NOTICE OF PUBLIC MEETING
CITY COMMISSION WORK SESSION
City Hall, 542 Main Street
JULY 23, 2019
9:00 AM
AGENDA
AGENDA
CALL TO ORDER
1. PRESENTATIONS
CITIZEN INPUT
2. CONSENT AGENDA
2.a. Approve the minutes for: A. May 14, 2019 Work Session B. May 16, 2019 Regular Meeting
Staff recommends to approve the minutes. EXHIBIT: A. 19-05-14 CCWS.pdf EXHIBIT: B. 19-05-16 RCM.pdf
2.b. Board and Committee Appointments/Reappointments
A. Stormwater Advisory Committee Reappoint Regular members: Larri Gerson to her 1st full term that expires June 1, 2022, Belle Gruber to her 2nd full term that expires June 1, 2022 & Susanne Gow to her 4th and final term that expires June 1, 2022.
Staff recommends to approve all reappointments. EXHIBIT: A. Stormwater Advisory Committee Roster.pdf 1
1 2.c. Renewal of the Lease Agreement with Pinellas County for the Pinellas County Sheriff's Office North Fleet Building
Staff recommends the Commission approve the Lease Agreement for an initial five-year period.. EXHIBIT: A. Dunedin PCSO Fleet Lease v.05 AATF for Dunedin Signature 7-01-19.pdf
2.d. Wastewater Lift Station #3 Force Main Replacement Project Staff recommends to Award the Wastewater Lift Station #3 Force Main Replacement Project to G.A. Nichols Company, a Florida Corporation, in the amount of $281,815.60 EXHIBIT: A. Memo of Recommendation (CA).pdf EXHIBIT: B. Memo of Recommendation (RF).pdf EXHIBIT: C. Ardurra letter Bid Recommendation.pdf EXHIBIT: D. Bid 19-1130 Tabulation.pdf EXHIBIT: E. Budget Amendment Form.PDF
2.e. Award of Bid 19-2347 – Marina Sailboat Ramp Launch Improvements Project
Staff recommends to approve the award of a construction contract to Midcoast Marine Group, LLC of Largo, FL, in the amount of $88,135, for the Marina Sailboat Ramp Launch Improvements Project (Bid #19-2347). EXHIBIT: A. Memo of Recommendation (CA).pdf EXHIBIT: B. Memo of Recommendation (BW).pdf EXHIBIT: C. Bid 2347 Tabulation.pdf EXHIBIT: D. Budget Amendment Form.pdf
3. ACTION ITEMS
3.a. Resolution 19-39 Investment Policy Amendment Staff recommends to adopt Resolution 19-39. EXHIBIT: A. Resolution 19-39 EXHIBIT: B. Exhibit A- Investment Policy EXHIBIT: C. Investment Policy Proposed Final red line vesion 7.14.pdf EXHIBIT: D. Exhibit C- Eligible and Suitable Investments
3.b. Resolution 19-33, Establishes a Maximum Millage Rate for FY 2020
Staff recommends to adopt Resolution 19-33. EXHIBIT: A. Res 19-33 Proposed Maximum Millage Rate for Fiscal Year 2020.docx EXHIBIT: B. Form DR-420 EXHIBIT: C. Form DR-420TIF 2 2 EXHIBIT: D. Form DR-420MM-P
3.c. RFP 19-112X Award of contract to the Gehring Group for Employee Benefits Broker and Consulting Services
Staff recommends Commission approval of the proposed contract with the Gehring Group.. EXHIBIT: A. COD Benefits Consultant Contract - 072319 signed by GG.pdf EXHIBIT: B. SUPPLEMENT FOR ITEM 3.c. 19-07-22 Memorandum from Chuck Ankney re RFP -1125 Employee Benefits Brokerage and Consulting Services.pdf
3.d. Wastewater Treatment Plant Electrical System Upgrades Design Services. Staff recommends to Award the Wastewater Treatment Plant Electrical System Upgrades Design Contract to Engineering Design Technologies Corporation, of Tampa, FL, in the amount of $843,484. EXHIBIT: A. Memo of Recommendation (CA).pdf EXHIBIT: B. Memo of Recommendation (RF).pdf EXHIBIT: C. Dunedin WWTP Electrical System Upgrades Proposal - 06-25-19.pdf EXHIBIT: D. Dunedin WWTP Fee Worksheet - 06-25-19.pdf EXHIBIT: E. RFQ Summary Score Sheet.pdf EXHIBIT: F. Budget Amendment Form.pdf
3.e. STARRED ITEM: Code Enforcement Lien at 977 Victor Drive, Dunedin, Florida regarding DCEB Case Nos. 16-612, 16-614, 16-1048, 16-1049, 17-162 and 17-441 (Estate Buyers LLC} for a Partial Release of Code Enforcement Board Liens
A. Staff recommends to place this item on the agenda.
B. Staff recommends to authorize the City Attorney to accept a $3,500.00 settlement offer from Attorney Ted Topouzis, on behalf of the current property owner, in exchange for a Partial Release of the Code Enforcement Board Liens at 977 Victor Drive, Dunedin. EXHIBIT: A. Code Enforcement Settlement offer re 977 Victor Drive.pdf
3.f. STARRED ITEM: Code Enforcement Lien at 1618 Amberglen Drive, Dunedin regarding DCEB Case No. 18-757 (Carlsbad Funding Mtg Trust)
A. Staff recommends to place this item on the agenda.
B. Staff recommends to authorize the City Attorney to accept a $7,500.00 settlement offer from Attorney Clint Burton, on behalf of the owner's management company , in exchange for the Release of a Code Enforcement Board Lien (DCEB 18-757), on the property located at 1618 Amberglen Drive. 3 3 EXHIBIT: A. DCEB Settlement offer re 1618 Amberglen Drive.pdf
3.g. The proposed agenda for the August 20, 2019 Work Session
Staff recommends to approve the proposed agenda for August 20, 2019 Work Session EXHIBIT: A. 19-08-20 CCWS Proposed Agenda.pdf
4. WORKSHOP ITEMS
4.a. Supplemental Height Amendments
Staff recommends the City Commission review, discuss and provide direction on the proposed code changes. EXHIBIT: A._Building Height Workshop_Background II.docx EXHIBIT: B. Building Height Workshop Presentation 2.pptx EXHIBIT: C. Recommend Building Height Code Changes.doc
4.b. Stormwater Enforcement Ordinance
Following the Staff presentation, Staff would like to solicit comments from the Commission, address questions, and receive consensus direction concerning the draft Stormwater Enforcement Ordinance. EXHIBIT: A. Draft_ARTICLE_IX.___STORMWATER_MANAGEMENT.pdf EXHIBIT: B. Stormwater Enforcement Ordinance Presentation.pdf
5. INFORMATIONAL ITEMS
5.a. Commission Discussion The Commission share topics of concerns or future issues they wish to address.
5.b. City Clerk's Update City Clerk's Update
5.c. City Manager's Written Report Review and discuss "City Manager's Written Report" covering June, 2019 EXHIBIT: A. City Manager's Update-July 2019.pdf
5.d. City Attorney's Update City Attorney's Update
5.e. Commission Comments The Commission shares events attended, announcements, liaison updates, etc. 4 4 ADJOURN MEETING
COPIES OF THIS AND ALL COMMISSION AGENDAS ARE AVAILABLE TO THE PUBLIC AT THE OFFICE OF THE CITY CLERK, 750 MILWAUKEE AVENUE, ON THE MONDAY PRIOR TO THE MEETING DATE. COPIES ARE ALSO AVAILABLE AT CITY HALL, 542 MAIN STREET AND THE CITY’S WEBSITE AT WWW.DUNEDINGOV.COM.
5 5 Agenda Item: 2.a
Meeting Date: July 23, 2019
MEMORANDUM
To: City Commission
Date: 2019-07-12
From: Denise Kirkpatrick, City Clerk
Subject: Approve the minutes for: A. May 14, 2019 Work Session B. May 16, 2019 Regular Meeting
Presenter(s): Denise Kirkpatrick, City Clerk
Recommend: Staff recommends to approve the minutes.
Epic Goal(s): N/A
Boards & Committees: N/A
Budget Impact: N/A
Past Action: N/A
Next Action: N/A
Attachments: A. 19-05-14 CCWS.pdf, B. 19-05-16 RCM.pdf,
Background: N/A
6 DUNEDIN, FLORIDA MINUTES OF THE CITY COMMISSION WORK SESSION MAY 14, 2019 9:00 A.M.
PRESENT: City Commission: Mayor Julie Ward Bujalski, Vice-Mayor Maureen “Moe” Freaney, Commissioners Heather Gracy, Deborah Kynes and Jeff Gow Also Present: City Manager Jennifer K. Bramley, Deputy City Manager Doug Hutchens, City Attorney Thomas J. Trask, City Clerk Denise M. Kirkpatrick, Finance Director Les Tyler, Planning and Development Director Gregory Rice, Housing and Economic Development/CRA Director Bob Ironsmith, Public Works and Utilities Director/City Engineer Jorge Quintas, Public Services Division Director Keith Fogarty, Assistant Director of Public Works & Utilities Paul Stanek, Community Relations Director Courtney King, TV Production Specialist Justin Catacchio and approximately nineteen people. CALL TO ORDER Mayor Bujalski called the May 14, 2019 City Commission Work Session to order at 9:00 a.m. 1. PRESENTATIONS 1.a. National Public Works Week - May 19-25, 2019 Commissioner Gracy read a proclamation declaring May 19 – 25, 2019, as National Public Works Week; and urged all citizens everywhere to join with representatives of the American Public Works Association/Canadian Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life. Public Works and Utilities Director/City Engineer Jorge Quintas, Public Services Division Director Keith Fogarty and Assistant Director of Public Works & Utilities Paul Stanek were in attendance to accept the proclamation and they thanked the Commission for the recognition. Mr. Fogarty on behalf of 152.83 employees of the Public Works Department he expressed it was an honor to accept the proclamation. There are over 30,000 members of the APWA and as the resolution indicated it stretches to Canada and Norway with 73 different chapters representing quite a few people. Mr. Stanek commented it was an honor and privilege to serve especially the residents of Dunedin. This is something they take seriously and work very hard at and they are very proud of what they do. Mr. Quintas commented the citizens may not realize the extent to which Public Works affects them from morning to night, these folks touch their lives. He is very appreciative of how professional and committed, intelligent, educated and knowledgeable and experienced they are. 1.b. 2019 National EMS Week - May 19-25, 2019 Commissioner Gow read a proclamation designating the week of May 19-25, 2019, as EMERGENCY MEDICAL SERVICES WEEK with the theme, EMS Strong: Beyond the 7
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Call, and encouraged the community to observe this week with appropriate programs, ceremonies and activities. Deputy Fire Chief Erich Thiemann and Division Chief of EMS Mark Zipeto were in attendance to accept the proclamation and they thanked the Commission for the recognition. Division Chief Zipeto commented his division shines every day answering more than 6,000 EMS calls alone in a year which averages about 14 calls a day of unbelievable work they do. It is a lifetime of education and keeping up with the trends and ever changing medicine of today. They do a great job every day. He gave each of the Commissioners a coin commissioned by the department similar to those the military give. 1.c. City Manager Code Enforcement Update Mayor Bujalski referred to the recent Code Enforcement issue that was in the newspapers and television news and social media and advised City Manager Bramley had some facts about the case to share. City Manager Bramley advised she wanted to provide a statement of facts in regard to this Code case related to 1341 Lady Marion Lane in Dunedin. On May 10, 2019, the City issued a press release regarding a property located on Lady Marion Lane. She read the salient facts described within that press release. There was one article which was essentially the City’s side of the matter indicating that the City claimed, x, y, z; however, these are statements of fact and of record as they pertain to the Code case itself and how it evolved. She also wanted to address directly the assertion the City is putting a senior citizen on the street. Finally there are a few other items in regard to this case and some of the discussion regarding the case revolving around the case she feels Dunedin residents and business owners need to know and those comments will be directed to them solely. The Code case itself: Suncoast First Trust purchased the property located at 1341 Lady Marion Lane on June 7, 2007. In October 2007, four months later, Code Enforcement was required regarding overgrowth on the property. Apparently there was a resident complaint. This original overgrowth violation was followed by another in 2009, by three violations in 2010, one in 2011, three violations in 2012 and three in 2013. Twelve times since 2007 the City has had to intervene to get the property owner to maintain his property. On May 5, 2015, Suncoast First Trust was deemed a repeat offender for overgrowth by the Dunedin Code Enforcement Board, the order read, “This matter is deemed to be of a recurring nature and should it recur by law the Board can levy fines up to $500.00 a day, plus daily recording costs and interest.” Since 2007 the Dunedin Code Enforcement Board has attempted to work with Mr. Ficken on behalf of Suncoast First Trust to keep the grass mowed with a series of phone calls, courtesy notices and violation notices. It was not until 2015 that Code Enforcement staff recommended repeat offender status after numerous complaints from the neighborhood regarding this particular property. In July 2018 the City received a complaint the lawn at 1341 Lady Marion Lane was again overgrown. The Code Enforcement Inspector made personal contact with Mr. Ficken on 8
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behalf of Suncoast First Trust on site shortly after June 5, 2018, and informed him that his grass needed to be cut because it could cost him up to $500.00 a day as a repeat offender. Amount of the Fine: Per Florida Statute 162.09 (2) (a) A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation and should not exceed up to $500.00 per day for repeat violation. In determining the fine, if any, the Code Enforcement Board shall consider the following factors: 1. The gravity of the violation. 2. Any actions taken by the violator to correct the violation. 3. Any previous violations committed by the violator. At this property, 12 previous violations had occurred. $500.00 a day is a standard in most Florida cities for a repeat offender. It is predicated upon the need to ensure the violation is brought into compliance quickly given the continued negative impact on the neighborhood of a repeat offender. Mr. Ficken stated in July 2018 his lawn mower was broken and he would get the lawn mowed by some means after it was repaired. After giving Mr. Ficken 5 weeks to get the mower repaired and/or the lawn mowed by some other means the Code Enforcement Inspector mailed a repeat violation notice on August 22, 2018. This case was brought to the September 4, 2018, Dunedin Code Enforcement Board hearing which resulted in two separate Board orders which totaled $23,500.00 plus interest, plus recording costs. Again notice to Suncoast First Trust of the impact of not maintaining the property is provided in the 2015 Board Order. Notice was provided as required by law. A Demand Letter was sent to Suncoast First Trust on February 13, 2019. On March 5, 2019. Mr. Ficken, speaking on behalf of Suncoast First Trust, asked for additional time saying, “I need an additional 60 days until 5/1/19 before proceeding with a foreclosure or any other procedure which you may seek payment against the Trust.” On March 6, 2019, City Attorney Tom Trask asked Mr. Ficken why he was requesting additional time. Mr. Ficken did not reply to that email or an email after that. Foreclosure Action/Homestead Property: Two months later on Tuesday, May 7, 2019, the City of Dunedin Code Enforcement Board authorized the City Attorney’s Office to file foreclosure actions. The Dunedin Code Enforcement Board is comprised of volunteer citizens appointed by the City Commission. They are residents and business owners in good standing and they volunteer many, many hours to ensure our neighborhoods are properly maintained. Dunedin Code Enforcement Board members were individually served with a lawsuit yesterday, as was the City of Dunedin. This property has a long history of Code violations which resulted in the fines imposed. This issue is about compliance, this is about requiring a property owner maintain his property without prompting and without expenditure of City funds. 9
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As to the second point that the City is putting a senior citizen out on the street, Florida Constitution Article 10, Section 4 states, Policy prohibits foreclosure on a homesteaded residence, as is the policy of the City of Dunedin. The reason for that is that homesteaded property is recognized as a person’s primary home. What qualifies as a homestead is the house in which the owner and his family live in. There are tax exemptions, as everyone knows, associated with homesteaded property. A home leased to other families does not qualify as a homesteaded property and can be foreclosed upon. The property located at 1341 Lady Marion Lane is not Mr. Ficken’s primary homesteaded residence. Mr. Ficken’s homesteaded property, his primary residence as recognized by the Florida Statutes, is located at 1608 Osceola Avenue, Clearwater, according to the Pinellas County Property Appraiser. The property on Osceola Avenue was purchased in February 1993, since that time 35 cases against this property have been opened by the Clearwater Code Enforcement Division ranging from overgrowth to abandoned vehicles to broken glass in the windows. This is Mr. Ficken’s homesteaded property which cannot be foreclosed upon. The property is currently vacant. In addition, records show 3 other properties owned by the Trust or some variation of the Trust. The properties are in Palm Harbor, Clearwater and another in Dunedin. According to Zillow, the market value of those properties is $709,000. City Manager Bramley made the following general comments on some of the issues she has seen in articles and reports. The City of Dunedin has, like other cities in Florida, collected above average revenue as liens have been foreclosed over the past few years. The City estimates 40% of these foreclosed liens have been against bank owned and abandoned properties. This is because during the recession a large number of properties were foreclosed upon by the banks, which is very unfortunate for those families and for the cities involved. These properties then sat vacant and many were not maintained which resulted in large fines, the fines accrued. The banks were overrun with this inventory and very gradually brought the homes into compliance, settled the code liens with the municipalities and put the properties back on the market, which is very good for the neighborhoods and something the City encouraged. This process took many years and many cities like Dunedin are still involved in this process; it is not unique to Dunedin; it occurred nationwide. Last fiscal year, Dunedin collected $1.1 Million in fines; this year a decrease is anticipated and budgeting next year for another decrease in the number of fines as the bank owned properties are placed back on the market. It should be noted in February the City Commission directed City staff to use proceeds from these code liens for affordable housing for residents. This case has garnered nationwide attention and emails were received from across the country. The most important input the City receives is from its residents and business owners. As is known, the City recently took a citizen survey and it was comprehensive and was statistically confident to 2.7%. Of the residents 73.2% found there is either the right amount of code enforcement or not enough in Dunedin; 26.8% found there is too much. Three quarters of Dunedin residents find there is not sufficient code enforcement. She thinks it is important when taking a step back from the situation and the vitriol it has engendered that we recognize ¾ of our residents are happy with the City’s Code 10 Compliance Division. 19-4 Work Session Minutes Dunedin City Commission May 14, 2019
Our Code Enforcement Officers have the most difficult job in the city. They work with residents and business owners day in and day out to bring properties into compliance. Our property values are among the strongest in the region and she encourages them to continue the fine job they are doing. Mayor Bujalski thanked City Manager Bramley for the statements of fact. Vice-Mayor Freaney commented: She was out of town most of this situation; however, was certainly following it on the media. Everyone she showed the media broadcast of the issue to, some people in California, everyone had the same reaction that it was terrible and how could Dunedin do that. Her first comment is her disappointment in the media, because if a story is going to be told, tell the story. We have rules in place to protect our neighborhoods and the Commission is to represent all the citizens. She thought it was important what was said about the citizen survey and how they feel about code enforcement as a general rule. Overwhelmingly people in Dunedin are good and courteous to their fellow neighbors and their citizens. Sometimes neighbors are not what we hope them to be and that is why we have rules and a process. The process is attempted to be done with courtesy first and reminding people what the rules are and then as things progress, as they certainly did in this case since 2007, there is a process again trying to give people a lot of latitude which this individual had, but eventually there is a citizen board that gets involved and the ability to fine. When you sit on the dais you see the other side as does anyone who has a neighbor who does not take care of their property, the frustration of how long it takes to gain compliance and how long the system tries to work with them to be in compliance. When things repeatedly do not work there is a process and this gentleman had every opportunity. She thinks it needs to be repeated again and again, this is investment property, this is not his home, so a neighbor next door to investment property and having this frustration it is even worse. Sitting on the dais as the Commission has looked at the facts of the case and made sure of the facts and of being fair, obviously some situations come up and some adjustments need to be made, but she thought the facts as the City Manager stated this individual had a lot of opportunities. This is an investment property, this is not an older gentleman being put out of his home, this is someone with multiple investment properties and multiple code infractions in other cities, not just ours. The Commission is here for all the citizens of Dunedin and the neighborhoods. She expressed appreciation for all the work that has been done. Commissioner Gow agreed with the comments by Vice-Mayor Freaney. When a house is not homesteaded and it is not their primary residence the primary reason people have additional homes especially in close proximity to their homestead home is for income generation. While the media did give a one-sided slant that this is a gentleman on a fixed income, this is a gentleman who has multiple homes. He did wish it had been more of a full story. He would encourage the residents of Dunedin who time and again express how wonderful this city is, when they see something negative on social media to please at least take a step back and investigate it. The City has a tremendous amount of people involved in this case, and in Code Enforcement, who work very hard to make sure Dunedin is as wonderful as we all believe it is. 11 Commissioner Gracy commented: 19-5 Work Session Minutes Dunedin City Commission May 14, 2019
It has been an interesting week and she does see all the stories out there. She thought a lot of this conversation among her peers is certainly valid. It is nice to have some data behind what our residents do feel and the levels that they do support the services, in this case the Code Enforcement. Notwithstanding, she has had a few calls from Legislators who wanted to know what is going on in Dunedin. First and foremost she wanted to defend the residents of this city, because it was a resident led board, these are not elected officials. She stated “feel free to come at us” as elected officials that is their role. Her comment back is maybe Chapter 162 needs some work because our Code Enforcement Board, our residents are reading right from the Florida Statutes, so we need to find a middle ground there and she is looking forward to a better path forward for instances like this. She does not know what that is or any idea how that would work, but she has a good idea that a lot of people will let us know and advise on that. Certainly working with other cities through the Florida League of Cities is what she anticipates, doing some research to see how we compare in levels of fees and in levels of compassion. She did not want to opine on certain cases being that they are open and she demonstrates a lot of concern for the exposure the City has on the legal side of things. Commissioner Kynes stated she sat on the Code Enforcement Board for years, many years ago. She supports the Code Enforcement Board; they are citizens and give tremendous time. She thinks legally and she does feel it is an open case, so as a legality there is a balance between the use of your property and where it begins to impinge on the use and enjoyment of someone else’s property. That is the legality. Mayor Bujalski commented: Everyone has had a hard week. Our country, state and city are always a work in progress. She noted the back of a dollar bill has an unfinished pyramid and we are always unfinished, always working to become better, to do better. There could be things in front of us we need to fix and we do not always see them. She is not saying there are things in this situation, but she does think there are things that could be looked upon in the future, but as Commissioner Gracy said, the State makes the regulations and our Code Enforcement Board follows them. In addition, our Code Enforcement Board, as has been said, are residents of Dunedin; they are making the decision to hand down on code enforcement on their own neighbors, so that is not this board doing that. The Commission has very little to do with code enforcement and it is built that way by design because it needs to be fair and impartial and treat everyone the same, no matter who they are; if you are a celebrity, if your main house is in Clearwater, everyone is treated the same. She commends the Code Enforcement Board because that is a hard thing to do when you are handing down a judgment on what could be your own neighbor. She is concerned about the news. What makes Dunedin special is the people who live here, she thinks we are very unique and a group of people who sometimes can be like a dysfunctional family, but we love and care about each other and know peoples’ names and/or faces. We are a very strong community. It was difficult when the ABC News story came out because it was so one sided; they called at 4:45 for a comment when their newscast was at 5:00 or 5:30 and left a message for, she was told, a low level Code 12 Enforcement person who was in a meeting at the time and the City closes at 5:00 p.m., so 19-6 Work Session Minutes Dunedin City Commission May 14, 2019
there was no opportunity. They had spent the whole day crafting their story and editing their video and waited until the last fifteen minutes of the day to even ask. The Washington Post, the city is famous, they emailed her 12:02 a.m. Sunday night and their story ran at 6:00 a.m.; she slept and did not even see it. This is what they are doing, they are picking up on the same story and not even expanding on the story, just picking up on the Associated Press and it is going viral. She supposed that is the way they are and they can do that; even the Tampa Bay Times had their story written by the time they spoke with her and just inserted a couple of comments and talked like they were going to do a follow up, but that has not occurred and she does not think it will. What is concerning to her is that as a strong community everyone bit into it and as a protection mode she understands, we care about our neighbors, that was good to see; she can’t remember when she has seen how many people wanted to go mow this gentleman’s yard and that actually made her feel pretty good that is the kind of community we have. The City of Dunedin would never in a short term period try to take someone’s house for not mowing their grass once; what benefit to the City would that be and the City’s laws would not allow it; the State laws would not allow it. Words matter, what they put on social media and some of the emails and to staff, she thinks the Commission has broad shoulders and get it all the time from big and little things and get used to it to a point, but not staff, they are doing their job for the love of public service and that was pretty sad. Her family got threatened at her home with bodily harm and had to have the police out twice, they are patrolling her neighborhood and she has been called a Zionist, Marxist, Jew thief and a few other words she probably can’t repeat and she is not the only one, she is sure everyone received these kinds of communications from all over the country. She just hopes the world becomes a little more of a caring place because we do care. Our Code Enforcement Board cares for both sides; there is the gentleman or lady who goes through the actual code enforcement issue and then there are the neighbors. Just two months ago that same news station did a story that we did not do enough code enforcement on a property on Pasadena, the same station and there were issues with their reporting on that also, it was one sided. That is their job to make headlines, she just thinks it is important to go back to remembering who we are as a community, a great community of special people that love our neighbors whether they have broken a code violation or not. The City does have the opportunity to mow peoples’ lawns and put it on their taxes, the City does that in certain cases, but she thinks after hearing the City Manager lay out the statement of fact, you also have to want to help yourself a little. The City does have those opportunities and they will be looked at more and certain things with fees. She also does not want to say too much as the City followed the current law as it is set forth that the City did not create and has no control over, but we can always do better and we will. She reiterated wanting to treat everyone fairly. She has had a lot of people ask why we have not put out a statement on Facebook; after the visceral social media that has happened for the last five or six days she thought the thinking was staying off social media was a better choice, they did put out a press release which no one has picked up on yet, so here we are using the City’s own means of communication and she hopes that helps everyone understand. 13 CITIZEN INPUT - None 19-7 Work Session Minutes Dunedin City Commission May 14, 2019
2. CONSENT AGENDA 2.a. Approve the minutes for: A. April 2, 2019 Work Session B. April 4, 2019 Regular Meeting C. April 18, 2019 Regular Meeting 2.b. Approve the Board and Committee Appointments/Reappointments A. Architectural Review Committee - Appoint Roger Leibin to be appointed as the alternate to finish a three year term that expires January 2021. B. Arts and Culture Advisory Committee - Appoint Ray Bouchard to move from Alternate member to Regular member to finish a three year term that expires January 2022; appoint Carol Cartwright as a Regular member to finish a term that expires January 2021,and appoint Mary Childs as an Alternate member to finish a term that expires January 2022. C. Board of Adjustment and Appeal - Appoint Alternate member Pat Morea as a Regular member to finish a term that expires December 2020 and appoint applicant Kathleen Sands Martin as an Alternate member to finish a term that expires December 2019. D. Code Enforcement Board - Appoint Douglas Byrne as an Alternate member to finish a term that expires September 2020. E. Social Services Committee - Appoint applicant Chantala Simmons as a Regular member to finish a term that expires May 2021, appoint applicant Kimberly Tucker as an Alternate member to finish a term that expires May 2021 and appoint applicant Sandra Sunter as an Alternate member to finish a term that expires May 2022. MOTION: Motion was made by Commissioner Gracy and seconded by Commissioner Kynes to approve the Consent Agenda as presented. VOTE: Motion carried unanimously. 3. ACTION ITEMS 3.a. The proposed agenda for the June 4, 2019 Work Session Staff recommends to approve the agenda for June 4, 2019 Work Session Commissioner Gracy requested an excused absence for the June 4, 2019, Work Session; she will be in Israel at that time. MOTION: Motion was made by Commissioner Kynes and seconded by Vice-Mayor Freaney to approve an excused absence for Commissioner Gracy for the June 4, 2019, Work Session. VOTE: Motion carried unanimously. MOTION: Motion was made by Vice-Mayor Freaney and seconded by Commissioner Gow to approve the agenda for the June 4, 2019, Work Session. VOTE: Motion carried unanimously. 4. WORKSHOP ITEMS 4.a. City Hall - Phase I presentation to Commission regarding site locations Presenters: Economic & Housing Development/CRA Director Ironsmith; Amy Weber, AIA, 14 Harvard Jolly; Ward Friszolowski, AIA, Harvard Jolly and Deputy City Manager Hutchens 19-8 Work Session Minutes Dunedin City Commission May 14, 2019
Mayor Bujalski explained the Commission would only be giving consensus direction on this item and no decisions will be made. City Manager Bramley advised this discussion is looking for consensus direction from the Commission on the four options to be presented. Details still need to be worked out and will be the next step, then financing and so forth. Today City staff needs to know the general direction which might be one option or a combination of options. Economic & Housing Development/CRA Director Ironsmith advised there are four options to locate a city hall with 37,500 square feet. The City staff is looking for consensus direction as to where the city hall campus should be and moving forward with the scope of services. Mr. Friszolowski reviewed the interactive and relatively lengthy process for the new city hall including a Listening Session at the Library with good attendance, information and comments from the public. It also included working closely with the City Manager, Department Directors and City staff in many meetings to consider the right size of the building in consideration of the current staff needs and future projections, then efficiencies consolidating three groups currently in three buildings into one building. He thereafter presented the PowerPoint Presentation, City of Dunedin New City Hall included in the agenda packet. Project Scope The new 37,445 square foot City Hall will replace the existing City Hall, Municipal Services and Technical Services buildings. Parking garage will have 140 spaces for staff, 160 spaces for public use during the day; and approximately 300 spaces which changes depending on the site and configuration. Buildings will be located on the two blocks which is more land than is really needed to consider where the best place is for the City Hall, Parking Garage and possible opportunities for the City to sell some of the land to help with overall expenditures. Ms. Weber continued: An aerial view of the existing site and a graphic depicts the current location of the parking lot and buildings. Evaluation Criteria A set of criteria was developed in order to evaluate the four options. Cost – construction, furniture, fixtures and equipment, A/V, IT equipment, fees and soft costs, demolition of the existing buildings as well as solar energy and public art. Their partners looked at valuations of the remaining land on the site which is incorporated into the overall cost of each option. Financial Risk – Private development is a part of any of the options if the City wants to sell the land; in some cases the City has to put some money into building shelf space for that private development meaning some financial risk for the City. Iconic Architecture/Prominence or Visibility – Neighborhood Impact: Traffic Circulation and Compatibility – There is residential area directly to the south on Wood Street. Redevelopment Potential – The remaining land in each option is viable for redevelopment and will be desirable to developers. 15
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Mass/Density/Height - They want to make sure this design is compatible with the neighborhood and surrounding development. Option 1 Option 1 – Ground Floor (Graphic) City Hall is on the east block in an L-shape configuration with a 2-level office building. Level 1: “One-Stop Shop” will be all departments with a lot of interaction with the public; the second level will be more administrative departments; The single story wing is for the Commission Chambers and associated functions including public restrooms and small connector lobby area. The reason for this configuration was to make sure the Commission Chambers and those associated public spaces can be open outside of regular business hours, so that wing and the lobby can be open, but close off the entire office side. This also allows for two entrances to City Hall, one would be the “ceremonial” off of Milwaukee Avenue and the other more “functional” with the parking lot being on the west block most people would coming from that direction and would enter through the plaza. The parking garage on the west block shows 35 spaces on the ground floor with the rest of the building available for development that would be the shell space which in this case the City would have to construct as part of the parking garage project. A restaurant is shown on the corner of Highland and Virginia, probably the most desirable location on the site and office space is shown along Virginia. Space was also reserved for development of townhomes on Wood Street providing a residential buffer between the residential neighborhood off Wood Street and the development of the City Hall and parking garage. The townhomes would be an out parcel the City would sell off and work with a purchaser to develop; the City could control what they wanted that to look like. Option 1 – Second Floor Three (3) elevated decks of the parking garage with 100 spaces each for a total of 335 spaces for the entire garage. Some of those spaces would have to be dedicated to the businesses. For any of these options additional decks can be added to the parking garage; the goal was 300 spaces. Level 2: Administration offices Option 1 – Cost – This option would be approximately $27,510,680; Solar on top of the parking garage is an additional approximately $2,500,000. Option 1 - Pros The entire site is master planned. It has a “campus-like” feel for the City Hall which was heard in the public listening session. Residential buffer is on Wood Street. The parking garage with the commercial development at the ground level and the parking decks stepping back creates a more friendly façade at the pedestrian level and makes a more walkable street. 16
