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10/17/2007 City Council Agenda Location: Council Chambers - City Hall Date: 1 0/17/2007- 6 :00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2, Invocation 3, Pledge of Allegiance 4, Presentations 4.1 2007 Clearwater Charter Review Committee Report ~ Attachments 5, Approval of Minutes 5.1 Approve the minutes of the October 4, 2007 City Council Meeting as submitted in written summation by the City Clerk ~ Attachments 6, Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7,Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min,) - Council questions - Comments in support or opposition (3 min, per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min,) - Council disposition 7.1 Declare as surplus and convey to Florida Power Corporation d/b/a Progress Energy Florida, Inc., a perpetual blanket Distribution Easement over and across a portion of City-owned Chi Chi Rodriguez Youth Foundation Lease lands lying within the West Yz of the Southwest 114 of Section 21, Township 28 South, Range 16 East, in consideration of the mutual benefits, covenants and conditions contained in said easement documentation. ~ Attachments 7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District consisting of a portion of 2965 Sunset Point Road (consisting of a portion of metes and bounds 14/153 in Section 5, Township 29 South, Range 16 East); and Pass Ordinances 7877-07, 7878-07, and 7879-07 on first reading. (ANX2007-08020) ~ Attachments 7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 3151 Johns Parkway (Lots 11 and 12, Johns Parkway Subdivision in Section 16, Township 29 South, Range 16 East); and Pass Ordinances 7880-07, 7881-07 and 7882-07 on first reading. (ANX2007-08021) ~ Attachments 7.4 Approve an amended Development Agreement between Triangle Old Bay Holdings, LLC, (the property owner) and the City of Clearwater (previously DV A 2006-00001 approved by City Council on February 15,2007) to modify the effective date of the agreement, and the provisions of the phasing schedule, as well as add language pertaining to a proposed site plan modification (FLD2007 -07025), and adopt resolution 07-21. ~ Attachments 7.5 Amend Section 8-102 relating to fractional ownership and similar uses of residentially zoned property and overuight accommodations and pass Ordinance No. 7884-07 on first reading. ~ Attachments 7.6 Approve amendments to the Clearwater Comprehensive Plan related to school concurrency and establishing the new Public School Facilities Element and and pass Ordinance 7870-07 on first reading. ~ Attachments 8, Second Readings - Public Hearing 8.1 Adopt Ordinance 7883-07 on second reading, amending Ordinance 7769-07, which vacated a portion of Section 9, Township 29 South, Range 15 East, being a part of the existing right-of-way of Osceola Avenue and a portion of an alley lying north of Lots 2 and 3 of Jones Subdivision of Nicholson's Addition to Clearwater Harbor; three drainage and utility easements and one ingress/egress easement; amending the conditions and requirements as described. ~ Attachments City Manager Reports 9, Consent Agenda 9.1 Accept the EP A Brownfields assessment grant award dated September 11, 2007 in the amount of $400,000 (EPA grant #BF-96486307-0)and authorize the appropriate officials to execte same. (consent) ~ Attachments 9.2 A ward a contract to Northeast II, Inc. DBA: TC Specialties, of Tampa, FL in the amount of $380,000.00 (estimated) from November 1,2007 through October 31,2008 for mail processing services and postage for the City of Clearwater and the appropriate officials be authorized to execute same. (consent) ~ Attachments 9.3 Extend a contract with Angelos Aggregate Materials Ltd., Largo, FL, in the amount of $860,000 for the disposal of Construction and Demolition debris, Brush and Yard Waste and Class III waste for the period November 1,2007 through December 31,2008 and authorize the appropriate officials to execute the same. (consent) ~ Attachments 9.4 Approve a Contract (Blanket Purchase Order) for $160,000 to Fleet Products, Inc. of Tampa, FL for the purchase of Replacement Parts for all City Vehicles and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.5 Approve Change Order 1 to the 2007 Street Resurfacing Contract (07 -0011- EN) to R.E. Purcell Construction Company, Inc. of Largo, FL increasing the contract amount by $369,971.80 for a new contract total of $2,526,551.66, approve a time extension of 30 days and authorize the appropriate offcials to execute same. (consent) ~ Attachments 9.6 Approve Change Order 1 to TLC Diversified, Inc. of Palmetto, FL for the Marshall Street Influent Pump Station Rehabilitation Project in the amount of $397,151.70, of which $346,316.70 is to ratify and confirm the City Manager's decision to proceed with emergency work needed to repair a broken sewer main and increase the safety factor to prevent additional sewer overflows; and $50,835.00 consists of additional new work which is impractical to bid as the contractor is already on site, for a new contract total of $1,077,831.70, approve a time extension of 150 days and authorize the appropriate officials to execute same. (consent) @ Attachments 9.7 Award contracts to Concrete Conservation, Inc. of Jacksonville, FL, in the amount of $103,000 for Sanitary Manhole Rehabilitation, Reynolds Inliner of Clearwater, FL in the amount of $565,600 for Sanitary Sewer Cleaning and Televising Inspection, Insituform Tech, Inc. of Dover, FL in the amount of $206,000 for Sanitary Sewer Rehabilitation, and Rowland Inc. of Pinellas Park, FL in the amount of $616,500 for Sanitary Sewer and Force Main Emergency Repair which are the lowest responsible bids received in accordance with the plans and specifications of the 2007 Sanitary Sewer and Manhole Rehabilitation Project (#07-015-UT)and authorize the appropriate officials to execute same. (consent) @ Attachments 9.8 Accept a blanket Water Main and Utility Easement over, across and under a portion of PINELLAS GROVES, situate in the Southeast 1/4 of Section 12, Township 29 South, Range 15 East as conveyed by Robert N. Lynch, as Bishop of the Diocese of St. Petersburg, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) @ Attachments 9.9 Approve Downtown Boat Slips Work Order Amendment 2, to Engineer of Record Wade Trim in the amount of $51,847.00 for a total of $369,024.50 and establish the 2008 Improvement Revenue Bond Construction project Downtown Boat Slips. (consent) ~ Attachments 9.10 Accept a Water Main and Hydrant Easement over, across and under a portion of the Northwest 1/4 of the Southwest 1/4 of Section 18, Township 29 South, Range 16 East (Gulf-to-Bay Plaza) conveyed by Ellis and Co., LLLP, a Florida limited liability limited partnership ("Grantor"), given in consideration of receipt of $1.00 and the benefits to be derived therefrom.(consent) @ Attachments 9.11 Approve offering Lots 11 to 16, inclusive, Block 2, LAKE BELLEVIEW ADDITION, for sale for minimum bid amount of $172,000 by Invitation For Bid 43-07, amending motion approved April 19, 2007 authorizing sale of said lots for minimum bid amount of $270,000. (consent) ~ Attachments 9.12 A ward a contract for the cleaning and inspection of the secondary digester at the Northeast APCF (06- 0057-UT) to American Process Group of Spruce Grove, Alberta, Canada, in the amount of $378,520.54 which is the lowest responsible bid in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.13 Approve the final plat for HIGHLAND AVENUE SHOPPING CENTER located at 1815 North Highland A venue, at thr Northeast coruer of Highland A venue and Greenlea Street. (consent) ~ Attachments 9.14 Accept a perpetual Sidewalk & Utilities Esement over, across and under an 1852 square foot portion of Lot 1, CLEARWATER MALL, PHASE II conveyed by Clearwater Mall, LLC, a Florida limited liability company, given in consideration ofreceipt of $1.00 and the benefits to be derived therefrom. (consent) ~ Attachments 9.15 Accept a perpetual Water Main Easement over, across and under a 4712 square foot portion of Block B and a vacated 60-foot right-of-way for Florida Avenue, SUBURB BEAUTIFUL, and a Sanitary Sewer Easement over, across and under a 3685 square foot portion of Block A and said vacated Florida A venue right-of-way, SUBURB BEAUTIFUL, both as conveyed by Boos-Gulf-to-Bay and Keene, LLC, a Florida limited liability company, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) ~ Attachments 9.16 Approve submitting a local bill to address needed changes in the Firemen's (Firefighter's) Pension Plan, for the 2008 State Legislative Session. ~ Attachments 9.17 Authorize instituting a civil action against Antonne Gordon and U Save Auto Rental of America, Inc., a foreign corporation, to recover $3,715.88 for damage to City property.(consent) ~ Attachments 10, Other items on City Manager Reports 10.1 Endorse the Model Livable Communities Comprehensive Plan Objectives and Policies recommended by the Pinellas County Metropolitan Planning Organization and adopt Resolution 07-31. ~ Attachments 10.2 Approve the Marina five-year business plan for FY 2008 through FY 2012, including increasing slip fees to market rates, charging slip fees by square footage rather than linear foot for recreational slips, charging commercial tenants for slip location in the marina, decreasing the amount of discount on fuel sales, and amending the dock permit to reflect slips revert back to the city if tenant sells vessel. ~ Attachments Miscellaneous Reports and Items 11, City Manager Verbal Reports 11.1 Update on Beach Recreation Center Storage Buidling design blocking views ~ Attachments 12, Council Discussion Items 12.1 Provide Direction on Charter Review Revisions ~ Attachments 12.2 Grant Process ~ Attachments 13, Other Council Action 13.1 Approve revisions to council rules and adopt resolution 07-32 ~ Attachments 13.2 City Attoruey Evaluation ~ Attachments 13.3 City Manager Evaluation ~ Attachments 14, Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: 2007 Clearwater Charter Review Committee Report SUMMARY: Meeting Date: 10/17/2007 Review Approval: 1) Clerk Cover Memo Item # 1 Attachment number 1 Page 1 of 4 Clearwater Charter Review Committee 2007 Summary Report The Charter Review Committee is composed of eleven citizen volunteers appointed by the current City Council. The Committee has met on the 2nd and 4th Thursday of each month since January 30,2007. The Committee reviewed every section of the current charter including the areas to which the City Council asked us to pay particular attention. A public meeting was held on September 11 in which we invited the public to share their opinions and concerns regarding the proposed recommended changes. The following is a summary of our recommendations to the City Council: Article II - Legislative Powers . Duties and Limitations o Section 2.01(d)(5)(i): We are recommending reducing the restriction on the transfer of real property for workforce or affordable housing. · Define Workforce or Affordable housing as "housing affordable to persons or families whose total annual income does not exceed 120 percent of the Area Median Income (AMI), adjusted for household size as published by the U.S. Dept. of Housing and Urban Development for Pinellas County or metropolitan area." . The proposed change would allow the City to donate surplus land for affordable housing. o Section 2.01(d)(7): We are recommending that council at a duly advertised public hearing may grant easements for underground public utilities. This was a unanimous vote. · Current charter restriction impacted project costs when the City could not grant Progress Energy an easement for public utilities to serve the Memorial Causeway Bridge and Opus. As similar challenges are anticipated should status of the Harborview Center or City Hall properties change, the Committee believed the city needed the flexibility to grant easements for public utilities. o The Committee considered allowing the sale, lease or other disposition of Open Space/Recreation land by a unanimous vote of the Council rather than referendum but in light of public opposition made no change to this provision. Had this change been recommended the ability to sell or otherwise dispose of Jack Russell Stadium would not have required a referendum. Item # 1 Attachment number 1 Page 2 of 4 o The Committee considered lessening the restrictions on the use of Coachman Park but in light of public response decided against this change. . Terms of Office and Compensation o Section 2.03: We are recommending that all Councilmembers and the Mayor be elected for four-year terms starting in 2008. This was an unanimous vote. · Terms shall overlap with two Councilmembers and the Mayor in one year, and the additional two Councilmembers two years later. . The Committee believed increased terms would improve interest in running for council, be in conjunction with state and county term limits, and provide continuity on the City Council. · Newly elected councilmembers shall take office the next business day following certification of city election returns. . In recent years, the State Legislature has enacted many changes affecting the city's election schedule. The proposed change will prevent delay in newly elected councilmembers taking office. o Section 2.04: We are recommending that the Council annually review and determine the salary of councilmembers and the mayor by ordinance. This was an unanimous vote. · The Committee believed the proposed change will encourage councilmembers to publicly discuss their salaries and determine need for change. . Form of Government o Section 2.05: As requested by Council, we discussed the idea of changing to a strong-mayor form of government. Weare not recommending this idea. · As there is no citizens' group of proponents advocating a strong- mayor form of government, the Committee believed there is no need for change. The current form of government is working well. Article III - Administration . Section 3.03(g): Weare recommending language regarding historic preservation be included in the charter. o The City Manager shall have [insert appropriate government division] prepare an annual report on the status of the preservation of historic structures and districts within the city. This report shall be submitted to the City Manager on or before [insert date] of each year. Item # 1 Attachment number 1 Page 3 of 4 o The City Manager shall make a report to the council on the status of historic preservation within the city on or before [two months after date above report is submitted to the City Manager] of each year. This report shall include a summary of legislation and actions taken to promote historic preservation in the preceding year, recommendations and goals for the coming year, and a 5-year plan to promote historic preservation. · The majority of the Committee believed inclusion oflanguage would ensure an historic preservation plan is developed and promoted throughout the city. · The minority of the Committee believed historic preservation should not be addressed in the charter, but rather in city ordinance or council policy. Article VII - General Provisions . Section 7.02: We are recommending that the council appoint a charter review advisory committee at least every eight years. This was an unanimous vote. o The Committee believed reviewing the charter every five years was too frequent. The charter may be reviewed at any time if council feels it is warranted. Article VIII - Nominations and Elections o Section 8.05(b): As requested by Council, we discussed the idea of moving city elections from March to November. We are not recommending this idea. · Information provided by the Supervisor of Elections indicates voter fall-out increases, due to lengthy ballots and placement of municipal items at end of ballot. · Supervisor of Elections indicated November elections would have to be in odd numbered years. o Also at the request of Council the Committee considered whether there are provisions in the Charter that result in few candidates for Council and determined the requirements are adequate and not overly cumbersome. . Section 8.05(d): We are recommending that the canvassing board be comprised by councilmembers whose names do not appear on the ballot, and in the event there are less than three councilmembers, council will appoint a citizen as the third member. o The Committee believed the canvassing board should not include candidates who were opposed. . Changes by the State Legislature have impacted when the Canvassing Board can meet. It was the consensus of the committee that the City Attorney draft language that would allow the Canvassing Board to meet in keeping with State law. Item # 1 Attachment number 1 Page 4 of 4 Article IX - Fiscal Management Procedure . Weare recommending deletion of the sentence requiring revenue bonds for proj ects in excess of one million dollars be put to referendum. This was an unanimous vote. o The Committee expressed concerns the referendum requirement would not allow staff to take advantage of a favorable economy. The limitations set by law ensure staff can only issue bonds if a revenue source is identified. If the revenue source is the General Fund ad valorem taxes, a referendum will be required by state law. Elements of the Vision o The Council requested the committee to consider if anything from the City's visioning process should be incorporated into the Charter. Consensus of the Committee was that items from the visioning process are not Charter-related and can be addressed through the planning-development process. Citizen Suggestions . As requested by a group of concerned citizens, we discussed the idea of including language opposing the fluoridation of the city's public drinking water supply (Safe Water Amendment). We are not recommending this idea. o The Committee believed this issue should not be addressed in the charter, but rather in city ordinance. Item # 1 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the October 4, 2007 City Council Meeting as submitted in written summation by the City Clerk SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 2 Attachment number 1 Page 1 of 13 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER October 4,2007 Unapproved Present: Frank Hibbard John Doran George N. Cretekos Paul Gibson Mayor Vice-Mayor Councilmember Councilmember Absent: Carlen Petersen Also present: William B. Horne II Pamela K. Akin Cynthia E. Goudeau Brenda Moses City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Ha . Re from First United Methodist Church offered the invocation. ayor led th Allegiance. To provide continuity for research, ite necessarily discussed in that order. 4. Presentations 4.1 $20,000 check to the nter. Month - October 2007. ural Gas Week - October 7 - 13 2007. lIence in Youth Sportsmanship Award is sponsored in part by The or Youth sports, Clearwater for Youth, the Clearwater Threshers, and Capogna's outs Restaurant. This year's winners were recognized: Tyler Borden of Clearwater Little League, Mark Christiansen of Clearwater Chargers Association, Eric Climes of Greenwood Panthers, Cali Dickman of Greenwave Girls Basketball, Shyaunna Donald of Blazin Ravenz, Gregory Fort of Suncoast Youth Foundation, Krystina Ganci of Countryside Jr. Cougars, Sherrod Golden of Clearwater Jr. Tornadoes, Zach Lain of Clearwater Aquatic Team, Riley E. Lester of Countryside Youth Soccer Association, Amanda McGinnis of Clearwater Council 2007-10-04 1tem # 2 Attachment number 1 Page 2 of 13 Bullets, Michael Nisbet of Clearwater Lacrosse, Elizabeth Pages of Lady Bombers, Nick Surratt of Countryside Little League, and Alyssa Allbritten of Team FLA. 5. Approval of Minutes 5.1 Approve the minutes of the September 20, 2007 City Council Meetinq, the Auqust 2 and Se tember 25 2007 Attorne Client Sessions as submitted in written summation the Cit Clerk. Councilmember Doran moved to approve the minutes of Se 2007 and September 25, 2007, meetings as submitted in written s The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Greq Pound (known as Stewart Israel) expressed concern r Pinellas County. Kathv Corey alleged Greg Pound was a victim Police Captain Holloway reported that in evidence needed to complete the investigation. 7 pproved entering into a 50-year Lease tees of the ernallmprovement Trust Fund of the State of wn as the Clearwater Armory located at 708 N. Missouri se Agreement, and as submitted in the Management Plan to ~rmory for the establishment and operation of an event support nicipal and recreational based programs as needed. o 1940 vintage steel and masonry buildings are in generally good condition, renovation needed in order to make the building functional as an events support facility. Currently the operations of the events section is spread out across the City in four different locations both in City-owned and leased facilities. In the City's original Penny II list $3.1 million of the funds were set aside for the construction of a Parks & Recreation infrastructure facility. This project has been abolished and replaced with the Armory renovation project. Council 2007-10-04 Jtem # 2 Attachment number 1 Page 3 of 13 This project was originally funded with $150,000 of Penny funds for design and preliminary costs in fiscal year 2005/2006, with an additional $400,000 being anticipated in fiscal year 2006/2007 for the actual renovations. The City received eight bids for this project and staff is recommending awarding the bid to Oakhurst Construction Company for $688,990, which was the lowest bid. Additional funds of $210,076.49 of Penny for Pinellas funds is the cost of construction. Funds will be transferred as a first quarter totaling $610,076.49 This contract is for the labor and materials to renovate the in building. Additional work will be done by staff to provide landscaping, sign, parking and minor repairs to the small out-building. presented for second reading and read by title only. o pass and adopt Ordinance 7852-07 on second and final y seconded and upon roll call, the vote was: , Cretekos, Gibson, and Hibbard. Absent: Petersen. 8.2 Adopt Ordinance 7853-07 on second readinq, amendinq the Zoninq Atlas of the city by rezoninq certain real property whose post office address is 1520 South Prospect Avenue, from Institutional (I) to Medium Density Residential (MOR). Council 2007-10-04 3tem # 2 Attachment number 1 Page 4 of 13 Ordinance 7853-07 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7853-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. 8.3 Ado t Ordinance 7856-07 on second readin annexin office address is 2949 Sunset Point Road into the cor boundary lines of the city to include said addition. Ordinance 7856-07 was presented for second reading and r Councilmember Gibson moved to pass and adopt Ordinance 7856-0 on s reading. The motion was duly seconded and upon roll call te was: "Ayes": Doran, Cretekos, Gibson, and Hib "Nays": None. Absent: Petersen. or second rea I read by title only. opt Ordinance 7857-07 on second and final on roll call, the vote was: Or ce 7858-07 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7858-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Council 2007-10-04 4tem # 2 Attachment number 1 Page 5 of 13 Absent: Petersen. 8.6 Adopt Ordinance 7859-07 on second readinq, annexinq certain real property whose post office address is 2951 Sunset Point Road into the corporate limits of the city and redefininq the boundary lines of the city to include said addition. Ordinance 7859-07 was presented for second reading and read by title 0 Councilmember Gibson moved to pass and adopt Ordinance 7859-07 on secon reading. The motion was duly seconded and upon roll call, the vote w "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. Ordinance 7860-07 was presented for s Councilmember Doran moved to pass and ado reading. The motion was duly seco nd u "Ayes": resented fo econd reading and read by title only. to pass and adopt Ordinance 7861-07 on second and final conded and upon roll call, the vote was: s, Gibson, and Hibbard. 8.9 Adopt Ordinance 7862-07 on second readinq, annexinq certain real property whose post office address is 2790 Morninqside Drive into the corporate limits of the city and redefininq the boundary lines of the city to include said addition. Council 2007-10-04 !Item # 2 Attachment number 1 Page 6 of 13 Ordinance 7862-07 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7862-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. Ordinance 7863-07 was presented for second reading and r Councilmember Doran moved to pass and adopt Ordinance 7863-07 n se reading. The motion was duly seconded and upon roll call te was: "Ayes": Doran, Cretekos, Gibson, and Hib "Nays": None. Absent: Petersen. d by title only. d adopt Ordina 64-07 on second and final upon roll call, the vote was: Ordinance 7868-07 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7868-07 on second and final reading. The motion was duly seconded. One person questioned if the Premium Stabilization Fund is included. Council 2007-10-04 6tem # 2 Attachment number 1 Page 7 of 13 Finance Director Margie Simmons said the Central Insurance Fund includes the former Premium Stabilization Fund. Upon roll call, the vote was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. Bud Ordinance 7869-07 was presented for second reading and r Councilmember Doran moved to pass and adopt Ordinance 7869-07 n se reading. The motion was duly seconded and upon roll call te was: "Ayes": Doran, Cretekos, Gibson, and Hib "Nays": None. Absent: Petersen. d by title only. d adopt Ordina 6-07 on second and final upon roll call, the vote was: City Manager Reports 9. rocess service for 9.2 Award a contract to State of Florida, Department of Manaqement Services, Tallahassee, Florida - Suncom lonq distance service, State AIN lines, Toll free lines, and ISDN lines durinq the period October 1, 2007 to September 30, 2008 at a cost not to exceed $207,300 and authorize the appropriate officials to execute same. (consent) Council 2007-10-04 1tem # 2 Attachment number 1 Page 8 of 13 9.3 Award a contract (purchase order) to Oracle USA Inc., Chicaqo, Illinois durinq the period October 1, 2007 throuqh September 2008 at a cost not to exceed $187,000 and authorize the appropriate officials to execute same. (consent) 9.4 Award a contract to Sprint/Nextel. Los Anqeles, California - Cellular/radio and Treo service durinq the period October 1, 2007 to September 30, 2008 at a cost not to exceed 214 160 under State Contract 12-00115 and authorize the a ro riate officials execute same. (consent) 9.5 9.12 Approve the transfer of $19,712.95 received from Clearwater Housinq Authority (CHA) for payment in lieu of taxes (PILOT Funds) to the Clearwater Homeless Intervention Proiect. Inc. (CHIP), and the allocation of $19,712.95 from the General Fund retained earninqs. (consent) 9.13 Approve the renewal of a contract with the Pinellas County Sheriff's Office, Larqo, Florida for latent finqerprint and crime scene services, includinq evidence and property storaqe, Council 2007-10-04 6tem # 2 Attachment number 1 Page 9 of 13 durinq the contract period October 1, 2007, throuqh September 30, 2008, at a cost of $516,565.75 and authorize the appropriate officials to execute same. (consent) 9.14 Approve acceptance of a FY 2007-08 Justice Assistance Grant - Countywide (JAG) in the amount of $32,225 from the Florida Department of Law Enforcement (FDLE) for a Red Liqht Runninq - In-Car Video Enhancement Proiect - Year 2. (consent) las J. Williams to the Munici al Code Enforcement Board with the term r 31 2010. (consent) Councilmember Gibson moved to approve the Consent Agenda as submitted, less Item 9.17, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 10. Other items on City Manager Reports Council 2007-10-04 9tem # 2 Attachment number 1 Page 10 of 13 10.1 Authorize a contract with Humana for health insurance under a fully insured fundinq arranqement for the contract period of January 1, 2008, to December 31, 2008, at a total cost estimate of $16.3 million which includes estimated City ($11.3 million), employee ($3.5 million), and retiree ($1.5 million) premiums. The contract with the City's current medical insurance provider, United Healthcare (UHC), expires on December 31,2007. Based on the renewal proposal from UH the City's Benefits Committee recommended bidding the contract for the 2008 plan ear. responses were received from four carriers: Blue Cross/Blue Shield, Cigna, Hu nd Healthcare. For fiscal year 2008, the City has budgeted the City's share of medical insurance coverage C abuse). The City's estimated share of actual e the current contract with UHC, nine months of months of mental health/substance cov beginning 1/1/07) is $11,476,078. ren etwe estimated to be $384,278, wil from reserves' above numbers assume tha ns are filled at typ ployee 0 loyee + 1, and ese co or coverage fo fiscal 9 budget. The award to Humana will result in a 3.6% overall increase entirety of which will be applied to employee contribution levels. Th City's existing plan structure consisting of "standard" and "buy-up" H along with their corresponding benefit levels, the premiums for which aforementioned 3.6%, and will include a new "basic" HMO plan opti levels for which the City will fund the employee-only tier at 100%, an will result in no increase to the City's contribution levels. of the current funding strategy for City ent 100% of the HMO "Basic" cost for Employee plus One, and 68% of the HMO "Basic" cost ective tiers in the HMO Standard, HMO Buy- illow reviewed history of relationship with the city. In response C offers health assessments and educational resources, a ta and develop solutions and resources for creating a long-term nurse hotline. Ms. Dillow said employees should be encouraged Inics instead of emergency rooms for some types of services. UHC rudent and appropriate. In r nse to questions, Kurt Gehring, Gehring Group, said 85% of healthcare premiums go to providers and 15% goes towards administration costs. He said claims experience drives increases in premiums. All bidders were provided claims experience data. The trend for increases in premiums for 2008 is in the 10% to 12% range. Humana representative John Barger said his firm manages healthcare well and provides education and wellness incentives to reduce costs, such as a 24-hour nurse hotline and online Council 2007-10-04 10tem # 2 Attachment number 1 Page 11 of 13 resource tools. He agreed with statements by the UHC rep that employees should be encouraged to use urgent care clinics instead of emergency rooms whenever possible to lower costs. Although his firm targets a 5% profit, Humana is willing to commit to keeping its profit margin at 1.8% for the City. He reviewed Humana's relationship with other local government entities. In response to questions, Mr. Barger said the City's proposed plan is an open access HMO that requires no referrals for specialists. Humana will work diligently to contract with physicians that fall out of the current network to ensure continuity of care and will ork with staff to include continuity of care in the City's contract. In addition to standard ogra umana is offering the City $100,000 for flu shots and wellness initiatives. Huma w ely the City's benefits team to offer guidance and solutions to lower he osts. provide the City with a list of physicians that contract with Humana Mr. Gehring said although Humana has offered to maintain t year, increased claims may result in increased premiums. It was remarked that this is the first time the recommendation and staff differs. Three bargaining unit representatives spoke keep UHC and share costs of increased premium Discussion ensued. It was noted that t and the Humana plan is equal to or han not be prudent to dismiss the lowe competitive bids. Concerns w increase. a for health insurance nuary 1, 2008, to of $16.3 millio , includes estimated City etiree ($1.5 million) premiums with City paying ing that dollar amount to the remaining three ied unanimously. a Bay Holding, LLC wishes to change certain conditions contained in Ordinance -07, which vacated three drainage and utility easements, one ingress/egress easement and a portion of Osceola Avenue right-of-way. Specifically the Applicant wishes to amend Section 2, Subsection (3) of Ordinance 7769-07, changed from: "FLD2006-05030 approved by the Community Development Board on Nov. 21, 2006" to "by City of Clearwater construction standards", and revising Section 3 to provide specific performance dates and provide for the reduction of the letter of credit under certain circumstances. Council 2007-10-04 11tem # 2 Attachment number 1 Page 12 of 13 Councilmember Cretekos moved to amend Ordinance 7769-07, which vacated three drainage and utility easements, one ingress/egress easement and a portion of Osceola Avenue right-of-way. The motion was duly seconded and carried unanimously. Ordinance 7883-07 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7883-07 on first reading. The motion was duly seconded and upon roll call was: "Ayes": Doran, Cretekos, Gibson, and Hibbard. "Nays": None. Absent: Petersen. 12. City Manager Verbal Reports 12.1 Follow u Moore complex. See Citizens to be Heard. 13. Council Discussion Items 13.1 nager and City Attorney will provide sample forms and on events i hich they recently participated and reviewed ed to all work together to help lower healthcare costs. as pleased with Beach Walk progress; encouraged all to tion on Friday; suggested making healthcare one of the City Ing year. r Cretekos was pleased the City is honoring youth for sports activities; ighter Scott McGrail for winning firefighter swimming Olympics in Orlando; commende e Sand Key Civic Association for their $6,000 contribution to the Sailing Center; congratulated the USF Bulls for Top Ten ranking. Councilmember Doran thanked Project Homeless Connect volunteers and local agency participants; encouraged all to help RCS restock its food pantry shelves; recognized Sandy Britton for Miss Clearwater Beach title; congratulated the Phillies for winning the National League East Division Championship. Council 2007-10-04 Utem # 2 Attachment number 1 Page 13 of 13 Mavor Hibbard thanked CareFest participants; it is a great time to live in Clearwater- encouraged all to attend the Make a Difference Fishing Tournament and Clearwater Jazz Holiday. 15. Adjourn The meeting adjourned at 8:53 p.m. Mayor, City of Attest: City Clerk Council 2007-10-04 13tem # 2 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Declare as surplus and convey to Florida Power Corporation d/b/a Progress Energy Florida, Inc., a perpetual blanket Distribution Easement over and across a portion of City-owned Chi Chi Rodriguez Youth Foundation Lease lands lying within the West V2 of the Southwest 1;.4 of Section 21, Township 28 South, Range 16 East, in consideration of the mutual benefits, covenants and conditions contained in said easement documentation. SUMMARY: The City leases lands to the Chi Chi Youth Foundation ("Foundation") for the purposes of operating environmental/vocational, educational and rehabilitative programs for young people, along with operating a public golf course and driving range that provide opportunity for the young people to meet and socialize with members of the community at large. Since its inception, the Foundation has partnered with the Pinellas County School Board to provide alternative programming and a middle school at the golf course for its young people. The School Board recently expanded school facilities with installation of additional portable classrom space to house a greater number of students. Conveyance of the subject easement documents Progress Energy's authority lying 5- feet either side of all its facilities to install, operate and maintain such facilities for the distribution of electric energy and communications services wherever installed, or as may be installed and relocated within the easement area in the future. Review Approval: 1) Clerk Cover Memo Item # 3 . . - !( . er 1 riililllitI1~\~~ili~~f'1~l~~i~1\)~l~t?,~1~!tt$j~f~ ~~ _~: 5j~ ",~r~~:;<::..~~ ~~~~.i.: .:.~ ~;;~. ~;~:~~.;: ~ .~: ~.'~~_'~~~~~~~_~~;~ ::~\'J/I:f.. ~~ !.'..::r'~ .f)~~/ - - -- .. -- --.s!i . !( . ~lt~11Itltlii~Ji~ltl~I~:~~I~~~\~Ji~r_~1 :;~~)~-.~ . ..~_~I:J/ ~.~~~~.ti~~:=.~~: )~.' S{ .:~;)~~./..~'. ~~:f.~}':~ ~ ::..:~~ ~;r?~~;~}00/(~:;{).:~ - .:J;~:%0i0).~[~.(<j~~~~ll;..>~ I- ~~:.:~:~/ ~/..:~? ~:_h~} ;~~,:.;. ~.(/.<. .;i ..~~ ~Yi..~:,:~~. ~ .!l 2~~.;.~~~~:~;:../t:;:.~\~ .:..~~~ :~(/i{1>}.7\;~1~ ;..<;:~ ~<~. ~i ~~f;.~'.Y3 .).~~~.~~\\~;T~ '.. . . . ~ I I8=rB9l 15= iI'tI - ~- -d . . rt!?~.~~~~~~~.~~. ;t:\~..:;!jtlj>} ~ZE5~:.~ . II.. " .. .. . . . . . . .. . ~ Attachment number 1 Pa e 3 of 3 !l . .. . . .-.. y. . - . . III -- . !Iil . ml Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District consisting of a portion of 2965 Sunset Point Road (consisting of a portion of metes and bounds 14/153 in Section 5, Township 29 South, Range 16 East); and Pass Ordinances 7877-07, 7878-07, and 7879-07 on first reading. (ANX2007 -08020) SUMMARY: This voluntary annexation petition involves a 0.1 O-acre property consisting of a portion of one parcel of land which is occupied by a single-family dwelling. It is located on the south side of Sunset Point Road, approximately 325 feet west of the intersection of Sunset Point Road and Abbey Lake Road. The subject parcel is currently under County jurisdiction. The applicants are requesting this annexation in order to consolidate all of their property into one parcel under City jurisdiction. The property is located within an enclave. 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 Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E and Pinellas County Ordinance No. 00-63 as follows: . The subject property is served by City of Clearwater sanitary sewer service and water. Collection of solid waste is already provided by the City. The property is located within Police District III and service will be administered through the station located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #50 located at 2681 Countryside Boulevard. 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 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Development Code. . The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District as it is part of a larger parcel adjacent to the east. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and . The property proposed for annexation is located within an enclave, is contiguous, and is within the City's urban service area; therefore the annexation is consistent with Section 6( 1 )(b) of Pinellas County Ordinance 00-63 which governs annexation and meets the applicable requirements of Florida Statutes 171. The Pinellas Planning Council (PPC) staff has reviewed this annexation and no objections were raised. Review Approval: 1) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 7 Location Map Owner Allen & Ann McMullen Case: ANX2007-08020 Site: 2965 Sunset Point Road Property Size 0.10 (Acres): Land Use Zoning PIN: 05-29-16-00000-140-1530 From: RL(County) R-2 (County) To: RL(City) LMDR (City) Atlas Page: 255B Item # 4 Attachment number 1 Page 2 of 7 Aerial Photo Owner Allen & Ann McMullen Case: ANX2007-08020 Site: 2965 Sunset Point Road Property Size 0.10 (Acres): Land Use Zoning PIN: 05-29-16-00000-140-1530 From: RL(County) R-2 (County) To: RL(City) LMDR (City) Atlas Page: 255B Item # 4 ~3199 ~/..o, 4 L-"_~' ~l\ ) '1948 ~~:::\:~..~~.~ :'1.':.:..": ~..:.,. i=,:,:::',:...~.:;:-.;;:.~ :::\.,..:~,;:.:..;:,;~:&:: -...-... .~~..:,~..~.~. .~";,,:,,...:i,!"'.-':.;;,',,,, '-.'~",:;:':;'::.'':;;'....'~.:-; ;.:,.'-:.,,:~,,,...:....~...,:. r;::;......=~ ..~-.. .~:~ :,...=~ ~....-: .-:. J?" 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Future Land Use Map Owner Allen & Ann McMullen Case: Site: Property Size (Acres): 2965 Sunset Point Road Land Use Zoning PIN: 05-29-16-00000-140-1530 From: RL(County) R-2 (County) To: RL(City) Atlas Page: LMDR (City) 40 30 Cl Q:: UJ <:( ,.j >- UJ tQ ~ 83 <S" RLf'g Attachment number 1 Page 4 of 7 .-A. - r0IT~ g 30 ~ ~ ~ .~~'~ ~ -; I'\. " _ - - 84 85 86 a <'l ~ o PRESTIGE DR "'""" '"'' '"'' '"'' RJ~ 40 30 ~ ~) 1882 36 35 34 33 32 RtJ 31 1852 30 82 81 107~ 1870 1864 1846 ~ a <'l '" " a <'l 80 c--- 79 37 ~ 38 i'l " ~ '" a ~ <'ll~ OAK FOF. RII 00 ~~ 00 1000 1877 41 59 :3:: '" Cl !':: UJ Q:: o .~ lc: ~ 42 50 1R71 1865 ~E PU TFd'~ 1859 56 Rl:J. , . .. - 45 55 1R.o." - 46 . ;O.A~. J" '~ ANX2007-08020 0.10 255B Item # 4 Attachment number 1 Page 5 of 7 ~~:.:.~:~~~.~ :'1.':.:.''': ~..:". i=,:,:::',:...~.:;:-.;;:.~ :;:;";~?::?:,~~~~~.~ ~3199 ~o, 4 .~~; "",. .,,!", ;1m~ 'i! ".,:;': ;1'''~il r--.. ~ocr- r;{;:::."-i ~..";..... . .tf.,f.,:...... ';:-'\'1. "'-;:...-: :.-.,.......... ..-;...=.-:.?i~~. 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"C'\I. 32 .1858 . ..... . ... .. :~~:.~~~~r-::f~t.~g~~~~.~~:i.~f~':~'~~:~~~~~: ~.... .'~.""':.:.."!-.: .r.... .~ .n.V ";.... .. :i!~~:";"'I~~~.-';:;';l.'):.!," l.i~:.:":1i:i:;::~t;':.1fL'i,:,:~ffi:;:::~;~.1f;.$=;"U:: I!~ .,:7:.::s~~~~~,~~:{?f:\~~:~~~.:~:.:-%-: ~:f> .:.~::..:t-:.~':f'~.~>;:.~:'''$-;;.,: f>.~ .. b 1~.;o.~ .~.. .........:..,~\".;:;:::.,....~.,.~ ~....~.:.. .~...:~<""~. ....~.J'... ..~..:~-=-:...,p;...~ ....:~-=--. ."i.... ......'\\~..,...........R"'1..M.-i....~ :;~~.:~~~~),;.:~.~~i:;:ff:l;:ifo~.~.~:;:ff~~f" 1862 '0 1Rt;t: ........... 1857 ~r'~' ~~ .. ~~~~~.. w 31 1852 . . .16 30. 3 4 Existing Land Use Map Owner Allen & Ann McMullen Case: ANX2007-08020 Site: 2965 Sunset Point Road Property Size (Acres): 0.10 Land Use Zoning PIN: 05-29-16-00000-140-1530 From RL(County) R-2 (County) To: RL(City) LMDR (City) Atlas Page: 255B Item # 4 View looking east along Sunset Point Road, at subject property View looking east along Sunset Point Road Attachment number 1 Page 7 of 7 View looking west along Sunset Point Road, at subject property View looking west along Sunset Point Road ANX2007 -08020 Allen M. and Ann R. McMullen 2965 Sunset Point Road Item # 4 Attachment number 2 Page 1 of 2 ORDINANCE NO. 7878-07 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 ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 325 FEET WEST OF ABBEY LAKE ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 14/153 IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2965 SUNSET POINT ROAD, 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 Legal description attached. (ANX2007 -08020) Land Use Cateqorv Residential Low (RL) 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. 7877-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 4 Ordinance No. 7878-07 Commence at the southeast corner of the NE % of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida; thence run N 89041'19" W, along the East-West center line of said Section 5, 150.00 feet to the P.O. B.; thence continue N 89041'19" W, 195.00 feet; thence N 00002'35" E, 250.53 feet to the south right-of-way line of State Road No. 588; thence S 89036'37" E along said south right-of-way line, 195.00 feet; thence S 00002'35" W, 250.29 feet to the P.O.B. Ordinance No. 7878-07 Attachment number 2 Page 2 of 2 Item # 4 Attachment number 3 Page 1 of 3 ORDINANCE NO. 7877-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 325 FEET WEST OF ABBEY LAKE ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 14/153 IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2965 SUNSET POINT ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Legal description attached. (ANX2007 -08020) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING Item # 4 Ordinance No. 7877-07 Attachment number 3 Page 2 of 3 PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 4 2 Ordinance No. 7877-07 Attachment number 3 Page 3 of 3 Commence at the southeast corner of the NE % of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida; thence run N 89041 '19" W, along the East-West center line of said Section 5,150.00 feet to the P.O. B.; thence continue N 89041'19" W, 195.00 feet; thence N 00002'35" E, 250.53 feet to the south right-of-way line of State Road No. 588; thence S 89036'37" E along said south right-of-way line, 195.00 feet; thence S 00002'35" W, 250.29 feet to the P.O.B. Item # 4 3 Ordinance No. 7877-07 Attachment number 4 Page 1 of 2 ORDINANCE NO. 7879-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 325 FEET WEST OF ABBEY LAKE ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 14/153 IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2965 SUNSET POINT ROAD, 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 Legal description attached. (ANX2007 -08020) Zoninq District Low Medium Density Residential (LMDR) 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. 7877-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 4 Ordinance No. 7879-07 Attachment number 4 Page 2 of 2 Commence at the southeast corner of the NE % of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida; thence run N 89041 '19" W, along the East-West center line of said Section 5,150.00 feet to the P.O. B.; thence continue N 89041'19" W, 195.00 feet; thence N 00002'35" E, 250.53 feet to the south right-of-way line of State Road No. 588; thence S 89036'37" E along said south right-of-way line, 195.00 feet; thence S 00002'35" W, 250.29 feet to the P.O.B. Item # 4 Ordinance No. 7879-07 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 3151 Johns Parkway (Lots 11 and 12, Johns Parkway Subdivision in Section 16, Township 29 South, Range 16 East); and Pass Ordinances 7880-07, 7881-07 and 7882-07 on first reading. (ANX2007- 08021) SUMMARY: This voluntary annexation petition involves a 0.447 -acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Johns Parkway, approximately 140 feet west of Bayshore Boulevard. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning Department is requesting that the 0.075-acres of abutting Johns Parkway right-of-way not currently within the City limits also be annexed. The property is an enclave and is contiguous to existing City boundaries to the north, south, east and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E and Pinellas County Ordinance 00-63 as follows: . The closest sanitary sewer line is located in the adjacent Johns Parkway right-of-way and a previous owner has paid the City's sewer impact and assessment fees and extended 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 III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with 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 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Development Code. . The proposed RU Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and . The property proposed for annexation is an enclave, is contiguous to existing municipal boundaries and is within the City's urban service area; therefore the annexation is consistent with Section 6(1)(b) of Pinellas County Ordinance 00-63 which governs annexation and meets the applicable requirements of Florida Statutes 171. The Pinellas Planning Council (PPC) staff has reviewed this annexation and no objections were raised. Cover Memo Item # 5 Review Approval: 1) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 7 BOODEAUX lA ~ I~ V 0( CI-IIIJ..D..EE lA :i/. 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Location Map Owner Givens, David Site: 3151 Johns Parkway Land Use From: RU (County) To: RU (City) Case: ANX2007 -08021 Property Size (Acres): 0.447 Size R-Q-W (Acres): .075 Zoning PIN: 16-29-16-44172-000-0110 R-4 (County) LMDR (City) Atlas Page: 292A S:\Planning Department\C D B\Annexations\ANX - 2007\ANX2007-08021 - 3151 Johns Parkway - Givens\Maps\LOCATloNltElilll # 5 Attachment number 1 Page 2 of 7 Aerial Photograph Owner Givens, David Site: 3151 Johns Parkway Land Use From: RU (County) To: RU (City) Case: ANX2007 -08021 Property Size (Acres): 0.447 Size R-Q-W (Acres): .075 Zoning PIN: 16-29-16-44172-000-0110 R-4 (County) LMDR (City) Atlas Page: 292A S:\Planning Department\C D B\Annexations\ANX - 2007\ANX2007-08021 - 3151 Johns Parkway - Givens\Maps\AERIAL2.ltem # 5 30 7~ 29 18 28 1~ 27 1, 26 17 25 1n 24 8 23 6 /~/~~~~~~~1~1J~~- t 'l'::';789012~f4 ~-' ,-//0:_____~ ~Q)~) Ir-----, O~ 04902 * r, ~ , I L-_---1 \ ~/ m I r 2~ I 56 30 293 I 57 32 3t. 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L Proposed Annexation Map Owner Givens, David Site: 3151 Johns Parkway Land Use Zoning From: RU (County) R-4 (County) To: RU (City) LMDR (City) Case: ANX2007 -08021 Property Size (Acres): 0.447 Size R-Q-W (Acres): .075 PIN: 16-29-16-44172-000-0110 Atlas Page: 292A S:\Planning Department\C D B\Annexations\ANX - 2007\ANX2007-08021 - 3151 Johns Parkway - Givens\Maps\PROPOSEDLtElilll # 5 Attachment number 1 Page 4 of 7 ."::.. :.,.,] g :..:.=.:.- "::" .. 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IN G S T Future Land Use Map Owner Givens, David Case: Property Size (Acres): Site: 3151 Johns Parkway Size R-Q-W (Acres): Land Use Zoning PIN: 16-29-16-44172-000-0110 From RU (County) R-4 (County) To: RU (City) Atlas Page: LMDR (City) " ANX2007 -08021 0.447 .075 292A S:\Planning Department\C D B\Annexations\ANX - 2007\ANX2007-08021 - 3151 Johns Parkway - Givens\Maps\FUTURE LAND USE3.doc Item # 5 rP~ ~ ~~ !~. uJ? M as ...".....____ ""'- ~ 10 0) ::... MACDONALl p~ ~1'0 ~ \l~. < :;,. ...;... , ~ ~ ~ ~ 0) ~ ~ ~ ('\,j ('\,j ('\,j <") <") <") 3~ ~V 42 44 .. .. -. ~ 10 10 10 " ~ ,. a a 0) 10 : .. .. .. , 0) 0) 0) .- .. .. .. ..- .. .. .. . .. .. : ... ... 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VI t H.:~: Llll(lJR .:.1J VI'" 10 0) 0) 0) Zoning Map Owner Givens, David Property Size (Acres): Site: 3151 Johns Parkway Size R-Q-W (Acres): Land Use Zoning From RU (County) R-4 (County) To: RU (City) Atlas Page: LMDR (City) 1'21~ ~ I 0) 0) 0) ~o; 0)0) Case: ANX2007 -08021 0.447 .075 PIN: 16-29-16-44172-000-0110 292A S:\Planning Department\C D B\Annexations\ANX - 2007\ANX2007-08021 - 3151 Johns Parkway - Givens\Maps\ZONING3Uam # 5 -"'.... ~ CO') 0) C\I CO')...... .r ~ rt ~ ~ ~ ~ 7:~W~ 108 CO') t"')2 521 . CO') ""'" . 24 . 1~ ~ I~ !n~,~~ amIl~ ~su g .... ~ '" ... ~ '" 19 18 17 : 11 I I I E) Place of Worship 8 '~ ~ ~ ~ ~ ~ ~ ~ ~ (; 3135 I~ 1 I~ b _ -.J l ",;, '" r '" '" : : j I 3138 II '11nBL R 1\ ---= "''''........ t~ ~1 IB ~ ~ ~ ~ ~ 31~ I ;; I 5 C : 9 10 11 12 13 14 15 16 :lJ 31215 R E) 109 / r- /- L:3~ ---, ---1 123 I- U~ 1J13 CI) .109 al lal8 ~~ 5 ~ -:-1 ~1'in '- 60 105 7 2 1 3 ~- -- ----, ,t 35455:::> ---.J - ~ r;r 100 :: ;; ~ t:; ~ ;; R ~ ~3:84:6 28 1E. 31 2 3 5 6 4047 27 14. 4248 26 l' 4449 25 ." 9 4650 24 8 23 ;/~~~~~~~~I~~~J ~0 ~~ ; 7 89 01 n ~ ~J. / /' CD : _ _ _ _ _ ~ J_ C9~ ) r- M ~lt F . T1.;-;- .. ~90 urn amI Ii ~.es ' - r - - ~ 2ll \ J"'" I 56 30 21#3 I 57 32 ;114 I 58 34 335 I 59 36 356 60 38 31,7 I 61 4() 39s 5.69 AclC) EMbbile Home Park I I I I I I t::.'~~~I~Eli.~]Wt~S(:: '~4~:~ ..::-i;i;.....:.:.:...:..::.::: ...~..:....-..:.I::fT0%f:::~...:.t!.-: '" :..:\.:/;::~:... 'if.:,;.:":.:>;,:::.:.:i-:::..:.:..:.:.:".::::..:.<~-. 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"'''' '" '" "'''' '" '" " I I Existing Surrounding Uses Map Owner Givens, David Site: 3151 Johns Parkway Land Use Zoning From RU (County) R-4 (County) To: RU (City) LMDR (City) Case: Property Size (Acres): Size R-Q-W (Acres): 39 Attachment number 1 Page 6 of 7 fil ~ I~ ~~..;;. 0.447 .075 \ 'if Q :::. ...,J III LlJ a:: Q :t: ~ <::( III 1- GOVT L ANX2007 -08021 292A PIN: 16-29-16-44172-000-0110 S:\Planning Department\C D B\Annexations\ANX - 2007\ANX2007-08021 - 3151 Johns Parkway - Givens\Maps\EXISTING!tem # 5 Atlas Page: View looking at 3151 Johns Parkway West of3151 Johns Parkway View west along Johns Parkway ANX2007 -08021 David Givens 3151 Johns Parkway Attachment number 1 Page 7 of 7 View looking east along Johns Parkway North of3151 Johns Parkway View looking northeast of3151 Johns Parkway Item # 5 Attachment number 2 Page 1 of 2 ORDINANCE NO. 7880-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF JOHNS PARKWAY APPROXIMATELY 140 FEET WEST OF BA YSHORE BOULEVARD, CONSISTING OF LOTS 11 AND 12, JOHNS PARKWAY SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3151 JOHNS PARKWAY, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF JOHNS PARKWAY, 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: Lots 11 and 12, Johns Parkway Subdivision, according to the plat thereof as recorded in Plat Book 29, Page 41, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Johns Parkway (ANX2007 -08021 ) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Item # 5 Ordinance No. 7880-07 Attachment number 2 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 5 2 Ordinance No. 7880-07 Attachment number 3 Page 1 of 2 ORDINANCE NO. 7881-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF JOHNS PARKWAY APPROXIMATELY 140 FEET WEST OF BAYSHORE BOULEVARD, CONSISTING OF LOTS 11 AND 12, JOHNS PARKWAY SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3151 JOHNS PARKWAY, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF JOHNS PARKWAY, 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 Cateqorv Lots 11 and 12, Johns Parkway Subdivision, Residential Urban (RU) according to the plat thereof as recorded in Plat Book 29, Page 41, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Johns Parkway (ANX2007 -08021 ) 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. 7880-07. PASSED ON FIRST READING Item # 5 Ordinance No. 7881-07 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7881-07 Attachment number 3 Page 2 of 2 Item # 5 Attachment number 4 Page 1 of 2 ORDINANCE NO. 7882-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF JOHNS PARKWAY APPROXIMATELY 140 FEET WEST OF BA YSHORE BOULEVARD, CONSISTING OF LOTS 11 AND 12, JOHNS PARKWAY SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3151 JOHNS PARKWAY, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF JOHNS PARKWAY, 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 Lots 11 and 12, Johns Parkway Subdivision, according to the plat thereof as recorded in Plat Book 29, Page 41, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Johns Parkway (ANX2007 -08021 ) Zoninq District Low Medium Density Residential (LMDR) 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. 7880-07. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 5 Ordinance No. 7882-07 Attachment number 4 Page 2 of 2 Item # 5 Ordinance No. 7882-07 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an amended Development Agreement between Triangle Old Bay Holdings, LLC, (the property owner) and the City of Clearwater (previously DV A 2006-00001 approved by City Council on February 15, 2007) to modify the effective date of the agreement, and the provisions of the phasing schedule, as well as add language pertaining to a proposed site plan modification (FLD2007-07025), and adopt resolution 07-21. SUMMARY: The subject property is 5. 18acres (including 0.2 acres located within the Preservation (P) Future Land Use Plan category that does not generate density). It is generally located on the west side of North Fort Harrison Avenue and bounded by Jones Street to the south, Georgia Street to the north and Clearwater Harbor to the west. On September 18,2007, the Community Development Board approved a Flexible Development application (FLD2007-07025) to amend the previously approved FLD2006-05030 (CDB approved on November 21,2006) for the construction of a mixed-use development consisting of 358 attached dwellings (84.43 units/acre) and 13,235 square feet of non-residential floor area (0.5 FA.R.). With this approval the CDB approved the use of 109 attached dwellings and 13,235 square feet of non-residential floor area from the Public Amenities Incentive Pool of the Clearwater Downtown Redevelopment Plan in exchange for substantial contributions to the Master Streetscaping and Wayfinding Plan along North Fort Harrison Avenue, Osceola Avenue, Jones Street and Georgia Street as well as the their intersections (valued at approximately $3 million). Further, the development itself is a mixed-use project that will further the Plan's major redevelopment goals and character district vision. The proposed Development Agreement will amend the previously approved Development Agreement as follows: . Amends Section 6.1.3.1 to modify the number of dwelling units being constructed and pulled from the Public Amenities Incentive Pool in each of the three phases; . Amends Section 6.1.3.1 to add a new paragraph stating that if the Developer sells combined units in any of the three towers, thereby reducing the unit count in the towers, the Developer would not lose entitlements to those units, but would instead be able to use those units in Harrison Village, subject to a revision to the approved Flexible Development application; . Amends Section 6.1.3.2 by correctly stating that the building height to the highest point of the finished flat roof surface of the two buildings comprising Harrison Village shall not exceed 48 feet above the mean site elevation for the Harrison Village site; . Amends Section 6.1.3.7 to modify the timeline for the implementation of streetscape improvements along the west side of Osceola Avenue; . Adds Section 6.1.6 [first paragraph], which clarifies the construction of the parking garage across the project phasing and provides language identifying that sufficient parking will be provided to meet parking requirements for each phase of the development; . Adds Section 6.1.6 [second paragraph], which provides language stating that if a construction hiatus of more than 60 days occurs, the developer shall install and maintain landscaping improvements and limited temporary architectural far;ade improvements across the northern face of the parking structure which obscures at least 75% of the view of vehicles and the interior of the parking structure from street level; and that in the event the subsequent phase does not start on schedule as per Exhibit "E", then developer shall fully finish the far;ade of the northern face of the parking structure. . Deletes Section 6.2.2, which referenced the consideration of a right-of-way vacation that has now already occurred; . Adds Section 14, which states that the previous Exhibits "B", "C", "D", "D-1", "D-2", "D-3", "E", "E-1", "E-2", "E- 3", and "H" have been replaced with new Exhibits of the same names and purposes. 1t is noted that Exhibit "E", which is the Phasing Schedule had been modified to provide for a new commencement date of December 31, 2008 and a new completion date of December 31,2016; . Adds Section 25, which states that in the event the City Council approves a proposed amendment to the existing ordinance (Ordinance No. 7769-07) vacating a portion of the existing Osceola Avenue between Jones Street and GeoC~W~~~6' the Developer shall have the option of temporarily finishing Osceola A venue to the standards specified in said ordinance amendment prior to Phase 1. Once the Developer has completed Osceola Avenue to these standards and hft~~15 work accepted as complete by the City, the City would release Developer's Letter of Credit posted in compliance 'WHh the ordinance; and . Adds Section 26, which provides language pertaining to the provision of public art in compliance with the City's Public Art Ordinance and in keeping with the project phasing. The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of downtown redevelopment set forth in the Clearwater Downtown Redevelopment Plan. Please refer to the staff report (DV A2007 -00003) for the complete staff analysis. The Community Development Board reviewed this Development Agreement at its public hearing on September 18, 2007, and unanimously recommended approval. Review Approval: 1) Clerk Cover Memo Item # 6 DESCRIPTION PARCEL ONE: A PORTION OF LOTS 1, 2 AND 3. OF A.B. & JENNIE CATES SUBDIVISION, AS RECORDED IN PLAT BOOK 1 PAGf OF PINELLAS COUNTY, FlORIDA AND A PORTION OF GOVERNMENT LOT 4 IN SECTION 9, TOWNSHIP 29 SOUTH, OF LOTS A AND B OF BERGENS REPLAT. AS RECORDED IN PLAT BOOK 26. PAGE 41 OF THE PUBLIC RECORDS AND A PORTION OF A VACATED ALLEY PER O.R. BOOK 7546, PAGE 607 OF THE PUBLIC RECORDS OF PINELL.A MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID LOT 1 OF JENNIE CATES SUBDIVISION, ALSO BEING THE INTERSEC RIGHT-OF-WAY LINE OF GEORGIA STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISOf\ WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISON AVENUE S.00'16'19"E., 530.62 FEET; THENCE ALON RIGHT-OF-WAY LINE OF JONES STREET, S.89'S9'22"W., 100.00 FEET; THENCE ALONG A LINE 100.00 FEET WES WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISON AVENUE N.00'16'19"W., 528.34 FEET; THENCE ALOf\ RIGHT-OF-WAY LINE OF GEORGIA STREET N.88'40'45"E., 100.02 FEET TO THE POINT OF BEGINNING. CONTAINING 1.215 ACRES, MORE OR LESS. PARCEL TWO PROPOSED OSCEOLA AVENUE A PORTION OF LOTS 1, 2 , 3, 4, 5, 6 AND 7 OF A.B. & JENNIE CATES SUBDIVISION, AS RECORDED IN PLAT! RECORDS OF PINELLAS COUNTY, FLORIDA AND THE VACATED ALLEYS PER O.R. BOOK 7270, PAGE 1731, PUBLlI FLORIDA AND A PORTION OF GOVERNMENT LOT 4 IN SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST AND A BERGENS REPLA T, AS RECORDED IN PLAT BOOK 26, PAGE 41 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, VACA TED ALLEY PER O.R. BOOK 7546, PAGE 607 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, A 2 OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR AS RECORDED IN PLAT BOOK 1 HILLSBOROUGH COUNTY OF WHICH PINELLAS COUNTY WAS FORMERLY A PART, ALL BEING MORE PARTICULARLY COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1 OF JENNIE CATES SUBDIVISION, ALSO BEING THE INTEl RIGHT-OF-WAY LINE Of GEORGIA STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF NORTH fORT HARRISON SOUTHERL Y RIGHT-Of-WAY LINE Of GEORGIA STREET S.88'40'45"W., 100.02 FEET TO THE POINT OF BEGINNINC FEET, ALONG A LINE 100.00 fEET WEST Of AND PARALLEL WITH THE WESTERLY RIGHT-Of-WAY LINE Of NORl THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF JONES STREET, S.89'59'22"W., 50.00 FEET; THENCE r THENCE ALONG SAID SOUTHERLY RIGHT-Of-WAY LINE Of GEORGIA STREET, N.88'40'45"E., 50.01 FEET TO THE CONTAINING 0.606 ACRES, MORE OR LESS. PARCEL F'OUR A PORTION Of LOTS 4, 5, 6 AND 7 AND ALL OF LOTS 8, 9, 10 AND 11 Of A.B. & JENNIE CATES SUBDIVISlm PAGE 64 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION Of GOVERNMENT LOT 4 IN SOUTH, RANGE 15 EAST AND A PORTION OF A VACATED ALLEY PER O.R. BOOK 7546, PAGE 607 OF THE PUBi COUNTY, FLORIDA, AND A PORTION OF LOTS 2 AND .3 BLOCK 2 OF JONES SUBDIVISION OF NICHOLSON'S ADOIT RECORDED IN PLAT BOOK 1 PG.13, PUBLIC RECORDS OF HILLSBOROUGH COUNTY OF WHICH PINELLAS COUNTY ! PORTION OF THE EXISTING RIGHT-Of-WAY Of OSCEOLA AVENUE NORTH AND A PART OF SECTION 9, TOVv'NSHII AND LOT A AND B OF CLOVIS C. LUTZ SUBDIVISION AS RECORDED IN PLAT BOOK 35, PAGE 76 OF THE PUBLll COUNTY, FLORIDA AND A VACATED ALLEY LYING NORTH OF LOT A OF SAID CLOVIS C. LUTZ SUBDIVISION, ALL DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER Of SAID LOT 1 OF JENNIE CATES SUBDIVISION, ALSO BEING THE INTEF RIGHT-OF -WA Y LINE OF GEORGIA STREET AND THE WESTERLY RIGHT -OF - WA Y LINE OF NORTH FORT HARRISON SOUTHERL Y RIGHT-Of-WAY LINE Of GEORGIA STREET S.88'40'45"W., 150.03 FEET TO THE POINT OF BEGINNING FEET; THENCE N.89'44'lS"W., 225.07 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE Of SAID OSCE S.OO'50'40"W., 27.97 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY Of LOT B OF SAID CLOVIS C. LUTZ SU THREE COURSES: 1 - S.89'S9'22"W., 167.07 FEET; 2 - THENCE N.OO'OS'39"W., 13.65 FEET; 3 - THENCE S.89 ALONG THE MEAN HIGH WATER LINE Of CLEARWATER HARBOR BY THE FOLLOWING NINE COURSES: 1 - N.13'38 N.OO'18'33"W., 28.67 FEET; 3- THENCE N.12'16'56"E., 48.67 FEET; 4 - THENCE N.19'07'43"E., 51.75 fEET; 5 FEET; 6 - THENCE N.29'15'19"E., 47.35 FEET; 7 - THENCE N.25'24'43"E., 43.69 FEET; 8 - THENCE N.14'26'l N.Ol'54'53"W., 40.02 fEET; THENCE ALONG THE SOUTHERLY RIGHT-Of-WAY LINE OF SAID GEORGIA STREET, N. THE POINT OF BEGINNING. TOGETHER WITH: TOGETHER WITH ALL LANDS AND SUBMERGED LANDS LYING BETWEEN AND BOUNDED BY WESTERLY EXTENSIONS Attachment number 2 Page 1 of 1 Item # 6 CIt Item # 6 Attachment number 4 Page 1 of 1 Item # 6 Attachment number 5 Page 1 of 1 Item # 6 Attachment number 6 Page 1 of 1 Item # 6 EXHIBIT D - Phasing Plan GEORGlAST 40'RMI Attachment number 8 Page 1 of 1 Item # 6 Attachment number 9 Page 1 of 1 Item # 6 Attachment number 10 Page 1 of 1 Item # 6 UJ +-' ..c .- ..c >< UJ c:: W :::c I- o z o i= a. D:: Wu a.(/) <(W uo (/)0 I-z ~<( c:: l- (/) W ...J ::::l o W :::c u (/) C) z (/) <( :::c a. Cllll r::: Q.l .- 0 ..II: III :u a. a.(/) ~ + 1ll"'C a.Q.l- (/)::::00 0 ='E~ III ... - Q.l ~a. 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EI) o o o o o o C") EI) I.() C") N C") + o 0> o + 0> "<t N ...J ~ o I- Q) :n III I- 0) c .w III ..c: 0... Qj Cl ::2: c 0... .!!! l!)~ 0, N't"""" 0> 1'-1'- o~ iDOl ~CXJ ~~ B ~ B ~ ~ ~ ~ 8 irpartmrttt of ~tut r Attachment number 12 Page 2 of 9 (((H060001991523))) CERTIFICATE OF MERGER OF GEORGIA STREET PROPERTIES, LLC (a Florida limited liability company) and ISLAND VIEW PROPERTIES, LLC (a Florida limited liability company) and TRIANGLE S.A. LAND, LLC (a Florida limited liability company) and HARRISON VILLAGE PROPERTIES, LLC (a Florida limited liability company) with and into ,y TRIANGLE OLD BAY HOLDINGS, LLC (a Florida limited liability company) Pursuant to Sections 608.4382 of the Florida Limited Liability Company Act Pursuant to Section 608.4382 of the Florida Limited Liability Company Act, this Certificate of Merger provides as follows: ARTICLE I State of Organization~ Surviving Company 1.1 The name and state of organization of each of the constituent companies of the merger is as follows: Name Georgia Street Properties, LLC Island View Properties, LLC Triangle S .A. Land, LLC Harrison Village Properties, LLC Triangle Old Bay Holdings, LLC State of Organization Florida Florida Florida Florida Florida 1.2 Triangle Old Bay Holdings, LLC, a Florida limited liability company, shall be the surviving entity. (( (H06000 1991~rn )~6 Attachment number 12 Page 3 of 9 (((H060001991523))) ARTICLE II Agreement and Plan of Merger The Agreement and Plan of Merger providing for the merger of the above entities is attached hereto as Exhibit A. ARTICLE III Approval of the Plan 3.1 In accordance with Florida Law and the operating agreement of Georgia Street Properties, LLC, the sole member of Georgia Street Properties, LLC approved and adopted the Agreement and Plan of Merger on August 8, 2006. 3.2 In accordance with Florida Law and the operating agreement of Island View Properties, LLC, the sole member of Island View Properties, LLC approved and adopted the Agreement and Plan of Merger on August 8, 2006. 3.3 In accordance with Florida Law and the operating agreement of Triangle S.A. Land, LLC, the managing member of Triangle S.A. Land, LLC approved and adopted the Agreement and Plan of Merger on August 8, 2006. 3.4 In accordance with Florida Law and the operating agreement of Harrison Village Properties, LLC, the sole member of Harrison Village Properties, LLC approved and adopted the Agreement and Plan of Merger on August 8, 2006. 3.5 In accordance with Florida Law and the operating agreement of Triangle Old Bay Holdings, LLC, the managing member of Triangle Old Bay Holdings, LLC approved and adopted the Agreement and Plan of Merger on August 8,2006. ARTICLE IV Effective Time of Merger This merger shall become effective on the date and time this Certificate of Merger is filed by the Department of State of the State of Florida. [Signature Pages Follow] 2 (( (H06000 1991 ~!~)~6 Attachment number 12 Page 4 of 9 (((H060001991523))) IN WITNESS 'VHEREOF, the undersigned have caused this Certificate of Merger to be executed this 8th day of August, 2006. GEORGIA STREET PROPERTIES, LLC a Florida limited liability company By Triangle Old Bay Holdings, LLC Its: Sole Member By: Triangle Property Holdings, LLC Its: Managing Member ISLAND VIEW PROPERTIES, LLC a Florida limited liability cornparlY By, Triangle Old Bay Holdings, LLC lts:- -Sole Member TRlANGL.E S.A. LAND, LLC a Florida limited liability company By: -/If?. Ron Pollack, Manager ~ 3 (( (H06000 19911$~>>)) Attachment number 12 Page 5 of 9 (((H060001991523))) HARRISON VILLAGE PROPERTlES, T..LC a Florida limited liability company By Triangle Old Bay Holdings, LLC Its: Sole Member -~ TRIANGLE 0[,)) BAY HOLDINGS, LLC a Florida limited liability company 4 (((H06000199~~"~ Attachment number 12 Page 6 of 9 EXHIBIT A (((H060001991523))) AGREEMENT AND PLAN OF MERGER THIS AGREEMENT AND PLAN OF MERGER (this "Agreement") is made and entered into this 8th day of August, 2006, by and between TRIANGLE OLD BAY HOLDINGS, LLC, ("Triangle"), GEORGIA STREET PROPERTIES, LLC ("Georgia Street"), ISLAND VIEW PROPERTIES, LLC ("Island View"), TRIANGLE S.A. LAND, LLC ("Triangle S.A.") and HARRISON VILLAGE PROPERTIES, LLC ("Harrison"), all being limited liability companies organized and existing under the laws of the State of Florida. Triangle, Georgia Street, Island View, Triangle S.A. and Harrison are sometimes collectively referred to in this Agreement as the "Constituent Companies" and are sometimes referred to individually as a "Constituent Company." WITNE S SE TH: WHEREAS, the manager or member, as the case may be, of each Constituent Company deems it advisable and for the general welfare of such company and its members that Georgia Street, Island View, Triangle S.A. and Harrison merge with and into Triangle, pursuant to this Agreement and the applicable laws ofthe State of Florida; and WHEREAS, upon the Effective Date of the merger, Triangle shall be the surviving entity. NOW, THEREFORE, the Constituent Companies, in consideration of the premises and the mutual covenants, agreements and provisions hereinafter contained, do hereby agree upon and prescribe the terms and conditions of said merger and the method of carrying the same into effect in this Agreement as follows: ARTICLE I PLAN OF MERGER The Constituent Companies have agreed and do hereby agree each with the other that Georgia Street, Island View, Triangle S.A. and Harrison shall be merged with and into Triangle. Triangle shall be the surviving company in the merger and shall be governed by the laws of the State of Florida, which state shall continue to be its domicile. ARTICLE II EFFECTIVE DATE The merger provided for in this Agreement shall become effective and the Constituent Companies shall be deemed to have merged as of date and time the Certificate of Merger is filed by the Department of State of the State of Florida. (the "Effective Date"). (( (H06000 199 i~1)), Attachment number 12 Page 7 of 9 (((H060001991523))) ARTICLE III MANNER OF CONVERTING INTERESTS . Pursuant to the merger, all of the outstanding membership interests of Georgia Street, Island View, Triangle S.A. and Harrison will be cancelled. No new membership interests in Triangle will be issued. Each membership interest in Triangle that is outstanding on the Effective Date shall continue and remain unchanged. ARTICLE IV EFFECT OF THE MERGER 4.1 Existence. On the Effective Date, the separate existences of Georgia Street, Island View, Triangle S.A. and Harrison shall cease and they shall be merged with and into Triangle. Thereupon, the title to all real estate and other property, or any interest therein, owned by each of Georgia Street, Island View, Triangle S.A. and Harrison shall be vested in Triangle without further act of deed and without reversion or impairment. Triangle shall thenceforth be responsible and liable for all the liabilities and obligations of Georgia Street, Island View, Triangle S,A. and Harrison. 4.2 Articles of Organization. The Articles of Organization of Triangle, in effect on the Effective Date, shall continue in full force and effect as the Articles of Organization of Triangle and shall not be changed or amended by the merger. 4.3 Operating Agreement. The Operating Agreement of Triangle, as in effect on the Effective Date, shall continue in full force and effect as the Operating Agreement of Triangle and shall not be changed or amended by the merger. ARTICLE V GENERAL PROVISIONS 5.1 Entire Agreement. This Agreement constitutes the entire Agreement between the parties and supersedes and cancels any other agreement, representation or communication, whether oral or written, among the parties hereto relating to the transactions contemplated herein or the subject matter hereof. 5.2 Headings. The headings in the Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. 5.3 Expenses. Triangle shall pay all expenses of carrying this Agreement into effect and of accomplishing the merger. 5.4 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which as executed shall be deemed to be an original; and such counterparts shall together constitute one and the same instrument. 2 (( (H06000 1991~'>~ Attachment number 12 Page 8 of 9 (((H060001991523))) IN 'WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as of the date first written above. TIUANGLE OLD BAY HOLDINGS, LLC a Florida limited liability company By: Triangle Property Holdings~ LLC Its: Managing Member By Triang1e.bld Bay Holdings, LLC Its: Sole Member By: Ben T< ISLAND VIEW PROPERTIES, LLC a Florida limited liability company By Triangle Old Bay Holdings~ LLC Its: Sole Member By: Triangle Property Holdings, LLC Its: Managing Member 3 (( (H06000 1991~1j) ~ Attachment number 12 Page 9 of 9 (((H060001991523))) TRIANGLE S.A. LAND, LLC a Florida. limited liability company BY;~ Ron Pollack) Manager HARRISON VILLAGE PROPERTIES, LLC a Florida limited liability company By Triangle Old Bay Holdings) LLC Its: Sole Member 16771G4vl 4 (( (H06000 199 ]talrB~)3 Exhibit G-2 Entity Name Changes r" P~red by and relum lo: 1'homDI C, NA8h," D, BIq. Mac1lvlane PersUlOD "~ullan 62S Court Stn:lClt, Butta 200 (33756) P,O. Box 1669 ClelU"WlUer, PI. 337S7 A'II'IDA vrr ~S TO CORPOllA'rE NAME STATE OP PLORIDA COUNTY OF PINBLLAS r- I BEFORE ME. the undorslrplCld authority, per'8Onally appc:III'Cd BeqJDnlln K.l.Icl~, ManaPs PII1nOI' of IslllaJd Vi;w Propcrtiea. LLC, a Florida limitad lIQ.blllty company (thll 101 Aftlant"), who Jinl bciag duly swom, deposes 8Dd 1BfI: 1. Tha1 A1'fIan\ is duly authorized to malce this ~davit. , 2. That the Aftlant Is the MlmalPng PIU'b101' of latand ViN' Properties. LLC, a Florida limited Ih~bf1ity oompmy. 3. On April 29, 20D4. Artio1C11 or OrpD1zation were mod wilh the: Stlc:.retm)' of U10 Statl!l ofFloricla fbr 302.308 N. Osceola ~I:I llC. 4. On Novem.ba' 12, 2004, 302.308 N. OSOClOW PropcrdCl LLC's name wu c:hInged to Island View Propdl!t LLC ea copy ot the ArtIelOl of Am=dmmt II'C attQ.Ched to lhill Affidavit). UNDER. PENALTIES OF PERJURY. WE DBCLARE TIiAT WB HAVE EXAMINeO THIS CER.TIFICATION AND TO nu~, SBST OF OUR KNOWt.800g AND BELIBF IT IS TRUE, CORABCf AND COMPLB'I'B. (' ISLAND VJBW PROPERTIBS, LI..C, ~. B 1', I!ltner STATE OF FLORIDA ) COUNTY OF P1NELLAS ) , , ~ Thll foresoitla iustrwnent \WI acknowledged before me thil ~ day of May. 2006. by B=,i1llDin Kugler. M&ttIagiDg Partner of Islm:l View Prop;rtiCll, ,llC, a Florida Umited. liability eompuay. ~ Pel'lluqally Known OD. ProduC!ec1ldGatUleatloll _ ....... ofldallll...1oa _.. ~ _ _ ~ ~~~~ N LEOIBL Vl) TYPEWRl"l"'rEN OR STA~BD NOTARY PU8IJC. My h~_II~..pldld_ll,n._lIIIIp.dllll ,..,.....-.1IIIItMI . Mr~"",.b__ ~'fIO.aI IIanIIId Ala Item # 6 AUG-28-2006(MON) II: I 9 H~400022B396 ,.. ARTICLES Of AlVIENDMBNT Ard.~~ T, Name , The Da.1nO 01 this Florida limited lIability compay iI 302 .. 308 N. Oaccala ~el u.c ~e II. Dam of ktldes gt.Q(pnf1ldm.1. The Company's ArtIcles of OrP"IzatiOD wen: filed on ApdJ 29, 2004. A:rticlt;mLAm~ 1be'ArdcJes ofOrpnilatlon of the Umlred LlabiUty Company Ire ameaded 10 that the mane of'the 1Jmited IJability Compuy i. cluqed ftom 3m. - 308 N. Osceola PmpertIes LLC to Isbmd View PJOpcd"~ LLC Az:d;te IV. Date Amendment ~dootI!lct The amendment 8~ fo1th in these Altides of OrpDb:atIon was adopled on the d81e ahown below. " . 1be und_lpcd. cxec:utod this ~'m:l!llt on the date shcwn ba1ow~ ::-~"IJ.C . by D. :II: II attD for Btrqjtmla XUgl_ NJUDC BeDjamJa. Kuper nile: Manapr Date: Novembelr 12, 2004 --t. - (... ~- C', . - ....~ .' :.: - .. ...., C" . Corporate CnJdcnslntemdonaJ Inc. 941 ,Fourth Street Mf.",11Eaach PL 33130 (306) 872-0888 H04000228398 0awrI1lt 0'....... co ~ P. 002/004 -" I . , . . ~ ~: I , I Item # 6 . AUG-28-2006(MON) 11:20 , '-,,- P:'O'03/004 . ~. ~' "', I.'