MINUTES CITY OF INDIAN ROCKS BEACH REGULAR CITY COMMISSION MEETING

MINUTES CITY OF INDIAN ROCKS BEACH REGULAR CITY COMMISSION MEETING The Indian Rocks Beach Regular City Commission Meeting was held on Tuesday, August 23, 2011, in the City Commission Chambers, 1507 Bay Palm Boulevard, Indian Rocks Beach, Florida. Mayor-Commissioner Johnson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance and a moment of silence. PRESENT: ABSENT: Mayor-Commissioner R.B. Johnson Commissioner Terry Hamilton-Wollin Commissioner Joanne Cookie Kennedy Commissioner Daniel J. Torres City Attorney Maura J. Kiefer City Manager Charles S. Coward City Clerk Deanne B. O Reilly Public Services Director Dean A. Scharmen Planning and Zoning Director Danny E. Taylor (Left @ 8:00 p.m.) Vice Mayor-Commissioner Phil J. Hanna 1. REPORTS OF the Pinellas County Sheriff s Office. Corporal L. R. Willett reviewed the July 2011 Crime Analysis Report. 2. PUBLIC COMMENTS. None. 3. ORGANIZATIONAL REMARKS. Jim Rudolph, Veterans Funeral Care, Clearwater, Florida, presented the City Commission with an antique, 48-star flag, which was made some time after February 14, 1912 and before January 3, 1959. It flew during the Mexican/American War, World War I, World War II and the Korean Wars. Mr. Rudolph presented the flag to the City for the City s demonstrated love of the Nation s Flag by hosting an Annual Flag Retirement Ceremony on Flag Day. 4A. REPORTS OF the City Attorney: No report. 4B. REPORTS OF the City Manager: Page 1 of 17

City Manager Coward reported on the following items: Presented the July Financial Report. Stated staff is developing an informational packet for new residents. Stated the City closed on the Schmidt property, 442 Gulf Boulevard, on August 17, 2011. Provided a status report on the modifications to scope of work from fixed to floating docks for the Florida Boating Improvement Program Grant/Keegan Clair Boat Dock Project. Stated staff is in the process of reorganizing the Comprehensive Plan to remove the duplicate goals, objectives, and policies that are included in the Data and Analysis section of the plan and reformat portions of the plan to be consistent throughout the document. Stated staff is in the process of updating the Capital Improvement Element, population, and level of service of the Comprehensive Plan. 4C. REPORTS OF City Commission: COMMISSIONER KENNEDY: Provided an update on the Florida League of Cities Conference and provided information from the various presentations at the conference. Advised that on September 21, 2011, she will be sworn in as the beach representative for the Pinellas Planning Council. She noted that one of their first initiatives will be talking about communities and their uniqueness and the things that will make each City in the County more pedestrian-friendly and encouraging the use of Pinellas Suncoast Transit Authority (PSTA). COMMISSIONER HAMILTON-WOLLIN: Provided an update on the Florida League of Cities Conference. She noted that is where she made contact with the representative from the Florida Fish and Wildlife Conservation Commission that was fortuitous and proved to work to the City s benefit. She commented that the conference was very informative and she will be sharing what they learned. Advised that 349 Indian Rocks Beach residents have changed their library cards to the Pinellas County Library System. MAYOR JOHNSON: Announced the rescheduled dates of the September Regular City Commission Meetings due to the conflict with Pinellas County Commission Budget Public Hearing Meetings: Thursday, September 8, 2011 at 7:00 p.m. Thursday, September 22, 2011 at 7:00 p.m. Page 2 of 17