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Option 1 – Cons The City must build shell space for commercial development that is a potential financial risk to the City not knowing how soon that would sell. City Hall being on the east block is not as visible from Main Street. It is the most expensive option because of building the shell space. Option 2 The City Hall configuration is the same as Option 1. The parking structure is 2 elevated decks at 90 spaces per floor for a total of 270 spaces as there would also be parking on the ground floor of this option. This option does not have any retail or office shell space; it is strictly a parking structure, but it could be articulated in a way that it does not just look like a parking structure. It can be made to look architecturally nice and fitting in a neighborhood. This option allows for the City to sell off the entire western half of the west block. That would be 32,000 square feet available for sale. Their understanding from their consultant is it would most likely be a multi-story mixed use, multi-family or hospitality development with some commercial at the prime corner of Virginia and Highland. Option 2 – Cost - This option would be approximately $24 Million and an additional $2.3 Million for Solar. Option 2 - Pros In this option the most desirable portion of the two parcels is available for sale, that western half of the west block being so close to Main Street. The City has no financial responsibility for that parcel, but still retains control to choose the type of development that available parking could also be surface parking for the City until it sells. This option still has that “campus” like feel for City Hall on the east block. On the northwestern corner of the parking garage is vertical circulation for the parking structure, but it could also be a tower element such as clock tower that draws you into the site, is visible from Main Street and sort of hints that City Hall is in that direction. It still gives some prominence to City Hall. This is a lower priced option. Option 3 Both the parking structure and the City Hall on the west block. The parking garage is the same configuration as Option 2. City Hall is more of a bar shaped building on the western side of the west block with the 2- story office structure and a 1-story Chamber wing with a connector lobby that in this case has an entrance off of Highland Avenue close to Main Street and off of the plaza between the parking garage and City Hall. This allows for selling off the entire east block which is about 69,750 square feet available. That would most likely be a multi-story, mixed use, multi-family or hospitality with some commercial on the first floor. Option 3 – Cost – This option would be approximately $24 Million with a potential $2.5 Million 17 for Solar. 19-11 Work Session Minutes Dunedin City Commission May 14, 2019
Option 3 - Pros A large parcel would be available for sale. The City has no responsibility for the development of the parcel for sale, but would still retain control in the type of development. The available parcel can be surface parking until it sells. In this option City Hall is highly visible from Main Street This is a lower price option. Option 3 - Cons Development of the City Hall blocks is rather dense for this area. The narrow footprint of City Hall may not appear as iconic as the other options. There is no opportunity for commercial development close to Main Street. The question is whether or not City Hall is the highest and best use of the prime corner. Option 4 City Hall is on the west block very visible from Main Street. Space has been allowed for a restaurant as that corner is prime space for that use. The plaza would be shared by City Hall and the restaurant. The parking garage would be on the east parcel with 2 elevated decks. Option 4 – Cost – This option is approximately $27 Million and because the footprint of the parking garage is larger, the Solar power would be approximately $3.26 Million. Option 4 - Pros City Hall is highly visible from Main Street. There is still an opportunity for a restaurant providing for there still being activity after normal business hours for City Hall on that corner since the plaza could be seating for the restaurant as well as serving City Hall. Option 4 – Cons The entire east block is a parking garage that might not be desirable to the neighborhood. There is very limited land for sale, the only opportunity would be the restaurant. There are concerns about service access for the restaurant and how functional and desirable that will be to a restaurateur. This is a more expensive option. The parking garage with the idea of serving the businesses on Main Street, it is further from Main Street; therefore, not as desirable for that purpose. Schedule Schedule for each of the options is provided in a graph with the parking garage being completed November 2020 and City Hall completed September 2021. Comparison of Each of the Options (+ and – shown in the PowerPoint) Option 1 they think is well designed for the neighborhood and fits in well. The redevelopment potential is high with the shell space and parcel for the townhomes. The cost 18
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is more and there is financial risk for the City. City Hall may not be as prominent and it is a taller parking garage. Option 2 they think is a lower cost option with no financial risk for the City. It is a prominent location with the tower element on the parking garage. This is a good option for the neighborhood impact holding the parking garage further from the residential neighbors. Redevelopment potential of the western half of the west block is very high. In terms of mass, density and height it fits well into the neighborhood. Option 3 is a lower cost option with no financial risk for the City. City Hall is very prominently located on the western half of the west block. Due to the mass, density and height of this option they think it is not a great impact on the neighborhood. The redevelopment of the eastern block is not as high as the west block. Option 4 is a higher cost option. There is limited financial risk to the City. It is a very prominent location for the City Hall; however, they think the neighborhood impact and the mass, density and height are not as good with this option. Redevelopment potential opportunity is on the restaurant. The last page of the PowerPoint provides each of the options on one slide for comparison. Commission Questions In response to the question from the Commissioner Gracy regarding infrastructure, Mr. Friszolowski advised: Regarding infrastructure a survey was obtained and Harvard Jolly works closely with the George F. Young firm. As they developed all the options they reviewed the surveys not only for utilities and available utilities, but also the concern for stormwater retention especially for Option 3 and the feeling was they could deal with stormwater retention on any one of the options; however, did share that Option 3 was probably the most challenging from that standpoint. In response to the question from Vice-Mayor Freaney regarding only Option 4 having angled parking, Mr. Friszolowski advised: It had more to do with there being more available land and selling off less land and there was more flexibility. It is not that angled parking could not be done on some of the other options; however, adjustments would have to be made. In Option 3 they tried to maximize the parking garage and with angled parking they would have had to tighten the parking garage and get fewer spaces in the garage. Option 4 provided the most flexibility because of taking up the most amount of land. Vice-Mayor Freaney verified with Mr. Ironsmith that angled parking is always considered a good thing and creates an activity center. There are variations that can be done. In response to the comments from Vice-Mayor Freaney regarding the higher cost factor in Option 4, Mr. Friszolowski advised: It is the biggest parking garage in terms of the number of spaces with 370. Solar changes with each one of the options, but that is only a factor of trying to maximize the top level of the garage. In Option 4 solar is the most expensive; however, it is correct you do not have to do that much solar. For this parking garage they tried to maximize the site; in terms of fairness and cost if we wanted to equate better, one to the other, there could certainly be a smaller parking garage and that would bring down the costs. 19
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Ms. Weber noted in this option because only the restaurant is available for sale, the City is not getting as much back potentially for selling land, so that factors into the cost as well. Vice-Mayor Freaney pointed out regarding Option 4: Basically the cost differential of these two becomes $410,000 and that is the difference in what would be sold off; that is the only difference in cost and you don’t have to move the people with Option 4, you do if you take Option 2, and under the cost section it is to be determined what that cost is going to be. She would argue that is pretty much of an equal cost. She just did not want it to be a negative cost when it is really the same cost. In Option 4 if there is not this huge footprint of a parking garage, which it does not have to be, and could go back to the same size as Option 2 and have more space, for even townhomes for example on Wood Street on that one side. She did not understand the negative neighborhood impact there, part of which she thought was the huge footprint of the east block being all parking garage that does not need to be that massive. For her the only negative there is the redevelopment potential, agreed it is the least amount of space to sell off which she thought at the listening session was not the citizens’ first priority. Commissioner Kynes expressed concern regarding the size of the parking structure and noted, for example, at the Artisan at least half of theirs is underground which does not get the bulk. She would like to see from a side view how big it will look in that master plan. She had an issue with whether or not this is trying to be all and end all of parking on one site; she does not think that is going to happen and that eventually there will be a third parking somewhere. In that case does this have to be a plan for anticipated needs for so many years. Another concern is for a really good buffering between the neighborhoods; the townhomes are interesting. She also questioned how big the parking garage needs to be in Option 4; she thought Option 2 was less. Mr. Friszolowski advised they could develop heights or develop them further; they were hesitant to try to develop all four options further. Commissioner Gow noted most of the discussion seemed to be about parking spaces, Mr. Friszolowski clarified: Option 1 has 35 spaces on the ground floor and then 3 elevated decks at 100 spaces each for a total of 335 spaces at 4 stories. 3 stories are elevated, one is not technically underground, but hidden by retail and office. In consideration of protecting some of the Public Works specialty vehicles on the first level they went with a taller 1st floor of the garage at 18 feet and any story above that is another 10 feet each and then there is a parapet at the top level to hide the cars and headlights. Option 1 would be a little over 42 feet. Option 2 is the first elevated deck at 18 feet, the second elevated deck is at 28 feet and then 4 feet would make it roughly 32 feet. Option 3 would also be 32 feet for the garage. Option 4 Ms. Weber clarified in Option 4 since that is a larger footprint for the garage they were trying to keep the height of this one lower. The first elevated deck is not the entire area as shown; it is cutaway so there is a double height space for the taller vehicles, so 20
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that might relate to the question about the number of spaces; in this case each deck is only 10 feet instead of the first one being at 18, so this garage is 24 feet and the City Hall is 34 feet. Those heights do not include the height for the solar facilities; that would depend upon which option. In response to the question from Commissioner Gow, Mr. Friszolowski advised the cost difference for the 18-foot height on the first floor versus 11 feet did not have an exact cost; however, explained it is relatively nominal depending on how it is articulated because it is only paying for a few more feet of vertical height, no more lighting and other factors. Commissioner Gow clarified with Ms. Weber that the design for garage for Option 2 and Option 3 are the same design. He asked the setback, especially on Wood Street between Option 2 and Option 3 and Mr. Friszolowski advised originally they had an option 2a and 2b which they morphed into one because Option 2a was longer and getting closer to Wood Street and Option 2b was pinched in even more than this Option 2. Ms. Weber noted for Option 3 there are 100 spaces per floor where Option 2 has 90 spaces and Option 3 could also be the 90 spaces per floor and be a little smaller footprint. In responses to the question from Commissioner Gow regarding the possibility of switching the location of City Hall on any of the options in terms of the 2-story building having less impact on Wood Street, Mr. Friszolowski noted it could be done; however, that changes where the front door is located which they think would not be good to change the front door access with the visibility to Main Street especially for Option 3. Ms. Weber pointed out consideration as to whether or not the plaza will be a noisier and busier space and if it would be better to have that facing Wood Street or the 2-story office building. Commissioner Gow asked if there is any coverage from the parking garage for inclement weather and Mr. Friszolowski stated there is none currently, but it could be incorporated. Mayor Bujalski commented she agreed with some of the things that had been said and noted her overall concerns: Extra parking is needed and one reason for increasing the numbers was not knowing how much parking the City will actually get at the Gateway project and with the revitalization of the east end to be sure there is enough parking where currently there is 200 spaces being used that is more or less from west of Highland hoping that the east end revitalizes with the money being invested, almost everything on the east end has only street parking, so additional businesses in that area are going to require additional parking, so having the extra parking is important. That is not at the cost of everything else; however should be kept in mind. She likes City Hall where it is located; she thinks the neighborhood is used to it and it is no bigger than what it is today because Technical Services is a 2-story building. She is leaning toward Option 1 thinking that we can still get more creative with it other than City Hall, how the rest of the parcels are done and removing the City’s risk. She has heard from City staff there is risk in the City building its own retail; she does not think the City has to do that and that instead of selling the townhome portion, sell the entire piece and indicate what the City wants or some variation of this and let a developer build it and take the risk. She thinks that needs to be investigated more as to what can be done if it is not the City building it. That would not slow down the City Hall portion as it is important for the City 21 19-15 Work Session Minutes Dunedin City Commission May 14, 2019
employees not to slow that process down. Ideally it would be great to have the whole thing wrapped up into a deal, but not in consideration of slowing it down for the employees. She does think some kind of combination of restaurant/retail is very valuable there. Usually with a developer they will go out and market the space to build and in general have it preleased which the City does not have those capabilities and would have to hire someone to do that and the City does not want to be in that business, she agrees. The City could still have ownership of the garage and have someone else build the whole thing and they can make their money on townhomes, retail and so forth; the cost of the land goes toward building the garage and maybe it won’t be as tall in consideration of the concerns heard. The idea of the California Wrap she thinks is still of value and she does not think it has been taken far enough to look at how to get it done where it alleviates the risk. She also thinks a master plan without an empty piece of property gives the neighborhood some certainty of what is going to be there which she thinks is important in that a vacant property she thinks might upset people and then all this has to be gone through again when a developer comes in with what they want to do. In reference to the Community Redevelopment Agency Advisory Committee (CRAAC), they said in almost a complete split vote it could be taken either way. She likes the buffer and the idea of the angled parking is something she had not thought about previously and maybe around City Hall where there is some green space, not to take it all up is a place for that in terms of convenience for City Hall to be able to stop in quick as opposed to having to go into a garage that takes longer. She agreed with consideration of some type of cover for residents to get from the parking garage in inclement weather. Her concern about Option 2, besides the neighborhood knowing what is going to happen; whatever is built there, with the 270 spaces when there currently are 200 spaces, during prime time, everyone knows whatever goes there with the by design low requirements of parking to begin with, if there is a restaurant or two they will need more permanent parking. Whatever extra parking there is in Option 2, she thinks if there were some type of retail/restaurant it will take up some of that extra parking. Now the City has paid $8 Million for a parking garage that does not give any more parking than there is today. Even though it is a 65 space difference between Option 1 and Option 2 that makes a difference in talking about low parking requirements for retail/restaurant and their need for extra parking. She summarized those are her concerns about building the garage without knowing what is going to be on the vacant property. She likes the idea of a master plan and finding a more creative way to get the concept of Option 1 to give the neighborhood certainty to have enough parking for whatever is going to be built there, to have the buffer, to have the activity on the corner and she thinks some angled parking would be good. Citizen Input Lynn Olson of 723 Louden Avenue commented regarding angled parking, if it is on the street, her concern is the way it is now when you cross Louden and stop, you have to go into Wood to be able to see the cars that fly down Wood Street one way; so that angled parking blocks the view. Regarding the height there is already the 2-story Technical Building that is an eyesore, so anything will be nicer, but she understands that having it much taller would be a concern. Option 2 does extend the downtown area longer than now, which would be fine. 22 She questioned what is at the ground level of the garage, what will that look like and what 19-16 Work Session Minutes Dunedin City Commission May 14, 2019
the setback is and what is in front. Also, what is the walkway looking thing in Option 2 that goes from the parking garage over across Louden that is not in the other pictures. City Manager Bramley explained that walkway mentioned is at surface crossing into City Hall from the parking garage. Mayor Bujalski explained the ground level architecture is not known yet, this is only the placement and it depends on which option is selected, but whether or not there is retail/restaurant on the ground floor, the garage will have some type of architectural façade to make it look better when it comes to that stage. Glen Turpin of Wood Street across from the current parking lot stated it would seem that where the Municipal Services Building is now everything could be there, City Hall and parking, all that and then where the parking lot is now, sell it off and put in a restaurant and let them develop that. There are 5 houses on the west end of the street where there are 2 houses on the east side and they have been looking at that ugly building forever, so whatever is put there, he thinks they would be ecstatic. Personally, he is not going to be thrilled no matter what is put across the street from him, because there was a church which he loved, but that is gone and now the open view has been wonderful, plus two years of construction does not excite him. Ralph Shenefeld of 503 Wood Street stated he has shared his view on this with each of the Commissioners which is on public record. He expressed appreciation for the comments regarding the mass and scale particularly for the garage in Option 1. He thinks the most iconic feature in any of the options will be the parking garage because it is massive which he thinks is a mistake. Obviously, he does not want a restaurant in his front yard; it is already noisy enough until 3:00 a.m. He clarified with Mayor Bujalski there are no plans for paid parking in the garage which he noted paid parking just forces people onto their streets which never works. He liked the Mayor’s comment regarding the piece in Option 2 for whatever due to the uncertainty and going through this again and it effects property values not knowing what is going there, so the sooner it is resolved the better opportunity he has to decide what he will do for his family and future. He lives in the house on the corner of Highland and Wood. Option 2 is not an option for him; a restaurant in his front yard is not an option for him. When this was first discussed at the Library the bullet point of neighborhood impact was number one, being good neighbors and making sure there was plenty of buffer; however, the only buffer he sees is in Option 1 and he thinks the townhomes in maybe a Craftsman style would be a great buffer and would sell; he would like to see them extended throughout Wood Street so people who have been looking at the ugly Technical Services Building would look at a porch with people instead and people want to live here, so the more and better quality housing stock the city has the better. He also liked the Mayor’s comment about addressing the City’s risk, simply eliminating that option simple because of the risk of building a shell and not being able to fill it; there should be other creative and innovative ways to manage that. It is exciting and scary with this massive project right in their front yard and many neighbors will be affected by something that will last for many decades. Tony Arnold of 715 Highland Avenue commented Dunedin is supposed to be famous as the most walkable town and he is baffled as to why there needs to be a parking garage and so much parking to save people from walking. He thinks the more that is put on the periphery the better, maybe at the Gateway area. While it is a matter of convenience, if the amount of parking needed can be reduced to what was suggested at the Library meeting, 200 or so; he 23
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has not heard anyone talk about that all that parking becomes available in the evening anyway as the City’s business is concluded at 5:00 p.m. Also, it seems in all four options you could flip flop from north to south the 2-story part of the building and the 1-story Commission Chambers that fronts the residents of Wood Street with a 1-story building and also puts the park like campus area next to Wood Street where they would not have to look at a 2-story right outside their front door. Diana Carsey of 518 Virginia Street stated they like Option 2. She referred to Commissioner Kynes’ comments regarding elevations and was not sure that question was really answered. She is also looking for elevations, and parking below ground would modify the elevation and she would like that to be clarified. She thought Option 2 had a softer edge for this end of town; it has potential for creating a space that looks like the center of town and the lay out concept is good and the smaller footprint of the garage is interesting and looks like that option has the possibility for development on the north side of that square. The two-year construction schedule they know is going to take time and as for sound and noise, if they open a door they hear every party, every parade, all the music and sometimes amazingly personal conversations, but when they close the door in their house they hear nothing. They miss events by not hearing them because they have the new impact glass. Bob Henion of 860 Loch Linnhe Lane, Unit #115 referred to the comments by Commissioner Kynes about the elevations and profiles and stated it really has not been taken into account, when adding all those levels, the slope of the land. That really factors in and with a parking garage at 3 or 4 levels at the west end; it really is down 10-foot lower than if it was on the east block. Deborah Matthews of 646 Scotland Street expressed her concern was the increase in the number of parking spaces and it sounds like it is a done deal. She thinks we do need to build a City Hall for the community. Parking does need to be taken into consideration for people to visit, but she is on her golf cart on a regular basis and most of the time the parking lot where the Baptist Church was is not full; for specific events it is. She does not think there would ever be enough parking created for Mardi Gras, so they park in the streets three or four times a year. Most of the time that many parking spaces are not needed and that affects what we need to create overall in terms of price and what it is going to look like. She is very against Option 4; she does not want a parking garage kitty-corner to the block where she lives. Keep it down where you want people to go. She prefers Option 1 that keeps more of a community feel. There is already major infrastructure sort of surrounding the little downtown section on the east side and they do not need any more. She has seen the California Wrap and there is just so much you can do to make a parking lot look pretty; she appreciates the efforts. She is concerned about the vacant parcel on Option 2 because you don’t know what will be created there; it is not going to stay vacant and she would rather have control, as in Option 1, on what is going to be there. In Option 4 for the parking if it was decreased, and she hopes the Oak trees can be protected, it brings people further into their residential community. Nathan Murray of 505 Scotland Street commented this is forward thinking for the years ahead for Dunedin and also for the economic development of the city. He is in favor of Option 1 thinking about the retail component and the value of that east block. He spends time on the street observing and enjoying the city; at this point Main Street kind of ends at The Living Room and Pisces and then people walk back. That is all good now, but thinking 24 about the extension of what Dunedin is and people wanting to come and walk and spend 19-18 Work Session Minutes Dunedin City Commission May 14, 2019
money. He likes the buffer of the townhomes along Wood Street and also the idea of extending that for all of the two blocks. Gwendolyn Campbell of 318 President Street commented though she does not live in this specific area she did have questions. With all the parking plans was there any plan for golf cart parking. Also if the parking was on the east side could there be a plan to make the first level somewhat underground so the height would not be so obstructive to the people living around it. Mayor Bujalski noted there is some golf cart parking in the other garage and supposed there would be some in the plan for this one as well, maybe with a charging station. In terms of the underground, Mr. Friszolowski explained they looked at options for underground parking; however, they did not seem to be working out. They looked at the west site more than the east site, but had alternatives that were not gaining a lot with one issue being access from only one side and keeping the ingress/ingress away from the retail of office space. Ms. Weber advised for all options the vehicular entrance to the parking garage is off of Louden. Mayor Bujalski commented that is a problem because of the one-way streets and suggested since Highland is a collector road that is where the traffic needs to be. City Manager Bramley noted once the Commission decided on the locations there is within the scope, which is the second phase, a traffic study for how that will circulate. BREAK 11:02 A.M. – 11:14 A.M. Commissioner Gow stated he liked Option 2, but wanted to see if the parking garage could be expanded west, not move it; what is the impact on the ability to develop from the standpoint of a developer. He noted the extremes of little retail on Option 1 and what appears to be a large amount on Option 2. Mr. Ironsmith commented there would still be sufficient depth for some storefront or restaurant if it was half way, so both could be done; he thought the thought process for leaving that amount of available land was for a developer creativity even though the City ultimately controls; from the Collier report it talked about restaurant and even lodging and some retail/office and create walkability and an urban edge. Mr. Friszolowski explained the resultant space was more to do with getting close to 300 cars in the parking garage and in this case Option 2 there were 270 so that resulted in that amount of land left over for sale. In that case for Option 2 as compared to Option 1; Option 1 had what they call a retail liner; Option 2 is quite a bit more land so, Collier saw that more as a mixed use opportunity. It was not so much how much land they were trying to sell off as much as it was the resultant land once they accomplished the program with the size of the building and the parking garage. An example in Option 2 parking garages have certain dimensions that cannot be altered too easily like a parking bay; it could go one more parking bay west and that would leave a little more than half that lot left over; it would just reduce the creativity and amount of mixed use and of course the amount for the sale of the land that would be left over. Mr. Ironsmith commented with less land available it drives up the cost for the developer to come in terms of drainage, infrastructure and so forth and perhaps they would pay less for the land taking those things into consideration. Commissioner Gow referred to the solar cost noting the study has not been done to 25 determine how much solar will actually be needed, so some of the estimated costs might not 19-19 Work Session Minutes Dunedin City Commission May 14, 2019
be that much. Mr. Friszolowski commented they were just taking advantage of whatever size parking garage top deck there would be and maximize solar by putting it over the entire deck, but that would have to be done. Vice-Mayor Freaney asked realistically what would be the likely commercial going in there. Mr. Ironsmith commented certainly a restaurant on the corner; the reason for saying limited office there is not a lot of data on the office although there has been a lot of interest in the Courtyard with 19,000 square feet; it is more risky for a little professional office space, but there could be some demand. One of the benefits of leaving the vacant piece is to see what kind of demand occurs as a result of what the City is doing. He noted there are pros and cons for each of the plans. Lodging was also mentioned; however, he thinks the piece is not large enough for that activity and apartments need a certain number to be efficient. Vice-Mayor Freaney stated she has talked with some citizens and their thinking also is to not worry about how much land there is to sell, but how we want it to look. If after deciding what we want, if it is better to have about 50 spaces of angled parking which is going to minimize the need for how big the garage is, but is going to be more walkable. She thought this is an opportunity to create that same look a resident described as walkable, cool, campus like and artsy as opposed to “iconic.” She thought that this is difficult because the City requires developers to come in with pictures and the whole dynamic of how it is going to look. Vice-Mayor Freaney asked if angled parking would be worked into any option selected. Mr. Ironsmith commented he liked angled parking more on Highland that is a major collector street; parallel is fine; angled is more user friendly. He would look for some potential, but would not say it is definite. He thought the angled parking the City partnered in at the Artisan factored into the activity zone that was created there. He thought also there could be a time limit in a couple of spaces for those who are running in and out at municipal services so those spaces are not taken up all day. Vice-Mayor Freaney asked for more explanation of the entrances, particularly if they are on Milwaukee. Mr. Friszolowski advised: Option 1 – the front entry would be between the Commission Chamber wing and the 2-story wing with that connector piece between, so there would be two front doors. One would be the more formal front door on Milwaukee and the other would be from the courtyard area coming from the parking garage; that lobby area then would have two front doors. That also allows for thinking about the flexibility in how the building operates, access, security and so forth. Commissioner Gracy asked the price of a parking structure space and Mr. Friszolowski stated they estimate $22,000; however, clarified having done over 60 parking garages and some can be done more economically if it does not matter how it looks, just a functional parking garage is a lot less and it can go all the way up to one that does not look like a parking garage and that was higher than that; there is a lot of complexity and a big range and this is the mid to slightly higher range expecting not to look like the economy parking garage. Commissioner Gracy asked for some information regarding protections for the chambers although this is not at that stage yet. Mr. Friszolowski noted they have not gotten into those details; however, the dollar per square foot being allowed for this building is allowing for a very robust one that will function well and it could be done for less, but they have been listening and factoring the comments into the cost. 26
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Commissioner Kynes inquired what the trend is in parking garages and the range their company does most. Mr. Friszolowski commented it depends on what the client wants, an example is the Florida Gulf Coast University for their student housing and they did not care what they looked like, just a basic economy and some were 800 or up to 1200 spaces and another example is the State Street parking garage on a tight site in a downtown atmosphere that drove the cost up and they did not want it to look like a garage, which drove the cost up. He would say the trend if closer to a downtown is to disguise it and to not go too small because the smaller, the more you pay per space, there is economy of scale. Everything they are proposing here is smaller than the structure in Sarasota. Commissioner Kynes pointed out she thought the biggest collector road is Milwaukee. She did look at whether there was a way to do a smaller footprint garage and do some kind of wrap buffer. Commissioner Gow commented that depending on where he is it seems there is a difference in the size of parking spaces. Mr. Friszolowski commented some people try to fit in lots of compact cars and they would not be doing that and recalled these are all 9’ x 18’. Ms. Weber advised they followed Dunedin’s code. Mayor Bujalski commented she thought she was hearing some consensus to include: The idea of angled parking is good probably on the collector roads depending on the traffic study as well as the entrance to the parking garage depending on the traffic study. How many parking spaces are needed and how can the architecture mask that and the cost to do that because at this point the presentation is one big block. Going back and forth between Option 1 and Option 2 with the matter being whether to leave the property open or have a concept and market it in some way or find some way to alleviate the concern of risk. She thought everyone thought there is going to be some level of retail on that piece whether it is Option 1 or Option 2. Mayor Bujalski suggested maybe the Commission ask for them to go back and look at Option 2 because of the reduction of risk and look at Option 1; figure out the angled parking and how much space that takes away; figure out how many parking spaces are actually needed in the garage; the bulkiness of the garage and how to mitigate some of those risks. Is there some way to give some certainty to the neighborhood with Option 1 versus Option 2. It is a matter of answering some additional questions and combining it to some degree or another. Commissioner Kynes thought some of the Commission talked about buffering and hopefully it can be decided there needs to be a buffer between the neighborhoods. Mayor Bujalski agreed and noted not as much buffer is shown in Option 2 because of not seeing what the whole property looks like; whereas more buffer is shown in Option 1, but it is really just a visual not knowing what Option 2 will be and there is also the idea of mixed use, so either way it will be taller. Mayor Bujalski noted the issue of golf cart parking was heard. Commissioner Gow noted the suggestion to flip the City Hall to add more buffer to Wood Street. Mr. Friszolowski explained physically it is a possibility to do that; however, in order to do that then the courtyard area seen as potentially active at times is then going to be on that 27 side; while it seems like a good idea; he thinks it will not achieve the City’s goal. The other 19-21 Work Session Minutes Dunedin City Commission May 14, 2019