.' . · '.' ,HQ4000228381 r ARTICLES OP AMBNDMENT ~ The IUIIDO oftbiJ Florida Ilmttld.1iability awpIII)' is Osc:eda-Joaes PropmiOl LLC . The Comp8l1Y'. Articles ofOrpldlldon wcte filed CD ApIiJ 2.2004. ~ Tba Arlidea ofOlp;d2dcm ofdle Umited LiIbi11~~ IID8Dded 10 that the DUne of the LiDrite4lJability Campa, H ..... -J0Des Pl'Op!lili. LLC to HudSOD Vil1aae ~pedles, LLC '!be amendmeat set fonh iD. these AJdc:1ea of Orr'~'dIi0D 'W8I adapted OD the datil shown below. ' r Tho UDdmllned ~ this ~1"..t 011 the dIt.e shown below. Oeceo1a-JOIlCI PropIdlul.LC By: bJD. S... u ~fDr...... Kaal,er. MID: .!!gjImIa K..er . ..---". 1tde: ~u .DatI: _~ovember 12.~ ~ ~ P- T - CorpdI CNItIOnIInI8matIonIIInC. 841 Fourth.... MIami Beach FL .188 (805) lJJ'2-0888 r H04DDD228S81 ~.11"IDIMClC Item # 6 AUG-28-2006(MON) 11:20 '--'i5~o;ioB~aiil-- --iiilI/IGOI 1137 ~I 00l/DO~ ,pi, I ~. ,. '. i .. 'I" '. (" .,........ I r- I ItOIUDA. DB f1I ftATI =... M'CIII'..m.n 11, ~au IIIIIZICII' 'ftJr1Ml naJIIIIZ., z.t.c: 111 CIIIJI' ZMI JAW DIJCIl, II. 1."3 ra\J" P~'0"04/004 PJ,Oft.da p.,pt Of St.. 'hi ..: D~1:..... IIDCDaaDIU.' !1M .l.RiCll:J.ll. o. ."...,.,... a tu a.tlctlu d' o..-....U_ Ice ~ JIDnIftII Uta VIda' aUaItI4 Sot. ... to IIIIZlc. vtLt..:t-mI! ~DI~ r.1aC, . IJ.oriAla UII1W U6U."q GUf'''' ... :2J.14 n I~ 12~ aa04. ' DJ.. dDa'lllUt .. e1ectnaialllJ' __ftd. Uld. fUM. ,..., nx .....t:l ..... ID.toaOUII':L. . ' . . lJunald ,. .... ~ ....t:Lou ~ t.Ja&1 ......1', pJaa_ t.~ CIsa, ..1..1051., .. 1II,1I1:aU- ....:loB. .;ra.a. lIe=iat Doo_t .....ia1:1.8't D:L\"Ui- 01: eup.a'leu ~ .....= ZD4AOOG'''.21 Dhfalao. tlCIcparaMou..,.o.IOX~' :.IM!"ll.~ JWda~... Item # 6 Exhibit G - Ownership Documentation City of Clearwater This letter is to clarify the intent with regards to certain properties owned by Triangle Old Bay Holdings LLC ("Old Bay"). Old Bay's majority owner is Ron Pollack, and it is managed by Triangle Property Holding LLC, which is jointly owned by Ron Pollack and Ben Kugler. Thus both Ron Pollack and Ben Kugler act as managing members of Triangle Old Bay Holdings LLC. Specifically at this time the property parcels marked below as 1, 2, 10 & 4 are being developed. The thin strip of land dividing 4 in two is the proposed new Osceola Ave, which we plan to dedicate to the city. Properties 1, 2, 10 and the part of property 4 west of the new Osceola Ave will be deeded to Island View Condominiums. Item # 6 Attachment number 14 Page 2 of 2 Old Bay is using Triangle Development Company LLC (also jointly owned by Ron Pollack and Ben Kugler) to develop its properties. Ownershiv information: The data on the relevant properties shown above are as follows: 1. Name: former Rhaddert property: 310-404 N. Osceola. Size: 1.9 acres Owner: Georgia Street Properties LLC, which merged with Triangle Old Bay Holdings LLC (the surviving entity). 2. Name: former Ellenben! property: 302-308 N. Osceola. Size: 1.0 acres Owner: 302-308 N Osceola Properties LLC, which changed its name to Island View Properties LLC, which has merged with Triangle Old Bay Holdings LLC, (the surviving entity). 4. Name: former Salvation Armv property: (part of what was once) 300-410 N. Fort Harrison, and 309-407 N. Osceola. Size: 2.42 acres Owner: Triangle S.A. Land LLC, which merged with Triangle Old Bay Holdings LLC, (the surviving entity). 10. Name: former Marcovoulos property: (part of what was once 303&305 N. Osceola, and 400&41 0 Jones St.) Size: 0.2 acres Owner: Osceola-Jones Properties LLC, which changed its name to Harrison Village Properties LLC, which has merged with Triangle Old Bay Holdings LLC, (the surviving entity). Ron Pollack CEO and Manager Triangle Development Company LLC For: Triangle Property Holdings LLC, Manager For: Triangle Old Bay Holdings, Owner 305 N. Ft. Harrison Ave. Clearwater, FL 33755 www.triangledevelopment.com Re7nl#(B)020 Attachment number 15 Page 1 of 7 AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT ("AMENDMENT") amends the DEVELOPMENT AGREEMENT ("AGREEMENT") dated February 21, 2007, effective as provided in Section 5 of the AGREEMENT, and entered into between TRIANGLE OLD BAY HOLDINGS, LLC, a Florida limited liability company ("DEVELOPER") and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council ("COUNCIL"), the governing body thereof ("CITY"). The following changes are made to the Development agreement: (Amend Recital D:) D. DEVELOPER desires to develop the Property as a mixed residential/retail development, consisting of not more than 358 residential units and 13,235 square feet of retail, with associated parking, generally conforming to that development approved by the CDB on , 200,; in Case No. FLD200 (AMEND SECTION 5.1) effective as provided for by the ACT and (AMEND SECTION 6.1.3.1) 6.1.3.1 The PROPERTY shall be developed in conformance with that development approved by the CDB on , 200' in Case No. FLD200 The population density and maximum building intensity are shown in that approved development application. Specifically, the Property shall be developed in 3 phases. Phase 1 will commit the entire 5.18 acres, which at 50 units per acre (and 4.98 countable acres) has 249 units permitted. 116 units be built in Phase 1, drawing 1 units from the Public 109 units be built in Phase 2, drawing 1 unit from the Public Amenities Incentive Pool (for extra height). Phase 3 will have a 1 -story ower with 1 units, 2 units & 13,235 sf of retail space built on the east side of Osceola Ave, for a total in Phase 3 of 133 units, drawing additional units and 13,235 square feet from the Public Amenities Incentive Pool, for a total of 109 units and 13,235 square feet of non-residential floor area from the Public Amenities Incentive Pool over the entire project. Item # 6 Attachment number 15 Page 2 of 7 (AMEND SECTION 6.1.3.2) 6.1.3.2 Building height to the highest point of the finished flat roof surface of the 3 Island View condominium towers shall not exceed 180 feet above the mean site elevation. Building height to the the two (2) buildings comprising Harrison Village shall not exceed 48 feet above the mean site elevation for the Harrison Village Site. (AMEND SECTION 6.1.3.5) 6.1.3.5 The parties acknowledge that it is conceivable that the Project will not proceed to full completion of all phases. Accordingly, DEVELOPER agrees that the 2.0 acre parcel of land described in Exhibit "H" (the "Exhibit "H" Property") hereto shall be dedicated to support the entitlements which comprise Phase 1, and shall remain encumbered by the provisions of this Development Agreement notwithstanding the amendment of the site plan for the balance of the Property. The deed restriction required by Paragraph 6.1.4 shall include said dedication and encumbrance. In the event Phases 2 and 3 are not developed, the "Exhibit "H" Property" shall be limited to the 116 units allowed in Phase 1, and the "Exhibit "H" shall be encumbered by this restriction immediately upon the issuance of a building permit for Phase 1. (AMEND SECTION 6.1.3.7) 6.1.3.7 No certificate of occupancy shall be issued for each phase until the streetscaping for that phase has been substantially completed, as set forth in Exhibits "E", "E-1", "E-2" and"E-3" attached hereto and incorporated herein. Specifically this includes: Phase 1: Landscaping and hardscaping of: a) side of Osceola Ave b) East side of Fort Harrison Ave between Jones and Georgia Phase 2: Landscaping and hardscaping of: a) North side of Georgia Street b) Intersection of Jones St and Ft Harrison Ave Phase 3: Landscaping and hardscaping of: a) West side of F1. Harrison Ave. between Georgia and Jones b) East side of Osceola Ave, south side of Georgia S1. and north side of Jones Street, and Osceola crosswalks and m idblock pedestrian plaza in Harrison Village; all as shown on Exhibit "0". 2 Item # 6 Attachment number 15 Page 3 of 7 Base of Georgia Street upgraded with landscaping and hardscaping. Intersection of Georgia St. and Ft Harrison Ave The parties agree that the obligation of DEVELOPER to construct the phase improvements described above is contingent upon Developer proceeding to construct each respective phase of the Project. (Add Section 6.1.6) (AMEND SECTION 6.2.1) 6.2.1 CITY will issue such building permits for the Property as are consistent with the Comprehensive Plan and that development approved by the CDB on 200i in Case No. FLD200i and that meet the requirements of the CODE and that go through any applicable approval process. 3 Item # 6 Attachment number 15 Page 4 of 7 (ADD SECTION 14) (ADD SECTION 25) (ADD SECTION 26) [End of Substantive Provisions, Signature Page to follow.] 4 Item # 6 WITNESSES: Printed Name: Printed Name: Countersigned: Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attachment number 15 Page 5 of 7 TRIANGLE OLD BAY HOLDINGS, LLC, a Florida limited liability company By: Its: Managing Member CITY OF CLEARWATER, FLORIDA By: William B. Horne II Attest: Cynthia E. Goudeau City Clerk 5 Item # 6 Attachment number 15 Page 6 of 7 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this , 2007, by , as managing member of Triangle Old Bay Holdings, LLC, a Florida limited liability company, on behalf of the company, who D is personally known to me or who D produced as identification. Notary Public Print Name: STATE OF FLORIDA CITY OF PINELLAS The foregoing instrument was acknowledged before me this , 2007, by Frank V. Hibbard, as Mayor of the City of Clearwater, Florida, who D is personally known to me or who D produced identification. Notary Public Print Name: STATE OF FLORIDA CITY OF PINELLAS The foregoing instrument was acknowledged before me this , 2007, by William B. Horne II, City Manager of the City of Clearwater, Florida, who D is personally known to me or who D produced identification. Notary Public Print Name: 6 Item # 6 Attachment number 15 Page 7 of 7 "8": Concept Plan "C": Renderings attached "0-1" Phasing Plan - Phase 1 "0-2" Phasing Plan - Phase 2 "0-3" Phasing Plan - Phase 3 "E": Phasing Schedule "E-1" Phase 1 Streetscaping "E-2" Phase 2 Streetscaping "E-3" Phase 3 Streetscaping "H" Phase 1 Dedicated Land 09/25/07 10:06 AM 45403.108701 #378904 v1 - Triangle/Development Agreement 7 Item # 6 Attachment number 16 Page 1 of 5 CDB Meeting Date: Case Number: Owner/Applicant: Address: Agenda Item: September 18, 2007 DV A2007-00003 Triangle Old Bay Holdings, LLC 410 North Fort Harrison Avenue F. 1. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review, and recommendation to the City Council, of an amended Development Agreement between Triangle Old Bay Holdings, LLC, and the City of Clearwater (previously DV A 2006-00001 approved by City Council on February 15, 2007) to modify the effective date of the agreement, and the provisions of the phasing schedule, as well as add language pertaining to a proposed site plan modification (FLD2007- 07025). Downtown (D) District Preservation (P) District CURRENT FUTURE LAND Central Business District (CBD) USE CATEGORY: Preservation (P) CURRENT ZONING: CLEARWATER Old Bay DOWNTOWN REDEVELOPMENT PLAN CHARACTER DISTRICT: PROPERTY USE: Current Use: Proposed Use: Vacant Mixed-use (358 attached dwellings at 84.43 units/acre with 13,235 square feet of non-residential floor area at 0.5 Floor Area Ratio (F.A.R.) and heights of 48 feet on the Harrison Village [east] portion of the site and 180 feet on the Island View [west] portion of the site) EXISTING North: Downtown (D) District SURROUNDING ZONING AND USES: South: Downtown (D) District East: Downtown (D) District Attached Dwellings and Vehicle Sales/Display Attached Dwellings and Overnight Accommodations Offices, Problematic Use, and Vehicle Sales/Display Attached Dwellings and Clearwater Harbor West: Downtown (D) District Community Development Board - September 18, 2007 DV A2007-00003 - Page 1 Item # 6 Attachment number 16 Page 2 of 5 ANAL YSIS: Site Location and Existing Conditions: The 5.18-acre subject property is generally located on the west side of North Fort Harrison Avenue and bounded by Jones Street to the south, Georgia Street to the north and Clearwater Harbor to the west. The subject property is currently vacant and bifurcated by North Osceola Avenue, thereby splitting the property into east and west halves: Harrison Village (east) and Island View (west). Development Proposal: The development proposal includes an associated Flexible Development application (FLD2007-07025) that relocates the majority of the parking previously approved for this development from a subterranean parking garage to an aboveground parking garage that will be located behind the townhomes fronting on the west side of Osceola Avenue. Development Agreement: The proposed Development Agreement amends the Development Agreement between Triangle Old Bay Holdings, LLC (the property owner) and the City of Clearwater (previously DV A2006-00001 approved by the City Council on February 15, 2007) to modify the effective date of the agreement, and the provisions of the phasing schedule, as well as add language pertaining to a proposed site plan modification, and includes the following main provisions: o Amends Section 6.1.3.1 to modify the number of dwelling units being constructed and pulled from the Public Amenities Incentive Pool in each of the three phases; o Amends Section 6.1.3.1 to add a new paragraph stating that if the Developer sells combined units in any of the three towers, thereby reducing the unit count in the towers, the Developer would not lose entitlements to those units, but would instead be able to use those units in Harrison Village, subject to a revision to the approved Flexible Development application; o Amends Section 6.1.3.2 by correctly stating that the building height to the highest point of the finished flat roof surface of the two buildings comprising Harrison Village shall not exceed 48 feet above the mean site elevation for the Harrison Village site; o Amends Section 6.1.3.7 to modify the time line for the implementation of streetscape improvements along the west side of Osceola Avenue; o Adds Section 6.1. 6 [first paragraph], which clarifies the construction of the parking garage across the project phasing and provides language identifying that sufficient parking will be provided to meet parking requirements for each phase of the development; o Adds Section 6.1.6 [second paragraph], which provides language stating that if a construction hiatus of more than 60 days occurs, the developer shall install and maintain landscaping improvements and limited temporary architectural fa9ade improvements across the northern face of the parking structure which obscures at least 75% of the view of vehicles and the interior of the parking structure from street level; and that in the event the subsequent phase does not start on schedule as per Exhibit "E", then developer shall fully finish the fa9ade of the northern face of the parking structure. o Deletes Section 6.2.2, which referenced the consideration of a right-of-way vacation that has now already occurred; Community Development Board - September 18, 2007 DV A2007-00003 - Page 2 Item # 6 Attachment number 16 Page 3 of 5 o Adds Section 14, which states that the previous Exhibits "B", "C", "D", "D-l", "D-2", "D-3", "E", "E-l", "E-2", "E-3", and "H" have been replaced with new Exhibits of the same names and purposes. It is noted that Exhibit "E", which is the Phasing Schedule had been modified to provide for a new commencement date of December 31,2008 and a new completion date of December 31, 2016; o Adds Section 25, which states that in the event the City Council approves a proposed amendment to the existing ordinance (Ordinance No. 7769-07) vacating a portion of the existing Osceola Avenue between Jones Street and Georgia Street, the Developer shall have the option of temporarily finishing Osceola Avenue to the standards specified in said ordinance amendment prior to Phase 1. Once the Developer has completed Osceola Avenue to these standards and has had the work accepted as complete by the City, the City would release Developer's Letter of Credit posted in compliance with the ordinance; and o Adds Section 26, which provides language pertaining to the provision of public art in compliance with the City's Public Art Ordinance and in keeping with the project phasing. The CDB has been provided with the most recently negotiated Development Agreement dated September 12, 2007. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of August 2,2007, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: 1. That the 5.18 acre subject property is generally located on the west side of North Fort Harrison Avenue and bounded by Jones Street to the south, Georgia Street to the north and Clearwater Harbor to the west; 2. That the property is located within the Downtown (D) District and the Central Business District (CBD) and Preservation (P) Future Land Use Plan categories; 3. That the portion of the subject property (0.2 acres) located within the Preservation (P) Future Land Use Plan category does not generate density; and 4. That the development proposal is subj ect to the requirements of the Clearwater Downtown Redevelopment Plan and the Design Guidelines contained therein as the property is located within the Old Bay character district. Conclusions of Law: 1. That the Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2007-07025); 2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the Community Development Code; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; and 4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of the Clearwater Downtown Redevelopment Plan and the Old Bay character district. Community Development Board - September 18, 2007 DV A2007-00003 - Page 3 Item # 6 Attachment number 16 Page 4 of 5 Based upon the above, the Planning Department recommends the APPROVAL, and recommendation to the City Council, of an amended Development Agreement between Triangle Old Bay Holdings, LLC (the property owner) and the City of Clearwater (previously DV A2006-0000 1 approved by City Council on February IS, 2007) for the site at 410 North Fort Harrison Avenue. Prepared by Planning Department Staff: Robert G. Tefft, Planner III ATTACHMENTS: o Development Agreement with Exhibits S:IPlanning DepartmentlC D BIDevelopment Agreements (DV A)IDV A2007-00003 Ft Harrison Ave N 410 (D) - Pending CDB 09-18-07IFt Harrison Ave N 410 - Development Agreement StajjReport 09-18-07. doc Community Development Board - September 18, 2007 DV A2007-00003 - Page 4 Item # 6 Attachment number 16 Page 5 of 5 Robert G. Tefft 100 South Myrtle Avenue Clearwater, Florida 33756 (727) 562-4539 PROFESSIONAL EXPERIENCE . Planner HI City of Clearwater, Clearwater, Florida June 2005 to Present Duties include performing technical review of and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports, and making presentations to various City Boards and Committees. . Planner H City of Clearwater, Clearwater, Florida May 2005 to June 2005 Duties include performing technical review of and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports. . Senior Planner City of Delray Beach, Delray Beach, Florida October 2003 to May 2005 Performed technical review of and prepared staff reports for land development applications such as, but not limited to: site plans, conditional uses, rezonings, land use amendments, and text amendments. Organized data and its display in order to track information and provide status reports. Make presentations to various City Boards. . Planner City of De I ray Beach, Delray Beach, Florida March 2001 to October 2003 Performed technical review of and prepared staff reports for land development applications such as, but not limited to: site plans, conditional use and text amendments. Organization of data and its display in order to track information and provide status reports. Provided in-depth training to the Assistant Planner position with respect to essential job functions and continuous guidance. . Assistant Planner City of Delray Beach, Delray Beach, Florida October 1999 to March 2001 Performed technical review of and prepared staff reports for site plan development applications. Performed reviews of building permit applications. Provided information on land use applications, ordinances, land development regulations, codes, and related planning programs/services to other professionals and the public. EDUCA TION . Bachelor of Arts, Geography (Urban Studies), University of South Florida, 1999 LICENSES & CERTIFICATES . American Planning Association Community Development Board - September 18, 2007 DV A2007-00003 - Page 5 Item # 6 Attachment number 17 Page 1 of 1 RESOLUTION NO. 07-21 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND TRIANGLE OLD BAY HOLDINGS, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, a Development Agreement between the City of Clearwater and Triangle Old Bay Holdings, LLC, was executed on February 21, 2007, and approved by Resolution 07-02; and WHEREAS, the City of Clearwater wishes to amend said Development Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The First Amendment to Development Agreement between the City of Clearwater and Triangle Old Bay Holdings, LLC, a copy of which is attached as Exhibit "A", is hereby approved. Section 2. The City Clerk is directed to record the First Amendment to Development Agreement with the Clerk of the Circuit Court in Pinellas County no later than fourteen (14) days after the agreement is executed. The applicant for the First Amendment to Development Agreement shall bear the expense of recording the agreement. Section 3. The City Clerk is directed to submit a recorded copy of the First Amendment to Development Agreement to the State of Florida Department of Community Affairs no later than fourteen (14) days after it is recorded. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2007. Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Resolution Ntt.em'4l13 Page 1 of 2 EXHIBIT "F" SECTION 9 TOWNSHIP 29 S, RANGE 15E ~ PINELLAS COUNTY, FLORIDA PROJECT NUMBER 3324-02 APORTlDN LOrs 2 k 3 2 N8S' 'l"W 185.55 1 - - [-l JONES SUBDlWlION OF LOT 1 N1OlQlSllN'S AOOITION 1'0 I a..EAR....TER HARBCIl P.B. 1 BLOCK 2 I PG.13 HUSeCllOllGH COON1'\' GEORGIA SlREET SOUTH RfGHT OF WA Y LINE 8 ~--i ~~~~1 ~... IU A. a. ,& JE~mIE CATES SUBDIVISION ~ PB 1. PG 64 ---------- ~J A PART OF SECTlON 9, TOWNSHIP 29 -1 SOUTH. RANCE 15 EAST o I II PART OF' SECTlON 9, TOWNSHIP 29 SOUTH. RANCE 15 EAST -L~ 9 60 30 0 1 ~ -I- SCALE: 1 "=60' PARCEL FOUR ~ ~ , I VACA TED 10' AlLEY LOT A w . C\I va - a 10. .....v oC\l o Z REVISED 07/28/06 I NOT A SURVEY ~ KETCH & DESCRIPllON EVlSED DATE OB/10/06 OB/24/06 PORTION Of PARCEL IV .. . ~ \ 11...\ .........\ ....UI_' .......... ........ ,,_....... ...10;.... I iii lB~ 40'45"W 150.03' LOT 7 I I ~-- 1 I LOT 1 I I LOT 6 I-.P.l :c: "'------ -- ---i I ::Ill h--- ~~~ A.B. .k JENNIE C TES Q;~- LOT 2 SUBDIVISION I >-l::: . I.LI P.B. t PG. 6 I ~~~ :;:) ~ LOT 5 ~ Q::::a --J ~ -- -- ~~~ ~ ~~~ I I ~ a: LOT 3 L LOT 4 2Sd U PLAT LlNJ. _ _ _ en 0 -- m i5 I'- r...: ~ m 1"1 ...OJ'~ Z w w 0 Z ~ ~~~~ m 3: 0 I- --....l ~ ....~&l1J.i w .....J W I'==~ltl ~ 1 ..... u ~ ~~~~ 0 W 0 U 0:::: oq; ~t:~~ In 0::: <( <C a... g~i1in:: 0... oq;f? L DRAl I4GC AND U7/UTY EASEM~NT :.\CA1ED ALLEY PER O.R. OOK 7546, PGS. 607-608 --- ~ -=- -=- -=- - ':H'. II INNGGkE ESSS GRESS' EASEMENT PER o. .BOO 7540 PGS. 275-278 ---- DRAl :.lCE AND U71UTY EASEMENT YACAJE'D ALLEY P€R g a'-rf O. :-~.~~19 PGS. 319-321 ..f J \l .... LOT B Oj~; I ~.~~"ff6:?, ~7!W K~::J- \._cJe:- I ""'1" ~ ''''",- -.-- >, ,< .. , >,' LOT A SHEET 1 OF 2 BAI JIl1!M8 Item # 6 r~ ASSOCIATES INC. PROFESSIONAL SURVE'r1NG LB 6113 18850 U.S HIGHWAY 19 N. SUITE 500 l?LEA~WA TER, FLORIDA 3J764 Page 2 of 2 SECTION 9 TOWNSHIP 29 S, RANGE 1SE PINELLAS COUNTY, FLORIDA PROJECT NUMBER 3324-02 DESCRIPTION PORTION OF PARCEL IV A PORTION OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST. PINELLAS COUNTY, FLORIDA. AND A PORTION OF LOTS 2 AND 3 OF JONES SUBDIVISION OF NICHOLSON'S ADDIllON TO CLEARWATER HARBOR AS RECORDED IN PLAT BOOK 1, PAGE 13 OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1 Of JENNIE CATES SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 64 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, ALSO BEING THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT HARRISON AVENUE; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET S.88'40'45"W., 150.03 FEET; THENCE LEAVING SAID UNE, S.0016'19"E., 397.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 5.00'16'19"E., 24,00 FEET; THENCE N.89'44'18"W., 18S.SS FEET; THENCE N.001S'42"E.. 24.00 FEET; THENCE S.89'44'18"E., 185.31 FEET TO THE POINT OF BEGINNING. CONTAINING 0.102 ACRES, MORE OR LESS. NOTES 1. BEARINGS ARE BASED ON THE WEST RIGHT-Of-WAY LINE OF OSCEOLA AVENUE, BEING ASSUMED AS 500"16'19"E. 2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED TO. 4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 5. THIS SKETCH WAS PREPARED ~THOUT THE BENEAT OF AN ABSTRACT OF TInE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MAnERS OF RECORD. CE RTIFICATION I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. NOT A SURVEY ~ DATE KETCH & DESCRIPTION 08/10/06 EVlSED 08/24/06 PORTtON OF PARCEL IV SHEET 2 OF 2 ftA. ....e Item # 6 ~ ASSOClA7FS INC. PROFESSIONAL SURVE"Y1NG LB 6113 18850 U.s. HIGHWAY 19 N. SUI7F 500 CLEA!?WA TE:R, FlORIDA :53764 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Section 8-102 relating to fractional ownership and similar uses of residentially zoned property and overnight accommodations and pass Ordinance No. 7884-07 on first reading. SUMMARY: This Ordinance amends the Definitions Section of the Community Development Code, Section 8-102, by adding a definition of "fractional ownership" and revising certain other definitions to clarify that fractional ownership, interval ownership, and timesharing units are not permitted uses for residentially zoned property, and to clarify that "overnight accommodations" includes lodging offered to membership groups and members of associations in addition to the public at large. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: None Review Approval: 1) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 3 ORDINANCE NO. 7884-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE RELATING TO LAND USE; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION; AMENDING SECTION 8-102, DEFINITIONS, BY ADDING A DEFINITION OF "FRACTIONAL OWNERSHIP" AND REVISING FOR CLARIFICATION PURPOSES THE DEFINITIONS OF "DWELLING UNIT', "INTERVAL OWNERSHIPITIMESHARING UNIT', AND "RESIDENTIAL USE" AS RELATES TO THE USE OR OCCUPANCY OF DWELLING UNITS LOCATED ON RESIDENTIALLY ZONED PROPERTY FOR USE AS FRACTIONAL OWNERSHIP, INTERVAL OWNERSHIP OR TIMESHARING UNITS; AMENDING THE DEFINITION OF "OVERNIGHT ACCOMMODATIONS" TO ADDRESS MEMBERSHIP GROUPS AND MEMBERS OF ASSOCIATIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, a purpose of the City of Clearwater Community Development Code is to preserve neighborhoods as evidenced by provisions of Section 1-103, Section 8-102 and provisions of Article 2, Zoning Districts, regarding the intent and purpose of the residential zoning districts; and WHEREAS, historically, the City of Clearwater Code of Ordinances has not permitted the interval ownership, fractional ownership, or timeshare use of dwelling units in traditional residential neighborhoods; and WHEREAS, conflict occurs when such uses, which are not traditional residential uses, operate in residential neighborhoods; and WHEREAS, the peace, safety and welfare of residents and owners in residential zoning districts may be detrimentally affected by such uses and negative community impacts can be generated by such uses; and WHEREAS, the Clearwater Comprehensive Plan generally separates non- residential from residential uses in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and Ordinance No.l~4tl77 Attachment number 1 Page 2 of 3 WHEREAS, the City Council has fully considered the recommendations of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 8-102, Code of Ordinances, is amended to read as follows: Sec. 8-102. Definitions. For the purposes of this Development Code, the following words and terms have the meanings specified herein: ***** Dwelling unit means a building or portion of a building providing independent living facilities for one family including provision for living, sleeping, and complete kitchen facilities. A dwelling unit located in any residential zoning district on residentially zoned property shall be used only for a residential use, unless otherwise specified "---J. and shall not be used or occupied in interval ownership, in fractional ownership, or as a timesharinq unit. ***** Fractional ownership means the ownership in fee simple of a portion of a unit where title to the unit is divided by time interval, whether or not the unit is occupied by the fractional owner or by the public, by members of a membership qroup, or by members or an association. No dwellinq unit located on residentially zoned property shall be used or occupied in fractional ownership. ***** Interval ownership/timesharing unit means an overnight accommodation, the ownership or contractual use of which is for a specified period of time, designed to be utilized as a temporary place of residence and counted as a hotel room for the purpose of applying the density standards of this development code. No dwellinq unit located on residentially zoned property shall be used or occupied in interval ownership or as a timesharinq unit. ***** Overnight accommodations means any use that provides transient lodging accommodations to the public, a membership qroup, or members of an association, including interval ownership. Allowable accessory uses shall be integral to the principal use and may include, but shall not be limited to, offices, restaurants and retail provided such uses are integral to the primary use. 2 Ordinance No. ll8ft4-#71 Attachment number 1 Page 3 of 3 ***** Residential use means a permanent place of residence for a family. A residential use located in any residential zoning district on residentially zoned property shall not include rentals for periods of less than 31 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place rented for periods of less than 31 days or one calendar month, whichever is less. A residential use located on residentially zoned property shall not include an interval ownership, a fractional ownerhip, or a timesharinq unit. ***** Section 2. 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 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 3 Ordinance No. ll8ft4-#71 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to the Clearwater Comprehensive Plan related to school concurrency and establishing the new Public School Facilities Element and and pass Ordinance 7870-07 on first reading. SUMMARY: In 200S, the State of Florida Legislature adopted Senate Bill 360 that mandated Pinellas County along with the City of Clearwater and eleven other local governments to enter into an Interlocal Agreement with the Pinellas County School Board to establish concurrency for public school facilities, primarily to ensure that the school districts would be able to handle additional students as a result of requests for increased densities in developments. The Interlocal Agreement was approved by the City Council on December 14, 2006, signed and then later executed by Pinellas County on April2S, 2007 (following receipt of signatures from all of the affected municipalities). Pinellas County submitted the agreement to the State Department of Community Affairs (DCA) and DCA issued a notice of intent to find it consistent with the minimum requirements of State Statutes on June 12,2007. This Agreement highlighted the effective collaboration between the affected local governments within Pinellas County and the School Board. The collaboration efforts involved two groups: (1) the Pinellas County Schools Collaborative, made up of elected officials from Pinellas County, twelve municipalities including Clearwater, and the School Board, and (2) the School Planning Workgroup, consisting of staff from each affected local government, the School District and the Pinellas Planning Council. To form the basis for implementing school concurrency, the State bill also required the development and adoption of a Public School Facilities Element (PSFE) to be added to the comprehensive plans for these communities. The Planning Workgroup agreed to create a model PSFE that each local government would adopt. Additionally, the group agreed to create a countywide tracking system for development, as governed by the Element, to ensure that public school facilities would not be adversely affected by additional development and redevelopment. The Workgroup and the Pinellas Schools Collaborative met numerous times to develop the Model Element that was approved by the Collaborative on June 6, 2007, making it ready to be used in the preparation for local ordinances. Both groups will continue to work together on a model school concurrency system for tracking purposes along with a procedures manual. The Planning Department has used the model element to prepare the proposed ordinance. The four main goals of the element are: . Goal - to provide all students in the Pinellas County School District the availability of high quality public educational facilities through partnerships, effective collaboration and shared commitment to educational excellence among local governments and the District. . Goal - the City shall coordinate with its partner local governments and the School District on projects that encourage cohesive neighborhoods, contribute to community building and provide for long-term sustainability. . Goal - the City will coordinate with the School District and other local governments to improve the safety of students as they access public school facilities. . Goal - to maximize opportunities for public schools to be designed in a manner that they can serve a vital emergency management purpose in times of disaster. The Department has determined that the proposed amendments are consistent with other provisions of the Clearwater Comprehensive Plan, will not adversely impact the use of property, will adversely affect neither the natural environment nor public facilities. Please refer to the attached report CPA2007-06002 for the complete staff analysis. Also, attached are the final draft policies for the intergovernmental coordination and capital improvements elements, the model Public School Facilities Element, and the data and analysis. Cover Memo The Community Development Board reviewed the amendments at its public hearing on Sept. 18,2007 and unanimously recommended approval. Because these are text amendments to the Comprehensive Plan, review and approval by the Florida Department of Community Affairs is required. The City's deadline to adopt the ordinance is March 1,2008. Review Approval: 1) Clerk Cover Memo Attachment number 1 Page 1 of 3 ORDINANCE NO. 7870-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY AS ADOPTED ON MAY 18,2000 AND AMENDED ON JULY 12, 2001, OCTOBER 7, 2004, OCTOBER 20, 2005, DECEMBER 15, 2005, AND AUGUST 14, 2007, BY AMENDING THE FUTURE LAND USE, INTERGOVERNMENTAL COORDINATION, AND CAPITAL IMPROVEMENTS ELEMENTS; MAKING SUBSTANTIVE CHANGES TO THESE ELEMENTS; AND BY CREATING A NEW PUBLIC SCHOOL FACILITIES ELEMENT; AS AGREED UPON BY THE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY, FLORIDA, THE CITIES OF CLEARWATER, DUNEDIN, GULFPORT, LARGO, MADEIRA BEACH, OLDSMAR, PINELLAS PARK, SAFETY HARBOR, SEMINOLE, ST. PETERSBURG, ST. PETE BEACH, AND TARPON SPRINGS, FLORIDA, AND THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, IN ACCORDANCE WITH SECTIONS 163.177 AND 163.1777, FLORIDA STATUTES, TO ESTABLISH JOINTLY THE SPECIFIC WAYS IN WHICH THE PLANS AND PROCESSES OF THE DISTRICT SCHOOL BOARD AND LOCAL GOVERNMENTS ARE TO BE COORDINATED, TO ADDRESS THE REQUIREMENTS IN SECTION 163.3180(13)(g) REGARDING SCHOOL CONCURRENCY, TO PROVIDE A UNIFORM SYSTEM OF FREE PUBLIC SCHOOLS ON A COUNTYWIDE BASIS, AND TO IMPLEMENT THE LAND USE AUTHORITY OF LOCAL GOVERNMENTS, INCLUDING THEIR AUTHORITY TO APPROVE OR DENY COMPREHENSIVE PLAN AMENDMENTS AND DEVELOPMENT ORDERS, AND TO ESTABLISH A UNIFORM PUBLIC SCHOOL FACILITIES ELEMENT AND LAND DEVELOPMENT REGULATIONS TO ASSIST THE PARTIES IN ASSURING THAT SUFFICIENT CAPACITY IS AVAILABLE FOR NEW AND EXISTING STUDENTS IN SCHOOL FACILITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE; WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the City Council approved Ordinance Number 6794-01, which amended the Comprehensive Plan of the City on July 12, 2001; and WHEREAS, the City Council approved Ordinance Number 7295-04, which amended the Comprehensive Plan of the City on October 7,2004; and Ordinance No. 7870-07 Attachment number 1 Page 2 of 3 WHEREAS, the City Council approved Ordinance Number 7388-05, which amended the Comprehensive Plan of the City on October 20, 2005 and December 15, 2005; and WHEREAS, the City Council approved Ordinance Number 7782-07, which amended the Comprehensive Plan of the City on August 14, 2007; and WHEREAS, the City is making these amendments to the Comprehensive Plan in accordance with statutory requirements and the Interlocal Agreement; and WHEREAS, amendments to the Comprehensive Plan of the City have been prepared in accordance with the applicable requirements of law, after conducting the appropriate planning analysis, and public participation through public hearings, opportunity for written comments, open discussion and the consideration of public and official comments; and WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comments, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments 1 - 6 to the Clearwater Comprehensive Plan attached hereto as Exhibit "A" are hereby adopted. Section 2. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.187 or 163.3189, F.S., as amended. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED 2 Ordinance No. 7870-07 Approved as to form: Leslie Dougall-Sides Assistant City Attorney Attachment number 1 Page 3 of 3 Frank Hibbard Mayor-Councilmember Attest: Cynthia E. Goudeau City Clerk 3 Ordinance No. 7870-07 Attachment number 2 Page 1 of 5 Final Draft Policies for Adoption as Part of the Intergovernmental Coordination and Capital Improvements Elements of the Local Comprehensive Plans May 30, 2007 Attachment number 2 Page 2 of 5 Inten::Jovernmental Coordination Element Objective: LOCAL GOVERNMENT shall continue to coordinate its Comprehensive Plan with plans of the School Board of Pinellas County and other local governments through participation in joint planning processes and procedures. Policy: Policy: Policy: Policy: Policy: LOCAL GOVERNMENT shall implement the Public Schools Interlocal Agreement in coordination with the School District and the other local governments that are signatories to the Agreement (the partner local governments). In fulfillment of Section 8 of the Public Schools Interlocal Agreement, LOCAL GOVERNMENT shall continue its participation on the Pinellas Schools Collaborative, which shall meet at least once a year to evaluate implementation of the Public Schools Interlocal Agreement and school concurrency, and propose amendments for improvement if deemed necessary. LOCAL GOVERNMENT, the School District, and the partner local governments shall coordinate annually in preparing a staff report on the effectiveness of school concurrency that will be presented at the annual meeting of the Pinellas Schools Collaborative, with the annual School Capacity and Level of Service Report form ing the basis for the staff report. LOCAL GOVERNMENT, the School District, and the partner local governments shall coordinate in amending the Public School Facilities Element according to the procedures in Section 10 of the Public Schools Interlocal Agreement, to ensure that the Public School Facilities Element within the local government comprehensive plans remains coordinated and consistent with one another and with the plans of the School Board. LOCAL GOVERNMENT, through the implementation of its concurrency management system and the Public Schools Interlocal Agreement, shall coordinate 2 Policy: Policy: Attachment number 2 Page 3 of 5 and share information with the School District and the Pinellas County Planning Department to determine whether there is available public school capacity to support the anticipated students from residential site plans and final residential subdivision approvals. LOCAL GOVERNMENT, its partner local governments, and the School District shall cooperate in establishing a procedural manual for implementation of school concurrency. This manual and any subsequent changes to the manual will be developed by the School Planning Workgroup and approved by the Pinellas Schools Collaborative. LOCAL GOVERNMENT shall coordinate with the School Board of Pinellas County to implement the public educational facilities siting requirements of Chapter 163 and Chapter 1013, F.S., as stipulated in the Interlocal Agreement for Public Educational Facilities Siting entered into between LOCAL GOVERNMENT and the School Board on [Insert day and month of local government action], 1996, or as it may be subsequently amended. 3 Attachment number 2 Page 4 of 5 Capital Improvements Element Objective: LOCAL GOVERNMENT, in coordination with the School District, shall ensure that the capacity of public schools is sufficient to support the anticipated students from residential site plans and final residential subdivision approvals consistent with the adopted level-of-service standard for public schools. Policy: LOCAL GOVERNMENT shall utilize the following level-of-service standard for public school facilities, which shall be applied consistently district-wide by the School District and by the local governments within Pinellas County that signed the Public Schools Interlocal Agreement (the partner local governments). District-wide level of Service Standard: Student enrollment plus vested students divided by Florida Inventory of School Houses (FISH) School Capacity plus additional capacity does not exceed 100 percent. This level-of-service standard shall apply to each type of public school facility. Policy: Policy: Policy: Amendments to the adopted level-of-service standard shall be accomplished using the procedure contained in Section 10 of the Public School Facilities Interlocal Agreement. The School Capacity and Level of Service Report, prepared by the School District, approved by the School Board, and delivered to LOCAL GOVERNMENT no later than November 30th of each year, and as adjusted throughout the year based on the official student enrollment count of the fall semester and the estimated number of vested students, shall be utilized by LOCAL GOVERNMENT as the basis for assessing the existing level of service conditions and the available capacity within each Concurrency Service Area. By December 1 st of each year, LOCAL GOVERNMENT shall adopt by reference the School District's Five-Year Work Program to ensure the level of service standard is achieved and maintained during 4 Policy: Policy: Attachment number 2 Page 5 of 5 the period covered by the five-year schedule within the Capital Improvements Element. The School Board, in coordination with the partner local governments, will use the procedure in Section 3(a) of the Public Schools Interlocal Agreement to annually update the District's Five-Year Work Program to maintain a financially-feasible capital improvements program that is able to achieve and maintain the adopted level of service standard within the period covered by the five-year schedule. LOCAL GOVERNMENT hereby adopts by reference, Sections of the School District's Five-Year Work Program for FY 2007/08 through 2011/12, as adopted by the School Board on _. 5 Attachment number 3 Page 1 of 88 PUBLIC SCHOOL FACILITIES ELEMENT APPROVED BY THE PINELLAS SCHOOLS COLLOBORATIVE June 6, 2007 Attachment number 3 Page 2 of 88 TABLE OF CONTENTS PAGE INTRODUCTION AND BACKGROUND.......................................................................... 1 LOCATION OF PINELLAS COUNTY IN FLORIDA.........................................................2 GOALS, OBJECTIVES, AND POLICIES ........................................................................3 ANALYSIS OF DEVELOPMENT TRENDS AND POPULATION PROJECTIONS ........15 Development ..................................................................................................... 15 Population.......................................................................................................... 15 INVENTORY OF FACILITIES AND EXISTING CONDITIONS...................................... 16 Existing Conditions........................................................................................................ 16 Facilities............................................................................................................. 17 Public School Options ............................. ....................... ................................... 17 Attendance Area Schools....................................................................... 17 Charter Schools...................................................................................... 17 Fundamental Schools.............................................................................. 21 Magnet Programs.................................................................................... 21 Exceptional Educational Facilities............................................................ 21 Gifted Program........................................................................................ 22 Secondary Educational Facilities............................................................. 22 Florida Inventory of School Houses (FISH) ........................................................ 22 School Concurrency and Concurrency Service Areas........................................ 23 Enrollment.......................................................................................................... 26 PROJECTIONS AND FUTURE CONDITIONS .............................................................36 Projected Enrollment District-Wide by School Type........................................... 42 Future Facilities for Future Needs ......................................................................43 Ancillary Facilities............................................................................................... 43 LEVEL OF SERVICE ANAL YSIS..................................................................................45 Level-of-Service Standard.................................................................................. 45 Adequacy of Public School Facilities.................................................................. 45 Additional Public School Facilities Needed to Maintain Level-of-Service Standard 5-year and Long Range Periods............................................... 45 CONCURRENCY MANAGEMENT SySTEM................................................................ 46 Mitigation Process.............................................................................................. 46 COORDINATION IN PROVIDING SUPPORTING PUBLIC INFRASTRUCTURE ........47 FINANCING PUBLIC SCHOOL FACILITIES AND SHARING COSTS .........................48 Capital Outlay Funding Sources......................................................................... 48 Cost of Existing Deficiencies and Future Needs................................................. 51 Ability to Finance Capital Improvements: Projection of Revenues and Expenditures............................................... 61 Debt Service Obligations.................................................................................... 62 Projection of Ad Valorem Tax Base....................................................................62 Facilities Operation Cost Considerations............................................................ 62 Debt Capacity..................................................................................................... 63 School Facility Costs and Cost Sharing.............................................................. 63 11 Attachment number 3 Page 3 of 88 TABLE OF CONTENTS (continued) PAGE INTERGOVERNMENTAL COORDINATION................................................................. 63 SAFE ACCESS TO PUBLIC SCHOOLS.......................................................................63 Sidewalks........................................................................................................... 63 PUBLIC SCHOOLS AS NEIGHBORHOOD FOCAL POINTS AND COMMUNITY INNOVATORS.............................................................................................................. 68 Location. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. 68 Sustainable Design............................................................................................. 68 Collocation with Other Public Facilities............................................................... 68 Emergency Shelters........................................................................................... 74 Unique Local Government Circumstances, Initiatives, etc.................................. 76 MONITORING AND EVALUATION............................................................................... 76 DEFINITIONS............................................................................................................... 77 APPENDICES A. INTERLOCAL AGREEMENT FOR PUBLIC EDUCATIONAL FACILITIES SITING ..................................................A-1 B. PUBLIC SCHOOLS INTERLOCAL AGREEMENT............................................B-1 C. SCHOOL DISTRICT FIVE-YEAR WORK PROGRAM ..................................... C-1 111 Attachment number 3 Page 4 of 88 LIST OF TABLES TABLE NO. & TITLE PAGE 1 5-Year Population Projections for Pinellas County............................................. 16 2 Historic Growth of Permanent Population in Pinellas County............................. 16 3 Charter Schools in Pinellas County.................................................................... 21 4 Inventory of Elementary Schools in Pinellas County and their Existing Enrollment and Capacities............................................................ 26 5 Inventory of Middle Schools in Pinellas County and their Existing Enrollment and Capacities............................................................ 31 6 Inventory of High Schools in Pinellas County and their Existing Enrollment and Capacities............................................................ 35 7 Inventory of Exceptional Public Schools in Pinellas County and their Existing Enrollment and Capacities............................................................ 36 8 Projected Enrollment by Year for 5-years for Each Elementary School Facility.................................................................................................... 37 9 Projected Enrollment by Year for 5-years for Each Middle School Facility.................................................................................................... 40 10 Projected Enrollment by Year for 5-years for Each High School Facility ................................................................................................... 41 11 2004 Educational Plant Survey........................................................................... 52 12 Five-Year Facilities Work Program for Pinellas County School District 2010-2025 Projected Costs of Major Repairs and Renovation Projects............. 56 13 Five-Year Facilities Work Program for Pinellas County School District Capital Outlay Projects....................................................................................... 57 14 Total Cost of Needed Capital Improvements for Pinellas County School District, 2010-2025 ................................................................................. 61 15 Five-Year Capital Outlay Plan Capital Outlay Projected Revenues- 2006/07 Through 2010/11 .................................................................................. 61 16 Five-Year Capital Outlay Plan Capital Outlay Projected Expenditures- 2006/07 Through 2010/11 .................................................................................. 62 17 Projection of School Taxable Value and Tax Collections ...................................62 18 Agreements Between the Pinellas County School Board and Local Governments, Agencies and Organizations for the Shared Use of Facilities...................................................................................... 69 19 2006 Hurricane Evacuation Shelter List............................................................. 75 IV Attachment number 3 Page 5 of 88 LIST OF FIGURES FIGURE NO. & TITLE PAGE 1 Public Elementary Schools in Pinellas County and the corresponding CSA's.................................................................................... 18 2 Public Middle Schools in Pinellas County and the corresponding CSA's.................................................................................... 19 3 Public High Schools in Pinellas County ..............................................................20 4 Exceptional Student Educational Facilities in Pinellas County........................... 24 5 Secondary Educational Facilities in Pinellas County.......................................... 25 6 Elementary School Attendance in Public School Facilities by CSA.................... 31 7 Middle School Attendance in Public School Facilities by CSA ........................... 34 8 Actual and Projected Enrollment By Elementary School Attendance Area through 2011........................................................................... 39 9 Actual and Projected Enrollment By Middle School Attendance Area through 2011 ...................................................................................................... 41 10 Actual and Projected Enrollment in Pinellas County High Schools through 2011 ..................................................................................................... 42 11 Long Range Student Enrollment Projections...................................................... 43 12 Ancillary Plants in Pinellas County .....................................................................44 13 North Pinellas County Sidewalk Network Map.................................................... 65 14 Central Pinellas County Sidewalk Network Map................................................. 66 15 South Pinellas County Sidewalk Network Map.................................................. 67 v Attachment number 3 Page 6 of 88 INTRODUCTION AND BACKGROUND The public school system in Pinellas County is based on a countywide district, encompassing all of the municipalities within the County and the unincorporated area. In 2005, the Florida Legislature passed Senate Bill 360, mandating that concurrency be established for public school facilities not granted an exemption. School concurrency requires that a community's adopted level of service standard for public schools is met, or a developer executes a legally binding commitment to provide mitigation proportionate to the demand created by the proposed development, before development orders are issued. The Florida Statutes require that local governments that have exceeded a certain minimum level of growth over the past five years, develop and adopt a Public School Facilities Element (PSFE), which forms the basis for implementing school concurrency and other subjects addressed in the updated Public Schools Interlocal Agreement that was entered into between the School Board, twelve municipalities, and Pinellas County. In response to this mandate, Pinellas County, together with the School District and all municipalities served by the Pinellas County School District that are required to implement school concurrency, began the process of creating a PSFE. A School Planning Workgroup was formed in January 2006 to address this new requirement, and included staff from each affected local government, the School District, and the Pinellas Planning Council. The Pinellas Schools Collaborative was formed from the 1906 Committee that prepared the original Public Schools Interlocal Agreement, which was executed in April 2003. The Collaborative consists of elected officials from Pinellas County, twelve municipalities, and the School Board. Together, the Workgroup and the Collaborative developed the updated Public Schools Interlocal Agreement, agreeing to create one PSFE that each local government would be able to adopt. This use of a single PSFE would ensure that there was consistency throughout the local governments and that development could be tracked countywide, further ensuring that public school facilities would not be adversely affected by additional development and redevelopment. The Workgroup and the Collaborative met numerous times to develop the updated Interlocal Agreement, and later the Element itself. 1 Attachment number 3 Page 7 of 88 Atlantic Ocean Gulf of Mexico PINELLAS COUNTY ...rJiIJI>:~"" :. Ij~~ Location of Pinellas County, Florida 2 Attachment number 3 Page 8 of 88 PUBLIC SCHOOL FACILITIES ELEMENT GOALS, OBJECTIVES AND POLICIES GOAL 1: THROUGH PARTNERSHIPS AND EFFECTIVE COLLABORATION AMONG LOCAL GOVERNMENTS AND THE PINELLAS COUNTY SCHOOL DISTRICT, AND BECAUSE OF A SHARED COMMITMENT TO EDUCATIONAL EXCELLENCE, ALL STUDENTS OF THE PINELLAS COUNTY SCHOOL DISTRICT SHALL BE PROVIDED THE OPPORTUNITY FOR HIGH STUDENT ACHIEVEMENT THROUGH THE AVAILABILITY OF HIGH QUALITY PUBLIC EDUCATIONAL FACILITIES. (Rule 9J-5.025 (3) (a), F.A.C) OBJECTIVE 1.1: LOCAL GOVERNMENT, its partner local governments, and the School District agree to coordinate and base their plans upon consistent projections of population growth and student enrollment, and will coordinate in sharing of information on proposed school facility changes, certain planned infrastructure improvements, and proposed land use plan amendments and/or rezonings that increase or decrease residential densities. (Rule 9J-5.025 (3)(b)5, F.A.C. & Section 163.31777(2)(a) & Section 163.31777(2)(b), F.S.) Policy 1.1.1: LOCAL GOVERNMENT, its partner local governments, and the School District, will utilize population growth projections prepared by the Pinellas County Metropolitan Planning Organization's Technical Coordinating Committee, when developing their plans and student enrollment projections, consistent with Section 2 of the Public Schools Interlocal Agreement. Policy 1.1.2: To ensure that land use and zoning decisions are adequately coordinated with public school facility planning, LOCAL GOVERNMENT shall continue to notify the School District of all Local Planning Agency hearings where land use plan amendments and/or rezonings will be considered that increase or decrease residential densities. (Section 163.31777(2), F.S.) Policy 1.1.3: LOCAL GOVERNMENT shall inform the School District in advance of infrastructure projects that will restrict vehicular or pedestrian accessibility to public schools with sufficient time for School District review and comment, in compliance with Section 3(b) of the Public Schools Interlocal Agreement. An example would be infrastructure projects that would disrupt the use of sidewalks that are utilized by students accessing public school facilities Policy 1.1.4: The School District shall notify LOCAL GOVERNMENT of the need for on site or off-site improvements to support new, proposed expansion, or redevelopment of existing schools within the jurisdiction of LOCAL GOVERNMENT. Thereafter, representatives of the School District and LOCAL GOVERNMENT will meet and determine the responsibility for making such improvements and identify other agencies that should be involved. The School District and LOCAL GOVERNMENT will then meet with the other agencies to coordinate the completion of the on-site and off-site improvements, in 3 Attachment number 3 Page 9 of 88 accordance with Section 5 of the Public Schools Interlocal Agreement. (Section 163.31777(2)(d), F.S. & Rule 9J-5.025(3)(c)5, F.A.C). OBJECTIVE 1.2: LOCAL GOVERNMENT, through implementation of its concurrency management system for public school facilities, and in coordination with the School District, shall ensure that there is available public school capacity to support the anticipated students from residential site plans and final residential subdivision approvals ("Residential Approvals") consistent with the adopted level-of-service standard for public school concurrency throughout the five years covered by the Five-Year Work Program, as amended, and the period of the long- range planning program contained in the Public School Facilities Element. (Rule 9J- 5.025(3)(b)2, F.A.C.) Policy 1.2.1 : LOCAL GOVERNMENT hereby adopts, consistent with Section 11 of the Public Schools Interlocal Agreement, the following level-of-service standard, which shall be applied consistently district-wide by all partner local governments within Pinellas County and by the School District. District-wide Level-of-Service Standard: Student enrollment plus vested students divided by Florida Inventory of School Houses (FISH) School Capacity plus additional capacity does not exceed 100 percent. This level-of-service standard shall apply to each type of public school facility. Policy 1.2.2: Policy 1.2.3: Policy 1.2.4: If the utilization rate established by the State Requirements for Educational Facilities (SREF) is changed and it will impact how the School District determines school capacity, the School District will notify all partner local governments of the change. Amendments to the adopted level-of-service standard shall be accomplished using the procedure contained in Section 10 of the Public Schools Interlocal Agreement. Within six months of the Public School Facilities Element being found in compliance, LOCAL GOVERNMENT shall amend its concurrency management system regulations in order to incorporate concurrency requirements for public school facilities, whereby Residential Approvals that are anticipated to generate demands for public school facilities will be contingent upon the availability of public school facility capacity, sufficient to achieve and maintain the adopted level-of-service standard. (Rule 9J- 5.025(3)(c)1, F.A.C. & Rule 9J-5.025 (3)(c)7, F.A.C.) 4 Attachment number 3 Page 10 of 88 Policy 1.2.5: School concurrency shall be measured and applied on the basis of Concurrency Service Areas, as established by the School Board and as documented in the data and analysis support section of the Public School Facilities Element. (Rule 9J-5.025(3)(c)1, F.A.C.) Policy 1.2.6: The School Board shall maximize school capacity through program adjustments andlor through adjustments to Concurrency Service Area boundaries, consistent with Section 12 of the Public Schools Interlocal Agreement, to ensure that each Concurrency Service Area will, in the aggregate, operate at the adopted level-of-service standard throughout the five-year period covered by the Five-Year Work Program, as amended. (Rule 9J-5.025(3)(c)1, F.A.C. & Section 120.54, F.S.) Policy 1.2.7: When adjusting Concurrency Service Area boundaries, the School Board shall take into consideration the factors identified in Section 12 of the Public Schools Interlocal Agreement. (Rule 9J-5.025(3)(c)1, F.A.C.) Policy 1.2.8: Consistent with Sections 1002.33(1) and 1002.33(2), F.S., LOCAL GOVERNMENT and the School District shall recognize charter schools as public school facilities. Such facilities shall serve to expand the school capacity of the School District and are a potential option for mitigating the impact that new Residential Approvals may have on public school facilities. Policy 1.2.9: LOCAL GOVERNMENT, its partner local governments, and the School District shall utilize the uniform, district-wide procedure in Section 13 of the Public Schools Interlocal Agreement to implement school concurrency within their respective jurisdictions. Policy 1.2.10: LOCAL GOVERNMENT and the School District shall utilize the School Capacity and Level of Service Report, prepared by the School District, approved by the School Board, and delivered to LOCAL GOVERNMENT, no later than November 30th of each year, and as adjusted throughout the year based on the official student enrollment count of the fall semester and the estimated number of vested students, as the basis for assessing the existing level of service conditions and the available capacity within each Concurrency Service Area. Policy: 1.2.11: In order to facilitate the accurate annual assessment of projected public school facility capacity, LOCAL GOVERNMENT shall, throughout the year, notify the Pinellas County Planning Department of development permits, including certificates of occupancy issued for new dwelling units and expired school concurrency Residential Approvals, that affect the availability of school capacity, consistent with Section 13 of the Public Schools Interlocal Agreement, so that an estimate of the number of vested students can be maintained for school concurrency purposes. (Section 163.31777(2)(b), F.S.) 5 Attachment number 3 Page 11 of 88 Policy 1.2.12: A school concurrency Residential Approval shall be valid for purposes of the issuance of development orders or permits [insert LOCAL GOVERNMENT timeframe here-not to exceed a period of 24 months] months from the date of Issuance. Policy 1.2.13: In accordance with Section 13 of the Public Schools Interlocal Agreement, if the School District determines that there is not Available Capacity within an affected Concurrency Service Area to accommodate the estimated number of students that would be generated by a proposed Residential Approval and maintain the adopted level-of-service standard, then the School District shall consider whether there is Available Capacity in the contiguous Concurrency Service Area(s). (Rule 9J-5.025(3)(c)8, F.A.C.) Policy: 1.2.14: If the School District determines that, in the aggregate, there is Available Capacity in the affected Concurrency Service Area and in the contiguous Concurrency Service Area(s) to accommodate the estimated number of students from the proposed Residential Approval, then an adequate level of service would be provided and the Residential Approval shall be issued a School Concurrency Approval by LOCAL GOVERNMENT. Policy 1.2.15: If the School District determines that, in the aggregate, there is not Available Capacity within an affected Concurrency Service Area and the adjacent Concurrency Service Area(s) to accommodate the estimated number of students from the proposed Residential Approval, a proposed Residential Approval will not proceed without execution of a legally binding development mitigation agreement between the applicant, the School Board, and LOCAL GOVERNMENT designed to mitigate the impacts anticipated to be caused by the proposed Residential Approval on public school facilities, consistent with Section 163.3180, F.S., and Section 13 of the Public Schools Interlocal Agreement. The applicant and the School Board shall attempt to negotiate a development mitigation agreement. If the applicant and the School Board are unable to agree on an acceptable form of mitigation, LOCAL GOVERNMENT may utilize the conflict resolution provision in Section 14 of the Public Schools Interlocal Agreement to attempt to resolve the impasse. Policy 1.2 16: A development mitigation agreement shall include the applicant's commitment to continue to renew the development agreement until the mitigation is completed as determined by the School Board or as determined through the conflict resolution procedures provided for in Section 14 of the Public Schools Interlocal Agreement, if applicable. (Rule 9J-5.025(3)(c)9, F.A.C.) Policy 1.2.17: Acceptable forms of proportionate share mitigation that may be allowed by the School Board and the standards that determ ine the appropriate use of any mitigation funds required by the School District are identified in Section 13 h. of the Public Schools Interlocal Agreement. (Rule 9J-5.025(3)(c)9, F.A.C.) 6 Attachment number 3 Page 12 of 88 Policy 1.2.18: LOCAL GOVERNMENT and the School District shall utilize student generation rates developed by the School District for purposes of calculating the anticipated number of public school students that would be generated by Residential Approvals and for developing student enrollment projections. (Rule 9J-5.025(3)(c)3, F.A.C. & Section 163.31777, F.S.) Policy 1.2.19: Prior to the utilization of new student generation rates, LOCAL GOVERNMENT, through its participation on the School Planning Workgroup, will have the opportunity to review and comment on the proposed student generation rates developed by the School District before they are finalized by the District. (Rule 9J-5.025(3)(c)3, F.A.C.) OBJECTIVE 1.3: The LOCAL GOVERNMENT five-year schedule of capital improvements shall include those projects necessary to address any existing public school facility deficiencies and future public school facility needs consistent with the adopted level-of-service standard. (Rule 9J-5.025(3)(b)1 and Rule 9J-5.025(3)(b)3, F.A.C.) Policy 1.3.1: By December 1 st of each year, LOCAL GOVERNMENT shall amend its Capital Improvements Element to incorporate, by reference, the updated School District Five-Year Work Program adding a new fifth year to maintain a financially feasible capital improvements program and to ensure the level-of- service standard will continue to be achieved and maintained throughout the subsequent five-year planning period. (Rule 9J-5.025(3)(c)2, F.A.C. & Section 163.3177(3)(b)1, F.S.). OBJECTIVE 1.4.: LOCAL GOVERNMENT shall practice effective intergovernmental coordination with its partner local governments and the School District to ensure that land use plans, development approvals, and capital facilities planning are coordinated with the availability of public school facilities. (Rule 9J-5.025 (3)(b)4, F.A.C.) Policy 1.4.1: LOCAL GOVERNMENT shall appoint one elected official to represent the LOCAL GOVERNMENT~s interest to the Pinellas Schools Collaborative, to provide for collaborative oversight and to provide coordination and direction regarding the conduct of the school concurrency process and implementation of the Public Schools Interlocal Agreement. Policy 1.4.2: LOCAL GOVERNMENT, the School District, and partner local governments shall coordinate annually in preparing a staff report on the effectiveness of school concurrency that will be presented at the annual meeting of the Collaborative, with the annual School Capacity and Level of Service Report form ing the basis for the staff report. 7 Attachment number 3 Page 13 of 88 Policy 1.4.3: LOCAL GOVERNMENT shall coordinate with the Pinellas County Planning Department in the maintenance of a countywide residential development tracking system, by providing necessary and timely development data, including demolitions and vested development data, required to accurately assess the impact of Residential Approvals on available school capacity. Policy 1.4.4: Amendment of the Public Schools Facilities Element shall occur according to the procedure in Section 10 of the Public Schools Interlocal Agreement to ensure that the Element within the local government comprehensive plans remains coordinated and consistent with one another and with the plans of the School Board. (Rule 9J-5.025 (3)(c)3, F.A.C. & Section 163.3177(12), F.S.) Policy 1.4.5: LOCAL GOVERNMENT, its partner local governments, and the School District shall coordinate in establishing a procedural manual for implementation of school concurrency. This manual and any subsequent changes to the manual will be developed by the School Planning Workgroup and approved by the Pinellas Schools Collaborative. GOAL 2: LOCAL GOVERNMENT SHALL COORDINATE WITH ITS PARTNER LOCAL GOVERNMENTS AND THE SCHOOL DISTRICT ON PROJECTS THAT ENCOURAGE COHESIVE NEIGHBORHOODS, THAT CONTRIBUTE TO COMMUNITY BUILDING, AND THAT PROVIDE FOR LONG-TERM SUSTAINABILlTY. (Rule 9J-5.025 (3) (a), F.A.C) Policy 2.1.1: LOCAL GOVERNMENT shall participate with the School District in the process of evaluating potential school closures, significant renovations to existing schools, and school site selection before land acquisition in accordance with the existing Interlocal Agreement for Public Educational Facilities Siting that was entered into with the School Board on [include date of local adoption, which will vary by jurisdiction], or as it may be subsequently amended. (Rule 9J-5.025(3)(c)4, F.A.C.) 8 Attachment number 3 Page 14 of 88 9 Attachment number 3 Page 15 of 88 10 Attachment number 3 Page 16 of 88 11 Attachment number 3 Page 17 of 88 OBJECTIVE 2.2: Consistent with Section 163.3177(6)(a), F.S., and consistent with the LOCAL GOVERNMENT future land use policies, LOCAL GOVERNMENT shall explore those opportunities where co-location of public facilities and public schools provides a mutual benefit, serves a desirable community purpose, or represents an efficient use of finances and staff resources. (Rule 9J-5.025, (3)(b)6, F.A.C. & Section 163.3177(12)(g), 163.3180(13)(g)2, F.S.) Policy 2.2.1: As the opportunity arises, LOCAL GOVERNMENT and the School Board, shall evaluate the ability to enter into an agreement to co-locate existing or planned school sites with other public facilities, including but not limited to: bike and pedestrian pathways, libraries, parks, community and recreational centers and facilities, museums, performing arts centers, auditoriums, stadiums, healthcare and social services and other uses as may be determined appropriate. (Rule 9J-5.025(3)(c)4, F.A.C.) Policy 2.2.2: Should LOCAL GOVERNMENT and the School Board determine that the co- location of public facilities is mutually advantageous and desirable, the appropriate method of agreement will be decided upon, and could include such options as, but not be limited to, interlocal agreement, LOCAL GOVERNMENT resolution, or memorandum of understanding. (Rule 9J-5.025(3)(c)4, F.A.C.) Objective 2.3: LOCAL GOVERNMENT will support the School District's commitment to sustainable design and operations, as public schools are integral contributors to the quality of the surrounding community. Policy 2.3.1: LOCAL GOVERNMENT and the School District will share information on sustainable design and green building practices, and take advantage of opportunities to incorporate demonstration projects and technologies onsite, so that local schools can serve as community models of environmental efficiency. GOAL 3: LOCAL GOVERNMENT WILL COORDINATE WITH THE SCHOOL DISTRICT AND OTHER LOCAL GOVERNMENTS TO IMPROVE THE SAFETY OF STUDENTS AS THEY ACCESS PUBLIC SCHOOL FACILITIES. (Rule 9J-5.025(3)(a), F.A.C) OBJECTIVE 3.1: LOCAL GOVERNMENT shall collaborate with the School District and other local governments to promote safe access for students to public school facilities. Policy 3.1.1: LOCAL GOVERNMENT shall participate on the School Transportation Safety Committee (STSC) of the Pinellas County Metropolitan Planning Organization (MPO) to identify locations within the County where student safety is a concern, and to develop recommendations in response to student safety issues raised by the School District, local governments, the School Transportation and 12 Attachment number 3 Page 18 of 88 Enhanced Pedestrian Safety (STEPS) Committee, or the community to enhance the safety of students accessing public school facilities. Policy 3.1.2: LOCAL GOVERNMENT shall consider implementation of recommendations from the STSC that affect its jurisdiction, in coordination with the School District and any agencies that have some involvement in the identified action, to support student access to public schools in a manner that both improves student safety and is compatible with the surrounding community. Policy 3.1.3: LOCAL GOVERNMENT shall cooperate with School District initiatives that implement STSC recommendations for modifications to a school campus. Policy 3.1.4: LOCAL GOVERNMENT shall, in its capital improvement program, [give priority to the**] construction of those sidewalks, crosswalks, bicycle paths, and other improvements that help to provide continuous access to public schools for pedestrians and bicyclists. **Some local governments may prefer having more flexibility and would replace 'qive priority to the' with 'determine the priority for' in this policy. Each local government will decide their level of commitment to providing these improvements by choosing which of these two wording choices to use. Policy 3.1.5: LOCAL GOVERNMENT shall annually update its Capital Improvements Element to identify the School District's capital needs in the Comprehensive Plan, enabling the coordination of existing and planned public school facilities with the required local capital projects needed to provide support services for the safety of public school students. Policy 3.1.6: For new development or redevelopment within a two-mile radius of any existing or planned public school facility, LOCAL GOVERNMENT [shall**] require the developer to construct sidewalks along the corridor contiguous to the property being developed that directly serves the public school facility, in support of Section 1013.36 (5), F.S. and the MPO 2025 Transportation Plan. **Some local governments may prefer having more flexibility and would replace 'shall' with 'mav'in this policy. Each local government will decide their level of commitment to providing these improvements by choosing which of these two wording choices to use. GOAL 4: OPPORTUNITIES ARE MAXIMIZED FOR PUBLIC SCHOOLS TO BE DESIGNED SUCH THAT THEY CAN SERVE A VITAL EMERGENCY MANAGEMENT PURPOSE IN TIMES OF DISASTER. OBJECTIVE 4.1: The safety of the public shall be a high priority when designing future public school facilities and renovating existing facilities. 