Referred to a letter regarding the Tampa Bay Veterans Memorial, and inquired if the City Commission has any interest in giving direction to City Manager Coward to further research the request. Announced an etown Hall Meeting on August 25, 2011, 7:00 to 8:00 p.m., to discuss the millage rate and TRIM Notices from Pinellas County. He will be one of five panelists representing the PSTA. Discussed his participation in an etown Hall Meeting through PSTA at which the topic was the Pinellas Alternatives Analysis. He commented regarding his experience riding the bus and noted the convenience would be increased for riders if the buses ran more frequently, later and more on the weekends; however, that will take a different funding source and more revenue to pay for the increased services. 5. ADDITIONS/DELETIONS. None. 6A. APPROVAL OF the July 26, 2011 Regular City Commission Meeting Minutes. City Attorney Kiefer read the Consent Agenda, consisting of Agenda Item No. 6A. MOTION MADE BY COMMISSIONER HAMILTON-WOLLIN, SECONDED BY COMMISSIONER KENNEDY, TO APPROVE THE CONSENT AGENDA, CONSISTING AGENDA ITEM NO. 6A. UNANIMOUS APPROVAL BY ACCLAMATION. 7A. RESOLUTION NO. 2011-55/BOA CASE NO. 2011-04 QUASI JUDICIAL PUBLIC HEARING. Providing for a variance to Code Section 110-153, Schedule of setback requirements, height limitations, floor area ratios and impervious surface ratios; seeking an increase from two to three habitable stories to allow for the construction a single-family home located in the commercial tourist zoning district for property located at 1610 Beach Trail. [Official Publication Date: August 10, 2011.] SUBJECT: Resolution No. 2011-55/BOA Case No 2011-04 is a variance request from Code Section 110-153, Schedule of setback requirements, height limitations, floor area ratios and impervious surface ratios, for the property located at 1610 Beach Trail, seeking an increase from two to three habitable stories to allow for the construction a single-family home located in the commercial tourist zoning district. OWNER: REPRESENTATIVE: LOCATION: ZONING: Dr. Mahesh Amin Eric Meyer 1610 Beach Trail Commercial Tourist (CT) Page 3 of 17

Surrounding Uses and Zoning: Direction Existing Use Zoning Category North Residential CT East Residential CT South Residential CT West Beach N/A BACKGROUND: Eric Meyer, Dynamic Property Services, Inc., represents Dr. Mahesh Amin in seeking a variance in order to construct a single-family residence at 1610 Beach Trail. The property is zoned commercial tourist (CT). In the CT zoning district, hotels, motels, motor lodges, and multi-family dwelling units are allowed three habitable stories and a uniform height of 46 feet. Duplexes and single-family homes are allowed two habitable stories and a maximum height of 35 feet. The structure being proposed is a single family home with a maximum zoning height of 32 feet, 8 inches and three habitable stories, the third story being a loft area. The lot at 1610 Beach Trail measures 10,717 square feet. The total square footage of the building with all floors, porches and decks measures 5,262 square feet. The footprint of the structure on the ground is 3,094 square feet. The variance request has to do with the number of habitable stories, not the height of the proposed structure. The applicant seeks to use the third floor attic space as a bedroom. In designing the structure, Architect Dwight Holmes has kept the height to 32 feet, 7e inches. Sec. 2-151. Variances. (a) Generally; criteria for granting variances. (1) The Board of Adjustments and Appeals shall recommend the authorization upon appeal, after public notice has been given and a public hearing held, of such variance from the terms of subpart B as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of subpart B will result in unnecessary and undue hardship. In order to authorize any variance from the terms of subpart B, the board shall consider each of the following: a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The lot is rectangular in shape, and the topography is basically flat, like many other properties facing Page 4 of 17

the Gulf of Mexico in the CT zoning district. It appears that the existing structure will be demolished in order to make way for the new residence. b. Special conditions and circumstances do not result from the actions of the applicant. Special conditions and circumstances are not evident. c. Granting the variance will not confer on the applicant any special privilege that is denied by the chapter to other lands, structures, or buildings in the same zoning district. Granting the variance will allow the applicant to have one more habitable story than the Code allows. d. The literal interpretation of the provisions of Chapter 110 would deprive other properties in the same zoning district under the terms of Chapter 110 and would work unnecessary and undue hardship upon the applicant. The City Code restricts single-family homes to two habitable stories. e. The variance granted is the minimum variance that will make possible the reasonable use of the land, structure or building. This is the minimum variance to allow for occupancy of a third story. f. The granting of the variance will be in harmony with the general intent and purpose of Chapter 110, and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. If the variance is granted, the applicant will be allowed to have an additional story in his residence. PUBLIC NOTICE REQUIREMENT: A notice was mailed by first class mail to the property owners within one hundred and fifty feet in any direction of the subject property on August 8, 2011. Notice was posted on the subject property on August 8, 2011 per Section 2-149 of the Code of Ordinances. PUBLIC CORRESPONDENCE: No correspondence was received. BOARD OF ADJUSTMENTS AND APPEALS RECOMMENDATION: Board Members Johler, Clark, Labadie, Torre, and Troiano voted for unanimous approval. STAFF RECOMMENDATION: Notwithstanding the variance review criteria of Code Section 2-151, Variances, staff is neutral on this request. Pursuant to a legal notice published in the August 10, 2011-edition of the Neighborhood Times Section of the St. Petersburg Times, as evidenced by an affidavit of publication, filed with the City Clerk, a public hearing was held on Resolution No. 2011-55. City Attorney Kiefer read Resolution No. 2011-55 by title only. Mayor Johnson inquired if any City Commission Member needed to disclose any ex-parte communications regarding this application. Page 5 of 17