thing is the Commission Chambers will be about 1 ½ stories depending on how it is massed out, but the activity center where the front door is and that courtyard area seen as potentially being active at times would then be facing toward the residents. Mayor Bujalski noted right now it just looks like a big box and referred to the photograph in the PowerPoint that is 2-stories which in looking at it is not as offensive as the existing building that has no character, not that she is saying that picture is what it should be, although she does like it, just that it gives a lot of dimension and depth and much different than the building that is there, so if we do our jobs right architecturally, but that is a piece we are not at yet. It is the same with the parking structure that will look as good as we can make it, but right now there is just not the visual and the cost of that has to be considered. Mayor Bujalski thought there could be another look at Option 2 and address some of the concerns with Option 1 and come back with some additional answers. Mayor Bujalski expressed another concern in that she does think it is important to have enough parking; it does not sound like the City will be able to get full time parking reserved at the Gateway, but that is not known yet and it is going too far away, not like on the corner of Milwaukee and Main Street. There does need to be enough parking; however, she does not want to end up on the opposite side. Today there are 200 spaces on the surface lot and if the City is going to pay this much for a lot and sell off some of the land or use some of the land for something else and build a structure it has to make financial sense to go into that cost per space versus the lot that just sits there that already has 200 spaces, the math has to work and support the future revitalization of the east end to some degree. Vice-Mayor Freaney asked if the other Commissioners were pretty much in favor of the campus look for the east block for the facility. City Manager Bramley noted City staff was looking for that consensus direction today and with that direction they can move forward on that aspect and get to the other things. Commissioner Kynes noted her struggle between 1 and 4. Vice-Mayor Freaney stated she struggled as well because she was sort of in the mode of minimal sell off of property, keep the maximum land, make it the Dunedin walkable look, angled parking, keeping the height and mass down that way; the City has complete control. Then she goes back to the other side which is bringing more of the downtown feel into that area and she was very interested in Ms. Carsey’s comments because they live right there and she in a sense wants that a little bit of the downtown feel; the garage is closer to the street that way and while she understands the point of flipping the city hall location; however, thinks if everyone was settled on the east block, the courtyard is key because then some cool signage could take you right to the courtyard of the city hall building that would sort of make it feel like it is part of the Downtown. Commissioner Gow agreed. She noted also the comment to be cautious because the courtyard next to the citizens might actually be worse. She struggles with the thing about not getting caught up and thinking are we really going to bring a downtown feel there because the economic study tells her retail is not going to be that great there and office is not going to be that great there and a hotel is not, so that leads back to getting a nice restaurant there, keep the rest of the land and let’s do our thing. It is difficult because it is a long term decision. Commissioner Gracy stated she understood Vice-Mayor Freaney’s question now. 28
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Vice-Mayor Freaney stated if the other Commissioners were feeling solid about the east block then that gets her off of other issues. Commissioner Gracy stated she is solid on the east block; she thought about Option 4 a little; she would like the restaurant, but the parking garage that is supposed to serve the activity center of Main Street of the downtown is to extenuate it east. That is where a lot of the conversation is starting, talking about a building and really talking about the function of parking on that real estate. Vice-Mayor Freaney noted originally that is what the property was bought to be, a parking garage wrapped and the municipal center was envisioned somehow. She has wanted to make it more Main Street central so you did not have to look for City Hall, but she thinks based on that courtyard and signage you could do something very cool that still makes it very clear where to go that is walkable and campus like feel for the consolidated building and a courtyard to sit in if you have to do business there. Commissioner Gracy noted Ms. Weber picked up on in Option 2 with just that little beacon we could build something that would attract the eye, the user, hopefully the walkable user; she thanked whoever focused on walkability because there is a lot of focus on parking cars; primarily the city is known for walkability; that caught her attention. Commissioner Kynes commented she would not want the restaurant shown in Option 4. In Option 1 the restaurants are on what she would call an arterial; she is strong on buffering. If asked between Option 1 and Option 2. Vice-Mayor Freaney stated if everyone settled on the east block for City Hall then the other piece could be micro managed. If everyone is feeling confident about the east block that settles some of her concerns and issues. Commissioner Kynes commented she can see more retail in Option 1 along that core because there is so much retail up there and adding up there the buffering and the courtyard is just messed up in that one; it is not very good. Mayor Bujalski stated what is being heard is wanting the municipal services on the east side. It is really what to do with the west side property which brings it back to selling without knowing or see if we can find some kind of risk free thing. Commissioner Gracy stated she thought we control our own destiny with it. She does not know what the market will do, but with what she knows she has more comfort with Option 1. Mayor Bujalski commented it does not have to be exactly that either, it is the concept of it and how to get it done; maybe it is a smaller garage area, maybe on level lower, there is a buffer and some angled parking which is going to narrow everything, we want a big walkway around it, that is going to narrow everything, but it is the concept and then that can come back to the Commission. City Manager Bramley noted the difference between Option 1 and Option 2 and staff would support both; the recommendation is Option 2. She thinks Option 1 is a better design which is something staff discussed. If it is consensus direction to go with Option 1 then they will work it and bring back the finance plan and how to accomplish that. Whether or not the garage gets a little smaller or what type of entertainment or retail that can be worked out. She thought there was good census direction from what she has seen from all of the Commission and would like to get to work on that. 29
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Vice-Mayor Freaney expressed her concerns for Option 1 including the height and mass; what do we want to look like and whatever is left, if the City gets less money it is a 75 year decision. She noted one good thing is the ability to move ahead with City Hall and she thought there were 226 surface spots in that lot currently, so there is no rush to do anything there depending on the market and even let a developer include a parking garage in their proposal. Mayor Bujalski thought staff has heard the City wants to control its own destiny and that can still be done without the City being in the retail business by letting the developer scout out their leases and so forth and the Commission can still say yes or no. Vice-Mayor Freaney agreed and added she liked the concept of townhomes there and it would be good to have them done together. Mr. Ironsmith commented the townhome piece would be key to get the developer on board; if that was sold out independently it would not make the rest of the project very viable. Commissioner Gow commented he was happy with the east end and whatever else can be worked out. He noted his desire for pushing forward a community theater there, but that can be figured out. Mayor Bujalski noted the down side would be the traffic with the one-way streets. Commissioner Gow noted the easy access with the parking garage and downtown restaurants, but that is a discussion for another day. He noted he did like Option 1 though it is expensive. Mayor Bujalski commented she thought the community having some certainty is a big relief and it has been said to be good neighbors the City would do that. She noted her faith in the professionals to come up with alternatives to address everyone’s concerns. Phase 2 Deputy City Manager Hutchens advised: The staffing speaks to the next phase of the project with the first phase being what was completed today, the right sizing for the building for now and into the future twenty years and the placement on the facilities on the two parcels. The next step is Design, schematic details and construction documents for bidding. The schematic design, the plan now for the Commission consideration and consensus is to have schematic design come to the Commission to see the mass and scale, some concept renderings and follow that with another session with the public sharing those documents. Then come back to the Commission with refinement of that design to make sure what the Commission and the public have said and receive consensus direction at that second Commission meeting to go forward with detail design. Part of the presentations will include a fly-by in order to see, maybe even interior of, the building in order to understand what it should look like and the Commission wants it to look like and have surety it is within the surrounding neighborhood as well. Those are the steps and if the Commission is in agreement that will be put in the contract document, staff will negotiate a fee and come back to the Commission in a near term Commission meeting to authorize staff to execute a contract with Harvard Jolly to begin that step. Commissioner Gracy asked at what point the Architectural Review Committee (ARC) would 30 be looking at this and Mr. Hutchens thought before even the schematic design for their input, 19-24 Work Session Minutes Dunedin City Commission May 14, 2019
knowing they have a sense and feel for the community as well; then let the architect work on schematic design which once completed the ARC would be involved in that review as well as the Commission and the public meeting. Probably also the Disabilities Committee would be involved early in the process for their input. Mr. Ironsmith advised staff has been working with the Chair who was present earlier and had meetings and their role will step up as this moves forward. Commissioner Kynes asked what other committees would be providing input or receiving presentations and mentioned the CRAAC, the Historic Preservation Committee, Committee on Environmental Quality, Arts and Culture Committee, a lot of committees would be involved. Mr. Hutchens stated everyone was welcome to provide input and the public session is for all residents and certainly the adjacent property owners who have a vested interest. Mr. Hutchens noted also the Board of Finance would certainly have to weigh in as this is no small order; it is a very expensive project that will be taxing the City to do this right. Staff understands the point of this being a legacy project for 50, 75, 100 years and that kind of commitment will have to be made. Mayor Bujalski commented prior to this process today the Commissioners did have sort of one on one meetings and verified that can be done again prior to the next public meeting on this project. She thought it was helpful in order to have time prior to the public meeting to think about questions and so forth. Mayor Bujalski determined there was consensus to direct staff to move forward with negotiating the next step. Mr. Ironsmith advised the scope of services will come back to the Commission for approval with a negotiated fee. 5. INFORMATIONAL ITEMS 5.a. Commission Discussion Commissioner Kynes advised she and Commissioner Gow applied for the Environmental Committee with the Florida League of Cities and they were told they needed to work it out. She is aware Commissioner Gow is very interested and asked him to let the FLC know she is giving him her Environmental Committee seat. She noted Vice-Mayor Freaney would be on the Land Use Committee. She will look at her other options. 5.b. City Clerk's Update City Clerk Kirkpatrick advised her office needs staff. In response to the request from Mayor Bujalski, City Manager Bramley provided a City Clerk Search Update. She advised the results of the poll by the Commission and herself were just received and she thinks that has been scheduled to interview two candidates for the position. 5.c. City Manager's Written Report - Review and discuss the report covering April 2019 City Manager Bramley thanked the Commission for a very good discussion on City Hall. She is very excited and moving forward, City staff has a direction and they will do so to get this done within the time frame. She advised: The Stadium is under construction as well as the Player Development Complex. 31
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A Budget Meeting is scheduled for Friday, May 17, 2019, 9:00 a.m. to 5:00 p.m. There will be discussion on the new Business Plan, the new Initiatives the Commission would like to see this year and those staff is recommending be incorporated into the Business Plan and in the afternoon discussion will be on the Capital Improvement Plan and those projects planned for next year. She wanted to thank everyone for the time today to commit that statement of facts to the record. She thought it very important in a situation like this for the City to defend itself and she thinks they did. She hoped that it would make it to the news media. 5.d. City Attorney's Update City Attorney Trask thanked the Commission on behalf of the City Attorney’s Office and the Code Enforcement Board for their support on this matter as it goes forward. He advised: The lawsuit was received. Attorney Daigneault, Attorney Morea and Attorney Augello will be working on that particular case responding to the lawsuit. It is a very odd drafted document and it does not look like it was drafted by an attorney who practices law in the State of Florida. A lot of mistakes and issues will be raised and he will talk with the Commission on an individual basis as to their thoughts on how to respond. It has been extremely difficult the way it has been portrayed in the news and he is very frustrated with the fact the request for information that came to the City and to his office came at the ninth hour after the stories had already been developed. He thinks the Mayor mentioned the call from ABC Action News came 15 minutes before they were about to air their story. He did talk with the reporter on the phone and did give some information and quotes, none of which was used in the video clip and he was a little frustrated with that. The City has a good case and it will take a little time and he thinks it is going to make good law here in the State of Florida. If you are not doing it to defend your Code Enforcement Board, then your Code Enforcement staff, allow them to defend it on behalf of all the cities in the state because this attack he is sure will move down the coastline and Dunedin just happens to be the first. 5.e. Commission Comments Vice-Mayor Freaney commented at the work session when there was discussion about the citizen survey and as she looked back, rightly so the focus seemed to be on things that can be done better, the concerns, traffic issues, development issues. She is not sure how much it was noted that survey said a lot about City staff and how amazing they are. Overwhelmingly, in the 90% range citizens are very happy with the services they receive. She is aware the Commissioners receive commentary all the time about how City employees many times go above the call of duty and they are polite about it. The consultant said these were uniquely great survey results. Obviously, there is always room for improvement and citizens will be passionate about keeping our charm. It is important especially for the City employees this was a great survey and a lot of that is owed to those on the front line. Commissioner Gracy noted she was not present for the meeting to be part of the dialogue; however, certainly watched the meeting afterwards. She thought it was spectacular having never seen information that congratulatory or reflective of what a top notch city can do. Her takeaway which she did not want to be a negative was that as a governing body went a little negative when, let’s not lose sight of all those 90’s in the percentages because you just do 32 not achieve them in cities; maybe if there is some time watch it from that perspective that is 19-26 Work Session Minutes Dunedin City Commission May 14, 2019
different from being on the dais at the time. She agreed with Vice-Mayor Freaney and that the employees are the life blood of the city and they should know that and they are appreciated. Commissioner Kynes agreed that is what came out of the survey and people do appreciate our City services. She stated we are the best town in the State of Florida, probably the United States. She was very proud and offered her congratulations to those on the forefront every day. Commissioner Kynes announced the Dunedin High School Graduation is May 22, 2019, at 5:30 p.m. at Ruth Eckerd Hall. Mayor Bujalski thanked everyone for the valued work today on something that is not easy and moving toward the direction needed; it was good dialogue. ADJOURN MEETING The Work Session adjourned at 12:15 p.m. NOTE: The meeting was completely recorded and the recording is in the official file. This meeting was also broadcast by Dunedin TV.
Julie Ward Bujalski Mayor Attest:
Denise M. Kirkpatrick City Clerk
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19-27 DUNEDIN, FLORIDA MINUTES OF THE CITY COMMISSION REGULAR MEETING MAY 16, 2019 6:00 P.M. PRESENT: City Commission: Mayor Julie Ward Bujalski, Vice-Mayor Maureen “Moe” Freaney, Commissioners Heather Gracy, Deborah Kynes and Jeff Gow Also Present: City Manager Jennifer K. Bramley, Deputy City Manager Doug Hutchens, City Attorney Thomas J. Trask, City Clerk Denise M. Kirkpatrick, Planning and Development Director Gregory Rice, Economic & Housing Development/CRA Director Robert Ironsmith, Solid Waste Sustainability Program Coordinator Natalie Henley, Assistant Director of Public Works & Utilities Paul Stanek and approximately fifty-one people. CALL TO ORDER Mayor Bujalski called the May 16, 2019 City Commission Regular Meeting to order at 6:00 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE City Attorney Tom Trask gave the invocation followed by the Pledge of Allegiance. 1. PRESENTATIONS 1.a. National Garden Week Proclamation –June 2 - 8, 2019 Commissioner Kynes read a proclamation designating June 2 - 8, 2019 as National Garden Week in Dunedin in an effort to acknowledge the importance of gardening and the numerous contributions of Gardeners and National Garden Clubs. Briony Tomalesky, President of the Dunedin Garden Club and Debbie Whalen, Treasurer, accepted the proclamation and thanked the Commission for the recognition. Ms. Whalen commented they are very proud they are a vibrant and growing club and celebrating their 90th Anniversary this year. They have stayed focused on things appealing to our population. Today’s DIY people want to learn to do it yourself. They just had a spectacular presentation on how to turn a small patio space into a plant paradise. They have presentations on growing herbs, native gardening, how to save water, how to use things that are not chemical pesticides in our gardens. The Dunedin Garden Club has something for everyone. Their members are all ages and all genders; participation can be active and hands on or passive and just viewing and listening to their exciting speakers and anything in between. They have just completed a massive renovation of the Library Butterfly Garden that is City owned and everyone is invited to come take a walk through what their members have accomplished with their hard work; it is one example of how the Dunedin Garden Club is sharing their passion for gardening with the community. Gardening is therapeutic and fun. She extended a warm welcome to everyone to please join; they meet on the first Saturday of the month at the Dunedin Public Library beginning again in September at 1:00 p.m. and everyone is welcome. 1.b. National Safe Boating Week – June 2 – 8, 2019 Commissioner Gow read a proclamation supporting the goals of the Safe Boating Campaign and declaring June 2 - 8, 2019, as National Safe Boating Week and the start of the year- round effort to promote safe boating. Kristi Mackey and Rob Bonnem of the USCG Auxiliary Flotilla 11-10 and the USCG Auxiliary accepted the proclamation and thanked the Commission for the recognition. 34
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Ms. Mackey reiterated some of the information from the proclamation. CITIZEN INPUT Mike Meoni of 80 Citrus Avenue a homeowner there for 40 years made the following comments: He wished to address the Commission on situation he thought important, especially to the people who live in the older areas of Dunedin, regarding the demolition of these old homes and building of the McMansions. His personal situation is, right behind him is a double lot that is going to be developed. It is a hazardous property, he believes, as there have been a lot of problems with the owners there. The house currently on the property is abandoned and vacant and loaded with asbestos. He has addressed the City, he believes it was Mr. May and Mr. Rice, about it and was referred to Pinellas County Air Quality Control and he did speak with them about it. He was surprised the City doesn’t have more oversight with this type of situation and passed it on to the County and he was bouncing around trying to figure out the procedure. He did finally speak with an asbestos surveyor who was at the property who filled him in on the property procedure of the asbestos removal. He and his neighbors are very concerned about, because of their houses being in such close proximity. There is so much debris, junk, blocks and walls and they are all concerned about bulldozers going in and creating a real firestorm for the neighbors. It did not seem in his emails to Mr. May and some others in the City, they were very matter of fact about it, and did not really seem to address their problems and just referred to the Code and the rules and so forth. He thinks they have a right to clean air and sunshine and so forth and their concerns he felt were not being addressed properly. In the meantime, the asbestos company person assured him everything would be done according to federal guidelines and it will be taken care of properly. He was just disappointed the City did not take a more active role as this is going to be happening a lot around Dunedin, especially in the older neighborhoods which are very historical and they all love living there. This is a very disruptive process; this is not Douglas Avenue or downtown, but neighborhoods where people live and in very close proximity to these areas of demolition. The second issue he wished to address is what is allowed to be built on these properties; the size of the houses being put on these lots is too much. He has pictures and to put a 3- story, 40-foot structure right behind your house that blocks the sun and the air flow and sky is not really taking care of the residents who live there. He thinks there are other solutions that could be made and the City really needs to take a look at the building codes for this type of thing. He sees other new construction in areas where they fit the neighborhood and look good; he understands property rights and highest and best use; however, certainly it can be done in a proper way. Mayor Bujalski advised the City has just changed some of the codes so that something will not be that tall up against a single family home. Those complaints have been heard and the codes are just being changed for the future. She asked Mr. Meoni to provide his 35 19-2
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contact information to City Manager Bramley and she could contact him and see how the process can be improved. Vice-Mayor Freaney commented she would like to see the pictures Mr. Meoni had. Mr. Meoni noted he also wanted to address the issue of the zoning in his neighborhood of R- 60 that allows for huge garage apartments that are an eyesore and there is no need and it just hovers over the house next door and it can only be used for family supposedly. Mayor Bujalski advised that is something City Manager Bramley can work with the Planning and Development Department on those issues and explained single family homes do not come before the City Commission for approval. Vice-Mayor Freaney inquired if the action was regarding the multi-family designation in the historic neighborhoods; she explained she was alerted by a citizen that there are already multiple lots bought by one owner, so it would not be a stretch to get a surprise there. Mr. Rice advised in working with the City’s consultant they have determined the area they are looking at, which is going to be all the multi-family in the south of the CRA and that will be coming to the Commission workshop with ways of changing that whether it be voluntary rezoning to historic districts; there will be a few choices to make sure the single family historic neighborhoods stay that way. City Manager Bramley added at that workshop the outreach program will be presented; it is a large scale project that will require a lot of public input. Kimley Home Consultant is a world recognized Planning and Engineering firm the City is using to help with this. Mayor Bujalski commented Mr. Meoni’s issue, even within a neighborhood compatibility, is important and those are not items approved by the Commission. Commissioner Kynes commented often areas are described as historic neighborhoods and in fact there are ways of the availability of compatibility to try to steer that as with historic neighborhood designations, landmark designations; that is a way to try to steer preserving a true historic neighborhood. 2. ACTION ITEMS 2.a. 359-361 Chase Court request for 3rd story approval City Attorney Trask advised this is the first item of this type coming before the Commission, which should be treated as a quasi judicial matter. It is the application of the Code to one single piece of property. He requested everyone wishing to provide testimony on this application to stand and he swore them in. Staff Presentation Planning and Development Director Rice reiterated this is the first application for 3rd story approval. He advised: In 2005, Dunedin conducted its first citywide Visioning Exercise and in August 2017 the City conducted the second Visioning Exercise. As much citizen engagement was done as possible with a series of SWOT (strengths, weaknesses, opportunities, threats) analysis, map exercise and preference survey. From that feedback one of the most cited citizen concerns in every redevelopment corridor was building height.
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On February 21, 2019, after the Visioning and multiple code workshops the Dunedin City Commission approved Ordinance 19-05, which lowered building heights in the three zoning districts listed below. 1. Planned Residential Development “PRD” – lowered maximum height from four stories to two stories with a third story only allowed with City Commission approval. 2. Downtown Core “DC” (“C” Streets) – lowered maximum height from four stories to three stories with a fourth story only allowed with City Commission approval. 3. Form-based Medium “FX-M” – lowered maximum height from three stories to two stories with a third story only allowed with City Commission approval. The FX-M change requiring 3rd story City Commission approval is shown in the graphic provided in the staffing as well as the actual Code Section highlighting where it goes from 2 stories by right and then 3 stories maximum with Commission approval. Mr. Rice then referred to the property before the Commission in this item. Development Review Committee (DRC) Submission (November 28, 2018) A project was submitted for DRC in November 2018. The submission was for a three or four-unit apartment or vacation rental building with modern architecture. The owner was not present, instead the project was presented by a building contractor and a real estate agent. DRC staff explained three issues with this submittal. DRC Comments 1. The density for residential development on that lot (5,176 SF) is a maximum of two units. 2. If the building was created as a Bed & Breakfast, it would have to be owner occupied. 3. The architecture would have to be one of the City’s five required architectural styles. Based on the issues presented, DRC staff did not expect this type of project to move forward. On March 13, 2019, a building permit was submitted for a three-story duplex, which generated the need for this City Commission approval. City Attorney Trask was also consulted on whether the DRC submittal created any vested rights for the owner. The answer was no and that it is the building permit that starts the process. 3rd Story Application Analysis Mr. Rice presented renderings of the duplex with photos of the surrounding properties. There is a three-story development (Douglas Place) to the north and east of this location. However, this development was the driving force behind the code changes for Form-based Medium “FX-M”. Front Setback The front setback for this three-story duplex is setback two feet from the property line. This placement accentuates the height to roadway width ratio creating a “canyon effect” on Douglas Avenue with no step back to the third story of the building. Orientation The north elevation will be the most visible side of the duplex for people walking, bicycles, and automobiles traveling south on Douglas Avenue. The view of the side of the duplex indicates a lack of the architectural features normally seen from front elevations. 37 19-4
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Mass, Scale and Orientation The proposed duplex is a large structure on a 5,176 SF lot (0.12 acres). The mass and scale are out of context with the surrounding structures in the area. Surrounding properties are as follows. South One-story commercial North Vacant property West Two-story house East One-story bungalows Recommendation Mr. Rice advised based on the analysis above, City staff recommends denial of Permit 19-100054 – request for third story approval. Questions for Staff – None Applicant Presentation Bharath Ben Natarajan of 102 Arbor Drive East, Palm Harbor, FL 34683, the applicant/owner advised: They have been having this journey with the City since March last year. The purpose of the purchase of the building, as well as the conversations with members of the City staff, have at all points been productive, explaining what needed to be done to get where they wanted. The conversation continued through November when they presented to the Design Review Committee. Subsequent to the passing of the ordinance what he would be looking for is what other criteria there is for approval of a 3rd story. It says clearly a 3rd story could be approved by the Commission based on some process. For the last six days they have been looking for that including on April 29 they submitted their documents and have been waiting for the past seventeen days to see if they could get some idea of what they are walking into in terms of the criteria they need to conform to. It has been a little like shooting in the dark for them and they tried their best. Three aspects he wished to highlight: The primary reason for a 3-story (building) here is to provide a place for his parents, who are aging, to stay with them in a family environment. This duplex is not an apartment or holiday rental as was represented; it is actually a family home for he and his brother and their aging parents who he would like to stay with them until the moment they cannot. He recommends the book Being Mortal and noted all gerontologists will tell you the three things senior residents are looking for are independence, privacy and the ability to lock a door. He wanted to build a suite for them on the ground floor that unattached to any other living space where they can be unassisted and live for as long as they want with the ability to have a small fridge and live there. The entire premise for this is a family residence with a suite on the ground floor for his parents. They submitted the plans to that effect in March that was available on March 12. There is talk about the importance of green space in Dunedin. What they have tried to do here is to be as far away from any other building and provide as much green space. They have actually accomplished 40% green space on this property. He pointed out the rendering depicted the entire sides of the house bordering other residences have been left with at least 15 - 20 feet of green space for gardening for his father and for himself. They tried to make sure this building does not interact with or impose any shadows on the 38 19-5
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surrounding buildings. They are trying to take the feedback from the residents in the best spirit possible. He hopes that the City of Dunedin and the City Commission takes every project and development for its own merit, value and commitment to the community. His concern is maybe there is some sour background with other projects including Dunedin Place, which keeps being brought up. This is a family residence, this is not a development of multiple units and this is not imposing close quarters on anyone, but trying in his opinion to do the right thing from all aspects. He has been telling the City of Dunedin this is something he hoped they could do. If they could give him the criteria for what the City needs from him. The first time he heard about it, 24 hours ago, he was blindsided by the aspect that they are too close from a setback perspective. This was not something that was brought to them at any point. If the City wants them to make changes so a third story would fit they would be happy to comply. He wants to leave here with one simple fact; he is happy to comply or conform to any criteria the City has in order for the Commission to approve that third story; he has a reason for it. If you have living space, kitchen, living areas next to a senior’s room it just ends up being a room it does not end up allowing free access and an opportunity for someone to live there and the three things they ask for, the ability to eat when they want, lock the door and have some level of privacy and he wants to provide that on the lowest level, because they cannot climb the stairs to the bedroom unit. He is trying to do the best he can in terms of getting to his vision in the spirit of Dunedin and they have conformed all the architectural renderings to or exceeding Florida Coastal Vernacular architecture as defined by the City of Dunedin. He would like guidance on what to do as he thinks he has done everything anyone could have asked. Finally, he understands the gentleman who spoke before and there are a lot of people who have concerns about houses; this was an empty lot on a main road; Douglas Avenue and even there they have done as much as possible to make sure there are no shadows. He knows his neighbor behind and they have left an entire detached garage space so that there are no issues there.