13 Policy 4.1.1: Policy 4.1.2: Policy 4.1.3: Attachment number 3 Page 19 of 88 LOCAL GOVERNMENT shall coordinate with the School District and Pinellas County on emergency preparedness issues, including the use of public school facilities for emergency shelters. (Rule 9J-5.025(3)(c)11, F.A.C.) Future public school facilities that are not located within category 1, 2 or 3 evacuation zones, shall be designed to serve the public as emergency shelters, consistent with Section 1013.372 F.S. These public school facilities shall be designed according to the public shelter criteria outlined in the Florida Building Code. LOCAL GOVERNMENT shall annually update its Capital Improvements Element to ensure that the School District's capital needs are reflected in the Comprehensive Plan, enabling the coordination of existing and planned public school facilities with the required local capital projects needed to provide emergency shelter spaces, as identified by the Tampa Bay Regional Hurricane Evacuation Study, developed by the Tampa Bay Regional Planning Council. 14 Attachment number 3 Page 20 of 88 ANALYSIS OF DEVELOPMENT TRENDS AND POPULATION PROJECTIONS Development Development trends in Pinellas County are increasingly influenced by infill development and redevelopment. Due to the paucity of large tracts of vacant developable land, development in Pinellas County is primarily occurring on scattered vacant parcels within the existing urbanized area (infill development) and on previously developed parcels (redevelopment). In addition, the conversion of existing buildings to another use (e.g. apartments being converted to condominiums) is occurring to a limited extent. While no significant increase in dwelling unit densities is anticipated in most areas of Pinellas County, redevelopment with mixed uses and higher residential densities is being seen in downtown areas and town centers and is anticipated within certain commercial corridors, employment districts, and commercial centers throughout the County. The inclusion of residential development has been involved in creating (or re-creating) lively downtown areas and town centers. This type of development may become a catalyst for increased demand for public transportation and more walkable communities. Commercial centers and employment districts are also seeing some residential development as developers attempt to mix land uses to promote communities that are less dependent upon automobiles. Higher density dwelling units have not historically drawn a large number of families with school-aged children, suggesting that even with increased residential densities in specific locations, there should not be a significant increase in the school-aged population within Pinellas County. In 2005, 939 single-family detached homes were constructed in Pinellas County, compared with the construction of 745 condominium units and 805 townhome units. The larger number of these latter housing types supports the realization that large tracts of land are no longer available in Pinellas County on which to create single-family housing developments, while infill development is becoming more common. Population While many urban counties in the State of Florida are experiencing significant population growth, Pinellas County's growth is more restrained due to the extent of urban development that has already occurred. For this reason, Pinellas County does not foresee large increases in population in the years to come, and any increases will mainly be due to infill development and redevelopment projects. Table 1 displays the current estimate and twenty-year projection of population for Pinellas County, in 5-year increments. As is evident from this table, modest population gains are expected in the coming twenty years. Historic population growth is shown in Table 2. While population growth was very large (both numerically and as a percentage) through 1990, growth has slowed since then. In 2000, the average household size in Pinellas County was 2.17 persons, slightly smaller than both the statewide and national averages. Permanent residents 65 years of age or older accounted for 22.5% of the 2000 permanent population, representing a drop of 6.4% since 1990. From 1990-2000, the 5 to 24 year old age group increased by 12.1 %, impacting the demand for public educational facilities. While these figures suggest that the population is getting younger in Pinellas County, the rising cost of property in the County over the last several years can be a barrier to young families, which may explain the recent decrease in the number 15 Attachment number 3 Page 21 of 88 of public school students in the Pinellas County School District. Those families that are seeking an affordable single-family home to raise their children in may not find what they are looking for in Pinellas County, possibly causing them to seek housing elsewhere. TABLE 1 5-Year Population Projections for Pinellas County Year Permanent Population 944,773 964,478 979,488 990,703 999,912 Seasonal Population 78,116 79,708 80,917 81,824 82,551 TouristNisitor Pop 91,018 91,990 92,706 93,244 93,653 Total Population 1,113,907 1,136,176 1,153,111 1,165,771 1,176,116 TABLE 2 Historic Growth of Permanent Population and Student Enrollment in Pinellas County Year Permanent Population Percentage Increase Student Enrollment Percentage Increase 159,249 374,665 522,329 n/a 135% 39% 80,058 728,531 39% 87,135 8% 851,659 17% 93,522 7% 921,495 944,773 8% 3% 110,857 111,483 16% 1% INVENTORY OF PUBLIC SCHOOL FACILITIES AND EXISTING CONDITIONS Existing Conditions Currently, the Pinellas County School District operates 86 elementary schools, 23 middle schools and 19 high schools. These schools are divided into Choice Attendance Areas (CAAs) that allow students and their parents or guardians living within a CAA to have a choice as to which school within that CAA the students would like to attend. The Choice program was designed to increase the likelihood of voluntary integration by giving a choice to families. Choice was approved by the School Board in October 2000, as part of a federal court agreement granting the School District 'Unitary Status' and creating the agreement that brought an end to forced bussing. Students are assigned to a school based on their CAA, the capacities of schools, racial percentages, and preferences. Application of a traditional neighborhood school system would encounter a number of problems in Pinellas County. One problem was first brought to light with the redevelopment of the Sunshine Mall in Clearwater. The Sunshine Mall was redeveloped from the County's first indoor mall into several large, multi-family residential housing complexes. This redevelopment was anticipated to add a large number of students to the nearby public schools (in particular the adjacent elementary school), and those schools would have had a difficult time absorbing this large increase in the number of anticipated students. The CAAs allow the School District the flexibility of distributing student growth across a much broader area so that no one school is forced to absorb the full impact of a large residential project. 16 Attachment number 3 Page 22 of 88 This system also allows a degree of choice on the part of students and parents. A number of schools offer specialized programs, which in a neighborhood system, would only be available to those who live in close proximity to these schools. With the District's CAA program, students and their parents have the option of bidding to attend any school (including those with certain specializations) within their CAA, which may have previously been unavailable to them. Facilities Because Pinellas County is facing limited population growth and reduced numbers of public school students in the near-term, the focus of the Pinellas County School District will be on the maintenance or replacement of existing facilities, the expansion of those identified as being near or at capacity, and the use of existing school facilities for the community as a whole. The upgrading of existing facilities will also be of importance as Pinellas County strives to maintain state-of-the-art classrooms and learning facilities. Public School Options Attendance Area Schools The Pinellas County School District has divided the County into four Choice Attendance Areas for elementary schools and three Choice Attendance Areas for middle schools. These attendance areas allow for students to seek public school options outside of their immediate neighborhood and also allows for any potential overcrowding issues at one public school to be absorbed by other public school facilities that have available capacity. Families are able to select from a wide range of schools instead of being required to choose the one in their neighborhood. The names and locations of schools type of school are displayed on Figures 1, 2 and 3. The discussion on school concurrency in a following section states that Choice Attendance Areas have been selected to serve as Concurrency Service Areas for the purpose of implementing school concurrency. Consequently, the Concurrency Service Areas delineated on Figures 1, 2 and 3 are identical to the boundaries of the Choice Attendance Areas discussed in this section. Charter Schools Charter schools are public schools operating under a contractual agreement with the School Board. Charter schools offer innovative programs consistent with educational goals established by Florida Statutes, as part of the State's program of public education. The Pinellas County School District has granted charters for six charter schools as of February 2007. Charter schools are included in the overall student capacity of the School District and are available to absorb any potential overcrowding issues that may occur within the concurrency system. These facilities, however, are not subject to attendance area restrictions and are available to students countywide. See Figures 1, 2 and 3 for Charter School locations and Table 3 for a description of the Charter School locations and which grade levels are served by each. 17 Attachment number 3 Page 23 of 88 FIGURE 1 Public Elementary Schools in Pinellas County and the corresponding CSAs 18 Attachment number 3 Page 24 of 88 FIGURE 2 Public Middle Schools in Pinellas County and the Corresponding CSAs 19 Attachment number 3 Page 25 of 88 FIGURE 3 Public High Schools in Pinellas County 20 Attachment number 3 Page 26 of 88 TABLE 3 Charter Schools in Pinellas County GRADE LEVELS Plato Academy 1380 Pinehurst Rd., Dunedin 2817 S1. Mark Dr., Dunedin 2300 Belcher Rd., Largo 401 S. Old Coachman Rd., Clearwater 6605 Fifth Ave. N., S1. Petersburg 4901 Central Ave., S1. Petersburg K-5 Academie Da Vinci Athenian Academy Pinellas Prepatory Academy K-5 Grades 4-8 PreK-3 S1. Petersburg Collegiate High Grades 10-12 Life Skills Center Source: Pinellas County School District, 2007 Grades 9-12 Fundamental Schools A fundamental school is a family-oriented school whose structured environment, updated "back- to-basics" approach, and joint parent-teacher-student commitment provide quality education for all students in a safe environment. Important features include a focus on student responsibility and discipline, daily homework, a dress code which exceeds that of the School District, and required attendance at conferences and monthly parent meetings. There are seven countywide elementary and middle fundamental schools. The capacity of these schools, while not based on attendance areas, is available for the concurrency management system to absorb any potential concurrency issues in any given attendance area. See Figures 1 & 2 for Fundamental School listings and locations. Magnet Programs Pinellas County School District offers a wide range of magnet programs within existing public schools to students within the District, with very specialized curricula. While some of these programs are limited to those residing within the attendance area of the magnet school, there are some programs that are open to students Countywide. These programs reserve a certain percentage of their capacity for students residing within the attendance area in which the school is located and allow students from other attendance areas to have access to the remaining capacity. The capacity within these programs is available for concurrency purposes. See Figures 1 & 2 for those schools with magnet programs which offer both area and countywide seats. Excepuonal Student Educauon The Pinellas County School District operates five Exceptional Student Education (ESE) facilities within Pinellas County. Some of these facilities are located within existing public school facilities while others stand alone, and each provides education for elementary, middle and high school levels. The goal of the ESE program is to provide quality services that support effective learning opportunities for all exceptional children. While the ESE facilities are subject to attendance areas, exceptions can be made to accommodate those students who desire to remain with a program, should they relocate to another attendance area within the County. ESE facilities are not included in the concurrency system as the facilities are not suitable for the general school 21 Attachment number 3 Page 27 of 88 population and are not able to absorb any overcrowding issues that may occur within the concurrency system. While not available for the general student population, as of 2007, ESE facilities were operating at 57% capacity, allowing sufficient room for any future growth in the area. For the locations and listings of ESE facilities, see Figure 4. Gifted Program The goal of the Gifted Program is to provide a positive learning environment in which all students have the opportunity to reach their highest potential as citizens who can meet the challenges of a changing global society. This program operates within the ESE program. Public school students are referred to the school program by teachers, and are then evaluated using the Kaufman Brief Intelligence Test. According to the State of Florida criteria for the gifted, students must score at least two standard deviations above the mean on the individually administered standardized test of intelligence. In addition, a student must demonstrate a majority of the characteristics of a gifted student according to a standard checklist and show a need for programming beyond the regular classroom. Students who qualify for the gifted program may take gifted classes at their own individual schools, at gifted centers, or at Ridgecrest Elementary which offers a full-time gifted program. These programs are offered in addition to regular classes and are not considered to be additional capacity for the purpose of school concurrency. Secondary Educational Facilities There are seven public school facilities in Pinellas County that operate as secondary schools. These schools act as alternative schools for those students at risk of not making continuous progress in school. These facilities are not based on attendance areas and are open to students across the County, but they do tend to draw their attendance from a regional area. The capacity of these facilities is not included in the concurrency system, as their sole purpose is to provide education for those students who are at risk of dropping out of school before completion. As of 2007, these facilities were operating at 61 % of capacity, allowing for future demand for these facilities to be absorbed. Secondary facilities are shown on Figure 5. Florida Inventory of School Houses (FISH) The Florida Inventory of School Houses was developed by the State of Florida Department of Education to calculate the maximum capacity of school facilities within the State. This inventory takes both permanent and portable student stations into account in the calculations of student capacities. FISH capacity is calculated by the State, and the School District has an opportunity to comment on those calculations before they become finalized. Capacity is calculated using a utilization rate established by the State Requirement for Educational Facilities (SREF). The most recent utilization rate was established in August 2005. However, that rate may be changed by SREF at any time and capacity will need to be calculated according to the most current rate. Any changes in the utilization rate are not expected to have a significant impact on school concurrency in Pinellas County, as the Concurrency Service Areas (CSAs) are neither overcrowded nor expecting any significant growth, and could absorb a potential slight decrease in calculated capacity, should such an instance arise, and still provide adequate capacity for projected student enrollment. 22 Attachment number 3 Page 28 of 88 School Concurrency and Concurrency Service Areas In Pinellas County, school concurrency is implemented based on Concurrency Service Areas (CSA). These CSAs are being established to coincide with the boundaries of the existing Choice Attendance Areas (CAA), which are subject to change by the School Board through an established public process. Because of this system, Pinellas County is able to look at concurrency and future demands for school facilities on a smaller scale than countywide, yet retain the ability to utilize the combined capacity of the schools in a CSA when fulfilling the requirements of school concurrency. Figures 1, 2 & 3 show the location of each school facility in Pinellas County, by school type and the corresponding CSAs. Currently, elementary schools are divided into four CSAs, middle schools into three CSAs, and high schools have a CSA that encompasses the entire County. There are some exceptions to the CSA boundaries; magnets, fundamental, secondary and exceptional student educational facilities, often draw students from beyond the CSA boundaries in which they are located and allow attendance on a countywide level. Section 12 of the Public Schools Interlocal Agreement (Appendix B) establishes the process by which the School Board may modify a Concurrency Service Area or redefine the Concurrency Service Area as a different type of area. In order to ensure that development is only permitted when adequate public school capacity is available, a uniform school concurrency procedure was developed and established in the Public Schools Interlocal Agreement. When a residential site plan or a final residential subdivision is submitted for approval, the partner local governments will work together with the School District to ensure that capacity is available for the anticipated number of students that the proposed residential development would generate. When capacity is not available, adjacent CSAs will be examined to determine if capacity is available within their boundaries. If adequate capacity is still not available, the site plan or final residential subdivision will not be approved until the developer has executed a development agreement with the School Board and the applicable local government to mitigate the impacts of the proposed development on public school facilities. 23 FIGURE 4 Exceptional Educational Facilities in Pinellas County 24 Attachment number 3 Page 29 of 88 FIGURE 5 Secondary Educational Facilities in Pinellas County 25 Attachment number 3 Page 30 of 88 Attachment number 3 Page 31 of 88 Enrollment Existing enrollment within the Pinellas County School System is calculated twice yearly: once on the first day of school, and again in October of the school year, to determine the official number of students that are attending the schools. Tables 4, 5 & 6 display the number of students attending Pinellas County schools, by school level, in 2006/2007, and the capacity of each school, as determined by the Florida Inventory of School Houses (FISH) standards. Figures 6 & 7 display the percentage of the public school students enrolled within each Concurrency Service Area (CSA), by school type. SURPLUS CAPACITY BASED ON SITE SIZE EXISTING REQUIREMENTS EXISTING FISH CONTAINED EXISTING SCHOOL CAPACITY WITHIN DOE ENROLLMENT ATTENDANCE (2006- PERCENT DESIGN SCHOOL NAME (2006-2007) ZONE 2007) UTILIZATION CRITERIA Azalea 600 A 719 87% 119 Bay Point Area Seats 242 A 231 104% -11 Bear Creek 522 A 641 83% 119 Blanton 612 A 1,043 75% 431 Campbell Park 588 A 584 99% -4 Clearview Avenue 428 A 544 78% 116 Doug Jamerson 604 A 601 102% -3 Fairmount Park 592 A 723 86% 131 Gulf Beaches 354 A 357 94% 3 Gulfport 469 A 579 73% 110 James Sanderlin 539 A 579 99% 40 John M Sexton 751 A 854 91% 103 Lakewood 509 A 637 86% 128 Lynch 563 A 883 71% 320 Maximo 653 A 698 102% 45 Melrose Area Seats 267 A 328 78% 61 Mount Vernon 462 A 481 88% 19 North Shore 484 A 542 94% 58 Northwest 698 A 743 98% 45 Perkins Area Seats 95 A 251 38% 156 Rio Vista 415 A 647 64% 232 Sawgrass Lake 655 A 713 92% 58 Seventy-Fourth Street 555 A 677 82% 122 TABLE 4 Inventory of Elementary Schools in Pinellas County and their Existing Enrollment and Capacities 26 Attachment number 3 Page 32 of 88 SURPLUS CAPACITY BASED ON SITE SIZE EXISTING REQUIREMENTS EXISTING FISH CONTAINED EXISTING SCHOOL CAPACITY WITHIN DOE ENROLLMENT ATTENDANCE (2006- PERCENT DESIGN SCHOOL NAME (2006-2007) ZONE 2007) UTILIZATION CRITERIA Shore Acres 641 A 593 108% -48 Tyrone 610 A 938 65% 328 Westgate 761 A 728 105% -33 Woodlawn 530 A 699 76% 169 All ----- . 14,199 17,013 83% 2,814 II I III Atl -......... _.--...--._ .T .II\I~I I,nn....... STI I U1~1 SI+~72 I~ .1,251..~I:.AI~J .15,471 18,264 86% 2,793 Anona 416 B 372 112% -44 Bardmoor 600 B 603 103% 3 Bauder 774 B 745 109% -29 Cross Bayou 557 B 796 72% 239 Frontier 764 B 741 101% -23 FuguiU 599 B 717 88% 118 High Point 571 B 653 83% 82 Lealman Avenue 481 B 687 75% 206 Madeira Beach 431 B 537 88% 106 Marjorie Kinnan Rawlings 628 B 672 101% 44 Mildred Helms 671 B 708 95% 37 Oakhurst 712 B 689 102% -23 Orange Grove 385 B 397 89% 12 Pinellas Central 619 B 537 121% -82 Pinellas Park 651 B 703 96% 52 Ridgecrest Area Seats 274 B 250 110% -24 Seminole 696 B 871 80% 175 Skyview 576 B 665 87% 89 Southern Oak 629 B 564 112% -65 Starkey 629 B 719 87% 90 Walsingham 657 B 667 99% 10 27 Attachment number 3 Page 33 of 88 SCHOOL NAME EXISTING ENROLLMENT (2006-2007) EXISTING SCHOOL ATTENDANCE ZONE EXISTING FISH CAPACITY (2006- 2007) PERCENT UTILIZATION SURPLUS CAPACITY BASED ON SITE SIZE REQUIREMENTS CONTAINED WITHIN DOE DESIGN CRITERIA Belleair 649 C 615 91% -34 Belcher 632 C 631 100% -1 Eisenhower 517 C 792 95% 275 Largo Central 406 C 442 92% 36 Leila Davis 736 C 741 99% 5 McMullen-Booth 722 C 783 92% 61 North Ward** 276 C 336 82% 60 Plumb 783 C 792 99% 9 Ponce De Leon 659 C 685 96% 26 Safety Harbor 653 C 709 92% 56 Skycrest 632 C 800 79% 168 South Ward** 294 C 398 74% 104 Brooker Creek Curlew Creek Cypress Woods 633 614 716 D D D 729 699 741 98% 97% 100% 96 85 25 28 Attachment number 3 Page 34 of 88 SURPLUS CAPACITY BASED ON SITE SIZE EXISTING REQUIREMENTS EXISTING FISH CONTAINED EXISTING SCHOOL CAPACITY WITHIN DOE ENROLLMENT ATTENDANCE (2006- PERCENT DESIGN SCHOOL NAME (2006-2007) ZONE 2007) UTILIZATION CRITERIA Dunedin 572 D 644 94% 72 Forest Lakes 754 D 748 105% -6 Garrison-Jones 716 D 674 105% -42 Highland Lakes 705 D 641 112% -64 Kings Highway 352 D 555 75% 203 Lake Saint George 622 D 687 95% 65 Oldsmar 579 D 597 107% 18 Ozona 710 D 705 102% -5 Palm Harbor 410 D 467 93% 57 San Jose 470 D 645 73% 175 Sandy Lane 430 D 581 74% 151 Sunset Hills 596 D 579 103% -17 Sutherland 596 D 669 89% 73 462 D 725 64% 263 Academie DaVinci 113 COUNTYWIDE* 200 57% 87 Athenian Academy 85 COUNTYWIDE* 240 35% 155 Pinellas Prep. Academy Inc. 67 COUNTYWIDE* 170 39% 103 Plato Academy Charter 143 COUNTYWIDE* 180 79% 37 Bay Point Countywide Seats 504 COUNTYWIDE* 504 100% 0 29 Attachment number 3 Page 35 of 88 SURPLUS CAPACITY BASED ON SITE SIZE EXISTING REQUIREMENTS EXISTING FISH CONTAINED EXISTING SCHOOL CAPACITY WITHIN DOE ENROLLMENT ATTENDANCE (2006- PERCENT DESIGN SCHOOL NAME (2006-2007) ZONE 2007) UTILIZATION CRITERIA Bay Vista Fundamental 629 COUNTYWIDE* 579 104% -50 Curtis Fundamental 416 COUNTYWIDE* 374 116% -42 Lakeview 290 COUNTYWIDE* 304 95% 14 Melrose Countywide Seats 224 COUNTYWIDE* 224 100% 0 Pasadena Fundamental 448 COUNTYWIDE* 394 114% -54 Perkins Countywide Seats 480 COUNTYWIDE* 480 100% 0 Ridgecrest Countywide Seats 415 COUNTYWIDE* 415 100% 0 Tarpon Springs Fundamental 278 COUNTYWIDE* 232 120% -46 Source: Pinellas County School District, 2007. *Countywide seats have been re-distributed among the concurrency service areas according to the percentage of total enrollment that each service area had in 2006/2007. ** These schools are listed in FISH as C-3 designation because of age of facilities and smaller site size, but these highly chosen schools still provide adequate student stations for determining capacity. Because these are considered adequate student stations, they will be included by the Pinellas County School District when determining FISH capacity for purposes of school concurrency. 30 Attachment number 3 Page 36 of 88 FIGURE 6 Elementary School Attendance in Public School Facilities by CSA Countyw ide 1111111 CSA A 111111 CSA B 111111 CSA C 111111 CSA D 111111 Countywide 1 Source: Pinellas County School District, 2006. SURPLUS CAPACITY BASED ON SITE ACTUAL SIZE EXISTING REQUIREMENTS EXISTING FISH CONTAINED EXISTING SCHOOL CAPACITY WITHIN DOE ENROLLMENT ATTENDANCE (2006- PERCENT DESIGN SCHOOL NAME (2006-2007) ZONE 2007) UTILIZATION CRITERIA Azalea 1,191 A 1,349 88% 158 Bay Point Area Seats 549 A 600 92% 51 John Hopkins Area Seats 491 A 647 76% 156 Meadowlawn 1,078 A 1,321 82% 243 Riviera 879 A 1,247 70% 368 Thurgood Marshall 563 A 934 60% 371 Tyrone 942 A 1,216 77% 274 ATTENDANCE AREA 'A'TOTAL 5,693 7,314 78% 1,621. TABLE 5 Inventory of Middle Schools in Pinellas County and their Existing Enrollment and Capacities 31 SCHOOL NAME ATTENDANCE AREA 'A' TOTAL CAPACITY INCLUDING COUNTYWIDE STUDENT & SEAT DISTRIBUTION (1,230 STUDENTS & 1,494 SEATS) Largo Madeira Beach Morgan Fitzgerald Osceola Pinellas Park Seminole ATTENDANCE AREA 'B'TOTAL ATTENDANCE AREA 'B' TOTAL CAPACITY INCLUDING COUNTYWIDE STUDENT & SEAT DISTRIBUTION (1,623 STUDENTS & 1,826 SEATS) Dunedin Highland Joseph L Carwise Kennedy Oak Grove Palm Harbor Safety Harbor Tarpon Springs ATTENDANCE AREA 'C' TOTAL Attachment number 3 Page 37 of 88 EXISTING ENROLLMENT (2006-2007) EXISTING SCHOOL ATTENDANCE ZONE ACTUAL EXISTING FISH CAPACITY (2006- 2007) SURPLUS CAPACITY BASED ON SITE SIZE REQUIREMENTS CONTAINED WITHIN DOE DESIGN CRITERIA PERCENT UTILIZATION 1,148 B 1,604 72% 456 1,121 B 1,135 99% 14 1,182 B 1 ,495 79% 313 1,182 B 1,240 95% 58 1,015 B 1,397 73% 382 1 B 1 100% -3 1 ,404 C 1,561 90% 157 1,310 C 1,248 105% -62 641 C 1,045 61% 404 1,021 C 1,136 90% 115 1 ,404 C 1,410 100% 6 1,345 C 1,345 100% 0 1,299 C 1,266 103% -33 32 Attachment number 3 Page 38 of 88 SCHOOL NAME EXISTING ENROLLMENT (2006-2007) EXISTING SCHOOL ATTENDANCE ZONE ACTUAL EXISTING FISH CAPACITY (2006- 2007) PERCENT UTILIZATION SURPLUS CAPACITY BASED ON SITE SIZE REQUIREMENTS CONTAINED WITHIN DOE DESIGN CRITERIA ATTENDANCE AREA 'C' TOTAL CAPACITY INCLUDING COUNTYWIDE STUDENT & SEAT DISTRIBUTION (1,967 STUDENTS & 2,214 SEATS) Bay Point Countywide Seats 667 COUNTYWIDE 667 100% 0 Clearwater Intermediate 386 COUNTYWIDE 624 62% 238 Coachman Fundamental 549 COUNTYWIDE 474 116% -75 Dunedin Highland 1,106 COUNTYWIDE 1 ,404 79% 298 John Hopkins Countywide Seats 810 COUNTYWIDE 810 100% 0 Lealman Intermediate 404 COUNTYWIDE 490 82% 86 North Pinellas Secondary 70 COUNTYWIDE -70 Norwood Secondary 63 COUNTYWIDE 22 286% -41 Safety Harbor Secondary 43 COUNTYWIDE 170 25% 127 Souths ide Fundamental** 639 COUNTYWIDE 693 92% 54 COUNTYWIDE ATTENDANCE AREA TOTAL Pinellas Prepatory Academy 181 COUNTYWIDE 180 101% -1 CHARTER SCHOOL TOTAL Source: Pinellas County School District, 2006. *Countywide seats have been re-distributed among the attendance areas according to the percentage of total enrollment that each attendance area had in 2006/2007. ** These schools are listed in FISH as C-3 designation because of age of facilities and smaller site size, but these highly chosen schools still provide adequate student stations for determining capacity. Because these are considered adequate student stations, they will be included by the Pinellas County School District when determining FISH capacity for purposes of school concurrency. 33 Attachment number 3 Page 39 of 88 FIGURE 7 Middle School Attendance at Public School Facilities by CSA o CSA A II CSA B o CSA C o Countywide Source: Pinellas County School District, 2006. 34 Attachment number 3 Page 40 of 88 TABLE 6 Inventory of High Schools in Pinellas County and their Existing Enrollment and Capacities SURPLUS CAPACITY BASED ON SITE SIZE EXISTING EXISTING REQUIREMENTS EXISTING SCHOOL FISH CONTAINED ENROLLMENT ATTENDANCE CAPACITY PERCENT WITHIN DOE SCHOOL NAME (2006-2007) ZONE (2005-2006) UTILIZATION DESING CRITERIA Bayside 316 COUNTYWIDE 809 39% 493 Boca Ciega 1,947 COUNTYWIDE 2,175 90% 228 Clearwater 2,138 COUNTYWIDE 2,268 94% 130 Countryside 2,436 COUNTYWIDE 2,592 94% 156 Dixie Hollins 1,882 COUNTYWIDE 2,232 84% 350 Dunedin 2,016 COUNTYWIDE 1,907 106% -109 East Lake 2,291 COUNTYWIDE 2,081 110% -210 Gibbs 2,302 COUNTYWIDE 2,532 91% 230 Lakewood 1,634 COUNTYWIDE 1,799 91% 165 Largo 2,215 COUNTYWIDE 2,456 90% 241 Northeast 2,094 COUNTYWIDE 2,064 101% -30 Oak Park 263 COUNTYWIDE 611 43% 348 Osceola 1,718 COUNTYWIDE 1,723 100% 5 Palm Harbor University 2,250 COUNTYWIDE 2,484 91% 234 Pinellas Park 2,317 COUNTYWIDE 2,223 104% -94 Seminole 2,226 COUNTYWIDE 2,025 110% -201 S1. Petersburg 2,339 COUNTYWIDE 1,928 121% -411 Tarpon Springs 1,943 COUNTYWIDE 1,976 98% 33 COUNTYWIDE HIGHSCHOOL CONCURRENCY SERVICE AREA TOTAL 34,327 ~I; AAI; 92% 1,558 Life Skills Center S1. Petersburg 269 COUNTYWIDE 450 60% 181 179 COUNTYWIDE 175 102% -4 35 Attachment number 3 Page 41 of 88 TABLE 7 Inventory of Exceptional Public Schools in Pinellas County and their Existing Enrollment and Capacities SURPLUS CAPACITY BASED ON SITE SIZE REQUIREMENTS EXISTING EXISTING CONTAINED EXISTING SCHOOL FISH WITHIN DOE ENROLLMENT ATTENDANCE CAPACITY PERCENT DESIGN SCHOOL NAME (2006-2007) ZONE (2005-2006) UTILIZATION CRITERIA Calvin Hunsinger Exceptional 156 COUNTYWIDE 319 49% 163 Hamilton Disston SED Center 179 COUNTYWIDE 299 60% 120 Nina Harris Exceptional 262 COUNTYWIDE 429 61% 167 Paul B Stephens Exceptional 230 COUNTYWIDE 307 76% 77 Richard Sanders School 147 COUNTYWIDE 343 43% 196 COUNTYWIDE TOTAL FOR ALTERNATIVE SCHOOL. FACTIUTIES 974 1,697 .57%. 723 Source: Pinellas County School District, 2006. PROJECTIONS AND FUTURE CONDITIONS Tables 8, 9 & 10 display the projected student population figures through 2011. Figures 8, 9 & 10 display those projections in a graphic format over 5 years by CSA. As is evident from the tables below, minimal growth in the number of students in the Pinellas County School District is projected, and a slight decline in the number of Pinellas County School District students is possible given recent enrollment activity. Because of this, the School District will not be placing their focus on the construction of additional schools. Instead, the School District will focus on maintenance and improvement of existing facilities in order to continue to provide quality educational facilities for the school-aged population in Pinellas County, and to respond to the decrease in the student/teacher ratios required to address the requirements of the class-size amendment. Because of the minimal increase in the projected student population, the adopted level-of-service standard (LOSS) for public school facilities should continue to be met over the coming years, as overcrowding of facilities is not anticipated. Existing excess capacity will, however, be utilized as needed for the class-size amendment, and use of portable classrooms will continue to provide flexibility in responding to this constitutional amendment. 36 Attachment number 3 Page 42 of 88 TABLE 8 Projected Enrollment by Year for 5-years for Each Elementary School Facility** 2006/200 Map Actual Projected Projected Projected Projected Projected 7 FISH No.* School Name 2006 2007 2008 2009 2010 2011 Capacity ELEMENTARY SCHOOLS 64 Azalea 603 602 607 613 610 607 719 76 Bay Point 747 728 732 740 742 738 735 65 Bear Creek 521 512 516 516 518 516 641 50 Blanton 612 622 631 626 625 624 1043 69 Campbell Park 592 622 574 571 578 593 584 60 Clearview Avenue 427 395 409 422 424 414 544 68 Doug Jamerson 602 641 607 611 608 619 601 67 Fairmount Park 596 685 640 633 621 642 723 73 Gulf Beaches 355 378 361 356 356 363 357 66 Gulfport 465 501 470 454 458 472 579 72 James Sanderlin 537 544 549 558 551 549 579 77 John M. Sexton 750 725 719 729 736 732 854 75 Lakewood 505 584 577 573 551 561 637 53 Lynch 566 584 597 605 592 589 883 74 Maximo 651 648 648 666 661 657 698 70 Melrose 492 496 502 505 501 499 655 61 Mount Vernon 461 472 459 448 452 459 481 62 North Shore 478 512 519 519 505 508 542 59 Northwest 701 696 716 722 715 709 743 71 Perkins 574 566 573 575 575 572 731 54 Rio Vista 416 420 422 421 419 420 647 52 Sawgrass Lake 652 674 669 667 662 666 713 Seventy-Fourth 56 Street 556 568 565 565 562 564 677 55 Shore Acres 639 688 664 651 647 660 593 57 Tyrone 607 618 618 625 619 619 938 58 Westgate 762 740 748 752 755 750 728 63 Woodlawn 529 562 554 544 539 546 699 Elementary Total Area A 15396 15783 5646 15667 15582 15648 18324 32 Anona 417 388 404 410 412 404 372 41 Bardmoor 596 664 634 632 620 635 603 37 Bauder 774 782 785 790 785 784 745 42 Cross Bayou 557 594 583 577 571 578 796 33 Frontier 764 750 743 739 748 748 741 34 FuguiU 597 591 606 604 602 598 717 35 High Point 568 616 590 576 573 587 653 51 Lealman Avenue 480 494 503 509 499 498 687 47 Madeira Beach 436 406 429 441 439 428 537 49 Marjorie K. Rawlings 628 666 661 663 651 656 672 30 Mildred Helms 669 670 657 665 666 668 708 36 Oakhurst 712 662 676 683 693 682 689 46 Orange Grove 385 384 347 348 360 368 397 43 Pinellas Central 619 624 627 632 628 626 537 48 Pinellas Park 649 676 683 682 671 673 703 31 Ridgecrest 685 642 662 667 673 663 665 37 Attachment number 3 Page 43 of 88 2006/200 Map Actual Projected Projected Projected Projected Projected 7 FISH No.* School Name 2006 2007 2008 2009 2010 2011 Capacity 45 Seminole 694 714 721 716 709 710 871 44 Skyview 575 558 570 566 569 566 665 38 Southern Oak 627 652 645 646 640 644 564 40 Starkey 628 648 643 640 636 640 719 39 Walsingham 658 666 657 668 665 665 667 Elementary Total Area .B 12718 12847 2826 12854 12810 12821 13708 28 Belcher 650 652 635 639 643 646 631 25 Belleair 521 550 535 535 530 537 615 22 Eisenhower 702 750 760 759 740 743 792 29 Largo Central 406 430 428 427 420 423 442 15 Leila G. Davis 734 740 727 719 724 729 741 20 Mc Mullen-Booth 722 702 712 711 715 711 783 17 North Ward *** 282 275 277 276 278 277 336 26 Plumb 787 772 782 783 784 780 792 27 Ponce DeLeon 656 659 659 658 657 658 685 21 Safety Harbor 654 652 639 639 644 647 709 23 Skycrest 632 641 643 644 640 640 800 24 South Ward *** 295 302 306 303 300 301 398 Elementary Total AreaC 7041 7125 7103 7093 7075 7092 7724 3 Brooker Creek 634 594 633 662 652 633 729 12 Curlew Creek 619 634 650 658 645 641 699 4 Cypress Woods 717 706 703 708 711 709 741 16 Dunedin 572 588 600 601 592 590 644 13 Forest Lakes 752 710 736 744 747 734 748 10 Garrison-Jones 715 677 689 693 700 692 674 6 Highland Lakes 704 688 717 717 713 705 641 19 Kings Highway 353 456 460 443 414 427 555 11 Lake S1. George 622 588 612 618 620 609 687 14 Oldsmar 583 588 603 616 605 599 597 7 Ozona 711 682 694 696 701 695 705 8 Palm Harbor 406 388 402 412 410 403 467 9 San Jose 471 490 504 521 504 499 645 18 Sandy Lane 432 490 518 524 492 492 581 1 Sunset Hills 596 650 616 600 599 616 579 5 Sutherland 596 628 642 640 625 626 669 2 Tarpon Springs 462 524 550 566 530 528 725 Elementary Total Area .D 9945 10081 0329 10419 10260 10198 11086 Bay Vista 82 Fundamental 629 640 622 619 623 628 579 79 Curtis Fundamental 416 435 434 434 428 430 374 Lakeview 81 Fundamental 290 290 290 290 290 290 304 Pasadena 80 Fundamental 455 470 647 462 459 463 394 Tarpon Springs 78 F ndamental 279 290 287 287 284 286 232 Elementary Total Fundamental 2069 2125 .2280. 2092 2084 2097 1883 38 Attachment number 3 Page 44 of 88 Source: Pinellas County School District, 2007. *'Map #' refers to the number of each school on Figure 1 **Projections and capacities do not include charter, exceptional or secondary educational facilities. *** These schools are listed in FISH as C-3 designation because of age of facilities and smaller site size, but these highly chosen schools still provide adequate student stations for determining capacity. Because these are considered adequate student stations, they will be included by the Pine lias County School District when determining FISH capacity for purposes of school concurrency. 18000 - c 1 &lOO Qj .5 12000 e c 9000 w - c 6000 Qj "C :::l 3000 en 0 FIGURE 8 Actual and Projected Enrollment by Elementary Concurrency Service Area through 2011 8ementary A 8ementary D 8ementary B 8ementary Fundamental 8ementary C Actual 2004 Actual 2005 Actual 2006 Projected Projected Projected Projected Projected 2007 2008 2009 2010 2011 Year Source: Pinellas County School District, 2007. 39 Attachment number 3 Page 45 of 88 TABLE 9 Projected Enrollment by Year for 5-years for Each Middle School Facility** 2006/2007 Map Actual Projected Projected Projected Projected Projected FISH No.* School Name 2006 2007 2008 2009 2010 2011 Capacity MIDDLE SCHOOLS 14 Azalea 1,190 1200 1251 1243 1225 1217 1349 19 Bay Point 1,221 1200 1214 1218 1219 1213 1267 17 John Hopkins 1,302 1260 1283 1303 1303 1288 1457 15 Meadowlawn 1,081 1150 1187 1183 1149 1149 1321 16 Riviera 875 970 1013 1000 958 962 1247 18 Thurgood Marshall 570 570 590 581 577 575 934 20 Tyrone 938 880 950 945 943 922 1216 Middle. Total Area A 7177 7230 7488 7473 7374 7326 8791 10 Fitzgerald 1180 1190 1234 1222 1208 1202 1495 8 Largo 1151 1125 1170 1176 1167 1153 1604 13 Madeira Beach 1118 1115 1164 1147 1137 1130 1135 11 Osceola 1183 1145 1161 1162 1169 1161 1240 12 Pinellas Park 1012 1060 1087 1079 1056 1058 1397 9 Seminole 1206 1150 1164 1163 1177 1168 1200 MiddleTotalAreaB 6850 6785 6980 6949 6914 6872 8071 4 Dunedin Highland 1101 1115 1149 1135 1124 1121 1561 2 Joseph L. Carwise 1310 1260 1286 1301 1304 1289 1248 5 Kennedy 642 785 843 820 760 768 1045 7 Oak Grove 1025 1050 1065 1060 1048 1049 1136 3 Palm Harbor 1405 1370 1403 1415 1412 1398 1410 6 Safety Harbor 1345 1350 1367 1373 1364 1359 1345 1 Tarpon Springs 1298 1300 1354 1352 1334 1323 1266 Middle TotalAreaC 8126 8230 8467 8456 8346 8307 9011 Coachman 24 Fundamental 550 527 535 542 544 539 474 Souths ide 25 Fundamental *** 638 637 638 639 639 638 693 Total. Fundamental 1188 1164 1173 1181 1183 1177 1167 Source: Pinellas County School District, 2007. *'Map #' refers to the number of each school on Figure 2 **Projections and capacities do not include charter, exceptional or secondary educational facilities. *** These schools are listed in FISH as C-3 designation because of age of facilities and smaller site size, but these highly chosen schools still provide adequate student stations for determining capacity. Because these are considered adequate student stations, they will be included by the Pine lias County School District when determining FISH capacity for purposes of school concurrency. 40 Attachment number 3 Page 46 of 88 FIGURE 9 Actual and Projected Enrollment by Middle School Concurrency Service Area through 2011 1--'- Mddle A Mdde B -lIIr- Mddle C Mdde Fmdarrertal 1 12000 1: 9000 '" .E "0 2: 6000 w 1: '" "t:l ::l en 3000 0 .... . - - - - - '; - . . . . Actual 2004 Actual 2005 Actual 2006 Projected 2007 Projected 2008 Projected 2009 Projected 2010 Projected 2011 Source: Pinellas County School District, 2007. Year TABLE 10 Projected Enrollment by Year for 5-years for Each High School Facility** 2006/2007 Map Actual Projected Projected Projected Projected Projected FISH No*. School Name 2006 2007 2008 2009 2010 2011 Capacity HIGH SCHOOLS 14 Boca Ciega 1956 2100 2077 2040 2012 2041 2175 6 Clearwater 2140 2110 2103 2126 2131 2124 2268 5 Countryside 2439 2375 2379 2399 2412 2400 2592 11 Dixie M. Hollins 1899 2000 2033 2043 1994 1996 2232 4 Dunedin 2013 1975 2023 2046 2035 2015 1907 2 East Lake 2292 2300 2291 2308 2302 2302 2081 15 Gibbs 2307 2200 2186 2236 2260 2240 2532 16 Lakewood 1633 1810 1809 1799 1744 1766 1799 7 Largo 2223 2175 2214 2245 2238 2217 2456 12 Northeast 2096 2100 2055 2045 2062 2075 2064 9 Osceola 1726 1710 1780 1811 1782 1758 1723 Palm Harbor University 3 High 2257 2250 2265 2260 2259 2256 2484 8 Pinellas Park 2326 2335 2328 2328 2327 2330 2223 10 Seminole 2235 2175 2158 2170 2192 2186 2025 13 S1. Petersburg 2345 2250 2283 2282 2303 2285 1928 1 Tarpon Springs 1959 2100 2073 2036 2011 2040 1976 High.SchoolTotal 33,846 33,965 34,057 34,174 34,064 34,031 34,465 Source: Pinellas County School District, 2007. *'Map #' refers to the number of each school on Figure 3 **Projections and capacities do not include charter, exceptional or secondary educational facilities. 41 Attachment number 3 Page 47 of 88 FIGURE 10 Actual and Projected Enrollment in Pinellas County High Schools Through 2011 -+- High School Total - 40000 r::: CI.l E 30000 "0 ... r::: 20000 w - r::: CI.l 10000 "'C ::::J - (/) 0 ~ T ~ ~ , , , , b< ~~ ~t:o ~ ~co ~OJ ,,~ ,," Source: Pinellas County ~~ ~ ~ ~ ~ ~ ~ ~ School District, 2007. ~~ ~ ~ 0~ 0~ 0~ 0~ 0~ ~ '^-~ '^-~ ~ v~ ~ v~ ~ ~ ~v ~v .~ .~ .~ .~ .~ ~...o ...0 ~...o ...0 ~...o ~ ~ Year Projected Enrollment District-Wide by School Type Over the long-range planning period from 2012 to 2025, the Pinellas County School District projects a slight increase in the number of students attending public schools within the District. Based upon the current count of existing student stations, in 2025, there will be adequate capacity within the School District for elementary and middle school students, if current projections hold true. High schools, however, are projected to have a deficit of 348 seats in 2025 if additional capacity is not created. The long-range planning projections show that the Pinellas County School District should not have any overcrowding issues and should be able to maintain the adopted level-of-service standard (LOSS) throughout the long range planning period with minimal expansion of facilities. 42 Attachment number 3 Page 48 of 88 FIGURE 11 Long Range Student Enrollment Projections 1--.- Elementary Middle ~ Highl _ 60000 r::: ~ 50000 "0 40000 ... ~ 30000 1: 20000 CI.l -g 10000 - (/) 0 .... ..... ,.. ...... ...... ,.. ,.. ,.. A A A A A A .Ah - !\)(b ~ ~ ~.s 'il'-(j ~ ~ i> (J~ .~ ~"'o !\)'O ~ i> (J~ .~ ~"'o !\)OJ ~ i> (J~ .~ ~"'o ~c;:) "'c;:) i> (J~ '~fli ~"'o Year ~..... "'c;:) i> (J~ .~ ~"'o ~ ~ i> ~ .~ ~"'o Source: Pinellas County School District, 2007. Future Facilities for Future Needs Because the School District anticipates only a slight increase in the number of public school students in the coming years, and the maintenance and replacement of existing public school facilities are anticipated to be able to provide for those students, there are no current plans for the construction of additional public school facilities to be constructed over either the short range or the long range planning period. As needs arise, the School District will consult with the State Department of Education to discuss the potential construction of additional public school facilities; however, such additional facilities are not being planned at this time. Because there are no plans for additional facilities in the short-range or long-range planning period, the maps depicting the locations of such facilities have been omitted from this element. However, Figure 12 does depict the locations of property owned by the School District (land banked sites) that may be utilized for additional educational facilities in the future, depending on the conditions and needs at that time. Ancillary Facilities Because of the limited student growth that the Pinellas County School District anticipates, there are no future plans for additional ancillary facilities, with the exception of a school bus facility for which the School District has attempted to locate a suitable central-county site for a number of years. A potential location in the area of SR 580 and McMullen-Booth road has been identified" but as of May 30, 2007, regulatory approvals had not yet been received. Those ancillary facilities depicted in Figure 12 are expected to suffice for the future needs of the School District. Should any additional needs arise, the Pinellas County School District will consult with the State Department of Education to discuss the potential for the construction of additional ancillary facilities, potentially on those sites that have been banked by the School District. It is because of this, that the maps depicting the locations of future ancillary facilities have been omitted from this element. 43 Attachment number 3 Page 49 of 88 FIGURE 12 Map of Ancillary Plants in Pinellas County 44 Attachment number 3 Page 50 of 88 LEVEL OF SERVICE ANALYSIS Level-of-Service Standard The level-of-service standard (LOSS), for purposes of implementing school concurrency, is achieved when student enrollment plus vested students divided by existing FISH school capacity plus the additional capacity scheduled to be constructed in the next three years does not exceed 100%. Existing level-of-service (LOS) conditions will be calculated on the basis of Concurrency Service Areas (CSAs) by school level (elementary, middle, high), which allows the School District to utilize facility capacity from a broader area than the traditional neighborhood school attendance area when determining the availability of student stations for achieving the adopted LOSS. Additionally, the capacity from those seats allocated on a countywide basis (charter schools, fundamental schools and magnet programs), has been re-distributed among the attendance areas according to the percentage of total enrollment that each concurrency service area had in 2006/2007. Adequacy of Public School Facilities For the 2006/2007 school year, the existing LOS condition for each school type, within its CSA, was less than the adopted LOSS of 100 percent. The highest existing LOS condition of 93 percent was found in both Elementary School CSA 'B' and Middle School CSA 'C', while the lowest LOS condition was found in Middle School CSA 'A', with 79 percent. North Ward and South Ward Elementary schools and Souths ide Fundamental, which is a Middle School with a countywide attendance area, are designated as C-3 schools because of the age of the facilities and the size of the sites, rendering a portion of the student stations to be 'unsatisfactory'. The capacities listed for these three highly chosen schools in previous tables include both the 'satisfactory' and 'unsatisfactory' student stations, while all other schools include only 'satisfactory' student stations. Because these are considered adequate student stations, they will be included by the Pinellas County School District when determining FISH capacity for purposes of school concurrency. CSA overcrowding is not anticipated in the Pinellas County School District because of the additional capacity currently available and the practically 'flat' projections for student enrollment. Were overcrowding to occur in one CSA, any additional capacity in an adjoining CSA would be available for students in the overcrowded concurrency service area. The LOSS is anticipated to be maintained through continued maintenance of existing public school facilities, and the periodic replacement of facilities. Additional Public School Facilities Needed to Maintain Level-of-Service Standard During the Five-Year and Long-Range Planning Periods As stated above, overcrowding is not anticipated in the Pinellas County School District. Projected enrollment for public school facilities for the next five years is based on birth rate information provided by the Department of Health. The Pinellas County School District anticipates only a slight increase in the number of students within the District, although infill development and redevelopment may create areas of higher densities and additional residents, the School District Facilities Ten and Twenty Year Long Range Plan projects that there will be 3,460 existing student stations removed between 2006 and 2025. Elementary schools would see the removal of 1,037 student stations through 2025, while there is currently a surplus of 5,718 student stations in elementary schools. Middle schools would see the removal of 1,484 student stations while these schools currently have a surplus of 4,142 student stations. High schools are projected to reduce student stations by 1,083 over the same time period, while there 45 Attachment number 3 Page 51 of 88 is currently a surplus of 1,558 student stations. High school enrollment and capacity will be the group needing to be monitored most closely since high schools will have the smallest remaining available capacity after the projected reduction in student stations. According to the Class-Size Reduction Amendment, SB 30A, the number of students in each classroom must be decreased by two student each year until they reach the maximum number of students mandated by the Legislature by the 2010/2011 school year. The use of portables will allow for flexibility in meeting the mandates of the Class-Size Reduction amendment, creating additional student stations while not requiring the construction of additional permanent student stations, when student enrollment figures are not currently increasing. The School District will continue to utilize portable classrooms to allow flexibility in the supply of student stations for the foreseeable future, to avoid the scenario where additional permanent student stations are built, and a declining student population is unable to fill them. Until the exact impact of the Class-Size Reduction Amendment, in conjunction with a flat or declining student population, is known, portable classrooms will continue to serve as available capacity and additional classroom space. Because of this, the continued maintenance and replacement of existing public school facilities is anticipated to maintain the adopted LOSS throughout both the five-year and the long-range planning period. Additional public school facilities are not anticipated to be needed, outside of those projects already included in the Five-Year Facilities Work Program. CONCURRENCY MANAGEMENT SYSTEM Mitigation Process The purpose of school concurrency is to assure that there is available capacity for the anticipated students from residential developments at the time those students need to go to school. Mitigation will be required if there is not adequate available capacity within the CSA where a proposed residential development would occur, or in the adjacent CSAs. Acceptable forms of mitigation include, but are not limited to, the contribution of land, the construction of a public school facility, the expansion of an existing public school facility, the payment for land acquisition or the expansion or construction of a public school facility, or the creation of mitigation banking based on the construction of a public school facility in exchange for the right to sell capacity credits. For any mitigation required by the School District, it must be directed toward a permanent school capacity improvement identified in the Five-Year Work Program that satisfies the estimated demand created by the proposed residential site plan or final residential subdivision approval (or Residential Approval). Re-Iocatable classrooms will not be acceptable, and the mitigation shall be proportionate to the demand for public school facilities estimated to be created by the proposed Residential Approval. Proportionate Share Mitigation will be calculated using the following formula for each school level as found in the Public Schools Interlocal Agreement: Multiply the number of additional new student stations required for mitigation of the estimated demand for public school facilities created by the proposed Residential Approval by the average cost per student station using the actual construction cost 46 Attachment number 3 Page 52 of 88 being experienced by the School District for student stations at the time when proportionate share mitigation is accepted plus the inclusion of land costs, if any. While the process for mitigation is outlined above, the School District does not anticipate mitigation will become necessary, as it is currently projected that the student population in public school facilities will increase only slightly in the coming years, and possibly decline. However, the actual impact of the class-size amendment on each school facility is yet to be determined and may require that mitigation be used in some situations. COORDINATION IN PROVIDING SUPPORTING INFRASTRUCTURE As outlined in the Public Schools Interlocal Agreement (Appendix B), the School District and each partner local government will coordinate on issues regarding supporting infrastructure. The School District will notify each partner local government of the need for on-site or off-site improvements to support new, proposed expansion, or redevelopment of existing schools within the jurisdiction of that local government. Thereafter, representatives of the School District and the local government will meet and determine the responsibility for making such improvements and identify other agencies that should be involved. The parties will then meet with other agencies to coordinate the completion of the on-site and off-site improvements. These improvements will include, but not be limited to sidewalk construction, the supply of water and sewer infrastructure, and traffic improvements. There are a number of public school facilities throughout Pinellas County that are located in neighborhoods with inadequate sidewalks and bike routes. This is of special concern, as those children living within a certain radius of a school are not included in the school bussing system. It may be necessary for these children to either walk or ride their bicycles to school, and the quality of surrounding infrastructure, including sidewalks, is essential in providing a continuous route for the children as they walk or ride their bikes to and from school. In most cases, water and sewer facilities are anticipated to be adequate to service new public school facilities. As Pinellas County is reaching build-out, these infrastructure systems are already in place in most developable areas of the County. While improvements to these types of infrastructure may be needed, the basic needs of new public school facilities should be able to be met with existing utility infrastructure. The focus on infrastructure will lie upon the continued improvement and upgrading of what exists, instead of the creation of new water and sewer facilities. Any potential problems will be worked out through the coordination of supporting infrastructure outlined in the adopted Public Schools Interlocal Agreement. 47 Attachment number 3 Page 53 of 88 FINANCING PUBLIC SCHOOL FACILITIES AND SHARING COSTS Capital Outlay Funding Sources There are a number of funding sources available for school capital improvement financing. Below is a comprehensive inventory of those sources and the stipulations surrounding the disbursement of each. 1. Local Revenue Sources a. District levy of ad valorem taxes i. Requires voter approval. ii. Money must be used for "pay-as-you-go" financing or Capital Outlay expenditures. iii. Without an interim election, this millage may only be collected for two years. b. District levy up to 2.0 mills: i. No voter approval required ii. must be used for "pay-as-you-go" Capital Outlay projects such as 1. New construction or remodeling project included in a district education plant survey. 2. Maintenance, renovation, or repair of existing school plant or leased facilities. 3. Purchase, lease-purchase, or lease of school buses. 4. Purchase, lease-purchase" or lease of new and replacement equipment (equipment must be "directly related to the delivery of student instruction"). 5. Lease-purchase agreement payments (not to exceed % or the proceeds from this millage). 6. Payments on approved loans. 7. Payment of costs related to complying with State and Federal environmental statutes and regulations. 8. Lease payments for re-Iocatable portables, or rent/leasing educational facilities and sites. c. District issuance of bonds i. Repaid from local property taxes. d. District borrows funds for one year for specific capital outlay projects i. With approval, loan may be extended four times for a total loan period of five years. e. Impact Fees or User Fees i. While the Pinellas County School District does have the statutory ability to levy impact or user fees for the benefit of public school facilities, it was determined years ago that because the County is so built out, Pinellas County does not have the arena for large scale new development and an impact fee would not have a significant impact on funding for public school facilities. 2. State Revenue Sources a. Capital Outlay and Debt Service (CO&DS) i. From the first $103 million of Motor Vehicle License Revenue. 48 Attachment number 3 Page 54 of 88 II. DOE acts as trustee to manage the fund. III. Funds are distributed based on a formula that includes the base unit plus growth units. IV. District never receives less than the base unit it had in 1967-1968. v. Funds are distributed twice a year - late fall and late spring. Fall is based upon estimate and spring on actual FTE. VI. Interest income prorated among the Districts. VII. Funds may be used for acquiring, building constructing, altering, remodeling, improving, enlarging, furnishing, equipping, maintaining, renovating or repairing Capital Outlay projects. VIII. Projects must be recommended in the Educational Plant Survey and funds should be spent in order of priority need from the Project Priority List. IX. Must be bonded if Classrooms First Lottery Bond Program is utilized by the District. b. State Capital Outlay Bond Issue Funds i. Funds come from Motor Vehicle License Revenue. ii. Bonding capacity is calculated annually by the Education Facilities Budgeting Office. III. Capacity is determined by averaging a District's previous year's CO&DS allocation with its projected allocation for the current year. IV. Districts are notified by letter of the estimated capacity, selling costs, sinking fund requirements and estimated net. v. In order to participate, School Boards must adopt a resolution and submit the required paperwork within 60 days of the notification letter. VI. The Capital Outlay projects must be specifies and must appear on the District's Project Priority List. VII. Without special permission, project must be completed in the same order as listed in the priority of need. c. Public Education Capital Outlay and Debt Service (PECO) i. Funds come from gross receipts tax revenue. ii. The legislature annually appropriates the funds to specific districts or agencies. III. Funds revert if not spent (binding contract or a general construction contract) within 31 months from the effective date of the appropriation. IV. PECO categories: 1. PECO Remodeling, Maintenance, Repairs and Site Improvement a. Commissioner of Education allocates money to districts based upon the formula "sum of the digits". b. Funds are intended to extend the useful life of educational plants and cannot support funds in the District's currently approved operating budget. c. Remodeling projects must be based on the recommendations of an Educational Plant Survey. d. At least 10% of each year's allocation must be used to correct unsafe, unhealthy, unsanitary conditions as required by the District's Annual Comprehensive Safety Inspection Report. 49 Attachment number 3 Page 55 of 88 2. PECO funds for Special Facilities Construction Account. a. Special request to Special Facilities Construction Committee. b. Must be specific project listed or Project Priority List for which the District lacks sufficient resources, has an Educational Plant Survey recommendation and cannot reasonably expect sufficient funds within the next three years. c. The District must have a site and approved architectural plans. 3. PECO Funds for Survey Recommended Projects a. Funds allocated upon the Educational Facilities budgeting Office Formula. (40% is dispersed based on District's Capital Outlay Full Time Equivalent [COFTE] membership. 60% is allocated based upon District's growth COFTE membership). b. Funds may be used for needed projects identified in surveys or to lease relocatables. c. Funds cannot be used to landscape facilities or construct athletic facilities not required for a physical education curriculum. 4. PECO Cooperative-Use Facilities a. Two or more school boards may cooperatively establish a common education facility to accommodate students. 5. PECO Cooperative Funding of Vocational Educational Facilities a. District can submit a request to plan, construct, and equip a career education facility identified as critical to the economic development and the workforce needs of the school district. 6. Increase Utilization Account (sub-PECO account) a. Encourage school districts to increase their FTE facility capacity by using a modified school calendar (extended school year). 7. Other PECO a. Legislature makes other appropriations such as sCience needs, pre-school facilities for disabled students, asbestos abatement, fire safety correction, etc. 3. Lottery Revenue Sources a. Classrooms First Lottery Bond Fund i. Funds allocated based on a formula [25% based on each District's percentage of Capital Outlay Full-Time Equivalent (COFTE) membership. 65% is based on growth Capital Outlay FTE]. II. Expenditure guidelines: 1. Construct, renovate, remodel, repair or maintain educational facilities 2. Pay debt service on bonds issued-bond proceeds must be used to provide permanent classroom facilities. 3. If more than 9% of a District's total square footage is more than 50 years old, at least 25% of the allocation must be spent on renovating, performing major repairs, or remodeling existing schools. b. Effort Index Grants 50 Attachment number 3 Page 56 of 88 I. SMART Schools Clearinghouse has deemed four counties eligible (Clay, Dade, Hendry and Madison). II. After funds are distributed to the four counties, the remaining funds are allocated among other Districts that meet the following criteria: 1. received direct proceeds from the one-half cent sales surtax for public school Capital Outlay or from the local government infrastructure sales surtax (between 7/1/95 and 6/60/99). 2. Meet two of the following: a. Levied full 2.0 mills no-voted Capital Outlay between 1995- 1999. b. Levied a cumulative voted millage for Capital Outlay and debt service equal to 2.5 mills for fiscal year 1995-1999. c. Received more than %500 per dwelling impact fees. d. Received direct proceeds from either the one-held cent sales surtax or from the local government infrastructure sales surtax. Cost of Existing Deficiencies and Future Needs An Educational Plant Survey, Table 11, was approved by the School Board on May 5, 2004. The Survey identified a total cost of $654.8 million for the improvement, expansion, development, and renovation of educational facilities in Pinellas County for the Five-Year planning period (2004/2005-2009/2010). This table gives a detailed description of how those funds are anticipated to be disbursed, by facility. The implementation of this survey ensures that adequate public school facilities will exist for both current and future students of the Pinellas County School District. The Five-Year Work Program is updated every year to implement the Educational Plant Survey, and supplies more detailed information regarding the cost of educational facilities within Pinellas County. The section of the Five-Year Work Program that highlights projects funded from current and projected revenue can be found in Appendix C. The Five-Year Work Program also gives a detailed long-range plan for future costs. Tables 12, 13 & 14 highlight the long-range projected costs of school capital improvements through the 2025/2026 school year. 51 Attachment number 3 Page 57 of 88 TABLE 11 2004 Education Plant Survey (2004/2005 - 2009/2010) SITE SITE SITE NEW SCHOOL CENTER EXPANSION DEVELOPMENT IMPROVEMENT REMODEL RENOVATE CONSTRUCTION TOTAL VACANT Harris Tips Center 0 0 0 0 0 0 0 Jordan Kindergarten Center 1 0 0 0 0 0 1 New Facility ANA (Ancillary) 2,000,000 3,066,360 0 0 0 3,240,340 8,306,700 New Facility CC (Middle) 1,700,000 1,271,600 0 0 0 20,576,603 23,548,203 New Facility E (Elementary) 1,000,000 748,000 0 0 0 10,669,416 12,417,416 new Facility HH (High) 1,000,000 748,000 0 0 0 0 1,748,000 Oak Park School 1,000,000 224,400 136,811 1,607,673 1,093,590 6,581 ,439 10,643,913 Oldsmar School Service Center 0 0 0 0 0 0 0 Sub Total 6,700,001 6,058,360 136,811 1,607,673 1,093,590 41,067,798 56,664,233 ELEMENTARY Anona Elementary 0 0 0 383,146 685,425 1 ,911 ,958 2,980,529 Azalea Elementary 0 0 468,470 115,994 1,599,156 1 ,383,876 3,567,496 Bardmoor 0 0 103,500 4,251,658 0 0 4,355,158 Bauder 0 0 75,000 4,272,426 0 2,138,766 6,486,192 Bay Point 0 0 37,536 0 0 0 37,536 Bay Vista Fundamental 0 0 253,870 879,100 0 811,625 1 ,944,595 Bear Creek 0 0 0 2,360 0 682,812 685,172 Belcher 0 0 130,490 91 ,155 1,197,378 2,546,863 3,965,886 Belleair 0 0 0 0 768,339 2,770,363 3,538,702 Blanton 0 0 46,000 1,106,073 667,875 2,606,753 4,426,701 Brooker Creek 0 0 156,650 59,295 0 12,600 228,545 Campbell Park 0 0 0 0 0 0 0 Clearview Avenue 300,000 323,400 0 0 0 6,068,211 6,691,611 Cross Bayou 500,000 0 471,810 19,116 0 4,096,253 5,087,179 Curlew Creek 0 0 36,984 0 234,195 0 271 ,179 Curtis Fundamental 0 0 59,800 296,711 0 763,191 1,119,702 Cypress Woods 0 0 193,730 0 0 0 193,730 Doug Jamerson 50,000 0 0 0 0 0 50,000 Dunedin 0 1,401,400 0 224,849 0 8,878,311 10,504,560 Eisenhower 500,000 0 0 4,130 0 0 504,130 Fairmount Park 100,000 0 0 51 ,153 0 0 151,153 Forest lakes 0 0 196,000 0 0 0 196,000 Frontier 0 0 146,178 2,360 0 1,191,879 1,340,417 Fuguitt 100,000 0 243,460 364,620 0 1,831,158 2,539,238 Garrison-Jones 0 0 97,560 0 261,027 0 358,587 Gulf Beaches 300,000 539,000 0 2,360 0 5,386,446 6,227,806 Gulfport 0 0 0 0 0 0 0 High Point 1 1,078,000 0 0 0 8,965,008 10,043,009 Highland lakes 0 0 92,100 32,332 0 0 124,432 James Sanderlin 0 0 0 2,360 0 1,066,104 1,068,464 John M Sexton 0 0 0 17,995 0 0 17,995 Kings Highway 0 0 215,600 332,583 0 1 ,376,912 1,925,095 lake Saint George 0 0 119,600 0 0 24,413 144,013 lakeview Fundamental 200,000 0 0 800,925 206,934 1,681,055 2,888,914 lakewood 0 0 0 45,548 0 0 45,548 Largo Central 600,000 0 103,500 252,284 0 442,962 1,398,746 Lealman Avenue 300,000 0 254,140 103,663 1,129,128 2,627,469 4,414,400 Leila Davis 0 0 45,000 0 2,702,583 0 2,747,583 Lynch 0 1,617,000 0 2,360 0 8,319,285 9,938,645 Madeira Beach 0 1,078,000 0 0 0 7,067,425 8,145,425 52 Attachment number 3 Page 58 of 88 SITE SITE SITE NEW SCHOOL CENTER EXPANSION DEVELOPMENT IMPROVEMENT REMODEL RENOVATE CONSTRUCTION TOTAL Marjorie Kinnan Rawlings 0 0 242,980 0 0 56,702 299,682 Maximo 0 0 0 0 0 0 0 McMullen-Booth 0 0 116,240 47,318 0 0 163,558 Melrose 100,000 0 611,200 0 5,772 78,753 795,725 Mildred Helms 200,000 0 46,000 212,105 994,812 708,459 2,161 ,376 Mount Vernon 600,000 0 122,900 380,727 0 1,665,147 2,768,774 North Shore 0 215,600 0 212,931 0 2,039,538 2,468,069 North Ward 0 0 0 0 0 0 0 Northwest 200,000 0 30,000 0 0 0 230,000 Oakhusrt 0 0 390,960 53,513 256,698 723,177 1 ,424,348 Oldsmar 0 0 92,000 50,563 0 0 142,563 Orange Grove 400,000 0 330,500 0 746,031 2,150,106 3,626,637 Ozona 0 0 60,000 63,897 0 0 123,897 Palm Harbor 200,000 862,400 0 397,365 0 5,067,421 6,527,186 Pasadena Fundamental 0 0 253,330 0 0 1,489,529 1,742,859 Perkins 0 0 57,500 2,360 0 921,024 980,884 Pinellas Central 0 0 69,000 4,220,093 0 0 4,289,093 Pinellas Park 100,000 0 92,000 293,761 1,044,420 0 1,530,181 Plumb 0 0 0 0 22,191 0 22,191 Ponce De Leon 0 862,400 0 0 0 5,817,855 6,680,255 Ridgecrest 0 0 217,480 201 ,780 0 219,720 638,980 Rio Vista 300,000 862,400 0 592,242 0 5,980,638 7,735,280 Safety Harbor 0 1,078,000 0 2,360 342,771 11,663,541 13,086,672 San Jose 0 1,078,000 0 2,360 0 7,190,937 8,271 ,297 Sandy Lane 0 0 232,140 156,527 0 283,195 671 ,862 Sawgrass Lake 0 0 112,120 56,640 0 78,753 247,513 Seminole 0 0 340,110 1,022,293 545,454 1,096,553 3,004,410 Seventy-Fourth Street 0 0 301,840 446,984 778,557 1 ,523,392 3,050,773 Shore Acres 0 0 0 0 0 0 0 Skycrest 0 0 69,000 498,137 0 1,820,447 2,387,584 Skyview 400,000 970,200 0 274,881 0 8,030,412 9,675,493 South Ward 0 0 0 0 0 0 0 Southern Oak 0 0 0 191 ,927 0 0 191 ,927 Starkey 0 0 251,360 0 25,584 685,621 962,565 Sunset Hills Service Center 1 0 0 0 0 0 1 Sutherland 0 0 80,850 135,877 0 128,367 345,094 Tarpon Springs 500,000 970,200 0 245,204 0 11,626,418 13,341,822 Tarpon Springs Fundamental 0 0 0 0 200,850 0 200,850 Tyrone 0 1,293,600 115,350 2,360 1,459,419 5,707,962 8,578,691 Walsingham 0 0 174,800 4,956,118 0 0 5,130,918 Westgate 0 0 30,000 0 0 0 30,000 Woodlawn 0 0 151,054 57,820 0 264,888 473,762 SUBTOTAL 5,950,002 14,229,600 8,137,692 28,494,669 15,874,599 151,670,253 224,356,845 MIDDLE Azalea 0 0 0 445,536 0 0 445,536 Bay Point 0 0 0 0 0 0 0 Coachman Fundamental 0 0 261,600 34,200 420,000 763,727 1,479,527 Dunedin Highland 1 0 0 0 0 0 1 John Hopkins 0 0 0 0 0 0 0 Joseph L Carwise 0 0 0 0 0 0 0 Kennedy 0 0 222,870 0 0 0 222,870 Largo 0 0 0 0 0 0 0 Madeira Beach 0 2,156,000 0 0 0 16,964,658 19,120,658 Meadowlawn 0 0 0 661 ,752 0 0 661 ,752 Morgan Fitzgerald 0 0 0 11,199,096 0 4,181,189 15,380,285 Oak Grove 0 0 0 0 0 131,056 131,056 Osceola 0 0 180,750 0 0 0 180,750 Palm Harbor 0 0 46,000 0 5,365,584 0 5,411 ,584 Pinellas Park 0 0 756,793 1,803,816 1 ,301 ,376 9,460,847 13,322,832 53 Attachment number 3 Page 59 of 88 SITE SITE SITE NEW SCHOOL CENTER EXPANSION DEVELOPMENT IMPROVEMENT REMODEL RENOVATE CONSTRUCTION TOTAL Riviera 50,000 1,401,400 0 0 0 21,779,918 23,231,318 Safety Harbor 0 0 0 0 0 115,049 115,049 Seminole 0 0 134,750 1 ,443,384 790,848 0 2,368,982 Southside Fundamental 0 0 0 0 0 0 0 Tarpon Springs 0 0 0 0 5,953,680 0 5,953,680 Thurgood Marshall 0 0 0 0 0 0 0 Tyrone 200,000 1,617,000 0 242,784 757,968 16,176,017 18,993,769 SUBTOTAL 250,001 5,174,400 1,602,763 15,830,568 14,589,456 69,572,461 107,019,649 SENIOR HIGH Boca Ciega 0 1,617,000 0 540,357 4,020,676 33,453,529 39,631,562 Clearwater 300,000 0 575,200 249,081 1,121,778 0 2,246,059 Countryside 0 0 163,860 1,121,691 16,459,066 0 17,744,617 Dixie M Hollins 0 0 935,160 0 454,430 127,533 1,517,123 Dunedin 0 0 0 0 0 0 0 East Lake 0 0 0 0 0 0 0 Gibbs 0 0 0 0 0 0 0 Lakewood 0 0 399,600 156,165 3,337,088 8,533,930 12,426,783 Largo 0 3,557,400 0 0 0 54,608,400 58,165,800 Northeast 0 323,400 215,600 1,287,600 1,274,434 10,819,211 13,920,245 Osceola 0 0 375,210 142,245 12,704,320 122,865 13,344,640 Palm Harbor University 0 539,000 0 0 0 9,342,133 9,881,133 Pinellas Park 0 0 0 1 ,358,505 382,394 840,394 2,581,293 Seminole 0 323,400 789,190 999,978 0 18,455,000 20,567,568 St. Petersburg 700,000 377,300 1,487,425 465,189 0 8,374,451 11 ,404,365 Tarpon Springs 0 0 247,480 1,032,603 343,476 0 1,623,559 SUBTOTAL 1,000,000 6,737,500 5,188,725 7,353,414 40,097,662 144,677,446 205,054,747 EXCEPTIONAL STUDENT Calvin Hunsinger 0 0 0 0 0 152,352 152,352 Hamilton Disston 0 0 215,600 0 0 1 ,468,701 1,684,301 Nina Harris 0 0 0 0 0 0 0 Paul B Stephens 0 0 0 0 0 0 0 Richard L Sanders 0 0 0 0 0 328,536 328,536 SUBTOTAL 0 0 0 0 1 2,165,189 ALTERNATIVE EDUCATION Clearwater Intermediate 0 0 90,890 515,808 29,712 31,013 667,423 Lealman Intermediate 0 0 0 0 0 0 0 North Ward Secondary 0 0 0 0 0 0 0 Norwood Secondary 0 0 0 0 0 0 0 Safety Harbor Secondary 200,000 0 0 62,856 0 268,115 530,971 Seminole Secondary 0 0 718,700 1,112,295 0 4,318,936 6,149,931 SUBTOTAL 200,000 0 1,690,959 29,712 4,618,064 7,348,325 ADULT EDUCATION Tomlinson Adult Learning Center 50,000 0 0 0 0 0 50,000 SUBTOTAL 50,000 0 0 0 0 0 50,000 COUNTY ADMINISTRATION 0 0 174,360 0 718,930 0 893,290 Area 1 Superintendent's Office 0 0 0 0 0 0 0 Center for Professional Education 0 0 0 0 0 0 0 Disston Gifted Program 0 0 0 0 0 0 0 Druid Complex 0 0 0 0 0 0 0 54 Attachment number 3 Page 60 of 88 SITE SITE SITE NEW SCHOOL CENTER EXPANSION DEVELOPMENT IMPROVEMENT REMODEL RENOVATE CONSTRUCTION TOTAL Pinellas County School Adm inistration 0 0 0 6,120 0 0 6,120 Robinson School Service Center 0 0 0 1,495,119 0 0 1,495,119 SUBTOTAL 0 0 174,360 1,501,239 718,930 0 2,394,529 TRANSPORTATION 49th Street Bus Compound 0 0 0 0 0 0 Cleveland Bus Compound 0 0 0 682,635 0 0 682,635 Lealman Bus Compound 100,000 0 1,002,440 0 0 755,606 1,858,046 Tarpon Springs Bus Garage 0 0 0 0 0 0 0 SUBTOTAL 100,000 0 1,002,440 682,635 0 755,606 2,540,681 MULTIPLE USE SUPPORT Bernice Johnson Student Services Center 0 0 0 2,579,356 0 0 2,579,356 Eulcid Center 0 0 1 0 0 0 1 High Point Service Center 100,000 0 0 0 0 269,026 369,026 Walter Pownall Service Center 0 0 0 199,571 1,658,316 0 2,857,887 SUBTOTAL 100,000 0 1 3,778,927 1,658,316 269,026 5,806,270 VOCATIONAL TECHNICAL Pinellas Vocational- Technical Institute 0 0 1,443,600 16,729,056 1,942,826 0 20,115,482 St. Petersburg Vocational-Technical Institute 0 0 75,000 0 18,535,988 2,680,906 21,291,894 SUBTOTAL 0 0 1,518,600 16,729,056 20,478,814 2,680,906 41,407,376 OTHER Enterprise Village, Gus A. Stavros Institute 0 0 0 0 0 0 0 GRAND TOTAL 14,350,004 32,199,860 298,786,582 77,669,170 94,541,079 417,261,149 654,807,844 *Source: Pinellas County School District, 2007. 55 Attachment number 3 Page 61 of 88 TABLE 12 Five-Year Facilities Work Program for Pinellas County School District 2010-2025 Projected Costs of Major Repairs and Renovation Projects Major Repair and Renovation Projects 2010-11/2015-16 2015-16/2025-26 Annual Average Project Location Projected Cost Projected Cost Cost 15 Year Total Infrastructure Various 39,303,539 94,780,201 8,938,916 134,083,740 Fire/Health/Safety Various 12,823,891 30,924,720 2,916,574 43,748,611 HVAC Various 65,326,308 157,533,918 14,857,348 222,860,226 Roofs & Covered Walks Various 11,319,635 27,297,217 2,574,457 38,616,852 Drainage Various 134,693 324,812 30,634 459,505 Paving Various 5,091,411 12,277,901 1,157,954 17,369,312 Painting Various 9,697,926 23,386,479 2,205,627 33,084,405 Sites & Grounds Various 2,892,564 6,975,398 657,864 9,867,962 Intercom/Fire Alarm Various 5,199,166 12,537,751 1,182,461 17,736,917 Ceiling & Lights Various 511,835 1,234,286 116,408 1,746,121 Floor Covering Various 9,019,071 21,749,425 2,051,233 30,768,496 Plumbing Various 673,467 1,624,061 153,169 2,297,528 Environmental Protection Agency Various 8,081,605 19,488,732 1,838,022 27,570,337 Stage & Gym Floors Various 716,569 1,728,001 162,971 2,444,570 Electrical Distribution Various 6,276,713 15,136,249 1,427,531 21,412,962 Casework Various 2,297,872 5,541,301 522,612 7,839,173 Portable Rehabilitation Various 1,077,547 2,598,498 245,070 3,676,045 Student Lockers Various 1,941,850 4,682,757 441,640 6,624,607 Sonitrol/CCTV (security system) Various 2,386,767 5,755,672 542,829 8,142,439 Total 1RJ1 77? A?Q 445,577,379 630,349,808 *Source: Pinellas County School District, 2007. 