applied. Industrial user discharge to the sewer system will be measured by approved metering for the actual flow. The intention of the changes to the Ordinance is to allow businesses to practice water conservation and pay the surcharges for only the amount of discharge measured for the higher strength portion of their wastewater discharge into the City’s sanitary sewer system. The appropriate charges will apply in accordance with the Ordinance for the higher strength discharge. Type:Other Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: Cover Memo Item # 20 Ordinance No. 8534-14 ORDINANCE NO. 8534-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE COST OF CERTAIN DISCHARGES WITH SPECIFIC PROPERTIES TO THE COLLECTION AND TREATMENT OF WASTEWATER; AMENDING CODE OF ORDINANCES, SECTION 32.224, REMOVING VOLUME CRITERIA, ADDING MORE DEFINITIVE METERING VERBIAGE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 32.224, Code of Ordinances, City of Clearwater, is amended to read as follows. Sec. 32.224. Wastewater treatment rates. (1) Surcharged wastewater service fees. Any business or industry that discharges 5,000 gpd or more of wastewater in excess of the allowable concentrations of the following parameters may be subjected to a surcharged service fee to cover the increased costs associated with treatment. These fees shall be added to the monthly service charge as follows: Parameter Explanation Surcharge Rate BOD5 Fee is based on the excess concentration above 250 mg/l. Fee is computed as the total volume of metered discharged water over the billing period, as measured by an approved, regularly maintained, annually certified, permanently installed, in-situ meter. The fee is calculated as metered discharge water expressed in millions of gallons (MG) multiplied by the average day BOD5 in excess of 250 mg/l, the conversion factor of 8.34 and the surcharge rate. $0.32/lb TSS Fee is based on the excess concentration above 250 mg/l. Fee is computed as the total volume of metered discharged water over the billing period, as measured by an approved, regularly maintained, annually certified, permanently installed, in-situ meter. The fee is calculated as metered discharge water expressed in millions of gallons (MG) multiplied by the average day TSS in excess of 250 mg/l, the conversion factor of 8.34 and the surcharge rate. $0.32/lb Attachment number 1 \nPage 1 of 2 Item # 20 2 Ordinance No. 8534-14 Nitrogen (TN) Fee is based on the excess concentration above 35 mg/l. Fee is computed as the total volume of metered discharged water over the billing period, as measured by an approved, regularly maintained, annually certified, permanently installed, in-situ meter. The fee is calculated as metered discharge water expressed in millions of gallons (MG) multiplied by the average day TN in excess of 35 mg/l, the conversion factor of 8.34 and the surcharge rate. $0.50/lb Fats Oil & Grease Fee is based on the excess concentration above 100 mg/l. Fee is computed as the total volume of metered discharged water over the billing period, as measured by an approved, regularly maintained, annually certified, permanently installed, in-situ meter. The fee is calculated as metered discharge water expressed in millions of gallons (MG) multiplied by the average day FOG in excess of 100 mg/l, the conversion factor of 8.34 and the surcharge rate. $1.46/lb Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 20 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Approve an economic development ad valorem tax exemption of 50% of the increase in tangible personal property taxes for a period of 5 years for MarineMax, Inc. beginning in Tax Year 2014 through Tax Year 2018; and pass Ordinance 8535-14 on first reading. SUMMARY: Project Overview Headquartered in Clearwater, MarineMax is the nation’s largest recreational boat and yacht retailer selling new and used recreational boats and related marine products and services. Currently located at 18167 US Highway 19 North, MarineMax proposes an expansion and relocation of its Corporate Headquarters to 2600 McCormick Drive. The company plans to invest approximately $2.0 million in new furniture, fixtures, and office and computer equipment and will add 30 new employees over a 3-year period. Average annual wages of all new positions will exceed $65,000, which is 155% of the Pinellas County Annual Average Wage as published by Enterprise Florida, Inc. on January 1, 2013. Ordinance 8535-14 Overview This Ordinance provides ED AVTE of 50% for 5 years for Tax Year 2014 through Tax Year 2018. Staff recommends this maximum ED AVTE based on the following: · The Project exceeds minimum thresholds o Job creation threshold for Targeted Industry (Corporate Headquarters) is 10 jobs The Company plans to add 30 jobs o Pinellas County Average Annual Wage threshold is $41,810 (for applications received in 2013) The average annual wage for the new jobs will exceed $65,000 o Minimum Capital Investment required is $100,000 The Company’s projected investment is +/-$2,000,000 Additionally, the company is committed to o Local procurement and will strive to use local suppliers as appropriate; o Local hiring and will strive to hire employees located within the City of Clearwater; o Environmental sustainability, particularly water-related initiatives; Staff Recommendation, Review & Analysis Cover Memo Item # 21 On November 8, 2013, Economic Development and Housing department received a complete and eligible Economic Development Ad Valorem Tax Exemption (ED AVTE) application and attachment form DR-418 from MarineMax, Inc.. Staff has reviewed the application, attachment, and Pinellas County Property Appraiser’s Report and has conducted an impact analysis using Total Impact™ by Impact Data Source. Staff recommends approval of Ordinance 8535-14, which provides an exemption of 