Greg Sawyer of 3209 Grenada Way, Tampa, builder, wished to address some of the concerns of staff: Regarding the setbacks, this is a corner lot and the zoning ordinance says the building has to be between 2 feet and 10 feet from the property line. They could move it back another 8 feet if that would help. Regarding the height of the building that is 35 feet with 3-stories, if they build a 2-story structure it would be 27 feet, so that is a difference of 8 feet. If need be they could lower the wall heights of some of the walls to get it down to within the 3 to 4 feet of the 27 feet allowed on a 2-story structure. In terms of location they were talking about locating it on Chase Court. With the requirements for parking and the location of the garages, based on the zoning ordinance they thought it better to face Douglas and then the parking would be behind. 39 19-6
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The 2-story building behind it is 23 feet high, which he built just six months ago. They do not really dwarf anyone with two roads on two sides and a commercial building to the south where the lot is covered 100% with asphalt and is an old building he is sure will be redeveloped one day. Mr. Natarajan stated when talking about the side view as represented by Mr. Rice, there is only one front to a building. He has to put the front to either Douglas or Chase and he thought the best was to face it toward Douglas. The way it was represented was that it would not look presentable because of a south view, which is not actually on Douglas, but on the side street. If the requirement is to face the side street, they are happy to do that, which is the way they had started, but were told by the guidelines that the main thoroughfare is where they would have to concern themselves. Mr. Sawyer commented they did not want parking coming off of Douglas. Mr. Natarajan stated he would like to have the criteria the Commission envisioned when the ordinance was passed for a 3-story approval. At this point they were coming up with their best effort and each time the puzzle is changed and they have to come back. They did this in November and in March and are back again in the same place. Mr. Sawyer explained the footprint of each unit is the 680 square feet on top of each other, so it is not a large volume of a structure. If they build 2 stories in order to get the same square footage they will cover most of the lot. Mr. Natarajan stated he did not think that is what the City wants, but to have green space is his understanding. Questions for Applicant Mayor Bujalski inquired regarding Unit A and Unit B and noted it is sort of split down the middle. She explained her impression was that it was one unit on the bottom floor and the other units on the top two. Mr. Natarajan explained they are two brothers building two units, one unit has a suite underneath; his brother has two children so it is basically one large family with two homes attached with a suite underneath his unit. Mr. Sawyer added that it is two 3-story townhomes. When Commissioner Kynes asked what is in the middle she was advised it was a garage and the Applicant explained he was told they had to have detached garage for the look. Mr. Sawyer explained also for the architectural design standards. The public hearing was opened for public input. Kathy Luthin of 634 Edgewater Drive #645 stated she has known Ben and Christa for over two years and they have been talking about his dwelling and have met his parents who she thinks will be so happy in this city. She is hoping the City can work this out somehow, even if he has to make changes. She thinks he will be a real asset as a very skilled technology worker and has a lot of creativity. Stacy Rush of 659 Jacaranda Street was sworn in by City Attorney Trask and commented she is an Occupational Therapist Assistant. She noted if this is allowed to happen the applicant would be her neighbor. She works every day with senior citizens and to hear a family say they want to move in together to take care of someone kudos to them. She lives in the neighborhood and at first was concerned; however, based on what has been said with allowing someone to 40 19-7
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live in the lower suite reducing the risk of falls that can be debilitating she thinks the city needs more people like this willing to bring their families in. She sees nothing wrong with this and suggested finding a way to work with the applicant so their families can be together rather than being placed in a home at an exorbitant expenditure. Duane Wright of 558 Beltrees Street advised he is a Registered Architect, sits on the Architectural Review Committee and is a member of the Board of Adjustment and Appeals. When he approaches any board meeting he has no opinion and has none now based on the testimony put forward. When he began on the Board he was under the wisdom of former City Attorney John Hubbard who had a thing he advised them on want and need. He thinks this parcel meets the needs of the applicant, but not their wants. He also agrees regarding their not having any guidelines as to the Commission criteria. When he sits on the Board he has a list of criteria he has to check off and if the applicant feels they did not have the criteria to check off then they should be given that fact. Regarding the front of the house he always thought it was the postal address that determines; he personally does not like the other thing on Douglas. In terms of highest and best use, he agrees with what they are doing and thinks it could be a very huge single family house that is compartmentalized inside as well. He does understand the concern of the canyon effect; downtown he does not mind, but he does not have an opinion one way or the other. He just thinks if the applicant needed more guidelines they should have been there. He thinks as an architect there are ways it could have been done, because it does look like the townhouses and spiral staircases are not Vernacular, but that is just his opinion. Christa Cidway of 2681 Roosevelt Boulevard, Clearwater was sworn in by City Attorney Trask and commented: She came to support Ben in his effort; she is in a relationship with him. She knows some of the history of this approval process. She was disheartened today when she saw on the agenda the recommendation to decline and that was because of this being a long journey with a lot of interaction with the building committee, getting feedback and making adjustments based on that. She thinks all that has been applied really well with the green space that over exceeds what was expected. There are a lot of things changed in order to accommodate and she was really surprised at the recommendation to decline. Separate from that she thinks it is the attachment to Dunedin, they both have spent a lot of time and love it here. The fact that he has planned out this house to spend this time in Dunedin and to bring his parents and brother to be here with all the qualities of this city they want to be a part of and have this home. This is not some big development trying to take over, it is a home for a family. Meeting those requirements and designing it certain ways, every single design decision made including about being able to lock a door for his parents and having a separate unit and being able to spend time with his niece and nephew. The fact they do not know the criteria to have it approved would have made all these decisions and changes to accommodate to the best of his ability to have it approved; it is disheartening to see that it might not be. She too would like to know what the criteria is to make any changes necessary. She wanted it to be really appreciated that this is meant to be a home for a family who has really tried to make the accommodations to meet and exceed everything that Dunedin has to 41 19-8
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offer. It is a family including herself that wants to make Dunedin home and they really want to make these two things fit. Sherry Allen, Realtor and friend of the applicant stated: She has worked with him on many different projects and he is very passionate about real estate; however, more so about his family. She supports everything he said and she has her mother with her and if not she is with her sister and she thinks that is very important. As a realtor they are seeing more and more of families living together for economic reasons, medical and family and community reasons. Things have changed so much and to see this in their family is wonderful to see. She hoped the Commission supported that as well in their findings. She was at the Design Review Committee (DRC) meeting with Mr. Sawyer and has been part of the project, both in the design and development in many of the meetings with Ben. That is why he bought the property. She took him to see the little cottages she was very excited to see that were for sale and he saw the vacant lot. Everything that was mentioned at the DRC meeting was taken into account and not one person of all the representatives from the City said anything about building height. They told them they would have to go through Design Review and gave them guidance and sent a link to look at for guidance, which they did and chose the Coastal Vernacular, which Ben would change to whatever the Commission would say. No one mentioned the design other than that, never mentioned the 3-story or the 2017 or the 2019 survey. They walked away not understanding there were any concerns about a 3-story, so Ben spent a lot of money and time coming up with this plan presented. Her understanding is the recommendation is to decline it already, without having heard him that assessment is already made. Her only other point is that she did read the studies, the pages that applied, and there were verbatim comments from people in the city and it is her perception after reading this knowing the Commission spent months on this and digested it better than she did, but in the summary the consultant had said the things that stood out in terms of the concerns of the community were the fast growth, the density and the traffic and the infrastructure not coming along with that. To Mr. Rice’s point from the south it will look like the side of the building and not the front; if it was a 2-story building with this design it would be wider and take up more of the green space, but would look the same from that view. Hearing no further comments, the public hearing was closed. City Manager Comments City Attorney Trask swore in City Manager Bramley who advised: She has spoken to Ben on the phone a couple of times and she thought the journey here has been very personal. When she first talked to him on the phone he stated he wanted to be in Dunedin and he wants to bring his family here and we all do. Regarding the staff recommendation and how it was formed, staff thought this building coverage, the height of the building as it addresses the adjacent structures is one of the reasons for changing the Code. Staff thought they could not bring to the City Commission a building with this coverage and height in this area a recommendation to approve just after that Code was changed for this particular purpose and for this reason. 42 19-9
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As far as the building itself, the mass and how it addresses the right-of-way, all elevations need to be architecturally pleasing. The front, side and rear elevation and every part of the building needs to be up to City standards in terms of the architecture. It is not really an issue of where the features went on the building as far as the front right-of-way on Douglas. One thing she wanted the Commission to understand is when they consider the structure, if it moves back in the front it has to move back in the back; they might be able to decrease the size of the building to accommodate their family, but probably not enough to address that particular issue. She completely sympathizes and understands wanting to live with your parents and bring them with you, but one of the things the City Commission does not have the luxury of is reviewing this building and the use of this building in the here and now. This is three units, a ground floor unit and two units side by side on a smaller lot and that is what they have to consider. There is townhouse Unit A and Unit B and that is what they have to consider moving forward in their deliberations. As far as the criteria goes, when the Code was changed it was changed specifically with a 2-story with a 3-story allotment as approved by the City Commission. What the staff brought was a third story and a recommendation. In the intervening period, there is no criteria; it is not subject to criteria; it is not subject to negotiation specifically. The question is will the City Commission approve the third story or not. They can make the building look as beautiful as they can, but the height is still going to be there as it addresses the right-of- way. That was the issue in the intervening period. If it is the desire of the Commission, staff can certainly go back and look at how that can be addressed, but it will still be the three stories. It is her understanding from speaking to Ben that he needed the three stories. Staff will still be coming back with a 3-story building having just changed the Code. It is unfortunate that it was designed to the Coastal Vernacular; she thinks the architecture itself is lovely, but it is the height and the mass of the building and that is what the staff recommendation was predicated upon. Applicant Response Mr. Natarajan commented: He knew everyone kept talking about the height and mass of the building and he thought there was a bit of a misrepresentation here. The lot size is 5,100 square feet; the footprint of the building is 2,100 square feet. He has a single family home in Palm Harbor and he does not believe he has 40% green space. A single family home on most lots does not have that kind of green space. He thinks there is a misrepresentation of the size and mass of the building. As it relates to architecture, a pleasing architecture on all sides, he would argue that if you looked at that building on all sides it meets or exceeds the Florida Coastal Vernacular requirement on architecture. Finally, his point is there is a misrepresentation in that this is a 2-home duplex in which his parents will live with him on the ground floor; this is not 3 units; this is not a separate address, there are 2 addresses. He knows it was said these are three units, these are not three units, these are two duplex units identical with one part of it, because he does not 43 19-10
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have children they will be his dependents. That is his aspiration and yes the other will have three bedrooms of which one is not a suite. He did not want this to be misrepresented as three homes and he certainly does not want the mass to look like it is imposing whatsoever. He thinks they have done a remarkable job of trying to accommodate two homes. As a matter of practicality if a particular lot was zoned to have two townhomes as they have been informed FM-X is supposed to be, he would like to ask anyone to be able to put two townhomes on that lot and do a better job of managing green space and concrete and if they can he is all ears. This is what they have tried to do to address all the elements that he put in his justification letter and he thinks they have done the most elegant job you can possibly do. The only thing he would say leaving here, if you were to put yourself in his shoes having bought a property in a place he absolutely wanted to live in March gone through the whole financing aspect, getting capitalization for it, coming to DRC, being told the only three issues as Mr. Rice mentioned was density was too high so make sure it is a duplex or less and make sure it meets all the architectural guidelines and make sure it has entrances on the Chase side, because you can’t pull out on Douglas. They have done that, they came back, they have done all the things the City asked and then they happen to be in this awkward moment when the ordinance changed. He is not asking for an exception; they were told they can’t be grandfathered in and he is okay with that; he is only saying there is a new ordinance and there is a process, tell him the process and he will conform and do whatever it takes to get there. Final Comments City Manager Bramley stated she would say the third unit where the parents are to live has a separate entrance. Mr. Natarajan clarified it has a door from the front door that can be locked; it is an entrance to a suite within their home; there is one address, one main door, you come in the door with stairways to the living area and to the right and to the end there is a doorway that goes to a suite. This proves to him we have not taken the time to review the plans they spent so much time, effort and money on to submit to the City; he is a little disappointed by that. Mayor Bujalski verified with City Manager Bramley this application did not go to the Architectural Review Committee or the Local Planning Agency with the explanation it goes through the Building Permit. Commissioner Kynes noted because it is residential and City Manager Bramley acknowledged that was correct. Vice-Mayor Freaney recalled the applicant was saying the unit for his parents had to have privacy so it has to have its own space, so in a sense it did seem that it is a separate unit. Mr. Natarajan referred to the rendering and showed where it indicates where the palm tree was on the bottom right corner that entire bottom part including the French doors including the patio is a separate area they can spend their time in; it is a large bedroom with a little refrigerator, maybe a coffee maker and lovely large bathroom and a closet, everything that you would find and need in a nursing home plus more, family. This is not a separate unit, they don’t have a separate entrance, they have the opportunity to have a door on the inside, which they can lock and be separate from the rest of the family if they want to. 44 19-11
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Commission Comments Mayor Bujalski inquired if this project has always been presented in this way from the time the applicant began talking about doing the project with City staff. She asked what it was originally going to be. Mr. Rice advised: In reference to the notes from November 28, 2018: Plans were submitted to show a 4-unit/3-story apartment development. The owner would have the end unit. There was discussion about transient use, bed and breakfast, a hotel, B&B, transient rentals, vacation rentals. There was nothing close to what is being presented in the application here. A lot happened between November and March. Mayor Bujalski noted then in March with the new application it became a new plan. She commented that is the purpose of the DRC meetings to come in and find out what can and cannot be done. But from November back to whenever it was always going to be these other things. Ben asked to speak at this time; however, Mayor Bujalski explained this was the time for the Commission to talk and there would not be any back and forth conversation and noted he had his presentation and rebuttal. There is a process she asked to be respected. In response to the question from Mayor Bujalski, Mr. Rice advised November was the DRC meeting, the only one. Then he did not think this was coming back and in March after all the work was done on the height adjustments the building permit application came in and the applicant was told it would have to come before the City Commission for 3rd story approval. That is when the justification letter came in that talked about the two brothers and the parents. Commissioner Kynes stated she drove around the area and verified with Mr. Rice the location of the bungalows in the area. He pointed out the 2-story structure in the corner and the location of the new project and the remaining couple of Mediterranean bungalows from the original Chase Court, which are on separate lots right now. Mayor Bujalski summarized the Commission received a presentation with the request for a 3rd story; City staff is not denying they can build, but they are recommending denial of the 3rd story. She noted there is no motion at this point and asked the direction of the Commission. MOTION: Motion was made by Vice-Mayor Freaney and seconded by Commissioner Kynes to support staff recommendation to deny Permit 19- 100054 for a request for a third story approval. Vice-Mayor Freaney commented she completely sympathized, respected and admired what the applicant was trying to do. She thinks that staff did exactly as she would want them to here. She thinks if the Commission says they do not agree they are giving mixed messages. She thinks this is an exact reasoning and it is the first case with what the citizens have been asking the Commission to do, to be mindful. She drove out to the site today and looked around and she agrees totally with staff that it is too much and it hits to the heart of what the citizens have been saying in the Visioning and what they just said again in the citizen survey. 45 19-12
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She appreciates the personal plea and understands and she would be doing the same if she were in the shoes of the applicant. She thinks to accept that personal plea is to turn our backs on what the citizens have asked overwhelmingly and this is a case that hits to the heart of it and staff did what she would expect. She does support the staff recommendation after being out there and looking at all the facts. Commissioner Kynes commented while all the Commission feels the emotion of the applicant, the Commission cannot make decisions on emotion, they have to make decisions based on the facts as they have been presented. She feels it is too much density, too much height and she thinks that is something the City will continue to deal with in residential neighborhoods. She loves the idea; however, it is sort of three dwelling places there, she understands the explanation. She thinks in looking around at the rest of the neighborhood that it is clearly too much for the lot size and that location. Commissioner Gracy commented on her appreciation for wanting to age in place and she wished there were ways this might get reworked. Much time including committee time is spent talking about aging in place and all those benefits and she was a little crushed about not getting it right this time. She would be in support of the 3rd story for this, because she has heard surrounding neighbors support it. The applicant has told the story, which resonates with her significantly just because of the family aspect and this being a family centered community. It is the building that has to be mitigated and she thought a better job could be done at that, but she is hearing that will not be done, so apologies. Commissioner Gow commented as the other Commissioners he sympathized and understands. He just read an article this week about multi-generational housing and where we got away from that and there is a move back towards that. Overwhelmingly city residents have said over and over their concerns with height. He would like for this somehow to be reworked as the applicant and his parents are wanted in Dunedin with him. He would hope somehow with Planning and Development this could be worked out; however, he has to support the residents of Dunedin who have spoken and City staff recommendation, which is a difficult decision for him. Mayor Bujalski commented on her agreement with support of the staff recommendation for a number of reasons. One reason is having just changed the Code to try to address not just the height, but the setbacks and compatibility as well as distance from other properties to avoid having a massive building on a property. Given that it was not even the original idea for the property, though she would give everyone the option to change their mind, that does bear some weight and makes a difference. She would urge the owner to come back and try to do something different that would accommodate the needs. The City is trying to stop putting an “elephant on a pinhead” and that is what has been happening. The citizen survey had 270+ comments about overdevelopment, traffic and affordable housing and all of this ties into that. It is not that the owner is not wanted here, but all the citizens have to be protected and this is what they have told the Commission they want and the rules have changed and need to be followed. VOTE: Motion carried 4 - 1 with Commissioners Gow, Kynes, Freaney and Mayor Bujalski voting aye. Voting nay: Commissioner Gracy 2.b. Skinner Boulevard Complete Streets Concept Approval Staff Presentation 46 19-13
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Economic & Housing Development/CRA Director Ironsmith advised: This presentation includes some revisions made as the result of the input from the last workshop. Items mentioned at the last workshop include looking at one lane, additional golf cart crossings, lighted crosswalks, pedestrian crossings to be more mid-block, angle parking versus parallel parking, PSTA drop offs, maintenance costs and neighborhood study on lower income. Also there was a group in attendance to talk about Skinner Boulevard. This is the result of a grant from Forward Pinellas for $100,000 to do the Plan/Design Concepts. The next step is to continue with design and construction. Jerry Dabkowski, PE, George F. Young, Inc., provided a PowerPoint presentation, Complete Streets Skinner Blvd U.S. 19 to Bass Blvd included in the agenda packet. The map depicts the location of Skinner Boulevard, which is actually S.R. 580, which goes from U.S. Alternate 19 to the west to Bass Boulevard/Main Street to the east. It is about a ½ mile segment that is 4-lane divided and has been a major road through Dunedin for approximately the past 15 to 20 years. Over a year ago they came before the City Commission seeking approval to proceed with a grant for $100,000 essentially provided by Forward Pinellas. That was approved to proceed and this presentation is to share what has happened. Major agencies have been involved in this from day one. Essentially the Florida Department of Transportation (FDOT), it is their road - State Road 580 - and they have a major say so if this project moves forward and are very interested in what the City Commission outcome will be. If the outcome is to move forward or maybe step back and look at some other options. Pinellas County has been very helpful along with Forward Pinellas that is essentially the one that gave the $100,000 grant to the City. Also the Pinellas Suncoast Transit Authority (PSTA) that has excellent ridership along Skinner Blvd. All of these agencies have been met with for their input. With Complete Streets and projects like this caution has to be taken of what types of safety features are put on the road. To make a Complete Street very successful one of the key issues is the traffic volumes taking place along the corridor. Slide 5 – Traffic 24 Hour Volumes This was presented to everyone at every workshop and looking all the back to 2011 on a daily basis Average Annual Daily Traffic (AADT) there was about 10,700; 2017 volumes were approximately 12,000 AADT. This means the growth of traffic over those 6 or 7 years has been minimal. This is very important to a Complete Streets project, you do not want traffic spiking really high and then dropping off or spiking and just continues that way. This growth rate has been very minimal, which means looking 20 years down the road on Skinner Blvd there might be 17,000 cars, which still works extremely well for a Complete Streets project. A question might be why in 2018 the volume dropped. These are actual numbers from the FDOT annually. He could have anticipated growth rate of maybe .5% over a year; however, 2018 had extreme hurricanes come through Florida, three of which fairly major and if he lived in Ohio in 2018 and thinking about vacation in Florida he probably would have been deterred; that is the best thought as to why the volume dropped. 47 19-14
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In looking at the traffic this past March in Florida, he thinks it is right back to the 12,000; this was a very heavy year for tourist input and March is the heaviest month. Slide 6 – Safety Concerns/Update Crashes are also taken into consideration whether pedestrian, cyclists or vehicles and there has been a lot of activity with the Highway Patrol that this ½ mile section has a lot of crash activity that should be looked at from safety perspective to see what can be done to try to solve that. Slide 7 – Project Timeline The project has moved along extremely well. All the public workshops have been right on time with excellent communication with the public, City staff and many residents attended those workshops. Right now they are looking for the opportunity to move forward or further discuss the project; whatever the Commission wishes. Mr. Dabkowski advised: Essentially three concepts were presented at all three public workshops. Concept #1 was essentially do nothing. That was presented and there was not a single person in all three workshops who said do nothing. There has been a steady forward motion of providing concepts. It has been narrowed down to two that were taken to the third workshop. S.R. 580/Skinner Blvd. today is a 4-lane divided road with 2 lanes westbound, 2 lanes eastbound and a center lane. They feel with the growth of traffic as minimal as it is and having gone to the FDOT and suggesting there is really no need for 4 lanes divided in this section that they were open to listening to the discussion of 1 lane westbound, 1 lane eastbound and a center lane put in place were needed. Slides 8 and 9 – Concept #2 Concept #2 on the very east end shows 1 lane in each direction with full turn lanes at Milwaukee. On the west end of the project is U.S. Alt. 19, which essentially is a key intersection; it is signalized, but only goes about another 100 feet to the west, so it is pretty much a T intersection. The biggest feature in this section is the Pinellas Trail that runs from one end of the county to the other and Dunedin is pretty much the heart of the Trail. This location at Skinner Blvd. and the Trail has approximately 1,000 crossings on any weekend day and with 4 lanes of traffic versus 1,000 walkers, cyclists, strollers and all kinds of activity it can be cause for some conflicts. Every agency talked to has zoomed in on the Trail and said it does need to be improved with some type of safety features. On the west end it is 1 lane east, 1 lane west and the center lane for turn lanes. At the intersection of U.S. Alt. 19 where the traffic signal is located the plan is to maintain that signal keeping the geometry there which is to go left or right approaching the intersection the same as today; that is not being changed under Concept #2. Mr. Ironsmith noted the Pinellas Trail is bringing in 1,000 people a day during a week day and jumping up on the weekend into the downtown; it is a surprisingly high number. This is why it is felt that Complete Streets is so important.