56 Attachment number 3 Page 62 of 88 TABLE 13 Five-Year Facilities Work Program for Pinellas County School District Capital Outlay Projects Capital Outlay Projects 2015-16/2025- 2010-11/2015-16 26 Projected Project Description Location Projected Cost Cost 15 Year Total Mount Vernon Elem. Construction South County 3,184,090 3,184,090 North Shore Elem. Construction South County 2,838,278 2,838,278 Skyview Elem. Replacement South County 20,000,000 20,000,000 Gulf Beaches Elem. Replacement South County 20,000,000 20,000,000 Blanton Elem. Construction South County 5,690,206 5,690,206 Ponce de Leon Elem. Replacement North County 20,000,000 20,000,000 Countryside High Construction North County 20,705,270 20,705,270 Sutherland Elem. Construction North County 407,211 407,211 Palm Harbor University High Construction North County 11,659,737 11,659,737 Madeira Beach Md. Replacement South County 30,000,000 30,000,000 Orange Grove Elem. Construction South County 4,279,432 4,279,432 Seminole Vocat. Ctr. Replacement South County 7,256,919 7,256,919 St. Petersburg High Construction South County 13,457,151 13,457,151 Seminole High Construction South County 24,308,330 24,308,330 Cross Bayou Elem. Replacement South County 20,000,000 20,000,000 Osceola High Construction South County 16,147,014 16,147,014 Lealman Ave. Elem. Construction South County 5,043,020 5,043,020 Lakeview Fund. Elem. Construction South County 3,495,586 3,495,586 Belleair Elem. Construction North County 4,281,828 4,281,828 Safety Harbor Secondary Construction North County 642,475 642,475 PTEC Clearwater Construction North County 24,339,733 24,339,733 Mildred Helms Elem. Construction North County 2,680,106 2,680,106 Anona Elem. Construction North County 3,695,856 3,695,856 PTEC St. Pete Construction South County 26,401,949 26,401 ,949 Curtis Fund. Elem. Construction North County 1,716,058 1,716,058 Lakewood High Construction South County 15,409,210 15,409,210 Azalea Elem. Construction South County 3,482,840 3,482,840 Madeira Beach Elem. Replacement South County 20,000,000 20,000,000 57 Attachment number 3 Page 63 of 88 Capital Outlay Projects 2015-16/2025- 2010-11/2015-16 26 Projected Project Description Location Projected Cost Cost 15 Year Total Bay Vista Fund. Elem. Construction South County 2,469,636 2,469,636 Belcher Elem. Construction North County 5,036,674 5,036,674 Garrison Jones Elem. Construction North County 455,405 455,405 Sawgrass Lake Elem. Construction South County 314,342 314,342 Seminole Elem. Construction South County 3,815,601 3,815,601 Tomlinson Adult Construction South County 63,500 63,500 Pinellas Park High Construction South County 3,278,242 3,278,242 Palm Harbor Md. Construction North County 6,872,712 6,872,712 Sandy Lane Elem. Construction North County 853,265 853,265 Northwest Elem. Construction South County 292,100 292,100 Oakhurst Elem. Construction North County 1,209,741 1,209,741 Fitzgerald Md. Construction North County 19,532,962 19,532,962 Skyview Elem. Construction North County 3,032,232 3,032,232 Ridgecrest Elem. Construction North County 811,505 811,505 Pinellas Park Elem. Construction South County 1,943,330 1,943,330 Northeast High Construction South County 17,678,711 17,678,711 East Lake High Construction North County 1,000,000 1,000,000 Clearwater High Construction North County 60,000,000 60,000,000 Rawlings, Marjorie Elem. Construction South County 10,000,000 10,000,000 Kennedy Middle Construction North County 283,045 283,045 Seventy-Fourth St. Elem. Construction South County 3,966,005 3,966,005 Westgate Elem. Construction South County 39,900 39,900 Clearwater Intermediate Construction North County 887,673 887,673 Coachman Fund. Construction North County 1,967,771 1,967,771 Tarpon Springs Md. Construction North County 7,918,394 7,918,394 Fuguitt Elem. Construction North County 3,377,187 3,377,187 Plumb Elem. Construction North County 29,514 29,514 Pinellas Central Elem. Construction South County 2,035,141 2,035,141 Osceola Md. Construction. South County 240,398 240,398 Highland Lakes Elem. Construction North County 165,495 165,495 Woodlawn Elem. Construction South County 274,664 274,664 58 Attachment number 3 Page 64 of 88 Capital Outlay Projects 2015-16/2025- 2010-11/2015-16 26 Projected Project Description Location Projected Cost Cost 15 Year Total Bardmoor Elem. Construction South County 19,950,000 19,950,000 Carwise Md. Construction North County 500,000 500,000 Davis, Leila Elem. Construction North County 7,920,688 7,920,688 Largo Central Elem. Construction North County 1,383,407 1,383,407 Seminole Md. Construction South County 3,221,816 3,221,816 Dixie Hollins High South County 2,063,287 2,063,287 Largo Md. Construction South County 500,000 500,000 Melrose Elem. Construction South County 1,082,186 1,082,186 Bear Creek Elem. Construction South County 770,717 770,717 Frontier Elem. Construction North County 198,802 198,802 Oldsmar Comm. Construction North County 5,000,000 5,000,000 Tarpon Springs High Construction North County 20,000,000 20,000,000 Forest Lakes Elem. Construction North County 203,187 203,187 Southern Oak Elem. Construction North County 266,779 266,779 Kings Highway Elem. Construction North County 2,675,882 2,675,882 Walsingham Elem. Construction North County 34,750,000 34,750,000 Lakewood Elem. Construction South County 63,312 63,312 Curlew Creek Elem. Construction North County 376,939 376,939 Pasadena Fund. Elem. Construction South County 2,422,574 2,422,574 Meadowlawn Md. Construction South County 919,835 919,835 Calvin Hunsingher Ctr. Construction North County 211 ,769 211 ,769 Bay Point Elem. Construction South County 52,175 52,175 Bay Point Md. Construction South County 500,000 500,000 Maximo Elem. Construction South County 500,000 500,000 McMullen Booth Elem. Construction North County 227,346 227,346 Lake SI. George Elem. Construction North County 200,176 200,176 Hopkins Md. Construction South County 500,000 500,000 Dunedin High Construction North County 500,000 500,000 Brooker Creek Elem. Construction North County 317,678 317,678 Cypress Woods Elem. Construction North County 269,285 269,285 Eisenhower Elem. Construction North County 695,000 695,000 59 Attachment number 3 Page 65 of 88 Capital Outlay Projects 2015-16/2025- 2010-11/2015-16 26 Projected Project Description Location Projected Cost Cost 15 Year Total Oldsmar Elem. Construction North County 2,196,894 2,196,894 Ozona Elem. Construction North County 172,217 172,217 Sanderlin Elem. Construction South County 500,000 500,000 Sexton Elem. Construction South County 25,013 25,013 Azalea Md. Construction South County 500,000 500,000 Campbell Park Elem. Construction South County 500,000 500,000 Dunedin Md. Construction North County 500,000 500,000 Fairmount Park Elem. Construction South County 210,103 210,103 Gulfport Elem. Construction South County 500,000 500,000 Perkins Elem. Construction South County 79,925 79,925 Hamilton Disston Ctr. Construction South County 5,097,963 5,097,963 Thurgood Marshall Md. Construction South County 500,000 500,000 Jamerson Elem. Construction South County 71,000 71,000 Area I, Construction South County 1,268,472 1,268,472 Richard Sanders Ctr. Construction South County 500,000 500,000 Stephens ESE Ctr. Construction North County 500,000 500,000 Nina Harris Ctr. Construction South County 500,000 500,000 Administrative Building Construction North County 8,690 8,690 Walter Pownall Srv. Ctr. Construction North County 4,058,200 4,058,200 High Point Srv. Ctr. Construction South County 524,016 524,016 Bus Clearwater Construction North County 11,795,514 11,795,514 Bus Lealman Construction South County 2,638,425 2,638,425 Middle School CC (new) North County 32,732,002 32,732,002 '-"" I "" ",ell School E (new) South County 17,632,731 17,632,731 Total 470,065,302 212,156,147 682,221,449 'Source: Pinellas County School District, 2007. 60 Attachment number 3 Page 66 of 88 TABLE 14 Total Cost of Needed Capital Improvements for the Pinellas County School District TOTAL COST OF NEED CAPITAL IMPROVEMENTS THROUGHOUT THE LONG-RANGE PLANNING PERIOD: 2010/2011 .2025/2026 *Source: Pinellas County School District, 2007. *Totals from Tables 12 & 13. Ability to Finance Capital Improvements: Projection of Revenues and Expenditures The Pinellas County School District annually updates its projection of revenues and expenditures for Public School capital improvements. Table 15 displays all of the revenue sources and projected revenues for the School District for 2006/07 through 2010/11, which is anticipated to total $1,176,845,991. As the School District does not levy impact or user fees, there are no other tax bases or revenue sources for the School District. Table 16 displays a summary of the allocations for the School District for 2006/07 through 2010/2011, projected to cost $1,097,207,209. As is clear from Table 15, the majority of funding for the Pinellas County School District Capital Outlay Plan comes from local sources, as is denoted by the asterisks. While actual State funding dollars are increasing, the overall percentage is decreasing in relation to local funding sources, with local sources now comprising a greater proportion of the funding required for public schools. This has an impact on the local tax rate and structure and places a greater tax burden on local residents. TABLE 15 Five-Year Capital Outlay Plan School and Center Projects--2006/07 Through 2010/11 Prior Year 2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 Five Year Total CAPITAL OUTLAY PROJECTED REVENUES Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 [06/07-10/111 Current Fundinq Sources PECO Maintenance $8,366,134 $9,941,127 $4,426,705 $2,394,867 $5,300,110 $7,721,445 $29,783,924 PECO New Construction $2,818,753 $5,847,929 $1,338,936 $7,186,865 CO & DS (Entitlement) & Interest $500,000 $550,000 $550,000 $550,000 $550,000 $550,000 $2,750,000 Classrooms for Kids $1,889,207 $25,278,213 $25,278,213 Local Two-Mill Property Tax* $119,493,956 $143,756,384 $170,483,802 $201,170,886 $235,369,937 $273,029,126 $1,023,810,135 Other Sources [Racetrack]* $223,250 $223,250 $223,250 $223,250 $223,250 $223,250 $1,116,250 Ln~e_s~~~Q.s:'" _ _ _ _ _ _ _ _ _ E.1D.Q,Cl.0Q... _ _ _ _$~,~0..,o..Q.0_ _ ~'!.20_0..Q.OQ _ _1.4...5QQ,QO.Q.. _ _ H~O.9..Q.OQ _ _ ~,.?QQ,QO.Q.. _ _ ~21,5_0Q..OQO_ _ ..Jr:.t'1!.. E..st!....l11i!.t~ '3~e!2u.!!..s~ _ _ _ _$116.,~1 ~3Q9 _ _ _ $.1.9Q,~6~9.Q..3 _ _$~0~8}~6I3_ _ $1.4~,~3~2~ _ J~42:9j~~7 _ J~l?,~3~8l! _ JF!Z6~8~dl[1 Amount of Designated Fund Balance Carried Forward !~<?I!l_':~eY!<?l!~ !,!~c_aJ .x.e:~r_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ ~?g,8J_2_,?g~ _ __ _ ~~? ,8}_1_,??? _ u _ ~?? ?_~8J??~ _ u _ ~?~,5}JJ?~~ _ u _ ~~?'???J~g? _ u _ ~?g?,~l.?l.?,?~~__ Amount Available For Appropriation (Estimated Revenues Plus Fund Balance Carried Forward) Source: Pinellas County School District, 2006. *Denotes local funding source. : $210,969,112 : $276,669,896 : $283,691,521 : $274,481,083 : $333,801,228 : $1,379,612,840 61 Attachment number 3 Page 67 of 88 TABLE 16 Five-Year Capital Outlay Plan Capital Outlay Projected Expenditures-2006/07 Through 2010/11 Prior-Year 2006/07 2007/08 2008/09 2009/1 0 2010/11 School & Center Project Allocations Allocation Allocation Allocation Allocation Allocation Five-Year Total Priorities Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 [06/07-10/11] A. Five-year Priorities from 2004/05 and Selected per 1998 Priority System $63,119,269 $42,590,792 $103,190,957 $106,835,124 $113,376,490 $182,814,266 $548,807,629 B. -I. Other Capital Projects $68,714,193 $100,547,097 $108,414,735 $111,213,987 $113,327,186 $114,896,575 $548,399,580 Total Estimated Allocations: $131,833,462 $143,137,889 $211,605,692 $218,049,111 $226,703,676 $297,710,841 '" Source: Pinellas County School District, 2006. Debt Service Obligations The Pinellas County School District has no outstanding bonds for which it has issues. The District participates in, and receives revenue from, bond offerings for which the State is the issuing party and the District is not directly liable for repayment. Projection of Ad Valorem Tax Base As stated earlier, Pinellas County relies heavily upon the local tax structure to supply necessary funding for the District's Capital Outlay Plan. Table 17 displays the current and projected tax structure for public school facilities. TABLE 17 PROJECTION OF SCHOOL TAXABLE VALUE AND TAX COLLECTIONS Estimated Calendar School Rate of School Taxable Amount at Year Year Increase Value Adjusted Percentage Mills 95% (adj.) 2006 2006/07 75,661,254,861 95% 2.00 143,756,384 2007 2007/08 18.59216% 89,728,316,423 95% 2.00 170,483,801 2008 2008/09 18.00000% 105,879,413,379 95% 2.00 201,170,885 2009 2009/1 0 17.00000% 123,878,913,653 95% 2.00 235,369,936 5-yrtotal 2010 2010/11 16.00000% 143,699,539,838 95% 2.00 273,029,126 1,023,810,132 *Source: Pinellas County School District, 2006. Facilities Operating Cost Considerations The funding for the operation of public school facilities is projected and provided for in the general operating fund budget, funded through the State's Florida Educational Finance Program, which is supported by a combination of local millage (the State dictates the amount to levy) and State revenue. These costs include utilities, capital outlay maintenance and personnel expenses. 62 Attachment number 3 Page 68 of 88 Debt Capacity The debt capacity for the Pinellas County School District, for capital outlay purposes, IS approximately $1.4 billion over 20 years. School Facility Costs and Cost Sharing In Pinellas County, local municipal governments are not directly liable for school facility costs. Local governments offer much of the supporting infrastructure for school facilities (e.g. sidewalks, shared facilities, sewers, roads) instead of direct funding for public school facilities. Proportionate share mitigation will help to pay for increasing public school capacity if the school level-of-service standard cannot be met. INTERGOVERNMENTAL COORDINATION Through the Public Schools Interlocal Agreement, the School District, Pinellas County, and the twelve affected municipalities within the jurisdiction of the County, have identified the specific ways in which the plans and processes of the School District and local governments are coordinated with one another. For example, the District, Pinellas County, and the municipalities will work together to develop a system to track development to provide an up-to-date assessment of available school capacity when evaluating a proposed Residential Approval for school concurrency. The Public Schools Interlocal Agreement established the Pinellas Schools Collaborative, which consists of elected representatives from each of the signatories to the Agreement. The Collaborative provided direction to a School Planning Work Group in the preparation of the Public Schools Facilities Element (PSFE). The Interlocal Agreement also established a multi- jurisdictional procedure to develop a PSFE that could be adopted by each of the local governments required to implement school concurrency. This approach achieves the statutory requirements that a local government's PSFE be consistent with those adopted by the other local governments in the County. The School Planning Work Group is made up of staff from the County, School District, the twelve affected municipalities and the Pinellas Planning Council. The Collaborative is responsible for providing oversight of implementation of the Public Schools Interlocal Agreement and school concurrency per sections 8 and 15 of the Interlocal Agreement. SAFE ACCESS TO PUBLIC SCHOOLS Sidewalks Pinellas County currently prioritizes the construction of sidewalks surrounding public school facilities according to a matrix developed by Pinellas County Public Works. The matrix assigns points to sidewalk areas depending on specified characteristics of the area being analyzed. Those projects that receive a larger number of points are given a higher priority when it comes to the construction or renovation of sidewalks. Criteria that are analyzed include the shoulder conditions, the road classification along which the sidewalk is locatedldesired, utilization of the 63 Attachment number 3 Page 69 of 88 sidewalk, sidewalk connectivity, and transit connectivity. In Pinellas County, almost all roads are within two miles of a public school facility, making all roadways a priority for providing sidewalk access for public school students. Figures 13, 14, and 15 display the locations of sidewalks in relation to public school facilities throughout Pinellas County. 64 Attachment number 3 Page 70 of 88 FIGURE 13 North Pinellas County Sidewalk Network Map 65 Attachment number 3 Page 71 of 88 FIGURE 14 Central Pinellas County Sidewalk Network Map 66 Attachment number 3 Page 72 of 88 FIGURE 15 South Pinellas County Sidewalk Network Map 67 Attachment number 3 Page 73 of 88 PUBLIC SCHOOLS AS NEIGHBORHOOD FOCAL POINTS AND COMMUNITY INNOVATORS Locati on The location of future public school facilities will be coordinated through the Interlocal Agreement for Public Educational Facilities Siting (Appendix A) and the objectives and policies contained in this Element. The goals, objectives and policies of this Element identify which Future Land Use Map (FLUM) categories allow the placement of public school facilities, without having to amend the Future Land Use Map. If the proposed public school facility site is located within a FLUM category in which public educational facilities are an allowable use, then the consistency of the site with the comprehensive plan is evaluated using severallocational criteria identified in the policies of this element. Decisions on school site selection will be done in accordance with the review process established in the existing Interlocal Agreement for Public Educational Facilities Siting. In addition, the School District will consider school site locations that encourage public schools in proximity to urban residential areas and opportunities to collocate public schools with other public facilities. Sustainable Design The decision of the School District to utilize sustainable building and landscaping methods will be supported by Pinellas County. Pinellas County is committed to the sharing of information with the School District on such items as sustainable design and green building practices. Discussions may also take place on opportunities to incorporate demonstration projects and technologies on public school sites with the aid of the local government. Such demonstrations could include: pervious pavements; Florida-Friendly landscape practices; xeriscaping; rain barrels and other forms of stormwater retention; directional orientation to capture natural lighting; energy efficient windows; grey-water systems for the flushing of toilets; solar electricity; light pollution reduction strategies; or green roofs. By demonstrating such technologies at the public schools, local schools can serve as community models of environmental efficiency, and may even assist the greater community in reaching the goals of improved water quality and conservation. Collocation with Other Public Facilities The collocation and shared use of facilities are important to the School District and local governments. The School District and each local government will look for opportunities to collocate or share the use of each entity's facilities. Taking advantage of these opportunities provides for more efficient and effective use of limited public resources. When a new facility is considered, how that facility will fit into the local community and the contribution that facility will bring to the community will need to be assessed. Opportunities for collocation and shared use will be considered on a case-by-case basis for libraries, parks, recreational facilities, community centers, learning centers, museums, performing arts centers, stadiums, healthcare and social services, and other uses as may be determined appropriate. Table 18 displays how public school facilities are currently providing community access through joint-use and shared-use agreements. In some cases, local governments and nonprofit agencies allow the School District to use their facilities. These schools are examples of how public school facilities can serve the broader community, and not 68 Attachment number 3 Page 74 of 88 be limited to only the school-aged population. These public school facilities also allow for public programs to take place that may be otherwise unavailable because of a lack of suitable space to facilitate them. Through the renovation, replacement, and redevelopment of existing public school facilities, opportunities may arise for public schools to serve as community focal points. Current facilities however, will continue to be made available through joint-use agreements for use by the community. TABLE 18 Agreements between the Pinellas County School Board and Local Governments, Agencies and Organizations for the Shared Use of Facilities SCHOOL NAME DESCRIPTION OF USE AGREEMENT Anona Elementary YMCA before- and after-school child care. Azalea Elementary YMCA of St. Petersburg before- and after-school child care. City of St. Petersburg installed and maintains a lighted soccer field within the school Azalea Middle track for use by the city and the school. City of St. Petersburq therapeutic recreation proqram in school qym. Bardmoor Elementary Cross Bayou Little League uses field space for baseball and soccer practices. Osceola Youth Soccer Ass. Uses field space for soccer practices. R'Club before- and after-school child care. Bay Point Elementary YMCA of St. Petersburg before- and after-school child care. Bay Vista Fundamental Elementary R'Club before- and after-school child care. Joint-use-of-facilities agreement with Grace Bible Church for the infrequent use of each Bear Creek Elementary other's facilities. YMCA of St. Petersburg before- and after-school child care. Belcher Elementary School YMCA before- and after-school child care. Somerset Homeowners Assc. installed and maintains a privacy fence along the western Belcher Road Site edge of the site. Belleair Elementary YMCA before- and after-school child care. Joint-use-of-facilities agreement with Northwest Presbyterian Church for occasional use Blanton Elementary of each other's facilities. R'Club before- and after-school child care. Boca Ciega High Gulfport Little Leaque uses playfields for practices. Joint-use-of-facilities agreement with Little League Baseball Inc. The Little League can schedule use of the school's gym and parking lot, and the school's sports teams can schedule use of the Little Leaque's pool and baseball diamond. NFL Europe uses athletic facilities for practices in February. NFL Europe donates funds to the school for athletic facility improvements. Brooker Creek Elementary YMCA after-school art program. YMCA after-school sports clinics. YMCA before- and after-school child care. An agreement with Brookwood Florida for limited maintenance of a shared wall between Campbell Park Elementary he two sites. YMCA of St. Petersburg before- and after-school child care. A 27 acre school district site adjacent to the Boy Scouts' Lake Chautauqua property Camp Soule Property (Site S-7) provided for Boy Scout activities. A lawn-maintenance agreement with Bentley Park Homeowners Ass. For the land Carwise Middle parcel located between the assc. perimeter wall and Alderman Rd. Palm Harbor Parks and Recreation installed and maintains soccer fields on the western portion of the school site for recreation department and school use. Clearview Baptist Church provides overflow parking and playfield space in exchange for Clearview Avenue Elementary annual reimbursement towards maintenance costs 69 Attachment number 3 Page 75 of 88 SCHOOL NAME DESCRIPTION OF USE AGREEMENT YMCA of St. PetersburQ before- and after-school child care. Clearwater HiQh City of Clearwater (Jr. Tornadoes) youth football use of stadium in the fall. YMCA summer pool proqram. A small parcel across Holt Ave. is used as overflow parking by the city in its lease to Le- Clearwater Intermediate Middle axon Technology Institute. Countryside High City of Clearwater (Jr. Cougars) youth football use of stadium in the fall. City of Clearwater youth soccer uses practice fields, Aug- Nov. City of Clearwater installed lights north and northwest of the school stadium for use by the city and school. Cross Bayou Elementary R'Club before- and after-school child care. Curlew Creek Elementary YMCA before- and after-school child care. Curtis Fundamental Elementary YMCA before- and after-school child care. A .8 acre parcel of land with building located across the street from the school is provided to Community Pride Child Care Center of Clearwater. Cypress Woods Elementary YMCA after-school art program. YMCA after-school sports clinics. YMCA before- and after-school child care. Joint-use-of-facilities agreement with Heritage United Methodist Church for overflow Davis, Leila G., Elementary parking. YMCA before- and after-school child care. Dunedin Elementary City of Dunedin before- and after-school child care. Blue Jays spring training; Visitors allowed to park on field with parking revenue shared by the city and school. Dunedin Jr. Falcons youth football program uses the northwest portion of high school site. The Falcons installed and maintain light poles for use by the Fr. Falcons and the Dunedin High schools. The City of Dunedin inspects the lighting regularly. City of Dunedin summer recreation camp. City of Dunedin track program, Wednesdays. City of Dunedin adult flaQ football; six Saturdays. City of Dunedin HiQhland Games use of football field and parkinQ lot. Joint-use-of-facilities agreement with City of Dunedin. Various short-term uses of school facilities. High school sports teams obtain use of Highlander Pool, Sterling Recreation Center, Englebert Complex and Fischer Field for games and practices. NFL Europe uses athletic facilities for practices in February. NFL Europe donates funds to the school for athletic facility improvements. Dunedin Highland Middle City of Dunedin before-school child care. City of Dunedin evening basketball program in the gym, Dec- June, 4 evenings per week. City of Dunedin summer recreation camp. Shared-use of lighted softball fields, soccer fields and other recreation amenities within the City of Dunedin on the southwest portion of the site. Joint-use-of-facilities agreement with EL YSA. East Lake High School soccer teams use the EL YSA Sports Complex on Keystone Rd., and EL YSA occasionally uses the school East Lake High stadium. YMCA basketball league uses gym during school year, Mon-Thur. School swim team uses YMCA of North Pinellas pool. YMCA summer basketball league uses gym, Man-Fri. YMCA tennis and wrestling camp at various times during the year. YMCA flag football leagues and soccer leagues at various times during the year. YMCA summer cheerleading camp. Shared use driveway at Drew St. and Hampton Rd. locate partially on the school site Eisenhower Elementary and partially on city land. R'Club before- and after-school child care. 70 Attachment number 3 Page 76 of 88 SCHOOL NAME DESCRIPTION OF USE AGREEMENT Fairmount Park Elementary R'Club before- and after-school child care. Pinellas County uses auditorium periodically as mid-county location for public meetings, Fitzgerald Middle e.g., transportation issues Forest Lakes Elementary SPC College For Kids summer program. YMCA before- and after-school child care. Frontier Elementary YMCA before- and after-school child care. Fuguitt Elementary School SPC College For Kids summer program. YMCA before- and after-school child care. Garrison-Jones Elementary City of Dunedin before- and after-school child care. SPC College For Kids summer program. Gibbs High City of St. Petersburg (Lightning Bolt Track Club) uses track, Apr - Aug. Gulf Beaches Elementary Joint-use-of-facilities agreement with St. Albans Episcopal Church for overflow parking. YMCA of St. PetersburQ before- and after-school child care. Gulfport Elementary R'Club before- and after-school child care. Hiqh Point Elementary R'Club before- and after-school child care. Highland Lakes Elementary SPC College For Kids summer program. An agreement with Sutton Place Homeowners Assc. For limited maintenance of a common masonry wall between the assc. and the school site. YMCA before- and after-school child care. Hopkins Middle R'Club before- and after-school child care. City of St. Petersburq (Fast Forward Track Club) uses track year-round. Jamerson, Douglas L., Elementary YMCA of St. Petersburg before- and after-school child care. Jordan Park A portion of the facility is provided to Head Start. Kennedy Middle YMCA before- and after-school child care. Kings Highway Elementary R'Club before- and after-school child care. Lake St. George Elementary YMCA before- and after-school child care. Lakeview Fundamental Elementary R'Club before- and after-school child care. City of St. Petersburg installed and maintains playground equipment on the 7th St. side Lakewood Elementary of the site for use by the community and the school. R'Club before- and after-school child care. NFL Europe uses athletic facilities for practices in February. NFL Europe donates funds Lakewood High to the school for athletic facility improvements. City of St. Petersburg installed and maintains two lighted baseball fields lighted softball field and a t-ball field on 10 acres located on the southeast portion of the site for use by the city and the school. City of St. Petersburg, Baypoint Little League, uses ball fields. Largo Central Elementary Overflow parkinQ from City of LarQo events. R'Club before- and after-school child care. Largo High City of Larqo summer recreation camp. City of Largo summer volleyball camp. Overflow parkinQ from City of LarQo events. City of LarQo track camp, Feb-Apr., Wednesday eveninQs. City little leaque use of baseball field, Jan-May, eveninqs and weekends. City of Largo installed lights on the ball field for use by the city and the school. Joint-use-of-facilities agreement with City of Largo. Various short-term uses of school facilities. High school sports teams obtain use of Southwest Recreation Center, Bayhead Complex, Highland Recreation Center and Largo City Park. Largo Middle Overflow parking from City of Largo events. YMCA before- and after-school child care. Lealman Avenue Elementary R'Club before- and after-school child care. Lynch Elementary Meadowlawn Little League uses the ball fields and playfields evenings and weekends. 71 Attachment number 3 Page 77 of 88 SCHOOL NAME DESCRIPTION OF USE AGREEMENT YMCA of St. PetersburQ before- and after-school child care. Madeira Beach Elementary YMCA of St. PetersburQ before- and after-school child care. The southwest portion of the site is provided to the City of Madeira Beach for use as Madeira Beach Middle Bicentennial Park. City of Madeira Beach uses field area for weekend soccer programs. City of Madeira Beach uses parking lot for occasional weekends for overflow parking for city events. City of Madeira Beach sponsors use of field one weekend in April for American Cancer Society's Relay For Life. Marshall Thurgood Middle R'Club before- and after-school child care. City of St. Petersburg installed and maintains playground equipment on the northeast Maxima Elementary corner of the site for use by the community and the school. YMCA of St. Petersburg before- and after-school child care. McMullen-Booth Elementary R'Club before- and after-school child care. City of St. Petersburg installed and maintains two football fields and associated Meadowlawn Middle amenities for use by the city and the school. Melrose Elementary YMCA of St. PetersburQ before- and after-school child care. Mildred Helms Elementary City of Larqo before-and after-school child care. City of St. Petersburg installed and maintains playground equipment on the north portion Mount Vernon Elementary of the site for use by the community and the school. YMCA of St. Petersburg before- and after-school child care. Nina Harris Center R'Club before- and after-school child care. Joint-use-of-facilities agreement with the Masonic Home for occasional use of each North Shore Elementary other's facilities. YMCA of St. Petersburg before- and after-school child care. North Ward Elementary YMCA before- and after-school child care. City of St. Petersburg newspaper recycling bin. City of St. Petersburg (St. Pete Junior Magic basketball program) Aug- March, Mon- Northeast High Thurs. YMCA of St. Petersburg summer pool program Northwest Elementary YMCA before- and after-school child care. Oakhurst Elementary School YMCA of St. PetersburQ before- and after-school child care. SWFWMD permitted to install monitoring wells onsite at the SW corner of Chestnut and Oldsmar Elementary Buckingham. YMCA before- and after-school child care. Orange Grove Elementary YMCA before- and after-school child care. Osceola High Cross Bayou Little League uses field space for baseball and softball practices. Osceola Youth Soccer Assc. uses field space for soccer practices and games. OYSA installed lights on the field are on south portion of the site. Osceola Middle Cross Bayou Little League uses field for baseball and softball practices. Osceola Youth Soccer Assc. uses field space for soccer practices. Ozona Elementary YMCA before- and after-school child care. Palm Harbor Elementary R'Club before- and after-school child care. Palm Harbor Parks and Recreation installed and maintains the football field inside the Palm Harbor Middle school track for use by the recreation department and school. Palm Harbor University High Palm Harbor Parks and Recreation summer basketball camp. YMCA youth basketball leagues, year-round evenings, Man-Fri. School swim team uses YMCA of Palm Harbor pool. YMCA sports camps, summer, Man-Thurs. Perkins Elementary YMCA of St. Petersburq before- and after-school child care. SPC College For Kids summer program. Pinellas Central elementary YMCA of St. PetersburQ before- and after-school child care. Pinellas Park Middle YMCA of St. PetersburQ before- and after-school child care. Plumb Elementary YMCA before- and after-school child care. 72 Attachment number 3 Page 78 of 88 SCHOOL NAME DESCRIPTION OF USE AGREEMENT Ponce de Leon Elementary School City of LarQo before-and after-school child care. RawlinQs Elementary R'Club before- and after-school child care. Ridqecrest elementary R'Club before- and after-school child care. Rio Vista Elementary City of St. Petersburg after-school program. Riviera Middle City of St. PetersburQ youth basketball proQram uses Qym, Sept-Mar, Fridays. City of St. Petersburg uses field for youth baseball. Safety Harbor Elementary YMCA before- and after-school child care. Safety Harbor Middle Shared -use of track constructed on the middle school site by the City of Safety Harbor San Jose Elementary City of Dunedin before- and after-school child care. Sanderlin, James B., Elementary R'Club before- and after-school child care. An agreement with Stuart S. Golding Co. for limited maintenance of a wall between the Sanders, Richard L. school and Park Plaza Shopping Center. Pinellas County Environmental Division permitted to place an air-quality monitoring Sandy Lane Elementary station onsite. Located west of parking lot. R'Club before- and after-school child care. City of St. Petersburg installed and maintains two lighted football/soccer fields and Sawgrass Lake Elementary associated improvements for use by the city and the school. YMCA of St. PetersburQ before- and after-school child care. Joint-use-of-facilities agreement with VFW Post 9272 to use each other's facilities for Seminole Elementary overflow parking. R'Club before- and after-school child care. City of Seminole uses auditorium and stage one weekend in February for Miss Seminole Seminole High Pageant. Kiwanis Horses for Handicap Foundation of Pinellas County provides professional Seminole Vocational Education personnel, materials and supplies; and SVEC provides a riding area, horses and Center volunteers. The proQram benefits exceptional students. SPC Veterinary TechnoloQY ProQram. Seventy-Fourth St. Elementary R'Club before- and after-school child care. Sexton Elementary YMCA of St. Petersburg before- and after-school child care. SPC ColleQe For Kids summer proQram. Shore Acres Elementary R'Club before- and after-school child care. Skycrest Elementary YMCA before- and after-school child care. Pinellas County Environmental Division permitted to place an air-quality monitoring Skyview Elementary station onsite. Located on the southeast portion of the site. R'Club before- and after-school child care. Joint-use-of-facilities agreement with First United Methodist church of Clearwater for South Ward Elementary overflow parking needs. YMCA before- and after-school child care. Southern Oak Elementary R'Club before- and after-school child care. Southside Fundamental Middle R'Club before- and after-school child care. Albright United Methodist Church provides overflow parking spaces in exchange for St. Petersburg High limited parking lot maintenance. Starkey Elementary Cross Bayou Little Leaque uses field space for baseball and softball practices. Osceola Youth Soccer Assc. Uses field space for soccer practices. YMCA before- and after-school child care. SPC ColleQe For Kids summer proQram. Stephens, Paul B., Center R'Club before- and after-school child care. Sunset Hills Elementary YMCA before- and after-school child care. City of Tarpon Springs use of parking lot for overflow parking resulting from Sunset Beach concert. Sutherland Elementary R'Club before- and after-school child care. Tarpon SprinQs Elementary YMCA before- and after-school child care. 73 Attachment number 3 Page 79 of 88 SCHOOL NAME DESCRIPTION OF USE AGREEMENT Tarpon Springs Fundamental Agreement permitting the City of Tarpon Springs use of Board-owned land adjacent to Elementary Ed Dorsett Park. YMCA before- and after-school child care. Tarpon Springs High City of Tarpon Springs youth football playoffs 2 weekends in November. Tyrone Elementary R'Club before- and after-school child care. Joint-use-of-facilities agreement with the Elks Club, primarily for overflow parking. Pinellas County Environmental Division permitted to lace an air-quality monitoring Tyrone Middle station onsite. Located near the corner of Tyrone Blvd. and 66th St. City of St. Petersburg adult basketball program uses gym, Man-Wed. R'Club before- and after-school child care. WalsinQham Elementary R'Club before- and after-school child care. WestQate Elementary YMCA of St. PetersburQ before- and after-school child care. Woodlawn Elementary YMCA of St. Petersburq before- and after-school child care. Source: Pinellas County School District, 2006. Emergency Shelters The use of public school facilities as emergency shelters is an important asset to the local community. As Pinellas County is a peninsula with water on three sides, a hurricane or other severe weather event has the potential to cause significant damage from high winds and rising water. It is important that there be as many shelter spaces available to the resident population as possible. The State of Florida and Pinellas County have recognized that public schools can serve as excellent emergency shelters because of their sizes, construction standards and facilities. Table 19 displays the facilities throughout Pinellas County that are utilized for emergency shelters, the population they serve, and their capacity. According to the 2006 Hurricane Evacuation Study, Pinellas County has a deficit of 21,244 shelter spaces for emergency situations. Currently, the County has 73,440 shelter spaces, including those shelter spaces not located within a public school facility. Northside Baptist Church, White Chapel Harbor Hall, and St. Pete Judicial Tower, are the only non-public school facilities that offer emergency shelter space in Pinellas County. 74 Attachment number 3 Page 80 of 88 TABLE 19 2006 Hurricane Evacuation Shelter List Shelter Name Address City Capacity Tarpon Sprinqs Middle School 501 North Florida Avenue Tarpon Sprinqs 2,617 Brooker Creek Elementary School 3130 Forelock Road East Lake 1,389 East Lake High School 1300 Silver Eagle Drive East Lake 4,041 Carwise Middle School 3301 Bentley Drive Palm Harbor 4,043 Palm Harbor University High School 1900 Omaha Street Palm Harbor 3,022 Palm Harbor Middle School 1800 Tampa Road Palm Harbor 2,848 White Chapel Harbor Hall * 1190 Georgia Avenue Palm Harbor 85 Safety Harbor Middle School 901 - 1 st Avenue North Safety Harbor 7,707 Dunedin Highland Middle School */** 70 Patricia Avenue Dunedin 1,825 McMullen Booth Elementary School 3025 Union Street Clearwater 1,327 Kennedy Middle School *** 1660 Palmetto Street Clearwater 3,512 Oak Grove Middle School */** 1370 South Belcher Road Clearwater 1,801 Largo High School *** 410 Missouri Avenue Largo 1,074 Bauder Elementary School 12755 - 86th Avenue North Seminole 1,159 Pinellas Park Hiqh School 6305 - 118th Avenue North Pinellas Park 4,150 John M. Sexton Elementary School 1997 - 54th Avenue North St. Petersburg 1,372 Lealman Middle School 4900 - 28th Street North St. Petersburg 3,504 Northside Baptist Church 6000 - 38th Avenue North St. Petersburg 1,325 St. Petersburg High School *** 2501 - 5th Avenue North St. Petersburg 2,167 St. Petersburg Judicial Tower * 545 - 1 st Avenue North St. Petersburg 525 Fairmount Park Elementary School 575 - 41 st Street South St. Petersburg 1,157 Campbell Park Elementary School 1051 - 7th Avenue South St. Petersburg 2,660 John Hopkins Middle School ** 701 - 16th Street South St. Petersburg 1,113 Gibbs High School 850 - 34th Street South St. Petersburg 6,550 Jamerson Elementary School 1200 - 37th Street South St. Petersburg 1,347 Gulfport Elementary School 2014 - 52nd Street South Gulfport 2,660 Thurgood Marshall Middle School* 3901 - 22nd Avenue South St. Petersburg 7,205 Sanderlin Elementary School 2350 - 22nd Avenue South St. Petersburg 1,255 Total Hurricane Evacuation Shelter Spaces: 73,440 Notes: * Pet Friendly Shelter ** Special Needs Shelter *** Homeless Friendly Shelter Capacity is based on square footage per person: General shelter space based on 10 square feet per person. Special Needs shelter space based on 40 square feet per person. Source: Pinellas County Emergency Management Department, 2006 75 Attachment number 3 Page 81 of 88 Unique Local Government Circumstances, Initiatives, etc. (this section has been reserved so that a local government has an opportunity to discuss any unique circumstances or initiatives with the School District that are not covered elsewhere in the Element.) MONITORING AND EVALUATION Consistent with the adopted Public Schools Interlocal Agreement (Appendix B), the Public Schools Collaborative will meet once yearly, in order to monitor and evaluate the progress and implementation of this Element, the Interlocal Agreement, and school, concurrency. At such time, the Collaborative may propose amendments if deemed necessary. The public will be provided an opportunity to provide input at all Collaborative meetings. 76 Attachment number 3 Page 82 of 88 DEFINITIONS Additional Capacity means school facilities that will be in place or under actual construction within three years based on the Five-Year Work Program. Attendance Area means a geographical area that contains a number of schools for parents to consider for their child. Each area contains, to the extent possible, equivalent academic offerings to all students in that area, an equal distribution of exceptional student education programs, racial balances that comply with the court order and distances that are reasonable for transportation purposes. Available Capacity shall be calculated based on the following formula: Available Capacity = [FISH School Capacity + Additional Capacity] - [Enrollment + Vested Students] Class-Size Amendment-the amendment to Section 1 of Article IX of the Florida Constitution in November 2002, establishing, that by the beginning of the 2010-2011 school year, the maximum number of students in core-curricula courses assigned to a teacher in each of the following three grade groupings; (1) Pre-kindergarten through grade 3, 18 students; (2) grades 4 through 8, 22 students; and (3) grades 9 through 12, 25 students. SB-30A specifically implements the reduction of the average number of students per classroom by at least two- students-per-year beginning with the 2003-2004 fiscal year until the maximum number of students per classroom does not exceed the 2010-2011 maximum. Concurrency Service Area-means the areas of the County within which the level of service will be measured for school concurrency purposes. The boundaries of these areas shall be adopted by the School Board. The initial Concurrency Service Areas will be represented by the Choice Attendance Areas, which are areas of the County designated by the School Board for purpose of student assignment. Educational Plant Surveyor the Five-Year Plant Survey- means the systematic study of educational and ancillary plants of the School Board conducted at least every five years to evaluate existing facilities and plan for future facilities to meet proposed program needs. (see Section 1013.35, F.S.) Effective Date means the date as of which school concurrency will be applied to residential site plans or final residential subdivision approvals, after the Public School Facility Element (PSFE) and land development regulations implementing the PSFE are in effect for all Partner Local Governments. Enrollment- means the official student enrollment count of the fall semester. Existing Level of Service or LOS shall be calculated for each Concurrency Service Area and shall be based on the following formula: [LOS = Student Enrollment + Vested Students] I [FISH School Capacity + Additional Capacity] 77 Attachment number 3 Page 83 of 88 Five-year Facilities Work Program or the Five Year Work Program - means the document created by the School District to assist it as it plans, proposes, and prioritizes its current and five-year capital outlay needs. (see Section 1013.35, F.S.) FISH (Florida Inventory of School Houses)- means the inventory numbering system used by the Florida Department of Education for parcels, buildings, and rooms in public educational facilities. FISH School Capacity- means the number of students that may be housed in a facility at any given time based on State Requirements of Educational Facilities (SREF). Level-of-Service Standard or LOS Standard-establishes the minimum service level that will be provided by public school facilities in Pinellas County. The LOS Standard is applied consistently district-wide and is established within both the Public Schools Interlocal Agreement and the Public School Facilities Element. Local Government or Local Governments-means Pinellas County and all of the municipalities within the County. Metropolitan Planning Organization (MPO)-An organization made up of local elected and appointed officials responsible for developing, in cooperation with the state, transportation plans and programs in metropolitan areas containing 50,000 or more residents. The Pinellas County MPO develops plans, policies, and priorities that guide decision making on transportation issues in Pinellas County. Partner Local Governments- Includes Pinellas County and the municipalities within Pinellas County that are a party to the Public Schools Interlocal Agreement. This term in the Public School Facilities Element is equivalent to the term 'Local Governments' as used in the Public Schools Interlocal Agreement. Pinellas Schools Collaborative- the group consisting of two elected representatives from the School Board and one elected representative from each of the partner local governments. The Collaborative shall review and consider amendments to the Public School Facilities Element, shall meet to consider the implementation of the Public Schools Interlocal Agreement and school concurrency, propose amendments for improvement if deemed necessary, and shall have any other powers specifically assigned to it pursuant to the Public Schools Interlocal Agreement. Proportionate Share Mitigation- means a legally binding commitment by a developer to provide mitigation proportionate to the demand for public school facilities to be created by a proposed development, if school capacity is not available to meet the impact of the development. The proportionate share mitigation amount shall be calculated using the following formula for each school level: Multiply the number of additional new student stations required for mitigation of the estimated demand for public school facilities created by the proposed Residential 78 Attachment number 3 Page 84 of 88 Approval by the average cost per student station using the actual construction cost being experienced by the School District for student stations at the time when proportionate share mitigation is accepted plus the inclusion of land costs, if any. Public School Facilities Element (PSFE) - means the element required to be adopted in local government comprehensive plans by Section 163.3177 (12), F.S., for those communities that are required to implement a school concurrency program. Public Schools Interlocal Agreement - means the Interlocal Agreement filed with the Pinellas County Board Clerk on April 24, 2007 between the Pinellas County School Board, Pinellas County, and the twelve municipalities within Pinellas County that are required to implement school concurrency per Section 163.31777(1), F. S., or as it may subsequently be amended. Remodeling - As defined in the Florida Building Code, Chapter 4, Section 423.5., means the changing of existing facilities by rearrangement of space andlor change of use. Renovations - As defined in the Florida Building Code, Chapter 4, Section 423.5., means the rejuvenating or upgrading of existing facilities by installation or replacement of materials and equipment. The use and occupancy of the spaces remain the same. Residential Approvals- means residential site plans or final residential subdivision approvals. School Capacity and Level of Service Report- means the report annually prepared by the School District to calculate the existing level of service and the Available Capacity within each Concurrency Service Area. School Planning Workgroup- the group consisting of staff from each of the partner local governments, the School District, and the Pinellas Planning Council that provides support to the Pinellas Schools Collaborative. School Transportation and Enhanced Pedestrian Safety (STEPS) Committee- means the intergovernmental committee of transportation, education and law enforcement professionals, in addition to citizen representatives. The Committee works exclusively on trip-to-school safety issues, with a primary focus on interagency communication and resolutions to vehicular and pedestrian safety concerns at school sites and on routes to school. School Transportation Safety Committee (STSC)- means the MPO intergovernmental committee comprised of elected officials and citizen re from the County, the municipalities, and the School Board. The committee works exclusively on trip-to-school safety issues, with a primary focus on policy, practices, multi-jurisdictional matters and site-specific concerns. State Requirements for Educational Facilities- means a document produced by the State of Florida Department of Education, outlining state requirements for property acquisitionldisposal, finance, lease and lease-purchase, historic buildings, program development, professional services, inspection services, and design and inspection standards. The second volume of the 79 Attachment number 3 Page 85 of 88 document contains Florida's Uniform Building Code, while the appendices provide samples of the required forms. Sustainability - means meeting the environmental, social and economic needs of today without compromising the ability to meet those needs in the future. Type of School - means an elementary, middle or high school. Vested Students - means the estimated number of students that would be generated from Residential Approvals after the Effective Date (see Section 13.a.i. of the Public Schools Interlocal Agreement) less the number of Vested Students represented by the dwelling units of the Residential Approvals that (1) received certificates of occupancy since the Effective Date when preparing the first School Capacity and Level of Service Report or since the preparation date of the previous Report when preparing the second and subsequent Reports and are located in a residential development that received School Concurrency Approval, or (2) had their School Concurrency Approval expire. 80 Attachment number 3 Page 86 of 88 (Each City will attach their Interlocal Agreement here) APPENDIX A Interlocal Agreement for Public Educational Facilities Siting 1 Attachment number 3 Page 87 of 88 APPENDIX B Public Schools Interlocal Agreement 1 Attachment number 3 Page 88 of 88 APPENDIX C School District Five-Year Work Program 1 er5 er6 GJ ~ ~ ~ $: ~ ~ -. 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'\, , I Atlachmenl number 14 Page 1 of 22 EXHIBIT A ATTACHMENT TO ORDINANCE 7870-07 AMENDMENT 1 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Objective 3.1 and Policy 3.1.3 of Goal 3 of the Plan on pageA-8 asfollows: * * * * * 3"1 Objective - Public institutions, such as hospitals, sehools, parks, utility facilities and government facilities, shall be provided sufficient land area to accommodate identified public needs" Policies * * * * * 3.1.3 Public school sites shall be developed in locations suitable for the on site and off site impacts associated '.vith such facilities and in a manner consistent with City of Clearwater development regulations. * * * * * AMENDMENT 2 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES Delete Goal 6; Objective 6.1; and Policies 6.1.1 through 6.1.12 of Goal 6 on pages A -14-18 as follows: * * * * * 6" COAL TO COORDINATE THE LOCATION OF NE'" AND EXPANDED SCHOOL SITES .A.ND F.A.CILITIES IN ORDER TO ENSURE C01VIP.A.TIBILITY AND CONSISTENCY "'1TH THE CITY'S COMPREHENSIVE PLAN" 6"1 Objeetive The City shall support efforts that faeilitate eoordination of planning between the City and the Pinellas County Sehool Board for the loeation and development of publie edueational faeilities" Policies 6.1.1 Public education facilities are defined as elementary schools, special education facilities, alternative education facilities, middle schools, high schools, and area '1ocational technical schools of the Pinellas County School District. - 1 - Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 2 of 22 6.1.2 Public education facilities of the Pinellas County School District are an allowable use within the following land use categories: . Residential Estate . Residential Suburban . Residential Low . Residential Urban . Residential Lo'.v Medium . Residential Medium . Residential High . Residential/Office Limited . Residential/Office General . Institutional 6.1.3 The proposed location of ne'.v public school facilities or the extension of an existing site shall be reviewed for opportunities to integrate/collocate schools and other public facilities, including but not limited to: bike and pedestrian paths, emergency shelters, libraries, parks, and community centers. 6.1.1 The location and construction of neJ.v public education facilities, or the extension of an existing site, within one of the future land use categories listed in Policy 6.1.2 shall only be allo'.ved upon a determination by the City, following the requisite public hearings to be held by the School Board, that the proposed site is consistent '.vith the City's comprehensive plafr 6.1.5 In addition to overall consistency with the City's comprehensive plan, the proposed location of a new or expanded public education facility of the Pinellas County School District '.vithin one of the land use categories listed in Policy 6.1.2 shall be reviewed and considered with the following general criteria: 1. The proposed location is compatible '.vith present and projected uses of adjacent property [s.235.19 (2) (a)]. 2. The site area of the proposed location is adequate for its intended use based upon the State Requirements of Educational Facilities and provides sufficient area to accommodate all needed utilities and support facilities and allo'.vs for adequate buffering of surrounding land uses. 3. Based upon the 5 year Capitol Improvement Program of the Pinellas County School District and the City's comprehensive Plan, there '.vill - 2- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 3 of 22 be adequate public services and facilities to support the public schools [s.231.193 (2)]. 1. There are no significant environmental constraints that '.'Iould preclude development of public education facilities on the site. 5. There will be no adverse impacts on archaeological or historical sites listed in the National Register of Historic Places or designated by the City as locally significant historic or archaeological resources. 6. The proposed location is well drained and soils are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements. 7. The proposed location is not in conflict with the County's Stormwater Management Plan and the City's adopted '.yatershed management plan, if applicable. 8. The proposed location is not in a velocity flood zone or a floodway. 9. The proposed location can accommodate the required parking and anticipated queuing of vehicles on site. 10. The proposed location lies outside the area regulated by section 333.03 (3), F.S. regarding the construction of public educational facilities in the '.'icinity of an airport. 6.1.6 The follo'.ving criteria shall also be used to evaluate '.'Ihether proposed locations of specific types of schools are consistent with the City's Comprehensive Plan: 1. Elementary Schools, Special Educational Facilities, and Altematiye Education Facilities 1. The proposed location shall have direct access to at least a minor collector road or as otherwise approved by the City after determination of acceptable traffic impacts on adjacent roads oflesser classification. 11. Outdoors recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. 2. Middle Schools - 3- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 4 of 22 1. The proposed location shall haye direct access to at least a minor collector road or as othenvise approved by the City after determination of acceptable traffic impacts on adjacent roads oflesser classification. 11. Outdoors recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. 3. High Schools 1. The proposed location shall have direct access to at least a major collector road or as otherwise approved by the City after determination of acceptable traffic impacts on adjacent roads oflesser classification. 11. Stadiums, outdoors recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. 1. Vocational Technical Schools 1. The proposed location shall have direct access to at least a major collector road or as otherwise approved by the City after determination of acceptable traffic impacts on adjacent roads oflesser classification. 11. Industrial education facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. 6.1.7 Proposed location that are less than the standard site acreage as prescribes in the Florida Department of Education State Requirements of Educational Facilities may be determined to be consistent with the City's Comprehensive Plan provided the requirements of Section 235.19 (3), F.S. are met and off site impacts can be adequately mitigated. 6.1.8 A determination that a proposed new site or additional property is consistent '.vith the City's comprehensive plan may be conditioned '.'lith reference to specific types of public educational facilities. 6.1.9 At the time of consistency determination, the City may impose reasonable conditions for development of the sites as it relates to any of the criteria on Policies 6.1.1 and 6.1.5 Conditions may not be imposed which conflict '.'lith those established in Chapter 235 or the State Uniform Building Code, unless mutually agreed [s.235.193 (6)]. - 4- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 5 of 22 6.1.10 Before a significant change of program at a public education facility is implemented, the School Board and the City shall require a reyiew of the facilities on site and off site impacts. The School Board and the City will work cooperatiyely to mitigate on site and off site impacts, including impacts to public facilities, identified through the revie'.y. 6.1.11 The City and the Pinellas County School Board shall annually coordinate in the deyelopment of their respectiye capital improyement programs. 6.1.12 The policies in Objective 6.1 aboye are assumed to be consistent with and do not oollify or conflict '.vith the provisions of Chapter 235.F. S. * * * * * AMENDMENT 3 - INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Objective 28.1 and Policies 28.1.1 through 28.1.8 and add Objective 28.2 and Policies 28.2.1 through 28.2.7 of Goal 28 of the Plan startingfrom page H-2 asfollows: * * * * * 28"1 Objective - The Clearwater Comprehensive Plan shall be forwarded to the school board, Pinellas County, other adjacent local governments, and agencies (previously noted), such as the M"P"O", which have regulatory or operating authority in the City for purposes of coordinating future operations and development in the City" Policies 28.1.1 The City of Clearwater shall continue to coordinate with the School Board, as outlined in the interlocal agreement entered into bet'.veen the City of Clearwater and the Pinellas County School Board on March 11, 1997. The City shall also continue to implement the public educational facilities siting requirements, as indicated in the Future Land Use Element, consistent '.vith Chapter 163 and 235, F.S. 28.1.2 The City recognizes State legislation regarding continued State funding for schools which are designated as historic and shall continue to coordinate '.vith the appropriate State and Federal agencies to ensure the contiooed preservation of South '1'/ ard School, a National Register building. 28.1.1~Clearwater supports a multi-jurisdictional land use planning entity III Pinellas County. - 5- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 6 of 22 28.1.2:4Clearwater supports intergovernmental coordination in transportation and mass transit planning, through the M.P.O. and P.S.T.A. 28.1.l-~Clearwater shall propose additional intergovernmental coordination mechanisms to enhance services, as noted in the Parks and Recreation and Housing Elements. 28.1.:!:~The City conforms to State public records laws, and as a policy, provides requested information on as timely a basis as possible. 28.1.2.+The City shall provide annual Comprehensive Plan monitoring information, in a timely fashion, to be used to direct public expenditures. 28.1.Q&Clearwater shall present any community redevelopment district plans, or redevelopment district and boundary changes, for approval by the Board of County Commissioners. 28.2 Obiective - The City of Clearwater shall continue to coordinate its Comprehensive Plan with plans of the School Board of Pinellas County and other local 20vernments throu2h participation in ioint plannin2 processes and procedures. Policies 28.2.1 The City of Clearwater shall implement the Public Schools Interlocal Agreement in coordination with the School District and the other local governments that are signatories to the Agreement (the partner local governments). 28.2.2 In fulfillment of Section 8 of the Public Schools Interlocal Agreement, the City of Clearwater shall continue its participation on the Pinellas Schools Collaborative, which shall meet at least once a year to evaluate implementation of the Public Schools Interlocal Agreement and school concurrency, and propose amendments for improvement if deemed necessary. 28.2.3 The City of Clearwater, the School District, and the partner local governments shall coordinate annually in preparing a staff report on the effectiveness of school concurrency that will be presented at the annual meeting of the Pinellas Schools Collaborative, with the annual School Capacity and Level of Service Report forming the basis for the staff report. 28.2.4 The City of Clearwater, the School District, and the partner local governments shall coordinate in amending the Public School Facilities Element according to the procedures in Section 10 of the Public Schools Interlocal Agreement, to ensure that the Public School Facilities Element -6- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 7 of 22 within the local government comprehensive plans remains coordinated and consistent with one another and with the plans of the School Board. 28.2.5 The City of Clearwater, through the implementation of its concurrency management system and the Public Schools Interlocal Agreement, shall coordinate and share information with the School District and the Pinellas County Planning Department to determine whether there is available public school capacity to support the anticipated students from residential site plans and final residential subdivision approvals. 28.2.6 The City of Clearwater, its partner local governments, and the School District shall cooperate in establishing a procedural manual for implementation of school concurrency. This manual and any subsequent changes to the manual will be developed by the School Planning Workgroup and approved by the Pinellas Schools Collaborative. 28.2.7 The City of Clearwater shall coordinate with the School Board of Pinellas County to implement the public educational facilities siting requirements of Chapter 163 and Chapter 1013, F.S., as stipulated in the Interlocal Agreement for Public Educational Facilities Siting entered into between the City of Clearwater and the School Board on March 11, 1997, or as it may be subsequently amended. 28.2.8 The City recognizes State legislation regarding continued State funding for schools which are designated as historic and shall continue to coordinate with the appropriate State and Federal agencies to ensure the continued preservation of South Ward School, a National Register Historic building. * * * * * AMENDMENT 4 - INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Objective 31.2; and delete Policies 31.2.3 through 31.2.7 and renumber 31.2.8 through 31.2.11 of Goal 31 of the Plan starting on page H-6 asfollows: * * * * * 31.2 Objective - Identify and describe joint processes for collaborative planning on population projections, school siting, facilities subject to concurrency, facilities with countywide significance, and problematic uses. * * * * * 31.2.3 The City will forward the population projections used in the comprehensiye plan to the School Board so they can consider projected gro'Nth and development as it -7- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 8 of 22 relates to the future need for schools in the School Board's 5, 10, and 20 year facility plan. 31.2.1 The City '.vill amend its existing Interlocal agreement '.vith the School Board to include the joint utilization of consistent and coordinated population projections. 31.2.5 The City will utilize the countywide planning process as a means of notifying the School Board, '.vhich has one member on the PPC, and School Board staff, '.vhich has one member of the Planners Adyisory Committee, of proposed land use plan amendments. 31.2.6 The City 'Hill utilize the county.vide planning process, or other appropriated process, in the review and recommendation of any necessary modifications to the agreed upon school siting processes due to intergovernmental conflicts or to address any needed refinements to reflect current statutory requirements. 31.2.7 The City will review the School Board's anooally updated 5 year School Plan Survey (5 year facility '.vork program), 10, and 20 year facility '.vork programs and coordinate those plans with the comprehensiye plan. 31.2.1& The City will coordinate, through the Metropolitan Planning Organization (MPO), the transportation needs of the City with the needs of the remainder of the county and the Florida Department of Transportation (FDOT). 31.2.29 The City will continue to coordinate with the Pinellas County Board of County Commissioners staff for the provision of countywide facilities, including but not limited to, solid waste disposal, the St. Petersburg/Clearwater International Airport, and the Pinellas County Emergency Operations Center. 31.2.3-W The City will continue to coordinate with the MPO and the Pinellas Suncoast Transit Authority staffs for the provision of bridges, major transportation facilities, and mass transit. 31.2.4+l The City will forward notice of proposed future land use plan policies related to hurricane shelters and evacuation routes, as well as map amendments resulting in an increase in population within coastal high hazard areas, to the TBRPC and the Pinellas County Emergency Management Department to determine hurricane shelter space and the effect of increased evacuation clearance times and routes. * * * * * -8- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 9 of 22 AMENDMENT 5 - CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES AND POLICIES Add Objective 32.7 and Policies 32.7.1 through 32.7.5 to Goal 32 after page 1-9 of the Plan as follows: * * * * * 32.7 Obiective - The City, in coordination with the School District, shall ensure that the capacity of public schools is sufficient to support the anticipated students from residential site plans and final residential subdivision approvals consistent with the adopted level-of-service standard for public schools. Policies: 32.7.1 The City shall utilize the following level-of-service standard for public school facilities, which shall be applied consistently district-wide by the School District and by the local governments within Pinellas County that signed the Public Schools Interlocal Agreement (the partner local governments ). District-wide Level of Service Standard: Student enrollment plus vested students divided by Florida Inventorv of School Houses (FISH) School Capacity plus additional capacity does not exceed 100 percent. This level-of-service standard shall apply to each type of public school facility. 32.7.2 The School Capacity and Level of Service Report, prepared by the School District, approved by the School Board, and delivered to the City no later than November 30th of each year, and as adiusted throughout the year based on the official student enrollment count of the fall semester and the estimated number of vested students, shall be utilized by the City as the basis for assessing the existing level of service conditions and the available capacity within each Concurrency Service Area. 32.7.3 By December 1st of each year, the City shall adopt by reference the School District's Five-Year Work Program to ensure the level of service standard is achieved and maintained during the period covered by the five-year schedule within the Capital Improvements Element. 32.7.4 The School Board, in coordination with the partner local governments, will use the procedure in Section 3(a) of the Public Schools Interlocal Agreement to annually update the District's Five-Year Work Program to maintain a financially-feasible capital improvements program that is able to achieve and maintain the adopted level of service standard within the period covered by the five-year schedule. -9- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 10 of 22 32.7.5 The City hereby adopts by reference the Capacity Proiect Schedule Section of the School District's Five-Year Work Program for FY 2007/08 through 2011/12, as adopted by the School Board on September 10,2007. AMENDMENT 6 PUBLIC SCHOOL FACILITIES ELEMENT GOALS, OBJECTIVES AND POLICIES Add the Introduction and Summary of Needs for the Public School Facilities Element; and add new Goals 33-36; with new Objectives and Policies after page 1-9 of the Plan as follows: Public School Facilities The Public School Facilities Element (PSFE) forms the basis for implementing school concurrency and other subiects addressed in the Public Schools Interlocal Agreement that was entered into between the Pinellas County School Board, twelve municipalities, and Pinellas County Government. The Florida Statutes require this element to be included in the City's Comprehensive Plan. Public School Facilities Needs Summary . The City acknowledges the need to continue its membership and participation with the Pinellas County School Planning Workgroup and Pinellas Schools Collaborative for consistency with the Public School Facilities Elements throughout the county. . The City recognizes the need to participate in a concurrency program to track development countyWide, ensuring that public school facilities will not be adversely affected by additional development and redevelopment. . The City will continue to work together with its partner governments, Pinellas County and the Pinellas County School Board on a model school concurrency system for tracking purposes and a procedures manual. GOALS, OBJECTIVES AND POLICIES 33. GOAL - TO PROVIDE ALL STUDENTS OF THE PINELLAS COUNTY SCHOOL DISTRICT THE OPPORTUNITY FOR HIGH STUDENT ACHIEVEMENT THROUGH THE AVAILABILITY OF HIGH QUALITY PUBLIC EDUCATIONAL FACILITIES THROUGH PARTNERSHIPS AND EFFECTIVE COLLABORA TION AMONG LOCAL GOVERNMENTS AND THE PINELLAS COUNTY SCHOOL DISTRICT, AND BECAUSE OF A SHARED COMMITMENT TO EDUCATIONAL EXCELLENCE. - 10- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 11 of22 33.1 Objective - The Citv. its partner local 20vernments. and the School District a2ree to coordinate and base their plans upon consistent projections of population 2rowth and student enrollment. and will coordinate in sharin2 of information on proposed school facility chan2es. certain planned infrastructure improvements. and proposed land use plan amendments and/or rezonin2s that increase or decrease residential densities. Policies 33.1.1 The City, its partner local governments, and the School District, will utilize population growth projections prepared by the Pinellas County Metropolitan Planning Organization's Technical Coordinating Committee, when developing their plans and student enrollment projections, consistent with Section 2 of the Public Schools Interlocal Agreement. 33.1.2 To ensure that land use and zoning decisions are adequately coordinated with public school facility planning, the City shall continue to notify the School District of all Local Planning Agency hearings where land use plan amendments and/or rezonings will be considered that increase or decrease residential densities. 33.1.3 The City shall inform the School District in advance of infrastructure proj ects that will restrict vehicular or pedestrian accessibility to public schools with sufficient time for School District review and comment, in compliance with Section 3(b) of the Public Schools Interlocal Agreement. An example would be infrastructure projects that would disrupt the use of sidewalks that are utilized by students accessing public school facilities. 33.1.4 The School District shall notify the City of the need for on site or off-site improvements to support new, proposed expansion, or redevelopment of existing schools within the jurisdiction of the City. Thereafter, representatives of the School District and Clearwater will meet and determine the responsibility for making such improvements and identify other agencies that should be involved. The School District and the City will then meet with the other agencies to coordinate the completion of the on-site and off-site improvements, in accordance with Section 5 of the Public Schools Interlocal Agreement. 33.2 Objective - The City. throu2h implementation of its concurrency mana2ement system for public school facilities. and in coordination with the School District. shall ensure that there is available public school capacity to support the anticipated students from residential site plans and final residential subdivision approvals ("Residential Approvals") consistent with the adopted level-of-service standard for public school concurrency -11- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 12 of 22 throu2hout the rive years covered bv the Five-Year Work Pro2ram. as amended. and the period or the lon2-ran2e plannin2 pr02ram contained in the Public School Facilities Element. Policies 33.2.1 The City hereby adopts, consistent with Section 11 of the Public Schools Interlocal Agreement, the following level-of-service standard, which shall be applied consistently district-wide by all partner local governments within Pinellas County and by the School District. District-wide Level-or-Service Standard: Student enrollment plus vested students divided by Florida Inventorv of School Houses (FISH) School Capacity plus additional capacity does not exceed 100 percent. This level-of-service standard shall apply to each type of public school facility. 