Commissioner Kennedy stated for the record that she visited the property, and spoke with the builder, Eric Meyer. Commissioner Hamilton-Wollin stated for the record that she visited the property, and spoke with the builder, Eric Meyer, and the architect, Dwight Holmes. Commissioner Torres stated for the record that he visited the property, and spoke with the builder, Eric Meyer. Mayor Johnson stated for the record that he visited the property, and spoke with the builder, Eric Meyer, and the architect, Dwight Holmes. Mayor Johnson opened the public hearing. Upon the request of Mayor Johnson, all persons planning to give testimony in the public hearing were duly sworn in by the City Clerk. Planning and Zoning Director Taylor presented the Agenda Item and made a PowerPoint Presentation depicting photographs of the property, aerial view, survey, plans, and elevations. He explained the variance request stating the applicant is requesting a variance to increase the number of habitable stories, from two to three, in order to build a singlefamily home in the Commercial Tourist (CT) zoning district. He advised that the height of the structure will comply with regulations. th Eric Meyer, of Dynamic Property Services, Inc., 403-20 Avenue, explained the variance request for a third living level. He referenced the floor plan for the third floor that is inside the roof system. He explained that the elevation of the building is at 14 feet, which exceeds the FEMA requirement that is 12 feet and is still more than two feet below the allowable height and the building fits within the side setback requirements as well as the front and rear setbacks. Commissioner Hamilton-Wollin clarified that there is no debate because the structure would not look any different without the living space. Mayor Johnson shared the concern that it is understood that allowing this third story living space is not allowing a taller structure; this structure is not three stories over parking, it is staying within the maximum height within the roof structure. st Kathy Blisner, 1612-1 Street, spoke in support of the variance request. Julie Folden, 60 Gulf Boulevard, spoke in support of the variance request. Page 6 of 17

th Jim Labadie, 316-10 Avenue, spoke in support of the variance. He suggested consideration of reviewing the City Codes relevant to this issue. Mayor Johnson, seeing and/or hearing no one else wishing to speak, the public hearing for this Agenda Item was closed. City Clerk O Reilly read into the record a letter from Vice Mayor Hanna as follows: Dear Mayor Johnson and City Commissioners, Due to a previous business engagement in Ohio, I am unable to attend this evening s City Commission Meeting. I would like to take a moment to express my position on Resolution 2011-55, regarding the property known as 1610 Beach Trail, IRB. The research I have gathered indicates the property is located in the CT zone. The applicant wishes to build a residential structure in this zone, thereby downgrading the normal height requirements allowed by the CT code. The subject property s reduced size will not only lessen the demand on the city s infrastructure but moreover will be well within all residential setbacks and have a mid-level height of only thirty-three feet. Further, the proposed structure will exceed FEMA flood level floor requirements by two feet. The applicant wishes to create a bedroom and bath area for his daughter in the third floor living area. This action conflicts with the two-floor habitability requirement currently on our books. This part of the code may be outdated and suggests review as the living area falls well-within the height restrictions portion of the code. Therefore, I urge you to support this variance and agree with the BOA board for its passage. Sincerely, Phillip J. Hanna Vice Mayor, Indian Rocks Beach, FL MOTION MADE BY COMMISSIONER HAMILTON-WOLLIN, SECONDED BY COMMISSIONER KENNEDY, TO APPROVE RESOLUTION NO. 2011-55/BOA CASE NO. 2011-04, GRANTING A VARIANCE REQUEST TO CODE SECTION 110-153, SCHEDULE OF SETBACK REQUIREMENTS, HEIGHT LIMITATIONS, FLOOR AREA RATIOS AND IMPERVIOUS SURFACE RATIOS; SEEKING AN INCREASE FROM TWO TO THREE HABITABLE STORIES TO ALLOW FOR THE CONSTRUCTION A SINGLE- FAMILY HOME LOCATED IN THE COMMERCIAL TOURIST ZONING DISTRICT FOR PROPERTY LOCATED AT 1610 BEACH TRAIL, INDIAN ROCKS BEACH, FLORIDA, AND LEGALLY DESCRIBED AS INDIAN BEACH RE-REVISED, BLOCK 22, LOT 9 AND S ½ OF LOT 8 & PT BEACH DR (VACATED). ROLL CALL VOTE: HANNA ABSENT KENNEDY YES HAMILTON-WOLLIN YES Page 7 of 17