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Slides 10 and 11 Concept #3 Concept #3 has had a lot of feedback. It is very similar to Concept #2, 1 lane westbound, 1 lane eastbound introducing some parking, some crossings for north/south and a roundabout at the intersection of Martin Luther King/Highland. At the first workshop probably 50% of the people questioned a roundabout and whether or not it was what they were used to just to the south. He explained there are places for roundabouts and there are places where they should never be put. His firm has designed roundabouts around the state, knows how well they work and where they should be and they feel this location is an excellent place to provide a safer intersection that will move efficiently, reduce speeds and make it much more controlled. The difference with this type of roundabout is this is a single lane roundabout. That is as you are traveling eastbound/westbound and you come into the roundabout you have the right-of-way in that lane with no one else competing or merging or trying to be in your way. The other thing they like is this is a 4-sided roundabout where others might be 5 or 6, which do not work well at all. The good news is that S.R. 580/Skinner has the 11,000 to 12,000 cars a day; that is the heavy movement east/west where the north/south road is 3,000 to 4,000 cars a day; therefore, there is opportunity for everyone entering that roundabout to get into it safely. These volumes of traffic are not that high that it would have this cause an issue. They forecast traffic out approximately 20 years that this roundabout will continue to work well into probably the next 20 years. This is because of the growth of the traffic taking into consideration the growth of the new development that has been happening in Dunedin, but also with that growth are people who essentially have already lived there and added to the traffic and they are just adding a few more based on that. Concept #3 on the very west end is Alternate U.S. 19 traffic signal; they are not touching the geometry or the lanes, the traffic signal is well needed. The reason being at the public meetings they heard about people coming out of the Marina with their boats pulling trailers; they liked the idea of the single lane going east to provide enough room for their maneuvers. They heard some people say if they were making the southbound left off Alt. 19 and someone is making the northbound right, the two are going to merge in that one little lane; there is an opportunity to make the traffic signal work where it will make a protected left southbound so you have to sit while the northbound right turn can free flow and then it reverses; that is how easily this traffic signal can be adjusted so that no two cars are ever entering that one lane going east. What they really like about Concept #2 and Concept #3 is the Pinellas Trail, the cyclists or walkers going north/south now only have to cross one lane at a time where today they have to cross two lanes eastbound, two lanes westbound and the cyclist never knows if maybe the inside lane is going to stop or not and there have been serious crashes where exactly that happened. The motorists in both lanes may not see the cyclist on the outside and then they are having a conflict. What they like about having one lane going east and one lane going west is the driver’s eye will now be focused on the eye of the cyclist, so there are only those two people looking at one another versus another lane that could be approaching like it is today. This concept was brought to several committees as listed in the PowerPoint (Page 13) providing this idea to many and it has a very high acceptance. 49 19-16
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Mr. Dabkowski reiterated these are concepts and if there are some design tweaks that need to be done based upon the Commission approval, those would happen in the next year or two. These are just concepts they want to share. Slide 12 – Typical Plan View (Conceptual) S.R. 580 has an expansive right-of-way, therefore, there could be 10-foot sidewalks and paths and still 6-foot grass strips between the pedestrian and the edge of the road. There could be parking spaces if that is something that is important. The FDOT just changed is if there is parking put on any of their state roads and you want a bike lane to be next to the parking, the FDOT now requires a 7-foot wide lane so if a car opened their door and cyclist has a little extra space to get by. They also had help from PSTA in this design that the actual road you will travel on will remain 12-feet wide; the lanes will be 12-feet wide, because the PSTA buses are pretty much 11-foot wide. Many cities and counties are going to 11-foot wide lanes, but they would like to keep this at 12-feet, because the cyclist is right next door, there is parking if approved and then there is still a 10-foot grass space between, which will make this corridor look very beautiful as you drive along. Slide 13 – Meetings with Stakeholders This concept was brought to several committees as listed in the PowerPoint (Page 13) providing this idea to many and it has a very high acceptance. Coca-Cola shared that the majority of the trucks that come to the plant north of Skinner Blvd. come from central Florida. The Senior Vice-President of Coca-Cola came down from Atlanta to find out about the roundabout and they had a great discussion and described the roundabout and shared that it had great safety features and a lot that can help Coca-Cola still get in and out, but he shared with them that the truckers use GPS and MLK is the way it tells them to go, so this roundabout is designed to accommodate large trucks with a 70-foot island. A video was shown. ABC Action News did a story on Dunedin and what the Complete Streets project is all about. Mr. Ironsmith noted the good cross section of stakeholders including Mease Manor and that the CEO and a Board member were present; they had expressed some concerns, which were addressed and they understand what the City is looking to achieve and were good with it. They do want the City to look at the Bass intersection and how that could work in the future for their future expansion plans. Mr. Dabkowski continued: What he calls a “walkabout” is when on December 1 they had approximately 50 people come out to Skinner Boulevard and walk the project from Alternate 19 to Bass. It was a great two hours talking about individual driveways, sidewalk widths, the Pinellas Trail crossing. There was tremendous input. Regarding the stakeholders meetings, thanked Mease Hospital for providing their conference rooms, all three were at that exact location and time and was advertised the same and had very good turnouts. Mr. Ironsmith noted the goal for the Forward Pinellas grant was public participation. Slide 15 – Results of Workshop #1
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The graphic shows they asked approximately 20 questions of everyone who attended the workshops and it turned out that golf cart crossing was on everyone’s minds. They felt that was addressed from day one and think that solution has been taken care of. Safety lighting along the corridor was a big issue and really the roundabout came up as a very successful score, number 3 at Douglas Avenue and then again golf carts and mid-block pedestrian crossings were pretty much the top contenders. Slide 16 - Public Recommendations Public recommendations are indicated on a scale of 1 - 5 with 5 being the highest and 0 not interested at all. Golf Cart 3.92 Lighting 3.88 Roundabouts 3.81 Mid-Block Crossings 3.62 Slide 17, 18 and19 - Workshop Results The tables indicate the responses to the roundabouts at each of the three workshops. By the time it got to Workshop #3 with 28 attendees signing in there was an 88% approval of those who signed in suggesting that as a concept the roundabouts still seemed to be a choice the public would like to have. Approximately 9 months into the process and they came before the Commission about a month and a half ago when they had some great questions of staff to include the following: Slide 20 – Fire Chief Request The Fire Chief has supported this project and then in talking with their staff asked if there was the possibility of getting them through the traffic signal at Alternate 19 a little easier. Staff determined they will be able to keep the right turn to go north and the left turn to go north, but by cutting into the median a little, what he calls a shadow lane, can be put in where EMS and Fire can provide where the cars in the right lane will move over and the cars in the left lane will move over and then there will be a 10 – 11 foot striped out area where EMS and Fire can gain access to Alternate 19 easily. There has been no final response from the Fire Chief; however, he thinks they will be happy with coming up with a solution. Mr. Dabkowski reiterated these are concepts and FDOT has the final word. Slides 21 - 22 – Crosswalks near Roundabout A Commissioner brought up the need for crosswalks near the roundabout. After talking with many experts and also FDOT they think it is a good idea as long as they are not too close to the roundabouts. As a concept they could probably put 4 or 5 crosswalks going north/south that will not be in the roundabout, but external maybe 50 feet to 100 feet away, but the FDOT thinks that is a comfortable design. If it gets to design this is something that would always be brought back to the Commission for final approval, but it can be done. At the roundabout at MLK there are still opportunities for crosswalks. Slide 23 – Angled Parking There was discussion from the Commission about angled parking. Concepts #2 and #3 and the illustration shows on the north side what it would take to put in angled parking. It would 51 19-18
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cut into the sidewalks running east/west, which are attempting to be made 10-foot wide and it takes it right up to the right-of-way line for the reason of keeping the center line of Skinner Blvd. where it is located because the drainage has already been analyzed. Diagonal parking would take up a lot of space; it does provide more parking; however, it is a little more precarious to back out into a travel lane. It has advantages and disadvantages and could be worked out if the Commission determines to continue pursuing angle parking. Slide 24 – Golf Cart Crossing Future Alternative Again this is a concept and there was just approval to cross at the traffic signal at Bass; however, FDOT did say this is a 5-year permit and then they have to come back in 5 years to make sure Bass is still a good location. FDOT wanted the City to think about another location, which is shown on the slide as an option because north of the golf cart on the illustration is a City owned park and the golf cart could go through the park and travel east over to Bass and then take Bass to the north and not have to go through the intersection of Bass, roundabout or signal or whatever it may stay at that point. They did look at Milwaukee Avenue of how to make that work to get the golf cart right to Main Street taking it to downtown to the rest of the neighborhoods. From a concept perspective there is another alternative for a golf cart crossing. Slide 25 – Lighted Crosswalks FDOT is looking at the possibility of the raised crosswalk with maybe lighted in pavement flashers. There are some pilot studies and there have been places where this has worked very well. These are currently being considered for Douglas as part of the raised crosswalks for the two approved raised crossings. Slide 26 – Pinellas Suncoast Transit Authority (PSTA) There were comments regarding possibly going from four PSTA locations to two. That is in the concept stages and when it gets to design the Commission can make that final decision working with PSTA. The concepts can provide two or four locations. Slides 27-28 – Asheville, NC Before/After Photos The photographs provide an example of what Skinner could look like in four to five years. Slide 29 – Truck Traffic at Roundabout FDOT is getting into the roundabout business. The president of one of the largest trucking companies had his biggest rig driven around a roundabout and it can be seen that the tail of the truck goes up on the little concrete apron and that roundabout is identical to the size that would be considered for Skinner Boulevard. Slide 30 - Maintenance Costs Mr. Ironsmith advised the maintenance costs would have to be determined in getting to the final design. This is similar to the City having some of the maintenance costs on Keene Road and Curlew. These will be recurring maintenance costs. In terms of the construction costs, this project is 5 years away. Money is being planned out of the Community Redevelopment Area (CRA) and Penny-for-Pinellas. The project is anticipated to be around $4.7 Million; the City has $3.7 Million and is looking to see how to reapply for a grant to Forward Pinellas next year. Slide 31 - Low Income Neighborhood 52 19-19
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Economic Development Specialist Craig advised: He spoke with Ben Freedman with Pinellas County regarding some environmental justice statistics. On the north side of Skinner one of the things pointed out was with the size of Skinner currently it has created some problems for those residents to include: More than 305 of the residents’ income goes to housing costs, which results in many not having cars; therefore, many take the bus according to the statistics provided. They do not walk or ride bikes, because it is not conducive to that between Bass and Alternate 19 the way it currently exists. The housing stock tends to be older and less expensive. People are on fixed incomes and do not have the income to get around quite as well as others might. A high percentage of residents are retirees; therefore the fixed incomes. Nearly 30% of the residents do not have a car; therefore, are totally dependent on the bus. This fits in with the road diet and making Skinner more friendly for many reasons, particularly for the residents on the north side. Mr. Ironsmith reiterated some of the goals: In general the goals for an enhanced Skinner Boulevard have included the following: 1. Safety 5. Widening sidewalk 2. Reduce Speed 6. Bicycle lanes 3. Golf cart crossing 7. Additional Parking 4. Improvement to Pinellas Trail crossing 8. Economic Development City staff thinks this Complete Streets project as designed by George F. Young and Mr. Dabkowski is addressing those goals. Commission Questions Commissioner Gracy inquired regarding the citizens’ concerns about evacuation. Mr. Dabkowski explained FDOT would have the Florida Highway Patrol take over S.R. 580/Skinner Blvd. and if this were to be built in five years at the intersection of Alternate 19 and Skinner would direct both lanes to be eastbound to U.S. 19, which is the major corridor to go north or toward Oldsmar. Vice-Mayor Freaney inquired regarding the roundabout at Douglas/Skinner and the proximity to the Pinellas Trail. Mr. Dabkowski advised in his meeting with Pinellas County Commissioner Seel she brought up some concerns. The first is for example going westbound in the single lane when you come up to the roundabout you would be going 15mph - 20mph through the roundabout and as you come out of it then you will be approaching the Pinellas Trail, the attempt is to have the speed limit posted at 25mph; there will be plenty of “side street” friction that keeps you at under 25mph. He thinks the visibility will be much better approaching the Trail. Another concern was backups from the signal through the Trail; however, the signal can always be adjusted to make the green light come on more often if that becomes an issue. Mr. Dabkowski noted Commissioner Seel also brought up the visibility when going westbound with the sun during certain times of the year making it difficult to see the Trail and she thought the lights at the Trail are difficult to see when the sun is beginning to set. He 53 19-20
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spoke to some folks about some louvers behind the sign, which blocks the sun and makes those lights much more visible and that would be looked at as part of the design. Vice-Mayor Freaney inquired regarding some citizen concerns about a break at Howard Street. Mr. Dabkowski advised when they did the walkabout there was much discussion about driveways, access to apartments and businesses. It was shared that the roundabouts will change how this entire corridor works, but if you wanted to get back to Howard putting a break in the median would not work very well. Unless there is an actual left turn lane what will happen is the car will not have enough room to sit in the median area with the back end of the car sticking out and because it is only one lane westbound it could back up traffic. The proposed design says if you need to make a left turn into Howard or into one of those driveways, you go to the roundabout and make the 360 degree and go back to that driveway; it will probably take the same time as making a left turn fighting the opposing traffic going eastbound. They spoke with many of the businesses about this and they understood the concept of the roundabout. Commissioner Gow inquired regarding the traffic signal at Alternate 19 and managing the right and left turn and if it is part of the plan to set those signals to manage those turns. Mr. Dabkowski commented he thought it is a good thing to do; it is more safe for a vehicle to go into an intersection and when told with the green and red arrow to wait until the green arrow to make that turn versus moving out into the intersection and wait for traffic to go by and make the left turn, which sometimes does not work too well. At this exact location you are not sure if the through lane is the only one coming at you or the outside lane someone is trying to beat everyone to go northbound. It might be a better solution even today to change how that signal works with a protected southbound left and maybe even a protected northbound right. The southbound left is probably the most concern from a safety perspective. Commissioner Gow asked if the right turn lane will have the right arrow; he was thinking about boats and trailers and whether or not that lane is enough to accommodate two or three that might back up or will there be a back up on Alternate 19 northbound. Mr. Dabkowski noted it was an excellent question and would say at design there should be a closer look because another comment was brought up regarding having only the single lane going eastbound away from the traffic signal there are some folks in the westbound left that would like to make a u-turn to come back to Douglas and with a single lane there is not enough room; so it might go back to 2 lanes there or at least widen that out to maybe 16 feet that goes back to 12 feet to accommodate a u-turn. As for a concept right now 50% of the people said make it a single lane and 50% said make it two lanes and boat trailers were a big issue. Commissioner Kynes inquired what places have used the lighted technologies that work well. Mr. Dabkowski advised Marco Island where they are historic and they still work; also at the cruise terminals in downtown Tampa that is an automated system that works well; however, those two locations are not FDOT roads, but FDOT is clearly paying attention to those and he thinks it will be in the traffic engineering manual very soon. She noted the most important location at the Trail for a good safety facility. Mayor Bujalski referred to the proposed parking near the Trail (slide 11) and expressed concern for example SUV’s parked there and visibility for people on the Trail, especially 54 19-21
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when sometimes people don’t push the button for the light. Mr. Dabkowski commented parking is a touchy issue from all sides and this is a concept and that can be closely looked at and the Commission will have the opportunity to review the 30% design if it gets that far. Mayor Bujalski recalled previous discussion regarding pull offs for PSTA, not just stops and Mr. Dabkowski advised the concept does include pull offs where the buses will pull out of the travel lanes. Mayor Bujalski asked where a car pulls over for emergency vehicles going west. Mr. Dabkowski explained they would get out of the way at the roundabouts into the extra space or one of the bus bays. Mr. Dabkowski stated it was valid concern and noted that is why even garbage trucks and the hope for all the mail boxes to be moved to a particular place where traffic would not be blocked; all that has to be worked out in the design, but they think it can be worked out. There might be consideration of a small emergency lane, FDOT does that. Mr. Ironsmith noted it is not a unique problem and there are places where cars just pull over where they can, but Mr. Dabkowski can look at it. Mayor Bujalski commented regarding the alternate golf cart crossing, she was looking for something more to the west, because with the crossing at Bass that is what is needed, many people come that way. Mr. Dabkowski advised he spoke with Planning and Development Director Rice a couple of times on her thoughts and they will take a look at something further to the west. Mayor Bujalski opened the meeting for public input. Gregory Brady of 580 Skinner Boulevard noted he was speaking as a property owner, business owner and resident on Skinner Boulevard. He commented: He is also part of a group who initially came before the Commission to talk about some concerns with Skinner several years back. They met last night and those present were Michelle and Mark Rocco from Beyond the Wall, Gabriella Mullins from the Holiday Inn, Jack Batel of the Dunedin Downtown Merchants Association, Joe Kokolakis a developer, Grant Painter of Woodwright and a property owner on Howard and Happy and Mark Jordan from Bayou Bites. He initially along with some residents and property owners brought up the issues facing them on Skinner with then Traffic Engineer Joan Rice and Mr. Ironsmith probably seven years ago. He lives at his property on Skinner and has three additional rentals there with a parking lot facing on the corner of Milwaukee and Skinner. He has owned the property for about fourteen years over which he has noticed the changes happening with what is being developed and what could be developed as far as, for example, the Gateway project and the needs of the roadway are changing as well or need to. The uses are changing, but the problems along Skinner remain, one being speed including one he clocked with his cell phone at 101mph by a motorcycle. It is not only speed, but the lack of ability to cross because anytime there are more than two lanes and a turn lane; the center lane is currently referred to as a suicide lane where people go as fast as possible to get around all the traffic. Even the vehicular traffic right now finds it very challenging. Owning the property on Skinner just around the corner from Bass he has to pump his brakes all the
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way from Bass for three streets because of the fear of being rear ended, which he has been twice at the Trail in a vehicle because of the high rates of speed. What this road has become is a commuter cut-through; people going and coming from work and using it in order not to have to go through Main Street at a slow speed. It has also become a truck route with a lot of that coming out of MLK. His hope is the ways and map system will reroute that traffic. They met for the final discussion last night to tell the Commission this. They support Concept #3, they like the roundabouts and think it will add to the safety. They would like to have the consideration of that median cut asked about on Howard. They like the crosswalks that have been added because they feel the attention to traveling from north to south and safely crossing is very paramount. In terms of the golf carts they did want some additional clarification about the crossing at Milwaukee because they do not see how that would be accessed, but a second question came up that if speed limit was 25mph wouldn’t golf carts be allowed on the whole street and be able to cross it legally anywhere. They also want the pull offs. Mark Rocco of 528 Skinner Boulevard expressed his concerns regarding noise including six weeks after opening Beyond the Wall the road was repaved and then he had to work with the City to move the garbage collection from 6:30 a.m. to about 8:30 a.m., he explained one aspect of a bed and breakfast is that people like to sleep. Regarding the proposed bus stops and the pull offs, three of the four would effect people sleeping at his business and they do not need to be there; therefore, his request is that those are cut down to 2 pull offs and put some nice covered artistic stops; but if the four are going to be there give him a break and move one of the three away. Grant Painter of 984 Howard Avenue noted he works at 985 Douglas along with 431 Skinner, 985 & 987 Howard Avenue referenced slide #11 of the PowerPoint. He commented: They observed and participated in the evolution of this area during the twenty-four years in this spot and they are thankful for the growth of downtown and all that the City is continuing to do to not only accommodate, but encourage this growth. He has attended several of the meetings held and the walk along and no one can say the citizens were not involved. His household fully supports the two roundabout design of Concept #3. They learned that most of those attending the meetings overwhelmingly supported the roundabouts as well. He understands this total redesign of Skinner is being requested in order to accomplish a very long to-do list. They also hope that Skinner can be entirely golf cart friendly if at all possible because of the speed limit; however, if FDOT does not let that happen there will be a need for several crossings; if there is no crossing at Douglas Avenue, the golf carts will continue to cross there a hundred times a day as they do now. Those on Howard Avenue have noticed that both concepts show it as being blocked off with a median and that is not acceptable to them; Howard Avenue is the only road actually blocked off by the median and he understands the need to block off the driveways up and down Skinner and some sacrifice has to be made, but to completely block off Howard Avenue, they know that Gramercy Court is going to be complete in the next 50 or 60 years
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and when it is there will be more traffic; Howard Avenue is not just a driveway, it is a road that he thinks this proposal is ignoring. Happy Jordan, owner of Happy’s Bayou Bites at 431 Skinner Boulevard commented regarding the ingress/egress on Howard Avenue. With Gramercy coming in, the City is already putting money aside for the widening of Howard along with sidewalks to pull more people in and out; it has not even started yet and she is seeing all that traffic with two viable businesses and probably a third going in and it will really effect businesses and traffic. Marc Jordan stated they support Concept #3 and in their business, they renamed Skinner Boulevard to Skinner Speedway; they see this as a safety concern and want to see this project go forward. Hearing no further comments, the public input was closed. Commission Comments Mayor Bujalski noted staff would look at Howard Avenue and commented she understood there is not really the space to have a turning lane. She noted also the comments regarding getting golf carts on that part of the road. Commissioner Kynes asked if the parking was absolutely needed that is right up against a bicycle lane and explained that would be a concern for a cyclist. Mr. Ironsmith noted that it is a wide bicycle lane and that there is a premium for parking. MOTION: Motion was made by Commissioner Gracy and seconded by Commissioner Gow to approve Skinner Boulevard Concept #3 and move to Design Phase on Skinner Boulevard enhancements in FY 2019/2020. Commissioner Gracy commended City staff and Mr. Dabkowski because she thought this was one of the safest plans she has ever seen for the city. It certainly meets all the resident requirements from all the activities. She was able to talk with Mr. Dabkowski and Public Works and Utilities Director/City Engineer Quintas when they were in Tallahassee about this plan when getting the golf cart crossing and the feedback was very positive. When roundabouts are designed correctly they can do a very effective and safe job. Commissioner Gow commended Mr. Dabkowski and Mr. Ironsmith on a job well done. He stated he liked this concept from day one. He agreed everyone attending the meetings were very engaged and involved and all want to see this move forward. It does speak of safety, he thinks Dunedin does need that focus on slowing down and making room for all kinds of transportation. He recalled he was the only one pushing for angled parking with the concern of not enough parking and wanting to see more volume; however, he spoke with thirty to fifty bicyclists yesterday who said they wanted to see parallel parking that they thought was much safer. Vice-Mayor Freaney commented on this concept addressing the concerns brought out in the citizen survey that had many comments about this road regarding traffic, safety, conflict between golf carts, pedestrians, bicycles and cars. She agreed with the safety aspect and noted this is a fabulously vetted community input process. She attended a couple of the sessions and people asked hard questions especially about the roundabouts. She also complimented Mr. Dabkowski and Mr. Ironsmith. Commissioner Kynes reiterated her comments for the lighted raised crosswalks. She also thought the recommendation for Howard Avenue was strong. She commented when people 57 19-24
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start speeding up to go north it is a race track and there have been 80 crashes on Skinner, two with pedestrians, 8 bicyclists. She is very concerned about the Pinellas Trail and something really innovative has to be done. She is in support of the motion with those comments. She thanked Mr. Dabkowski for all the work he put in. Mayor Bujalski also referred to the citizen survey and the comments about the traffic. An interesting fact shared is that in the past couple of years the city has only added about 1,700 residents 2010 to 2019; that is a long period of time; however, the increased tourism in this county is staggering in the hundreds of thousands increase. Dunedin is a destination and certainly a place people travel through to get to work, so traffic is a big concern for those who live here and with the added tourism, S.R. 580 needs to be safe. She was hearing in 2006 when she ran for office about S.R. 580 in general. This is the first step and it is important to make that statement with FDOT preparing to do another study on the other portion of S.R. 580 and that will be a couple of years process with plenty of public input on how to make that road more safe, attractive, easier access to businesses and this is sort of the beginning. She thanked staff and everyone who came to talk about the project. VOTE: Motion carried with Commissioners Freaney, Kynes, Gow, Gracy and Mayor Bujalski voting aye. Voting nay: None. BREAK 8:30 P.M. – 8:43 P.M. 2.c. Second Reading of Ordinance 19-09 for the 3155 Garrison Road Rezoning City Attorney Trask read Ordinance 19-09 by title only. Staff Presentation Planning and Development Director Rice advised: At the first reading there were items the City Commission requested. The applicant has provided a base drawing of both the existing lot and the two lots in question; he gave the two lots on the drawing the green shading, those are the two proposed R-90 lots. The concern expressed was the access or backing out onto Garrison Road. He asked the applicant to provide what the driveway pattern would look like, which can be seen that both with have circle drives to allow for no need to back out. The other concern was access to the applicant’s existing lot. There is going to be a reserved access, ingress/egress to this lot from Garrison Road that will not require backing out onto Garrison Road. The applicant might discuss the current access to Sharpe Lane; however, it is not an official easement. The top shaded area shown on the drawing will be reserved to access this lot. City Manager Bramley asked him to confirm these two lots meet the dimensional requirements for R-90, which they do as the lot size minimum is 9,000 square feet and these are both just over 10,000 square feet; the lot width is 75 feet and the dimensions along Garrison Road are 155 feet, so both will be slightly over 75 feet. The lot depth is 110 feet and that lot is 130 feet. The setbacks are 25 feet in the front, 10 feet on the sides and 20 feet in the rear. The height maximum is 27 feet and 2 stories that will come into play; all the setbacks and height will come into play if this application is approved when the building permit comes in for the two homes. 58 19-25
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Questions for Staff Commissioner Kynes asked if the drawing is the footprint of the home and Mr. Rice explained it is showing the footprint as to how the circle drives would work. City Manager Bramley explained the item is rezoning; therefore, the drawing is an example of where the houses could be and the driveways could be just to show everything fits on the lot, but not necessarily where it will be. That will be determined at building permit. Vice-Mayor Freaney clarified that all the setbacks will be met and the turnaround will be that way. Mayor Bujalski asked for a better description of the reserved area. Mr. Rice explained currently the applicant is using the access to Sharpe Lane, but if that is ever lost they are keeping access in that shaded area that would be in the form of an easement to make sure there is access from Garrison Road to the other parcel. Mayor Bujalski asked what would cause the loss of the access on Sharpe Lane. Mr. Rice stated the owner would have to say they could no longer use it; it is an unbuildable parcel being very narrow and small and Sharpe Lane is just above that. Applicant Presentation Rod Collman of 1825 Sharpe Lane, the applicant, explained: The idea is to get a couple of smaller reasonably sized homes available. The R-200 would allow a much larger home; however, the goal here is simple. Regarding the easement, all of his utilities are in that easement area, so that will be a dedicated easement for both utilities and ingress/egress. All setback requirements, the driveway concerns, have all been met and everything he thinks is within the code requirements. Questions for the Applicant - None Mayor Bujalski opened the public hearing for public input. Joe Garrison of 3233 Garrison Road commented he had many questions now as this is different from the original on May 2. He asked is this diagram now markedly different from what was in the package on May 2, because that lapped into Sharpe Lane and went into the McQeaney residence property. He made the following comments: He thinks what is being proposed here is to take what is traditionally a large lot neighborhood, divide it down and give a red herring as he said in his email. Affordability is in the eye of the beholder, how affordable is affordable. Affordable of a half million dollar house against a $600,000 is affordable. It does not fit in the neighborhood, these houses do not fit in the neighborhood and the Commission would not want something coming into their neighborhood taking a lot and dividing it down and putting two houses like that in and neither do they. He lives up the street with a nice size house and there are other houses up there that are not much larger in the square footage, but they have a great deal of road frontage and that makes them look a lot bigger. This is going to look narrow and boxy and is not going to enhance the area. In the May meeting there was discussion about an R-60 lot; however, he is at a loss as to where that lot is located. None of these lots are R-60. He listened to the video over and over 59 19-26
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to pull out some of this information. Somewhere Mr. Rice mentioned there was an R-60 lot he was referencing that this would be compatible and he does not see where that is unless there is some weird zoning. He does not see this as an issue of more affordable, which seems to be all the discussion of the May 2 meeting; these lots will be out of the reach of most people anyway. These houses have to be $200,000 to $300,000 or $400,000; they will not be that affordable to people. This is a red herring to stuff this into their neighborhood, which is much larger 1 acre lots. He urged the Commission to reject this. It is not compatible with the neighbors and what is there and they should look beyond the 7 points of what they can do to see how it is going to damage the neighborhood. Carrie Osiel of 1860 Sharpe Lane commented: They were never notified about this hearing that was going to be happening and found out about it from a sign in the front yard. She asked if this is something she is supposed to be getting written notification, because she did not get that. The owner does not have access to Sharpe Lane, he is using Sharpe Lane that is a private drive and these two houses, she still does not see how there will be room for two circle drives. Regarding the house size, she is not a rich person and does not live in a mansion; she lives in a modest house. She moved to this area specifically to have her acre in Dunedin that is beautiful, she likes being close to downtown and likes being next to the school and she knows there will be traffic. She knew that the Blue Jays at some point might change; that is not an issue, she moved knowing they were there. She did not move here wanting two more houses to completely block and change their property value, the way they live and the way the area looks. She hopes all this will be taken into account and it will be kept at R-200 because she thinks you can still have a nice affordable home, but people want property and there is not enough left in Dunedin and other areas. James Osiel of 1865 Sharpe Lane commented they did not get an answer to their question as to whether or not they are legally required to receive written notice of these proceedings. Paul Garrison of 3233 Garrison Road brought to attention the size of these lots is probably one of the most important aspects of why anyone wants to live in this area. Recently they had a transition of 3 acres and it was a statement of we want to keep this part of Dunedin, we love Dunedin and we want to keep it country and undeveloped. He knows it is not city, but it is going on behind them as well. There are people coming in and saying they want to preserve this area. So the questions need to be asked, to look at the way this lot is being broken up and does it really adhere to what is going on in this part of the city. He does not think it does. Hearing no further comments, the public hearing was closed. Response to Public Input Mr. Rice advised regarding notice, he had a printout from the Property Appraiser’s Office of all property owners within a 500-foot radius. If they are not on the list then the Property Appraiser did not pick them up at 500 feet. Mayor Bujalski explained Mr. Rice would share that document. 60 19-27
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Commission Comments Vice-Mayor Freaney asked what is directly across the street from the lots. Mr. Rice advised it is a Planned Residential Condominium Development. Mayor Bujalski noted those are 2- story. Mayor Bujalski commented this neighborhood is like Spanish Trails and every lot is extremely large. Mr. Rice advised the full width is 155 feet, so each would be about 72.5 feet wide and 130 feet deep. Commissioner Gow commented he was struggling. He understands the concept and one of the benefits of zoning is you have an idea of what is going to happen around you. While this is in the zone he does understand that you move into the neighborhood you have an idea of the property size of everyone around you. Commissioner Kynes commented she was also struggling. What she really wanted to ask she can’t because the project is not at that point yet. Earlier the Commission commented regarding a neighborhood that has small lots and smaller homes and looking at how that would fit within the larger framework; now this is looking at the reverse. Vice-Mayor Freaney commented it does not strike her as an awful thing to do being across from 2-story condominiums; it is on the main street and not in the heart of some of the bigger homes, it kind of is. Mayor Bujalski noted it is the opening to the neighborhood. Vice-Mayor Freaney commented regarding her neighborhood where there are smaller lots, but there are two lots from the dead end with a giant house and the land was sold right at the dead end and the neighbors are concerned there will be a huge house on that property and it is almost that two small houses would be better. She does not want to micro manage this. She did understand the point by Mr. Garrison about affordable housing and that it still would be a very expensive house. Commissioner Gracy commented she had some of the same thoughts. She appreciated the feedback. She went back and watched the May meeting also and it is a little difficult to piece it together. In the end and with the discussion here she is getting the same point that it is still housing. A house is a house and albeit those are estate homes, but she thinks a sign of the times and she knows she said that last time, but she really sees that again this time that wanting to do two makes double the people who can live in Dunedin. It is a good looking neighborhood, so she is sure if the owner is going to get his cost out of it, it will be built as such. She sees the differences, but it is housing. Vice-Mayor Freaney commented until she drove through she did not know all those amazing houses were there. She asked is it better to have a couple of smaller houses as you go in and nobody knows those big houses are there, she was just thinking to herself. Commissioner Kynes commented is it one big lot and one big house, she thought about that also. Mayor Bujalski commented she does feel sort of like this is her neighborhood even though it is not directly; she drives past it probably every day and walked past it every day when her son went to Garrison, so she is very familiar with the road. She made the following points: The condos across the street are kind of an outlier, if you will, because they are not actually on this road, their main entrance is on C.R. 1. 61 19-28
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The lot on the other side of Sharpe Lane was empty for years and a house was built, a great house that was just built in maybe the last ten years and that is not a mansion, it is a beautiful home and is larger and what is on an R-200, not a big mansion, but is the kind of home that fits in that neighborhood. She is going to ask herself if this were in the middle of Spanish Trails would we do this and the answer would be absolutely not. She is seeing both sides as well; however, it was sort of like talking about putting a restaurant on Scotland and if we can do it here, would we do it there; we have to be fair thinking about it. We would not do this in the middle of Spanish Trails where they have all those big lots and would be hearing about it there too. This is the same way, but just not a one way in one way out, not the same kind of developed neighborhood that Spanish Trails is, but it is still a neighborhood that extends all the way down the bumpy road she calls it. Also behind these homes and behind her neighborhood on La Grande there is all this open property and for the last two decades a son of one of the original developers tried to develop it and to demolish a house in her neighborhood to have access and build a bunch of little homes. She is aware Mr. Rice had to deal with this at one point, they tried to get another access to it and wanted to annex and he stood strong and explained they had to be larger lots and she thinks they are trying to do the same thing on the other side of the bumpy road on the C.R. 1 side that has been a big issue for a couple of years about condominiums or townhomes, she was not sure as it was the neighbors telling her; she had not heard it here. This is a neighborhood, even though it might not look like a traditional one, and that is what is bothering her. It is kind of the situation where if this were in Spanish Trails it would not be done. She appreciated the drawings regarding the driveways, but now there will be 5 driveway cuts instead of the two that are there, which concerns her even more because of the number of people who walk to school from that direction. Commissioner Kynes, though she was not sure if she was allowed, asked Mr. Collman how much acreage is around his bungalow and he answered ½ acre. Vice-Mayor Freaney noted this was split before to be the two ½ acres. Commissioner Kynes commented she was conflicted. City Attorney Trask offered direction to the Commission: When reviewing a rezoning application the Commission reviews the criteria presented in the City Code and determines whether or not it meets those criteria. If it does meet those criteria you must approve the application. If it does not meet those criteria you must deny the application. Those criteria have to be applied that are in the staffing. Mr. Rice advised: Criteria 6 states whether the proposed rezoning will have significant adverse impacts on other property in the vicinity of the subject property. He thought some of the Commissioners are saying that it does and maybe some are saying it does not. 62 19-29
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From the staff perspective they did not see an adverse impact. That criteria is up to the Commission to decide. Vice-Mayor Freaney asked if it was his feeling that some of the clearly smaller houses on that street and Mr. Rice explained he was looking at how many different types of zoning are in that area; the second thing is in looking at Aberdeen Oaks, Glen Moor and the new development on Lexington Avenue, there are lots not even close to this size that are holding $500,000 to $700,000 homes. Mayor Bujalski interjected all of those are alike in the neighborhood and that is what this neighborhood is saying they want to keep their neighborhood alike. Mr. Rice responded that he understood and if that is where the Commission takes it he completely understood. Vice-Mayor Freaney noted right next to this is R-300 and the R-200 and asked where the lower zoning is located and Mr. Rice pointed out right to the north as indicated in the staff report there is a bunch of R-60 on the west side, north of the condos it goes to R-60. Mayor Bujalski questioned that is on C.R. 1 and not on Garrison. Mr. Rice provided the staffing and Mayor Bujalski reiterated the R-60 is coming out on C.R. 1 and not onto Garrison and that on the corner is a business and above that is the R-60 on C.R. 1. Mayor Bujalski pointed out the lots on Garrison, all are huge and they go far back and then it is her neighborhood where the R-60 comes in; that is all one piece of property. There might be small houses, bungalows, but they are on huge lots that go far back. City Manager Bramley wished to address the notice issue and verified with the owners of the property directly to the east of Mr. Collman’s property. She advised the City needed to notify according to the Pinellas County Property Appraiser’s Website and that lot is coming up, “Unable to locate parcel” and sometimes that means they have an exemption which means it is not a public record and she does not know why, but that is how their parcel is showing up. Someone responded from the audience that was inaudible. Mayor Bujalski stopped the back and forth conversation from the audience and advised the notice issue could not be sorted out tonight; however, City staff would work with them on that. City Attorney Trask advised the bottom line is they were in attendance; therefore, they have notice. Whether they got it on a piece of paper in the mail or whether they got it in a phone call or an email their due process rights are protected because they are here being able to address the City Commission. Vice-Mayor Freaney asked if there is anything else left that is R-200 along Garrison. Mr. Rice explained mostly it is unincorporated and the only Dunedin parcels he pointed out in the shaded areas; everything left in white is unincorporated Pinellas County; he did not know the County zoning. Mr. Rice explained the difference between this and Spanish Trails is that this is all unplatted; Spanish Trails is platted; therefore, the City could not split a lot if they wanted to. He noted there are four lots that are Dunedin that are R-200. City Attorney Trask advised there should be a positive motion and the Commission can vote it up or down.