50% for 5 years on the Tangible Personal Property taxes, which result from the expansion, and relocation of the Company According to the Property Appraiser’s report: The Company meets the definition of an Expansion of an Existing Business as defined by FS 196.012(16); The estimate of taxable value is $1,810,000. The 1st year value of the exemption if granted is $4,665 [Calculation: $1,810,000 x .005155 x 50% = $4,665] The estimated total value of the exemption is $18,661. An impact analysis of the company’s project proposal shows a significant net positive contribution to the local economy totaling o $37.5 million Economic Impact (County-wide, 10 yrs) including $31.4 million in salaries (direct and indirect jobs) and $6.1M in taxable sales and purchases in the County. o Permanent jobs to be created by the Company: 30 jobs o Additional indirect and induced jobs (spin off): 54 jobs o Net Benefits to the City: $367,760 o Present Value of Net Benefits to City (reflects 5% discount): $291,593 o Rate of Return: 96.2% ROR (when the exemption is considered as cash) o Payback Period: 1.3 years Review Approval: Cover Memo Item # 21 Ord 8528-14 MarineMax, Inc, - ED AVTE 1 ORDINANCE NO. 8535-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, APPROVING FOR MARINEMAX, INC. AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION; PROVIDING FINDINGS OF FACT; PROVIDING GRANTING OF AD VALOREM TAX EXEMPTION; PROVIDING FOR APPLICABILITY; PROVIDING FOR A SUNSET DATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That an Economic Development Ad Valorem tax exemption shall be approved for MarineMax, Inc. – Tax year 2014 through Tax year 2018 as provided herein: (a) Findings of Fact (1) Article VII, Section 3, of the Constitution of the State of Florida and Section 196.1995, Florida Statutes, provide that the City may grant Economic Development Ad Valorem Tax Exemptions to New Businesses and Expansions of Existing Businesses, as defined in Section 196.012 (15)(16), Florida Statutes, by ordinance provided that the electors of the City, voting on the question in a referendum, authorize the City to adopt such ordinances. On November 6, 2012 , voters of the City of Clearwater approved the refe rendum, authorizing the City Council of the City of Clearwater (the “Council”) to grant Economic Development Ad Valorem Tax Exemption pursuant to state law. (2) Chapter 29, Article VII of the Code of Ordinances of the City of Clearwater (the “Code”) sets forth the process and procedures for implementing the Economic Development A d Valorem Tax Exemption program. (3) Pursuant to Section 29.204 of the Code, MarineMax, Inc. (“the Company”) submitted an application to the City requesting an ad valorem tax exemption for the qualifying tangible personal property specified in its application commencing with Tax Year 2014 (“the Company Application”). The Company Application is incorporated herein by reference, and a copy of said Application shall be retained by the City of Clearwater Economic Development & Housing Department for at least the duration of the Exemption Period. Attachment number 1 \nPage 1 of 5 Item # 21 Ord 8528-14 MarineMax, Inc, - ED AVTE 2 (4) In its application, the Company stated the following: a. Name of business: MarineMax, Inc; Location: (CURRENT) 18167 US Highway 19 North, Ste 300, Clearwater, Florida 33764 with proposed expansion at 2600 McCormick Drive, Clearwater, Florida 33759; b. The Company will create a total of 30 new jobs by September 1, 2017, with an average annual wage of all new jobs that shall together be no less than $65,000 which is 155% of the Pinellas County Annual Average Wage as published by Enterprise Florida, Inc. on January 1, 2013; c. The Company will invest approximately Two Million Dollars ($2,000,000.00) in the expansion and relocation of its City of Clearwater Corporate Headquarters Office to the above named address, including the purchase of new furniture, fixtures, equipment and computer equipment; d. MarineMax is the largest boat retailer in the country. No other large boat retailers are headquartered in the City of Clearwater; e. As a company headquartered in Clearwater throughout its history, MarineMax,Inc. is committed to local procurement and local hiring as applicable; f. As a company dependent upon our water resources, MarineMax, Inc. promotes green initiatives, especially those which are water- related. g. The Company has been inducted into Boating Industry Top 100 Hall of Fame. (5) Pursuant to Section 29.205 of the Code, the Property Appraiser completed its review of the Company Application and submitted to the City its report dated November 11, 2013. The Property Appraiser report included the following information: a. Total revenue available to the City for the current fiscal year from ad valorem tax sources: $39,922,918; b. Revenue lost to the City for the current fiscal year by virtue of exemptions previously granted under this section: $0; c. Estimate of the revenue which would be lost to the City during the current fiscal year if the exemption applied for was granted at 50% and Attachment number 1 \nPage 2 of 5 Item # 21 Ord 8528-14 MarineMax, Inc, - ED AVTE 3 the property for which the exemption is requested would otherwise have been subject to taxation: $4,665; d. Estimate of the taxable value lost to the City in Year 1 if the exemption applied for was granted at 50%: Improvements to Real Property: $0; Personal Property: $905,000; e. A determination that the Company meets the definition of “Expansion of an Existing Business”, as defined in Section 196.012(16), Florida Statutes. (6) The MarineMax Application meets all statutory and ordinance requirements. (b) Grant of Ad Valorem Tax Exemption. (1) Pursuant to Section 29.205(c) of the Code, the Council reviewed the Company Application, applied the City of Clearwater Economic