TORRES JOHNSON YES YES MOTION CARRIED UNANIMOUSLY. 7B. ORDINANCE NO. 2011-15 - PUBLIC HEARING/SECOND AND FINAL READING. Amending Chapter 2, Administration; Article III, Boards, Committees and Commissions; Division 2, Planning and Zoning Board, by amending Section 2-104, Term of members; forfeiture of office; removal of members; quorum; by amending the forfeiture of office procedures; by providing a criteria for the conduct of business. [Official Publication Date: August 10, 2011.] BACKGROUND: During the June 14, 2011 City Commission Meeting, a discussion ensued regarding the procedures to appoint new or replacement Planning and Zoning Board Members. The consensus was to leave the current procedures in place, but also to amend the criteria for forfeiture as follows: Amend Sec 2-104 (1)(d) as follows: Fails to attend two out of three consecutive meetings without cause and without prior approval of the chairperson. Members shall notify the secretary of the board if they are not able to attend a meeting. Any member who fails to attend three consecutive meetings or six meetings in a two-year period shall automatically forfeit said membership, unless any such absence shall be excused by the City Commission. Any vacancy shall be filled for the unexpired term of the member whose place has become vacant. Further, the City Commission desired that the rules governing decorum as set for the City Commission s in their own rules of procedure also be applicable to the conduct of P&Z board members. Accordingly, the following proposed language has been added to Sec. 2-104(1) for the Commission s consideration: e. Fails to follow proper decorum and order as set forth in the City Commission s Rules of Procedures. Finally, the City Commission expressed a desire to streamline the procedures for removing Planning and Zoning Board Members by a simple resolution and majority vote, in lieu of the current procedure which calls for a public hearing, notice, etc Accordingly, the City Attorney submits the following amendment to Sec. 2-104(2) for consideration: Page 8 of 17