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Vice-Mayor Freaney asked what happens if there is no motion. City Attorney Trask advised there has to be a motion; there is an application before the Commission and they have to act upon it. Mayor Bujalski asked someone to make a motion for the purpose of discussion, since there was already the discussion first. Commissioner Gow stated he would make the motion. Mayor Bujalski asked someone to make a second to get it on the table. Commissioner Gracy seconded. MOTION: Motion was made by Commissioner Gow and seconded by Commissioner Gracy to adopt Ordinance 19-09. Mayor Bujalski asked if there were any other questions or information the Commissioners wanted to know. Commissioner Kynes commented she thought when we go to a neighborhood we go to a particular feel whether it is historic or because we want more acreage and it is more of a pastoral feel. She does think people go toward where they want to live and then different neighborhoods begin to have a specific character or integrity. She thinks they are trying to preserve an integrity of acreage and it was exactly a flip flop of what she voted on and said no she could not go for taking a tiny lot and putting everything on it. Then she would be going against what she just voted for earlier today and that does not make sense to her. Vice-Mayor Freaney commented she was thinking if she was struggling this hard, to stay with the way it is, because in the absence of an overwhelming need to change perhaps we should let it be what it has been. She says that because she is not sure the right answer and because of that she thinks maybe the best answer is to leave it alone. Commissioner Gracy verified with Mr. Rice the staff recommendation to approve was based on the staff opinion that the application met all the criteria. She stated she is still in the same place and would be supportive of a positive motion. Commissioner Gow stated he voted yes on the first vote because he liked the idea of smaller houses in Dunedin and he is concerned about McMansions and so forth, which was also part of his struggle on the earlier vote tonight. It was a bigger house in trying to reflect what the residents have been saying, smaller. He went back to his earlier comments about why things are zoned because of knowing what the area is going to be and it is the same for these neighborhoods and the people who bought in them. It is a struggle for him wanting a smaller footprint for homes in Dunedin, but also wanting to support the integrity of the established neighborhoods for the way they are. Even now he did not know how he would vote. Mayor Bujalski referred to the staff report; Criteria 6. Whether the proposed rezoning will have significant adverse impacts on other property in the vicinity of the subject property. She thinks there is the possibility of that, maybe she wouldn’t if she didn’t live in that area; it will not affect her and her property so there is no conflict; she lives in the area, not in this particular, on Sharpe Lane. She just knows the area very well, she walks her dog there, she walked her son there and drives on that road every day. She does think that it has the possibility of having significant adverse impacts on the neighborhood. She is concerned about the curb cuts with students walking to school. She will not be supporting the application. 64 19-31
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Commissioner Gow verified this is currently an empty lot except for an old garage, nothing livable. Mayor Bujalski clarified there had been a house on the property, but it was moved to the back. When Commissioner Gow commented they moved it in order to divide the lot, Mr. Collman responded they moved it to be under the trees. Commissioner Gow referred the criteria Mayor Bujalski just read about significantly impacting; that goes to his concerns about the development downtown; it is not just one building if we don’t like it we will survive, but it is the understanding that building sets a precedent and now there is a whole block that looks 3 or 4 stories high and that is his real concern. He stated it is pretty much established, this is just talking about just one building. Mayor Bujalski responded to Commissioner Gow’s statement noting there are a number of lots on the east side of Garrison that over the last twenty years someone has tried to purchase to get back to the bigger property behind and make it something different. In all of those efforts that neighborhood has fought those things from happening for this very kind of reason. Yes, it is very established, but it is also very volatile and she does think there is some precedent setting here in her view. Commissioner Gow clarified we might not like this one, but could put up with it, but if there could be future consequences because of this that would be his concern. Vice-Mayor Freaney asked when the property was split to ½ acres and why. Mr. Rice explained that is what R-200 is, ½ acre and ½ acre. Mayor Bujalski called for the roll call vote. VOTE: Motion failed 3-2 with Commissioners Gracy and Gow voting aye. Voting nay: Commissioners Freaney, Kynes and Mayor Bujalski. 2.d. Second Reading of Ordinance 19-11 for CRA Street Types Amendment City Attorney Trask read Ordinance 19-11 by title only. MOTION: Motion was made by Commissioner Gow and seconded by Commissioner Kynes to adopt Ordinance 19-11. Staff Presentation Planning and Development Director Rice advised: When this item was left at first reading the City Commission requested three additional informational items for the second reading of the ordinance: 1. Make the final changes to the CRA Street Types Map The Honu and the Stone House has been changed from “B” to “A” The other request was for the one City-owned lot behind the Living Room on Wood and Highland has been changed to “A” 2. Provide the Table of Permitted Uses adopted in Ordinance 19-05 to split the Downtown Core “DC” zoning district into two columns, one for “A” and “C” streets and a separate column for “B” streets. The new Permitted Use Table is shown as an Attachment “C” to this agenda item. 65 19-32
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One thing that was not part of Ordinance 19-05 was Municipal Service Buildings are permitted in “A” and “C” but not permitted in “B”. Mr. Rice did not want to do a complete new ordinance because the City Hall two parcels are “A” streets; therefore, it will not make a difference. If it comes to some other municipal type building in a “B” area that adjustment would have to be made at that time. 3. Schedule a future workshop to show how building heights are measured to include structures inside and outside the floodplain. This workshop is scheduled for June 4, 2019. Regarding the 36 feet versus 40 feet, there were a couple of architects who wanted the 40 feet; however, that question was taken to the Architectural Review Committee and they thought the 14-foot first floor with 9-foot second and third floors would still provide the 2 feet of structure between and come out to 36 feet. The ARC was okay with the 36 feet; however, that can be revisited at the June 4, 2019 Workshop. The ordinance currently reads 36 feet. The Public Hearing was opened. Hearing no comments, the public hearing was closed. Commission Comments Vice-Mayor Freaney asked if it was determined the permitted use is actually a formal ordinance as well. Mr. Rice advised that was part of Ordinance 19-05 and he was just showing that. VOTE: Motion carried with Commissioners Gracy, Freaney, Kynes, Gow and Mayor Bujalski voting aye. Voting nay: None. City Manager Bramley commented these items are not like a 5K, it is a marathon and this is the end of the marathon and she commended Mr. Rice for the work he has done. Mayor Bujalski and the Commissioners concurred. BREAK 9:35 – 9:45 p.m. 2.e. First Reading of Ordinance 19-15, Amending Chapter 58, Pensions and Retirement City Attorney Trask read Ordinance 19-15 by title only. MOTION: Motion was made by Commissioner Gracy and seconded by Commissioner Gow to approve Ordinance 19-15 on first reading. Staff Presentation Human Resources and Risk Management Director Smalling advised: In response to revisions in the Internal Revenue Code (IRC) and its associated Regulations, guidance from the Internal Revenue Service (IRS) and recent litigation, Fire Pension Board Attorney Scott R. Christiansen of the Law Offices of Christiansen & Dehner, P.A. has proposed a number of amendments to the firefighter retirement system pension plan. The Exhibit in the agenda packet has the details of the amendments as were detailed in a letter from Mr. Christiansen. There is also a letter from the Pension Board's actuarial firm indicating that there will not be an impact to the pension's current valuation. The changes have to do with disability and how retirement is handled. The ordinance with the tracked changes it can be seen some of the language has just been moved through 66 19-33
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separate subsections and taken out the sections that talk about terminated persons and put that in a separate section. Staff recommends approval of the ordinance on first reading. 1. Section 58-58, Disability, is being amended to more clearly identify those individuals who may be eligible to apply for a disability pension in the event that they have resigned or their employment is terminated. This clarification does not change the way in which this provision has been applied or interpreted in the past. This change is being made because the current language has been challenged in litigation as being unclear and has resulted in unintended application of the language. The recommended change clarifies the language with no change in the intended application. Subsection (g), Workers' Compensation, is also being amended to clearly identify the new minimum benefit accrual rate of 2.75%, as provided for in Chapter 175, Florida Statutes. 2. Section 58-65, Maximum Pension, is being amended by changing subsection (h) to exactly comply with IRC provisions. 3. Section 58-67, Miscellaneous Provisions, is being amended to add subsection (i), Missing Benefit Recipients. This provision is in accordance with a recent IRS Programs Compliance Memorandum that requires plans to have an approved method for locating terminated individuals who are due benefits from the plan. 4. Section 58-77, Deferred Retirement Option Plan, is being amended to remove subsection (f)(8), Prevention of Escheat and re-number the remaining subsections. The information contained in this subsection is being expanded in accordance with IRS guidance and moved to the Miscellaneous Provisions Section of the Plan where it will apply to all benefit recipients rather than just DROP recipients. 5. Section 58-79, Reemployment After Retirement, is being amended to make several changes as required by the Internal Revenue Code to satisfy the qualification requirements applicable to the reemployment of a disability retiree. Additional changes have been made to clarify reemployment after receipt of early retirement benefits. Questions for Staff Commissioner Kynes commented she found it interesting and asked if it was correct with DROP that you can DROP and then you can come back and preserve your DROP. Dr. Smalling explained the way DROP works is you are considered retired, but you continue to work as an employee for a certain period of time, up to 5 years. Once you end DROP you are done, but you can come back in another capacity, yes, but not in the same job. Mayor Bujalski noted you have to be very careful about how you come back. Mayor Bujalski opened the meeting for public hearing for public input. Hearing no comments, the public hearing was closed. VOTE: Motion carried with Commissioners Freaney, Kynes, Gow, Gracy and Mayor Bujalski voting aye. Voting nay: None. There will be a second reading on June 6, 2019. 67 19-34
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2.f. State Revolving Fund Construction Loan Agreement with the Florida Department of Environmental Protection Staff Presentation Assistant Director Public Works & Utilities Stanek advised: In regard to the State Revolving Loan Construction Loan Agreement with the Florida Department of Environmental Protection there is an amended recommendation: The Commission: Reaffirm its authorization granted in Resolution 19-12 allowing execution, upon receipt, of the final FDEP SRF Construction Loan Agreement by the City Manager, upon review by the City Attorney; Final FDEP SRF Loan Agreement funding shall be in accordance with attachment “DWSRF Priority List FY19 – Adopted 05/08/2019 Meeting,” with an authorized loan amount of $28,270,737 Last week the State had a priority listing hearing and authorized the Phase 2 portion of the City’s SRF loan in the amount of $28,270,737, which is reduced from the previous amount as broken down in the staffing memo. Additions include the City will be required to pay capitalized interest, which is accumulated on funds from the time of withdrawal; and a loan servicing fee, which is 2% of the dispersed amount. This afternoon the City received the draft agreement from FDEP. Section Engineer Public Works & Utilities Ferlita advised: The City received an estimated bond rate of 4.25% as market value and then received the estimated loan percentage rate of 1.03% for this loan. Amortized over the life of the loan it adds up to a savings of approximately $10.8 Million in interest alone; it also reduces the annual loan payment by over $500,000 a year for the repayment program. Kevin, the Site Superintendent with Overland Contracting, and Mark Brewer with Angie Brewer & Associates, President of the City’s SRF funding coordinator were present to answer any questions. Commission Comments Vice-Mayor Freaney along with the Mayor and Commissioners thanked staff and the consultants for the excellent job. Mr. Stanek noted this is versus the standard bond where the City gets all the money up front and starts paying full interest up front for the entire amount. MOTION: Motion was made by Commissioner Gracy and seconded by Commissioner Gow to: 1) Reaffirm its authorization granted in Resolution 19-12 allowing execution, upon receipt, of the final FDEP SRF Construction Loan Agreement by the City Manager, upon review by the City Attorney; 2) Final FDEP SRF Loan Agreement funding shall be in accordance with attachment “DWSRF Priority List FY19 – Adopted 68 19-35
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05/08/2019 Meeting,” with an authorized loan amount of $28,270,737 VOTE: Motion carried with Commissioners Kynes, Freaney, Gow, Gracy and Mayor Bujalski voting aye. Voting nay: None. 2.g. Guaranteed Maximum Price (GMP) contract for the Progressive Design-Build Services for the construction portion of the Water Treatment Plant (WTP) Refurbishment Staff Presentation Mr. Ferlita advised: Staff recommendation is to award the contract to Overland Contracting, Inc. for the construction portion of the project in the amount of $28,024,437. He reviewed the background as provided in the staffing memo. Construction activities are expected to take approximately 20 months with substantial completion by December 10, 2020. OCI has successfully completed Phase 1 of the Design/Build contract and has successfully completed other projects of similar scale and level of complexity; therefore, staff expects a timely and satisfactory completion of this project as well. Tentative date for the groundbreaking is June 27, 2019, at 10:00 a.m. Mayor Bujalski noted Pinellas County Commissioner Eggers, former Dunedin Mayor, should be contacted as he was the person who pushed the City to go on master planning for this project, it began under his watch. MOTION: Motion was made by Vice-Mayor Freaney and seconded by Commissioner Kynes to award the GMP contract to Overland Contracting Inc. (OCI) for the construction portion of the WTP Refurbishment Project in the amount of $28,024,437. VOTE: Motion carried with Commissioners Gracy, Gow, Kynes, Freaney and Mayor Bujalski voting aye. Voting nay: None. 2.h. Resolution 19-23, Supporting Florida Gulf Coast Hope Spot – Mission Blue Hope Spot City Attorney Trask read Resolution 19-23 by title only. MOTION: Motion was made by Commissioner Gow and seconded by Commissioner Kynes to adopt Resolution 19-23. Staff Presentation Sustainability Coordinator Henley introduced with her Ray Bouchard and advised: Before the Commission was an outline of the nomination of the Florida Gulf Coast Hope Spot through Mission Blue, the Dr. Sylvia Earle Alliance. Mr. Bouchard, Vicki Love and Tracy Tippin have spearheaded this project locally and have worked diligently on getting support. Mr. Bouchard referred to a PowerPoint presentation attached to and made a part of these minutes explaining the project and the benefits. Hope Spots were introduced in 2009 by Dr. Earle as special places critical to the health of the ocean. They may have unique ecological features, a diversity of or a rare or 69 19-36
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threatened species, spawning or nursery areas, historical, cultural or spiritual values. Also, they are of economic importance to the community. Hope Spots are nominated by individuals, groups or communities and approved by the Mission Blue Council. A Hope Spot is not a legal designation; they do not create legislation. It is not a regulatory entity and not able to have rules or restrictions. Specifically this Hope Spot will be all the things outlined and their mission is to become a conduit for all the different entities involved. There are many scientific research facilities in this area involved and letters of support from them. They can take the information available to everyone through these scientific organizations and through governmental organizations and be more or less like an octopus with many tentacles. They will hold all the information for everyone and everyone who needs the information can have it. Hope Spots bring awareness to the adverse impacts of unsustainable use, promote sustainable use of our precious waters. It is a means to educate and share information and support research. They want to be an education facility certainly beginning with programs for children, but there is the need to continue to educate adults. This is one reason Hope Spots do not police areas as that is the job of the Fish & Wildlife Commission (FWC). They bring attention through media, educating the public, giving workshops to help people understand what they need to do when they are out doing their jobs, fishing and so forth. Benefits of being a Hope Spot include that Mission Blue will provide world class advice. Their Commission is made up of some of the top Marine Scientists in the world. They have access to an extensive international network of marine experts, visibility, traditional and social media, press releases and expeditions. They will bring people to this area from around the world who find our unique situations necessary to study and with all the research will share ideas and information with the science groups already working here. They will offer access to their online tools and will provide an online presence and share stories. Mission Blue resources facilitate funding support. There is a large endowment already in place. They are not asking for money from anyone and will actually be able to provide funding for certain research areas that do not presently have funding. Also, they provide collaboration between potential partners, assisting and increasing local and national governmental recognition. Ms. Henley advised: This is a global discussion because it is about communities and coming together, sharing education information to understand best practice. Hope Spots locations were shown all around the world that are being nominated or are already a Hope Spot. The conversation is being brought to Dunedin and the Gulf Coast, starting here as it aligns with the City’s Epic Goals, specifically into Goals 3 and 4. It also plays a part in the other three Epic Goals. She thinks this supports who we are as a community and aligns with the Epic Goals and the Comprehensive Plan. 70 19-37
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On the screen she showed the proposed area for the Hope Spot which spans the majority of the Gulf Coast from Apalachicola Bay to just south of Marco Island. It is a wonderful expanse to be able to designate that area of research and study in order to learn more about our natural resource. Mr. Bouchard advised: The map indicates Dunedin as the epicenter of this area which makes it critical for this area to be the support; he would call it a host city. This puts Dunedin in the middle of the map and all these different items will take place hopefully right from the city. Their support includes over 150 individuals. Previously, when this was written, Tampa Bay Estuary Program, now there is also the Pinellas County Commission that just sent a letter this morning. There are 8 businesses locally, 6 conservation groups, 3 scientific educational institutions, 1 USF Scientist, 1 University of Tampa Scientist and along with a student group associated with Jane Goodall’s group, Roots and Chutes. Two more talks are in progress with other city level governments and several talks in the early stages with other groups up and down the state. Ms. Henley commented this is still being discussed in the area and what they have found through their diligent work is there is a lot of local support. It is really about community and protecting our natural resources. Mayor Bujalski opened the public hearing for public input. Debbie Sheldon of 598 Baywood Drive S., Chair for the Committee on Environmental Quality, advised the committee supported coming before the Commission on this topic. It moved very fast; therefore, they did not have the opportunity to actually vote on it, because they had the initial discussion and determined it was a fabulous idea and to take it to the Commission. They have been kept up to date by the communication that Ms. Henley has provided and she has done a wonderful job of keeping them up to date. Hearing no further comments, the public hearing was closed. Commission Comments Commissioner Gow commented he was very excited about this project. He thought especially in looking at the Epic Goals, especially #4 about being a statewide leader, that this is what that goal speaks to. It is putting the city out in front in what it is striving to be for sustainability and what is good for our oceans. He noted it can be seen by the breadth of the area the vastness of what can be protected and what can be done within the local area for critically endangered species found in our local waters and two that are just endangered. Commissioner Kynes agreed she thought it was wonderful and she did forward it the Florida League of Cities, Rebecca O’Hara. Commissioner Gracy echoed the comments of Commissioners Gow and Kynes. Vice-Mayor Freaney commented the city’s greatest asset is to protect our water access and the environmental component. It is another way Dunedin can lead and she is excited that the County also did their part at that level. Mayor Bujalski echoed all the comments of the Commissioners.
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Commissioner Gow commented this all came about when Dr. Earle was here for the International Film Festival and she gave two talks after that and mentioned Hope Spot and it was amazing the number of people who got excited in that group who wanted to do it, but all it took was looking at the application process and it was not something to be taken lightly; it is a very serious thing to be done. He expressed thanks to Tracy Tippin, Vicki Love and Ray Bouchard for taking this on and working diligently on it and brining it forward and Ms. Henley has been instrumental. Mr. Bouchard noted during the initial discussion St. Joseph Sound was the original area and he found so much immediate support that he contacted Dr. Earle and told her he would like to go for the whole Gulf of Mexico and she said definitely think big, but through the scientific experts at Mote Marine and other agencies sharing information it was determined this would be a more practical use for the entire state and put Dunedin in a much bigger level to be a state leader. VOTE: Motion carried unanimously with Commissioners Freaney, Gracy, Kynes, Gow and Mayor Bujalski voting aye. Voting nay: None. 2.i. Resolution 19-24, to approve Spring Training Change Order No.8 City Attorney Trask read Resolution 19-24 by title only. MOTION: Motion was made by Vice-Mayor Freaney and seconded by Commissioner Gow to adopt Resolution 19-24. Staff Presentation Deputy City Manager Hutchens advised: Resolution 19-24 is to appropriate funds for the Stadium in the amount of $8,943,042. It is for doors, frames and hardware, entrances and storefronts, overhead closing doors, athletic equipment and netting, fire suppression and air conditioning and plumbing, electrical and low voltage systems and audio visual equipment. This is the 8th Change Order and it has been signed by the contractor, the architect, the Toronto Blue Jays and seeking the Commission approval of execution. There will be one or two on June 6 and June 20 with the expectation of a final GMP for Commission consideration on July 11. Questions for Staff Commissioner Kynes asked the status of the spending. Mr. Hutchens advised: It is approaching the “magic number” at almost $75 Million. He, along with Attorney Eschenfelder with the City Attorney’s Office, Finance Director and Parks and Recreation Director had a conference call today with the Blue Jays in Toronto and they had a discussion how on June 6 probably the $81 Million will be exceeded with the next appropriations request and the mechanism by which to have assurances that the Blue Jays will be able to appropriately fund that at the right time. Granted, these are appropriations, but the dollars actually being spent are lagging by a few months; therefore, there is room before getting to spending up to the $81 Million, but the City wants assurances when the Commission appropriates beyond the $81 Million that those dollars are committed by the Blue Jays to fill that void. They had a good discussion 72 19-39
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about that. Attorney Eschenfelder and Penny Colby the Attorney the Blue Jays have hired out of Los Angeles, are working on a simple one-page document to be executed. Mayor Bujalski opened agenda item for public input. Hearing no comments, the public hearing was closed. VOTE: Motion carried with Commissioners Kynes, Gracy, Gow, Freaney and Mayor Bujalski voting aye. Voting nay: None. 2.j. STARRED ITEM: Resolution 19-25, encouraging the Governor to Veto House Bill 1159, which would prohibit local governments from requiring a permit, application, notice, fee, approval, or mitigation for tree removal, trimming, or pruning of a “dangerous tree” on residential property MOTION: Motion was made by Vice-Mayor Freaney and seconded by Commissioner Kynes to place this item on the agenda. VOTE: Motion carried unanimously. City Attorney Trask read Resolution 19-25 by title only. MOTION: Motion was made by Vice-Mayor Freaney and seconded by Commissioner Kynes to adopt Resolution 19-25. Staff Presentation City Arborist Wilson advised: On April 26, 2019, the Florida Legislature passed a House Bill 1159. This bill prohibits from requiring a permit to prune, trim or remove trees from residential property that “presents a danger to persons or property” provided the homeowner provides documentation from a certified arborist or landscape architect. In addition the bill prohibits local government from requiring any tree replants. The bill also eliminates the requirement for electrical utilities to obtain approval from local governments to maintain and prune their vegetation. He wanted to bring this to the Commission as he thinks it could have negative impacts for the City. The City tree ordinance was developed about forty years ago and it was demanded by the public at that time and has been perfected and honed down and gotten better over time. One of his concerns is having either inexperienced arborists writing letters that a tree could be dangerous or hazardous, or unethical people leading to possibly taking money for compensation to write a letter to cut a tree down that is not in fact hazardous or dangerous. The City provides that service in an unbiased form through him. He is Tree Risk Assessment Qualification (TRAQ) certified through the International Society of Arbor Culture, so he already gives that evaluation as a citizen of Dunedin. The City wants the ability to permit it and review and be involved in that and this bill could circumvent that. The City already agrees to let residents cut down a hazardous tree, if you apply for a permit and have a dangerous or hazardous tree it is approved and sometimes the City requires it and there are certain dates and timeframes to comply. The City is not saying not to cut down a dangerous or hazardous tree, they just want the chance to evaluate it. 73 19-40
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The other component is this bill would not allow the City to ask for replants on properties that are deficient of trees and that could be extremely devastating for the environment, both wildlife habitat and just on heating and cooling impacts and stormwater runoff. The City does not require trees to be planted for every removal, but just for properties deficient in tree quantities or for new construction. Dunedin has an agreement with Duke Energy through the City’s Public Works Department that already works fairly well as far as allowing them to prune and they do provide the City notice as a courtesy. They prune according to federal standards and already provide notification that the City publishes on the website. The Parks and Recreation Department strongly supports the approval of this resolution and the Commission is asked to do the same by encouraging Governor DeSantis to veto House Bill 1159. Commission Questions Commissioner Kynes asked if anything has been heard about a veto and how long a period is there to know. Mr. Wilson advised it would be June 1st and if passed it would be in effect July 1st. Commissioner Kynes suggested everyone needs to get on the phone. Mr. Wilson stated he has heard an outpouring from the citizens and they have done that and sent emails, more than he had expected. Commission Comments Vice-Mayor Freaney commented she never thought this would be voted in by the Legislature. She wants to send the resolution and she thinks also the fact should be played that our Governor loves Dunedin and knows it is a special place. He received kudos today in the Tampa Bay Times for already respecting home rule with the plastic straw issue. She thinks this is an even greater attack in terms of some of the things that make the city special. She looked at issues over the years, the Land Dedication Ordinance, no billboards, being a Tree City; Dunedin has always done these things to help make it special. She wants to make sure the residents get it because these are the things that they will hate; however, they need to understand will have direct impact. She thought also there should be a good letter that talks about this being one of the things that is special to our community and it is important for the City to continue to be the local government using its best judgment on these types of decisions. Mr. Wilson was reminded that that this could have consequences to Dunedin’s Tree City U.S.A. designation. Not that the city would not still get it, but it definitely helps in that it requires a solid tree ordinance and some portions of that would be changed and removed and other things would be changed as well. Vice-Mayor Freaney explained she was suggesting a very humanized letter that expresses this is part of what makes Dunedin special from the Mayor and Commission. City Manager Bramley suggested drafting a letter and attaching it to the resolution. The Mayor and Commissioners were in agreement to attach a letter to the resolution as discussed. 74 19-41
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Mayor Bujalski commented she appreciated when City employees bring these issues forward because everyone is not always paying attention to every single thing that is happening in every department. It is important to keep up that kind of thing. Parks & Recreation Administration Superintendent Sheets commended Mr. Wilson for the fantastic job of monitoring these types of bills over the last few years. Up until this point none of the proposed bills gained traction or left committee and were not really seen as a threat. There have been a number of environmental groups pushing back at the State level, so it really did catch the City off guard when this was passed at the last moment. Mr. Wilson stayed on top of it and brought it to her attention immediately and then wanted to bring it to the Commission as quickly as possible. VOTE: Motion carried with Commissioners Gracy, Gow, Kynes, Freaney and Mayor Bujalski voting aye. Voting nay: None. 2.k. The revised proposed agenda for the June 6, 2019 Commission Meeting Mayor Bujalski requested to move the Golf Cart Ordinance to the first action item on the agenda since there will be a lot of people for that discussion. City Manager Bramley advised staff is requesting to move this item to June 20, 2019, agenda. Mayor Bujalski commented she would still request it be the first action item. City Manager Bramley advised it could be the first action item. Hearing no other changes, Mayor Bujalski asked for a motion. MOTION: Motion was made by Vice-Mayor Freaney and seconded by Commissioner Kynes to approve the revised proposed agenda for the June 6, 2019 Commission Meeting. VOTE: Motion carried unanimously. 3. INFORMATIONAL ITEMS Vice-Mayor Freaney advised she would be absent for the June 6, 2019, meeting and requested consideration for an excused absence. MOTION: Motion was made by Commissioner Gracy and seconded by Commissioner Gow to approve an excused absence for Vice-Mayor Freaney for the June 6, 2019 City Commission Meeting. VOTE: Motion carried unanimously. Commissioner Gracy advised she would be absent for the June 6, 2019 meeting and requested consideration for an excused absence. MOTION: Motion was made by Commissioner Gow and seconded by Commissioner Kynes to approve an excused absence for Commissioner Gracy for the June 6, 2019 City Commission Meeting. VOTE: Motion carried unanimously. ADJOURN MEETING The meeting adjourned at 10:30 p.m. 75 19-42
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NOTE: The meeting was completely recorded and the recording is in the official file. This meeting was also broadcast by Dunedin TV.
Julie Ward Bujalski Mayor Attest:
Denise M. Kirkpatrick City Clerk
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Agenda Item: 2.b
Meeting Date: July 23, 2019
MEMORANDUM
To: City Commission
Date: 2019-05-24
From: Denise Kirkpatrick, City Clerk
Subject: Board and Committee Appointments/Reappointments
A. Stormwater Advisory Committee Reappoint Regular members: Larri Gerson to her 1st full term that expires June 1, 2022, Belle Gruber to her 2nd full term that expires June 1, 2022 & Susanne Gow to her 4th and final term that expires June 1, 2022.
Presenter(s): Denise Kirkpatrick, City Clerk
Recommend: Staff recommends to approve all reappointments.
Epic Goal(s): #5 Embrace community and employee relationship strategies that strengthen inclusiveness, respect, transparency and collaborative engagement.
Boards & Committees: N/A
Budget Impact: N/A
Past Action: N/A
Next Action: N/A
Attachments: A. Stormwater Advisory Committee Roster.pdf,
77 Background: N/A
78 City of Dunedin, Florida STORMWATER ADVISORY COMMITTEE
BOARD ROSTER
JILL GUNN Position Causeway Rep. lll!li!lmJ Jun 18, 2019- Jun 01 , 2022 Email: [email protected] 619-578-9 190 Address: 11 3 Shore Dr Dunedin, FL 34698
KAREN MULLINS Position Secretary t.li!!IM May 24, 2011 - Jun 01 , 2021 Email : dunedi [email protected] 727-434-2433 Add ress: 678 OAKWOOD DR DUNEDIN, FL 34698
MATTHEW WERHNER Position At-Large lfi@IIIM Mar 03, 2016- Jun 01, 2021 Email : [email protected] 727-786-47 11 Address : 2276 GULF VIEW BLVD DUN EDIN, FL 34698
CHRISTOPHER P MCLAUGHLIN Position At-Large lfi!iii@IM Sep 18, 2018- Jun 01 , 2021 Email: [email protected] 56 1-234-0760 727-725-3269 Address: 1677 BROOK DR DUNEDIN, FL 34698
ELIZABETH GRANT IEIID Jun 18, 2015 • Jun 01 , 2021 Email: elizag@tampabay. rr. com 727-738-0898 Address: 152 BUENA VISTA DR N DUNED IN, FL 34698
DONALD KNAPP Position Vice Chair/At-Large t.ll!!•D Mar o4, 201 o. Jun 01 , 2020 Email: [email protected] 727-734-3730 Address: 214 1 SARAZEN DR DU NED IN, FL 34698
ELEANOR MCCOOK Position At-Large lfilli!ilil iAifij Nov 06, 2018 • Jun 01, 2020 Email: [email protected] 678-427-0 529 Address: 511 Douglas PI Dunedin , FL 34698
79
Stormwater Advisory Committee Page 1 of 2 BILL SWEETNAM Position AI-Large 1311h§.!iijh.i May 19, 2016- Jun 01, 2020 Email: [email protected] 727-733-6888 727-688-4670 Address: 22 BIRDIE LANE PALM HARBOR, FL 34683
JAMES W SEFCIK Position Chair/At- Larg e t..ttfiit!ttiij Jun 17, 2010- Jun 01 , 2020 Email: [email protected] :Home: 727-709-0069 Address : 1 t51 MACFARLAND ST DUNEDIN, FL 34698
BELLE GRUBER Position At-Large Ba Aug 25,2016- Jun 01,2019 Email: [email protected] 727-519-3912 Address: 1916 BAYSHORE BLVD DUNEDIN, FL 34698
SUSANNE GOW Position Friends of the Hammock ElZ!Ii!D Mar 04, 2010- Jun 01 , 2019 Email: [email protected] 727-733-5409 Address: 17 17 SAN MATE O DR DUNEDIN, FL 34698
LARRIGERSON Position At-Large l@!fljii§U.i Nov 01 , 2016- Jun 01 , 2019 Email: [email protected] 727-492-0984 727-492-0984 Address: 1310 OVERCASH DR DUNEDIN, FL 34698
WHITNEY MARSH Position Staff Liason Gl!l1!lmJ Email : [email protected]
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Stormwater Advisory Committee Page 2 of 2 Agenda Item: 2.c
Meeting Date: July 23, 2019
MEMORANDUM
To: City Commission
Date: 2019-07-16
From: Theresa Smalling
Subject: Renewal of the Lease Agreement with Pinellas County for the Pinellas County Sheriff's Office North Fleet Building
Presenter(s): Theresa Smalling, Director of Human Resources and Risk Management
Recommend: Staff recommends the Commission approve the Lease Agreement for an initial five-year period..