33.2.2 If the utilization rate established by the State Requirements for Educational Facilities (SREF) is changed and it will impact how the School District determines school capacity, the School District will notify all partner local governments of the change. 33.2.3 Amendments to the adopted level-of-service standard shall be accomplished using the procedure contained in Section 10 of the Public Schools Interlocal Agreement. 33.2.4 Within six months of the Public School Facilities Element being found in compliance, the City shall amend its concurrency management system regulations in order to incorporate concurrency requirements for public school facilities, whereby Residential Approvals that are anticipated to generate demands for public school facilities will be contingent upon the availability of public school facility capacity, sufficient to achieve and maintain the adopted level-of-service standard. 33.2.5 School concurrency shall be measured and applied on the basis of Concurrency Service Areas, as established by the School Board and as documented in the data and analysis support section of the Public School Facilities Element. 33.2.6 The School Board shall maXImIze school capacity through program adiustments and/or through adiustments to Concurrency Service Area boundaries, consistent with Section 12 of the Public Schools Interlocal Agreement, to ensure that each Concurrency Service Area will, in the aggregate, operate at the adopted level-of-service standard throughout the five-year period covered by the Five-Year Work Program, as amended. - 12- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 13 of 22 33.2.7 When adiusting Concurrency Service Area boundaries, the School Board shall take into consideration the factors identified in Section 12 of the Public Schools Interlocal Agreement. 33.2.8 Consistent with Sections 1002.33(1) and 1002.33(2), F.S., the City and the School District shall recognize charter schools as public school facilities. Such facilities shall serve to expand the school capacity of the School District and are a potential option for mitigating the impact that new Residential Approvals may have on public school facilities. 33.2.9 The City, its partner local governments, and the School District shall utilize the uniform, district-wide procedure in Section 13 of the Public Schools Interlocal Agreement to implement school concurrency within their respective iurisdictions. 33.2.10The City and the School District shall utilize the School Capacity and Level of Service Report, prepared by the School District, approved by the School Board, and delivered to the City, no later than November 30th of each year, and as adiusted throughout the year based on the official student enrollment count of the fall semester and the estimated number of vested students, as the basis for assessing the existing level of service conditions and the available capacity within each Concurrency Service Area. 33.2.11In order to facilitate the accurate annual assessment of proiected public school facility capacity, the City shall, throughout the year, notify the Pinellas County Planning Department of development permits, including certificates of occupancy issued for new dwelling units and expired school concurrency Residential Approvals, that affect the availability of school capacity, consistent with Section 13 of the Public Schools Interlocal Agreement, so that an estimate of the number of vested students can be maintained for school concurrency purposes. 33.2.12A school concurrency Residential Approval shall be valid for purposes of the issuance of development orders or permits not to exceed a period of 24 months from the date of issuance. 33.2.13ln accordance with Section 13 of the Public Schools Interlocal Agreement, if the School District determines that there is not Available Capacity within an affected Concurrency Service Area to accommodate the estimated number of students that would be generated by a proposed Residential Approval and maintain the adopted level-of-service standard, then the School District shall consider whether there is Available Capacity in the contiguous Concurrency Service Area(s). -13- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 14 of 22 33.2.14Ifthe School District determines that, in the aggregate, there is Available Capacity in the affected Concurrency Service Area and in the contiguous Concurrency Service Area(s) to accommodate the estimated number of students from the proposed Residential Approval, then an adequate level of service would be provided and the Residential Approval shall be issued a School Concurrency Approval by the City. 33.2.15If the School District determines that, in the aggregate, there is not Available Capacity within an affected Concurrency Service Area and the adiacent Concurrency Service Area(s) to accommodate the estimated number of students from the proposed Residential Approval, a proposed Residential Approval will not proceed without execution of a legally binding development mitigation agreement between the applicant, the School Board, and the City designed to mitigate the impacts anticipated to be caused by the proposed Residential Approval on public school facilities, consistent with Section 163.3180, F.S., and Section 13 of the Public Schools Interlocal Agreement. The applicant and the School Board shall attempt to negotiate a development mitigation agreement. If the applicant and the School Board are unable to agree on an acceptable form of mitigation, the City may utilize the conflict resolution provision in Section 14 of the Public Schools Interlocal Agreement to attempt to resolve the impasse. 33.2.16A development mitigation agreement shall include the applicant's commitment to continue to renew the development agreement until the mitigation is completed as determined by the School Board or as determined through the conflict resolution procedures provided for in Section 14 of the Public Schools Interlocal Agreement, if applicable. (Rule 9J-5.025(3)(c)9, F.A.C.) 33.2.17 Acceptable forms of proportionate share mitigation that may be allowed by the School Board and the standards that determine the appropriate use of any mitigation funds required by the School District are identified in Section 13 h. of the Public Schools Interlocal Agreement. 18The City and the School District shall utilize student generation rates developed by the School District for purposes of calculating the anticipated number of public school students that would be generated by Residential Approvals and for developing student enrollment proiections. 19Prior to the utilization of new student generation rates, the City, through its participation on the School Planning Workgroup, will have the opportunity to review and comment on the proposed student generation rates developed by the School District before they are finalized by the Di stri ct. - 14- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 15 of 22 33.3 Objective - The Citv's five-vear schedule of capital improvements shall include those projects necessary to address any existin2 public school facility deficiencies and future public school facility needs consistent with the adopted level-of-service standard. 33.3.1 By December 1st of each year, the City shall amend its Capital Improvements Element to incorporate, by reference, the updated School District Five-Year Work Program adding a new fifth year to maintain a financially feasible capital improvements program and to ensure the level-of-service standard will continue to be achieved and maintained throughout the subsequent five-year planning period. 33.4 Objective - The City shall practice effective inter20vernmental coordination with its partner local 20vernments and the School District to ensure that land use plans, development approvals, and capital facilities plannin2 are coordinated with the availability of public school facilities. Policies 33.4.1 The City shall appoint one elected official to represent the City's interest to the Pinellas Schools Collaborative, to provide for collaborative oversight and to provide coordination and direction regarding the conduct of the school concurrency process and implementation of the Public Schools Interlocal Agreement. 33.4.2 The City, the School District, and partner local governments shall coordinate annually in preparing a staff report on the effectiveness of school concurrency that will be presented at the annual meeting of the Collaborative, with the annual School Capacity and Level of Service Report forming the basis for the staff report. 33.4.3 The City shall coordinate with the Pinellas County Planning Department in the maintenance of a countywide residential development tracking system, by providing necessary and timely development data, including demolitions and vested development data, required to accurately assess the impact of Residential Approvals on available school capacity. 33.4.4 Amendment of the Public Schools Facilities Element shall occur according to the procedure in Section 10 of the Public Schools Interlocal Agreement to ensure that the Element within the local government comprehensive plans remains coordinated and consistent with one another and with the plans of the School Board. 33.4.5 The City, its partner local governments, and the School District shall coordinate in establishing a procedural manual for implementation of school concurrency. This manual and any subsequent changes to the - 15- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 16 of 22 manual will be developed by the School Planning Workgroup and approved by the Pinellas Schools Collaborative. 34. GOAL - THE CITY SHALL COORDINATE WITH ITS PARTNER LOCAL GOVERNMENTS AND THE SCHOOL DISTRICT ON PROJECTS THA T ENCOURAGE COHESIVE NEIGHBORHOODS. THA T CONTRIBUTE TO COMMUNITY BUILDING. AND THA T PROVIDE FOR LONG- TERM SUSTAINABILITY. 34.1 Obiective: The City shall support efforts that facilitate coordination of plannin2 between the City and the School District for the location and development of public educational facilities. Policies 34.1.1 The City shall participate with the School District in the process of evaluating potential school closures, significant renovations to existing schools, and school site selection before land acquisition in accordance with the existing Interlocal Agreement for Public Educational Facilities Sitings that was entered into with the School Board on March 11, 1997 or as it may be subsequently amended. 34.1.2 For purposes of Obiective 34.1, public educational facilities are defined as elementary schools, special education facilities, alternative education facilities, middle schools, high schools, and area vocational-technical schools of the Pinellas County School District. 34.1.3 Public educational facilities of the School District are an allowable use within the following land use categories in the City: . Residential Estate . Residential Suburban . Residential Low . Residential Urban . Residential Low Medium . Residential Medium . Residential/Office Limited . Residential/Office General . Institutional 34.1.4 The location and construction of new public educational facilities, or the expansion of an existing site, within one of the future land use category listed in Policy 34.1.3 shall only be allowed upon a determination by the City that the proposed site is consistent with the City of Clearwater Comprehensive Plan. - 16- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 17 of 22 34.1.5 In addition to consistency with the City of Clearwater Comprehensive Plan, the proposed location of a new or expanded public educational facility of the School Board within one of the land use categories listed in Policy 34.1.3 shall be reviewed and considered with the following general criteria: 1. The proposed location is compatible with present and proiected uses of adiacent property. 2. The site area of the proposed location is adequate for its intended use based on the State Requirements for Educational Facilities and provides sufficient area to accommodate all needed utilities and support facilities and allow for adequate buffering of surrounding land uses. 3. Based on the Five-Year Work Program of the School Board and the City Comprehensive Plan, there will be adequate public services and facilities to support the public educational facility. 4. There are no significant environmental constraints that would preclude development of a public educational facility on the site. 5. There will be no adverse impact on archaeological or historic sites listed in the National Register of Historic Places or designated by a local government as locally significant historic or archaeological resources. 6. The proposed location is well drained and soils are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements. 7. The proposed location is not in conflict with the City's Stormwater Management Plan and any watershed management plans adopted by the City, if applicable. 8. The proposed location is not in a velocity flood zone or a floodway. 9. The proposed location can accommodate the required parking and anticipated queuing of vehicles onsite. 10. The proposed location lies outside the area regulated by Section 333.03(3), F.S., regarding the construction of public educational facilities in the vicinity of an airport. - 17- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 18 of 22 34.1.6 The following criteria shall also be used to evaluate whether proposed locations of specific types of schools are consistent with the City Comprehensive Plan: Elementary Schools, Special Education Facilities, and Alternative Education Facilities 1. The proposed location shall have direct access to at least a collector road or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification. 2. Outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. Middle Schools 1. The proposed location shall have direct access to at least a collector road or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification. 2. Outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. High Schools 1. The proposed location shall have direct access to at least a collector road, or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification. 2. Stadiums, outdoor recreational facilities, and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. V ocational- Technical Schools 1. The proposed location shall have direct access to at least a collector road, or as otherwise approved by the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification. - 18- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 19 of 22 2. Industrial education facilities shall be located and buffered on the proposed site to minimize impacts on adiacent properties. 34.1.7 Proposed locations that are less than the standard site acreage as prescribed in the Florida Department of Education State Requirements of Educational Facilities may be determined to be consistent with the City Comprehensive Plan provided the requirements of Section 1013.36, F.S., are met and off-site impacts can be adequately mitigated. 34.1.8 A consistency determination for a proposed new site or additional property with the City Comprehensive Plan may be conditioned with references to specific types of public educational facilities. 34.1.9 At the time of consistency determination, the City may impose reasonable conditions for development of the site as it relates to any of the criteria in Policies 34.1.5 and 34.1.6. Conditions may not be imposed which conflict with those established in Chapter 1013 of the Florida Statutes or the State Uniform Building Code, unless mutually agreed to by the City and the School District. 34.1.10Before a significant change of program at a public educational facility is implemented, the School District and the City shall require a review of the facility's onsite and offsite impacts. The School District and the City will work cooperatively to mitigate onsite and offsite impacts, including impacts to public facilities, identified through the review. 34.1.11 The policies in Obiective 34.1 are intended to be consistent with, and not conflict with, the provisions in Chapter 1013, F.S. 34.2 Obiective - Consistent with Section 163.3177(6)(a). F.S.. and consistent with the City future land use policies. the City shall explore those opportunities where co-location of public facilities and public schools provides a mutual benefit. serves a desirable community purpose. or represents an efficient use of finances and staff resources. Policies 34.2.1 As the opportunity arises, the City and the School Board, shall evaluate the ability to enter into an agreement to co-locate existing or planned school sites with other public facilities, including but not limited to: bicycle and pedestrian pathways, libraries, parks, community and recreational centers and facilities, museums, performing arts centers, auditoriums, stadiums, healthcare and social services and other uses as may be determined appropriate. - 19- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 20 of 22 34.2.2 Should the City and the School Board determine that the co-location of public facilities is mutually advantageous and desirable, the appropriate method of agreement will be decided upon, and could include such options as, but not be limited to, interlocal agreement, City of Clearwater resolution, or memorandum of understanding. 34.3 Obiective - The City will support the School District's commitment to sustainable desi2n and operations. as public schools are inte2ral contributors to the Quality of the surroundin2 community. Policies 34.3.1 The City and the School District will share information on sustainable design and green building practices, and take advantage of opportunities to incorporate demonstration proi ects and technologies onsite, so that local schools can serve as community models of environmental efficiency. 35 GOAL - THE CITY WILL COORDINATE WITH THE SCHOOL DISTRICT AND OTHER LOCAL GOVERNMENTS TO IMPROVE THE SAFETY OF STUDENTS AS THEY ACCESS PUBLIC SCHOOL FACILITIES. 35.1 Obiective - The City shall collaborate with the School District and other local 20vernments to promote safe access for students to public school facilities. Policies 35.1.1 The City shall partICIPate on the School Transportation Safety Committee (STSC) of the Pinellas County Metropolitan Planning Organization (MPO) to identify locations within the County where student safety is a concern, and to develop recommendations in response to student safety issues raised by the School District, local governments, the School Transportation and Enhanced Pedestrian Safety (STEPS) Committee, or the community to enhance the safety of students accessing public school facilities. 35.1.2 The City shall consider implementation of recommendations from the STSC that affect its iurisdiction, in coordination with the School District and any agencies that have some involvement in the identified action, to support student access to public schools in a manner that both improves student safety and is compatible with the surrounding community. - 20- Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 21 of 22 35.1.3 The City shall cooperate with School District initiatives that implement STSC recommendations for modifications to a school campus. 35.1.4 The City shall, in its capital improvement program, determine the priority for construction of those sidewalks, crosswalks, bicycle paths, and other improvements that help to provide continuous access to public schools for pedestrians and bicyclists. 35.1.5 The City shall annually update its Capital Improvements Element to identify the School District's capital needs in the Comprehensive Plan, enabling the coordination of existing and planned public school facilities with the required local capital proiects needed to provide support services for the safety of public school students. 35.1.6 For new development or redevelopment within a two-mile radius of any existing or planned public school facility, the City of Clearwater shall require the developer to construct sidewalks along the corridor contiguous to the property being developed that directly serves the public school facility, in support of Section 1013.36 (5), F.S. and the MPO 2025 Transportation Plan. 36. GOAL - OPPORTUNITIES ARE MAXIMIZED FOR PUBLIC SCHOOLS TO BE DESIGNED SUCH THAT THEY CAN SERVE A VITAL EMERGENCY MANAGEMENT PURPOSE IN TIMES OF DISASTER. 36.1 Obiective - The safety of the public shall be a hi2h priority when desi2nin2 future public school facilities and renovatin2 existin2 facilities. Policies 36.1.1 The City shall coordinate with the School District and Pinellas County on emergency preparedness issues, including the use of public school facilities for emergency shelters. (Rule 9J-5.025(3)(c)11, F.A.C.) 36.1.2 Future public school facilities that are not located within category 1, 2 or 3 evacuation zones, shall be designed to serve the public as emergency shelters, consistent with Section 1013.372 F.S. These public school facilities shall be designed according to the public shelter criteria outlined in the Florida Building Code. 36.1.3 The City shall annually update its Capital Improvements Element to ensure that the School District's capital needs are reflected in the Comprehensive Plan, enabling that coordination of existing and planned public school facilities with the required local capital proi ects needed to provide emergency shelter spaces, as identified by the Tampa Bay - 21 - Ord. 7870-07 Exhibit A Atlachmenl number 14 Page 22 of 22 Regional Hurricane Evacuation Study, developed by the Tampa Bay Regional Planning Council. - 22- Ord. 7870-07 Exhibit A Atlachmenl number 15 Page 1 of 5 CDB Meeting Date: Case # Ordinance #: Agenda Item: September 18, 2007 CP A2007 -06002 7870-07 F3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT COMPREHENSIVE PLAN AMENDMENTS REQUEST: Cleanvater Comprehensive Plan Text Amendments INITIATED BY: City of Clearwater Planning Department BACKGROUND INFORMATION: In 2005, the Florida State Legislature approved Senate Bill 360 that placed a requirement in the Florida State Statutes for a new Public School Facilities Element (PSFE) to be added to certain local comprehensive plans. The proposed text amendments meet the state mandated requirements of the bill, amending current Goals, Obj ectives and Policies of the Future Land Use, Intergovernmental Coordination and Capital Improvement Elements of Clearwater's Comprehensive Plan regarding schools and creating a new Public School Facilities Element in the Plan. In response to the mandate, Pinellas County, together with the Pinellas County School District and the twelve municipalities, including Clearwater, served by the District that are required to implement school concurrency, began the process of creating a PSFE. A School Planning Workgroup, that included staff from each affected government, the School District, and the Pinellas Planning Council, was formed in January 2006 to address this new requirement. The Workgroup made recommendations to the Pinellas Schools Collaborative. The Collaborative which consists of elected officials from Pinellas County, the twelve municipalities, and the School Board, had previously been formed to prepare the original Public Schools Interlocal Agreement, which was executed in April 2003. The Workgroup and the Collaborative met numerous times to develop an updated Interlocal Agreement, agreeing to create one Model PSFE that each local government would find acceptable to adopt, and to develop a countywide tracking system to ensure consistency in local governments so that public school facilities would not be adversely affected by additional development and redevelopment. The agreement was approved, signed and then recorded on April 25, 2007. The Model Element was approved by the Collaborative on June 6, 2007. The two groups will Page - 1 Atlachmenl number 15 Page 2 of 5 continue to work together on a model school concurrency system for tracking purposes along with a procedures manual. In accordance with Florida Statutes and the Department of Community Mfairs (DCA), the requisite schedule requires adoption of the City of Clearwater's new Public School Facilities Element by March 1,2008. Attached is the proposed ordinance for this element as modeled by the Pinellas County ordinance, along with corresponding amendments to the City's Future Land Use Plan, Capital Improvements and Intergovernmental Coordination Elements. ANALYSIS: A total of six amendments are proposed to the text of the Clearwater Comprehensive Plan in Ordinance No. 7870-07. These text amendments are exempt from the two times a year large scale plan amendment process, though, they are still required to be reviewed and approved by the Florida Department of Community Affairs. Please find a summary of each amendment below. 1. Amendment 1 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES - Amend Obiective 3.1 and Policy 3.1.3 of Goal 3 of the Plan on Page A- 8 (see page 1 of Exhibit A): Eliminate the word "schools" from Objective 3.1 and all of Policy 3.1.3 regarding public school sites; both are being placed within the new Public School Facilities Element as new Objective 33.1, Policies 33.1.1 through 33.1.4. 2. Amendment 2 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES (see pages 1-5 of Exhibit A): Eliminate Goal 6, associated objectives and policies related to school sites and facilities for compatibility with the City's Comprehensive Plan. They will be placed within the new Public School Facilities Element as new Goal 34, Objective 34.1 and Policies 34.1.1 through 34.1.11. 3. Amendment 3 - INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES (see pages 5-7 of Exhibit A): Eliminate the reference to "the school board" in Objective 28.1 and eliminate Policies 28.1.1 and 28.1.2 renumbering Policies 28.1.3 through 28.1.8; add new Objective 28.2 and related policies 28.2.1 through 28.2.8; for the City to continue to coordinate its Comprehensive Plan with plans of the School Board and other local governments through joint planning processes and procedures, and recognizing State legislation and funding for continued preservation of South Ward School, a National Register Historic building. Page - 2 Atlachmenl number 15 Page 3 of 5 4. Amendment 4 - INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES (see pages 7-8 of Exhibit A): Amend Obj ective 31.2 by the elimination of the words "school siting" and eliminate Policies 31.2.3 through 31.2.6 pertaining to school siting in this objective. See #3 above for new Objective 28.2 with related Policies 28.2.1 through 28.2.8. 5. Amendment 5 - CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES AND POLICIES (see pages 8-9 of Exhibit A): Add new Objective 32.7 and related Policies 32.7.1 through 32.7.5 for ensuring that the City in coordination with the School District will ensure that the capacity of public schools is sufficient to support the anticipated students from residential site plans and final residential subdivision approvals consistent with the adopted level-of- service standard for public schools. 6. Amendment 6 PUBLIC SCHOOL FACILITIES ELEMENT GOALS, OBJECTIVES AND POLICIES (see pages 9-21 of Exhibit A): Add an introduction, a Public School Facilities Needs Summary, Goals 33-36, and associated objectives and policies for the new Public School Facilities Element addressed in the Public Schools Interlocal Agreement that was entered into between the Pinellas County School Board, the City of Clearwater and eleven other municipalities, and Pinellas County Government in 2007: . Forming the basis for implementing school concurrency, . Establishing jointly the specific ways in which the plans and processes of the district school board are to be coordinated, . Acknowledging the School Board's constitutional and statutory obligations to provide a uniform system of free public schools on a countywide basis, and the land use authority of local governments, including their authority to approve or deny comprehensive plan amendments and development orders, . Providing mutually agreed upon definitions and procedures, and . Establishing a uniform public school facilities element and land development regulations in each local government to assist the Parties in assuring that sufficient capacity is available for new and existing students in school facilities. STANDARDS FOR REVIEW Pursuant to Community Development Code Section 4-603(F) no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the comprehensive plan consistent with the goals, policies and obiectives contained in the plan. Page - 3 Atlachmenl number 15 Page 4 of 5 The proposed amendments to the Future Land Use, Intergovernmental Coordination, and Capital Improvements Elements and the addition of a new Public School Facilities Element of the Clearwater Comprehensive Plan further refine the City's existing policies and objectives related to public school facilities. The proposed amendments are consistent with the existing goals, policies and obj ectives contained in the Plan and actually expand the city's long range planning policies related to the provisions for school facilities. 2. The amendment is not inconsistent with other provisions of the comprehensive plan. The proposed amendments are consistent with the provisions of the Comprehensive Plan. They broaden the City's approach to providing continued coordination with the School Board, Pinellas County Government and eleven other local governments on setting the processes and procedures for school concurrency, siting and other comprehensive plan issues related to schools in Pinellas County. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in questions and compatible with existing and planned uses in the area. The proposed amendments are text amendments that are not directly related to a specific property. 4. Sufficient public facilities are available to serve the property. The proposed amendments are text amendments that are not directly related to a specific property. 5. The amendment will not adversely affect the natural environment. The proposed amendments are text amendments that are not directly related to a specific property. 6. The amendment will not adversely impact the use of property in the immediate area. The proposed amendments are text amendments that are not directly related to a specific property. Page - 4 Atlachmenl number 15 Page 5 of 5 SUMMARY AND RECOMMENDATION: The proposed amendments to the Clearwater Comprehensive Plan recognize the importance of the amendments to the Future Land Use, Intergovernmental Coordination, and Capital Improvements Elements and the new Public School Facilities Element in the effort of consistency for the continued cooperation and coordination with the Pinellas School Board, Pinellas County Government and other local governments included in the interlocal agreement pertaining to school concurrency, siting, processes and procedures. The Planning Department Staff recommend APPROVAL of Ordinance No. 7870-07 that amends the Clearwater Comprehensive Plan. Prepared by Planning Department Staff: Sandra E. Herman Planner III ATTACHMENTS: Ordinance No. 7870-07 Exhibit A to Ordinance No 7870-07(Amendments 1 - 6) Data and Analysis Page - 5 ORDINANCE NO. 7883-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 7769-07, WHICH VACATED A PORTION OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, BEING A PART OF THE EXISTING RIGHT-OF-WAY OF OSCEOLA AVENUE AND A PORTION OF AN ALLEY LYING NORTH OF LOTS 2 AND 3 OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR; THREE DRAINAGE AND UTILITY EASEMENTS AND ONE INGRESS/EGRESS EASEMENT; AMENDING THE CONDITIONS AND REQUIREMENTS AS DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted Ordinance No. 7769-07, which vacated three drainage and utility easements, one ingress/egress easement described herein and a portion of Osceola Avenue right-of-way subject to conditions; and WHEREAS, Triangle Old Bay Holding, LLC, wishes to change certain conditions contained in Ordinance No. 7769-07; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2, Subsection (3) of Ordinance No. 7769-07 IS hereby amended as follows: 3) Applicant has provided to the City of Clearwater a Letter of Credit (LOC) or Performance Bond in an amount of not less than $1,000,000, said LOC/Bond to be used to assure construction and completion of the new Osceola Avenue improvements on Parcel Two, as provided FLD200605030 approved by the Community Development Board on Nov. 21, 2006 by City of Clearwater construction standards. Section 2. Section 3 shall be amended as follows: Section 3. '.^.'ithin eighteen months of the adoption of the ordinance, Applicant shall have obtained all necessary permits and commenced construction on the new Osceola Avenue by Auqust 15, 2008. \Nithin two (2) years of the date of adoption of this ordinance aAfi Pf}rior to the issuance of a certificate of occupancy for any portion of Applicant's property, and no later than February 15, 2009, Applicant shall have completed all improvements to the new Osceola Avenue (Parcel Two) in accordance with all City of Clearwater construction standards and the plans provided in FLD2006 05030 approved by the Community Development Board on Nov. 21, 2006. In the event Applicant fails to commence or complete the improvements as provided herein, the City of Clearwater may draw upon the Letter of Credit/Performance Bond in accordance with its terms, to complete right-of-way improvements. In the event Applicant makes such proqress in construction that the City Enqineer decides in his sole discretion, that Ordinance No. 7883-07 the full amount of the Letter of Credit is no lonqer necessary to fully secure Applicant's obliqations hereunder, the Letter of Credit may be reduced by such appropriate amount. Within 30 days of completion to City of Clearwater construction standards, the City of Clearwater will release said Letter of Credit. Section 3. This ordinance shall take effect upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. 7883-07 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept the EP A Brownfields assessment grant award dated September 11, 2007 in the amount of $400,000 (EP A grant #BF- 96486307-0)and authorize the appropriate officials to execte same. (consent) SUMMARY: Based on the application dated 711112007, the US Environmental Protection Agency (EP A) has awarded $400,000 to the City of Clearwater to conduct environmental assessment activities. This action approves an award to inventory brownfields, conduct community-wide environmental site assessments for hazardous substances and/or petroleum contamination, prepare cleanup and reuse plans, and carryout community involvement activities to encourage revitalization of Brownfields site( s) identified by the community such that the future reuse of the properties do not pose a threat to human health and the environment. One new focus for this grant is to develop a public health monitoring plan to address environmental justice issues impacting health and welfare. This plan will include blood lead testing and potential residential lead- based paint issues. The budget period for the award is October 1, 2007 through September 30, 201 O. EP A agrees to cover 100% of the approved budget costs incurred, up to and not exceeding total federal funding of $400,000. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: 1) Clerk Cover Memo Item # 10 Atlachment number 1 Page 1 of 6 BF - 96486307 - 0 Page 1 ASSISTANCE ID NO. ~(tE.O 5t41; U.S. ENVIRONMENTAL PRG I DOCID IAMEND# DATE OF AWARD ~. '~4' f ~\ SF - 96486307 - 0 09/11/2007 PROTECTION AGENCY o~o TYPE OF ACTION MAILING DATE New 09/18/2007 ~L AACf1E.#'''C Cooperative Agreement PAYMENT METHOD: ACH# ASAP 40149 RECIPIENT TYPE: Send Payment Request to: Municipal Las Vegas Finance Center RECIPIENT: PAYEE: City of Clearwater City of Clearwater P.O. Box 4748 P.O. Box 4748 Clearwater, FL 33758-4748 Clearwater, FL 33758-4748 EIN: 66-6000239 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Ms, Diane Hufford Barbara Caprita Keva Lloyd P.O. Box 4748 61 Forsyth Street Grants Management Office Clearwater, FL 33758-4748 Atlanta, GA 30303-8960 E"Mail: L1oyd.Keva@.epa.gov E-Mail: diane.hufford@myclearwater.com E-Mail: Caprita.Barbara@epamail.epa.gov Phone: 404-562-8420 Phone: 727.562.4054 Phone: 404-562-9969 PROJECT TITLE AND DESCRIPTION Brownfields Assessment and Cleanup Cooperative Agreements This action approves an award in the amount of $400,000 to the city of Clearwater, Florida to inventory brownfields, conduct community-wide environmental site assessments for hazardous substance and/or petroleum contamination, prepare cleanup and reuse plans, and carryout community involvement activities to encourage revitalization of Brownfields sites identified by the community such that the future reuse of the properties do not pose a threat to human health and the environment. BUDGET PERIOD I PROJECT PERIOD TOTAL BUDGET PERIOD COST I TOTAL PROJECT PERIOD COST 10/01/2007 - 09/30/2010 10/01/2007 - 09/30/2010 $400,000.00 $400,000.00 NOTICE OF AWARD Based on your application dated 07/11/2007, including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $400,000. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $400,000. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, Subchapter B, and all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION/ ADDRESS ORGANIZATION/ ADDRESS U.S. EPA, Region 4 61 Forsyth Street Resource Conservation and Recovery Act Division Atlanta, GA 30303-8960 61 Forsyth Street Atlanta, GA 30303-8960 THE UNITED STATES OF AMERICA BY THE US. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE Digital signature applied by EPA Award Official 09/11/2007 J. I. Palmer, Jr., Regional Administrator AFFIRMATION OF AWARD I BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE TYPED NAME AND TITLE DATE Mr. William B. Horne, II, City Manager Item # 10 Atlachment number 1 Page 2 of 6 EPA Funding Information BF - 96486307 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 400,000 $ 400,000 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $0 Other Federal Funds $ $ $0 Recipient Contribution $ $ $0 State Contribution $ $ $0 Local Contribution $ $ $0 Other Contribution $ $ $0 Allowable Project Cost $0 $ 400,000 $ 400,000 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.818 - Brownfields Assessment and Cleanup CERCLA: Sec. 101(39) 40 CFR PART 31 Cooperative Agreements CERCLA: Sec. 104(k)(2) Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation / Code Organization Class Organization Deobligation - 0704VT7036 07 E4 04VOAG7 402D79E 4114 G400NYOO C001 200,000 - 0704VT7036 07 E4 04VOAG7 402D79EBP 4114 G4000ROO C001 200,000 400,000 Item # 10 Atlachment number 1 Page 3 of 6 BF - 96486307 - 0 Page 3 Budget SummarY Paae: Communitv Wide Assessment Table A - Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1. Personnel $0 2. Fringe Benefits $0 3. Travel $3,000 4. Equipment $0 5. Supplies $7,000 6. Contractual $390,000 7. Construction $0 8. Other $0 9. Total Direct Charges $400,000 10. Indirect Costs: % Base $0 11. Total (Share: Recipient 0.00 % Federal 100.00 %.) $400,000 12. Total Approved Assistance Amount $400,000 13. Program Income $0 14. Total EPA Amount Awarded This Action $400,000 15. Total EPA Amount Awarded To Date $400,000 Item # 10 Atlachment number 1 Page 4 of 6 BF - 96486307 - 0 Page 4 Administrative Conditions 1. DRUG-FREE WORKPLACE CERTIFICATION FOR ALL EPA RECIPIENTS The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200 - 36.230. Additionally, in accordance with these regulations, the recipient organization must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Those recipients who are individuals must comply with the drug-free provisions set forth in Title 40 CFR 36.300. The consequences for violating this condition are detailed under Title 40 CFR 36.510, Recipients can access the Code of Federal Regulations (CFR) Title 40 Part 36 at http://www.access.Qpo.qov/nara/cfr/waisidx06/40cfr3606.html. 2. HOTEL-MOTEL FIRE SAFETY Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at htlp://www,usfa.dhs.gov/applications/hotel/ to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. 3. LOBBYING AND LITIGATION - ALL RECIPIENTS Pursuant to EPA's annual Appropriations Act, the chief executive officer of this recipient agency shall require that no grant funds have been used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. As mandated by this Act, the recipient agrees to provide certification to the award official via EPA Form 5700-53, Lobbying and Litigation Certificate, within 90 days after the end of project period, The form can be accessed at htlp://www,epa,gov/ogd/forms/adobe/5700-53.pdf. Recipient shall abide by its respective OMB Circular (A-21 , A-87, or A-122), which prohibits the use of federal grant funds for litigation against the United States. Any Part 30 recipient shall abide by its respective OMB Circular (A-21 or A-122), which prohibits the use of Federal grant funds to participate in various forms of lobbying or other political activities. 4. LOBBYING - ALL RECIPIENTS The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying . The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. 5. MANAGEMENT FEES AND SIMILAR CHARGES Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work 6. RECYCLING TERM AND CONDITION ALL RECIPIENTS: In accordance with EPA Order 1000.25 and Executive Order 13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition , the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. Please note that Section 901 of E,O. 13101, dated September 14,1998, revoked E.O. 12873, Federal Acquisition, Recycling, and Waste Prevention in its entirety. Item # 10 Atlachment number 1 Page 5 of 6 STATE AGENCIES AND POLITICAL SUBDIVISIONS Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. STATE AND lOCAL INSTITUTIONS OF HIGHER EDUCATION HOSPITALS, AND NON-PROFIT ORGANIZATIONS: Pursuant to 40 CFR 30.16, State and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines. 7. UNLIQUIDATED OBLIGATIONS TERM AND CONDITION: PART 31 Pursuant to 40 CFR 31.41(b) and 31.50(b), EPA recipients shall submit a final Financial Status Report - also called the SF269 - to EPA's Las Vegas Finance Center (L VFC), within ninety (90) days after the expiration of the budget period end date. Completed SF269s must be faxed to 702-798-2423 or mailed to the following address: USEPA LVFC, P.O. Box 98515, Las Vegas, NV 89193-8515. The L VFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final Financial Status Report. Recipients will be notified and instructed by EPA if they must complete any additional forms for the closeout of the assistance agreement. EPA may take enforcement actions in accordance with 40 CFR 31.43 if the recipient does not comply with this term and condition. 8. EPA PARTICIPATION This award and the resulting ratio of funding is based on estimated costs requested in the application. EPA participation in the final total allowable program/project costs (outlays) shall not exceed the statutory limitation 100% of total allowable program/project costs or the total funds awarded, whichever is lower. 9. MBE/WBE AND SMAll BUSINESS CONDITION FOR non-SRF RECIPIENTS REQUIREMENTS: The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement under assistance agreements. FAIR SHARE GOALS: (a) The recipient accepts the Minority Business Enterprise/Women's Business Enterprise (MBE/WBE) "fair share" goals and objectives negotiated with EPA as follows: FLORIDA SRF Construction: 9% MBE and 3% WBE (both SRFs) All Other Categories: 15% Combined (b) If the recipient does not want to rely on the applicable State's MBE/WBE goals, the recipient agrees to submit proposed MBE/WBE goals based on availability of qualified minority and women-owned businesses to do work in the relevant market for construction, services, supplies and equipment. "Fair share" objectives must be submitled to the EPA Grants Management Office, 61 Forsyth Street, Atlanta, GA 30303 within 30 days of award and approved by EPA no later than 30 days thereafter, PURPOSE AND OBJECTIVE: The recipient agrees to ensure, to the fullest extent possible, that at least the applicable "fair share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and Historically Black Colleges and Universities. BID DOCUMENTS FOR PRIME AND SUBCONTRACTORS: The recipient agrees to include in its bid documents the applicable "fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "fair share" percentages. REQUIRED STEPS AND DOCUMENTATION: Item # 10 Atlachment number 1 Page 6 of 6 The recipient agrees to follow the six affirmative steps or positive efforts stated in 40 CFR S30.44(b), 40 CFR S31.36(e), or 40 CFR S35.6580, as appropriate, and retain records documenting compliance. REPORTING: The recipient agrees to submit an EPA form 5700-52A "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements," beginning with the Federal fiscal year quarter the recipient receives the award and continuing until the project is completed. These reports must be submitled to the Grants Management Office within 30 days of the end of the Federal fiscal quarter (January 30, April 30, July 30, and October 30). For assistance awards for continuing environmental programs and assistance awards with institutions of higher education, hospitals and other non-profit organizations, the recipient agrees to submit an EPA form 5700-52A to the EPA Grants Management Office, 61 Forsyth Street, Atlanta, GA 30303 by October 30 each year. RACE AND GENDER NEUTRAL ACTION If race and lor gender neutral efforts prove inadequate to achieve a "fair share" objective, the recipient agrees to notify EPA in advance of any race and/or gender conscious action it plans to take to more closely achieve the "fair share" objective. SMALL AND RURAL BUSINESSES: In accordance with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988, the recipient agrees to utilize and to encourage any prime contractors under the assistance agreement to utilize small business located in rural areas to the maximum extent possible. The recipient agrees to follow the six affirmative steps stated in 40 CFR 30.44(b), 31.36 or 35.6580 as appropriate, in the award of any contracts under this assistance agreement. Compliance with this requirement will be monitored during management review conducted by EPA. 10. PRE-AWARD COSTS This agreement is a project cooperative/grant agreement subject to the terms and conditions of the approved work program. Costs incurred prior to the date of award are allowable for reimbursement under this award. 11. SUSPENSION AND DEBARMENT - ALL RECIPIENTS Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Recipient is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at www.epls.qov.This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matlers," 12. PROCUREMENT The cost of professional services contracts and/or small purchases procured in compliance with the minimum standards for procurement under grants (see 40 CFR 31,36) are allowable costs for reimbursement with grant funds. No grant funds may used to reimburse the federal share of any procurement action(s) found to be in noncompliance with the grant procurement regulations. (Note: all project expenditures are deemed to include both the federal and nonfederal shares). The recipient agrees to conduct all procurement actions under this assistance agreement in compliance with 40 CFR 31.36(b)-(k). The recipient may follow their own procurement procedure which may reflect compliance with applicable State and Local laws, regulations, ordinances, etc., provided that all procurement actions comply with the minimum standards for procurement under assistance agreements per 40 CFR 31.36. The recipient agrees to submit to EPA for pre-award and/or post award review procurement documents including, but not limited to: selection procedures, invitations for bids, independent cost estimates, requests for qualifications and/or proposals, evaluation methodology and results, memorandum of review or negotiation, cost and/or price analysis, proposed contract documents (prior to execution), disadvantaged business enterprise documentation, etc. No payments may be made under this grant until EPA has received and reviewed the procurement documents for compliance with the minimum standards for procurement. Proqrammatic Conditions Please see atlached FY 2007 Brownfields Assessment Grant Terms and Conditions. Item # 10 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to Northeast II, Inc. DBA: TC Specialties, of Tampa, FL in the amount of $380,000.00 (estimated) from November 1, 2007 through October 31, 2008 for mail processing services and postage for the City of Clearwater and the appropriate officials be authorized to execute same. (consent) SUMMARY: TC Specialties is the selected vendor of choice as the result of the City of Clearwater's Request for Proposal (RFP), 41-07, dated August 3, 2007 for mail processing services. The current contract with Aegis Mail Services expires October 31,2007. As part of the contract TC Specialities will: - pick up the City of Clearwater outgoing departmental mail - meter, barcode, presort (for postage discounts) and deliver the mail to the US Postal Service on the same day as pick up to ensure same day mailing - pick up the City of Clearwater printed utility bills - fold the bills and insert the bills into envelopes along with return envelopes and City of Clearwater inserts like the Sunshine Lines TC Specialities has regional operations in Orlando and Jacksonville, which will help to ensure that mail services are provided in the event that local service is temporarily unavailable (i.e. hurricane). The estimated costs can be broken down as follows: Professional Services $50,000.00 Postage - City Departmental Mail: $90,000.00 Postage - City Utility Bills: $240,000.00 Total: $380,000.00 Funding is available in the FY08 budget. Professional Services will be charged to 0555-09872-530300-519-000-0000 and charged back to the appropriate departmental cost center. Postage for City of Clearwater Departmental Mail will be charged to 0555- 09872-542500-519-000-0000 and charged back to the appropriate departmental cost center. Postage for City of Clearwater Utility Bills will be charged to 0555-09884-542500-000-0000. The contract will be reviewed annually for performance, and can be renewed with both parties' consent for two additional one-year terms. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: No $380,000 $380,000 2007 to 2008 Annual Operating Cost: Total Cost: $380,000 $380,000 Appropriation Code 0555-09872-530300-519-000- 0000 0555-09872-542500-519-000- Cover Memo Amount $50,000 Appropriation Comment Mailing Services Item # 11 $90,000 City Postage 0000 0555 -09884-542500-000-0000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk $240,000 Yes Utility Postage Bid Number: Bid Exceptions: 41-07 None Cover Memo Item # 11 00000000000000 ooooooooooo~~o ._ 0 0 0 0 0 0 0 0 0 0 0 0 _ :g <0- <0- <0- <0- "'</:- "'</:- "'</:- "'</:- <0- 00- 00- ("\J- ~~~~~~~~~~~~~ ~ 1-0 ~ 00000000000 00000000000 00000000000 ._ <0- <0- <0- <0- "'</:- "'</:- "'</:- "'</:- <0- 00- 00- (f)~;;;;;;;;;;;;;;;;;;;;;; Og- 00 .w o >.<>- ~ Q) 00 I[) <0 <0 Cli <0 I[) Ol "'</: "'</: <0 0 O("\J "- I[) <0 I[) ~ <0 "'</: ~ Ol 0 O~ <"i N ~ ;::: Lri (0 0 ~ "'" <"i 0 ocri Q) 00 0 Ol <0 <0 00 I[) ~ ~ ~Ol Cl I[) Ol "- ("\J Ol 00 00 I[) ("\J "- "- ro ro I[)- "'</:- I[)- "'</:- "'</:- I[)- I[)- "'</:- "-- <0- I[)- W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I[) 0 0 ~ ~ ~ ~ I- 0.. 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y; y; y; 00 00 I[) I[) ""''<1"- ('\1('\1 <17 <17 o o o I[)- <0 ~ o o I[) to ~ o o o 6 00 <17 o o o 00 <17 '<1"'<1" ~ ~ cricri 0000 I[) I[) l!"il[)- ('\I ('\I <17 <17 <0 Ol cri <0_ 00 ~ o I'- <0 ~ 00 ~ I'- '<I" "'" '<I" ('\I '<1"- I'- <17 I[) '<I" "'" ('\I '<I" ~ <17 I'- I'- I'- I'- cici 00 '<1"'<1" r0 (")- <17 <17 Ol 00 "'" Ol Ol r0 ('\I <17 Ol '<I" cri Ol (") ('\1- <17 <0 I'- N o 6 ~ 00 ~ o 0_ ~ ~ N cri Ol <0 ~ ~ ('\I ('\I 0l0l Ol- Ol- <0<0 I[) 00 <0 00- I[) <0 (") ('\1_ ~ ~ Q) 0> ~ Q) ~ o o ci <17 --' <( b I- Atlachment number 1 Page 6 of 10 o o ci <17 o o ci <17 --' <( b I- --' <( b I- Item # 11 Atlachment number 1 Page 7 of 10 Utility Bills Final Notices Direct Debit Reminder Fire Inserts 2 0 1 1 1 1 39,693 7,763 3,694 182 0 51,332 2 39,686 8,052 3,666 197 0 51,601 3 48,202 10,158 4,350 258 0 62,968 4 40,472 8,073 3,785 140 0 52,470 5 46,787 11,934 4,256 205 0 63,182 6 41,817 9,078 3,643 138 0 54,676 7 41,704 8,253 3,868 153 0 53,978 8 47,404 10,173 4,599 226 23 62,425 9 41 ,303 7,041 3,814 241 19 52,418 10 41,411 7,298 3,792 465 15 52,981 11 47,029 9,496 4,476 227 20 61,248 12 38,915 7,330 3,817 179 0 50,241 Total 514,423 104,649 47,760 2,611 77 669,520 Average Rounded City Mail 42,869 8,721 3,980 218 6 55,793 55,793 43,000 9,000 4,000 56,000 15,000 Fee Utility Mail Pieces Insertion Fee Sorting Fee 678,000 $20,340.000 $5,288.400 684,000 $21,204.000 $5,513.040 690,000 $22,080.000 $5,740.800 Year 1 Year2 Year 3 Total Fee $25,628.400 $26,717.040 $27,820.800 $80,166.240 Fees City Mail Pieces Metering Fee Sorting Fee Report Fee 180,000 $5,400.000 $2,700.000 $5,200.000 190,000 $5,890.000 $2,945.000 $5,200.000 200,000 $6,400.000 $3,200.000 $5,200.000 Year 1 Year2 Year 3 Total Fee Utility & City Fee $13,300.000 $38,928.400 $14,035.000 $40,752.040 $14,800.000 $42,620.800 $42,135.000 $122,301.240 Postage Utility Mail Pieces Postage Fee Budget 678,000 $196,620.000 $220,000.000 684,000 $208,620.000 $230,000.000 690,000 $220,800.000 $240,000.000 $626,040.000 $690,000.000 Year 1 Year2 Year 3 Postage City Mail Pieces Postage Fee Budget 1 80,000 $99,000.000 $120,000.000 190,000 $107,350.000 $120,000.000 200,000 $116,000.000 $120,000.000 $322,350.000 $360,000.000 Year 1 Year2 Year 3 Utility & City Poste $295,620.000 $315,970.000 $336,800.000 $948,390.000 $1,070,691.240 Item # 11 Atlachment number 1 Page 8 of 10 Budget $45,000.000 $50,000.000 $55,000.000 $150,000.000 Budget $340,000.000 $350,000.000 $360,000.000 $1,050,000.000 $1,200,000.000 Item # 11 Atlachment number 1 Page 9 of 10 Utility Bills Final Notices Direct Debit Reminder Fire Inserts 2 0 1 1 1 1 0 2 0 3 0 4 0 5 0 6 0 7 0 8 0 9 0 10 0 11 0 12 0 Total 0 0 0 0 0 0 Average 0 0 0 0 0 0 0 Rounded 44,000 9,500 6,500 60,000 City Mail 16,500 Fee Utility Mail Pieces Insertion Fee Sorting Fee Pick-up Total Fee Year 1 720,000 $19,512.000 $20,232.000 $1,000.000 $40,744.000 Fee City Mail Pieces Metering Fee Insertion Fee Pick-up Year 1 198,000 $5,563.800 $360.000 Total Fee $5,923.800 Fee City & Utility Mail (Line 1) Pieces Year 1 918,000 0555-09872-530300-519-000-0000 Combined Fee $46,667.800 Postage City Mail (Line 2) Pieces Year 1 198,000 0555-09872-542500-519-000-0000 Postage Fee $138,600.000 Postage Utility Mail (Line 3) Pieces Year 1 720,000 0555-09884-542500-519-000-0000 Postage Fee $237,600.000 Total $422,867.800 Item # 11 Atlachment number 1 Page 10 of 10 Budget $50,000.000 Budget $140,000.000 Budget $240,000.000 $430,000.000 Item # 11 Atlachment number 2 Page 1 of 10 SERVICES AGREEMENT SERVICES AGREEMENT ("Agreement") by and between Northeast II, Inc., DBA: TC Specialties, a Pennsylvania corporation ("TC Specialties") with its principal place of business at 5610 West Sligh Avenue, Suite 100 Tampa, FL 33634, and the City of Clearwater, a municipal corporation of the State of Florida ("City"), having offices at 100 S. Myrtle Ave., Clearwater, FL 33756 is made and entered into as of the _ day of ,2007. SECTION 1. Term 1.01 This Agreement shall become effective November 1, 2007, and shall remain in effect through October 31, 2008 unless otherwise terminated as provided for herein. 1.02 The initial contract will be for one (1) year with two (2) one (1) year extension options. The City of Clearwater will accept an annual cost escalation in an amount not to exceed the increase in the latest available 12 months as published by the U.S. Government under the "All Goods and Services" of the Consumer Price Index. The increase must be requested in writing at the time of renewal. The "All Goods and Services" index is available by phone or visit to the Reference Desk at any public library. SECTION 2. Agreement to Provide Services 2.01 TC Specialties will provide to the City the mailing services more particularly described in Exhibit "A", ("Services"), as may be amended from time to time, in accordance with the terms and conditions set forth herein. SECTION 3. Standards of Performance 3.01 All Services shall be performed in a manner consistent with the standards of performance as set forth in Exhibit "A". 3.02 In the event that TC Specialties does not perform any component of the Services in a manner that is substantially consistent with the standards of performance and such Services are not performed to the City's reasonable satisfaction, the City shall notify TC Specialties. Upon such notification, TC Specialties shall promptly take steps to correct or redo the work. 3.03 In the event TC Specialties consistently fails to substantially perform significant components of the Services to the City's satisfaction and such Services are not performed in a manner reasonably consistent with the standards of performance, the City shall notify TC Specialties in writing, specifying in reasonable detail the manner in which the City believes the 1 Item # 11 Atlachment number 2 Page 2 of 10 Services to be deficient. Within five (5) business days of such notification, TC Specialties shall either correct the deficiencies or submit a comprehensive corrective action plan to the City for approval, which approval shall not be unreasonably withheld, conditioned or delayed. TC Specialties' failure to correct the deficiencies or comply with such corrective action within the time specified in the plan shall constitute non- performance by TC Specialties. The City shall then have the option of terminating this Agreement, as set forth in Section 10 . SECTION 4. Contract Administration and Management Reporting. 4.01 The City shall designate a "Contract Administrator" for this Agreement who will serve as the liaison between TC Specialties and the City and shall be the authorized agent of the City. TC Specialties will direct all questions regarding this Agreement to the Contract Administrator and shall be fully protected in relying upon instructions from the Contract Admini strator. 4.02 TC Specialties shall designate a "Site Manager" for this Agreement. The Site Manager will be in charge of the day-to-day delivery of Services hereunder and will be the point of contact for all operational issues that anse. 4.03 TC Specialties will provide activity reports to the City within established time frames and in format mutually agreed upon by both parties. 4.04 TC Specialties shall maintain accurate records of all amounts billable to, and payments made by, the City under this Agreement in accordance with generally accepted accounting principles. TC Specialties shall preserve all records for a period of two (2) years after the termination of this Agreement. The City shall have access to such records, upon prior written request to TC Specialties, at all reasonable times during TC Specialties' normal business hours during the period in which TC Specialties is required to maintain such records, for the purpose of verifying the accuracy of the City billings or for any other reasonable purpose. 4.05 The respective party will give prior notice to the other party of any change in the Contract Administrator or Site Manager. SECTION 5. Prices and Payment Terms 5.01 Prices for Services to be provided hereunder are set forth in Exhibit "B". 5.02 The monthly charges for Services will be billed at the end of each month in which such charges were incurred. Payment by the City shall be subject to F.S. 218.70 Florida Prompt Payment Act. 2 Item # 11 Atlachment number 2 Page 3 of 10 5.03 The City will pay for, actual postage costs associated with the City mail. TC Specialties will maintain a daily accounting of postage costs associated with processing the City mail. At a minimum such accounting shall include beginning postage balance, number of pieces of City mail processed at various postage rates and daily ending postage balance. The City will maintain postage escrow accounts with TC Specialties for the Utility mail and the Departmental mail to cover ongoing postage expenses. SECTION 6. Insurance 6.01 TC Specialties shall furnish, pay for, and maintain during the life of the Agreement with the City the following liability coverage: A. Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $1,000,000.00 combined single limit Bodily Injury Liability and Property Damage Liability. B. Business Automobile Liability insurance in the amount of at least $1,000,000, providing Bodily Injury Liability and Property Damage Liability. C. Florida Workers' Compensation Insurance applicable to its employees, contractors, and subcontractors, including Employers' Liability. 6.02 The City is to be specifically included as an additional insured on all liability coverage described above, except the insurance coverage identified in paragraphs 6.01 (C). 6.03 All policies of insurance must be endorsed to provide the City with thirty (30) days notice of cancellation or restriction. 6.04 TC Specialties shall provide the City with a certificate or certificates of insurance showing the existence of the coverage required. TC Specialties will maintain this coverage with a current certificate or certificates of insurance throughout the term of the Agreement with the City. When specifically requested by City in writing, TC Specialties will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies if certified copies of policies have been requested, shall be provided to the City whenever any policy is renewed, revised or obtained from other insurers. 6.05 The address where such certificates and certified policies shall be sent or delivered is as follows: 3 Item # 11 Atlachment number 2 Page 4 of 10 City of Clearwater Attention: Official Records & Legislative Services P.O. Box 4748 Clearwater, FL 33758-4748 6.06 TC Specialties, shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from any performance under this Agreement entered into by the City and TC Specialties its employees, subcontractors, or assigns, including legal fees, court costs or other legal expenses. TC Specialties acknowledges that it is solely responsible for complying with the terms of the Agreement. TC Specialties shall at its expense, secure and provide to the City, prior to beginning performance under this agreement, all insurance coverage as required. SECTION 7. Indemnification 7.01 Each party agrees to indemnify and hold harmless the other, its respective directors, officers and employees, from all losses, claim of losses, damages and expenses (including without limitation court costs and reasonable attorneys' fees) asserted against the indemnified party by third parties and directly and proximately caused by the negligent acts or omissions or misconduct of the indemnifying party, its officers, agents, and employees or authorized representatives. 7.02 The party claiming indemnification under this Section 7 (the "indemnified party") shall promptly notify the other party of such claim. The indemnifying party shall have the right to control the defense of the claim including the right, with the consent of the indemnified party (which consent shall not be unreasonably withheld, conditioned or delayed), to compromise or settle such claim. The indemnified party shall participate in such defense if requested to do so by the indemnifying party and shall be reimbursed for its reasonable direct out-of pocket expenses incurred as a result of such participation. 7.03 The City shall be responsible for ensuring that it has appropriate rights to all materials that it directs TC Specialties to copy, use or distribute and shall indemnify and hold harmless TC Specialties, its officers, agents and employees from and against any and all suits, actions, legal proceedings, claims, demands, or costs arising form such copying, use or distribution at the request or instructions of the City. 7.04 TC Specialties maximum liability under Section 7 IS limited to those amounts set forth in Section 9. 4 Item # 11 Atlachment number 2 Page 5 of 10 7.05 The City's maximum liability under Section 7 is limited to those amounts set forth in Section 9. SECTION 8. Confidentiality and Protection of Intellectual Property 8.01 TC Specialties acknowledges that in providing the Services hereunder it may have access to confidential or proprietary information of the City, its affiliates or clients. TC Specialties agrees to use such information that is identified in writing by the City as being confidential or proprietary only to fulfill its obligations under this Agreement and agrees to hold such information in confidence. 8.02 TC Specialties shall inform its employees, agents and independent contractors who require access to information of the City, its affiliates, or clients in order for TC Specialties to perform the Services hereunder of the confidentiality obligations set forth above, and TC Specialties shall cause them to abide by such obligations. SECTION 9. Limits on Liability 9.01 In no event shall either party to this Agreement be liable to the other for special, consequential or indirect damages, including without limitation loss of anticipated profits, business opportunity or goodwill. 9.02 The City's maximum liability for any claim of whatever nature or any obligation hereunder to indemnify TC Specialties shall be limited to those amounts set forth in Section 768.28, Florida Statutes of $100,000 for any one person and $200,000 for anyone incident or occurrence. SECTION 10. Termination 10.01 In the event of substantial non-performance, as described in Section 3.03, the City shall have the right to terminate this Agreement upon 30 days prior written notice. 10.02 In addition to all other rights or remedies provided for in this Agreement or by law, this Agreement shall automatically terminate in the event that (a) a party hereto shall make a general assignment for the benefit of creditors, (b) a party hereto admits in writing its inability to pay debts as they mature, (c) a trustee, custodian or receiver is appointed by any court with respect to a party hereto or any substantial part of such party's assets, or (d) an action is taken by or against a party under any bankruptcy or insolvency laws or laws relating to the relief of debtors, including federal Bankruptcy Act, and such action is not dismissed within thirty (30) days. 5 Item # 11 Atlachment number 2 Page 6 of 10 10.03 Termination of this Agreement shall not relieve either party of the obligation to pay any amounts due, or to give any credit due, for Services rendered prior to the effective date of termination. SECTION 11. Force Majeure 11.01 Neither TC Specialties nor the City shall be responsible or incur any liability for any delay or failure in performance of any part of this Agreement to the extent that such delay or failure results from causes beyond its control, including but not limited to fire, flood, explosion, war, labor dispute, embargo, government requirement, civil or military authority, natural disasters, or other similar types of situations. If such situations occurs, the party delayed or unable to perform shall give prompt notice to the other party and shall use its commercially reasonable best efforts to resume Services, to the extent possible, as soon as practicable after the cessation of the situation. SECTION 12. Exhibits 12.01 Any Exhibits attached hereto are specifically made a part of this Agreement. 12.02 Any Exhibit may be amended or augmented only by the mutual written consent of the parties. Any such amended Exhibit shall be signed by both parties hereto and attached hereto and shall be considered a part of this Agreement. SECTION 13. Entire Agreement 13.01 This Agreement supersedes all prior written or verbal agreements, understandings and discussions between the parties. This Agreement cannot be modified unless signed by the party against whom such modification is sought to be enforced. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 6 Item # 11 Atlachment number 2 Page 7 of 10 SECTION 14. Miscellaneous 14.01 This agreement may not be assigned without the prior written consent of the other party, except that either party may assign this agreement to a parent, subsidiary, affiliate, or successor to substantially all of the assets of either party. Any purported assignment without consent shall be deemed null and void and having no effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. TC SPECIAL TIES By: Name: Title: Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor William B. Horne II City Manager Approved as to form: Attest: Camilo Soto. Assistant City Attorney Cynthia E. Goudeau City Clerk 7 Item # 11 Atlachment number 2 Page 8 of 10 SERVICES AGREEMENT Exhibit A Services 1. TC Specialties will be responsible for the pick up of the City printed Utility Bills, Direct Debit Utility Bills, Fire Re-Inspection Fee Statements, Reminder Final Bills and Final Notices five days per week (Monday - Friday) excluding ten (10) City Holidays between 1 :00 PM and 2:00 PM from the: Municipal Services Building Customer Service Department 100 S. Myrtle Avenue, Clearwater, FL 33756. 2. To distinguish between Utility bills, Direct Debit Utility Bills, Fire Re-Inspection Fee Statements, Reminder Final Bills and Final Notices the City will separate and identify them in containers for pick up and transport. 3. TC Specialties will fold Final Notices and insert into City (#10) envelopes. 4. TC Specialties will fold Reminder Final Bills and Fire Re-Inspection Fee Statements and insert them and a return (#9) envelope into a City (#10) envelope. 5. TC Specialties will fold Direct Debit Utility Bills and insert them and a Sunshine Lines into a City (#10) envelope. 6. TC Specialties will fold Utility Bills and insert them, a Sunshine Lines and a return (#9) envelope into a City (#10) envelope. 7. TC Specialties will insert additional inserts that may be requested by the City and targeted for select mailings. 8. TC Specialties will notify the City of postage increases due to increased weight of additional inserts. Upon notification, The City will instruct TC Specialties how to proceed. 9. The City will run Utility Mail in zip code order and affix a postal bar code. 10. TC Specialties will meter and sort completed Utility Mail to maximize postal discounts. 11. All Utility Mail will be processed and delivered to the Postal Service on the same day as picked up to ensure same day mailing. 8 Item # 11 Atlachment number 2 Page 9 of 10 12. TC Specialties will pick up and store one (1) month supply of City inserts and will store (1) months supply of City (#10) envelopes and return (#9) envelopes for the duration of this contract. 13. TC Specialties will use due diligence to prevent multiple bills from being inserted into one envelope and to prevent damage to and / or loss of bills or other types of errors. 14. If a Utility Bill or Notice is damaged in the course of processing, TC Specialties will email a PDF of the damaged bill to the City the same day for reprinting. 15. TC Specialties will be responsible for the pick up of City Department Mail five days per week (Monday - Friday) excluding ten (10) City Holidays between 1 :30 PM and 2:00 PM from the: Graphics Building Public Communications Department 711 Maple Street Clearwater, FL 33755 16. TC Specialties will meter City Department Mail by weighing and applying correct postage. 17. TC Specialties will barcode and sort City of Clearwater Department Mail through Automated Sorting Systems. 18. All City Department Mail will be processed and delivered to the Postal Service on the same day as picked up to ensure same day mailing. 19. Postal Classification will be first class mail. 20. TC Specialties will track City Utility Mail and Department Mail costs and provide corresponding monthly reports and invoices by the 5th day of the following month. 9 Item # 11 Atlachment number 2 Page 10 of 10 SERVICES AGREEMENT Exhibit B Prices Service Fee: Folding one statement (Final Notice) and inserting statement into a City (#10) envelope: $0.0210 per piece (completed statement package) Folding one statement (Reminder Final Bill or Fire Re-Inspection Fee), inserting statement, inserting one return (#9) envelope into a City (#10) envelope: $0.0231 per piece (completed statement package) Folding one statement (Direct Debit Utility Bill), inserting statement and inserting one Sunshine Lines into a City (#10) envelope: $0.0231 per piece (completed statement package) Folding one statement (Utility Bill), inserting statement, inserting one Sunshine Lines and inserting one return (#9) envelope into a City (#10) envelope: $0.0251 per piece (completed statement package) Adding an additional insert: $0.002 per additional insert Presorting and metering the City (#10) statement packages: $0.0281 per piece (completed statement package) Weighing, metering, barcoding and presorting Department mail: $0.0281 per piece Pick-up charge: $4.00 daily 10 Item # 11 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Extend a contract with Angelos Aggregate Materials Ltd., Largo, FL, in the amount of $860,000 for the disposal of Construction and Demolition debris, Brush and Yard Waste and Class III waste for the period November 1, 2007 through December 31, 2008 and authorize the appropriate officials to execute the same. (consent) SUMMARY: Approval of this item will extend the current contract for an additional fourteen month period at the same rates and under the same conditions. This vendor accepts this type of debris/waste at their 1755 20th A venue S.E., Largo, FL location. Their rates for C&D are $33.00/ton, for Brush and Yard Waste $31.50/ton and Class III Waste $37.50/ton. For the past ten months, we have disposed of debris/waste to this vendor totaling $614,000. By disposing of certain debris at Angelo's Aggregate Materials, the Solid Waste/General Services Department saves between $25,000 and $50,000 annually. The location of Angelo's Aggregate Materials is close to the City and results in savings in fuel and labor for the Solid Waste Department. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Purchase Yes Budget Adjustment: None $736,900 Annual Operating Cost: Total Cost: $736,900 $860,000 2007/08 to 2008/09 Appropriation Code 0-424-02082-543500-534- 000-0000 0-424-02089-543500-534- 000-0000 Amount $310,000 Appropriation Comment $550,000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None Cover Memo Item # 12 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Contract (Blanket Purchase Order) for $160,000 to Fleet Products, Inc. of Tampa, FL for the purchase of Replacement Parts for all City Vehicles and authorize the appropriate officials to execute same. (consent) SUMMARY: This blanket purchase order covers the purchase of parts by Fleet parts personnel for all City vehicles for a period of one year per City of Tampa Bid 410051205. Appropriation Code 566-06611-550600-519-000 Amount $160,000 Appropriation Comment BPO Review Approval: 1) Clerk Cover Memo Item # 13 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Change Order 1 to the 2007 Street Resurfacing Contract (07 -0011-EN) to RE. Purcell Construction Company, Inc. of Largo, FL increasing the contract amount by $369,971.80 for a new contract total of $2,526,551.66, approve a time extension of 30 days and authorize the appropriate offcials to execute same. (consent) SUMMARY: This contract was previously approved by the City Council on May 17,2007 for the sum of $2,156,579.86. Change Order #1 increases the resurfacing contract to include additional streets in Island Estates that were going to be included in the 2008 Resurfacing contract. Additional funds have since become available and these streets have been identified as a priority. Sufficient budget is available in Capital Improvement Program project 0315-92273, Streets & Sidewalks. A copy of the change order is available in the Office of Official Records and Legislative Services. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure None Budget Adjustment: None Annual Operating Cost: Total Cost: to Appropriation Code 0315-92273-563700-541-000- 0000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Amount $369,971.80 Appropriation Comment No Change Order Bid Number: Bid Exceptions: None Cover Memo Item # 14 Atlachment number 1 Page 1 of 2 DATE: October 1, 2007 CHANGE ORDER #1 PROJECT: 2007 Street Resurfacing Contract PROJECT NUMBER: 07-0011-EN PO REFERENCE NO.: STl03380 CONTRACTOR: RE Purcell Construction Co., Inc. 1550 Starkey Road Largo, Florida 33771 DATE OF CONTRACT: Tune 11, 2007 CODE: 0315-92266-563700-541-000-0000 (A) 0315-92273-563700-541-000-0000 (B) SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT See attached sheet increases/ additional items. Approve a time extension of 30 days. STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: ORIGINAL CONTRACT AMOUNT CHANGE ORDER #1 NffiNCONTRACTAMOUNT $2,156,579.86 $369,971.80 $2,526,551.66 RE Purcell Construction Co., Inc. Jeff Purcell, Asphalt Division Manager Date: Frank Hibbard, Mayor Witnesses: Camilo Soto, Assistant City Attorney ATTEST: Recommended By: Cynthia E. Goudea, City Clerk Gary A. Johnson, CGC Date: Public Services Director CITY OF CLEARWATER, IN PINELLAS COUNTY, FLORIDA Michael D. Quillen, P.E. City Engineer William B. Horne, II City Manager Item # 14 Atlachment number 1 Page 2 of 2 Page 2 continued: Change Order # 1 2007 Street Resurfacing Contract Increases - Code "B" 0315-92273-563700-541-000-0000 ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 2 Full Width Mill (Up to 2") 37,400 SY $ 2.55 $95,370.00 4 Asphalt Resurfacing (S-III) 2,648 TN $ 91.00 $240,968.00 14 10% Contingency 1 LS $ 53,508.51 $33,633.80 Total Net Increases $369,971.80 Item # 14 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Change Order 1 to TLC Diversified, Inc. of Palmetto, FL for the Marshall Street Influent Pump Station Rehabilitation Project in the amount of $397,151.70, of which $346,316.70 is to ratify and confirm the City Manager's decision to proceed with emergency work needed to repair a broken sewer main and increase the safety factor to prevent additional sewer overflows; and $50,835.00 consists of additional new work which is impractical to bid as the contractor is already on site, for a new contract total of $1,077,831.70, approve a time extension of 150 days and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 4, 2007 the City Council approved a "Piggyback" contract with a dollar amount of $680,680.00 to replace several faulty valves and rehabilitate some existing concrete structures that had been damaged by years of exposure to corrosive gases. In order to complete this rehabilitation, all the wastewater flows into the Marshall Street Plant need to be bypassed around the Influent Pump Station. The $346,316.70 of emergency work was a result of the following situations: . During the initial startup of the bypass system, there was a pipe failure on an existing force main that caused the bypass operation to be shut down until repairs could be completed. This pipe failure was repaired by the contractor on a time and materials basis and delayed the work for two weeks. . On the next attempt to start up the bypass there was an electrical failure at the primary bypass pump, and the backup pump was not able to establish a prime quick enough to prevent the gravity system from surcharging. Once a prime was established, the backup pump could not keep up with the flows, as there is minimal storage available in the gravity system. . After the second sewer spill, we elected to increase our safety factor and add additional pumping capacity to our back up system. Additionally, we have asked the contractor to perform the work at an accelerated schedule and provide audible alarms to notify personnel before there is a problem. This added equipment, piping and labor has increased the project costs as well as impacted the schedule. . The $50,835.00 of additional new work is being added because since the original project began, the design of other CIP projects has progressed to a point where it is apparent that it will be beneficial to the City to have the contractor perform additional work under this current contract to avoid the expense of setting up and maintaining a similar bypass in the future. The additional work that was proposed as part of the Headworks Improvements Project include: replacing two sluice gates at a combined cost of $ 30,809 and rerouting a 24" force main at a cost of $20,026. By eliminating the second bypass setup and operation, we estimate a savings to the City of approximately $270,000. . This change order will also add 150 days to the contract time to allow for delays and extra work to be accomplished. All work is still anticipated to be performed within the original by-pass operation duration of three months. . Resolution 06-53 was passed on October 5,2006, establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2008 revenue bonds as a funding source were included in the project list associated with Resolution 06-53. . A first quarter amendment will transfer budget and interim financing or funding with 2008 Water and Sewer Revenue bond proceeds in the amount of $269,515.00 from 0376-96620, WWTP Headworks project to 0376-96664, WPC R & R. Sufficient budget for interim financing or funding with 2008 Water and Sewer Revenue Bond proceeds will be available when issued in the amount of $127,637.70 in project 0376-96664, WPC R & R, for a total of $397,151.70 for this change order. Cover Memo Item # 15 Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: 397,151.70 397,151.70 2007 to 2008 Budget Adjustment: Annual Operating Cost: Total Cost: Yes 397,151.70 Appropriation Code Amount 0376-96664-563800-535-000- 397,151.70 0000 Appropriation Comment Bid Required?: No Other Bid / Contract: contract cc- 1220-03/TLC Review Approval: 1) Clerk Bid Number: Bid Exceptions: Emergency Cover Memo Item # 15 CHANGE ORDER # 1 PROJECT: Marshall Street Influent Pump Station Rehabilitation CONTRACTOR: TLC Diversitied, Inc. 2719 17th Street Palmetto Fl. 34221 Atlachment number 1 Page 1 of 2 Date: October 1, 2007 PROJECT NUMBER: 07-0014-UT PO REFERENCE NO.: ST 103295 DATE OF CONTRACT: April 19, 2007 CODE: 0343-96664-563800-535-000-0000 A 0376-96664-563800-535-000-0000 B SCOPE OF CHANGE: TillS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: ORIGINAL CONTRACT AMOUNT CO#l NEW CONTRACT AMOUNT Frank Hibbard Mayor Camilo Soto Assistant City Attorney ATTEST: Cynthia E. Goudeau, City Clerk Date: CITY OF CLEARWATER, in PINELLASCOUNTY, FLORIDA William B. Home, II City Manager $680,680.00 $397,151.70 $1,077,831. 70 TLC Diversified, Inc. By: (SEAL) Thurston Lamberson, President Date: Witnesses: Recommended By: City of Cleanvater Gary A. Johnson, CGC Public Services Director Michael D. Quillen, P.E. City Engineer Item # 15 Atlachment number 1 Page 2 of 2 Page 2 of2 Change Order # 1 ITE DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST Additions for Code 0376-96664-563800-535-000-0000 B 66 Force Main Repairs 1 LS $22,587.00 $22,587.00 67 Replace Sluice gates 1 LS $30,809.00 $30,809.00 68 Revamp 24" FM at Splitter Box 1 LS $20,026.00 $20,026.00 69 Repair Asphalt Drive (Allowance) 300 SY $79.00 $23,700.00 70 Line 12" FM at Splitter Box 1 LS $27,795.00 $27,795.00 71 Bypass Rental - Standby - Pumps 1.5 MO $36,574.00 $54,861.00 72 Bypass Rental- Standby - Tank 1.5 MO $3,570.00 $5,355.00 Reconfigure Bypass - Electrical for 2 73 Pumps, VJ:iD LS $14,360.00 $14,360.00 Reconfigure Bypass - Electrical for 74 Transfer Switches LS $6,620.00 $6,620.00 75 Reconfigure Bypass - General Conditions LS $5,310.00 $5,310.00 Reconfigure Bypass - Freight in/out on 76 Components LS $11,290.00 $11,290.00 Reconfigure Bypass - Install/Remove 77 Additional Rental Equipment LS $16,980.00 $16,980.00 Reconfigure Bypass - Testing and Start- 78 up LS $4,100.00 $4,100.00 79 Additional Rental - Primary Bypass Pump 3 MO $7,315.00 $21,945.00 80 Diesel Fuel allowance 1008 HR $46.00 $46,368.00 Additional Rental- 12" High Head Diesel 81 with Piping, etc. 3 MO $10,875.00 $32,625.00 82 Accelerate Schedule 1 LS $8,640.00 $8,640.00 83 Inspector Overtime 64 HR $45.00 $2,880.00 84 Audible Alarm System at Diesel Pumps 2 EA $2,398.00 $4,796.00 85 10% Contingency Change Order # 1 1 LS $36,104.70 $36,104.70 Subtotal Additions to Code B $397,151.70 NET TOTAL: $397,151. 70 Item # 15 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award contracts to Concrete Conservation, Inc. of Jacksonville, FL, in the amount of $103,000 for Sanitary Manhole Rehabilitation, Reynolds Inliner of Clearwater, FL in the amount of $565,600 for Sanitary Sewer Cleaning and Televising Inspection, Insituform Tech, Inc. of Dover, FL in the amount of $206,000 for Sanitary Sewer Rehabilitation, and Rowland Inc. of Pinellas Park, FL in the amount of $616,500 for Sanitary Sewer and Force Main Emergency Repair which are the lowest responsible bids received in accordance with the plans and specifications of the 2007 Sanitary Sewer and Manhole Rehabilitation Project (#07-015-UT)and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has initiated a comprehensive maintenance program to clean, inspect, rehab and repair existing sanitary sewer pipelines and manholes throughout the City of Clearwater. The goal is to maintain the integrity of the sanitary sewer system and minimize disruptions in service to our citizens. Bids for the 2007 Sanitary Sewer and Manhole Rehabilitation Project were received September 13, 2007. Staff has reviewed bid unit prices, compared to last years' contracts and recommends award of these contracts to inspect, rehabilitate and/or replace elements of the City's sewer collection system that have been or will be identified as deficient, in need of repair or at the end of their useful life. Concrete Conservation, Inc. will perform manhole lining in the Sanitary Manhole Rehabilitation section, and it is responsible for all work, materials and equipment required for completion; repairing structural defects and applying coatings to reduce inflow and infiltration. Reynolds Inliner will perform the cleaning and TV inspection of selected sanitary sewer systems in the Sanitary Sewer Cleaning and Inspection contract. This process restores capacity by removing sediment and obstructions and also accurately identifies defects that require corrective actions. Insituform Technologies, Inc. will perform the Sanitary Sewer Rehabilitation Contract. Work includes lining of selected sewer pipeline to rebuild the pipes' structural integrity according to City Standard Specifications, limiting inflow and infiltration. The work under the Sanitary Sewer and Force Main Emergency Repair Contract will be performed by Rowland, Inc., which includes any repairs in the City's waste collection system that are deemed critical and not identified in other contracts. The City of Clearwater will direct the contractor to those high priority areas as established in the Sanitary Sewer Evaluation Study. These efforts will continue until the entire budget of each contract is expended. The City of Clearwater's Public Utilities Department Wastewater Collection Division is responsible for owning, operating and maintaining the wastewater collection system including all gravity pipe lines and manholes that convey the raw sewage to the lift stations and or City's wastewater treatment facilities. Resolution 06-53 was passed on October 5, 2006, establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2008 revenue bonds as a funding source were included in the project list associated with Resolution 06-53. Sufficient budget for interim financing or funding with 2008 Water and Sewer Revenue Bond proceeds will be available when issued in the amount of $1,448,587.87 in project 0376-96665, Sanitary Collection and Transmission R & R ras~ElIl802002 Water and Sewer Bond proceeds are available in the amount of $42,512.13 in project 0343-96665, Sanitary Collection and Transmission R & R, for a total of $1,491,100.00 for this work order. Item # 16 Copies of the contracts are available for review in the Office of Official Records and Legislative Services. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure Yes 1,491,100.00 to Budget Adjustment: Annual Operating Cost: Total Cost: None 1,491,100.00 Appropriation Code 0343-96665-563800-535- 000-0000 0376-96665- 563800- 535- 000-0000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Amount $42,512.13 $1,448,587.87 Yes Appropriation Comment See Summary Section See Summary Section Bid Number: Bid Exceptions: 07-0015-UT None Cover Memo Item # 16 W 0::: z=> <(I- ug -0::: 0:::1- WtJ) 2:<( <(0::: LL. Z :I: U W I- 2:u ~z LL. => !::: tJ) z C) z j:: tJ) W I- tJ) 2: <( :J ...J ~ ..J i:!: o I- o 0 o 0 g g , o 0 ro '<t- OO (") N o 0 o 0 g g . q "t"""'"~ ~ ~ N ~ o 0 o 0 g g , o (0 '<t- C\f N ~ o 0 o 0 g g , o N rom o 0 o 0 g g , I!) 0 N- '<t- N N o 0 o 0 g g o I!) '<t- lCi N N 000 000 g g g I!) I!) 0) ..,t ~ I!)- (") (") 0) I!) 00 00 gg I!)'<t 0)- I!)- I!) I!) 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I- Z ::::l , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ...J ~ 0 I- <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 W 0 i:2 a. I- Z ::::l Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a blanket Water Main and Utility Easement over, across and under a portion of PINELLAS GROVES, situate in the Southeast 1/4 of Section 12, Township 29 South, Range 15 East as conveyed by Robert N. Lynch, as Bishop of the Diocese of St. Petersburg, in consideration ofreceipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: Light of Christ Catholic Church has just completed construction of its new 9,984 square foot Early Childhood Learning Center at 2176 Marilyn Street. Conveyance of the subject easement grants the City perpetuallO-foot easement over all water lines and hydrants, up to within five feet of any buildings, to service, maintain and replace when necessary all of its water facilities located within the limits of Light of Christ church property. Review Approval: 1) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 3 Return to: Earl Barrett Engineering Department City of Clearwater P. 0, Box 4748 Clearwater, FI. 34618-4748 RE: Parcel No.'s: 12-29-15-70182-400-0200 12-29-15-70182-400-1600 II WATER MAIN & UTILITIES EASEMENT [ FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, Robert N. Lynch, as Bishop of the Diocese of St. Petersburg, a Corporation Sole 6363 Ninth Avenue North, St. Petersburg, Florida 33743-0200 ("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), perpetual, non-exclusive easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A ten-foot (10') utility easement lying five feet (5') each side of all water mains, up to and including all water hydrants and meters, but excluding any water mains that may lie under buildings or within five feet (5') of buildings, as all such water lines and utilities are now constructed and existing, or as may be constructed or reconstructed hereafter within that certain real property more particularly described as follows: Lots 2 and 15, and that part of Lot 16 in the SE% of Section 12, Township 29 South, Range 15 East, according to the Plat of PINELLAS GROVES as recorded in Plat Book 3, Page 15 of the Public Records of Pinellas County, Florida, described as follows; Begin at the East % corner of Section 12, Township 29 South, Range 15 East, run thence South 00001'19"West, along the Section line, 743.04 feet to a POINT OF BEGINNING; thence North 89020'03"West, 206.76 feet; thence South 00001'19" West, 318.58 feet; thence South 89020'03"East, 13.15 feet; thence South 00001'19"West, 150.00 feet to the Northerly line of Coachman Road N.E.; thence South 53054'49"West, ,178.61 feet to the Westerly line of Lot 16, PINELLAS GROVES, as recorded in Plat Book 3, Page 15 of the Public Records of Pinellas County, Florida; thence North 00003'18"East, along said Westerly line, 655.47 feet; thence South 89020'03"East, 337.51 feet to the Section line; thence South 00001'19"West, 80.01 feet to the POINT OF BEGINNING; LESS AND EXCEPT the right-of-way to the East for Belcher Road. LESS AND EXCEPT from the Northeast corner of the Northeast 1f4 of the Southeast 1f4 of Section 12, Township 29 South, Range 15 East, run then South 00001'19"West, along the Section line, 663.93 feet for the POINT OF BEGINNING; thence continue South 00001'19"West, along the Section line, 80.01 feet; thence North 89020'03"West, 206.76 feet; thence North 00001 '19"East, 80.01 feet; thence South 89020'03"East, 206.76 feet to the POINT OF BEGINNING. LESS the easterly 50.00 feet for road right-of-way. U:\Easements\DIOCESE OF ST, PETE BLANKET WM EAS 082107,doc Item # 17 Attachment number 1 Page 2 of 3 The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises and to construct, install, maintain and reconstruct as necessary thereon such water facilities and to inspect and alter same from time to time. In the exercise of rights granted herein Grantee shall in every instance restore all physical impacts to the easement premises to equal or better condition as existed prior to the exercise of such rights. Grantor warrants and covenants with Grantee that it is the owner of the fee simple title to the herein described easement premises, that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves unto itself all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. This easement is binding upon the Grantor, the Grantee, their successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee, IN WITNESS WHEREOF, the undersigned grantors have caused these presents to be duly executed this II!! day of ,2007, Signed, sealed and delivered In the presence of: Bishop of the Diocese of St. Petersburg, a Corporation Sole STATE OF FLORIDA : ss COUNTY OF PINELLAS 1 HEREBY CERTIFY, that on this day personally administer oaths and ta~e acknowledgments, :S@((f-\tvV~ ~ AVml()1~d1 ttYlof the Diocese of St. the Dioces of t. Petersburg, a Corporation Sole, to me therindividual described in and who /he executed the same for the purposes therein expressed. seal at St. Petersburg, said County and State, this 1_ day of My Commission Expires: ..' C:\Documents and Settings\kmk\Local Settings\Temporary Internet Files\OLK89\DIOCESE OF ST PETE BLANKET WM # 17 EAS 082107 (2).doc Item J' . !B& ~ 2Il I nil 1tIl~ .AAfI .. . .. I .. .... . '. .1"-'-9: . "'.. -' .. . .,~ . . .-= . Y.=\' - , ," . '. ~. I' " ~'~.fIl~.Il. ~ .'.fJ ~ . .,. .. .. ". . I l .. u 'I .!!!l ~ . I : M -, I ill ," ... I' i ,Di ). . r f . ir , . !1. ~ Attachment number 1 Page 3 of 3 ~ .~- lIT Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Downtown Boat Slips Work Order Amendment 2, to Engineer of Record Wade Trim in the amount of $51,847.00 for a total of $369,024.50 and establish the 2008 Improvement Revenue Bond Construction project Downtown Boat Slips. (consent) SUMMARY: March 16,2006, City Council approved a Work Order for Phases I & II to Engineer of Record Wade Trim in the amount of $258,426.00. July 20, 2007, City Council approved Amendment 1 to the Work Order in the amount of $61,870 and authorized Phase III (Initial Permitting). Amendment 2 will authorize Phase IV (Final Permitting and Design-Build Criteria), as well as additional supplements to Phases II & III for Grant Funding Responses and additional Design Criteria Services. Resolution 07-13 was passed on April 19,2007 , establishing the City's intent to reimburse the Boat Slip Project costs with future tax-exempt financing. A first quarter budget amendment will establish the 2008 Improvement Revenue Bond Construction Fund project 03xx-93405, Downtown Boat Slips in the amount of $10,400,000 to provide sufficient budget for interim financing or funding of which $51,847 will fund amendment 2. . Type: Current Year Budget?: Budget Adjustment Comments: See above funding statement Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure No Budget Adjustment: Yes Annual Operating Cost: Total Cost: to Appropriation Code 03xx-93405-561300-575-000- 0000 Review Approval: 1) Clerk Amount $51,847.00 Appropriation Comment Cover Memo Item # 18 . . I . . ~ . ~ Attach Page . ~ ~ ". ~ ....a.t IIW 'I ..... I'll: _~.II_.&III.i IIIIIrIIi ~.- .... .. rdJIII".~ ~Ii~ ~ .,~~ ~ ." " ~I" ~ I r~ if'" ~ ~ f,; ~ , d I "" ..... ~ -, . "~ '" ~ ~ ~ .. ~ .^ i" ~ ..... ., '... I .' ... "IJ. ~ I III . ~ . _ r"', .. II . - ~ . .. Attachment number 1 Page 2 of 4 '. 'I ','''^' _ _': ~ ,.', ',0,/. '1t.1 Y , " ,ji'!,,' . ~ I~ ':', \J ,.I~,~ ;' -- '.~:rPI." lIB' iii ~~ It '~~~ ~'~t~~f~ -=-';r~:~_~1 i~i ~, "- -- lL. 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II Attachment number 1 Page 4 of 4 ill ~~~:~*J(J:; -~ ;:~,.~\ "1~.'~~".~L\", :=j;~~-<_~~~c'~L,i-ij~~I\~_ _ ~ ~\,:~~~-" ~_~E!':~ :=. ---=", .."....--=--;;.~ - - ----~ -~ -0-_ -~,- .~_ ~ M --.- ... ~,~1""~ ;.:-:_ \-( . " ..~IIIIti;_ -~_~~_~~...J!!!!!_ --. - ~--' .-. ~.- .- ~ W~ !'"-!-cr~'L - 1,~ I. ii\!! ~ . 1_- ~ .-_ ~. ," ,.....' '~ ,. IITD ~ Iili--- '.. .= ,"- " ," ~ Ai.. _ ~~ Item # 18 ... ~ ...... .......-....,'c;L*"" 1oltiiiiiilII.........1,;:...... 1I!iiiiIII_'-":'&;;~....!oo _...~,~.......... Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a Water Main and Hydrant Easement over, across and under a portion of the Northwest 1/4 of the Southwest 1/4 of Section 18, Township 29 South, Range 16 East (Gulf-to-Bay Plaza) conveyed by Ellis and Co., LLLP, a Florida limited liability limited partnership ("Grantor"), given in consideration ofreceipt of $1.00 and the benefits to be derived therefrom.(consent) SUMMARY: The Grantor is owner and developer of the new Gulf-to-Bay Plaza at the southeast corner of Belcher Road and Gulf-to-Bay Boulevard. The redeveloped center is anchored by a new 54,300 square foot Publix food store and pharmacy. Other tenants include Office Depot and McCabes Restaurant. There is an additional 9,583 square feet of retail space for mall business tenancies, and two out- parcels available for future development. Grantor's conveyance of the subject prescribed watermain and hydrant easement grants the City sufficient right-of-way to maintain and replace as necessary its six-inch water mains providing potable water to the new facilities, as well as supplying pressure for a fire hydrant located within the center. Review Approval: 1) Clerk Cover Memo Item # 19 .... . -. - .... -.. . - , . r . tl.1I Attachment number 1 I Page 1 of 5 . !I!; . . . . . . - ti~.'~.;'~~~li. f :~)~; :~~.~.~ ::::.<t ~:.~. .~:~.f. .~.~;.:- _..~..:.~::~~~:i:~~:.\ ~:~: {;~~~~ }.~.~}r~.~:~::;" ~:.~~: . ~::.. - - -----..--- -- - - - - - - =~. :~' ~~r~("i,:-:,;~~ll~ I . -" ~.I' ~.I... .. .,~.........r..~-. ........ ~ ~.. ".." "., ). ......... .~.,..:-.., ~.... . I ...:-:-". II '-~'---.:~"'..:...~ ,. ~. -- ~ - =-...:.=-::.... - -...- - - _..~ . lIili1l1jJJ _ Item # 19 . ... '- .. . . . - - . r ilo.~ , . -. . Attachment number 1 . Page 2 of 5 - A1 . . . . . .~:.~.~/: ~~~) .::;i~.:~~:r-~~_:;:~~~.y'~.~ .~~~J.t'~~~~~ law . ~~.\ .~o(:'.: ~.~ "{i ':^t:~~:I).; ~};~~'~r .:.~ .~~~ ;~~f:: /~,I, B .~ _OIl 5:: :: ~:. . :...; .;;;i...,~I:"=:..~~~~ ,:~~;\G_~;;'~~\.:I ):~~~?~~.:.)<~~i~.~~.:>' ;\~:~~:~>;..~.~::.~;.~\~~~.: .~;:~ . - ;i'..f~ll~;~~!II;t . Item # 19 . ~ 3);i~~~..~ ~r:-:J~~~.+?~.:-~'~:.: ~~ ~~-,~~:: I Jl!il: Item # 19 -- ~~ fI . . .~_. . II Item # 19 . .. .- UfI ~ , . I~ ~ Item # 19 ~ ~ Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve offering Lots 11 to 16, inclusive, Block 2, LAKE BELLEVIEW ADDITION, for sale for minimum bid amount of $172,000 by Invitation For Bid 43-07, amending motion approved April 19, 2007 authorizing sale of said lots for minimum bid amount of $270,000. (consent) SUMMARY: In action taken on Item 7.1 at its April 19, 2007 meeting Council declared the subject lots as surplus for the purpose of offering them for sale via Invitation For Bid 17-07 for the minimum bid amount of $270,000. The minimum bid amount was established by a February 9, 2007, appraisal performed by Appraisal Associates of Tampa Bay, Inc. Not a single bid was submitted at bid opening on May 30, 2007, following advertisement and issuance of the bid invitation on April 23, 2007, and later mailing of fifteen bid packages. Subsequent to the February appraisal Traffic Engineering began installation of a traffic signal mast arm at Lakeview Road and Myrtle A venue. The signal's control cabinet will occupy a 60 square foot portion of the subject parcel along the parcel's Lakeview property line. The City will retain a utility easement for the signal control cabinet upon sale of the subject parcel. James M. Millspaugh & Associates performed a second appraisal for the City on August 27,2007 that, upon analysis of most recent market sales, and upon consideration of both the City retention of the referenced easement and the constrained access to the property created by intersecton improvements, estimated the parcel's current value at $140,000. The proposed minimum bid amount of $172,000 represents the Property Appraiser's 2007 assessment of the parcel for ad valorem tax purposes. The lots are General Fund property, owned by Fund 901 the General Fund Fixed Asset Group of Accounts. Proceeds will reimburse $2,700 for appraisal fees to Capital Improvement Program project 0315-92822, Miscellaneous Engineering with the remaining balance to the General Fund Land Sale Account 010-00000-364220-000-204. Review Approval: 1) Clerk Cover Memo Item # 20 Attachment number 1 Page 1 of 1 PATH (f) o ...J o Z >- w a:: DD~D ODD JEFFORDS DC] DiD c~~r I w c.9 ~ WILDWOOD g5D~ ST D~r---lwO~ <C~~ ~ PINELLAS gl >- PROJECT SITE ST ow ~ A ST LAKEVIEW Dtu D~ WAY N W~~E ~ S Tuskawilla <j- w w ~ ~ 0:: --, c.9 z ::.:: 0:: ~ SOUTH I- :J --l Z I- 0:: <( :2: <( c.9 o i= Williamson City of Clearwater Engineering Department Vacant lots: Block 2, lake Belleview Addition Drawn By: S.K. 3058- S-T-R S.R. Scale: N.T.S. 21-29s-15e- Date: 1~7#O10 22-29s-15e Reviewed By: Grid # Attachment number 2 Page 1 of 1 LOCATOR MAP VACANT LOTS: Block 2. LAKE BELLEVIEW ADDITION Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: A ward a contract for the cleaning and inspection of the secondary digester at the Northeast APCF (06-0057 -UT) to American Process Group of Spruce Grove, Alberta, Canada, in the amount of $378,520.54 which is the lowest responsible bid in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) SUMMARY: A Residuals Management study conducted by McKim & Creed dated January 2003, evaluated several alternatives to sludge reduction and determined that rehabilitation of the anaerobic digesters to improve stabilization was the most cost effective coupled with improved dewatering and disposal alternatives to reduce sludge hauling and disposal quantities. The Northeast APCF Digesters were constructed in 1985. In the early 1990's the Digesters were deactivated until recently when the City reactivated them to assist in obtaining the more stringent copper removal requirements imposed by the FDEP. In 2006 the Primary Digester was cleaned and rehabilitated with new mixing and heating systems. The City is now in the position to finish the rehabilitation of the Northeast APCF Anaerobic Digesters in order to reduce it's residuals disposal and handling costs. The cleaning and inspection of the Secondary Digester is required to assess the structural integrity and overall condition prior to completing the design for rehabilitation. Rehabilitation and improvements to the Secondary Digester will be bid and awarded under a separate contract. The Public Utilities Water Pollution Control Department is responsible for the operation and maintenance of this facility. Per the Interlocal Agreement, the City of Safety Harbor's share of the capital costs associated with the Northeast A WTP Digester Improvements is estimated at $81,842.27 (4/18.5's of the NE costs of the $378,520.54) The contract time for cleaning and inspecting the digester shall be 118 calendar days. Resolution 06-53 was passed on October 5,2006, establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax -exempt financing. The projects identified with 2008 revenue bonds as a funding source were included in the project list associated with Resolution 06-53. Sufficient budget for interim financing or funding with 2008 Water and Sewer Revenue Bond proceeds when issued is available in project 0376-96611, Bio-Solids Treatment in the amount of $177,311.20, budget and revenue from 2006 Water and Sewer Revenue Bond Construction project 0378-96611, Bio-Solids Treatment in the amount of $119,367.07 and budget and revenue are available in project 0315-96611, Bio-Solids Treatment for the balance of $81,842.27 to fund this contract for a total of $378,520.54. A copy of the contract is available for review in the Official Records and Legislative Services office. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: 378,520.54 Annual Operating Cost: Total Cost: Cover Memo Item # 21 2007 to 2008 Appropriation Code 0378-96611-563800-535-000- 0000 0376-96611-563800-535-000- 0000 0315-96611-563800-535-000- 0000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Amount 119,367.07 Appropriation Comment 177,311.20 81,842.27 Yes Bid Number: Bid Exceptions: None Cover Memo Item # 21 Attachment number 1 Page 1 of 1 LOCATION MAP:NEAPCF SECONDARY DIGESTER CLEANING & INSPECTION ~ i' II ,I !I Ii I I, II =~\ I' ,I P Q Ii if 11 l! I 1e 00: I!! S\\ DR 9 \.j J ~ nl----,lL -.... '>J jI II '\'-n i!iL::J 1 Il I! i! WOOnBUFIH II I i \ 'I' r---l II 1/ ' L--Jc i II I ~~~ II 11 i III Il Ii ~l~L_J --'I Ii . \ SF< ~ !!o~1 ~-'~-----------~ J I .. . r---;;--~--:-'-'-":"'" t-.:.-,-= 1{ Ii '.-n. '.. . j'-=. .. I. .. · ~ ---===:0 ,... I ~ . 1-. - I o it" o o CJ::: RlFlOST ~ ~ 8 ~ c ~ s; --l CI:l III .::J I f- a: o n. lJ.J el Q 0,: en WALKER RD 5 MALLARD D }- <;( III HUMPHRIES RD DR )- I IE ~~ AVOC ETo:l C)~ 0,: ~ '.. Ii I .. - ., 1 N 4- NEAPCF SECONDARY DIGESTER CLEANING & INSPECTION K.Q. -285-16E Ie: "l~ 2 ~b,: I"llg l.-q nop......! ~_...llIoIiIIII>n 'IIQ..~-._.I'L_ ""(r.!~'IIIIII,-=~- __ """'-r..aam . Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the final plat for HIGHLAND A VENUE SHOPPING CENTER located at 1815 North Highland Avenue, at thr Northeast comer of Highland Avenue and Greenlea Street. (consent) SUMMARY: . This is a plat of Metes and Bounds parcels 31/05 and 31/07 in section 2, Township 29 South, Range 15 East. . The property is within the city limits of Clearwater consisting of 7.8 acres more or less. . The final plat will create 2 commercial lots. . The proposed project was approved by the Development Review Committee on May 3, 2007. . The property zoning will remain the same as Commercial. Review Approval: 1) Clerk Cover Memo Item # 22 0:: o ..r:- /:::;::;..;:;..;..r!f .; I" !i ,I I, !i il I' '.:.:':=::""'7:...-::::'~~ SANDY I I ~I MARY L I I \ TERRACE I I I FAIRMONT I I I PARKWOOD I I I WOODBINE I> I ~ I SPRINGDALE ~ I I> I Prepared by: Engineering Depcrbnent Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)5264755 www.Clearwater.com Attachment number 1 Page 1 of 1 o 0:: >- ~ I l'J I Z 0:: o I 0:: CU MBE RLAND W o S o D.. W z 0:: ...J <( Bowmore ':"i'~ il E i! :E 'I", Ii tJ , !' '~~=_1.."":,, Talisker ii iJ li \\ j\ \i !I '!l n i;~""" ~ l'J 0:: <( Z <( () S2 co WILSON I SUNSET RD SPRING J ~ THAM ES ~I 0:: o LA LA I~ o 10: 0:: o 0:: o LA LA RO RO ST FAIRMONT ST ST wi I~ >- ~ PARKWOOD ~ 1 ST I l'J <( WOODBINE I ~I I~ ST 0:: SPRINGDALE ...J <( 0:: co1 liS ST I: f?~..-:::'_='.~: !i j' I! I;.~_---:-..=-.~! !! i 1 1'~! !I jj ~ II U >- o 0:: <( co :;;; o ...J r....~~ii iii iii , 1 I I ~~~~~~=,~ W ...J c5 Z o 0:: <( I (fJ W o <( W :;;; W ...J ...J W co SANDY : ROseMO," LINWOOD FLA SC W ~ CARROLL N w-9-' HIGHLAND AVENUE SHOPPING CENTER s M Drawn By: Date: Grid # '5: J:l1 U1 ~ I Z ::jJ>~~::j~~ 0U1 I)> :tS2::t:t -GJs;J- U);:;rr,U) "lJf!::-"lJ r- <r- b-"bb -1r--;-.,,-! < () ::::! () !':1 () :::j -< ~ G:\2006\06062 WALMART\PLAT\06062-PLAT.dwg, 9/21/20079:08:22 AM, PDF995, LeN / ~ ~ L Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a perpetual Sidewalk & Utilities Esement over, across and under an 1852 square foot portion of Lot 1, CLEARWATER MALL, PHASE II conveyed by Clearwater Mall, LLC, a Florida limited liability company, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: Clearwater Mall, Phase II is a replat of the 2.417 -acre parcel of land at the southwest comer of Gulf to Bay Boulevard and Sky Harbor Drive that was formerly owned by the City. The replat parcel is the final portion of the new Clearwater Mall to be redeveloped for commercial uses. The Phase II replat dedicated to the City a comer radius and strip of land along its easterly boundary that varies from two feet to seven feet in width for street and sidewalk purposes. Pedestrian and traffic signage and public utilities constructed within the platted easement frustrated construction of a public sidewalk without impediments. These additional interests conveyed to the City in the subject easement provides sufficient right-of-way for the new sidewalk as constructed, and for its future maintenance and replacement when necessary. Review Approval: 1) Clerk Cover Memo Item # 23 - ... Attachment number 1 Page 1 of 6 =!! . ~ ;~). ~:~~.~:::t~':r~.~~::'~I~f;:~";.'~j~.0.~;:~ ~~~'~~1: '~.~.~'5\\:?;fr~;:~~~; Z~ ~~< . . - Item # 23 . . - Attachment number 1 Page 2 of 6 ~ . . g . Item # 23 . Attachment number 1 Page 3 of 6 !( . j'j . - Item # 23 " . .....-=- . - -=r== Attachment number 1 Pa e 4 of 6 ~~.~~:~::.~.:";i., ~~?: ~:~~~:~i.~~_:~ ~:~~~~/i""";:~~.~~.~),::.~:'/i~~ ~L_ ~I[J IImlIi ~ - . . . - - - ...... - . Attachment number 1 Page 5 of 6 ~ ~ ~'I I . I . . - - ~ --:= Attachment number 1 Pa e 6 of 6 ;}~M~~~~*lt~~!~!jl.i ~ . . ~.. . . . Attachment number 2 Page 1 of 1 \J ):. ~ '" \l r- ):. c (") m OJ r-- ~ ~6373 o 145.11 @ ;! 9.43 Ac(C) D E 1,59 Ac(C) 1,65 A EASEMENT SITE ~ :1S H W Kt~E ~)( & " @ @ GULF-TO-BAY BLVD L6503 Q;: o Q;: o fXl Q;: ~ >- ~ CI) 5S CIR Vq..O 60 City of Clearwater Engineering Department CLW MALL, LLC SW & UTILITIES EASEMENT Drawn By S.F. 300A 17 -29s-16e C\3te: 09/27/07 Reviewed By: S.R. Scale: N.T.S. S-T-R Grid # Item # 23 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a perpetual Water Main Easement over, across and under a 4712 square foot portion of Block B and a vacated 60-foot right-of-way for Florida Avenue, SUBURB BEAUTIFUL, and a Sanitary Sewer Easement over, across and under a 3685 square foot portion of Block A and said vacated Florida Avenue right-of-way, SUBURB BEAUTIFUL, both as conveyed by Boos-Gulf- to-Bay and Keene, LLC, a Florida limited liability company, given in consideration of receipt of $1.00 and the benefits to be deri ved therefrom. (consent) SUMMARY: Boos-Gulf-to-Bay and Keene, LLC ("Grantor") is constructing a new CVS Pharmacy at the southwest comer of Gulf-to-Bay Boulevard and Keene Road. The site plan for development was approved by the Community Development Board on February 20, 2007. The subject easements grant the City authority lying five feet either side of the installed water mains and sanitary lines for the continued maintenance and replacement of the lines as necessary. Should the Grantor or its successors in interest ever require the lines to be relocated, the Grantor is required to relocate the lines at Grantor's expense and convey a new easement over the relocated lines. Review Approval: 1) Clerk Cover Memo Item # 24 - .. . .-- . -.; MI'!fii.~." .... ~ Attachment number 1 Page 1 of 10 ~ . . . . I!'J~;:";"::':~:A" . . . _!__Il~ I=~_l . . - . .tllUl~__.,. o:s.I'~ Item # 24 II . . . . . . . - . . . Ei!1 I . Attachment number 1 iil . r i6 "- Page 2 of 10 . R . . . :.~j~"=.~-il~1:.~..~i.~,lIZ~.:;. ~ ~i~ ~:.'~~T:'. I- . "(-c;"<"( ~ ~~ I~;\.~{~: '1~~/~ > ~:~ [A?t\'f~:~; - EJJL- . t-~ I ~~j~;!~~~tt~1~J!~~*~iy ~~If"_ Item # 24 . . .~ - ~- . - - . Attachment number 1 Page 3 of 10 ~ II I II g I . Ii (I ~~ . --- ------ - ~ Attachment number 1 Page 4 of 10 ~ .(:~~ ~;;.~S~~t~:::';.;.~~~}'~l:i':~I/.~;k~~~?~~~f.. ~/:~:. ~)~ ~;o; ;.~ ~; ?~:-I;I.~~~ i':r. "~<~f~~;~~: .:. ~.1-~~~~}{ ~~}.?JI(~~ <.:>~..~:rl',...::. ~r~;"(itr~F: ~r.':~ . 51 ~- .. :Jtt!&t1%~t~~f?::(i\;~:f~;jt?I:~IF*pr;~~1:f;,%;~::{1Z&;~,~~'\~~~~itg:R~ffljr!~'i.tfi~~HW~~cf;t;~N~~f~:ft?~~, III ~R" ~ . - . 11!!;1 Attachment number 1 IU . Page 5 of 10 ~ IIlI ~ ill! I , . . . I!l . . . . ~ - _lEn~--'_ :.:{;;.;:;. \j~lr~~~~:'~~::.~/;~: ~ .(~{;+ ~:~:~~~~~r: Item # 24 . lEi .li:li Attachment number 1 Page 6 of 10 00 ,i . . . ;.: ~ . . . . .,". - - "____'1'_ _. -. - _~. , .:~";:"+~:"r~~;_""~,;~-",,,,,,.'C".":'_;":'~"'='-= '~;;-I' I E":""~ ';': ';,{' ~">/,~~' ;::',',', ':':("(~~~'\~~ I :_~-= ;~~~~~~~}~~=- :;:.;; ~~I'fiiifl!lltlli~ill!!ilil~I't!l~t~r~~ll~l!iiifl! ~lillllf~~f~l~ttftil~~lillll~t~l.'Iti . L -- Item # 24 IX! l5l! ... '- . - - .- .~~-~ IIi). ;.. . Attachment number 1 Page 7 of 10 ill . . . . .~:\:~~~'.\~:~~.:.:\~.j~:-; ~~~~;.:.~ ~ .~.~~ ~.?:f.. ~ L. ; ~~t~~I':~ :':~..~ +.:>/~~:;.~~..;-~~ ~~: ~~~.-}~.~it~~Z.'~ il ..~ t~~~~~"~t~t~~~~~~~J I' . . - .:::~. ":":"!" ~. I.:": I ;.:;:".: :~~..~I~;~~~~;. ~~~:~~B:i-:.:~:~:~.:)~~.~:.)~(0;~~<.iJj....~:~.~~<~~:.\~~:\ j: ~~.:.f ~.~.: ~~ ~:"r~..'~. . Item # 24 - - - .. .. Attachment number 1 Page 8 of 10 ~ 11IIIII-, ~ II ~ II 5'i.. _'1 ~~ I , I , I ~. :i1 :;;';,:~s.'~:;~~<~:.i/'2t~~,';i~X~ - ___ m-....._------.-~ Attachment number 1 Page 9 of 10 . !il . ?\:.i;f~)\~ r~~::..r~.~;~~:/;~ t --=;;'?f:~~~..;~~f;.:.:.:. :.~.~::::~.r~I~I~.';';:; ~:I,r.{ .J:-;y:< __1- ~ - l'i --- R1 ..- ,,- ;i Attachment number 1 Page 10 of 10 !J ~ . . . . I 10' ." . . . . g ~~- . Item # 24 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve submitting a local bill to address needed changes in the Firemen's (Firefighter's) Pension Plan, for the 2008 State Legislative Session. SUMMARY: There are 43 retired firefighters or their beneficiaries remaining in the old Firemen's Pension Plan. This Pension Plan was created by a special act of the Florida Legislature. In order to amend the plan a local bill is needed. Because it is becoming more difficult to find members of the plan that are willing and able to serve as Trustees, the plan needs to be amended to provide for alternatives for selecting Trustees. Making this change also offered the opportunity to make housekeeping changes such as updating outdated language and procedures. The bill is under final review. Should there be any additional amendments needed the Council will be advised at Wednesday night's meeting. Review Approval: 1) Clerk Cover Memo Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 1 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 1 2 3 4 5 6 7 8 9 A bill to be entitled An act relating to the City of Clearwater, Pinellas County; amending chapter 30658 (1955), Laws of Florida, as amended; updating terminology; providing for actuarial valuations at certain intervals; providing eligibility for election to the board; providing that board members may be appointed in certain circumstances; removing a requirement for certain warrants; providing an effective date. 10 Be It Enacted by the Legislature of the state of Florida: 11 12 Section 1. Chapter 30658 (1955), Laws of Florida, as 13 amended, is amended to read: 14 Section 1. Creation of fund, contributions, transference 15 of property to trustees, tax authorized.-- 16 (1 ) There is hereby created a fund to be known as the 17 pension fund of the Fire Department of the City of Clearwater, 18 Florida. Each member of the fire department, as defined in By 19 section 2 of thio 0ct shall pay into said fund ~ ~ percent of 20 his or her salary each month, the same to be deducted by the 21 director of finance and deposited with said fund for the purpose 22 of assisting in the payment of benefits to be paid by this act; 23 provided that no firefighter fircm0n shall be required to 24 contribute more than ~ ~ percent of a salary equivalent to 25 that received by a firefighter fircm0n holding the rank of 26 captain. 27 (2) All right, title~ and interest in and to said fund, 28 assets, and securities of the fire pension fund collected under Page 1 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 2 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 29 the provlslons of chapter 175, Florida statutes, shall be 30 divided on a pro rata pro r0t0 basis between the firefighters 31 firemen of the City of Clearwater participating under this act 32 and fund and all other firefighters firemen employed by the City 33 of Clearwater and said pro rata pro-r0t0 portion of said moneys 34 shall be deposited into this fund. 35 (3) The City of Clearwater, Florida, shall levy, assess~ 36 and collect a tax upon all property in the City of Clearwater In 37 the same manner as other taxes are levied, assessed, and 38 collected not to exceed six-tenths (6/10) of one mill, the same 39 to be used with the members' annual contributions heretofore 40 provided for, and such other contributions as the fund may 41 receive from any source including earnlngs on the assets held by 42 the pension fund. Such assessment and tax shall commence as of 43 the first taxable year after the effective date of this act and 44 shall continue for a period of 35 thirty five (35) years 45 thereafter, except as herein otherwise provided; however, the 46 rate of assessment and tax for the first 10 ten (10) years from 47 the effective date of this act shall be six-tenths (6/10) of one 48 mill, except as herein otherwise provided. 49 (4 ) If at any time subsequent to the effective date of 50 this act there shall be a total reassessment of all taxable real 51 property and improvements thereon within the corporate limits of 52 the City of Clearwater, then effective commencing with the first 53 taxable year thereafter the millage rate of the tax that the 54 city shall levy, assess, collect~ and contribute to the fund 55 shall be automatically reduced and shall remain at the same rate 56 unless subsequently reduced by other reassessments or changed as Page 2 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 3 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 57 herein otherwise provided. 58 (5) The formula for reducing the millage rate of the tax 59 will be based on the assessed value of all taxable property In 60 the City of Clearwater for the calendar year immediately 61 preceding the year in which the reassessment takes effect. The 62 estimated value of new construction and annexed real property 63 that was added to the tax assessment roll will be deducted from 64 the reassessed taxable value and the difference between the 65 remaining value and the taxable value of the preceding year 66 shall be computed as a percentage of increased valuation that 67 has been realized directly because of the reassessment, and that 68 percentage shall be applied to reduce the six-tenths (6/10) of 69 one mill proportionately. In estimating the value of new 70 construction and annexed property historical trends, building 71 permits~ and actual annexation shall be used. 72 ( 6) If homestead exemption from ad valorem real property 73 taxes is eliminated by competent authority, then the applicable 74 millage rate of the tax to be levied by the city, or the 75 equivalent thereof, shall be applied to the total assessment 76 rolls of all taxable property within the city adjusted by 77 deducting therefrom the increase in value on said rolls caused 78 by the elimination of said homestead tax exemption. 79 (7 ) If any funds or assets remain in the penSlon fund 80 after the satisfaction of all required pension payments and 81 expenses, then such funds and assets shall be paid over and 82 transferred to and become a part of the pension fund for the 83 general employees of the City of Clearwater. 84 (8 ) Scc. 11\. !'.ctu.J.ri.J.I rCTvTic\J .J.nd TvT.J.lu.J.tion pl.J.n.-- Page 3 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 4 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 85 Actuarial valuations of the fund shall be made at intervals of 86 not more than 2 t',JO (2) years during the first 10 ten (10) years 87 commencing with the effective date of this act; thereafter 88 actuarial valuations shall be made at intervals of not more than 89 3 years on 0n 0nnu01 b0cic. Such actuarial valuations shall be 90 made by a professional actuarial firm mutually agreed upon 91 between the city and the trustees of said fund. If the city and 92 the trustees cannot agree upon the actuarial firm to be hired 93 within 90 ninety (90) days after interviewing prospective 94 actuarial firms, a firm shall be selected by lot. If selection 95 by lot is used, the city shall choose two ~ firms and the 96 trustees two ~ firms. The firm then selected shall be that 97 firm whose name is drawn from the names of the four +4+ firms 98 previously selected. 99 (9) Beginning with the actuarial valuation made at the end 100 of the 10th tenth (10) ye0r after the effective date of this act 101 and after each valuation made after that date, the trustees of 102 said fund and the city shall review the valuations to determine 103 if the original ~ thirty fi~e (35) years of contributions by 104 the city will still be necessary. If the actuarial valuations 105 indicate that a shorter time of funding is necessary to fund the 106 amended benefits of the plan, the city will have the option to 107 either reduce the millage or shorten the number of years that 108 contributions will be made. Should the city elect to do either 109 of the above, and at a later date, it is determined by one of 110 the actuarial valuations that the amount being contributed by 111 the city will not properly fund the benefits provided by the 112 plan, the city shall increase its contributions to the maximum Page 4 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 5 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 113 six-tenths (6/10) of one mill, or the adjusted rate thereof 114 pursuant to the procedure set forth in this section 1 hereof 115 because of an overall tax reassessment of property, whichever lS 116 less, for whatever period the deficit continues to exist. If the 117 actuarial valuation made after the first 10-year ten-ye0r period 118 or any subsequent valuation indicates that the equivalent of 119 six-tenths (6/10) of one mill or the adjusted rate thereof 120 pursuant to the procedure set forth in section 1 hereof because 121 of an overall tax reassessment of property, whichever is less, 122 contributed by the city for the period of ~ thirty fi~e (35) 123 years will not properly fund the amended benefits provided by 124 the plan, or if the funds on reserve at any time should become 125 insufficient to pay the benefits provided by the plan, then the 126 city shall provide funds from non-ad valorem revenues of the 127 City of Clearwater to pay all such benefits for so long as any 128 person is entitled to compensation under this act. 129 130 Section 2. Definitions.--When used in this chapter: (a) The term "city" shall mean the City of Clearwater, 131 Florida. 132 (b) Wherever the word "board" appears in this act it shall 133 mean the board of trustees, and their successors In office 134 established by the provisions of this act for the purpose of 135 performing the duties and exercising the powers herein granted 136 to said board. 137 (c) The term "firefighters" "firemen" as used in this act 138 shall be construed as including all officers and firefighters 139 firemen regularly employed in the Fire Department of the City of 140 Clearwater, Florida, who have been certified to permanent status Page 5 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 6 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 141 by the civil serVlce board of the City of Clearwater, and 142 excluding the staff assistants cecret0riec, ctenogr0pherc and 143 other civilian employees. 144 (d) The term "fund" as used in this act shall mean the 145 pension and benefit fund herein established. 146 (e) The term "service" as used in this act shall mean the 147 period during which a person lS an active member of the fire 148 department, qualified under the civil service rules of the City 149 of Clearwater, Florida, except where said word is used clearly 150 to designate military service in the Armed Forces of the United 151 states of America. 152 (f) The term "permanently disabled" shall mean a 153 disability which arises from sickness or accident and is of such 154 nature that the member sustaining such disability is unable to 155 perform the duties ordinarily required of a member of the fire 156 department and from which the said member is not expected to 157 recover sufficiently to carryon the duties ordinarily required 158 of a member of the fire department. 159 (g) The term "members of the fire department" shall be 160 construed as including all officers and firefighters firemen 161 regularly employed in said department, who have been certified 162 to permanent status by the civil service board of said city, 163 provided however, the staff assistants oecret0rieo, 164 otenogr0phero and other civilian employees shall not be covered 165 by the provisions of this act. 166 Section 3. Members participating.--Notwithstanding any 167 other provlslons to the contrary, the provisions of this act 168 shall only apply to firefighters firemen or members of the fire Page 6 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 7 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 169 department employed in said department prlor to July 1, 1963. 170 All members in the service of the fire department at the time 171 this act becomes law shall recelve the benefits of the time of 172 service previous to the passage of this act. 173 Section 4. Credit for members of armed forces.--Any member 174 of the fire department covered by this act, who is drafted into 175 the armed forces of the United States at any time or who 176 voluntarily enlists during the time the United States is engaged 177 in war, shall receive full credit towards retirement for all 178 time spent in the service while a member of the fire department; 179 provided that he or she does not voluntarily reenlist, and 180 further provided that his or her separation from the United 181 States service is of an honorable nature. 182 Section 5. Board of trustees;==election, appointment, 183 membership, terms of office.--The board of trustees of said fund 184 shall consist of the mayor, who shall be chairperson ch0irm0n, 185 the chief of the fire department, and three +3+ members of the 186 said department either active or retired under said pension 187 plan. The election of members from the department shall be held 188 no later than Bfi the 15th day of June of each year. The persons 189 eligible to vote are, 0nd only members of the fire department ~ 190 thc City of Clc0r";0tcr, Florid0, ei ther active or retired and 191 participating under this plan. In the event that no member of 192 the plan is available to stand for election then a current 193 firefighter of the Clearwater Fire Department below the rank of 194 chief who is willing to serve shall be placed on the ballot. In 195 the event that no one lS available to stand for election, or In 196 the event that no one lS available to participate in the voting, Page 7 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 8 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 197 then members of the board will be appointed by the city council 198 from membership of the city council, ch011 be entitled to ~ote 199 in cuch election. Members of the board so elected or appointed 200 shall take office on the 1st day of July of each year. Initial 201 members co elected shall serve as follows: one for 1 one (1) 202 year, one for ~ t',JO (2) years ~ and one for 3 three (3) years. 203 The elected or appointed members each year shall serve for a 3- 204 year three (3) ye0r term. Any vacancy on said board, caused by 205 the death, resignation~ or dismissal of any of the elected 206 members shall be filled by an election or appointment as above 207 provided. 208 Section 6. Investment powers.--The board of trustees shall 209 have the power to: 210 (1)~ Invest and reinvest the assets of the penSlon fund 211 of the Fire Department of the City of Clearwater, Florida, in 212 annuity and life insurance contracts of life insurance companles 213 in amounts sufficient to provide, in whole or in part, the 214 benefits to which all of the participants in the pension fund of 215 the fire department shall be entitled under the provisions of 216 this act, and pay the initial and subsequent premiums thereon. 217 (2)~ Invest and reinvest the assets of the pension fund 218 of the fire department In: 219 (a)a. Time or savlngs accounts of a national bank, a state 220 bank insured by the federal deposit insurance corporation, or a 221 savings, building~ and loan association insured by the federal 222 savings and loan insurance corporation. 223 (b)e. Obligations of the United States or obligations 224 guaranteed as to principal and interest by the government of the Page 8 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 9 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 225 United states. 226 (c)~ County bonds containing a pledge of the full faith 227 and credit of the county involved, bonds of the Florida 228 development commission, or of any other state agency, which have 229 been approved as to legal and fiscal sufficiency by the state 230 board of administration. 231 (d)~ Obligations of any municipal authority issued 232 pursuant to the laws of this state; provided, however, that for 233 each of the 5 ~ years next preceding the date of investment 234 the income of such authority available for fixed charges, shall 235 have been not less than 1 1/2 one 0nd one h0lf times its average 236 annual fixed-charges requirements over the life of its 237 obligations. 238 (e)~ Common stocks, preferred stocks and bonds~ and other 239 evidences of indebtedness issued or guaranteed by a corporation 240 organized under the laws of the United states, any state, or 241 organized territory of the United states or the District of 242 Columbia, provided: 243 1.+++ The corporation lS listed on anyone or more of the 244 recognized national stock exchanges and holds a rating in one of 245 the three highest classifications by a major rating serVlce; 246 2.~ The corporation has paid cash dividends for a period 247 of 7 oeven fiscal years next preceding the date of acquisition; 248 3.+3+ The corporation fulfills either of the following 249 standards: 250 a. Over the period of the 2 oeven fiscal years immediately 251 preceding purchase the corporation must have earned after 252 federal income taxes, an average amount per annum at least equal Page 9 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 F LOR D A H 0 USE o F Attachment number 1 Page 10 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 253 to two times the amount of the yearly interest charged upon its 254 bonds, notes, or other evidences of indebtedness of equal or 255 greater security outstanding at date of purchase, and earned 256 after federal income taxes, an amount at least equal to two 257 times the amount of such interest charges in each of the 3 three 258 fiscal years immediately preceding purchase; or 259 b. The corporation over the period of 7 ce~en fiscal years 260 immediately preceding purchase must have earned after federal 261 income taxes, an average amount per annum at least equal to ~ 262 percent ciK per cent of the par value of its bonds, notes, or 263 other evidences of indebtedness of equal or greater security 264 outstanding at date of purchase, and earned after federal lncome 265 taxes, an amount at least equal to 6 percent ClK per cent of the 266 par value of such obligations in each of the 3 three fiscal 267 years immediately preceding purchase. No investment shall be 268 made under this paragraph upon which any interest obligation lS 269 in default or which has been in default within the immediately 270 preceding 5-year fi~e ye0r period; and 271 4.+4+ The board of trustees shall not invest more than 1 272 percent one per cent of its assets in the common stock or 273 capital stock of anyone lssulng company, nor shall the 274 aggregate investment In anyone lssulng company exceed 1 percent 275 one per cent of the outstanding capital stock of that company; 276 nor shall the aggregate of its investments under this section at 277 cost exceed 60 percent oiKty per cent of the fund's assets. 278 (3) The trustees in the performance of their duties are 279 authorized to seek, obtain~ and engage independent professional 280 investment counsel and advice and to pay reasonable charges for Page 10 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 11 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 281 said serVlces. 282 Section 7. Approval of penslon, relief, and benefit 283 payments. --The bO.J.rd of tructeec ch.J.ll P.J.Y .J.ll tJ.J.rr.J.ntc dr.J.\Jn on 284 cuch fund, \Jhich ch.J.ll be cigned by the m.J.yor of c.J.id pencion 285 fund counter-cigned by the chief of the fire dep.J.rtment. No 286 pension, relief~ or benefits shall be paid to any person out of 287 said fund unless the same be approved by a majority vote of the 288 board, but the board shall not refuse a penSlon or other 289 benefits to any person who is qualified to receive a penSlon or 290 other benefits under the terms of this act. 291 Section 8. Disability and death benefits unconnected with 292 duty. --Members of the fire department with less than ~ t',Jenty 293 ~ years of service who ch.J.ll have become permanently disabled 294 when such disability was unconnected with the performance of his 295 or her duty in the fire department, and not caused by his or her 296 own willful ',;ilful intent, shall upon satisfaction of the board 297 that he or she is so permanently disabled, receive as a penslon 298 the sum of 2 1/2 percent % of the prevailing wage for the rank 299 he or she holds heoldo per month per each year of serVlce, 300 including a pro rata share for any part of a year's serVlce. He 301 or she shall also receive a children's benefit of 7 1/2 percent 302 7 1/2% of the prevailing wage for the rank he or she holds for 303 each of his or her children under the age of ~ eighteen (18) 304 years at the time the member shall be so pensioned; providing, 305 however, that said pension, including children's benefits, shall 306 not exceed 50 percent fifty per cent (50%) of the prevailing 307 wage for the rank the member held when pensioned. All of said 308 sums shall be payable monthly. Upon the death of said member so Page 11 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 12 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 309 pensioned, his or her surviving spouse ',;ido',;, provided they were 310 legally married ehe \J.J.e hie \Jife at the time he or she was 311 pensioned, shall recelve the same pension he or she was 312 receiving at the time of his or her death, not to exceed 25 313 percent t',Jenty-fiTvTer percent (25~) of the prevailing wage for 314 the rank the member held when pensioned. Children's benefits of 315 7 1/2 percent 7 1!2~ of the prevailing wage for the rank held by 316 the member at the time he or she was pensioned for each of his 317 or her children under the age of ~ eighteen (18) years shall be 318 paid to the person or persons having custody of said children, 319 providing that the children's benefits, together with the 320 surVl vlng spouse's \JidmJ' e pension, shall not exceed 50 percent 321 fifty per cent (50~) of the prevailing wage for the rank the 322 member held when pensioned. In the event that all children are 323 not in the custody of the same person, the children's benefits 324 shall be prorated pro r.J.ted. The benefit provided for a child 325 shall cease upon reaching the age of 18 eighteen (18) years, or 326 upon being married. 327 Section 9. Death benefits.--If any member of the fire 328 department shall lose his or her life in the performance of his 329 or her duties, or as a direct result thereof, his or her 330 surviving spouse ',;ido',; shall receive the sum of 50 percent fifty 331 per cent (50~) of the prevailing wage for the rank he or she 332 held when he or she died. Children's benefits of 7 1/2 percent ~ 333 ~ of the prevailing wage for the rank held by the member at 334 the time he or she died for each of his or her children under 335 the age of ~ eighteen (18) years shall be paid to the person or 336 persons having custody of said children, provided that the Page 12 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 13 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 337 children's benefit, together with the survlvlng spouse's ',;ido',;'o 338 pension, shall not exceed 60 percent cixty per cent (60~) of the 339 prevailing wage for the rank member held when pensioned. In the 340 event that all children are not in the custody of the same 341 person, the children's benefits shall be pro rated pro-r0ted. 342 The benefit provided for a child shall cease upon reaching the 343 age of 18 eighteen (18) years or upon being married. 344 Section 10. Disability benefits.--Any member who shall 345 become permanently disabled, which said disability is directly 346 caused by the performance of his or her duties, shall be 347 entitled to a pension the sum of which shall be 60 percent cixty 348 percent (60~) of the prevailing wage. Upon his or her death, the 349 rights of his or her surVl vlng spouse \,'idm,' and children under 350 the age of ~ eighteen (18) years shall be the same as provided 351 for in section 9; provided, however, in order to be entitled to 352 the surviving spouse's ',;ido',;' 0 benefits, the surviving spouse 353 ',;ido',; must have been the lawful spouse w-i-f-e of the deceased at 354 the time he or she was placed on pension. Any condition or 355 impairment of health of a firefighter firem0n caused by 356 tuberculosis, hypertension, or heart disease resulting in total 357 or partial disability or death shall be presumed to have been 358 accidental and caused by and suffered in the line of duty unless 359 the contrary be shown by competent evidence; provided, however, 360 that such firefighter firem0n shall have successfully passed a 361 physical examination before entering into such service, which 362 examination failed to reveal any evidence of such condition. 363 Section 11. Beneficiaries of benefits unconnected with 364 duty.--If any member of the fire department with less than 20 Page 13 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 14 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 365 b;enty (20) years of service shall die from causes unconnected 366 with the performance of his or her duties, his or her surviving 367 spouse \JidmJ and any children under the age of 18 eighteen (18) 368 years of 0ge, if there be 0ny, shall be entitled to the benefits 369 provided for surviving spouses \JidmJc and children in section 8 370 hereof. If any member of the fire department with ~ t\,'enty (20) 371 years or more of service shall die from causes unconnected with 372 the performance of his or her duties, his or her surviving 373 spouse \JidmJ and any children under the age of ~ eighteen (18) 374 years of 0ge, if there be 0ny, shall be entitled to the benefits 375 provided for surviving spouses \JidmJc and children in section 13 376 hereof. 377 Section 12. Retirement at age 65.--Any member now employed 378 reaching the age of 65 cixty five (65) years shall be retired 379 and shall be entitled to a pension the sum of 60 percent oixty 380 per cent (60 ~) of the prevailing wage of the rank at which he 381 or she retired, providing he or she held that rank for a period 382 of at least ~ three (3) years immediately prior to the 383 retirement, or his or her pension shall be based on the lowest 384 rank he or she has held during the ~ three (3) years immediately 385 preceding retirement. The above part of this section shall not 386 pertain to chiefs, whose age limits are governed by civil 387 serVlce rules. Upon the death of the member receiving a pension 388 under the provisions of this section, his or her surviving 389 spouse ',;ido',;, providing they were married ohe ',;00 hiD l0',;ful 390 ~ at the time of his or her retirement shall receive 30 391 percent 30 per cent (30~) of the prevailing wage of the lowest 392 rank member held during the 3 three (3) years immediately Page 14 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 15 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 393 preceding his or her retirement. Children's benefits of 7 1/2 394 percent 7 1!2~ of the prevailing wage of the lowest rank held by 395 the member during his or her last 3 three years of service for 396 each of his or her children under the age of 18 eighteen (18) 397 years shall be paid to the person or persons having custody of 398 said children, providing that the children's benefits, together 399 with the surviving spouse's \JidmJ' c pension, shall not exceed 60 400 percent cixty per cent (60 ~) of the prevailing wage for the 401 rank member held when pensioned. In the event that all children 402 are not in the custody of the same person, the children's 403 benefits shall be pro rated pro-r0ted. The benefits provided for 404 a child shall cease upon his or her reaching the age of 18 405 eighteen (18) years or upon being married. 406 407 Section 13. Retirement after 20 years' serVlce and later.-- (1) Any member of the fire department may retire after ~ 408 t',;enty (20) years of active serVlce and shall receive the sum of 50 percent fifty per cent (50~) of the prevailing wage of the 409 410 411 412 413 lowest rank he or she held during the 3 three (3) years - immediately preceding his or her retirement. Upon the death of said retired member, the survlvlng spouse ',;ldo',; , providing they were married ohe ',;00 hio 10',;ful ',;ife at the time he or she was 414 pensioned, shall recelve 25 percent t',;enty fiTvTe per cent (25~) 415 of the prevailing wage of the lowest rank the member held during 416 the 3 three (3) years immediately preceding his or her 417 retirement. Children's benefits of 7 1/2 percent 7 1!2~ of the 418 prevailing wage of the lowest rank held by member during his or 419 her last 3 three (3) years of serVlce for each of his or her 420 children under the age of ~ eighteen (18) years shall be paid Page 15 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 16 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 421 to the person or persons having custody of said children, 422 providing that the children's benefits, together with the 423 surVl vlng spouse's \JidmJ' c pension, shall not exceed 50 percent 424 fifty per cent (50~) of the prevailing wage for the rank the 425 member held when pensioned. In the event that all children are 426 not in the custody of the same person, the children's benefits 427 shall be pro rated pro-r0ted. The benefits provided for a child 428 shall cease upon reaching the age of 18 eighteen (18) years or 429 upon being married. 430 (2) Each member of the fire department will increase his 431 or her pension by 2 percent t',JO percent (2~) of the prevailing 432 wage of the lowest rank he or she held during the ~ three (3) 433 years immediately preceding retirement for each year of serVlce 434 In excess of ~ t',Jenty (20) years, providing that in no case 435 shall the retirement pension herein provided exceed 60 percent 436 oixty percent (60'Zs) of the prevailing wage of the lowest rank 437 held by the member during the ~ three (3) years immediately 438 preceding retirement. Upon the death of said member of over 20 439 years' b;enty (20) ye0ro service, his or her survlvlng spouse 440 ',;ldo',;, providing they were married ohe ',;00 hiD 10',;ful ',;ife at 441 the time he or she retired, shall receive one-half (1/2) of the 442 pension the member would have been entitled to receive. 443 Children's benefits of 7 1/2 percent 7 1/2 'Zs of the prevailing 444 wage for the rank held by the member at the time he or she was 445 pensioned for each of his or her children under the age of 18 446 eighteen (18) years shall be paid to the person or persons 447 having custody of said children, providing that the children's 448 benefits, together with the surVl vlng spouse's \JidmJ' c pension, Page 16 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 17 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 449 shall not exceed the pension the member himoelf was recelvlng. 450 In the event that all the children are not In the custody of the 451 same person, the children's benefits shall be pro rated pre= 452 r0ted. The benefits provided for a child shall cease upon 453 reaching the age of 18 eighteen (18) years of 0ge or upon being 454 married. 455 Section 14. Mother or father as beneficiaries.--If there 456 be no surviving spouse \JidmJ of the deceased member entitled to 457 benefits under this act, and there shall be a mother or father 458 who is entirely dependent upon said member for support, his or 459 her mother or father shall receive the same penSlon to which the 460 surVl vlng spouse ',Jido',J would have been entitled. 461 Section 15. Cessation of pension to surviving spouse, 462 continuation of benefits to children.--Any pension being paid to 463 a surviving spouse ',;ido',; hereunder shall cease upon his or her 464 death or remarriage. No surviving spouse's ',;ido',;' 0 penslon shall 465 be paid to any surviving spouse ',;ido',; unless he or she was the 466 lawful spouse ~ of the deceased member at the time he or she 467 was placed on pension. This shall not be construed to mean that 468 the pension provided for the children of the deceased under the 469 age of ~ eighteen (18) years of 0ge shall cease by virtue of 470 the remarrlage of the surviving spouse mother, but shall 471 continue until the child or children shall reach the age of 18 472 eighteen (18) years or marry or be legally adopted. 473 Section 16. Benefits not assignable nor subject to 474 garnishment.--No pension or other benefits provided for herein 475 shall be assignable or subject to garnishment for debts or other 476 legal process. Page 17 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 18 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 477 Section 17. Pension for discharged members.--Members of 478 the fire department who are eligible and entitled to a pension 479 at the time charges are preferred [BH1Jagainst said member for 480 removal from the fire department shall not be deprived of the 481 penslon to which he or she was entitled. Any member who shall 482 have served for 12 T\Jel TvTe (12) years in the fire department who 483 shall be discharged shall be entitled to a retirement penSlon 484 upon the basis provided for in section 8 of thic 0ct. 485 Section 18 . Effect of judgment for damages against city.-- 486 Any judgment received by any member of the fire department or 487 persons entitled to a pension under this act, against the City 488 of Clearwater for damages on account of injury or death of a 489 member of the fire department, shall thereby void all rights to 490 a penSlon under this act. This shall not be a bar to a suit for 491 damages. This section shall not be construed to affect 492 proceedings under the Workers ' Compensation Law Workmen' 0 493 Compeno0tion ~ct of the St0te of Florid0. 494 Section 19. Election to come within plan; discharge after 495 5 years' serVlce. -- 496 (1) Every employee of the fire department now under the 497 present penslon plan, acts of 1939, shall have lQ thirty (30) 498 days to reject the terms of this actT and~ in the event of 499 rejection, said member shall file with the chief of said 500 department his or her objections in writing, and In the event of 501 his or her failure to do so, shall be conclusively presumed to 502 accept the terms of this act. 503 (2) All employees of said department employed after the 504 act becomes a law shall be as a condition of their employment, Page 18 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 19 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 505 subject to all of the terms and provisions of this act. Any 506 member of said department discharged or voluntarily leaving the 507 service after a period of 5 fi~e (5) years, shall be entitled to 508 a refund of 80 percent eighty per cent (80~) of all moneys 509 moniec deducted from his or her salary for said pension fund. 510 (3) Notwithstanding the above provision, any employee 511 subject to the terms and provisions of this act may transfer 512 such employee's contributions and interest earnings which have 513 accrued during the period of time that such employee 514 participated in the plan to the City of Clearwater Employees 515 Pension Plan. 516 517 Section 20. Payments under prlor plan.-- (1) All pensions heretofore granted by the board of 518 trustees of the fire penSlon fund of the City of Clearwater, 519 shall continue to be paid in accordance with the terms and 520 provisions of said plan prior to this amendment lchapter 72-506, 521 Laws of Florida]. 522 (2) All pensions hereafter granted under the provlslons of 523 this plan shall be in accordance with the provisions of this act 524 lchapter 72-506, Laws of Florida]. However, the total increase 525 in pension payments to any firefighter firem0n participating 526 hereunder and commencing to receive retirement benefits after 527 the effective date of this act lchapter 72-506, Laws of Florida] 528 shall be limited to a maximum of 100 one hundred percent (100~) 529 of the initial monthly pension payment provided under this plan. 530 In no case shall a pension or any adjustment to a penSlon be 531 calculated on the compensation of a rank higher than that of a 532 captain. This shall not be a bar to a higher-ranking higher Page 19 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 20 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 533 LJ.nking officer recelvlng a penSlonT but will limit the amount 534 of such penslon or adjustment to that of a captain's rank. 535 Section 21. Qualifications of applicants for employment.-- 536 Applicants for appointment as members of the fire department 537 must have been residents of the city for 1 onc (1) full year, 538 next prior to application for appointment. They must be an 539 American citizen; they must stand physical examination by the 540 city physician; they must not be over ~ thirty-fi~c (35) years 541 of age~ and they must be of good moral character and habits and 542 have qualified themselves in accordance with such civil service 543 rules as may be in force at the time of their application and 544 appointment to the fire department; provided, however, this 545 provision shall not apply to the chiefs of the fire department. 546 Section 22. Reexamination of pensioners.--Any member of 547 the fire department who shall have retired on pension due to 548 permanent disability shall be subject to the call of the board 549 for reexamination rc c]c'J.min.J.tion, and if found able to perform 550 active duty, the board shall have the power to, with the consent 551 of the city manager and the chief of the fire department, compel 552 the return of said member to the department and said member so 553 returned shall enjoy the same rights that he or she had at the 554 time he or she was placed upon pension, and in the event the 555 said member so ordered to return shall refuse to comply with the 556 said order within 10 tcn (10) days from issuance thereof, he or 557 she shall forfeit his or her rights to his or her pension. 558 Section 23. Change of address; notice; determination of 559 health recovery.--It shall be the duty of all persons on penslon 560 not granted by virtue of 20 t',Jcnty (20) years of service to file Page 20 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 21 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 561 with the penSlon board the address of his or her residence and 562 to immediately notify the said pension board of any change In 563 said residence, if any there be. The pension board shall have 564 the power to call any of such pensioners for examination to 565 determine whether or not the said pensioner has recovered his or 566 her health to the extent of being able to perform his or her 567 former duties on the fire department, upon giving lQ thirty (30) 568 days' 4ay& written notice of such recall for examination by 569 registered letter addressed to the last address on file with the 570 penSlon board. If said pensioner shall fail to submit himself or 571 herself for such examination within the said 30-day thirty (30) 572 Gay period, his or her pension shall be suspended until such 573 time as the pensioner shall establish before the said board that 574 he or she is still entitled to the pension he or she lS 575 receiving, and in the event the pensioner shall fail within 1 576 one (1) year to respond to said notice for examination and 577 suspension of his or her pension, it shall be conclusively 578 deemed that the said pensioner is not entitled to said pension 579 and it shall be revoked and set aside. 580 Section 24. Cessation of benefits to children upon 581 marriage.