(2) In lieu of subsection (b)(1) of this section, any member of the Planning and Zoning Board may also be removed for cause, upon filing with the City Clerk of written charges by a majority of the City Commission. The person charged may, within five days of receipt of notice of the written charges, request in writing a public hearing before the City Commission. Notice of such meeting shall be posted in city hall five days before the meeting. This meeting shall be heard at a City Commission Meeting open to the public, not less than 15 days and not more than 30 days after the request for hearing is filed. Filing of written charges for the removal shall instantly remove the person charged from membership and, following the hearing before the city commission, the person charged shall be permanently removed or reinstated. The City Commission, via resolution, and by majority vote upon the motion of any City Commission Member, may remove any member based on a finding that forfeiture is warranted under subsection (b), above. Pursuant to a legal notice published in the August 10, 2011-edition of the Neighborhood Times Section of the St. Petersburg Times, as evidenced by an affidavit of publication, filed with the City Clerk, a public hearing was held on Ordinance No. 2011-15. City Attorney Kiefer read Ordinance No. 2011-15 by title only. City Attorney Kiefer presented the Agenda Memo. She referenced Section 2-104(b)(2) and noted the elimination of the cumbersome procedure to revoke membership and addition that the City Commission may, by resolution and majority vote, remove any member and cited the following correction:... The City Commission, via Resolution, by majority vote upon the motion of any City Commission Member may remove any member based on a finding that forfeiture is warranted under subsection (b)(1), above. Mayor Johnson opened the public hearing. Seeing and/or hearing no one wishing to speak, the public hearing for this Agenda Item was closed. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY COMMISSIONER HAMILTON-WOLLIN, TO APPROVE ORDINANCE NO. 2011-15, AS AMENDED, ON SECONDED AND FINAL READING, AMENDING CHAPTER 2, ADMINISTRATION; ARTICLE III, BOARDS, COMMITTEES AND COMMISSIONS; DIVISION 2, PLANNING AND ZONING BOARD, BY AMENDING SECTION 2-104, TERM OF MEMBERS; FORFEITURE OF OFFICE; REMOVAL OF MEMBERS; QUORUM; BY AMENDING THE FORFEITURE OF OFFICE PROCEDURES; BY PROVIDING A CRITERIA FOR THE CONDUCT OF BUSINESS. ROLL CALL VOTE: HANNA ABSENT KENNEDY YES HAMILTON-WOLLIN YES Page 9 of 17

TORRES JOHNSON YES YES MOTION CARRIED UNANIMOUSLY. 8A. RESOLUTION NO. 2011-61. Authorizing the City Manager to award the bid and enter into a contract with Oakhurst Construction Company, Inc. for the Indian Rocks Beach Historical Museum Expansion Project. BACKGROUND: On October 12, 2010, the City Commission passed Resolution No. 2010-78, designating Holmes Architects as the City s architect of record, and authorized the City Manager to negotiate a fee for the Historical Museum Expansion Project Architectural Services. On November 9, 2010, the City Commission passed Resolution No. 2010-87, confirming the Historical Museum Space Needs Analysis along with the concurrence of the Historical Museum Expansion Project Budget and the authorization for the City Manager to proceed to the Design Phase of the project. On January 25, 2011 the City Commission passed Resolution No. 2011-10, approving the preliminary design for the Historical Museum Expansion Project and the authorization for the City Manager to proceed with the development of the final design/construction plans along with publicly issuing a request for bid for the project. On April 12, 2011, the City Commission passed Resolution No. 2011-36, authorizing additional funding for the Historical Museum Expansion Project and ratifying design modifications to conform with FEMA Regulations. ANALYSIS: On July 17, 2011, the Public Services Department issued a request for bids for the Historical Museum Expansion Project. The request for bids was publicly advertised in the St. Petersburg Times on July 17, 2011, pursuant to Florida Statutes and the Code of Ordinances. On August 11, 2011, at 2:00 p.m. in the City Hall Conference Room, bids were opened with the following tabulations: BIDDER NAME ADDRESS PRICE Semsco Construction, Inc. P.O. Box 706 $402,476 Bartow, FL 33831 Oakhurst Construction Company, Inc. th 7497 135 Street North $237,550 Seminole, FL 33776 Page 10 of 17

Eveland Brothers, Inc. 12790 Automobile Boulevard $329,080 Clearwater, FL 33762 Voeller Construction, Inc. 4490 Alternate 19, Suite 101 $277,300 Palm Harbor, FL 34683 Based on the review of the project bids and the recommendation of the City s architect of record, staff is requesting that the City Commission authorize the City Manager to enter into a contract with Oakhurst Construction Company, Inc. in the amount of $237,550. FISCAL IMPACT: Within the Local Option Sales Tax Fund Capital Projects Budget, the City has appropriated funds in the amount of $260,000, under the Account Number 101-539-572-063-405, Project Number C500-CASP, which are to be utilized to complete this project. Project Costs are estimated as follows: Survey = $ 350 Permitting = $ 1,960 Additional Foundation Design = $ 6,160 Bid = $ 852 Construction = $237,550 Contingency (5%) = $ 11,878 Total = $258,750 As previously indicated, the Budget breakdown for this project and the responsible entities are as follows: Task Responsibility Budget Space Needs Analysis Historical Society $ 2,335 Construction Design Historical Society $ 19,000 Survey City of Indian Rocks Beach $ 350 Foundation Design City of Indian Rocks Beach $ 6,160 Permitting City of Indian Rocks Beach $ 1,960 Bid City of Indian Rocks Beach $ 852 Construction City of Indian Rocks Beach $ 237,550 Contingency (5%) City of Indian Rocks Beach $ 11,878 Furniture/Fixtures/Equipment Historical Society $ TBD * Total $ 280,085 Historical Society = $ 21,335 / 7.61 % City = $ 258,750 / 92.39 % City Attorney Kiefer read Resolution No. 2011-61 by title only. Page 11 of 17