Development Policy Guidelines, and finds that: a. The Company currently employs 99 full-time employees at its current City of Clearwater facility and represents that that it will create a total of 30 new jobs by September 1, 2017, that together will pay an average annual wage of no less than $65,000, and; b. The Company represents that it will invest Two Million Dollars ($2,000,000.00) in the expansion of its City of Clearwater facility, including the purchase of new furniture, fixtures, equipment and computer equipment; c. The Company is an innovative reseller as the largest boat retailer in the country; d. The Company represents that to the extent that qualified suppliers are available in City of Clearwater, it will purchase its materials and equipment locally; e. The Company will continue to make a net positive contribution to the local economy as determined by the impact analysis conducted; and As a result of the above findings, the Council concludes that granting an Economic Development Ad Valorem Tax Exemption to the Company to encourage expansion of its business will promote economic sustainability Attachment number 1 \nPage 3 of 5 Item # 21 Ord 8528-14 MarineMax, Inc, - ED AVTE 4 within the City through the creation of jobs and utilization of local resources. (2) The Council hereby grants to the Company and establishes on behalf of the Company an Economic Development Ad Valorem Tax Exemption of fifty percent (50%) of the assessed value of the net increase in qualifying tangible personal property as set forth in the Company Application, acquired by the Company after the adoption of this Ordinance to facilitate the expansion of its business (the “MarineMax, Inc. Ad Valorem Tax Exemption”). (3) The MarineMax Ad Valorem Tax Exemption shall be for a period of five (5) tax years (the “Exemption Period”), commencing with Tax Year 2014 through Tax Year 2018. The MarineMax Ad Valorem Tax Exemption is conditioned upon the Company entering into an agreement with the City stating that it shall remain in compliance with Section 29.207 of the Code throughout the Exemption Period as well as the Business Maintenance and Continued Performance provision of the Company Application. Should the Company fail to comply with Section 29.207 of the Code or the Business Maintenance and Continued Performance provision of the Company Application, the Council may revoke the MarineMax Ad Valorem Tax Exemption and recover any taxes exempted during the Exemption Period pursuant to Section 29.208 of the Code. (4) The Company agrees to abide by the terms and conditions set forth in Article VII of Chapter 29 of the Code, as amended from time to time, as well as any policies and procedures enacted by the Council from time to time related to the Economic Development Ad Valorem Tax Exemption program. Failure to do so may result in revocation of the MarineMax Ad Valorem Tax Exemption and the City’s recovery of any taxes exempted during the Exemption Period. (c) Applicability. The City ad valorem tax exemption granted herein applies only to ad valorem taxes levied by City of Clearwater on the qualifying tangible property specified in the Company Application. The exemption does not apply to taxes levied by a county, school district, or any special taxing district, or to taxes levied for the payment of bonds or taxes authorized by a vote of the electors pursuant to Section 9 and Section 12, Article VII of the State Constitution. (d) Sunset Date. The MarineMax Ad Valorem Tax Exemption shall be in effect through Tax Year 2018, at which time this ordinance shall automatically sunset and no longer be in force and effect. Attachment number 1 \nPage 4 of 5 Item # 21 Ord 8528-14 MarineMax, Inc, - ED AVTE 5 Section 2. If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or applications. To this end, the provisions of this article are declared severable. Section 3. The provisions of this Ordinance shall become effective immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED 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 Attachment number 1 \nPage 5 of 5 Item # 21 Irwin, Rod From: Sanderson, Denise Sent: Thursday, December 19, 2013 5:06 PM To: Irwin, Rod Subject: Fwd: MarineMax Attachments: image001.png Sent from my iPhone Begin forwarded message: From: Sam Lowrey <Sam.Lowrev@MarineMax.com> Date: December 19, 2013 at 4:59:42 PM EST To: " Denise .Sanderson @MyClearwater.com" < Denise .Sanderson @MvClearwater.com> Subject: MarineMax Denise, About a year ago we began an exhaustive search to secure a long term lease for our corporate headquarters operation. Our HQ operations have been located in the City of Clearwater since the company was formed and went public in 1998 and it was our desire to keep our new office in that same general vicinity. However, the Mid / North Pinellas County office market is very limited for a company our size needing a minimum of 30,000 square feet, so our search was expanded to included Oldsmar, Tampa, St. Pete and Largo. In total we toured more than a dozen office buildings. Although we never stated that our current leased facility does not have enough square footage to accommodate our needs, the space proposed was not functionally and economically feasible because it would require tenant improvement construction in place which would have been extremely disruptive to our business and much more expensive to construct. Further, the net occupancy cost proposed for our existing office space and inefficiency of the building were further factors in our final decision. Skye Lane Properties' proposal meets our immediate occupancy needs and offers the opportunity for future expansion. With the construction of a parking deck and other parking improvements, this location will also meet are required parking needs. Skye Lane Properties' proposed lease terms, along with the City's