--Any benefits paid under the provisions of this act to 582 children shall cease upon the marriage of said child or children 583 or legal adoption of said child or children. 584 Section 25. When no credit while laid off.--If any member 585 of the fire department shall be laid off due to reduction in the 586 force or placed on pension not service-connected and then 587 returned to the service, only the time during which said member 588 was laid off or upon pension shall be deducted in computing the Page 21 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 22 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 589 active serVlce referred to in this act. Any member of the 590 department who shall be placed on pension due to injury 591 resulting from the performance of his or her duty, upon 592 returning to the service he or she shall receive credit only for 593 the active service actually rendered in said department In 594 computing his or her active serVlce. 595 Section 26. Repeal of conflicting law, exception.--AII 596 laws or parts of laws in conflict herewith be and the same are 597 hereby repealed, except as provided by section 20 of this act, 598 chapter 19112, Laws of Florida 1939, be and the same is hereby 599 repealed. Section ~ 27. City obligated to provide funds from non- 600 601 ad valorem sources.--Notwithstanding any other limitations and 602 prOVlSlons contained in chapters 306558, Laws of Florida, 1955, 603 and 72-506, Laws of Florida, specifically including, but not 604 limited to, the limitation of 35 thirty five (35) years for the 605 ad valorem tax funding of contributions to the pension fund by 606 the City of Clearwater, it lS hereby provided that it shall be 607 the obligation of the City of Clearwater, if the assets on 608 reserve in such penSlon fund, should, at any time, become 609 insufficient to pay all of the payments and benefits provided 610 for by the pension fund and plan, to contribute and provide 611 funds from non-ad valorem revenues of the city to said fund In 612 an amount sufficient to pay all such benefits as heretofore have 613 accrued or may heretofore become payable under said laws for so 614 long as any person shall be entitled to same. It is the intent 615 of this section that the city guarantee from non-ad valorem tax 616 revenue sources all benefits which would be payable under the Page 22 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 FLORIDA H 0 USE o F Attachment number 1 Page 23 of 23 R E PRE S E N TAT I V E S BILL ORIGINAL YEAR 617 plan at any time to the same extent as if such fund had assets 618 available from member contributions sufficient for that purpose. 619 Section. 28. Referendum.--This act shall not become 620 effective until and unless the same be ratified by a majority of 621 the qualified electors of the City of Clearwater, voting In an 622 election called and held for the purpose of ratification or 623 rejection thereof in the manner provided by law for the calling 624 and holding of special elections in said city. In the event of 625 ratification of this act, the same shall become effective 626 immediately upon the official determination of said 627 ratification. The submission of other measures for approval or 628 rejection, at the same special election in which this act is 629 submitted for ratification or rejection, shall in no way be 630 considered to invalidate or render void the special election In 631 which the ratification or rejection of this act is submitted. 632 Section 29. Severability.--If any section, paragraph, 633 phrase~ or sentence contained in this act shall be held 634 inoperative, unconstitutional~ or void by any court of competent 635 jurisdiction, it shall in no way affect the remaining portions 636 of said act. 637 638 Section 2. This act shall take effect upon becoming a law. Page 23 of 23 Agenda, POFConvert.4776 COOl NG: Words are deletions; words are additions, V Item # 25 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Authorize instituting a civil action against Antonne Gordon and U Save Auto Rental of America, Inc., a foreign corporation, to recover $3,715.88 for damage to City property.(consent) SUMMARY: On October 22,2003, Antonne Gordon, while driving a vehicle owned by U Save Auto Rental of America, Inc., attempted to flee from Clearwater police and in the process struck two City of Clearwater police department vehicles. Attempts to collect the amount of damages from Antonne Gordon or U Save Auto Rental of America, Inc. have been unsuccessful. The Legal Department requests authority to bring a legal action against Antonne Gordon and U Save Auto Rental of America, Inc. to recover the moneys owed to the City for the aforesaid property damage. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: No $275.00 $275.00 10/01107 to 09/30108 Annual Operating Cost: Total Cost: $275.00 $275.00 Appropriation Code 0-590-07000-545900-519- 000-0000 Amount $275.00 Appropriation Comment Bid Required?: Other Bid 1 Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None Cover Memo Item # 26 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Endorse the Model Livable Communities Comprehensive Plan Objectives and Policies recommended by the Pinellas County Metropolitan Planning Organization and adopt Resolution 07-31. SUMMARY: In December 2006 the Metropolitan Planning Organization (MPO) authorized the development of livable communities model comprehensive plan policies. Livable communities policies integrate land use and transportation planning, as well as site and street design to create and sustain livable urban environments. Its concepts are often associated with smart growth, new urbanism, traditional town planning, etc. The MPO retained the Renaissance Planning Group (RPG) to work with the Livable Communities Task Force and the Technical Coordinating Committee (TCC) of the MPO to develop model policies Pinellas County local governments could use to create a framework for livable communities strategies. Their work focused on local government evaluation and appraisal report (EAR) and comprehensive plan policies related to livable communities concepts, as well as best practices throughout Florida. The goals, objectives and policies developed through the study focus on improving the quality of life in Pinellas County by creating walkable areas by mixing land uses, providing housing opportunities in close proximity to places of employment, providing transit and incorporating pedestrian-friendly design features in development proposals and public improvements. The City of Clearwater has incorporated many livable communities concepts in the Clearwater Downtown Redevelopment Plan Design Guidelines and the Marina District provisions of Beach by Design. The concepts in the MPO model element can provide further guidance in creating the policy framework to address several key issues of local concern identified in the City's Evaluation and Appraisal Report including the citywide redevelopment strategy, community character and affordable housing. Review Approval: 1) Clerk Cover Memo Item # 27 Attachment number 1 Page 1 of 2 RESOLUTION NO. 07-31 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ENDORSING CONCEPTS CONTAINED IN THE MODEL LIVABLE COMMUNITIES COMPREHENSIVE PLAN OBJECTIVES AND POLICIES RECOMMENDED BY THE PINELLAS COUNTY METROPOLITAN PLANNING ORGANIZATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Pinellas County Metropolitan Planning Organization (MPO) is designated by the Governor of Florida as being responsible for carrying out a continuing, cooperative and comprehensive transportation planning process for Pinellas County; and WHEREAS, the concept of livable communities revolves around linking transportation and land use planning to create a better quality of life through the creation of distinctive urban environments that offer mobility and lifestyle choices and a place where people want to work and live; and WHEREAS, the Pinellas County Board of County Commissioners (BCC) approved a recommendation by the MPO in 2005 adopting amendments to the Pinellas County Transportation Impact Fee Ordinance (TIFO) to introduce provisions encouraging the implementation of livable community improvements (e.g., bicycle lanes, street crossing enhancements, off-road trails, transit shelters, etc.) by developers as credit toward the payment of impact fees; and WHEREAS, with the adoption of the TIFO amendment in 2005, the BCC approved a recommendation for the MPO to develop model livable community provisions for the local governments so that livable community improvements could be implemented as part of local site plan review processes and requirements; and WHEREAS, in 2006 the MPO authorized the development of livable community model comprehensive plan objectives and policies and land development codes for use by the County's local governments; and WHEREAS, development of the model land development codes is dependent upon a policy framework that ensures implementation of these codes will achieve the goal and objectives of the livable communities concept; and WHEREAS, Pinellas County's local comprehensive plans recognize the importance of sustaining livable community environments within their respective jurisdictions; and Resolution Ntt.em'-#127 Attachment number 1 Page 2 of 2 WHEREAS, the MPO approved a livable communities model comprehensive plan objectives and policies document in 2007; and WHEREAS, the City of Clearwater has already incorporated many livable community concepts in its special area plans and downtown redevelopment projects; WHEREAS, the City of Clearwater desires to incorporate livable community concepts in its comprehensive plan; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater endorses livable communities concepts In Pinellas County, and Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2007. Frank V. Hibbard Mayor Approved as to form: Attest: Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Resolution Ntt.em'-#127 Attachment number 2 Page 1 of 35 Livable Communities Model Comprehensive Plan Objectives and Policies Prepared for Pinellas County Metropolitan Planning Organization June 6, 2007 Item # 27 Attachment number 2 Page 2 of 35 Pinellas County Livable Communities Model Comprehensive Plan Objectives and Policies Executive Summary 3 Goal Statement 9 Objective 1 Walkable Streets 10 Objective 2 Transit Stops 12 Objective 3 Parking & Driveways 13 Objective 4 Mixed Use Development 14 Objective 5 Design Standards 19 Objective 6 Workforce Housing 21 APPENDIX 22 City of Gainesville Hillsborough County and New Port Richey Tampa Fort Myers Beach Palm Beach County Boca Raton and Winter Park Destin Item # 27 Attachment number 2 Page 3 of 35 Executive Summary Introduction As part of the effort to update the Pinellas County Transportation Impact Fee Ordinance, the Pinellas County Metropolitan Planning Organization's (MPO) Task Force recommended the development of policies that support livable community strategies that, at a minimum, improve conditions for transit use, bicycling and walking. As a follow up to the recommendations of the Task Force, the MPO has contracted with Renaissance Planning to develop model comprehensive plan policies and land development regulations for local governments in order to implement livable community strategies. In task one of the project, Renaissance reviewed draft and adopted Evaluation and Appraisal Reports of the municipalities in Pinellas County to ascertain the level of support and desire for livable community policies. In short, most of the EARs expressed some form of interest in implementing at least one of the "livable community" elements, mainly streetscape improvements. Roughly half of the communities are in tune with the Pinellas County EAR in that they identified the need to craft policies and regulations that encourage infill and redevelopment to foster economic viability and growth. At the same time, these communities also want to regulate the location and appearance of new or infill development in order to protect the area's existing character and define and enhance the community's "sense of place." In particular, Pinellas County identified the need to encourage development that supports compact, walkable areas with a complementary mix of uses in proximity to transit stops. For the purpose of organization, major issues identified in the EARs were grouped in terms of the "four D's" of creating a livable community: Density, Diversity, Design and Destinations. IRag~~7 Attachment number 2 Page 4 of 35 Density Density refers to the number of dwelling units that can financially support transit ridership and neighborhood retail, as well as the proximity and connectivity of those dwelling units to destinations such as work, school, parks, and shopping. Poorly designed density will only exacerbate problems such as traffic congestion, but places designed correctly- with buildings oriented to the street, parking in the rear, wide, tree-lined sidewalks that connect to a compact and concentrated mix of uses- encourage people to walk and use transit. Additionally, when jobs and housing are in relative balance with site design that integrates land uses, people take fewer trips by auto and their trips tend to be shorter. Recent national research indicates that for every 10 percent increase in housing in a jobs-rich area (or employment in a primarily residential area), there is a corresponding three percent decrease in vehicle miles traveled (VMT) . Diversity Diversity refers to a mix of land uses that support the livability concept. The mix can be vertical or horizontal, and includes a range of housing prices and types as well as the mixture of residential units with retail, office, and institutional or civic uses. Design Design refers to the architectural style of buildings and how they relate to the street in terms of scale, mass, and placement on the lot. Additionally, design refers to street design, including landscaping, sidewalks, on-street parking, street width, block size, and the number of street connections between and among various destinations. Design makes higher density palatable by integrating it into the fabric of the surrounding area and recognizing the context, whether it is urban, suburban, employment-based or mostly residential. Destinations Through the combined use of design, appropriate increased density, and diversity of land uses, housing types, and housing prices, unique and interesting destinations are created. The concept of destinations also includes creating community focal points, such as parks, town centers, vibrant downtowns, civic buildings, and other public spaces and connecting those focal points to residential, retail, employment, and institutional centers with walkable streets and paths. Communities that have well connected, attractive and diverse destinations become desirable places to live, work, and visit, in turn increasing the community's tax base and economic viability. All of these factors influence the comfort of pedestrians and may encourage the shift from single car occupancy to walking, bicycling, or transit use, but they are not mutually exclusive. These four elements must be used together to create a livable community. For the second task in phase one of the project, Model Comprehensive Plan Objectives, and Policies that support the Livable Community concept were drafted based on the desires identified in the Evaluation and Appraisal Reports that relate to design, density, diversity, and destinations. All of the 4 D's have been woven into the policies, as they must be used in conjunction in order to be most effective. Rather than identifying polices for each standard element of a comprehensive plan, such as Future Land Use, Transportation, and Housing, a set of model livable communities objectives and policies were created that the County or individual municipalities may adopt. The word "community" has been used instead of "county" or "municipality", and the policies can be tailored to fit the appropriate situation. IRag~427 Attachment number 2 Page 5 of 35 The objectives, and policies in this document provide the policy framework for communities to develop and adopt specific Land Development Regulations that will encourage and control the development of walkable, transit friendly mixed use destinations. Definitions Mixed-Use Development 1. Mixed-Use Project Mixed-use development combines single-use buildings, typically on distinct parcels, in a range of land uses in one planned development project, although combining both vertical and horizontal mix of uses can also occur. The overall project must result in a walkable area and there must be significant physical and functional integration of the different uses. These projects may occur within a mixed-use walkable area or they may be located in a more suburban setting. 2. Mixed-Use Areas Areas where there is a mixing of different land uses - e.g. residential, shopping, eating establishments, employment, lodging, civic, cultural - in one relatively discrete area. These areas usually have multiple ownerships, and combine both a vertical and horizontal mix of uses where there is significant physical and functional integration of the different uses, resulting in a walkable area. Urban centers and town centers usually exhibit these characteristics; examples in Pinellas County include Downtown St. Petersburg, Downtown Dunedin, Downtown Palm Harbor, and Downtown Largo. A mixed-use area mayor may not include a mixed-use project. 3. Mixed-Use Areas- Neighborhood Scale Areas where there is a mixing of land uses at a neighborhood scale in one relatively discrete area. The range of uses is generally more restricted focusing on neighborhood retail and services, eating establishments, and residential. These areas may be under one ownership or have multiple owners, and often emphasize a horizontal mix of uses, although some vertical mix may occur. There is significant physical and functional integration of the different uses that result in a walkable area. The collection of retail, service, office, and civic uses in Ozona in north Pinellas County exemplifies these characteristics. A mixed-use area mayor may not include a mixed-use project. Development Forms The effective application of livable community policies and codes is dependent upon recognizing the different types of development forms that exist in Pinellas County. These forms of development can be generally categorized as neighborhoods, activity centers, corridors and districts. These categories are further defined below. 1. Neighborhoods a. Traditional - Traditional neighborhoods are the historic small towns and villages that were established in isolated locations not adjacent to a downtown. Several of them are located on the coast since travel was by water prior to the railroads. Unlike the suburban neighborhoods, they tend to contain more of a mix of housing types. Small scale commercial uses may be present within these neighborhoods on small lots, sometimes as non-conforming uses. Some example sare listed below: i. Crystal Beach IRag~~7 Attachment number 2 Page 6 of 35 II. Old Palm Harbor (formerly known as Sutherland) III. Ozona IV. Lealman east of 49th Street v. Ridgecrest (portions) VI. Highpoint (portions) VII. Anclote b. Suburban I. Most post World War II neighborhoods located outside downtown areas in Pinellas County are suburban in character. II. Typical lot sizes - :::; 7,000 square feet. . iii. Some of the County's suburban communities contain a mixture of residential dwellings and are not solely single-family homes. These different housing types are not integrated, but are constructed in separate locations within the neighborhood or development. For example, Feather Sound contains single-family homes, townhomes, multi-family structures (both condominiums and apartments). The East Lake Tarpon Area also contains a mix of residential types although they are usually segregated into different areas of the community. c. Mobile Home and Manufactured Home Communities - The uniform housing type found in these communities distinguishes them from other neighborhoods. These neighborhoods often exhibit a strong social support structure and sense of community. d. Large Multi-family Communities and Resorts (e.g. Top of the World, Five Towns, and Innisbrook) 2. Mixed Use Centers a. Urban Centers - Characterized by intense development and major employment supported by residential uses that produce a significant amount of multimodal activity because walking, bicycling, and transit are more convenient than using the automobile. Urban centers consist of longer, denser blocks (generally a range of 400'-800' in length) that contain a variety of uses, mixed both horizontally and vertically. Densities generally range between 15 and 32 dwelling units per acre, while non-residential floor area ratios may range between 1.0-4.0. Urban centers predominate as the downtowns of major municipalities, such as Clearwater and St. Petersburg, but may also be appropriate for other areas of the County, such as the Gateway area. b. Town Centers - Characterized by a significant areas of development that are smaller than an Urban Center but provide convenient daily retail and personal service within walking distance of surrounding residential areas. Town Centers are also characterized as traditional "Main Street" communities organized around a focal point with a sense of community identity. Town centers consist of short, compact blocks (generally between 200-400 feet in length) that contain a variety of uses, mixed both horizontally and vertically. Densities typically range between ten and twenty dwelling units per acre, while non-residential floor area ratios may range between 0.5-2.0. Local examples of town centers are the downtown areas of Largo, Oldsmar, Tarpon Springs, Safety Harbor, Dunedin, Pinellas Park, Palm Harbor, Gulfport, Madeira Beach, and St. Pete Beach. c. Suburban Centers - Characterized by concentrations of non-residential uses located at major intersections of arterials and collectors. Suburban centers, such as big box retail and home improvement stores, have been developed to be convenient to automobiles and are IRag~~7 Attachment number 2 Page 7 of 35 generally set far back from the street with generous parking in the front. Although not currently characterized as transit or pedestrian friendly, suburban centers can be re-developed to be more livable while still serving an automobile oriented customer. Local examples of suburban centers include regional malls such as Tyrone and Westfield Countryside Mall, Largo Mall, and larger shopping centers generally greater than 10 acres and adjacent/nearby nonresidential development. d. Neighborhood Centers - Neighborhood Centers typically consist of a limited number of commercial establishments that fulfill the basic needs of residents within one mile of the center. Densities typically range between eight and fifteen dwelling units per acre and non-residential floor area ratios between 0.5 and 1.0. This category is typically applied to historic neighborhood or smaller town environments with a main street, but is also appropriate for neighborhoods with higher levels of connectivity that may have commercial areas that can be redeveloped to be more transit and pedestrian friendly. Local examples of neighborhood centers are LaBelle Plaza at the intersection of Highland Avenue and Belleair Road, the shopping center at the intersection of CR1 and Tampa Road, and Oakhurst Plaza Shopping Center at the intersection of Oakhurst Road and Antilles Drive. 3. Corridors a. Interstate - Located along 1-275 from the Howard Frankland Bridge and Causeway to the Sunshine Skyway Bridge and Causeway. This is a limited access roadway with no parallel local access roads. There is no direct access to any property from this federal roadway. b. Commercial Corridors - These corridors are located along municipal, county, or state arterial facilities where the primary orientation is toward providing easy accessibility for the automobile. There is often little connectivity between the commercial uses along the arterial facility and the adjacent neighborhoods. The "strip" development within these corridors typically consists of surface parking in front of one- or two-story commercial establishments. A commercial corridor generally serves a larger trade area than the immediate neighborhood. Apartment complexes may also be found along these corridors interspersed among the nonresidential uses. The "big box" national chains are often located within these corridors. c. Employment Corridors - These corridors are distinguished from commercial corridors in that they also include a significant number of jobs that are typically found in employment centers. In this case, the employment center is linearly oriented along a major roadway. Development along U.S. Highway 19 in north Pinellas County contains a substantial quantity of office space as well as the retail and personal services typically found within a commercial corridor. d. Residential Corridors - These corridors are formed when residential development (single-family and multi-family) is adjacent to an arterial roadway and have direct access onto that roadway. I n some cases, the residential structures were constructed prior to the roadway being upgraded to a larger facility (e.g. from a two-lane to a four-lane facility). e. Scenic/Non-Commercial Corridors - Roadways and the adjacent lands designated by the Board of County Commissioners to protect their traffic-carrying capacity and scenic qualities. These corridors are usually, though not exclusively, found in conjunction with residential corridors. IRag~ 727 Attachment number 2 Page 8 of 35 f. Coastal Corridor - This is a unique roadway corridor in Pinellas County that runs the length of the barrier island chain to Clearwater Beach, and then continues northward on the mainland along the coast from Downtown Clearwater through Dunedin, Palm Harbor, Tarpon Springs to the Pasco County line. This corridor includes the major centers of tourism along the County's Gulf beaches, and connects the historic downtowns on the west coast of north Pinellas County. 4. Districts a. Employment Districts - Historically, these are larger areas that have been principally devoted to manufacturing, warehousing, businesses and business services, professional services, other office uses, research and development, and hotel accommodations. They also include industrial and office developments of regional impact (ORis) such as Carillon, Gateway Areawide, Bay Vista and Oldsmar DRI. Recently, residential uses and supporting retail and personal services have been introduced or planned within selected employment districts. b. Industrial areas not part of a planned development (Joe's Creek, Airport Industrial Park, Clearwater Airpark Industrial Park, Mid-county Industrial Area, Tyrone Industrial Park, Dome I ndustrial Park) c. Historic Districts - These are districts containing a number of historically-significant structures that are designated on the National Register and/or by the local government as being historically significant. Historic Districts can be residential or commercial in character. d. Arts and Cultural Districts - These districts are typically mixed-use areas in which concentrations of cultural facilities serve as economic and cultural anchors. Their defining characteristic is the prevalence of cultural facilities, arts organizations, individual artists, and art- based businesses. e. Airport District - The St. Petersburg-Clearwater International Airport, Coast Guard Air Operations, Black Hawk Training Center, and businesses and operations supporting the Airport. f. University/College Campuses - The campuses of USF- St. Petersburg, Eckerd College, and St. Petersburg College. g. Medical District - These districts represent the major hospitals in the County and the concentration of medical offices and services that occur in the vicinity of the hospital campuses. Examples include Morton Plant Hospital in Clearwater, All Children's Hospital in St. Petersburg and Mease Countryside Hospital in Safety Harbor. IRag~~7 Attachment number 2 Page 9 of 35 GOAL STATEMENT Improve the quality of life in Pinellas County by providing diverse, well designed and walkable destinations while creating and maintaining choices in housing, offices, retail, workplaces, and travel modes. IRag~927 Attachment number 2 Page 10 of 35 Objective 1: Walkable Streets Create livable streets that are designed and oriented towards a multimodal transportation system. Policy 1.1 Where appropriate, development and re-development in commercial and employment corridors and/or mixed-use centers should include the following pedestrian-friendly design features: a. Continuous sidewalks with a minimum width of five feet, buffered from traffic by on-street parking and/or landscaping, and that include pedestrian amenities such as benches, trash receptacles, bus shelters, and lighting. b. Minimal front setbacks, building heights within a comparable range, and street trees to provide a sense of vertical enclosure on streets. Building heights should occur within a comparable range of surrounding structures. c. Buildings should be served by primary walkways that directly link the building's main entryway to the street and parking lot. These primary walkways should be visually distinct from parking lot and driveway surfaces and may include textured or colored materials. d. Permanent structures such as utility poles and traffic control poles within the sidewalk that restrict pedestrian movement should be discouraged. e. Direct routes between destinations, especially between adjacent parcels, to create walking and bicycling connections between neighborhoods and neighborhood (activity) centers. Potential conflicts between pedestrians and motor vehicles should be minimized. f. Clear passage zones equal to the required minimum sidewalk width in areas with movable obstructions, such as outdoor seating. Benches should be placed on a separate pad behind the back of sidewalk or between the sidewalk and the street to avoid clear passage zone obstruction. g. Drive-through windows along building fayades facing the public right-of-way should be discouraged. h. Access across property lines that allow vehicular and pedestrian movement between properties without returning to the street. i. Build-to lines are used as an alternative to setbacks in order to form a continuous street edge and provide a sense of enclosure. j. Parking located to the side or rear of the structure. Raga #~7 Attachment number 2 Page 11 of 35 k. Land development regulations that ensure signage requirements do not create visual clutter. Policy 1.2 When appropriate, implement the following livable roadway strategies within the public right-of- way on commercial corridors, employment corridors, and in mixed-use areas: a. Construct sidewalks on both sides of the street with a landscape strip; b. Provide bike lanes, wider sidewalks, landscape strip, raised median, or other roadway treatment; c. For roads that contain more than 4 travel lanes, consider pedestrian crossing treatments such as bulb-outs, crossing islands, pedestrian refuge islands in the median, in-pavement pedestrian lights, countdown signals, mid-block signals, and "hot response" signals; d. For roads that have blocks more than 800 linear feet in length, consider the use of mid- block crossings; and e. Require accommodation of bicycle travel and pedestrian needs in plans for future arterial and collector road construction, widening or reconstruction projects. Policy 1.3 Where there is not enough existing right-of-way to accommodate the design features in policy 1.1, consider requiring or providing an incentive for the dedication of additional right-of-way. Policy 1.4 In areas where arterial roadway volumes and speeds are not appropriate for the design standards in policy 1.1, consider the use of these roadway designs on parallel service roads or perpendicular collector roads. Policy 1.5 The following criteria should be used in prioritizing sidewalk improvements needed to fill gaps: (1) proximity to public schools; (2) proximity to major public parks or cultural facilities; (3) proximity to high density residential and commercial areas, or any area exhibiting (or potentially exhibiting) a high volume of pedestrian activity; (4) location alongside arterial and collector streets; (5) proximity to transit routes; and (6) proximity to identified redevelopment areas. Raga # 12.7 Attachment number 2 Page 12 of 35 Objective 2: Transit Stops Design and provide safe, attractive, convenient, and comfortable transit stops. Policy 2.1 Where feasible, provide transit stops with amenities including weather protection, ample paved walkways, sidewalks, lighting, and landscaping, and ancillary uses that provide conveniences to transit patrons such as cafes, news stands and food kiosks. Where transit stops can be retrofitted to meet these standards, the re-design of these stops may be prioritized in areas where higher residential densities or higher intensity commercial, employment, mixed use centers exist. Policy 2.2 Land development regulations should ensure that parking, landscaping, or other design requirements do not contain barriers to transit. Policy 2.3 The provision of landscaping near the transit stop in the form of shade or ornamental/palm trees is encouraged to maximize passenger comfort. Raga #'l27 Attachment number 2 Page 13 of 35 Objective 3: Parking & Driveways Parking lots and driveways should be designed to support pedestrian safety, connections and comfort by reducing the number of curb cuts and providing interconnectivity between and through sites. Policy 3.1 Allow a parking requirement reduction for properties that share both cross access and a common entrance drive. Policy 3.2 New commercial, office, and retail buildings and centers should be planned to reduce the number of curb cuts and driveways. Where possible, projects should share driveways and parking access with adjacent sites to provide an interconnected system of auto and service access points. Policy 3.3 The location and width of driveways should be reviewed through local site plan review processes to identify opportunities for shared driveways with neighboring properties and to reduce access points on the surrounding road network to the extent possible. Policy 3.4 Parking lots and driveways should provide pedestrian connections to entrances. Dedicated walkways through parking lots and sidewalks should be included in the design of access roadways. Policy 3.5 Parking lots should include trees to provide shade and reduce temperature for pedestrians. Policy 3.6 Service windows and stacking lanes for drive-through businesses should not face public streets. Policy 3.7 Mid-block and rear alleys should be utilized where feasible for access to parking, utilities, service and unloading areas in order to minimize the number of required curb cuts along primary access routes. Raga #~7 Attachment number 2 Page 14 of 35 Objective 4: Mixed Use Development Support efforts to create, recreate, and sustain areas of mixed-use development at appropriate locations to achieve the following objectives: Provide vibrant and safe walkable areas; Concentrate growth in relatively discrete areas that are compatible with the community character, local traditions, and historic heritage; Place housing in proximity to employment opportunities, services and amenities; Establish urban areas that support transportation choices other than privately-owned vehicles and that are more efficiently served by transit; Establish quality-designed urban environments that create vibrant, livable places; Provide locations that create a range of housing opportunities and choices, including the provision of affordable housing; Provide urban areas that incorporate well-designed public spaces; Encourage development at an intensity and scale that is compatible with proximate residential neighborhoods; Provide adequate buffering and a transition gradient between non-residential and/or higher density residential development and proximate residential neighborhoods and/or less intensive nonresidential development; Encourage development that is compatible with the natural environment and the overall vision of the community. Policy 4.1 The following criteria should be used in determining appropriate locations for mixed-use development: a. Locations where underutilized or vacant commercial strips or centers exist; b. Locations that are walkable destinations for proximate residential areas; and c. There are transportation choices other than the automobile that service the area. At least one of the following public transit services is available to serve the mixed-use development, or is scheduled to be available within the next 5 years: A bus route with a stop within 'V4 mile of the center of the proposed development; The area is served by a Bus Rapid Transit (BRT) route that is in operation or that has been selected for BRT service through the MPO process and there is a firm funding commitment to establish BRT service and have it operational within 5 years. The BRT stop should preferably be within the mixed-use development and not more than 500 to 1,000 feet from places of employment or more than 'V4 to % mile from residences. Raga #L127 Attachment number 2 Page 15 of 35 The area would be served by a commuter rail line or a guideway system where funding is committed for constructing the line or system and it will be operational within the next 5 years. The guideway or commuter rail terminal should preferably be within the mixed-use development and not more than 500 to 1,000 feet from places of employment or more than 'V4 to % mile from residences. d. The location has direct access or is proximate to a segment of the countywide or a local multi-use path or trail system; e. The location can accommodate a mix of land uses, including a residential component, that are able to blend with surrounding uses without juxtaposing incompatible uses or building types. f. The mixed-use development will create opportunities for providing a mix of housing types in a range of prices, a certain percentage of which will meet the local government's affordable housing criteria. g. The mixed-use development can accommodate one or more of the local government's targeted industries or businesses. h. The mixed-use development is of sufficient size to allow a decrease in density/intensity from the center of the mixed-use development to the periphery that is compatible with the surrounding land uses. i. The mixed-use development will provide services (e.g. convenience groceries, dry cleaners, and personal care) and amenities within walking distance of residential development within the mixed use project or of residents in the surrounding community, if applicable. j. Compatibility of mixed-use development with other goals, objectives, and policies of local comprehensive plans. Policy 4.2 The mixed-use development may be eligible for a density or intensity bonus, as determined by the local government, if the development will create opportunities for providing a mix of housing types in a range of prices. Density/intensity bonuses should be based in part, if not entirely, on the extent to which the project meets the local government's affordable housing criteria or economic development objectives related to employment and the recruitment or expansion of targeted industries. Raga #f:i.7 Attachment number 2 Page 16 of 35 Policy 4.3 Mixed-use development should be integrated into a walkable area, which exhibits most, if not all, of the following characteristics: a. A pedestrian-friendly environment that results in active, walkable streets. b. Building setbacks are reduced. c. Buildings are interconnected by a continuous network of safe, convenient, comfortable, and interesting sidewalks, paths, and bicycle routes. d. If residential neighborhoods and other walkable destinations are located nearby, mixed- use development is interconnected with the surrounding community by a network of safe, convenient, comfortable, and interesting sidewalks, paths, and bicycle routes. e. Pedestrian-scale streetlights and other amenities are installed. f. There is safe, convenient access to public transit. g. The development will provide well-designed public spaces (e.g. pocket parks and plazas) and space for civic uses such as libraries and community centers. h. Applicable livable community characteristics identified in these model objectives and policies. i. Building heights should be proportional to the width of the street. J. Sidewalk links are connected within public rights-of-way. Policy 4.4 In order to promote compact and walkable development, all uses should be within walking distance and interconnected with sidewalks. Policy 4.5 In order to encourage mixed use centers, the land development regulations, should allow for maximum parking standards. Policy 4.6 Establish a future land use map category to recognize those areas of the County that are appropriate locations for mixed use development as described in these model objectives and policies. The category should be consistent with the Countywide Plan rules. Policy 4.7 Implementation of policy 4.6 should require a special area plan approved by the local government. The special area plan should, at a minimum, address the following: a. Permitted uses and location criteria; b. Density and intensity standards; c. Provisions for mixed use; d. Design guidelines; e. Provisions for affordable housing and employment; Raga #~7 Attachment number 2 Page 17 of 35 f. Provisions that achieve a walkable area; g. Impacts on public services and facilities; h. Integration with planned and existing mobility systems; I. Integration and compatibility with the surrounding community; J. Incentives that may be offered to encourage development that has an overall community benefit; and k. Consistency with the local comprehensive plan. Policy 4.8 Special area plans, as described in Policy 4.7, may require that in order to exceed an established base residential density or intensity of use, a project should provide public benefits and amenities that support Objective 4. The applicable local government would determine what public benefits and amenities would be acceptable for receiving additional development rights, and the extent of those additional development rights. Policy 4.9 Special area plans may require that development above an established base residential density or intensity of use rely upon the transfer of development rights from other properties to the subject property or properties. Policy 4.10 Future land use map categories established to identify locations appropriate for mixed-use development as described in these model objectives and policies should enhance, and not compromise, the integrity and viability of existing and planned residential neighborhoods. Policy 4.11 Local adoption of future land use map categories that are appropriate for mixed-use projects as described in these model objectives and policies should encourage development that creates a strong sense of community identity through consideration of such mechanisms as optional and/or required urban design and architectural design criteria, recognition of historic setback patterns and lot sizes, creation of places oriented toward pedestrians, bicyclists and transit users, provision of green space and landscaping in public spaces, and application of other appropriate mechanisms that may be specific to a particular location. Policy 4.12 When considering adoption of an amendment to designate a mixed-use future land use map category, the local government should take into consideration the following: a. The area's historic development pattern; b. The interrelationship of the proposed designation with the surrounding community; c. Whether the area has historically served as a community focal point; Raga # 727 Attachment number 2 Page 18 of 35 d. The impact that approval of the amendment would have on the surrounding traffic circulation system; and e. The extent to which it would encourage pedestrian activity and other non-motorized modes of travel. Policy 4.13 Local governments should consider amendments to their land development codes to support redevelopment of commercial and employment corridors within Pinellas County that are consistent with these model objectives and policies. Policy 4.14 In order to encourage the development of mixed use centers, the adoption of transportation concurrency mitigation strategies such as Transportation Concurrency Exception Areas or Multimodal Transportation Districts should be considered Raga #~7 Attachment number 2 Page 19 of 35 Objective 5: Design Standards Promote high quality design standards that support the community's image and contribute to its identity and unique sense of place. Policy 5.1 Encourage building design to provide an ordered variety of entries, porches, windows, bays and balconies along public rights-of-way where it is consistent with neighborhood character. Policy 5.2 Buildings with facades greater than 50 feet in length should be broken down in scale by means of the articulation of well-proportioned and separate areas. Strategic elements include the variation of architectural treatment and elements such as colors, materials, and heights. Policy 5.3 For ground-level facades that face a right-of-way, a minimum standard should be established for the percentage of the exterior wall containing transparent structures such as windows and doors. This standard should apply to both facades of a building on a corner lot. Policy 5.4 Buildings should include street level elements oriented to the pedestrian, such as awnings, arcades, and signage. Policy 5.5 In areas of the County having a historic or consistent design character, new development should be designed to maintain and support the existing character. Policy 5.6 Preserve the character of existing residential neighborhoods by requiring infill or remodeled structures to be compatible with the neighborhood and adjacent structures. Policy 5.7 To promote housing diversity and to avoid creation of homogenous developments, promote the inclusion of a variety of housing types in all residential communities through local land development regulations. Policy 5.8 Local setback requirements should allow porch easements in subdivision design and to require living areas of the structure to be closer to the street than garage areas. Raga #gz7 Attachment number 2 Page 20 of 35 Policy 5.9 Encourage single family attached and multi-family developments to be designed to include orientation of the front door to a neighborhood sidewalk and street. Raga fl~7 Attachment number 2 Page 21 of 35 Objective 6: Workforce Housing Increase workforce housing opportunities, particularly within proximity to places of employment and transit facilities. Policy 6.1 Workforce housing should be defined as the housing needed for people whose median household income is between 80 and 120 percent of the area's median income, with no more than 30 percent of their income spent on housing costs. Policy 6.2 As a means to reduce vehicle miles traveled and vehicle hours traveled for work trips, encourage the creation of workforce housing and employment in proximity to each other where analysis of existing conditions and future growth reveals a significant disparity between the number of housing units and jobs. Policy 6.3 Mixed-use development projects and mixed-use walkable areas that contain both residential units and jobs aligned with local employment objectives should be supported at appropriate locations as determined by the location criteria for mixed-use development and other pertinent policies within these model objectives and policies. Policy 6.4 Priority should be given to assisting affordable work force housing projects which are proximate to employment centers, public transportation, and are easily accessible to a range of public services. Policy 6.5 Density bonuses should be considered for residential and mixed-use developments proximate to an existing or planned transit stop or station or a major employment center in accordance with locally adopted development criteria. Policy 6.6 Granny flats or other accessory dwelling units should be permitted in residential or mixed use districts where compatible with the character of the neighborhood. Raga fl12.7 Attachment number 2 Page 22 of 35 APPENDIX Comprehensive Plan Best Practices This section contains examples of local government comprehensive plan language related to the promotion of livable community features and strategies that were used as a reference for the development of the model objectives and policies for Pinellas County. Raga fl'l27 Attachment number 2 Page 23 of 35 City of Gainesville The City of Gainesville has three elements in their Comprehensive Plan that support the livable community concept: the Future Land Use Element, the Transportation Element, and an optional Urban Design Element. The Future Land Use Element generally encourages mixed use development, the redevelopment of malls and strip centers into mixed-use activity centers, parks and plazas, neighborhoods that are balanced with housing and jobs, walkable neighborhoods with a defined center and edge, and transit-oriented design in mixed-use centers. Specifically, the element establishes six separate mixed-use future land use categories with a wide range of densities and intensities, as well as specifications for heights and requiring minimal front yard setbacks. The Transportation Element promotes a pedestrian friendly environment through encouraging small blocks with sidewalks on both sides of the street, mid block crossings, and requiring that the city complete a sidewalk inventory to be added to their GIS data. The city also promotes transit and bicycle use by striving to provide bus service within 80% of all medium and high density developments, a bicycle connection to every destination, evaluating needs of existing bus stops such as shelters, bike racks, and benches, and requiring accommodation of bicycles on all collector and arterial roadways, park and ride lots, on buses, and at all transit stops. Additionally, the element has an objective and supporting policies that contribute to the creation of "livable streets" that "promote a mix of uses such as car travel, transit, and bicycling by designing streets for: (1) slow motor vehicle speeds, (2) quiet neighborhoods, (3) safety for children, people with disabilities, and seniors along residential streets, (4) a livable community featuring neighborhood pride, a sense of place, and a pleasant tree canopy; and (5) that support a sidewalk system supportive of socializing." Lastly, the city has adopted an optional Urban Design Element that promotes pedestrian-friendly design features that many cities would relegate to their land development codes. These include the following: 1) Modest commercial build-to lines that pull the building up to a wide street side sidewalk with a row of trees; 2) Modest instead of abundant off-street parking located at the rear or side of buildings, and away from pedestrian areas; 3) Building facades facing the street and aligned to form squares, streets, plazas or other forms of a pleasant public realm; 4) A vertical mix of residences above non-residential uses within the center, and a required percentage of Center floor area that is residential and retail; 5) No free-standing retail establishment within the center exceeding 30,000 square feet (or some set maximum) of first floor area; 6) First floor uses promoting entertainment and retail uses and; 7) Articulation and glazing for pedestrian interest. Additionally, this element identifies redevelopment areas with specific targets and design standards in order to make each area a walkable destination. For the Full Text of the Elements, go to: Raga fl~7 Attachment number 2 Page 24 of 35 Hillsborough County and the City of New Port Richey Hillsborough County is in the process of creating an optional Livable Communities Element. The purpose of the element is to provide distinct lifestyle choices for its residents in urban, rural, or suburban style communities and provide design standards that create a distinctive character for each. Although the rural and suburban styles of development in Hillsborough County may not be applicable, the general urban standards are relevant to the pattern of development throughout Pinellas County. The City of New Port Richey will soon transmit a Livable Cities Element to the Department of Community Affairs for review. The element was created by the same consultant assigned to the Hillsborough County element, and has several similar policies and graphics. However, the New Port Richey element is much more narrow in scope. The element concentrates on a town and employment center scale and design while preserving existing residential areas. The sections of both elements that are applicable to Pinellas County highlight the importance of mixed-use and public spaces and providing a comfortable connection between those places. Specific policies designed to encourage new development and redevelopment to utilize traditional neighborhood development (TND) principles that can be used to guide Pinellas County in attaining a livable community include the following: a. Neighborhood identity: Compatibility of neighborhood components, distinctively designed streets and public spaces and gateways and emphasis on natural features; b. Residential variety and diversity: Varied residential densities, a mixture of housing types, ancillary dwellings, and home-based employment opportunities; c. Coordinated community planning: Create synergies through connected open spaces, active uses facing public spaces, collocation of school sites and parks, and coordinated utilities placement; d. Central places: Neighborhood serving uses at a central gathering place with high quality pedestrian environments; e. Linkages: Interconnectivity of neighborhoods internally and to surrounding neighborhoods via a grid network of streets, sidewalks and open space (e.g., greenways); f. Mobility choices: Walkable-scale blocks and streets system providing alternative trip routes (Le., grid network), sidewalks, crosswalks, bicycle facilities and transit stops; g. Cars and streets: Streets scaled to discourage speeding, with on-street parking, where feasible; h. Parking: Cars stored toward the back of the lot, accessible by alleys, when feasible; shared driveways; and duplex or quadriplex garages at the rear lot line; L Street-friendly housing: Housing close to and facing the street with active areas such as porches, windows and doorways oriented to the street; garages located to the side or rear, or set back deeper than the main part of the house; j. Social space: A variety of sizes and types of open space in each neighborhood encouraging both active and passive uses and fostering interaction between neighbors; and k. Design: Design sensitivity to established natural, physical or cultural contexts. Hillsborough County may also adopt its Livable Roadways Guidelines as part of the element as well. The guidelines illustrate the desired design of pedestrian facilities, bicycle facilities, trails, parking, and transit facilities. The guidelines also depict how various roadways should be designed, including: . Two-Lane Main Streets with Parking; . Two-Lane Undivided Urban Corridors; . Two-Lane Divided Urban Corridors; Raga flL127 Attachment number 2 Page 25 of 35 . Two-Lane Undivided Urban Corridors with Parking; . Four-Lane Divided Urban Corridors; . Two-Lane Undivided Residential Corridors; . Two-Lane Undivided Rural Corridors; and . Four-Lane Divided Rural Corridors; For the full text of the Livable Roadways Design Guidelines, go to: http://www. hillsboroug hmpo. org/pubmaps/pubmaps _folders/folderother/otherpla ns _ files/OBO 1 06 -Livable%20Roadways-fina/. pdf Livable Roadways Main Street Design Example: http://www .hillsboroughmpo. orglpubmaps/pubmaps jolders/folderother/ otherplans _ files/080 106 -Livable%20Roadways-final.pdf Raga flf:i.7 Attachment number 2 Page 26 of 35 City of Tampa The City of Tampa's Future Land Use Element (FLUE) allows for a 100% increase in densities without a Future Land Use Map Amendment within certain future land use categories if the project falls within the urban service area and meets the City's standards for Traditional Neighborhood Development (TND). The requirements for Traditional Neighborhood Development include: . A town center that is pedestrian friendly, located on a public square, and provides for residents daily needs, such as a post office, banks, retail stores, attached residential units, restaurants, and civic uses such as churches and community centers; . A mixed residential area that includes single family attached and detached units, multifamily units, parks and rights-of-way through open space. The mixed residential area may also include some commercial and civic uses, such as restaurants and churches; . An employment center area that mixes office and other commercial uses of greater intensity than the town center; and . A minimum of 20% of the total area of the project must be open space, such as pocket parks, plazas, greenbelts and parks. In addition to this form of development, the Future Land Use Element also offers several other mixed use designations that range in density and intensity from very low (3 du/acre, 0.25 FAR) to high (75 du/acre, 3.5 FAR). Table 1 below summarizes the various mixed use categories. Table 1: Mixed Use Categories Suburban Mixed Use 3 3 0.25 Suburban Mixed Use 6 6 0.50 General Mixed Use 24 1.5 Transitional Use 25 1.5 Urban Mixed Use 50 2.5 Regional Mixed Use 100 3.5 The city's transportation element allows the city to reduce parking standards if a developer provides bicycle amenities such as secure storage and locking, weather protection of bicycles, shower heads and clothes storage lockers. For the full text, go to: Raga fl~7 Attachment number 2 Page 27 of 35 City of Fort Myers Beach In 1999, the City of Fort Myers Beach developed an optional Community Design Element in order to provide the policy framework for a form-based land development code. The purpose of the element is to reinforce "the small-town character of Fort Myers Beach, a place where permanent residents coexist comfortably with tourism. The policies reflect an appropriate balance among neighborhood needs, economic vitality, and tourist development, and the balance between the need to move cars and all other types of movement (on foot or by bicycle or boat)." The Element encourages the development of traditional, pedestrian friendly neighborhoods throughout the city. The element calls for landscaping and design solutions for Estero Boulevard, the main artery through the city. Specifically, the element directs the city to amend its land development code to allow for the following design solutions for Estero Boulevard: . Bringing buildings closer to the sidewalk; . Encouraging or requiring compatible means of meeting the mandatory flood elevation requirements (for example; using dry-floodproofing techniques, or designs such as the old hardware store which is built close to the street with outside steps up, but with added steps up inside to reach the flood elevation); . Locating most parking to the rear of buildings, limiting curb cuts, and promoting shared parking areas; . Facilitating pedestrian and bicycle access and contributing to the interconnectedness of the circulation system; . Adopting design guidelines that encourage architecture and urbanism along Estero Boulevard that contributes to the human scale and "beach cottage character." The element also contributes to the pedestrian environment by encouraging the visual improvement of all public spaces, such as parks and rights-of-way though burying utilities, landscaping with native vegetation, and the placement of monuments or other forms of landscape treatments; landscaping neighborhood streets; creating a "hidden path" network of pedestrian and bicycle paths throughout the city; converting the auto- oriented Santini Plaza and Times Square area into mixed use town centers; and directing the land development code to be amended to reduce lot sizes, setbacks, and parking requirements. The Future Land Use Element promotes the preservation of existing the city's existing small- scale beach character while encouraging redevelopment of commercial areas to be a "park once and walk" atmosphere. Specifically, the element "grandfathers in" higher density condominiums and resort rentals, but limits density and high-rise buildings by directing the land development regulations to be amended to limit heights no taller than two stories above the base flood elevation. For the full text of Fort Myers Beach's comprehensive plan, go to: Raga fl72.7 Attachment number 2 Page 28 of 35 Palm Beach County Palm Beach County's Future Land Use Element offers a "Traditional Town Development (TTD)" Future Land Use category. The category requires that the proposed development meet all of the following criteria: . Have neighborhoods which are pedestrian oriented, physically recognizable, developed at a human scale, limited in size (allowing residents to walk to the neighborhood center within approximately five minutes), and efficiently organized to provide for the daily needs of the residents; . Have residences, shopping, employment and recreational uses which are all located within the neighborhoods, and within close proximity to each other; . Have a hierarchy of streets to serve the needs of the pedestrian and the motorist; . Be primarily pedestrian-oriented design and secondarily for vehicles, through the development of pedestrian and bikeway circulation systems which serve to functionally and physically integrate the various land use activities; . Have physically defined and linked squares and parks within neighborhoods which provide places for social activity and active/passive recreation. The linking of these places through the use of greenways increases accessibility to the recreational facilities; . Have well placed civic buildings and squares provide places for social, cultural and religious activities, and become symbols of community identity; . Have commercial uses supportive of the residential development; . Be predominantly residential, requiring a minimum of 55% of the development area be devoted to residential uses primarily as Traditional Neighborhood Developments. (Up to 10% of the area of a Traditional Town Development (TTD) may be Planned Urban Developments.) In addition, each Traditional Neighborhood Development should contain mixed-use development allowing for the horizontal and vertical integration of, as well as the clustering of, living, working, recreational, open space, shopping, and civic uses; . Contain a centrally located Traditional Mixed Use Development comprising shopping, employment and civic uses; . Meet all adopted levels of service, as specified in the Comprehensive Plan, and all urban services should be available concurrent with the impacts of development; . Provide for a variety of housing types, including low and very low income housing, and neighborhoods should contain a variety of these housing types; . Include building setback requirements, which allow buildings to abut front sidewalks; however, streetscape requirements must be met as outlined in the Urban Land Development Code; . Allow for the provision of alleys; allow for the provision of on-street parking to buffer walkways from the road and increase overall pedestrian safety; . Include standards for parking, which acknowledge the pedestrian nature of the community, permit pervious surface parking, and provide parking behind buildings; . Achieve a 20% internal capture rate for transportation; . Be designed to include mass transit (including land for bus stops) and accessibility to existing mass transit, where available, and provide alternative . modes of transportation, such as bikeways and pedestrian paths; . Be designed to provide for well defined public spaces, buildings, and vistas which terminate on focal points. Usable public open space should comprise a minimum of five (5) percent of the developable area. Linkages between open spaces, in the form of pedestrian and bike paths, should be provided for within and outside the development; . Incorporate detailed performance standards which allow for regulating buildings by general category of use (building type) rather than by specific use; Raga fl~7 Attachment number 2 Page 29 of 35 . Provide for and maintain extraordinary landscaping/recreation facilities/sign control/design and development standards; . Reduce the intensity/density of that portion of the development which is contiguous to any priority acquisition sites designated by the Conservation Lands and; . Have neighborhood centers, which contain civic and commercial uses that serve the daily needs of the residents within a quarter mile walk of 90% of the neighborhood's residential areas. . The Traditional Town Development, by virtue of its function and design is unique in character; however, the development should demonstrate: 1) sector balancing; 2) compatibility and integration with existing development; and, 3) consistency with the goals, objectives and policies of the Comprehensive Plan. Through the Regional Analysis the Traditional Town Development should identify the need and provide employment opportunities for both existing and future residents, and contribute to the alleviation of existing imbalances in the area relative to lack of affordable housing, employment, retail, infrastructure, etc. For the full text of Palm Beach County's Comprehensive Plan, go to: Raga flgz7 Attachment number 2 Page 30 of 35 Cities of Boca Raton and Winter Park Mizner Park in Boca Raton and Winter Park Village in Winter Park were constructed on sites that were formerly enclosed, suburban-style shopping malls that had become obsolete. Both were redeveloped into successful walkable, main street town centers. Although both were planned prior to the comprehensive planning requirements that are enforced today, each city has comprehensive plan policies that support mixed use development. Winter Park's Plan encourages the construction of "village-style" development by maintaining residential densities and limiting building heights to 40 feet. Boca Raton's Plan establishes a mixed use future land use category in order to establish a policy framework for a "village center" zoning district. The category allows for up to 20 dwelling units per acre and a floor area ratio of up to 0.30, and also established a minimum and maximum mix of uses in the category, as follows: Use Minimum Residentia 50% I Retail* 5% office** 0% Maximum 85% 23% 10% * Retail uses include general retail, specialty retail, restaurant, entertainment, cultural uses, and community-serving institutional uses. The implementing zoning district regulations should specify permitted uses in a manner that is consistent with these general categories. ** Office uses include general office, professional office, and medical office. Mizner Park Master Plan, Boca Raton, Florida. Image courtesy of Thomas Dolan Architecture. Winter Park Village plan, Courtesy Dover Kohl and Associates For the full text of Boca Raton's Plan, go to: For Winter Park's plan, go to: Raga fJ~7 Attachment number 2 Page 31 of 35 City of Destin The City of Destin, Florida, was the first city to adopt a multi modal transportation district (MMTD) into its comprehensive plan. The plan objectives and policies included in the language related to the MMTDs is currently being marketed by the Florida Department of Transportation as model language. Several other cities are considering MMTDs, and the language will likely evolve over time. However, this language could be used as a model for Pinellas County and its municipalities in adopting its own MMTD. OBJECTIVE 2-1.3: ADOPT A MUL TIMODAL TRANSPORTATION DISTRICT. The City should implement a multi modal transportation district (MMTD) that allows for a more balanced approach to designing the City's transportation system. Rather than focusing solely on increasing roadway capacity to meet the needs of future development, the MMTD should decrease the emphasis on automobile mobility and help reduce vehicle miles of travel per person while promoting accessibility by all modes through redevelopment of the built environment and improvement of cycling, pedestrian, and transit networks. While the operations of the existing road network will be maintained and enhanced with strategic new connections, reconstruction, and widening projects as appropriate, investment in sidewalks, cycling facilities, and transit service will be significantly increased. Urban design standards should ensure that development is designed to be integrated and accessible, encouraging increased use of non-auto forms of transportation. Policy 2-1.3.1: Establish Boundaries for the MMTD. The established boundaries for the MMTD are Kelly and Main Streets, the Destin-Fort Walton Beach Airport, and the City boundary with Okaloosa County along US 98 to the north, the Gulf of Mexico to the south, the City boundary with Walton County to the east and the Marler Bridge to the west. This district is established pursuant to Florida Statutes - Chapter 163.3180(15)(a) and as designated on the Multimodal Transportation District Map (Map 2-3) and the Future Land Use Map (Map 1-1). Developments proposed in the MMTD that satisfy the following two conditions should be deemed in compliance with transportation concurrency requirements for automobile traffic: 1. Follows urban form and multimodal facility design standards as described in Policy 2-1.3.3; and 2. Contributes towards achieving the adopted multi modal level of service standard designated in Policy 2-1.3.2 through the provision of on-site and off-site improvements necessary to mitigate transportation impacts in the immediate project vicinity. The amount of mitigation required will correspond to the project's impact as calculated through application of the City's transportation impact fee. Eligible capital improvements are outlined in Policies 2- 1.3.4 through 2-1.3.9 and included in the Capital Improvements Element of this Plan Policy 2-1.3.2: Adopt Multimodal Level of Service Standards. The existing LOS standard for each mode is based on the measured existing conditions in the MMTD and should serve as a baseline to ensure that the LOS mode does not degrade below these levels. Adopted LOS standards are based on the maximum achievable LOS grade given implementation of multimodal improvements on all arterial and collector roads within the MMTD and pedestrian-oriented urban Raga fJ 12.7 Attachment number 2 Page 32 of 35 design. Establishing interim adopted LOS standards reflects the long-term implementation of multimodal improvements and urban design standards. The existing and adopted LOS standards in the MMTD are as follows: Table 2-1: Existing and Adopted Multimodal Level of Service Standards for Major Collector Roads Existing C C F Adopted (2006) C C F Adopted (2011) B B E Adopted (2020) A B E Table 2-2: Existing and Adopted Multimodal Level of Service Standards for Harbor BoulevardlEmerald Coast Parkway Existing Adopted (2006) E E D Adopted (2011) D D c Adopted (2020) c D c Raga fJ'l27 Attachment number 2 Page 33 of 35 Policy 2-1.3.3: Design Development to be Supportive of Multimodal Transportation. Development within the Village, Calhoun, North Harbor, South Harbor, Harbor CRA, East Harbor, Holiday Isle, Town Center CRA, and Gulf Resort sub-areas, as designated in the Future Land Use Element, should meet standards of intensity, diversity, design, and connectivity of land uses to establish a high concentration and variety of destinations that can be easily accessed by a variety of transportation modes. The standards should be applied in conjunction with Section 7.09 (Tiered Land Use System) of the Land Development Code governing special design criteria and density/intensity bonuses. These standards should address the following: 1. Intense and dense development to establish a high concentration of activities and destinations. Residential density up to 40 dwelling units per acre and non-residential intensity up to a 2.30 floor-to-area ratio should be allowed through the City's tiered land use system. 2. Diversity in land uses to serve multiple functions within a concentrated area. A minimum of two land uses should be required in mixed-use zoning districts with additional uses encouraged through impact fee credits. 3. Complementary land uses to increase transportation efficiency. 4. Maximum front setbacks to improve access between buildings and the multimodal transportation network. Setback requirements should range from zero to 35 feet depending on the height of the building. 5. Site design characteristics such as building location, parking location, and landscaping to maximize access to the multi modal transportation network. 6. Building orientation to increase accessibility to the public street with a secondary emphasis towards on-site parking. 7. A continuous fayade lined with significant ground floor transparency to provide a continuous and attractive streetscape. 8. On-site multimodal transportation infrastructure to provide connections to public sidewalks, cycling facilities, transit stops, buildings, parking, and adjacent land uses. 9. Shade trees, lighting, street furniture, and other amenities along sidewalks and at transit stops to improve the design and accessibility of the on-site multimodal transportation infrastructure. 