Public Services Director Scharmen presented the Agenda Item. He reviewed the bid process for this project and the staff recommendation. He advised that there is sufficient funding in the Local Option Sales Tax Fund, Penny for Pinellas, for this project. He advised that staff recommends approval. Mayor Johnson opened the Agenda Item to public comments; seeing and /or hearing no one wishing to speak, the public comment session for this Agenda Item was closed. MOTION MADE BY COMMISSIONER HAMILTON-WOLLIN, SECONDED BY COMMISSIONER TORRES, TO APPROVE RESOLUTION NO. 2011-61, AUTHORIZING THE CITY MANAGER TO AWARD THE BID AND ENTER INTO A CONTRACT WITH OAKHURST CONSTRUCTION COMPANY, INC. FOR THE INDIAN ROCKS BEACH HISTORICAL MUSEUM EXPANSION PROJECT. UNANIMOUS APPROVAL BY ACCLAMATION. 8B. RESOLUTION NO. 2011-62. Authorizing the City Manager to award the bid and enter into a contract with Rowland, Incorporated for the Implementation of the BMP s at Harbor Drive North and South Project. BACKGROUND: In November of 2009, the Public Services Department submitted an application to the Southwest Florida Water Management District for funding consideration in an amount of $100,000 to be applied toward the implementation of Stormwater Best Management Practices (BMP s) at Harbor Drive North and Harbor Drive South. The Southwest Florida Water Management District funding would require an equal match from the City, and funds are budgeted in the FY 2010/11 Capital Budget. The City s intention is to employ modern stormwater management techniques, which are currently used throughout Florida, such as runoff mitigation, attenuation, filtration, all of which will be incorporated to the Implementation of BMP s at Harbor Drive North and Harbor Drive South (N252). The Harbor Drive North and Harbor Drive South drainage area was developed prior to current knowledge and practices of flood control and stormwater management. Subsequently, all runoff is currently draining directly into the ICWW and ultimately Clearwater Harbor. The proposed project provides an opportunity and the means to update the area to current environmental standards. Specifically, the requested funding will be used toward the construction services necessary to complete the installation of appropriate stormwater treatment BMP s to improve the Page 12 of 17

water quality from the discharge of the 4.98 acre Harbor Drive North and 5.26 acre Harbor Drive South drainage basins. In an effort to develop, implement and enforce flood protection, the City has adopted a Code of Ordinances, which includes Chapter 90, the Flood Damage Prevention Ordinance. The City is a participating community in the National Flood Insurance Program (NFIP) of the Federal Emergency Management Agency (FEMA), enforcing local as well as federal flood protection regulations for new development and re-development. Additionally, the City participates in FEMA s Community Rating System and because of the numerous floodplain management activities that have eliminated exposure to flooding, the City received a Class 7 rating. This project also meets the following State Water Use policies: The Florida Statutes address water management under Chapter 373 and pollution control under Chapter 403, linked together under the Florida Water Plan, as reflected in the State Water Policy, Rule 17-40, Florida Administrative Code. The general policy of the State of Florida for control of its waters is set forth in Section 403.021(2), Florida Statutes. In November 2010, the City Commission passed Resolution N0. 2010-90, authorizing the City Manager to execute a Cooperative Funding Agreement between the SWFWMD and the City and also passed Resolution No. 2007-121, authorizing the City Manager to issue a Task Order to CivilSurv Design Group for the design of the Implementation of BMP s at Harbor Drive North and Harbor Drive South. On December 13, 2010, the City received the executed Cooperative Funding Agreement from SWFWMD. ANALYSIS: On July 13, 2011, the Public Services Department issued a request for bids th for Bid Number PSD-2007/08-01 25 Avenue Drainage Improvements. The request for bids was publicly advertised in the St. Petersburg Times on July 13 and July 27, 2011 pursuant to Florida Statutes and the Code of Ordinances. On August 12, 2011, at 2:00 p.m., in the City Hall Conference Room, bids were opened with the following tabulations: BIDDER NAME ADDRESS PRICE Rowland, Inc. nd 6855 102 Avenue North $129,246.15 Page 13 of 17