tax exemption incentive, proved to be the only viable office space option that meet all of our needs and allows MarineMax to stay in the City of Clearwater - where it's always been. The next best alternatives would have required us to leave the City of Clearwater. Thank you - Sam Sam Lowrey • Director of Real Estate MarineMax To see our brands, visit www.marinemax.com Phone: (727) 531 -8150 x10196 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Approve an economic development ad valorem tax exemption for Skye Lane Properties, LLC, A Heritage Insurance Company, and Heritage Property and Casualty Insurance Company, of the increase in real and tangible personal property taxes for a period of 10 years beginning in Tax Year 2014 through Tax Year 2023; and pass Ordinance 8536-14 on first reading. SUMMARY: Skye Lane Properties, LLC, A Heritage Insurance Company, purchased 2600/2650 McCormick Drive in April 2013. At the time of purchase, the following conditions existed: · 2 buildings provided 523 parking spaces for +/-148,300 SF of office. · Under previous ownership, AmeriLife negotiated rights to 318 spaces and leased +/-75,300 SF office space · As a result, only 205 spaces were available for the remaining 73,000 SF (or 2.8 spaces / 1,000 SF). These existing conditions resulted in a severe parking deficit in today’s office marketplace where tenant demand is quite often 4.5 to 6.0 spaces / 1,000 SF. This project proposes to resolve the parking deficit to accommodate higher intensity employment opportunities, one of the Goals in the City’s Economic Development Strategic Plan (EDSP), adopted November 2011, and is supported by the US 19 Redevelopment Plan, adopted December 2012, as an In-Between Area providing an employment-intensive use favored over smaller-scale projects. Skye Lane Properties plans to invest $5.9M in real property improvements including the construction of a $4.0M tri-level parking deck. Upon completion of all parking improvements on the site, the property will have approximately 725 parking spaces, which will provide the entire site with 4.9 spaces / 1,000 SF. Projected outcomes: · Heritage Property and Casualty Insurance Company will invest $200,000 in furniture, fixtures and equipment and be able to relocate its 54 employees from their current corporate headquarters location in St. Petersburg, and will add 11 new positions in 2014. Average wages for all new jobs will exceed $87,000 (208% above the Pinellas County Average Annual Wage). · Ten or more consultants currently working with Heritage Property and Casualty Insurance Company will also relocate to the site. · MarineMax, Inc., the nation’s largest boat retailer, will relocate 99 employees from its current corporate headquarters located in the City, invest $2.0M in furniture, fixtures and equipment, and add 30 new jobs over 3 years. Average annual wages of all new jobs will exceed $65,000 (155% of the Pinellas County Average Annual Wage). An application for ED AVTE has been received and is being presented for consideration under a separate ordinance (Ordinance 8435-14). Cover Memo Item # 22 · MarineMax, Inc. is unable to expand at its current site and has identified this property as the only available, suitable property within city limits for their proposed relocation. · Tenants on the site, including AmeriLife, will be able to expand. · The property will meet market demand making this a prime Class A office destination for what was 50% vacant nearly 1 year ago. Ordinance 8536-14 Overview This Ordinance provides ED AVTE of 75% for 5 years for Tax Year 2014 through Tax Year 2018 and ED AVTE of 50% for 5 years for Tax Year 2019 through 2023. Staff recommends this ED AVTE based on the following: · The project exceeds minimum thresholds including job creation, wages, capital investment and sales factor. · Additionally, the company is committed to local procurement, local hiring, environmental sustainability, and active involvement in the local community. · The Ordinance includes the condition that for the period of the exemption (10 yrs), MarineMax, Inc. remains a tenant of the property. The required Business Maintenance and Continued Performance Agreement will be presented at the next Council Meeting scheduled for January 16, 2014. Staff Recommendation, Review and Analysis On November 25, 2013, Economic Development and Housing Department received a complete and eligible Economic Development Ad Valorem Tax Exemption (ED AVTE) application and attachment form DR-418 from Skye Lane Properties, LLC, A Heritage Insurance Company, and Heritage Property and Casualty Insurance Company. Staff has reviewed the application, attachment, and Pinellas County Property Appraiser’s Report and has conducted an impact analysis using Total Impact™ by Impact Data Source. Staff recommends approval of Ordinance 8536-14 which provides an exemption of 75% for 5 years (Tax Years 2014-2018) followed by 50% for 5 years (Tax Years 2019-2023) on the Real Tangible Personal Property taxes which will result from the expansion and relocation of the Company. According to the Property Appraiser’s report: · The Company meets the definition of an Expansion of an Existing Business as defined by FS 196.012(16); · The estimate of Real and Tangible Personal Property taxable value is $4,904,000. The 1st year value of the exemption if granted is $18,960 [Calculation: $4,904,000 x .005155 x 75% = $18,960] The estimated total value of the exemption over the 10-year period is $168,472. An impact analysis of the company’s project proposal shows a significant net positive contribution to the local economy. The analysis does not include MarineMax or any other tenant company: · $134.9M Economic Impact (County-wide, 10 yrs) including $109.8M in salaries (direct and indirect jobs) and $20.4M in taxable sales and purchases in the County. · Permanent