10. On-site connections in and surrounding the North and South Harbor Areas to facilitate access to and within the North and South Harbor Areas. Development within the Crystal Beach sub-area, as designated in the Future Land Use Element, should serve as a transition area between the MMTD and areas outside of the MMTD. Given its limited number of vacant parcels, limited redevelopment potential, and lack of designated intense and mixed use future land uses, the City should focus its efforts in the Crystal Beach sub-area on increasing connectivity and constructing multi modal infrastructure to improve linkages within the sub-area and to surrounding areas of the City and adjacent Counties. These standards should address, at a minimum, the following: 1. On-site multimodal transportation infrastructure to provide connections to public sidewalks, cycling facilities, transit stops, buildings, parking, and adjacent land uses. 2. Shade trees, lighting, street furniture, and other amenities along sidewalks and at transit stops to improve the design and accessibility of the on-site multimodal transportation infrastructure. Raga fJ~7 Attachment number 2 Page 34 of 35 The City should amend the LDC to include multimodal design standards within one year of adopting an ordinance to amend the Comprehensive Plan. Additionally, the City should produce a document within one year of adopting the Ordinance to amend the Comprehensive Plan that outlines the MMTD standards with the requirements and acceptable ranges for each urban design element and incentive programs for enhanced design. This document should be distributed as a component of the development review process. Policy 2-1.3.4: Expand Pedestrian and Cycling Infrastructure. The City should enhance the existing pedestrian and cycling network through filling gaps in the network and providing new pedestrian and cycling facilities throughout the city. These facilities should provide a continuous pedestrian and cycling network between residential areas, the Community Redevelopment Areas (CRA), and transit connections. The City should construct pedestrian and cycling facilities as a component of any publicly- funded road construction or reconstruction project. As referenced in Policy 2-1.3.3 above, the City should update the Land Development Code to require developers to construct additional on-site multimodal facilities as a component of development. The City should create additional, safe crossings on Harbor Boulevard/Emerald Coast Parkway between the Marler Bridge and the eastern edge of the Town Center CRA, with particular emphasis on strengthening the connection between the Town Center and the Harbor. Additional crossings should be evaluated and designed to provide maximum pedestrian visibility, safety, and convenience, consistent with all applicable standards and guidelines. The City should coordinate with FDOT to ensure adequate signal locations and timing as new crossings are planned along Harbor Boulevard/Emerald Coast Parkway for safe crossing of that facility. The City should amend the LDC within one year of adopting an ordinance to amend the Comprehensive Plan to include bicycle parking requirements designed to increase bicycle accessibility at business and recreational destinations. Policy 2-1.3.5: Expand and Enhance Transit Coverage and Service. The City should continue to coordinate with Okaloosa County and provide financial support through a local match to Okaloosa County Transit to extend service coverage to the north of Harbor Boulevard/Emerald Coast Parkway and expand the existing service on Harbor Boulevard/Emerald Coast Parkway to year-round operation at 20-minute headways for 14 hours of service per day. Map 2-4 indicates the existing and proposed transit service, including a proposed route parallel to Harbor Boulevard/Emerald Coast Parkway to the north and providing additional connections between the parallel route and existing service on Harbor Boulevard/Emerald Coast Parkway. The City should coordinate with Okaloosa County on future updates of the Transit Development Plan to ensure continued enhancement of transit service within the City. The City should amend the LDC to include revised transit development standards within one year of adopting an ordinance to amend the Comprehensive Plan. Each development should contribute towards establishing transit stops at a maximum of 1/4-mile spacing on Harbor Boulevard/Emerald Coast Parkway through dedication of right-of-way or provision of infrastructure; creating an unobstructed, paved path between an existing or planned transit stop and the development; and providing a financial contribution towards the costs of expanding Raga fJL127 Attachment number 2 Page 35 of 35 transit service coverage. The city should also encourage the implementation of private shuttle services as a component of planned development. Policy 2-1.3.6: Promote Water Taxi Service. The City of Destin should amend the LDC within one year of adopting an ordinance to amend the Comprehensive Plan to include requirements to provide space for water taxi docking facilities, multi modal connections to water taxi locations, and developer contributions towards the creation of water taxi service in the City. The objective of the water taxi service should be to reduce vehicle trips on Harbor Boulevard by providing an alternative means of travel for residents and tourists on Holiday Isle that are destined for the north side of the Harbor. In addition, the City should promote expanded water taxi operations that serve potential patrons along Choctawhatchee Bay, Joe's Bayou, Indian Bayou, and other strategic shoreline access points. Policy 2-1.3.7: Develop Interconnected Street Network. The City should implement the recommendations of the Transportation Corridor Management Plan, with the objective of developing an interconnected road network providing an alternative to Harbor Boulevard/Emerald Coast Parkway for local traffic. The alternative corridor should provide a continuous connection from Danny Wuerffel Way in Okaloosa County along Commons Boulevard and through the city to Stahlman Avenue. Additional north-south alternatives east of Main Street should also be considered to further the creation of a grid network. In addition to the area covered by the Corridor Management Plan, the City should continue exploring additional multimodal connections between Two Trees Road and the eastern City limits. Policy 2-1.3.8: Prioritize Community Parking over On-site Parking. The City should complete a study within two years of adopting an ordinance to amend the Comprehensive Plan to investigate changes to the City's parking policies and recommend implementation actions. The study should address the feasibility of establishing parking districts where on-site parking should be discouraged and the construction and use of off-site community parking structures should be encouraged. This portion of the City of Destin's plan is not yet available online. The full text is provided above. Raga fJf:i.7 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Marina five-year business plan for FY 2008 through FY 2012, including increasing slip fees to market rates, charging slip fees by square footage rather than linear foot for recreational slips, charging commercial tenants for slip location in the marina, decreasing the amount of discount on fuel sales, and amending the dock permit to reflect slips revert back to the city if tenant sells vessel. SUMMARY: The Clearwater Municipal Marina is an enterprise fund of the City of Clearwater, as such it is required to operate both efficiently and effectively to generate those revenues needed in excess of expenses to be not only self sustaining but to build reserves sufficient to offset or at least minimize borrowing funds for future development or future replacement. Current projections for Fiscal year 2007 indicate a deficit of ($175,000) with increasing shortfalls in future years without reversing its current trend. Revenues must exceed expenses, and costs must be controlled. The intent of this business plan is to provide a five-year plan for the Municipal Marina in order to improve its financial performance. By City Code Sec. 33.028, the City Manager is authorized to approve vessel slip rent increases up to ten percent (10%) annually, based on surveys ofrates charged by other municipal marinas. Any proposals to raise rates in excess of 10% require approval of City Council. Current 5-year projections without changes to the operations of the Marina, shows steadily declining results of operations and would allow for little improvements to the infrastructure. Losses are projected to range from approximately $300,000 in FY 2008 to nearly $450,000 in FY 2012. By meeting the goals of the proposed business plan, the results of operations will be improved to a loss of $123,000 in FY 2008 to a gain of nearly $500,000 in FY 2012, with increased emphasis on capital improvements. In order to improve the financial status of the Marina operation, the business plan sets forth goals, objectives and strategies to be implemented in FY 2008. To reach these goals, we respectfully request that City Council approve the: I. Incremental increases as submitted to reach average market rate for private residential, non-residential and commercial rates. 2. Direct staff to prepare an amendment to Sec. 33.028 of Code of Ordinances to include market surveys of all local area marinas, not just municipal marinas when comparing rates. 3. Charge slip fees by the square footage for recreational slips, rather than the linear foot. 4. Charge commercial slips for location in the marina. 5. Increase marketing and advertisement toward transient recreational boaters. 6. Maintain control over city slips by amending the dock permit to reflect the slip does not go along with the sale of any vessel and reverts back to the City for the next person on the waiting list. 7. Decrease the amount of discount on fuel sales 1 and 2. Incremental increases to reach average market rate. Residents Rates- This five-year plan includes incremental increases in slip rent for residents at the following percentages. It should be noted that in 2012, the slip rent for private residents will be $14.84 per foot per month that is still below the rate of the downtown boat slips. All Slip rents were increased 10% June 1,2007. Cover Memo FY 2008 - 15% FY 2009 - 25% FY 2010 - 25% FY 2011- 25% FY 2012 - 25% Item # 28 Non-residents rates- The rate for non-residents will increase on a different scale. Using the same scale the non-residents would be paying almost triple the rate of the residents. FY 2008 - 15% FY 2009 - 25% FY 2010 - equal the downtown rate of $15.75 per foot FY 2011 - raised .25 cents to $16.00 per foot FY 2012 - raised .25 cents to $16.25 per foot The rate of commercial rates already incorporate a premium over recreational rates and will increase on a different scale: FY2008 - 15% FY2009 - 25% FY2010 - 25% FY2011 - 10% FY2012 - 10% 3. Charge slip fees by the square footage rather than the linear foot. Boats are being built wider and taking up more space from side to side as well as being built longer. In order to get fair revenue for the space being used, it would be prudent to calculate slip fees for recreational boats by square footage rather than linear foot. 4. Charge commercial slips for location in the marina The preferred location in the Marina are the slips along Coronado Drive and those renting those slips should pay a premium over the lower visibility areas of the Marina. 5. Increase marketing and advertisement toward transient recreational boaters. Increasing the number of transient slip nights has the ability to generate significant additional revenues without impacting our current tenants. 6. Maintain control over city slips by amending the dock permit to reflect the slip does not go along with the sale of any vessel and reverts back to the City for the next person on the waiting list. The current transfer fee policy doesn't generate any revenue to the City because most tenants have been grandfathered out of the policy and the policy itself eliminates most transfer fee payments. In addition, the ability to transfer slips when a boat is sold puts additional value on the assets owned by the tenants. There is very little movement on the waiting list due to the ability to "sell" the occupancy of the slip with the boat. As an alternative to the proposed change, if the existing transfer policy was changed to require the transfer fee in all instances of transfer of ownership, the Marina would be able to generate revenues and the value of the slip would benefit the City, in addition to the owner of the boat. 7. Decrease the amount of discount on fuel sales. Currently the marina offers discounts to all marina commercial tenants, private "recreational" tenants and large volume transients. The discounts are: $.05 off for any boater receiving 500 or more gallons of diesel; $.14 off for any of the private tenants receiving any amount of fuel; $.27 off for any of the commercial tenants receiving any amount of fuel. In FY 2006, a total of 300,431 gallons of gasoline were sold. 67% of total sales received a discount. A total of 692,421 gallons of diesel were sold. 98% of total sales received a discount. A one-penny decrease of the discount on diesel sales will generate $6,924 increase in revenues. A seven-cent decrease will generate $48,469.47 in revenues. Proposed discount for commercial tenants: Rather than raising the profit margin, decreasing the amount of discount would achieve the same end result of increasing revenues from fuel sales. Cover Memo Drop the $.05 discount for 500 or more gallons of diesel to any boater. Provide a $.10 discount for the private tenants of the marina. Provide a $.20 discount for the commercial tenants of the marina. Item # 28 Continue to conduct surveys of other marinas to determine an ultimate price to charge for fuel. In February 2007 a survey of fuel prices was conducted with 27 marinas on the west coast of Florida. The average retail diesel price was $2.45 per gallon. Clearwater was selling diesel for $2.22 per gallon before discounts. There were only three marinas with diesel at a less expensive rate. The average retail gas price was $2.81 per gallon. Clearwater was selling gasoline at $2.59 per gallon before discounts. Again, only three marinas were at a less expensive rate on gasoline. At their meeting of October 10, 2007, the Marine Advisory Board unanimously accepted the Marina Business Plan as submitted, including rate increases as proposed, due to the need to generate adequate revenues for the marina to be competitive and to accumulate sufficient revenues to rebuild the facility. Review Approval: 1) Clerk Cover Memo Item # 28 Attachment number 1 Page 1 of 1 Five Year Projection with 25% and 10% increases reversed REVENUES FY08 FY09 FY 10 FY 11 FY 12 Slip Rentals $891,830 $1,815,891 Transient Slip Rent $244,410 $244,410 Gas & Oil Sales Marina $2,880,116 $3,369,328 All Other $557,500 $610,111 SUBTOTAL $4,573,856 $6,039,740 EXPENDITURES FY08 FY09 FY 10 FY 11 FY 12 Pers Svc $1,003,560 $1,043,702 $1,085,450 $1,128,869 $1,174,023 Other Operating $3,168,540 $3,295,282 $3,427,093 $3,564,177 $3,706,744 Internal Svc $81 ,460 $84,718 $88,107 $91,631 $95,297 Interfund Transfer $228,480 $237,619 $247,124 $257,009 $267,289 CIP $40,000 $80,000 $140,000 $140,000 $140,000 SUBTOTAL $4,522,040 $4,741,322 $4,987,835 $5,181,685 $5,383,353 INCOME/LOSS $51,816 $656,387 before depreciation Depreciation $175,000 $165,000 INCOME/LOSS $491,387 Compare with Executive Summary page 20 table "Five Year Proj ections With Goals Met". 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E :J 0.. en III Attachment number 2 Page 2 of 3 ::0 Q) Qj ~ Q) -0 -0 C III .r:: Q) > III ~ ..>:: u o -0 Q) .2 en C Q) u r- N .8 en ID en en Q) > ro .u Qj E E o u 1ii .w en III .8 c 5: o C, ~ '5 III Q) 1ii en III .r:: C :J o u en o Q) o E .8 o 0) .8 Q) > III .r:: o en c g III 0) o o 0_ f/) x C'"i r- 0() "<t t Q) > c o U LL o 0... oi ""0 C Q) Cl <( Item # 28 Attachment number 2 Page 3 of 3 Attachment number 3 Page 1 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 EXECUTIVE SUMMARY Background The Marine and Aviation Department is divided into five different divisions that are funded by both the general and enterprise fund programs. The two enterprise fund programs are the Clearwater Airpark and the Clearwater Municipal Marina. The general fund programs are: Clearwater Sailing Center, Beach Patrol and Pier 60. In FY 2003, the Sailing Center was transferred to a 501 C(3) not for profit organization under a management agreement with the city and work in partnership with the city. The Clearwater Beach Patrol was moved from the parking fund to the general fund beginning in FY 2007. Each program has a separate business plan under which it operates. The intent of this document is to provide a five-year plan for the municipal marina and project it's financial performance under both status quo operations and projections to improve financial performance. In past Department Business plans, any proposals to raise rates in excess of 10% would be brought forward to the City Council for approval. The Airpark has an approved master plan and is a separate plan to the marina business plan. The Clearwater Municipal Marina is an enterprise fund of the City of Clearwater, as such it is required to operate both efficiently and effectively to generate those revenues needed in excess of expenses to be not only self sustaining provide but to build reserves sufficient to offset or at least minimize borrowing funds for future development, or future replacement. Current projections for Fiscal year 2007 indicate a deficit of with increasing shortfalls in future years without reversing its current trend. Revenues must exceed expenses, costs must be controlled. The municipal marina was established to provide a public service, provide both facilities and access to the Clearwater marine community. Further, the facility takes advantage of city-owned waterfront property and fills an increasing void for marine facilities in the area. With the present dock configuration, the municipal marina has a total of 209 boat slips and can accommodate vessels up to 130 feet in length. The Seminole Street Launch Ramp was constructed in 1967, to serve the boat launching marine community of Clearwater on a seven day a week, twenty-four hour a day basis. Parking permits are necessary between the hours of 6:00 AM and sunset and are sold on site in a cost sharing agreement with the management of the adjacent privately owned Bait House. This facility is currently self-sustaining. Changes in operation of the Seminole Street Launch Ramp Facility will be addressed as dictated by changes in the support received from adjoining properties. Clearwater Municipal Marina Mission Statement "Maintain the Clearwater municipal marina as a revenue-producing department with a dedicated staff that provides high quality service with excellent customer satisfaction to the citizens and customers." Committed to Excellent Customer Service Item #28 Attachment number 3 Page 2 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 The municipal marina is one of the best-equipped and most diverse marinas on the West coast of Florida. It is currently one of the larger marinas in the immediate area. Its most important features are the clean and well-maintained facility, security system and the friendly, highly-trained and professional staff. Marina staff members strive to ensure boaters make the municipal marina their homeport or port away from home. The municipal marina offers the following services for the boaters convenience: fresh water, electricity, free pump-outs, free fishing piers, waste oil disposal, laundry, showers, restrooms, tide and weather information, security, diesel and gasoline fuels, competitive slip rates, wi-fi internet access, and a variety of shops within the marina building and surrounding area. Our strategies for meeting the growth demands at the municipal marina are to provide excellent customer service, provide appropriate slip rental rates and fuel margins that also produce revenues that will sustain a well-maintained facility, research development opportunities to provide additional slips and water access, and to improve services. Visitors of the municipal marina indicate that we provide excellent customer service. Goals The goals of the Business Plan propel the municipal marina into a prominent position within the marine community and are in alignment with the City of Clearwater's elements and priorities. These goals are required to maintain the marina as an enterprise fund within the city. Fiscal year 2007 projections indicate a deficit of approximately $175,000. The marina operations cash will be at a loss of $25,000 and marina operations unrestricted net assets will be at a loss of $220,000 if these goals are not accomplished. To accomplish the goals, objectives and strategies have been developed to guide the direction and focus of the business plan. The goals for the manna are: y Operate the marina efficiently to maximize revenues. y Provide excellent customer service. y Maintain facilities in clean operational condition. y Maintain waterways with appropriate signage. y Conduct assessments to increase water access. There are objectives and strategies to achieve each goal in the Business Plan. Some of the objectives and strategies for the building rent and slip rent were based on previous performance measures conducted during the previous five-year business plan. ATM (Applied Technology Management) conducted a survey of slip rates for the downtown boatslips. The survey demonstrated that Clearwater's rates were on the lower end of the market rates. MANAGEMENT The municipal marina and airpark, beach safety, pier 60, sailing center and launch ramps are under the direct management of the Marine and Aviation Director also known as the Harbormaster. The Director is the property manager for the marina building Committed to Excellent Customer Service ,_ Item #-L.8 Attachment number 3 Page 3 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 leases and land leases assigned to the Marine and Aviation Department. He is assisted by an Assistant Director also known as the Assistant Harbormaster, the airpark operations manager and each division has a supervisor. The marine operations supervisor oversees all of the fuel dock, dock and waterway maintenance. The pier supervisor manages the pier 60 bait/gift shop operations. The beach chief manages beach safety (lifeguards) on Clearwater Beach and the administrative analyst oversees all administrative functions for the entire department as well as slip and building rental management. Each member of the management staff is trained in marine and aviation related activities and services and is capable of dealing with the public and providing excellent customer service. Marine & Aviation Department Organizational Chart William D. Morris Director Deb Lutz Sr. Staff Assistant Beverly A. Buysse Assistant Director Gordon W Wills Airpark Operations Manager Airpark Security Police Aide Clearwater Airpark, Inc Fixed Base Operator "FBO" Administrative Support Administrative Analyst Catherine Yellin Marina Operations Mike R. Willis Marine Operations Supervisor Beach Safety Operations Jce Lain Beach Chi ef Pier 60 Operations Ron Melton Marine Rec Prog Supervisor Sailing Center Operations 501(c)3 Managed Customer Service Accounting Tech Patricia Pride Tradesworker II 4 Full Time Senior Marine Lifeguard Luke Semple Leadman Marine Facility Operators 3 Full Time Staff 2 Part Time Staff .6 Seasonal Marine Facility Operator 3 Full Time .4 Seascnal Custodial Worker 2 Full Time .5 Part-time Security Paice ,Ajde Senior Marine Lifeguard Rebert Saker Leadman Senior Marine Lifeguard 8 Full Time 2 Part Time 4.5 Seasonal Committed to Excellent Customer Service Item #;8 Attachment number 3 Page 4 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 GOALS, OBJECTIVES, & STRA TEGIES GOALS for 2008 - 2012 Goals: 1. Operate marina efficiently to maximize revenues. 2. Provide excellent customer service. 3. Maintain facilities in clean operational condition. 4. Maintain waterways with appropriate signage. 5. Conduct assessments to increase water access. The following objectives and strategies have been developed to support each goal. Performance measures developed during 2002-2007 analyzed various aspects of the marina operations and assisted in determining the objectives and strategies for the next five years. The performance measures included: Analysis of revenue sources Surveys of other marinas Analysis of seasonal usage Analysis of personnel requirements Goal 1 : Operate the marina efficiently to maximize revenues. Objective 1: Increase slip fees to average market rates. Surveys conducted over the past five years determined that Clearwater Municipal Marina is well below the average market rate. The slip fees will be increased across the board (both private and commercial) per year until rates are "at market" as determined by our June 2006 slip feasibility study and a survey conducted by the Association of Marina Industries (AMI) of which we are a member organization, that specifically addressed the costs and benefits of have commercial slips at marinas. Starting in 2008 the slip fee will increase for Clearwater residents in private slips from $5.29 to $6.08 per foot until the rates reach the market average. Based on AMI feedback, commercial operations are charged between $100 to $250 dollars a month above recreational rates to account for the additional wear and tear on the marina and addition liability. The positives of increased foot traffic and fuel sales were noted as a benefit. Strategy 1: Conduct market survey to find average market rate. Market surveys have been conducted to find the average wet slip rate. The survey was conducted with marinas throughout Pinellas County in May 2007. This included both private and municipal marinas. Clearwater Municipal Marina is currently well below the average market rate of $10.09 per foot for private recreational tenants. As is common in the industry commercial tenants pay between $100 to $250 per month more than recreational tenants for the extra wear and tear on the marina and marina facilities. Committed to Excellent Customer Service Item #4.28 Attachment number 3 Page 5 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 The municipal marina is operated as an enterprise fund and does not operate off of the millage rate Clearwater citizens pay. Further the marina is required to pay a "Pilot" fee or Payment in Lieu of Taxes of 5.5% of gross revenues in addition to administrative fees to the City of Clearwater's general fund. The marina should be compared to both private marinas and not just municipal marinas to get a fair market rate and value for each slip. There were 33 marinas surveyed in Pinellas County. The average slip fee for a 40 foot boat was $10.09 per foot per month. Strategy 2: Amend the City of Clearwater Code of Ordinances Currently market surveys of slip rates are suppose to be compared to other municipal marinas as per Section 33.028 of the Code of Ordinances. The marina operates as an enterprise fund and is required to make a profit to be both self- sustaining and provide adequate reserves for future re-development. Market surveys should include all local area marinas not just municipal marinas. The ordinance should be amended to include all marinas. Committed to Excellent Customer Service Item #~8 Clearwater Marine and Aviation Department Business Plan 2008-2012 Attachment number 3 Page 6 of 22 The following chart illustrates the results of a survey of recreational boat slip rates that was taken in June 2007 from marinas in Pinellas County. Marina Wet Slip Rate Survey June 2007 Clearwater Municipal Marina Dunedin Municipal Belleair Beach Marina St. Petersburg Municipal Marina Tarpon Springs City Marina Gulfport Municipal Marina Madeira Beach Marina The Harborage Marina Bayboro The Landings at Tarpon Springs Belle Harbor Marina Anclote Isles Marina Port Tarpon Marina MAR-MARina Anclote Village Marina Marions Marina Homeport Marina Island Harbor Marina Marker 1 Marina Pirates Cove Marina Holiday Inn Harbourside Marina Indian Springs Marina Pasadena Marina Lighthouse Point Marina Bay Pines Marina ABC Marina of Madeira Beach Johns Pass Marina Blind Pass Marina Pass-A-Grille Marina Mariner's Cove Marina Maximo Marina O'Neill's Marina Tierra Verde Marina Tierra Verde Resort & Marina $10.09avg. 0.00 2.00 4.006.00 8.00 10.00 12.00 14.00 16.00 18.00 Committed to Excellent Customer Service Item #6.28 Attachment number 3 Page 7 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 Strategy 3: Incremental increases to reach average market rate. Initiate a five-year program to increase slip fees to reach the average market rates for the area. Based on the current mix of slips the following projection of revenues was established. 2008 2009 2010 2011 2012 Commercial $285,390 $356,738 $445,922 $490,514 $539,565 Private Non-resident $231,880 $289,850 $347,820 $354,776 $361,872 Private Resident $374,560 $468,200 $585,250 $731,563 $914,453 Total $891,830 $1,114,788 $1,378,992 $1,576,853 $1,815,891 Residents Rates - This five-year plan includes incremental increases in slip rent for residents at the following percentages. It should be noted that in 2012, the slip rent for private residents will be $14.84 per foot per month that is still below the rate of the downtown boat slips. All Slip rents were increased 10% June 1, 2007. FY 2008 -15% FY 2009 - 25 % FY 2010 - 25% FY2011 -25% FY 2012 - 25% Non-residents rates- The rate for non-residents will increase on a different scale. Using the same scale the non-residents would be paying almost triple the rate of the residents. FY 2008 -15% FY 2009 - 25% FY 2010 - equal the downtown rate of $15.75 per foot FY 2011 - raised .25 cents to $16.00 per foot FY 2012 - raised .25 cents to $16.25 per foot The rate of commercial rates already incorporate a prem ium over recreational rates and will increase on a different scale: FY2008 - 15% FY2009 - 25% FY2010 - 25% FY2011 - 10% FY2012 - 10% Committed to Excellent Customer Service Item #728 Clearwater Marine and Aviation Department Business Plan 2008-2012 Attachment number 3 Page 8 of 22 Projected Slip Rates for Types of Slips Recreational Private Percentage of Increase Percentage of Increase 4 Passengers 6 Passengers 7 to 19 Passengers 20 to 39 Passengers 40 to 69 Passengers 70 to 89 Passengers 90 to 100 Passengers 101 to 160 Passengers 161 and over Special Purpose - Parasail Yacht repairs - Island Estates Marine Aquarium 2008 R 6.08 PRIVATE TENANTS 2010 R NR 9.50 15.75 2012 R NR 14.84 16.25 2009 R NR 7.60 13.14 2011 R NR 11.88 16.00 NR 10.51 COMMEROAL TENANTS 2008 2009 2010 2011 2012 15% 15% 25% 25% 25% 25% 10% 10% 10% 10% R NR R NR R NR R NR R NR $331.42 $380.15 $414.28 $475.19 $517.84 $593.98 $569.63 $653.38 $626.59 $718.72 $389.91 $448.40 $487.39 $560.50 $609.23 $700.63 $670.16 $770.69 $737.17 $847.76 $448.40 $516.62 $560.50 $645.78 $700.63 $807.22 $770.69 $887.94 $847.76 $976.73 $487.37 $565.36 $609.21 $706.70 $761.52 $883.38 $837.67 $971.71 $921.43 $1,068.88 $633.58 $731.06 $791.98 $913.83 $989.97 $1,142.28 $1,088.97 $1,256.51 $1,197.86 $1,382.16 $771.33 $892.53 $964.16 $1,115.66 $1,205.20 $1,394.58 $1,325.72 $1,534.04 $1,458.30 $1,687.44 $881.52 $1,013.75 $1,101.90 $1,267.19 $1,377.38 $1,583.98 $1,515.11 $1,742.38 $1,666.62 $1,916.62 $969.66 $1,123.94 $1,212.08 $1,404.93 $1,515.09 $1,756.16 $1,666.60 $1,931.77 $1,833.26 $2,124.95 $1,586.74 $1,807.11 $1,983.43 $2,258.89 $2,479.28 $2,823.61 $2,727.21 $3,105.97 $2,999.93 $3,416.57 $908.16 $1,053.47 $1,135.20 $1,316.84 $1,419.00 $1,646.05 $1,560.90 $1,810.65 $1,716.99 $1,991.72 $233.96 $272.94 $292.45 $341.18 $365.56 $426.47 $402.12 $469.12 $442.33 $516.03 $233.96 $272.94 $292.45 $341.18 $365.56 $426.47 $402.12 $469.12 $442.33 $516.03 Objective 2: Charge slip fees by the square footage rather than the linear foot. Boats are being built wider and taking up more space from side to side as well as being built longer. In order to get fair revenue for the space being used, it would be prudent to calculate slip fees by square footage rather than linear foot. Strategy 1: Determine square footage of each slip. Measure each slip to determine square footage. Strategy 2: Determine fair square footage rate. Calculate or convert linear rate into square footage rate to remain equivalent to the going rate. For example, slip M1 is a 15 x 20 foot slip. The current rate is charged by the length of the slip, 20 feet. The current rate for the slip is $5.29 per foot. The monthly rate for the slip is $105.80 without taxes. If the slip was charged an equivalent rate for square footage. The square footage is 300 Committed to Excellent Customer Service Item #8.28 Attachment number 3 Page 9 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 square foot divided by the current rate $105.80. The rate would be $.36 per square foot. This rate would be effective for wider boats/slips. For example: Slip M6 is an 18 x 44 foot slip. Currently the fee is $232.76 for the slip. If the rate were calculated by square foot at $.36 per square foot, the fee would be $285.12, thus accounting for the width of the slip. Objective 3: Charge commercial slips for location in the marina. Commercial locations in the marina are along the seawall to benefit the commercial operation for ease of boarding and visibility. Certain locations in the marina Such as Along Coronado Dr. have more visibility than others from drive by and walk up traffic. These locations should pay a premium for the location. Strategy 1: Conduct a market survey on location. Businesses on Clearwater Beach pay according to the location of the business. Busier or more visible strips have a higher rate than businesses in a less favorable location. Have a consultant provide a market survey. Strategy 2: Determine a fair and equitable fee for location of slip. Once the market survey is completed, determine rates for each commercial slip in the marina. Starting with slips along Coronado that are in the most visible location and proceeding along the seawall in the marina basin. Objective 4: Focus marketing and advertisement toward transient recreational boaters. Clearwater Municipal Marina uses 21 slips exclusively for transient boaters. In FY 2006, transient boaters generated $229,000 in revenues. This was 24% of total slip revenues generated by 10% of the slips. This was accomplished with only a 62% annual occupancy rate. There is a strong growth potential for transient revenues, at 100% occupancy, revenues would have increased by over $100,000. Strategy 1: Conduct surveys of transient boaters Advertising monies should try to hit the transient boating demographic. Conduct surveys with current transient boaters to determ ine how they heard about Clearwater municipal marina. Strategy 2: Revise marketing plan The current marketing plan advertises the whole marina and the various activities and commercial operators that are moored here. The municipal marina has a potential to increase revenues by increasing the occupancy of the transient boaters and should focus advertising in those publications that are used by the transient demographic. Committed to Excellent Customer Service Item #~8 Attachment number 3 Page 10 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 Objective 4: Maintain control over city slips. In the past, when a boat or business is sold the slip turned over to the new boat owner or business owner. The Commercial wait list would not move individuals through it. The price of the business would be inflated due to the location or type of business without the city receiving compensation for the slip location. In order to avoid the waiting list or transfer fees, business owners would change corporate members and member percentages to give a slip to another owner/business, then sell out of the business. Strategy 1: Amend the dock permit. Amend the dock permit to reflect the slip does not go along with the sale and reverts back to the City of Clearwater for the next person on the waiting list. Strategy 2: The sale of a private boat. In the future, when a boat is sold, the slip will be vacated and the next person on the private waiting list will have to opportunity to rent the slip. Strategy 3: The sale of a commercial slip. When a business is sold, the boat and business assets will be vacated from the slip. The next person on the commercial waiting list will have the opportunity to rent the slip. In order to obtain a commercial slip the business must be on the waiting list. Harbormaster reserves the right to maintain a diversified selection of commercial boating activities. Objective 5: Decrease the amount of discount on fuel sales. Currently the marina offers discounts to all marina commercial tenants, private "recreational" tenants and large volume transients. The discounts are: .05 off for any boater receiving 500 or more gallons of diesel; .14 off for any of the private tenants receiving any amount of fuel; .27 off for any of the commercial tenants receiving any amount of fuel. In FY 2006, a total of 300,431 gallons of gasoline were sold. 67% of total sales received a discount, only 33% of all gasoline sales were paid at actual pump price. A total of 692,421 gallons of diesel were sold. 98% of total sales received a discount, only 2% actually paid pump price. A one-penny decrease of the discount on diesel sales would have generated $6,924 increase in revenues in 2006. A seven-cent decrease would have generated $48,469.47 in revenues. Committed to Excellent Customer Service Item ao.z8 Attachment number 3 Page 11 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 Strategy 1: Proposed discount for commercial tenants. Rather than raising the profit margin, decreasing the amount of discount would achieve the same end result of increasing revenues from fuel sales. Drop the .05 discount for 500 or more gallons of diesel to any boater. Provide a .10 discount for the private tenants of the marina. Provide a .20 discount for the commercial tenants of the marina. Continue to conduct surveys of other marinas to determine an acceptable discount. In February 2007 a survey of fuel prices was conducted with 27 marinas on the west coast of Florida. The average retail diesel price was $2.45 per gallon. Clearwater was selling diesel for $2.22 per gallon before discounts. There were only three marinas with diesel at a less expensive rate. The average retail gas price was $2.81 per gallon. Clearwater was selling gasoline at $2.59 per gallon before discounts. Again, only three marinas were at a less expensive rate on gasoline. Committed to Excellent Customer Service Item a 28 Clearwater Marine and Aviation Department Business Plan 2008-2012 Attachment number 3 Page 12 of 22 The following charts illustrate the various fuel prices for both gas and diesel. Tampa YCC Madeira Beach Municipal Panama City Marina Miller's Marine Sea Hag Marina Twin Rivers Port Tarpon Holiday Inn Harborside Gulfport Maxima Harborage Regatta Point Bradenton Moorings Long Boat Key Craw's Nest Sannabel Burnt Store Gasparilla Bay Point Destin City of Ft. Myers Marine Jacks Marco Island Naples St. Pete Municipal Marker 1 Clearwater Municipal Diesel Price Survey February 2007 Average $2.45 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 Committed to Excellent Customer Service Item a~8 Clearwater Marine and Aviation Department Business Plan 2008-2012 Attachment number 3 Page 13 of 22 Tampa YCC Madeira Beach Municipal Panama City Marina Miller's Marine Sea Hag Marina Twin Rivers Port Tarpon Holiday Inn Harborside Bay Pines Gulfport Maxima Harborage Regatta Point Bradenton Moorings Long Boat Key Crow's Nest Sannabel Burnt Store Gasparilla Bay Point Destin The Landings City of Ft. Myers Marine Jacks Marco Island Naples St. Pete Municipal Marker 1 Clearwater Municipal Gas Price Survey February 2007 Average $2.81 "i! 2.61 -l ; .92 -l 2.53 -l 2.53 -l 2.59 -l 2.186 -l 2.65 -l 2.71 -l 2.66 -l 2.71~ -l 3.06 -l 3.02 -l .95 -l 2.49 -l 3.05 -l 2. 1 -l 2.99 -l 3.039 -l 3.04 -l 2. 1~5 -l 3.01 -l 2.71 -l 2.65 -l 2.69 -l 3.2: -l ~ .8~ -l 2 89 -l 2.63 -l 2.59 o 0.5 1.5 2 2.5 3 3.5 Committed to Excellent Customer Service Item a;8 Attachment number 3 Page 14 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 Objective 6: Develop a Marketing Plan The advertising material for the marina is dated and needs to be revitalized and target the correct demographic market. Since the private recreational slips have a waiting list, it would be wise to market to the transient recreational boater. Strategy 1: Target the transient boaters Use customer surveys to assist in developing a marketing plan. Determine the demographics of the transient boater. Develop advertising based on transient boater needs. Strategy 2: Include downtown boat slips in marketing plan. The completion of the downtown boat slips in mid to late FY 2009 will provide another choice for transient boaters, to stay closer to downtown and away from the beach area, or stay at the beach. These slips have not been advertised and need to be added to the marketing plan for the municipal marina. Strategy 3: Streamline the current transient rate structure. The current rate structure provides a daily, weekly, and monthly rate. The daily rate is $2.00 per foot per day. The weekly rate is $7.10 per foot per week and the monthly is $22.21 per foot per month. There are 11 slips allowed to provide a weekly and monthly rate at any given time. The rest of the slips remain at the daily rate. Our average length of stay at the marina is 3 days. Propose to have only a daily rate and a weekly rate and drop the monthly rate. The weekly rate would provide the boater with the equivalent to one night free if they stay for seven nights. Pay for six nights and stay for seven. This would be applicable to all transient slips (not just the current 11). Goal 2: Provide excellent customer service. One of the best marketing strategies is providing excellent customer service. Then the customer will sell the marina for you. Word of mouth in the boating community is an excellent tool to market and advertise the marina. Objective 1: Provide appropriate resources and services to the existing and targeted customer base. Strategy 1: Appropriately staff and train for marina management and operations. Committed to Excellent Customer Service Item a4.z8 Attachment number 3 Page 15 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 Determine the number of personnel required to maintain and operate the marina in an exceptional manner. There are three main functions of this marina: Adm inistration Operations and maintenance Fuel dock Develop correct job descriptions specific to marina management and operations. A large percentage of our administrative and operations and maintenance is dedicated to managing our 3 general fund activities (payroll, cash handling, employee management) for Pier 60, the beach guards and a lesser extent the sailing center. These costs are not recaptured but absorbed by the enterprise fund. Strategy 2: Utilize technology to efficiently administer marina management. The administrative responsibilities of a 209 slip marina with approximately 50 commercial operators can be arduous, therefore, policies, procedures and new computer technology should be used to assist in managing the daily requests, tenant files, and accounting of the marina. The additional 129 boat slips at the downtown location will require a unique program that allows information from the two locations to be easily accessed. New technology has also been instrumental in the maintenance of the docks. A new material, such as trex deck or choice deck, is made out of recycled plastics and is proving to last significantly longer and wear better than wood decking. Fuel dock operations were evaluated and a new fuel vendor selected for a treated fuel that will enhance the operation of diesel engines. In 2006 a new fuel storage system was installed that improved the accountability of fuel stored in the tanks and run through the system. Point of sale software was implemented to improve tracking of sales against meter readings, allowing for a cross check of fuel sold. Objective 2: Improve customer service Customer satisfaction is important. A satisfied customer will provide positive feedback and assist in advertising the marina. Strategy 1: Provide a customer satisfaction survey. The use of a customer survey can assist in evaluating how well your facility and services compare to other marinas your guest has experienced. This survey can be utilized as a benchmark. Changes to services or amenities may be initiated from these surveys. Committed to Excellent Customer Service Item a~8 Attachment number 3 Page 16 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 Strategy 2: Coordinate between office and fuel dock transient guest information. Improve customer service by coordinating information between the fuel dock and main office on transient guest. This will be necessary when the downtown boat slips are built also. Provide customer with a "welcome kit" with city information and contacts, local attractions, restaurants, pools, stores, bus schedules, boat supply stores, and public docks. Strategy 3: Cross train office staff. Office staff is cross-trained on all administrative responsibilities. Customer does not have to wait for one particular person but can be assisted by all administrative staff. Supervisors are cross trained also with an awareness of the other divisions duties and responsibilities. Strategy 4: Track requests for slip adjustments or amenities. It is sometimes necessary to make slip adjustments to accommodate the tenant for new boats or changing commercial operations. To ensure the tenant receives prompt service, tracking the request from time of inception to completion of the adjustment will be done. Goal 3: Maintain facilities in clean operational condition. The municipal marina is a primary attraction on Clearwater Beach and has millions of tourist visiting each year. The cleanliness and safety of the marina are of utmost importance. Objective 1: Provide tenants with facilities and services of the highest quality. Strategy 1: Maintenance. Conduct daily, weekly, and monthly maintenance inspection of the marina facilities: Docks Buildings Electrical utility stations Sewage pump-out systems Fuel dispensing systems Proactively maintain facilities with a preventative maintenance plan. Committed to Excellent Customer Service Item a~8 Attachment number 3 Page 17 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 Strategy 2: Upgrade services and facilities. Research improved methods and procedures for marina equipment and facility maintenance. Maintain appropriate capital improvement funds for major improvements. Objective 2: Provide reasonable security. Provide physical security through onsite patrols and cameras. Strategy 1: Provide a security system that overlooks the entire marina. Remove or relocate trees blocking camera view of marina. Maintain cameras in operable condition. Strategy 2: Provide a secure dock through the installation of a privacy gate leading to the docks. A new gate and fence is being installed. Goal 4: Maintain waterwayS with appropriate siQnaQe. The waterway management plan has been developed and provides guidelines prior to implementing new wake and speed zones throughout Clearwater Harbor. Currently there are 409 waterway signs including buoys that need to be maintained. The marina operations crew conducts periodic inspections of the waterways to ensure signage is on station and the emblems are clear. Objective 1: Funding waterway signage. Strategy 1: Sources of funding for maintenance. Prior to additional signage being installed in Clearwater Harbor, funding sources must be identified to maintain the signage. Objective: 2: Assessment for need. Strategy 1: Analyze situation and waterway areas for changes Determine if the current situation poses a threat to safety. If a threat exists then proceed to determine the corrective measures necessary. Goal 5: Conduct assessments to increase water access. Water access is diminishing throughout the state, however, Clearwater is taking a proactive stance by adding 129 boat slips to the downtown area and additional side-tie moorings for transient boaters and conducting feasibility studies for additional boating storage facilities. Committed to Excellent Customer Service Item a 728 Attachment number 3 Page 18 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 Objective 1: Determine locations for additional water access Strategy 1: Conduct feasibility studies Conduct feasibility studies for alternative storage methods such as dry storage. Objective 2: Improve and enhance current water access facilities Strategy 1: Funding for improvements to facilities Identify who is responsible for maintaining various launch ramps, seawalls, and public docks. Fund capital improvements. Goal 6: Provide marine related recreational opportunities. This department also oversees three general fund activities that provide marine/aquatic related recreational opportunities. The Beach Safety program provides safety of Clearwater Beach that is host to millions of touring beach goers each year. Pier 60 provides a fixed pier to fish from year round and is host to the Make-A-Difference Fishing Tournament and several other fishing tournaments. The Clearwater Sailing Association provides sailing, canoeing and kayaking opportunities to all. Its Summer Sailing Camp routinely trains over 600 youth many new to sailing in it's summer camp programs. Addition activities undertaken by the sailing center in non peak times include teambuilding seminars for corporate clients as a way to best utilize the facility during the week in the off season months. Committed to Excellent Customer Service Item as.z8 Attachment number 3 Page 19 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 FINANCIAL PROJECTIONS The projected 5-year program statement projects revenues and expenditures for each of the five years of the Marina Operations Program. These projections are based on past experiences and the goals and objectives outlined in this business plan. The financial projections will illustrate the difference between how we currently are conducting business and what the impact will be if the goals are achieved. Revenues saved each year are deposited into the unappropriated retained earnings of the Marine & Aviation Department. Implementation of Business Plan Objectives Projected Revenues: The foundation of the financial projections for the next five years are the implementation of the goals, objectives and strategies implemented in FY 2008. The table below illustrates the projections. The first column illustrates revenues based on the standard 5% bi-annual increase. The second column is based on Goal 1: Operate the marina efficiently to maximize revenues, Objective 1: Increase slip fees to average market rates; The third column is based on Objective 2: Charge slip fees by the square footage rather than the linear foot; and the fourth column is based on Objective 5: Decrease the amount of discount on all fuel sales by 7 cents per gallon. FY08 Revenues Projection with goals met 5% applied Obj # 1, 15% Obj #2, sq ft Obj #5 fuel every other increase $5,139 difference decrease in year per year discount. Slip Rentals $772,890 $888,820 $891,830 $891,830 Transient Slip Rent $244,410 $244,410 $244,410 $244,410 Gas & Oil Sales Mar 2,833,000 2,833,000 2,833,000 2,880116 All other revenues 557,500 557,500 557,500 557,500 SUBTOTAL 4,407,800 4,523,730 4,526,740 4,573,856 2008 2009 2010 2011 2012 Commercial $285,390 $356,738 $445,922 $490,514 $539,565 Private Non-resident $231,880 $289,850 $347,820 $354,776 $361,872 Private Resident $374,560 $468,200 $585,250 $731,563 $914,453 Total $891,830 $1,114,788 $1,378,992 $1,576,853 $1,815,891 Slip Revenue Projection with goals met 2008 2009 2010 2011 2012 Commercial $247,325 $247,325 $259,691 $259,691 $272,676 Private Non-resident $200,951 $200,951 $210,999 $210,999 $221,549 Private Resident $324,614 $324,614 $340,845 $340,845 $357,887 Total $772,890 $772,890 $811,535 $811,535 $852,112 Slip Revenues with 5% increase bi-annually (status quo) Committed to Excellent Customer Service Item a~8 Attachment number 3 Page 20 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 After the first year of the business plan the slip rent revenues for the marina will be increased 25%. A market rate for slip location within the marina is proposed but, has not been determined at this time. Other CIP increases have been applied at 2% to building and land rentals. The following projections assume all objectives have been approved. Five Year Projection with goals met REVENUES FY08 FY09 FY 10 FY 11 FY 12 Slip Rentals $891,830 $1,114,788 $1,378,992 $1,576,853 $1,815,891 Transient Slip Rent $244,410 $244,410 $244,410 $244,410 $244,410 Gas & Oil Sales Marina $2,880,116 $2,995,321 $3,115,133 $3,239,739 $3,369,328 All Other $557,500 $570,057 $583,002 $596,349 $610,111 SUBTOTAL $4,573,856 $4,924,576 $5,321,537 $5,657,351 $6,039,740 EXPENDITURES FY08 FY09 FY 10 FY 11 FY 12 Pers Svc $1,003,560 $1,043,702 $1,085,450 $1,128,869 $1,174,023 Other Operating $3,168,540 $3,295,282 $3,427,093 $3,564,177 $3,706,744 Internal Svc $81 ,460 $84,718 $88,107 $91,631 $95,297 Interfund Transfer $228,480 $237,619 $247,124 $257,009 $267,289 CIP $40,000 $80,000 $140,000 $140,000 $140,000 SUBTOTAL $4,522,040 $4,741,322 $4,987,835 $5,181,685 $5,383,353 INCOME/LOSS before $51,816 $183,254 $333,702 $475,666 $656,387 depreciation Depreciation $175,000 $170,000 $165,000 $165,000 $165,000 INCOME/LOSS 1'1'11, 11.111'111, II 1::1 ,'II} $13,254 $168,702 $310,666 $491,387 Five Year Projection with no changes (status quo) REVENUES FY08 FY09 FY 10 FY 11 FY 12 Slip Rentals $772,890 $772,890 $811,535 $811,535 $855,112 Transient Slip Rent $244,410 $244,410 $244,410 $244,410 $244,410 Gas & Oil Sales Marina $2,833,000 $2,946,320 $3,064,173 $3,186,740 $3,314,209 All Other $557,500 $570,057 $583,002 $596,349 $610,111 SUBTOTAL $4,407,800 $4,533,677 $4,703,119 $4,839,034 $5,020,842 EXPENDITURES FY08 FY09 FY10 FY11 FY12 Pers Svc $1,003,560 $1,043,702 $1,085,450 $1,128,869 $1,174,023 Other Operating $3,168,540 $3,295,282 $3,427,093 $3,564,177 $3,706,744 Internal Svc $81 ,460 $84,718 $88,107 $91,631 $95,297 Interfund Transfer $228,480 $237,619 $247,124 $257,009 $267,289 CIP $40,000 $41,600 $43,264 $44,995 $46,794 SUBTOTAL $4,522,040 $4,702,922 $4,891,038 $5,086,680 $5,290,147 INCOME/LOSS before 11'111 1/1.,"4(1) "'11:111' ",,1:1) "11,'11 '''7' "",'1 "'" 11'111'4'.,(1411 $1>111''''')':1) depreciation Depreciation $175,000 $170,000 $165,000 $165,000 $165,000 INCOME/LOSS 111'111 11'::::'11 ,II"'II:III} 11'111111111'11, .11:',,11:111 111111111'111111','1111'11:11 11''111''1111.11:',111'''11:1111 11'111,1111,'11,1111111:111 Committed to Excellent Customer Service Item ~o.z8 Attachment number 3 Page 21 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 Assumptions: 1. Slip rent tied to the business plan objectives and will increase by a specific percentage. 2. Building rent and land rent increases are set at 2% for future CPI increases. 3. Marina fuel sales will increase by 4% annually. 4. Service charge from parking is set at 4% as this is salary related. 5. Electric will increase 4% annually. 6. Dock Office rentals will increase 2% annually. 7. Dumpster fee will increase 4% annually. 8. All others are set and will not increase at this time. 9. Downtown boatslips are marketed but projected revenues are not in these figures. Expenditure Assumptions: 1. Discretionary spending has been reduced to minimum ($100K). 2. CIP's have been cut to minimum for repair and replacement. 3. No major projects in near future. 4. Vacancies left open. PROJECTIONS FOR GROWTH The development of the downtown boat-slips provides a strong potential for growth for the municipal marina. This will add 129 boat slips of various sizes along with over 1,000 feet of linear dock space for transient boaters. The dry storage feasibility study conducted in FY 2007 determined the potential for a dry storage facility in Clearwater, however cost concerns have deferred further action without a market study or private party proposal to support future development. Conducting a study for market location value within the marina will provide information on how the slips should be priced according to their location and visibility. Development of a marketing plan that will focus in on the transient boaters will assist in targeting the demographic most likely to visit the marina for a short stay. Providing reservations for transient boaters is another area that may bring more boat clubs willing to stay if there is a guarantee for a slip. Long-range projections of redeveloping the marina building and land also provide potential growth opportunities. Committed to Excellent Customer Service Item ~28 Attachment number 3 Page 22 of 22 Clearwater Marine and Aviation Department Business Plan 2008-2012 Capital Improvement Program The objectives of the Capital Improvement Projects from FY 08/09 TO FY 12/13 are to plan ahead and better manage the growth and expenditures of the municipal marina. In the past five years the marina completed some major projects that will not to be funded in the next five years. These projects included: dredging the marina basin, replacement of the fuel storage tanks and piping, and complete replacement of decking with "trexs deck" and or "choice deck" artificial lumber. The CIPs will continue to be funded to maintain the municipal marina. Total CIP amounts for the five years of the Business Plan are outlined in detail in the City of Clearwater Annual Operating and Capital Improvement Budget Book. CONCLUSION The municipal marina enjoys a track record of excellent customer service in the marine community and is strongly committed to the City of Clearwater's elements and priorities. The intent of the Marina Business Plan is to provide goals that will assist in making the marina financially feasible by providing reasonable market rates that are consistent with other marinas in Pinellas County. Committed to Excellent Customer Service Item ~~8 Attachment number 4 Page 1 of 7 Clearwater Commercial Marine Association Draft Response to the Marine & Aviation Department Five-Year Business Plan August 2007 Abstract Clearwater Commercial Marine Association (CCMA) is a non-profit association formed August 2007 to provide members a unified voice and a platform for discussion of marina business with the Clearwater Maine and Aviation Director and the Clearwater City Council. In addition, the CCMA can work directly with the City of Clearwater and others to help members grow their businesses and develop future strategies for improving the marina complex. The CCMA has reviewed the Clearwater Marine & Aviation Department draft five-year business plan and agrees with the basic goals set forth on page 2. Notwithstanding, we disagree with certain strategies and methods proposed to meet these goals. This draft response will address four of the objectives set forth in the Marine & Aviation Department business plan: Objective 1: Increase slip fees to average market rates. Objective 2: Charge slip fees by the square footage rather than the linear foot. Objective 5: Maintain control over city slips. Objective 6: Decrease the amount of discount on fuel sales. Response to Objectives Objective 1: Increase slip fees to average market rates. After reviewing the Marina Wet Slip Rate Survey June 2007, it is apparent that the commercial operators in the Clearwater Municipal Marina are paying a competitive rate compared with other municipal marinas within Pinellas County. Unfortunately, this survey compares municipal marinas with private marinas. Private marinas offer many services and courtesies that are not found at municipal marinas. For example, the survey compares Clearwater Municipal Marina with Homeport Marina. The Homeport slip rate, according to the survey, is approximately $13 per foot. The 1 Item # 28 Attachment number 4 Page 2 of 7 comparison is not justifiable as Homeport Marina offers covered slips, free parking, a full service ships store, free electric and gated security. The wet slip rate survey also compares the Clearwater Municipal Marina with Mariner's Cove Marina, the highest slip rate on the survey. Again, the comparison is not justifiable as Mariner's Cove Marina is a high and dry marina that does not offer wet slips (see Attachment 1). It is interesting that in order to legitimize the wet slip rate survey, the Marine & Aviation Director has proposed amending Section 33.028 of the Code of Ordinances. The five-year business plan strategy to achieve average market rates is unfounded. In addition, the CCMA encourages the Marine & Aviation Director to abandon any further commercial rate increases (other than periodic cost-of-living adjustments) until such time as the business environment of Clearwater Beach and other city-owned properties improve keeping in mind that in the past few years Clearwater Beach has lost approximately 1500 hotel room (See attachment 2). These improvements include, but are not limited to: 1. Develop and maintain adequate parking facilities on Clearwater Beach. 2. Encourage motel and hotel development for Clearwater Beach. 3. Find ways to help CCMA members advertise their business. It is noteworthy to add that the Marina Advisory Board minutes of 09 May 2007 indicated a concern that the 10% June 2007 increase in slip rates would burden commercial operators due to the struggling business environment on Clearwater Beach. Objective 2. Charge slip fees by the square footage rather than the linear foot for recreational slips. In order to substantiate the argument for square footage rates rather than linear foot, a survey of slips in the marina should be performed. This survey should identify which slips have recently been widened to accommodate the referenced wider boats being built and moored in the Clearwater Municipal Marina. In addition, we would ask the Marine & Aviation Director to define how using square footage rates would result in fair revenue, since marinas selected for the wet slip rate survey all charge by the linear foot. Any changes to the determination of slip rates should be accompanied with a fair and accurate accounting of why the change is needed. 2 Item # 28 Attachment number 4 Page 3 of 7 Objective 5. Maintain Control over city slips. The CCMA agrees that after the sale of a private boat, the boat should vacate the marina and the next person on the private waiting list will have the opportunity to rent that slip. If this proposed strategy is used to maintain control over commercial slips as well, the businesses invested in and located there are rendered valueless. The Marine & Aviation Director is ignoring the hard work and equity in those businesses and is simply relegating these transactions to nothing more than private asset sales. It would be interesting to know if anyone currently on the commercial waiting list would start, build and maintain a business under this kind of restriction. We know of no business currently operating in the marina that would reinvest and upgrade under this inequitable scheme. The CCMA would like to know if this strategy would be applied to other businesses operating on city owned property. The CCMA is opposed to the City of Clearwater subverting market competition for our businesses. This strategy could set a precedent that would discourage anyone from building a business in Clearwater, Florida. The CCMA is unyielding in our objection to the strategy for maintaining control over commercial slips in the Clearwater Municipal Marina. In addition, the CCMA would advise the Marine & Aviation Director that those currently on the commercial waiting list interested in charter or head boat operations will need a federal reef and pelagic perm it. Without these necessary perm its, those on the commercial waiting list will not be able to operate a successful business as they will be restricted to state waters only. As a reminder, these federal permits are currently under the first year of a second 1 O-year moratorium. Objective 6. Decrease the amount of discount on fuel sales. The CCMA agrees that the fuel discount for transient boats should be dropped. These boats are a captive audience and neither ask for or expect a discount. Dropping this discount will immediately increase revenues for the Clearwater Municipal Marina. The CCMA is unconcerned with the amount that private tenants of the marina pay for fuel. Our commercial operators are concerned with the amount they pay for fuel. Fuel is one of our highest operating expenses, of which only a small amount can be passed on to our customers. Prices for services provided by Clearwater Commercial Marine Association are at or near what our market can afford or are willing to pay. Any increase in fuel costs will negatively impact CCMA businesses. We encourage the Marine & Aviation Director to maintain the current 27 -cent a gallon discount for diesel fuel bought by CCMA. 3 Item # 28 Attachment number 4 Page 4 of 7 Summary The Marine & Aviation Director has failed to identify any increase in efficiency by simply raising rates on commercial customers. In addition, there is no guarantee this will result in cost-effective management. It is regrettable that the five-year business plan offers no clearly stated cost cutting measures other than a partial freeze on capital improvement projects. The Clearwater Commercial Marine Association has a long-standing vested interest in the economic success of the Clearwater Municipal Marina & Beach. The CCMA is the reason tourists and local visitors come to the marina complex. Our commercial operators provide services for these visitors who in turn patronize other vendors and businesses on Clearwater Beach. All Clearwater Beach businesses are interconnected. We need the support of local government, not the heavy hand of local government. As mention, the CCMA agrees with the goals set forth in the five-year business plan and will join in committee with the Marine & Aviation Director and the Marina Advisory Board to develop methods to achieve these goals. We look forward to discussing these important issues and how together, we can improve the Clearwater Municipal Marina Complex. With this in mind, the CCMA has compiled a list of issues and questions we would like addressed (see page 5). 1. If the City marina is currently operating at a deficit why was Quality Boats given a rate reduction in January of 2006? 4 Item # 28 Attachment number 4 Page 5 of 7 2. Why was the 10% June 2007 rate increase used to help secure a grant for the airpark? Are the airpark rates being increased comparable to the marina rates? 3. Why is a five year Marine and Aviation plan proposed only to have the Marine and Aviation Director and City Manager approve more increases without council approval? Can this ordinance be changed? 4. Add an advertising budget for the commercial fleet equal to that earmarked to attract transient boaters. 5. Why does the Marine and aviation Director not have a plan to increase revenues from the transient boaters? 6. The wet slip survey shows a county average of $10.09 per foot; CCMA tenants are paying that or more currently. 5 Item # 28 Attachment number 4 Page 6 of 7 7. If the 5 year business plan is approved as written some tenants will pay as much as $25.00 per foot. 8. The CCMA would like a Determination of how the Marine and Aviation Director proposes to gauge our slip rent, i.e. linear foot, square foot or passenger capacity. 9. In his proposal, the Marine and Aviation Director projects fuel sales increasing; while in a recent meeting with the fuel supplier he stated fuel sales have declined the last few years, which is a direct indication of business for the fleet. 10. The 5 year business plans system of accounting shows the marina losing money yet fails to show parking permits purchased by commercial tenants and their passengers generated $166K for the general fund. This accounting also fails to show that the marina is subsidizing projects at the airpark and that the marina's administrative and maintenance staff dedicates quite a bit of time managing and maintaining general fund activities as well as the airpark, yet cannot recapture these funds. 6 Item # 28 Attachment number 4 Page 7 of 7 11 . CCMA is fine with the current transfer fee if the business is sold and the nature of the business is changed. 7 Item # 28 '0 .E >- ..0 .... 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"" -g E o [2 o "- j Jl: Item # 28 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Update on Beach Recreation Center Storage Buidling design blocking views SUMMARY: Meeting Date: 10/17/2007 Review Approval: 1) Clerk Cover Memo Item # 29 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Provide Direction on Charter Review Revisions SUMMARY: Meeting Date: 10/17/2007 Review Approval: 1) Clerk Cover Memo Item # 30 SUBJECT / RECOMMENDATION: Grant Process SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date: 10/17/2007 Review Approval: 1) Clerk Cover Memo Item # 31 Meeting Date: 10/17/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve revisions to council rules and adopt resolution 07-32 SUMMARY: The revisions to the rules have been drafted based on direction provided at the October I, 2007 , Work Session. If no further changes are needed a Resolution to adopt the rules will be on the October 17, 2007 Council agenda. Review Approval: 1) Clerk Cover Memo Item # 32 Attachment number 1 Page 1 of 5 RESOLUTION NO. 07-32 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING COUNCIL RULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to amend the Council Rules; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Council Rules are hereby amended as follows: RU LE 1 SCHEDULING COUNCIL MEETINGS/WORK SESSION AGENDAS (1) The City Council shall meet on the first and third Thursdays of each month at 6:00 p.m. in its chamber. However, in July, the City Council shall hold one regular night meeting on the third Thursday of the month. There will be no regular meeting on the third Thursday of December or the first Thursday of January. The Council will make this determination at the time the annual meeting calendar is being compiled. The day of the meetinQ may be chanQed by maiority vote of the Council. (2) Except as may be rescheduled from time to time when necessary due to conflict, a work session shall be held at 1 :30 p.m. on the first working day of the Council meeting week. Work sessions are primarily designed for information gathering and guidance, and no formal Council decision approving or disapproving an agenda item or items scheduled for public hearing may be made. No public input will be accepted at work sessions except by consensus of Council. Only items on the work session agenda will be discussed. Items not on the agenda may be brought up by the Councilor staff during the work session asking they be scheduled for subsequent meetings or work sessions. ***** RULE 4 DUTIES AND RESPONSIBILITIES OF "CHAIR" The Mayor shall be the presiding officer of the City Council, and shall be referred to as the "Chair" when sitting in that capacity. In case of the absence of the Mayor, the Vice- Mayor shall assume those responsibilities, and if both are absent, the senior Council member in years of service shall preside. The Chair shall preserve order. The Chair may call to order any member of the Council who shall violate any of the rules; and shall decide all questions of order, subject to a majority vote on a motion to appeal. The Chair shall recognize all members who seek the floor under correct procedure as provided in Rule 8. The Chair shall not make or second a motion. ***** RU LE 6 ORDER OF BUSINESS Resolution Ntt.em'-#232 Attachment number 1 Page 2 of 5 (1) The order of business for a regular meeting shall ordinarily be: A. Invocation B. Pledge C. Special recognitions and awards D. Minutes of previous meetings. E. Citizens to be heard regarding items not on agenda. Each speaker will be asked to give their name and address and to limit their comments to a maximum of three minutes. F. Public hearings (not before 6:00 p.m.) Legislative and administrative matters: 1. Presentation of issues by City staff. 2. Statement of case by applicant or representative (5 minutes). 3. Council questions. 4. Comments in support and comments in opposition. See subsection (3) below regarding time limitations for speakers. 5. Council questions. 6. Final rebuttal by applicant or representative (5 minutes). 7. Council motion to determine disposition. Quasi-judicial Hearings (those giving testimony will be sworn-in): 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation (2 minutes). 2. Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes). 3. Staff presents further evidence. May be cross-examined (10 minutes). 4. Public comment. See subsection (3) below regarding time limitations for speakers. 5. City Council discussion, and may question any witness. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. All time limits may be extended upon request, and upon approval of request by majority of City Council. G. Special items of widespread public interest. MG. City Manager reports. ~H. City Attorney reports. J!. Council Discussion Items. K,4. Other Council action. 2 Resolution Ntt.em'-#232 Attachment number 1 Page 3 of 5 (2) Agenda items, other than public hearings, will be presented by staff followed by questions by the Council, public input, discussion by the Council, a motion and second, then debate on the motion. (3) Public comments in support or opposition of items before the Council shall be limited to a total of 30 minutes. Unless otherwise specifiedJ. persons speaking before the City Council shall be limited to three minutes per speaker. Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waves their right to speak, up to a maximum of ten minutes. A form will be provided to document the request for additional time and those agreeing to waive their right to speak. No person shall speak more than once on the same subject at the same meeting unless granted permission by the City Council. When time limits are set for speakers, unused time cannot be passed from one speaker to another. Extensions of time limits can be given if approved by a majority of the Council the Chair. RULE 7 AGENDA/EXPENDITURE OF FUNDSI WAIVER OR CHANGE OF RULES (A) The City Manager, City Attorney, or any member may agenda an item. Any citizen may request a member to agenda an item, even though staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda but the Council may do so by a majority vote or by consensus in response to a suggestion from the Chair. Continuance may be granted by a majority vote of the Council upon the motion of any Council mmber member. The public will be allowed to speak on an item to be continued if that item is an advertised public hearing, but no other action shall be taken. ***** RULE 8 DISCUSSION OF AGENDA ITEMS. DEBATE OF MOTIONSJ. tTIE VOTES Council may discuss an aqenda item prior to a motion beinq made. Such discussion may be interactive between the Council members and may be ended at any time by a motion on the item. Otherwise any AAy member of the Council making a motion shall address the Chair and await recognition before speaking. The Chair must recognize any person who seeks the floor while entitled to it. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. The Chair must recoqnize any person who seeks the floor while entitled to it. When a motion is made and seconded, it shall be stated by the Chair, if necessary, before any debate shall be in order. All questions shall be stated and put by the Chair, and the Chair shall declare all votes. 3 Resolution Ntt.em'-#232 Attachment number 1 Page 4 of 5 For a member to discuss a matter while no motion is pending requires permission from the Council. Motions and any amendments can be withdrawn or modified by the maker at any time prior to the Chair stating the question on the motion; after that time, the permission of the Council majority must be obtained. The Chair cannot close debate as long as any member who has not exhausted his right to debate desires the floor, unless a vote on the previous question is called. A tie vote shall constitute a continuance of the item to the next regularly scheduled meeting, but upon a tie vote on the same item at the next meeting, the item shall not be rescheduled except upon the request of the City Manager, the City Attorney, or a Council member. RULE 9 NON-DEBATABLE MOTIONS The following motions are not debatable: To adjourn; To lay on the table; To take from the table~ Call the previous question. ***** RULE 12 BREAKS/RECESSES The Council shall, at the direction of the Chair, take a break approximately every two hours, as needed and may recess for meals, if the members of the City Council agree by their vote. Any Council member may make a motion for a recess for an appropriate reason. RULE 13 COUNCIL MINUTES Copies of the minutes of regular meetings shall be furnished, when possible, at least seven days prior to the next meeting. Such minutes shall stand confirmed at the regular meeting of the Council without the reading thereof in open meeting unless some inaccuracy or error be pointed out by some member of the Council present, and in such event, an appropriate correction shall be made. Upon request, the City Manager will cause the City Clerk to provide any Council member with transcribed excerpts of tapes of City Council meetings. ***** RU LE 15 4 Resolution Ntt.em'-#232 Attachment number 1 Page 5 of 5 RULES OF DECORUM At all times, the Council, staff and public shall conduct themselves in a respectful and civil manner. The Chair shall rule out of order any person who, in the Chair's determination, is making obscene, profane, impertinent, irrelevant, immaterial, inflammatory statements or inciting violence or fighting. The determination of the Chair or a majority of the Council shall be final on such matters. No member of the audience shall, during a Council Meeting, make or cause to be made any audible or disruptive sound or noise. Signs or graphic displays of any kind shall not be displayed in Council chambers, except in connection with a presentation made to the Council by a speaker at the podium. All persons shall at all times conduct themselves in accordance with these rules and failing such shall be removed from the Council Chambers. In the event of such removal such person shall not thereafter be readm itted to the Council Chambers during the same meeting. The Chair may recess the meeting meeting may be recessed, if deemed necessary, in order to restore order. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2007. Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 5 Resolution Ntt.em'-#232 SUBJECT / RECOMMENDATION: City Attorney Evaluation SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date: 10/17/2007 Review Approval: 1) Clerk Cover Memo Item # 33 SUBJECT / RECOMMENDATION: City Manager Evaluation SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date: 10/17/2007 Review Approval: 1) Clerk Cover Memo Item # 34