Pinellas Park, FL 33782 Kloote Contracting, Inc. P.O. Box 339 $142,671.00 Palm Harbor, FL 33682 Based on the review of the project bids and the recommendation of the City s engineer of record, staff is requesting that the City Commission authorize the City Manager to enter into a contract with Rowland, Inc. for the Implementation of BMP s at Harbor Drive North and Harbor Drive South (N252) in the amount of $129,246.15. FISCAL IMPACT: Within the Local Option Sales Tax Fund Capital Projects Budget the City has appropriated funds in the amount of $171,000, under the Account Number 101-539- 100-063-100, Project Number C102-SB, which are to be utilized to complete this project. The SWFWMD Cooperative Funding Agreement will reimburse the City 50% up to $100,000 of the aforementioned project costs. Project Costs are estimated as follows: Permitting = $ 500.00 Engineering/Design/CEI = $ 17,900.00 Bid = $ 1,280.36 Construction = $129,246.15 Contingency (14.5 %) = $ 21,594.34 Total = $170,520.85 City Attorney Kiefer read Resolution No. 2011-62 by title only. Public Services Director Scharmen presented the Agenda Item. He explained that this is a continuation of the City s infrastructure improvements. He advised that application has been made for a 50/50 matching grant from the Southwest Florida Water Management District for this project. He reviewed the bid process for this project and the staff recommendation. He advised that there is sufficient funding in the Local Option Sales Tax Fund, Penny for Pinellas, for this project. He noted a 14.5% contingency in this contract due to some utilities owned by Pinellas County that will need to be relocated. He advised that staff recommends approval. Mayor Johnson opened the Agenda Item to public comments; seeing and /or hearing no one wishing to speak, the public comment session for this Agenda Item was closed. MOTION MADE BY COMMISSIONER KENNEDY, SECONDED BY COMMISSIONER TORRES, TO APPROVE RESOLUTION NO. 2011-62, AUTHORIZING THE CITY MANAGER TO AWARD THE BID AND ENTER INTO A CONTRACT WITH ROWLAND, Page 14 of 17

INCORPORATED FOR THE IMPLEMENTATION OF THE BMP S AT HARBOR DRIVE NORTH AND SOUTH PROJECT. UNANIMOUS APPROVAL BY ACCLAMATION. 9. ORDINANCES, first reading: None. 10A. REVIEW OF the Capital Improvement Plan/Budget. BACKGROUND: On June 14, 2011, the City Commission held a work session to discuss the prioritization of capital projects and the allocation of funding. Since that time, staff has been able to clarify the timing of certain projects plus the City has: 1) received a grant agreement contract for the Keegan Clair docks; 2) has accepted bids for the Historical Museum Expansion and Stormwater projects, and 3) entered into a purchase contract for the Schmidt House, 442 Gulf Boulevard. ANALYSIS: With the new information, the staff has prepared a revised funding allocation schedule for the Five-Year Capital Improvement Program 2012-2016. There are no new projects in this schedule and the priorities have not changed. The new schedule is simply a reallocation of the funding resources given recent successes on certain projects. It now looks like the following capital improvement activities will take place in Fiscal Year 2011-12: 1. Construction of stormwater improvements on Harbor Drive ($160,000 50/50 Penny for Pinellas and grant). 2. Construction of a 1000 square foot addition to the Historical Museum plus two public restrooms ($260,000 Penny for Pinellas). 3. Construction of entry landscape improvements on Gulf Boulevard at the southernmost entry to Indian Rocks Beach ($139,000 grant). 4. Raze Schmidt House, 442 Gulf Boulevard, and design Walsingham Road entry and intersection improvements ($30,000 Penny for Pinellas). 5. Construct Keegan Clair Docks and upland improvements ($300,000 Penny for Pinellas and grant) plus Narrows waterway shore stabilization ($300,000 Penny for Pinellas). 6. Study Gulf Boulevard crosswalk design; select uniform system for safety and cost effectiveness; begin some installations ($10,000 Penny for Pinellas). 7. Develop Wayfinding Sign System for both autos and pedestrians and an improved sidewalk system in the Narrows Business District ($25,000 Penny for Pinellas). th 8. Replace the dune walkover at the 26 Avenue beach access ($10,000 Penny for Pinellas). 9. Provide roadway restoration (overlay or equivalent) at selected locations around the City ($150,000 Penny for Pinellas). 10. City Hall upgrades to the Bay Palm Boulevard facade and administrative offices ($40,000 Penny for Pinellas). Page 15 of 17