jobs and additional indirect and induced jobs (spin off): 160 jobs Cover Memo Item # 22 · Net Benefits to the City: $229,327 · Present Value of Net Benefits to City (reflects 5% discount): $184,079 · Rate of Return: 17.4% ROR (when the exemption is considered as cash) · Payback Period: 5.2 years Additional Incentives Staff is proposing ED AVTE for MarineMax, Inc. for 50% exemption of personal tangible property taxes for 5 years (Tax Years 2014-2018). Total value of the proposed exemption for MarineMax, Inc. is estimated at $18,661. (Ordinance 8535-14) Staff also proposes for Skye Lane Properties, LLC and Heritage Property and Casualty Insurance Company a reimbursement/waiver of all application, permit, inspection, examination, and others fees paid to the City up to $60,000. Resolution 14-03 will come before Council on January 16, 2014, and is considered integral to this project as an inducement. Review Approval: Cover Memo Item # 22 ORDINANCE NO. 8536-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, APPROVING FOR SKYE LANE PROPERTIES, LLC, A HERITAGE INSURANCE COMPANY AND HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, A HERITAGE INSURANCE COMPANY, AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION; PROVIDING FINDINGS OF FACT; PROVIDING GRANTING OF AD VALOREM TAX EXEMPTION; PROVIDING FOR APPLICABILITY; PROVIDING FOR A SUNSET DATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That an Economic Development Ad Valorem tax exemption shall be approved for Skye Lane Properties, LLC, and Heritage Property & Casualty Insurance Company – Tax year 2014 through Tax year 2023 as provided herein: (a) Findings of Fact (1) Article VII, Section 3, of the Constitution of the State of Florida and Section 196.1995, Florida Statutes, provide that the City may grant Economic Development Ad Valorem Tax Exemptions to New Businesses and Expansions of Existing Businesses, as defined in Section 196.012 (15)(16), Florida Statutes, by ordinance provided that the electors of the City, voting on the question in a referendum, authorize the City to adopt such ordinances. On November 6, 2012, voters of the City of Clearwater approved the referendum, authorizing the City Council of the City of Clearwater (the “Council”) to grant Economic Development Ad Valorem Tax Exemption pursuant to state law. (2) Chapter 29, Article VII of the Code of Ordinances of the City of Clearwater (the “Code”) sets forth the process and procedures for implementing the Economic Development Ad Valorem Tax Exemption program. (3) Pursuant to Section 29.204 of the Code, Skye Lane Properties, LLC, A Heritage Insurance Company, and Heritage Property & Casualty Insurance Company, hereunder known as “the Company”, submitted an application to the City requesting an ad valorem tax exemption of the qualifying improvements to real property and qualifying tangible personal 1 Attachment number 1 \nPage 1 of 6 Item # 22 property specified in its application, commencing with Tax Year 2014 (“the Company Application”). The Company Application is incorporated herein by reference, and a copy of said Application shall be retained by the City of Clearwater Economic Development & Housing Department for at least the duration of the Exemption Period. (4) MarineMax, Inc., hereunder known as “the Tenant”, submitted an application to the City requesting an ad valorem tax exemption of the qualifying tangible personal property specified in its application, commencing with Tax Year 2014, (“the Tenant Application”) is incorporated herein by reference. The Tenant will relocate 99 jobs from its current location within the City of Clearwater and add 30 new jobs by September 1, 2017. The Tenant lease term is September 1, 2014 through September 1, 2024. (5) In its application, the Company stated the following: a. Name of business: Skye Lane Properties, LLC, A Heritage Insurance Company located at 2600/2650 McCormick Drive, Clearwater, 33759; and Heritage Property & Casualty Insurance Company, A Heritage Insurance Company currently located at 700 Central Avenue, Ste 500, St. Petersburg, FL 33701; b. The Company will relocate 54 jobs from St. Petersburg and create a total of 11 new jobs by December 31, 2015, with an average annual wage of all new jobs that shall together be no less than $87,000 which is 208% of the Pinellas County Annual Average Wage as published by Enterprise Florida, Inc. on January 1, 2013; c. Through December 31, 2015, the Company represents that it will invest Six Million One Hundred Thousand Dollars ($6,100,000.00) in the expansion of the 2600/2650 McCormick Drive property, including the renovation of the facility and construction of a tri-level parking deck, and the purchase of new furniture, fixtures, equipment; d. The Company is a newly licensed property and casualty insurance company licensed to conduct business in Florida. There are no other property and casualty insurers in Clearwater established to serve the Florida residential property owner community. e. The Company is committed to local procurement and will strive to incorporate as many qualified local and small business firms as appropriate in each trade category for the proposed site preparation and building construction and is committed to hiring locally and 2 Attachment number 1 \nPage 2 of 6 Item # 22 leverage the services of WorkNet Pinellas as well as local staffing agencies to assist in filling positions; f. The Company is committed to active involvement in the local community. The Company has made significant contributions to several local charities including the Pinellas Education Foundation and Step Up for Students; f. Environmental sustainability, striving to maintain a paperless workflow in an industry that typically generates and consumes vast pager resources; g. $36.3 million (27%) of the Company’s revenues are sales inside the Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area (MSA) with $96.6 million (73%) of sales outside the MSA. (7) Pursuant to Section 29.205 of the Code, the Property Appraiser completed its review of the Company Application and submitted its report to the City. The Property Appraiser report, dated November 25, 2013, included the following information: a. Total revenue available to the City for the current fiscal year from ad valorem tax sources: $39,922,918; b. Revenue lost to the City for the current fiscal year by virtue of exemptions previously granted under this section: $0; c. Estimate of the revenue which would be lost to the City during the current fiscal year if the exemption applied for was granted at 75% and the property for which the exemption is requested would otherwise have been subject to taxation: $18,960; d. Estimate of the taxable value lost to the City in Year 1 if the exemption applied for was granted at 75%: Improvements to Real Property: $4,720,000; Personal Property: $184,000; e. A determination that the Company meets the definition of “Expansion of an Existing Business”, as defined in Section 196.012(16), Florida Statutes. (8) The Company Application meets all statutory and ordinance requirements. (b) Grant of Ad Valorem Tax Exemption. 3 Attachment number 1 \nPage 3 of 6 Item # 22 (1) Pursuant to Section 29.205(c) of the Code, the Council reviewed the Company Application, applied the City of Clearwater Economic Development Policy Guidelines, and finds that: a. The Company currently employs 54 full-time employees at its current facility in St. Petersburg, Florida, location and represents that it will relocate these employees and will create 11 new jobs by December 31, 2015. b. The Company represents that it will invest Six Million One Hundred Thousand Dollars ($6,100,000.00) in the expansion of the 2600/2650 McCormick Drive property, including the renovation of the facility, construction of a tri-level parking deck and the purchase of new furniture, fixtures, equipment; c. The Company represents that to the extent that qualified suppliers are available in City of Clearwater, it will purchase its materials and equipment locally and use local labor as available; d. The Company represents an estimated 5% of its workforce will reside in City of Clearwater and 75% in Pinellas County; e. The Company will continue to make a net positive contribution to the local economy as determined by the impact analysis conducted; and f. More than 73% of its sales are outside of the MSA. As a result of the above findings, the Council concludes that granting an Economic Development Ad Valorem Tax Exemption to the Company to encourage expansion of its business will promote economic sustainability within the City through the creation of jobs and utilization of local resources. (2) The Council hereby grants to the Company and establishes on behalf of the Company an Economic Development Ad Valorem Tax Exemption of of the assessed value of the net increase in qualifying improvements to real property and qualifying tangible personal property as set forth in the Company Application, acquired by the Company after the adoption of this Ordinance to facilitate the expansion of its business (the “Skye Lane Properties, LLC, and Heritage Property & Casualty Insurance Company Ad Valorem Tax Exemption”) as follows: a. Seventy-five percent (75%) for the period of five (5) years commencing with Tax Year 2014 through Tax Year 2018; and 4 Attachment number 1 \nPage 4 of 6 Item # 22 b. Fifty percent (50%) for the period of five (5) years commencing with Tax Year 2019 through Tax Year 2023; (3) The Skye Lane Properties, LLC, and Heritage Property & Casualty Insurance Company Ad Valorem Tax Exemption is conditioned upon the following: a. For the period of the Exemption, the Tenant remains at 2600/2650 McCormick Drive, b. The Company shall enter into an agreement with the City stating that it shall remain in compliance with Section 29.207 of the Code throughout the Exemption Period as well as the Business Maintenance and Continued Performance provision of the Company Application. Should the Company fail to comply with Section 29.207 of the Code or the Business Maintenance and Continued Performance provision of the Company Application, the Council may revoke the Skye Lane Properties, LLC, and Heritage Property & Casualty Insurance Company Ad Valorem Tax Exemption and recover any taxes exempted during the Exemption Period pursuant to Section 29.208 of the Code. (4) The Company agrees to abide by the terms and conditions set forth in Article VII of Chapter 29 of the Code, as amended from time to time, as well as any policies and procedures enacted by the Council from time to time related to the Economic Development Ad Valorem Tax Exemption program. Failure to do so may result in revocation of the Skye Lane Properties, LLC, and Heritage Insurance Property & Casualty Insurance Company Ad Valorem Tax Exemption and the City’s recovery of any taxes exempted during the Exemption Period. (c) Applicability. The City ad valorem tax exemption granted herein applies only to ad valorem taxes levied by City of Clearwater on the qualifying improvements to real property and qualifying tangible property specified in the Company Application. The exemption does not apply to taxes levied by a county, school district, or any special taxing district, or to taxes levied for the payment of bonds or taxes authorized by a vote of the electors pursuant to Section 9 and Section 12, Article VII of the State Constitution. (d) Sunset Date. The Skye Lane Properties, LLC, and Heritage Property & Casualty Insurance Company Ad Valorem Tax Exemption shall be in effect through Tax Year 2023, 5 Attachment number 1 \nPage 5 of 6 Item # 22 at which time this ordinance shall automatically sunset and no longer be