Epic Goal(s): #5. Embrace community and employee relationship strategies that strengthen inclusiveness, respect, transparency and collaborative engagement.
Boards & Committees: N/A
Budget Impact: Annual Lease Payment from Pinellas County to the City in the amount of $47, 264, paid monthly. Annual automatic rate increase of 3% for each year of the contract.
Past Action: N/A
Next Action: N/A
Attachments: A. Dunedin PCSO Fleet Lease v.05 AATF for Dunedin Signature 7-01-19.pdf,
Background: Since 1998, the Pinellas County Sheriff's Office North Fleet Division has been housed in a portion of the City's Fleet Services Building, approximately 5,908 81 square feet. The current lease agreement between Pinellas County and the City expired as of June 30, 2019. City Staff and Pinellas County Real Estate Management Staff negotiated a new five-year lease agreement (see attached). The new annual lease amount is is based on $8 per square foot, an increase of $2.90 per square foot over the initial proposed lease amount. The Sheriff's Office retains the same number of parking spaces and square footage, but Solid Waste will now have two parking spaces in proximity to the Solid Waste building for visitor parking.
The lease rate will increase each year by 3%. The contract will be in effect for five years with up to three additional renewal terms of 5 years each; the City retains the right to re-visit the lease rate every five years during the life of the contract.
Staff recommends that the Commission approve the Lease Agreement with the County.
82
LEASE AGREEMENT
THIS LEASE AGREEMENT shall commence July 1, 2019 (the “Effective Date”), by and between the CITY OF DUNEDIN, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as “CITY,” and PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter referred to as “COUNTY,” jointly referred to as the “Parties” (the “Agreement”), which terms include each party’s respective heirs, assigns, executors, administrators, legal representatives and successors. W I T N E S S E T H 1. PREMISES. In consideration of the rent hereinafter agreed to be paid by COUNTY to CITY, and in consideration of the covenants of the respective Parties hereto, each to the other to be performed by them at the time and in the manner hereinafter provided, CITY does hereby lease and let unto the COUNTY, and COUNTY does hereby lease from CITY, a portion of the real property known as the City Vehicle Maintenance Facility (the “Facility”) located at 1080 Virginia St, Dunedin, Florida, consisting of a 5,908 Rentable Square Feet (“RSF”) vehicle garage containing six vehicle bays, an administrative office, and a parts room (the “Garage”), together with areas shown on Exhibit “A” “Parking Plan” (the “Premises”) and as further shown on Exhibit “B” “Site Plan”, both attached hereto and incorporated herein. COUNTY hereby accepts the Premises in its “as is” condition as of the Effective Date. 2. TERM AND RENEWAL. Subject to and upon the conditions set forth herein, including any exhibit or addendum hereto, the initial term of this Agreement shall commence on the Effective Date and will extend for a term of five (5) years thereafter (hereinafter referred to as “Lease Term”), unless sooner terminated or extended to a later date under any term or provision of this Agreement. In the event the Effective Date occurs on a date other than the first day of a month, said Lease Term shall extend for said number of days as to make the effective date of the first lease year the first day of the following month and subsequently, each anniversary date thereafter (each an “Anniversary Date”). Either Party may terminate this Agreement, with or without cause at any time by giving the other Party one hundred and eighty (180) days written notice. This Agreement shall automatically be renewed for an additional five (5) years, not to exceed three (3) consecutive additional renewals (each an “Option Term”), unless either Party terminates this Agreement as set forth above. Notice of such Option Term will be provided from the COUNTY to the CITY as provided for in Paragraph 22. NOTICES or to such other place as CITY may hereinafter designate in writing. 3. USE AND ACCESS. COUNTY covenants that the Premises during the continuance of the Agreement shall be used and occupied as a vehicle maintenance facility and administrative office space and for no other use. CITY shall allow COUNTY reasonable access to the Premises. In the event of a local state of emergency, severe weather conditions or pending natural disaster, COUNTY will conduct its operations in accordance with the PCSO Hurricane Preparedness Plan, as it exists from time to time, as outlined on the attached Exhibit “D” “Hurricane Plan.” 4. CONDITION OF PREMISES. No agreement to alter, remodel, decorate, clean or improve the Premises has been made between CITY and COUNTY. COUNTY hereby accepts the Premises in its “as is” condition as of the Effective Date. 5. POSSESSION AND RENTAL COMMENCEMENT DATE. COUNTY shall be granted possession and Rent shall commence on the Effective Date. COUNTY agrees to pay CITY Annual Base Rent (“Base Rent”) for the Premises during the Lease Term beginning on Effective Date. A. Initial Annual Rate. During the first Lease Year, COUNTY shall pay to CITY Base Rent in an amount equal to $8.00 per square foot per annum. 83 Page 1 of 16
B. Time and Place of Payment. The Rent shall be due and payable, in advance, on the first (1st) day of each calendar month during the Lease Term. COUNTY shall pay the Rent to the “City of Dunedin” at the CITY’S address that appears in Paragraph 22. NOTICES or to such other place as CITY may hereinafter designate in writing. C. COUNTY is tax exempt. If COUNTY loses tax exempt status, COUNTY shall pay, together with Rent due under this Agreement, an amount equal to all sales, use, excise and other taxes now, or hereinafter, imposed by any lawful authority on all amounts due or required under this Agreement and classified as Rent by any such authority. D. Adjustment of Rental Rate. Base Rent shall increase annually upon each Anniversary Date at a rate of 1.03 times the Base Rent for the preceding Lease Year as set forth in the Rent Schedule attached to this lease as Exhibit “C” “RENT SCHEDULE” and incorporated herein. 6. TAXES AND SPECIAL ASSESSMENTS. In the event that any ad valorem, rental, sales or similar taxes or special assessments are levied upon the leased Premises due to the existence of this Agreement, then COUNTY shall pay all such taxes and special assessments so imposed. 7. ALTERATIONS & IMPROVEMENTS TO PREMISES. A. COUNTY shall make no structural change or alteration to the Premises or other parts of the facility, without written consent of CITY, and COUNTY shall be responsible for any damages to the Premises caused by the COUNTY, or its, employees, invitees, customers, clients or guests, ordinary wear and tear excepted. COUNTY shall pay for all charges for permitting, labor, services and materials used in connection with any improvements or repairs to the Premises undertaken by COUNTY. Modifications or improvements made during this Agreement Term shall become property of CITY upon expiration or termination of this Agreement, unless COUNTY desires to remove said modifications or improvements which can be removed without damage or injury to the Premises. B. Nonstructural alterations may be made by COUNTY with CITY consent (subject to COUNTY complying with all codes and obtaining necessary permits) and may be removed (assuming doing so will not result in compromise to the existing facility) or abandoned at COUNTY’S election when COUNTY vacates the Premises. 8. CITY AND COUNTY RESPONSIBILITIES. A. CITY Responsibilities Throughout the Lease Term, CITY shall, at its sole cost and expense, maintain in reasonably good condition, order, and repair, the structural portions of the Premises and Building, including the foundation, floors, roof, and supporting walls and the exterior of Premises, including appurtenant grounds, site drainage, sidewalks, signs and parking areas. Subject to the COUNTY’S Maintenance Obligations hereafter defined, CITY shall also maintain in reasonably good condition, order, and repair, all electrical systems and lighting fixtures, sewer, plumbing pipes and fixtures, including main water and sewer piping, interior and exterior doors and locks (except for the replacement of keys and locking mechanisms which CITY will complete at the request and cost of COUNTY), windows, window hardware, walls, ceilings, ceiling tiles, exterior glass, janitorial, interior pest control, waste collections or recycling services within the Premises, all additional interior maintenance required to include the replacement of either light bulbs or ballasts or LED fixtures, all plumbing and sewage backups, and ensure compliance with any and all life safety code requirements. CITY shall also keep exterior of the building free of all graffiti, trash, rubbish, pests and similar debris and maintain the same in a clean, neat, orderly and sanitary condition at all times. CITY shall not be liable for injury to persons or property caused by any defects in the power, electric, heating, air conditioning and water unless injury or damages to property result from CITY’S negligence or conduct intended to cause such injury or damages. Further, CITY shall not be responsible for 84 Page 2 of 16
maintenance or repair needed due to COUNTY’S negligence; maintenance or repair arising out of such negligence shall be borne by COUNTY at COUNTY’S sole cost and expense. Notwithstanding the provisions of this Paragraph, COUNTY shall immediately give CITY written notice of any defects or need for repairs in Premises known to COUNTY, or claims or instances of bodily injury resulting or allegedly resulting from said defects or need for repairs known to COUNTY, whether CITY is obligated to make such repair or not. Reasonable written notice to CITY, specifying the repairs to be made, constitutes an absolute condition precedent to CITY’S duty of repair. CITY or his agent shall have sufficient time to commence correction of any deficiencies after notice by COUNTY. However, CITY shall not be required to make any such repairs where same are caused or occasioned by the negligence or willful misconduct of COUNTY, its agents, employees or invitees. B. COUNTY Responsibilities COUNTY, at all times, shall maintain the interior of the Premises in a clean and orderly condition, free from all debris, throughout the Lease Term. COUNTY shall, at its sole cost and expense install and maintain all telephone, internet, television, access control, communications, and data and security systems, if any with the exception of the communications systems related to the Fire System which shall be installed and maintained by the CITY. COUNTY shall use and operate in a reasonable and safe manner all electrical, heating, ventilating, air- conditioning, and other fixtures, equipment and appliances appurtenant to or serving the Premises. All of the foregoing are herein referred to as the “COUNTY Maintenance Obligations.” COUNTY shall not commit or allow to be committed any waste on any portion of the Premises. COUNTY shall be liable to CITY for any damage or destruction to the Premises caused or occasioned by the negligence or willful misconduct of COUNTY, its agents, employees or invitees. 9. QUIET ENJOYMENT. If COUNTY shall pay the Rent reserved herein and other amounts to be paid by COUNTY to CITY, and keep, perform and reserve all the covenants, agreements and conditions herein stipulated to be kept, performed and observed by COUNTY, COUNTY shall at all times during the Lease Term have the peaceful and quiet enjoyment of said Premises, subject, however, to the terms of this Agreement. 10. ASSIGNMENT AND SUB-LETTING. COUNTY may not assign or sublet this Agreement or any interest thereunder. 11. PROPERTY OF COUNTY. COUNTY shall, (if not in default hereunder) prior to the expiration of the Agreement, or any extension thereof, remove all personal property which it has placed in the Premises, provided COUNTY repairs all damages to the Premises caused by such removal, unless COUNTY obtains the written consent of CITY to keep such property on the Premises after expiration or termination of the Agreement. 12. DAMAGE OR THEFT OF PERSONAL PROPERTY. COUNTY agrees that all personal property brought into the Premises shall be at the risk of COUNTY only, and CITY shall not be liable for theft thereof or any damage thereto occasioned by any acts of any tenants, other occupants of the Building or any other person. 13. INDEMNIFICATION. COUNTY covenants and agrees that it will indemnify and hold harmless CITY and all of CITY'S officers, employees, contractors and subcontractors from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by COUNTY, its officers, employees, agents, contractors, or subcontractors, including Worker’s Compensation coverage pursuant to Florida law, during the performance of this Agreement, and any extensions thereof, whether direct or indirect, and whether to any person or property to which CITY or said Parties may be subject, except that neither COUNTY nor any of its officers, agents, employees, contractors or subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused by or 85 Page 3 of 16
resulting from the sole negligence of CITY or any of its officers or employees. Nothing herein shall be construed as a waiver of COUNTY’S sovereign immunity pursuant to §768.28, Florida Statutes. This indemnification shall survive the termination of this Agreement. 14. COVENANT AGAINST LIENS. COUNTY shall have no power or authority to create any lien or permit any lien to attach to the present estate, reversion or other estate of CITY in the Premises herein demised or on the Building or other improvements thereon. COUNTY is hereby charged with the responsibility of notifying all materialmen, contractors, artisans, mechanics and laborers and other persons contracting with COUNTY with respect to the Premises or any part thereof, that such persons must look to COUNTY to secure payment of any bill for work done or material furnished to the COUNTY or for any other purpose during the term of this Agreement. 15. NO ESTATE IN CITY’S OWNERSHIP INTEREST. COUNTY has only a temporary leasehold interest in the Premises pursuant to the terms and conditions herein, which is not subject to levy and sale. Any security interest obtained in COUNTY’S leasehold shall not affect or encumber CITY’S fee simple interest in the Premises. 16. OBSERVANCE OF LAWS. COUNTY agrees, at its own expense, to promptly comply with all requirements of any legally constituted public authority necessitated by reason of COUNTY’S occupancy of said Premises, including complying with all laws, regulations and ordinances concerning its operations, and obtaining and maintaining any and all permits and licenses to provide services pursuant to this Agreement. 17. EMINENT DOMAIN. A. In the event the whole or any substantial part of the Building or the Premises shall be taken or condemned by any competent authority for any public or quasi-public use or purpose, this Agreement shall terminate as of the date of the taking of possession or by the condemning authority, and Rent shall be apportioned as of said date. B. In the event less than a substantial part of the Building or the Premises shall be taken or condemned for any public or quasi-public use or purpose, or if any adjacent property or street shall be condemned or improved in such manner as to require the use of any part of the Premises or of the Building, then at the election of CITY expressed by delivery of written notice to COUNTY within ninety (90) days after said date of taking, condemnation or improvements, this Agreement shall terminate as of said date without any payment from CITY to COUNTY therefore, other than COUNTY’S share of damages from said taking as referenced herein. C. CITY shall be entitled to receive the entire award from any taking or condemnation without any payment to COUNTY, as provided for in Florida Statutes; provided, however, COUNTY shall be entitled to receive any award or portion of any award specifically designated to COUNTY pursuant to Florida Statutes. 18. DAMAGE BY FIRE OR OTHER CASUALTY. A. Partial Destruction. If the Building or Premises shall be partially damaged by fire or other casualty, COUNTY shall provide written notice of the same to CITY as soon as practical thereafter (the “Casualty Notice”). If no such Casualty Notice is given, notice shall be deemed to be the date upon which CITY has actual knowledge of the fire or other casualty. Upon receipt of such notice, CITY shall determine, in its sole discretion, whether the repairs can be completed within one hundred eighty (180) days, and tender written notice of the same to COUNTY within thirty (30) days of the Casualty Notice. Where such repairs can be completed within one hundred eighty (180) days, CITY shall commence to repair the damage and shall thereafter diligently pursue repair of the damage to completion up to the amount of any insurance proceeds available. Where such repairs cannot be completed within one hundred eighty (180) days, the damage shall be treated as a Substantial or Total Destruction and the terms and conditions of subparagraph B of this 86 Page 4 of 16
Paragraph 19 shall apply. CITY shall not be liable for any inconvenience or annoyance to COUNTY resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next section. CITY shall allow COUNTY a fair and reasonable diminution of rent during the time and to the extent of, and proportionate to, the portion of the Premises rendered untenantable, as determined by CITY. B. Substantial or Total Destruction. If the Premises, Common Areas or Building shall be (i) totally destroyed or damaged by casualty, or (ii) the Building, whether the Premises is damaged or not, should be damaged to the extent of fifty (50%) percent or more of the then monetary value thereof, or (iii) if the Premises, Office Building or Common Areas shall be so damaged or destroyed to such an extent that COUNTY is unable to conduct its business at the Premises in the ordinary course, as determined by COUNTY, and if the estimated time to repair or replace such damage or destruction exceeds one hundred eighty (180) days from the date of the Casualty Notice, then either party may terminate this Agreement by written notice to the other within thirty (30) days after the date of the Casualty Notice, with such termination to be effective as of the date of the Casualty Notice. If neither party terminates this Agreement as set forth above, CITY shall promptly repair or replace any damage or destruction to the Premises and the Common Areas. The Base Rent shall abate until the Premises have been restored to their condition at the time of the occurrence of the damage: provided, however to the extent a portion of the Premises is restored and COUNTY occupies the same, the abatement of Base Rent shall cease and CITY shall allow COUNTY a fair and reasonable diminution of rent during the time, and to the extent of, and proportionate to, the portion of the Premises remaining untenantable. C. CITY’S Termination Option. Notwithstanding the foregoing provisions of Subparagraph B of this section, if such damages (i) are a result of a risk which is not covered by CITY’S insurance or exceeds the proceeds from such insurance or (ii) such damage shall occur during the last eighteen (18) months of the Term of this Agreement (or of any renewal Term), then in any of such events, CITY may, at its sole option and discretion, by written notice to COUNTY within thirty (30) days of the Casualty Notice, elect not to repair such damage and to cancel and terminate this Agreement effective as of a date of Casualty Notice. Upon the giving of such notice to COUNTY, the Term of this Agreement shall expire by lapse of time upon the third (3rd) day after such notice is given, and COUNTY shall vacate the Leased Premises and surrender the same to CITY as diligently as possible or within thirty (30) days of receipt of CITY’S notice of termination. 19. RIGHTS OF RECOVERY. CITY and COUNTY agree to have all fire and extended coverage and material damage insurance which may be carried with respect to the Premises or to the property located therein endorsed with a clause substantially as follows: “This insurance shall not be invalidated should the insured waive in writing prior to a loss any or all rights of recovery against any Party for loss occurring to the property described herein.” 20. ENTRY BY CITY. CITY may enter the Premises at reasonable hours to exhibit the same to prospective purchasers or tenants, and to inspect the Premises to see that the COUNTY is complying with all its obligations under the terms hereof. The CITY shall also be allowed to take any and all needed materials and equipment that may be required to make repairs, into and through the Premises without being liable to COUNTY in any manner whatsoever, unless damage is caused by CITY’S negligence, subject to section 768.28 Florida Statutes. Such repairs shall not unduly interfere with COUNTY’S business except as is naturally necessitated by the nature of the repairs being affected. During the time such work is being done in or about the Premises, the Rent provided herein shall in no way abate, and COUNTY waives any claim and cause of action against CITY for damages by reason of interruption to COUNTY’S business or loss of profits therefrom. CITY shall use its best efforts to notify COUNTY within 24 to 48 hours of CITY’S intent to enter Premises. In the event of emergency, the County may not provide prior notification. 21. SIGNS. COUNTY shall not erect, install, maintain, or display any signs, lettering, canopies, awnings, or advertising on the exterior of the Premises, exterior of the Building, or the lands of 87 Page 5 of 16
which the Premises and the Building constitute a part, without the prior written consent of CITY, except that COUNTY may install up to 7 “Reserved Parking” signs for the County Reserved Parking Spaces in the location shown on Exhibit “A” “Parking Plan”. In the event such consent of CITY is obtained, COUNTY, at its sole cost and expense, shall maintain the same in good condition and repair at all times during the Lease Term. Upon the termination of this Agreement, COUNTY agrees to remove all signs, lettering, canopies, awnings, advertising, and other personal insignia and to repair any and all damage caused to the Premises, the Building, or the lands of which the Premises and the Building constitute a part, by reason of such removal. 22. NOTICES. All notices and other communications hereunder shall be in writing and shall be deemed duly given (a) on the date of delivery if delivered personally, or (b) on the date of delivery by recognized national delivery service, or (c) on the fifth Business Day following the date of mailing, if mailed by registered or certified mail, return receipt requested, or (d) on the date sent by electronic mail if sent during normal business hours of the recipient during a Business Day, and otherwise on the next Business Day, if sent after normal business hours of the recipient, follow by a copy of such notice within one Business Day delivered pursuant to one of the other methods described herein.
All notices given to COUNTY hereunder shall be forwarded to COUNTY at the following address:
Pinellas County Real Estate Management Real Property Division 509 East Avenue S., 2nd Floor Clearwater, FL 33756
If via electronic mail: [email protected]
All notices given to CITY hereunder shall be forwarded to CITY at the following address:
City of Dunedin City Hall, 542 Main St Dunedin, Florida 34698 Attn: City Manager
If via electronic mail: [email protected]
23. DEFAULT. Either Party shall be in default under this Agreement if such Party has not commenced and pursued with reasonable diligence the cure of any failure to meet its obligations under this Agreement within thirty (30) days of the receipt of written notice from the injured Party. This grace period shall be extended if the default is of a nature that it cannot be completely cured within the thirty (30) day period solely as a result of non-financial circumstances outside of the Defaulted Party’s control, provided that such Party has promptly commenced all appropriate actions to cure the default within the thirty (30) day period and such actions are thereafter diligently and continuously pursued in good faith. Upon the occurrence of an event of Default, which Default is not cured after notice as outlined herein, to the extent provided for or required herein, either Party reserves the right to Terminate this Agreement by providing 90 days’ written notice. 24. SURRENDER OF PREMISES. Upon termination of this Agreement, whether by lapse of time or otherwise, COUNTY shall surrender and vacate the Premises immediately and deliver possession thereof to CITY in a clean, good and tenantable condition, ordinary wear excepted. Upon any termination 88 Page 6 of 16
which occurs other than by reason of COUNTY’S default, COUNTY shall remove from the Premises all furnishings, equipment, and records, provided that COUNTY shall repair all damage resulting from such removal and shall restore the Premises to a tenantable condition, unless otherwise agreed by CITY. All other additions, decorations, fixtures, hardware, and all permanent improvements remaining, in or about the Premises upon termination remain CITY’S property and shall remain upon the Premises without compensation, allowance, or credit to COUNTY, whether placed there by COUNTY or by CITY, unless CITY directs their removal. Any and all property which may be removed from the Premises by CITY pursuant to the above or pursuant to law shall be conclusively presumed to have been abandoned by COUNTY and title thereto shall pass to CITY without any cost by setoff, credit or otherwise, and CITY may, at its option: (i) accept title to such property in which event COUNTY shall be conclusively presumed to have conveyed such property to CITY under this Agreement as a bill of sale; or (ii) at COUNTY’S expense, dispose of such property in any manner that CITY shall choose. In no event, however, shall CITY be responsible for the value, preservation or safekeeping of such property. 25. COUNTY’S INSURANCE. In accordance with 768.28, Florida Statutes, the COUNTY is self-insured. This self-insurance includes Workers Compensation, Public Entity Liability Insurance coverage above a self-insured retention that may vary during the term of the Agreement; a Casualty Package insurance policy applies for General Liability, Auto Liability, Public Officials Liability, and Employment Related Practices Liability. 26. COMMON AREAS. COUNTY is hereby granted the nonexclusive right in common with other tenants of the Facility, as it shall exist from time to time, to use such common areas appurtenant to the Facility as may be designated by CITY. All of such common areas shall be subject to CITY’S sole and exclusive control and shall be operated and maintained in such a manner as CITY in his discretion may determine. CITY hereby expressly reserves the right to alter, from time to time, the dimensions and locations of the common areas, to construct additions to any building, and to grant tenants of any building owned by CITY on land adjacent or in proximity to the land for which the Premises constitutes a part, the right to use all or any portion of such areas in common with all tenants of the Facility, all without the consent of COUNTY. 27. PARKING. COUNTY shall have the exclusive right to utilize the parking spaces and the “County Vehicle Staging Area” as shown on Exhibit “A” “Parking Plan”. COUNTY shall also have the right to erect signage for those parking spaces designated on the Parking Plan as “County Reserved Parking Spaces.” CITY shall not be liable for any injuries, damage, theft, or loss to persons or property that may occur upon or near such parking areas. 28. WAIVER. One or more waivers of any covenant or condition by either Party shall not be construed as a waiver of a subsequent breach of the same covenant or condition by the other Party, and the consent or approval by either Party to or of any act by the other Party requiring consent or approval shall not be construed as a consent or approval to or of any subsequent similar act by the other Party. 29. CAPTIONS. The headings or captions of Sections are for convenience only, are not part of this Agreement, and shall not affect the interpretation of this Agreement. 30. TIME. Time is of the essence as to this Contract. Any reference herein to time periods shall refer to calendar days, and any time period provided for herein which shall end on a Saturday, Sunday or County or legal holiday shall extend to 5:00 p.m. of the next full business day. 31. EXHIBITS. All exhibits attached to this Agreement, signed by CITY and COUNTY, are made a part hereof and are incorporated herein by reference. 89 Page 7 of 16
32. SMOKING. This building is smoke free. Any smoking must be done outside of the building. If COUNTY, its agents, employees or servants wish to smoke outside of a building, they will be required to do so away from all building entrances. 33. AMERICANS WITH DISABILITIES ACT (“ADA”). CITY warrants that the Premises are in and shall be maintained in compliance with the Federal Americans with Disabilities Act and any similar Act adopted by the State of Florida at CITY’S expense, at the commencement of this Agreement. 34. ASBESTOS. CITY warrants that to the best of its knowledge, there is no friable asbestos in the Building or the Premises at the commencement of this Agreement and that if any friable asbestos is discovered in the Building or the Premise during this Lease Term, the CITY shall, at its sole cost and expense, remove or encapsulate said asbestos within a reasonable period of time. 35. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 36. HAZARDOUS SUBSTANCES. COUNTY shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in Premises. COUNTY shall not do, nor allow anyone else to do, anything affecting Premises that is in violation of any Environmental Law. The preceding sentences shall not apply to the presence, use, or storage on Premises of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal maintenance use. CITY shall promptly give COUNTY written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving Premises, and any Hazardous Substance or Environmental Law of which CITY has actual knowledge thereof. If CITY learns or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting Premises is necessary, CITY shall promptly take all necessary remedial actions in accordance with Environmental Law. CITY shall indemnify and hold COUNTY fully harmless for any liabilities and remedial actions of Hazardous Substances for which CITY is responsible under this Section, except if such liabilities and remedial actions were caused by COUNTY or its officers, employees or guests. CITY’S indemnification obligations under this Section shall survive the expiration or soon termination of the Lease Term. As used in this Paragraph, “Hazardous Substances” are those substances defined as toxic or hazardous substances by Environmental Law, as well as the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde and radioactive materials. As used in this Paragraph, “Environmental Law” means Federal laws and laws of the jurisdiction where Premises is located that relate to health, safety, or environmental protection. 37. AIR QUALITY. The CITY shall maintain the Building and Building air handling systems to provide a healthy indoor air environment. The CITY shall maintain the Building and air handling systems sufficiently to prevent the amplification of biological agents (mold, mildew, fungi, and bacteria) and dust above proximate outdoor levels. The COUNTY shall be informed prior to any maintenance activities utilizing chemicals including pesticide applications that may impact indoor air quality (and reserve the right to require these activities to occur when Building is unoccupied). Prior to and during occupancy, the COUNTY reserves the right to conduct indoor air quality testing. Testing may include volatile organics, biological agents, humidity, temperature or other compounds. 38. PUBLIC ENTITY CRIME ACT. COUNTY is directed to the Florida Public Entity Crime Act, Section 287.133, Florida Statutes, as amended from time to time, and CITY’S requirement that COUNTY comply with it in all respects prior to and during this Lease Term. 90 Page 8 of 16
39. PETS. Pets shall not be allowed in or on the Property without prior written consent of CITY with the exception of service animals. 40. RELATIONSHIP OF PARTIES. Nothing contained herein shall be deemed or construed by the Parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or joint venture between the Parties hereto. It is further understood and agreed that neither the method of computation of Rent, nor any other provision contained herein shall be deemed to create any relationship between the Parties hereto other than the relationship of CITY and COUNTY. Whenever herein the singular is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. 41. ENTIRE AGREEMENT. This Agreement and all exhibits, incorporates all covenants, promises, agreements, conditions and understandings between the Parties. No covenant, promise, agreement, condition or understanding, either written or oral, not specifically set forth herein, shall be effective to alter the performance or the rights of the Parties as stated herein. No modification, waiver or amendment of the provisions of this Agreement shall be binding upon CITY or COUNTY unless in writing and signed by CITY and COUNTY or by their duly authorized agents. {Signatures on following page}
91 Page 9 of 16
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the latest day and year written herein below.