11. Construct Gulf Boulevard, midtown and uptown intersection improvements following the overlay of the roadway by Pinellas County ($100,000). Assuming the City Commission is comfortable with this new funding allocation schedule, it will be included in the proposed budget which will be considered at the September public hearings. City Manager Coward presented the Agenda Memorandum, and thereafter highlighted what is known since the previous update of the Capital Improvement Program. Bids have been taken on the stormwater reconstruction and the budget amount from $200,000 to $170,000 in the two fiscal years. Bids have been taken for the Historical Museum/Chic-A-Si Park and the budget has been increased to $260,000 across two fiscal years. The purchase of the Schmidt House, 442 Gulf Boulevard, the Walsingham/Gulf Boulevard Intersection, at the $200,000 plus closing costs of $137, which had originally been in FY2012, but it happened in 2011. In order to accommodate the increase for the Historical Museum Expansion Project, the following adjustments were made: The road milling, resurfacing and curbing was lowered from $200,000 to $150,000. The City Hall upgrades were lowered from $40,000 to $30,000. City Manager Coward reviewed the projects for the following calendar years: 2011 Indian Rocks Beach Historical Museum Expansion. Harbor Drive stormwater reconstruction. FDOT South Gulf Boulevard Landscaping. Schmidt House/Walsingham/Gulf Boulevard Intersection (442 Gulf Boulevard). 2012 Keegan Clair Boat Docks. Narrows Shore Stabilization. Upland improvements. Road milling, resurfacing, and curbing. Dune walkovers. 2013 Construction of the new entryway at Walsingham/Gulf Boulevard Intersection. Gulf Boulevard crosswalks. Stormwater construction. Three Dune Walkovers. Begin work on Gulf Boulevard utility undergrounding. 2014 Page 16 of 17

Road milling, resurfacing, and curbing. Pedestrian sidewalks in the Narrows Business District. 2015 Library/City Hall Expansion - $250,000. 2016 USF Study - $200,000 possibly the relocation of the Solid Waste Facility, but could be used for improvements to the Narrows Business District. City Manager Coward stated that if the City Commission is comfortable with the proposal for the new funding allocation schedule, it will be included in the proposed budget during the two public hearings in September. Mayor Johnson commented that he is comfortable with the early years; however, the projects in the out years, he would suggest there be more detail labeling for the USF Study and the Solid Waste Facility. He noted that there would have to be a referendum for the purchase of property for a Solid Waste Facility outside the City. Mayor Johnson inquired of the City Attorney how far into the future does a referendum that passes last, with City Attorney Kiefer responding that she will research and provide a report. Commissioner Torres suggested a good time for a referendum for the purchase of property outside the City will be after the docks have been in place so that citizens see the need for the Solid Waste Facility property. 11. CITIZEN PARTICIPATION. None. 12. OTHER BUSINESS. None. 13. ADJOURNMENT. MOTION MADE BY COMMISSIONER HAMILTON-WOLLIN, SECONDED BY COMMISSIONER TORRES, TO ADJOURN THE MEETING AT 8:17 P.M. UNANIMOUS APPROVAL BY ACCLAMATION. September 8, 2011 Date Approved R.B. Johnson, Mayor-Commissioner ATTEST: Deanne B. O Reilly, MMC, City Clerk Page 17 of 17