in force and effect. Section 2. If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or applications. To this end, the provisions of this article are declared severable. Section 3. The provisions of this Ordinance shall become effective immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED 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 6 Attachment number 1 \nPage 6 of 6 Item # 22 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Designate the City Clerk and Official Records and Legislative Services staff to serve as the Clerk to the Local Hearing Officer for the purpose of conducting hearings related to red-light camera violations, appoint Nancy Mag, Esq. as the Local Hearing Officer, approve the Legal Services Agreement between Nancy Mag and the City of Clearwater, adopt Resolution 13-25, and authorize the appropriate officials to execute same. SUMMARY: Amendments to Section 316.0083, Florida Statutes, contained in House Bill 7125, provide the registered owner of the motor vehicle or the person in physical control of the motor vehicle at the time the motor vehicle failed to stop at a red light being monitored by a traffic infraction detector with the option of requesting a hearing before a local hearing officer to contest a notice of violation issued pursuant to Section 316.0083, Florida Statutes. In addition, Section 316.0083, Florida Statutes, requires the municipality issuing the notice of violation to designate a local hearing officer as defined in Section 316.003(91), Florida Statutes, for the purpose of conducting a hearing pursuant to Section 316.0083, and Section 316.0083(5)(b), Florida Statutes, requires the municipality by resolution to designate existing staff of the municipality to serve as the clerk to the local hearing officer. The City Attorney's Office, City Manager's Office and Police Department interviewed several applicants for the Local Hearing Officer, and selected Nancy Mag, Esq. A Legal Services Agreement has been negotiated. Ms. Mag will hear Red Light Camera violations at an hourly rate of $150.00, with a minimum hearing session of 2 hours. The funds to pay the Local Hearing Officer will come from the proceeds from Red Light Camera infractions. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: Current Year Cost:Annual Operating Cost:$3600 Not to Exceed:Total Cost: For Fiscal Year:100113 to 093014 Appropriation Code Amount Appropriation Comment 0-010-01139-530300-521- 000-0000 $3600Blanket PO - variable Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:Impractical to Bid Review Approval: Cover Memo Item # 23 Resolution 13-25 RESOLUTION NO.13-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, DESIGNATING THE CLERK AND STAFF OF THE OFFICE OF OFFICIAL RECORDS & LEGISLATIVE SERVICES TO SERVE AS THE CLERK TO THE “LOCAL HEARING OFFICER” FOR THE PURPOSE OF CONDUCTING HEARINGS RELATED TO A NOTICE OF VIOLATION ISSUED PURSUANT TO SECTION 316.0083, FLORIDA STATUTES; APPOINTING A LOCAL HEARING OFFICER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, amendments to Section 316.0083, Florida Statutes, contained in House Bill 7125, provide the registered owner of the motor vehicle or the person in physical control of the motor vehicle at the time the motor vehicle failed to stop at a red light being monitored by a “traffic infraction detector” with the option of requesting a hearing before a “local hearing officer” to contest a notice of violation issued pursuant to Section 316.0083, Florida Statutes; and WHEREAS, Section 316.0083, Florida Statutes, requires the municipality issuing the notice of violation to designate a “local hearing officer” as defined in Section 316.003(91), Florida Statutes, for the purpose of conducting a hearing pursuant to Section 316.0083; and WHEREAS, Section 316.0083(5)(b), Florida Statutes, requires the municipality by resolution to designate existing staff of the municipality to serve as the clerk to the “local hearing officer”; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council of the City of Clearwater hereby designates the clerk and staff of the Office of Official Records & Legislative Services to serve as the clerk to the “local hearing officer” to conduct hearings related to a notice of violation issued pursuant to Section 316.0083, Florida Statutes. Section 2. Nancy Mag, Esq. is hereby appointed as the Local Hearing Officer for the purpose of conducting hearings related to a notice of violation issued pursuant to Section 316.0083, Florida Statutes. Section 3. This resolution shall take effect January 1, 2014. Attachment number 1 \nPage 1 of 2 Item # 23 2 Resolution 13-25 PASSED AND ADOPTED this _______ day of _____________, 2013. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 23 [GM13-1111-065/138697/2] 1 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 NANCY B. MAG, ESQ.., 304 Old Mill Pond Rd., Palm Harbor, FL 34683 ("Counsel"). W I T N E S S E T H: WHEREAS, the City wishes to retain Counsel to provide Local Hearing Officer Services to the City of Clearwater for the purpose of conducting hearings pursuant to Section 316.0083, Florida Statutes. 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 Local Hearing Officer services as described in and for the professional fees described in this Agreement. SECTION 2. SCOPE OF SERVICES. Counsel accepts designation by the CITY as the “local hearing officer” for the purpose of conducting hearings pursuant to Section 316.0083, Florida Statutes. (1) All hearings conducted by Counsel shall be held in the Clearwater City Council chambers, located on the 3rd floor of City Hall, 112 S. Osceola Avenue, Clearwater, FL 33756. (2) The hearings shall be held monthly on the _________ of each month at ____ p.m. unless the hearings are rescheduled upon the mutual agreement of the parties. (3) The City Clerk shall be the clerk for the Counsel and shall be responsible for scheduling all hearings, sending all notices, attending all hearings, and for all of the costs associated with completing the clerk’s duties. (4) At the hearing, Counsel shall take testimony from a traffic infraction enforcement officer employed by the CITY and from the person requesting the hearing (hereinafter “petitioner”), and may take testimony from others. All testimony at the hearing will be under oath and will be recorded at the CITY’S expense. Counsel shall review the photographic or electronic images and the streaming video made available under Section 316.0083, Florida Statutes. Formal rules of evidence do not apply, but Counsel shall ensure that due process is observed and governs the proceedings. Attachment number 2 \nPage 1 of 3 Item # 23 [GM13-1111-065/138697/2] 2 (5) At the conclusion of the hearing, Counsel shall determine whether a violation under Section 316.0083(1)(a), Florida Statutes, has occurred; in which case, Counsel shall uphold or dismiss the violation. If Counsel upholds the notice of violation, Counsel shall require the petitioner to pay the penalty assessed pursuant to Section 316.0083, Florida Statutes, and may also require the petitioner to pay CITY costs, not to exceed $250. The CITY Clerk will prepare the final administrative order for Counsel containing the Counsel’s determinations. Counsel will sign the final administrative order within 48 hours from the date of the hearing. SECTION 3. TERM. This Agreement will be effective January 1, 2014 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 $150.00 per hour for local Hearing Officer services, with a guaranteed minimum of two hours per hearing session. SECTION 5. 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, 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 6. 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 7. DUAL OFFICE-HOLDING PROHIBITED. It is understood by the City and Counsel that Counsel may not act as a Local Hearing Officer for any other municipality while this agreement is in effect. 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 Attachment number 2 \nPage 2 of 3 Item # 23 [GM13-1111-065/138697/2] 3 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 Attest: NANCY MAG, ESQ. ______________________________ ___________________________________ Attachment number 2 \nPage 3 of 3 Item # 23 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: Approve 2014 State Legislative Package. SUMMARY: Review Approval:1) Clerk Cover Memo Item # 24 2014 State Legislative Priorities The City of Clearwater will seek funding through grants and other sources to assist in implementing projects and providing services to meet the needs of our citizens and improve their quality of life. McMullen Tennis Complex Expansion · $200,000 Florida Recreation Development Assistance Program (FRDAP) request · Provide four new tennis courts, bike trail connection to Progress Energy Trail, and facility improvements Septic System Elimination · $1.4 million Community Budget Issue Request · Connect 4,400 city lots served by individual septic systems, many of which are old and in a state of severe disrepair, to the City’s centralized sewer system. Issues to Support We will support legislation that is beneficial to Clearwater and other municipalities including: · Require sales tax collection from online retailers. · Maintain or increase funding for FRDAP, Land and Water Conservation, Southwest Water Management District Cooperative Funding, Cultural Affairs Facilities, State Aid to Libraries and Multi-type Library Cooperatives. · Provide full funding of the Florida State and Local Housing Trust Funds under the Sadowski Act. · Support regional transportation planning and development initiatives in the Tampa Bay area. · Establish a statewide policy on energy development and conservation, which incentivizes the development and implementation of renewable and alternative energy sources. · Support the extension of the Florida Enterprise Zone Act. The EZ Community Contribution Tax Credit Program (50% tax credit or sales tax refund) provides a financial incentive to encourage businesses to make donations toward an approved community development project. The Capitol Theatre is located in the City’s EZ Number 5202 and has been designated an approved project since October 2009. If the program is extended, Clearwater Marine Aquarium may benefit from the same financial incentives. · Repeal the state preemption of vacation rental property laws to allow local governments to regulate such properties to protect the health and welfare of their residents, visitors, and businesses. · Define and establish statewide minimum standards for properties used for sober home purposes and allow for more stringent local regulation of such properties. · Provide comprehensive municipal pension and disability presumption reform. Attachment number 1 \nPage 1 of 2 Item # 24 · Allow alternatives for flood insurance coverage so that homeowners have affordable options. Issues to Oppose We will oppose legislation that is detrimental to Clearwater and other municipalities including: · Unfunded mandates. · Increased regulation of, or restrictions on, municipal operations and budgeting. · Restriction or elimination of municipal revenues generated under the communications services and local business tax. · Changes to existing laws related to offshore Oil Drilling in the Gulf of Mexico. · Imposed consolidation of municipal and county services. · Reduced home rule authority of municipalities to regulate signage. In addition, the City will support the Florida League of Cities in pursuing its legislative priorities. Attachment number 1 \nPage 2 of 2 Item # 24 City Council Agenda Council Chambers - City Hall Meeting Date:12/19/2013 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 25