WITNESSES: COUNTY: PINELLAS COUNTY, FLORIDA, Signature: By and through its Board of County Commissioners
Print Name: By: Karen Williams Seel, Chair Signature: Dated:
Print Name:
WITNESSES: CITY: CITY OF DUNEDIN Signature: a municipal corporation
Print Name: By: Jennifer K. Bramley, City Manager
Signature: By: Julie Ward Bujalski, Mayor Print Name: Dated:
92 Page 10 of 16
EXHIBIT “A” Parking Plan 1 of 2
PCSO Reserved Parking Spaces
93 Page 11 of 16
EXHIBIT “A” continued Parking Plan 2 of 2
PCSO Parking Spaces
PCSO Vehicle Staging Area
94 Page 12 of 16
EXHIBIT “B” Site Plan 1 of 2
Common Areas
Garage
95 Page 13 of 16
EXHIBIT “B” Site Plan 2 of 2
Facility
GARAGE
96 Page 14 of 16
EXHIBIT “C” Rent Schedule 5,908 Rentable Square Footage (RSF) 3.00% Rental Rate Increase
Annual Base Rent Monthly Base Lease Term Rate / RSF Due Rent Due Year 1 $8.00 $47,264.00 $3,938.67 Year 2 $8.24 $48,681.92 $4,056.83 Year 3 $8.49 $50,158.92 $4,179.91 Year 4 $8.74 $51,635.92 $4,302.99 Year 5 $9.00 $53,172.00 $4,431.00
Option Tern 1 Year 6 $9.27 $54,767.16 $4,563.93 Year 7 $9.55 $56,421.40 $4,701.78 Year 8 $9.84 $58,134.72 $4,844.56 Year 9 $10.14 $59,907.12 $4,992.26 Year 10 $10.44 $61,679.52 $5,139.96
Option Term 2 Year 11 $10.75 $63,511.00 $5,292.58 Year 12 $11.07 $65,401.56 $5,450.13 Year 13 $11.40 $67,351.20 $5,612.60 Year 14 $11.74 $69,359.92 $5,779.99 Year 15 $12.09 $71,427.72 $5,952.31
Option Term 3 Year 16 $12.45 $73,554.60 $6,129.55 Year 17 $12.82 $75,740.56 $6,311.71 Year 18 $13.20 $77,985.60 $6,498.80 Year 19 $13.60 $80,348.80 $6,695.73 Year 20 $14.01 $82,771.08 $6,897.59
97 Page 15 of 16
EXHIBIT “D” Hurricane Plan
98 Page 16 of 16
Agenda Item: 2.d
Meeting Date: July 23, 2019
MEMORANDUM
To: City Commission
Date: 2019-07-15
From: Jorge Quintas, Public Works & Utilities Director/Engineer
Subject: Wastewater Lift Station #3 Force Main Replacement Project
Presenter(s): Russell Ferlita, Ph.D., P.E., Section Engineer | PW & Utilities; Paul Stanek, Assistant Director, Public Works & Utilities Department
Recommend: Staff recommends to Award the Wastewater Lift Station #3 Force Main Replacement Project to G.A. Nichols Company, a Florida Corporation, in the amount of $281,815.60
Epic Goal(s): Goal #4 - Be the statewide model for environmental sustainability stewardship
Boards & Committees: N/A
Budget Impact: Funds for this project are budgeted in the Water & Sewer Utility Fund, (Acct. #441-5266-535-6301) in fiscal year 2019, under Project #521707. A budget amendment appropriating $80,000 from Water & Sewer Fund Reserves will be required in order to fully fund this work.
Past Action: 1) Wastewater Lift Station #3 Force Main Replacement Design Services were awarded to King Engineering of Tampa, FL in the amount of $32,103 by delegated authority on January 25, 2019.
Next Action: N/A
Attachments: A. Memo of Recommendation (CA).pdf, B. Memo of Recommendation (RF).pdf, C. Ardurra letter Bid Recommendation.pdf, D. Bid 19-1130 Tabulation.pdf, E. Budget Amendment Form.PDF, 99 Background: The Wastewater Lift Station #3 Force Main Replacement Project is located at Josiah Cephas Weaver Park (1258 Bayshore Blvd.). The project scope consists of the replacement of the gravity sewer piping from the terminal manhole to the lift station and installation of a new 12” force main to replace the existing 10” force main. This includes excavation, shoring, trenching, temporary bypass pumping, pipe installation, horizontal directional drilling, backfill, restoration, concrete and masonry work and painting as required to complete the project and maintain flow of sanitary sewer.
The current lift station piping from the terminal manhole is comprised of two pipes, is undersized and constructed of vitrified clay pipe. To increase capacity and to upgrade the piping material; a single, larger diameter PVC pipe will be installed between the terminal manhole and the lift station. The replacement of this segment of gravity sewer will significantly increase the capacity of the pipe as well as reduce potential infiltration of groundwater into this piping section.
The current force main from lift station #3 is original and constructed of 10” cast iron, which is subject to failure. Failure of the force main (either by a pipe break or leak) would result in an unauthorized raw sewage discharge and present a public health hazard. The original, cast iron force main will be abandoned in place and a new, 12” PVC / HDPE force main will be installed and placed into service. This replacement will significantly increase the reliability of the force main and reduce the potential of unauthorized discharges of raw sewage into the environment.
The City received five (5) submittals of bid packages, consisting of up to three bid alternates each. The bids received ranged from $281,815.60 to $530,948. G.A. Nichols Company’s submittal was determined to be the lowest, responsive and responsible bid.
Funds for this work are budgeted in the Water & Sewer Utility Fund (Acct. #441-5266-535-6301, under Project #521707). A budget amendment appropriating $80,000 from Water & Sewer Fund Reserves will be required to fully fund this work.
A “Notice to Proceed” is planned for the month of September 2019. Construction is expected to be Substantially Complete by February 2020.
Staff hereby recommends award of this design contract to G.A. Nichols Company, in the amount of $281,815.60.
100 101 ENGINEERING DIVISION P.O.BOX 1348 DUNEDIN, FLORIDA 34697-1348 (727) 298-3174
MEMORANDUM
TO: Chuck Ankney, Purchasing Agent
FROM: Russell Ferlita, Ph.D., P.E. Section Engineer | PW – Engineering Division
DATE: July 3, 2019
SUBJECT: Wastewater Lift Station #3 Force Main Replacement Project
The Wastewater Lift Station #3 Force Main Replacement Project is located at Josiah Cephas Weaver Park (1258 Bayshore Blvd.). The force main and gravity sewer pipe from the terminal manhole are original and subject to failure and leaking. In addition, the gravity sewer pipe from the terminal manhole is undersized. The project scope consists of the replacement of the gravity sewer piping from the terminal manhole to the lift station with a larger diameter pipe and installation of a new 12” force main to replace the existing 10” force main. This includes excavation, shoring, trenching, temporary bypass pumping, pipe installation, horizontal directional drilling, backfill, restoration, concrete and masonry work and painting as required to complete the project and maintain flow of sanitary sewer. The City received five (5) submittals of bid packages for a total of thirteen (13) bids for this project. The bids received ranged from $281,815.60 to $530,948. G.A. Nichols Company’s submittal was determined to be the lowest, responsive and responsible bid. This company has successfully completed projects of similar scope and nature for other utilities, and their quality of work and timeliness is anticipated for this project. The contract amount for construction of the project is $281,815.60. The budgeted amount for the design phase of this project was $237,000 for fiscal year 2019 under project number 521707. A budget amendment of $80,000 from fund balance to account #441-5266-535.6301 will be required to complete this design project. If approved by commission, the Notice to Proceed is planned to be issued in September 2019, and substantial completion is expected to be February 2020.
102 103 DU N~D I N Home of Honeymoon Island
CITY OF DUNEDIN Bid # 19-1130 Tabulation City of Dunedin Lift Station #3 Sanitary Sewer Force Main Replacement Project
A bid opening was held on Tuesday, June 25, 2019 at 2:00 P.M in the Engineering Conference Room located at 737 Louden, Dunedin, FL.
Attending were: Bill Gavitt; Rowland, Anthony Cerullo; C&T Contracting, Jim Barnes; Kamminga & Roodvoets, and Dana Marcano; GA Nichols
City of Dunedin: Russel Ferlita, Tim Calvit, Paul Stanek, Jorge Qu intas, Chuck Ankney, and Jacy Bussey
This bid was properly advertised in the Gulf Coast Business Review and demandstar.com on Friday, May 24, 2019. Forty (40) companies obtained plans and specifications. There was one (1) addendum issued to this bid.
The following companies submitted a bid: COMPANY NAME TOTAL BID AMOUNT GA Nichols Company Attn. Greg Nichols A) $333.000.00 1 5775 126 h Ave. N. B) $265, 780.00 Clearwater, FL 33760 C) $283,800.00 Phone: 727-561-0509 AL TO Construction Company, Inc. Attn. Nick Wright A) $427,916.62 4102 Causeway Blvd. B) $312,972.37 Tampa, FL 33619 C) $336,819.26 Phone: 813-494-5935 Kamminga & Roodvoets, Inc. Attn. Marcus B. Tidey, Jr. A) $456,907.00 5219 Cone Rd . B) $368,852.00 Tampa, FL 33610 C) $373,483.00 Phone: 813-623-3031 Rowland, Inc. Attn. Kevin D. Rowland A) $530,948.00 6855 102nd Ave. N. B) $403,194.00 Pinellas Park, FL 33782 C) $411,074.40 Phone: 727-545-3815
104 City of Dunedin, PO Box 1348, Dunedin, Florida 34697 - 727-298-3000 - dunedingov.com "Equal Opportunity Employer" D U N~D I N Home of Honeymoon Island C&T Contracting Services, LLC Attn. Chris Telson "-) ------1249 Woodlawn Terrace 8) $439, 131.00 Clearwater, FL 33755 (;) ------Phone: 813-616-3210
The cost estimate for the project was $290,000. The bid opening concluded at 2:30 p.m.
105
City of Dunedin, PO Box 1348, Dunedin, Florida 34697 - 727-298-3000 - dunedingov.com "Equal Opportunity Employer" Form Version 08-26-2014
CITY OF DUNEDIN, FL BUDGET ADJUSTMENT
FISCAL YEAR : 2019 DEPARTMENT: ------Wastewater
~ lnease (Decrease) Amended•.Mnlld .Blldaet Amcut Amount Budael. « 1-5266-535.6301 521707 WW Lift Station Forcemain Replacements 1,673,812 80,000 1,753,812
Justification: The budgeted amount for this project was $237,000 for fiscal year 2019. The City awarded design of the project to King Engineering in the amont of $32,103. The lowest responsive, responsl>le bid for the project was $281 ,815.60. A budget amendment of $80,000 from fund balance to account#-«1-5266-535.6301 will be required k> complete this project.
City Cuaa•shtffl Appronl: CitJ ...... Approul: - lncreaseJDecreas FLnf Balance -Transas Between DepartJ I elts, net zero - Transfers Between Fl.llds - Transfers Involving Persomel, net zero - lnlerflrld Loan - Trcmsfers Between Acau1ls (ine ilems) - Debt-relaEd wilhin a Depa l11e It .c: $25,000 - TIWISfers Between Capital Accoll1ts a- Projed:s >= $25,000 Depataent Head Approul: - Transters Between Accolllts (ine ilems) - Tnn.fers . Depai:b,eis, net zero, not perscmel wilhin a Oepi:iib1e,t > $25,000 - Transfers Between Projects willirl le Same Aaxult Nll'Tlber < $25,000
Routing:
City Manager Signature (if requi
Fnance Department ------RECEIPT
[])~ • DiPIH owed
fD J 1 BA or BT-= Group: Dale:
~ ·ll'lisliDa.-lllilSiall: Wdten request from Depa &relit D A.caud BalanceJnquiry (tar eacbaca,unt) •
JUL U8 2019 106 Agenda Item: 2.e
Meeting Date: July 23, 2019
MEMORANDUM
To: City Commission
Date: 2019-07-15
From: Jorge Quintas, Public Works & Utilities Director/Engineer
Subject: Award of Bid 19-2347 – Marina Sailboat Ramp Launch Improvements Project
Presenter(s): Bruce Wirth, P.E. Senior Engineer | Public Works, Engineering
Recommend: Staff recommends to approve the award of a construction contract to Midcoast Marine Group, LLC of Largo, FL, in the amount of $88,135, for the Marina Sailboat Ramp Launch Improvements Project (Bid #19-2347).
Epic Goal(s): Goal #3 – Promote Dunedin as the Premier Coastal Community, protecting and improving our natural resources for the enjoyment of all
Boards & Committees: Marina Advisory Committee
Budget Impact: Funds in the amount of $35,000 for this project were budgeted in FY 19 in the General Fund (Acct. #001-4647-572-054610-CR), under Project #461905. A budget amendment appropriating $55,000 from the One Cent Sales Tax Fund (Acct. #134-4647-572-6301) will be required in order to fully fund this work.
Past Action: None
Next Action: None
Attachments: A. Memo of Recommendation (CA).pdf, B. Memo of Recommendation (BW).pdf, C. Bid 2347 Tabulation.pdf, D. Budget Amendment Form.pdf, 107 Background: The Sailboat Ramp Launch Improvements Project is located at the City Marina, at 51 Main Street, Dunedin. The ramp will be located in the southwest corner of the marina property and will allow access directly to the Sound / Gulf. The project involves contracting with a company qualified to furnish all materials, labor and equipment necessary to construct a new non-vehicular boat ramp at the City marina, which replaces the previous concrete ramp which was removed by City staff in January 2019, as it had fallen into disrepair and was unsafe. The new ramp will be used to launch small sailboats by the various sailing clubs, and city sailing camps and programs, but will not extend into the water as these boats are wheeled by dollies to transport them onto the beach for launching.
Funds for this work in the amount of $35,000 were budgeted in the FY 19 General Fund (#001-4647-572-054610-CR), under Project #461905. A budget amendment appropriating $55,000 from the One Cent Sales Tax Fund (Acct. #134-4647-572-6301) will be required in order to fully fund this work.
The project was competitively bid and two (2) submittals were received, ranging from a cost of $88,135 to $90,731. Midcoast Marine Group, LLC of Largo, FL provided the most responsive and responsible low bid for this project. Notice to Proceed is planned for the month of October of 2019, with construction to start that same month. Construction is anticipated to be “Substantially Complete” by January of 2020.
Staff hereby recommends approval of the award of this work to Midcoast Marine Group, LLC, in the amount of $88,135, as noted herein.
108 109 ENGINEERING DIVISION P.O.BOX 1348 DUNEDIN, FLORIDA 34697-1348 (727) 298-3174
MEMORANDUM
TO: Chuck Ankney, Purchasing Agent
FROM: Bruce Wirth, P.E. Senior Engineer | PW – Engineering Division
DATE: July 9, 2019
SUBJECT: Marina Boat Ramp Improvements Project
The City Marina Boat Ramp Improvements Project is located at the City Marina located at 51 Main Street, Dunedin. The ramp will be located in the southwest corner of the marina property and will allow access directly to the Gulf. The project scope consists of the construction of a limited access boat ramp in the same general location of a previous boat ramp removed in January 2019. The project will include construction of ramp, modifications to the existing seawall cap and parking area. The project was budgeted in the Park and Recreation Department’s CIP FY 19 budget. The City received two (2) submittals in response to the bid package for this project. The bids received ranged from $88,135 to $90,731. Midcoast Marine Group, LLC of Largo, FL provided the most responsive and responsible low bid for this project. The contract amount for construction of the project is $88,135.00. The budgeted amount for the construction was $35,000 from Parks FY 19 General Fund budget. Parks completed a budget transfer of $55,000 from FY 19 One Cent Sales Tax Fund, transfer form attached. The account information is, $35,000 budgeted in the FY 19 General Fund (Acct. #001-4647-572-4610, Project #461905) and $55,000 will be transferred from the FY 19 One Cent Sales Tax Fund (Acct. #134-4647-572-6301, Project #461905). If approved by commission, the Notice to Proceed is planned to be issued in September 2019, and substantial completion is expected to be February 2020.
110 111 Fonn Version 08-26-2014
CITY OF DUNEDIN, FL BUDGET ADJUSTMENT
FISCAL YEAR : ------2019 DEPARTMENT: Parks & Recreation
Account Number Project Number Project Name Annual Increase (Decrease) Amended Annual (Reauired) (If applicable) (If applicable) Budget Amount Amount Budoet 134-4647-572-6301 461905 Marina Sailboat Launch Improvements 283,259 55,000 - 338,259 - -
Justification: Additional funds are needed as the project came in over the projected cost estimate.
Required Authorization / Approval:
0 City Commission Approval: City Manager Approval: - Increase/Decrease Fund Balance • - Transfers Between Departments, net zero - Transfers Between Funds - Transfers Involving Personnel, net zero - lnterfund Loan - Transfers Between Accounts (line items) - Debt-related within a Department< $25,000 - Transfers Between Capital Accounts or Projects >= $25,000 De·partment Head Approval: - Transfers Between Accounts (line items) • - Transfers within Departments, net zero, not personnel within a Department> $25,000 - Transfers Between Projects within the Same Account Number< $25,000
Routing: Date: Department Head Signature: 1\3} t9 City Manager Signature (if required): =~====~==~==L==UA='-====:::::::~ 7--JS/c4 Finance Department: ------RECEIPT
City Commission Action:
D Approved Date: D Disapproved Agenda Item No.: Resolution No.:
Finance Department Action: BA or BT#: Group: Initials: Date:
Budget Adjustment Entered Back-up Documentation: Written request from Department • Account Balance Inquiry (for each account) • ' RECEIVED 112 JUL O8 2019
-·,. ~ '-~ Prepared On 7/3/2019 Agenda Item: 3.a
Meeting Date: July 23, 2019
MEMORANDUM
To: City Commission
Date: 2019-07-17
From: Les Tyler, Director of Finance
Subject: Resolution 19-39 Investment Policy Amendment
Presenter(s): Les Tyler, Director of Finance, David Jang, Water Walker Investments
Recommend: Staff recommends to adopt Resolution 19-39.
Epic Goal(s): Enhance community and employee relationship strategies that strengthen inclusiveness, respect, transparency and collaborative engagement
Boards & Committees: Board of Finance
Budget Impact: none
Past Action: none
Next Action: None
Attachments: A. Resolution 19-39 , B. Exhibit A- Investment Policy , C. Investment Policy Proposed Final red line vesion 7.14.pdf, D. Exhibit C- Eligible and Suitable Investments ,
Background: This memorandum is to provide the Commission a revised Investment Policy (Policy). The Government Finance Officers Association recommends that state and local governments adopt comprehensive written Investment Policies and the that Policy should be reviewed periodically and updated if necessary.
The most recent Investment Policy was approved by the Commission on 113 January 8, 2019. This revised Investment Policy is a replacement of the current policy with the goal of providing credibility, transparency, and to ensure that there is a common understanding among the Commission and staff regarding the City’s approach to Investments for the City. The revised policy does include a red-line version is attached (see exhibit B), as well as the revised policy in final form (see Exhibit A). Finance staff has presented the Draft Investment Policy to the Board of Finance in February and March 2019 for their review and comment. The Board of Finance had some questions and comments on the draft investment policy, all of which have been included in this revised investment policy.
114 RESOLUTION NO 19-39
A RESOLUTION AMENDING A PORTION OF THE INVESTMENT POLICY OF THE CITY OF DUNEDIN REGARDING, ELIGIBLE AND SUITABLE INVESTMENTS AND DIVERSIFICATOIN OF INVESTMENTS; AMENDING A PORTION OF SECTION 8 AND SECTION 14 OF THE INVESTMENT POLICY AND PROVIDING FOR AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Commission desires to amend the investment policy dated January 8, 2019 for the investment of City funds; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DUNEDIN, FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBLED:
SECTION 1. The City Commission desires to amend the Eligible and Suitable Investments and Diversification sections of the investment policy:
SECTION 2. It is hereby ascertained, determined and declared that:
A. The City of Dunedin hereby adopts the “City of Dunedin Investment Policy”, attached hereto as Exhibit A, and hereby incorporates the revision below:
Section 8 – Eligible and Suitable Investments: The types of securities the City may invest in per State Statute, local law and City Commission’s adoption of this Investment Policy have changes in some of the investment types descriptions; which include: b) US Government Agencies and Government Sponsored Enterprises “GSE”; c) Local Government Investment Pools; g) Money Market Savings Accounts; h) Commercial Paper and Corporate Instruments.
Section 14 – Diversification: The City’s diversity of investments by security type, individual security and financial institution shall not exceed certain limits of eligible securities. These limits are now included in the Table (Section 8) of this investment policy. There are changes to some of the investment type’s maximums percentages, which include:
• US Government Agencies and Federal Instruments • Added investment type- Money Market Savings Account. • Local Government Investment Pools • Money Market Mutual Funds • Commercial Paper
SECTION 3: That this resolution shall take effect immediately upon passage and adoption. 115
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF DUNEDIN, FLORIDA, THIS __ DAY OF ______, 2019.
CITY OF DUNEDIN FLORIDA
______Julie Bujalski Mayor
APPROVED AS TO FORM: ATTEST:
______Thomas J. Trask Denise M. Kirkpatrick City Attorney City Clerk
116 Exhibit A
CITY OF DUNEDIN, FLORIDA
INVESTMENT POLICY
ADOPTED: NOVEMBER 7, 2002
AMENDED February 18, 2010
AMENDED January 8, 2019
AMENDED July 23, 2019
117 1
Investment Policy Table of Contents
1.0 Policy: 4
2.0 Scope: 4
3.0 Prudence: 4
4.0 Investment Objectives: 5
4.1 Safety: 5
4.2 Liquidity: 5
4.3 Transparency: 5
4.4 Return On Investments: 5
5.0 Delegation Of Authority: 6
5.1 Investment Procedures: 6
6.0 Ethics And Conflicts Of Interest: 6
6.1 Interest In Other Business Organizations: 7
6.2 Gifts, Favors, Entertainment And Payments To Employees: 7
7.0 Authorized Financial Broker/Dealers And Financial Institutions: 8
8.0 Eligible And Suitable Investments: 9
9.0 Master Repurchase Agreement: 11
10.0 Local Government Investment Pools And Money Market Funds Due Diligence: 11
11.0 Collateralization: 12
12.0 Bid Requirements: 12
13.0 Safekeeping And Custody: 12 118 2
14.0 Diversification: 13
15.0 Maximum Maturities: 13
16.0 Internal Controls: 14
17.0 Performance Standards: 14
17.0 Market Yield (Benchmarks): 15
18.0 Reporting Requirements: 15
19.0 Investment Policy Adoption: 15
20.0 Glossary (Appendix A): 16
21.0 Continuing Education: 16
22.0 Policy Exception: 16
Appendix A 17
Appendix B 28
Appendix C 29
119 3
1.0 Policy:
It is the policy of the City of Dunedin (“City”) to invest public funds in a manner which will meet the investment objectives set forth in Section 4.0, and comply with all controlling state statues, ordinances, and covenants governing the investment of public funds.
2.0 Scope:
Considering the exception below, this investment policy applies to all financial cash and investment assets of the City. These funds are accounted for in the City’s Comprehensive Annual Financial Report and include:
a) General Fund b) Special Revenue Funds c) Debt Service and Debt Service Reserve Funds (unless governed under bond documents) d) Capital Project Funds (unless governed by bond documents) e) Permanent Funds f) Enterprise Funds g) Internal Service Funds h) Private Purpose, or Special Grant Trust Funds i) Agency Funds j) Any new fund created by the City Commission, unless specifically exempted.
Exception: The Investment Policy shall not apply to pension funds or funds related to the issuance of debt where there are other existing policies, bond resolutions, loan agreements, or indentures in effect for such funds. Notwithstanding anything herein to the contrary, debt proceeds will not be subject to section 14.0- Diversification limits set forth in this policy.
3.0 Prudence:
Prudent Person Rule: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment.
The standard of prudence to be used by investment officials shall be the “prudent person rule” and shall be applied in the context of managing an overall portfolio. The Director of the Finance Department, hereinafter referred to as Director, and other authorized staff approved by the Director, acting in accordance with written procedures and the Investment Policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from reasonable expectations are reported in a timely fashion by the Director to the City Manager and appropriate action is taken to control adverse developments. 120 4
The City Manager has the discretion to report any material events to the City Commission.
4.0 Investment Objectives:
The primary objectives, in priority order, of the City’s investment activities shall be:
4.1 Safety:
Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City will diversify its investments by investing funds among a variety of securities offering independent returns with a number of preapproved financial institutions.
A. Credit Risk - The City will limit credit risk, the risk of loss due to the failure of the security issuer or backer, by diversifying the investment portfolio so that potential losses on individual securities will be minimized and by limiting investments to specified minimum credit ratings. B. Interest Rate Risk - The City will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates by limiting the maximum maturity of any individual security and the duration of the overall portfolio to five years.
4.2 Liquidity:
The City’s investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements, which may be reasonably anticipated, and also remain in compliance with any existing fiscal, financial covenant, or fund balance policies.
4.3 Transparency:
The City shall operate its portfolio in a transparent manner, making its periodic reports both available for public inspection and designed in a manner which communicates clearly and fully information about the portfolio, including market values, initial book values, investment type, maturity dates, yields, percentage of total portfolio by security and security type, and CUSIPs (Committee on Uniform Security Identification Procedures) of various securities.
4.4 Return on Investments:
The City’s investment portfolio shall be designed with the objective of attaining a benchmark(s) or market comparable rate of return per Section 17.1 throughout budgetary and economic cycles, commensurate with the City’s investment risk constraints and the portfolio’s cash flow characteristics. Return on investment is of secondary importance compared to the safety, liquidity and transparency objectives described above.
121 5
5.0 Delegation of Authority:
Authority to manage the City’s investment program is granted to the Director.
Responsibility for the operation of the investment program is hereby delegated to the Director, who shall act in accordance with established written procedures and internal controls for the operation of the investment program consistent with this investment policy.
The Director shall be responsible for all transactions undertaken and shall establish, maintain, and update, as needed, a system of internal controls and procedures to regulate the activities of subordinate authorized staff, and administrative staff. Assistance will be provided, as needed, by a Financial Consultant, and also reviewed on an annual basis by the City’s outside auditing firm.
5.1 Investment Procedures:
The Director shall establish, and review and update as needed, written investment policy procedures that includes a system of internal controls for the operation of the investment program consistent with this policy.
These procedures shall be reviewed, as needed, by the City’s Financial Consultant, and with the City Manager, as needed. They will include, but not be limited to, the procedures and processes to identify and address cash flow requirements, security or investment selection, procurement, authorizations required for various actions, settlement and disposal. The procedures will also include reference to: safekeeping or custodian arrangements, repurchase agreements, wire transfer process and authorization documentation, banking service contracts and collateral/depository agreements.
As noted, to insure an appropriate level of review and checks and balances, such procedures shall include explicit delegation of authority to persons responsible for investment decisions, wire transfers, communications with investment or banking firms, and transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the more specific procedures established by the Director.
6.0 Ethics and Conflicts of Interest:
City Staff directly involved in the investment process shall refrain from activities that could conflict with either the proper execution and management of the investment program or impair their ability to make impartial investment decisions.
It is imperative that City Staff conduct themselves with a degree of honesty, transparency, and integrity which is beyond reproach or even suspicion. At all times, City Staff will act in strict accordance and consistent with the Florida ethics law as found in Chapter 112, Part 3 F.S. 122 6
While it is not possible to anticipate every situation and prescribe a precise rule for each, it is possible to set forth certain basic, general principles to be observed by City Staff authorized to be involved in the City’s investment process at all times. The essence of this policy is that authorized City Staff shall always deal with others doing, or seeking to do, business with the City in a manner that professionally represents the interest of the City and excludes all consideration of personal advantage. Accordingly, all authorized City Staff as determined by the Director involved in the Investment Process shall complete and keep current an ‘Investment Process Conflict of Interest Policy Disclosure Form’ to be filed with the Director (per Appendix B), with a copy provided also to the City Manager and City Clerk, and further, every authorized City Staff member involved with the investment process of the City is subject to the following policy:
6.1 Interest in Other Business Organizations:
City Staff involved in the City’s investment process, or any members of their immediate families, shall not have any material interest, direct or indirect, in any other business which in any degree conflicts with their primary responsibility to the City. In this regard, City Staff or members of their immediate families should not possess a significant financial ownership or management interest in any business that does, or seeks to do, business with the City. In addition, City Staff involved with the investment process should not conduct business on behalf of the City with members of their immediate family (persons residing in the same household as the City Staff member), or a business organization with which they or members of their immediate families have any association which could be construed as significant in terms of potential conflict of interest. This does not preclude an authorized City Staff member from maintaining standard checking, depository, or other non-investment related services with a banking, financial, or investment banking firm in the normal course of those activities.
6.2 Gifts, Favors, Entertainment and Payments to Employees:
City Staff involved in the investment process shall not seek or accept any gifts, payments, fees, services, valuable privileges, “insider trading” or other nonpublic, confidential investment or financial information, vacations or pleasure trips, loans (other than conventional loans or banking services from lending institutions) or other favors from any person or business organization that does, or seeks to do, business with the City. The term gift will include all matters or transactions as that term is defined in Chapter 112 F.S. No authorized employee or Officer shall accept anything of value in exchange for referral of parties to any person or business organization that does, or seeks to do, business with the City.
City Staff involved in the City’s investment decisions shall refrain from undertaking personal investment transactions with the same individual or firm with whom business is conducted on behalf of the City. Any preexisting relationships will be disclosed for any newly hired or authorized City Staff at the time of execution of the Disclosure Statement noted in Section 6.0., with a copy provided to the City Manager and City Clerk.
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7.0 Authorized Financial Broker/Dealers and Financial Institutions:
The Director, with assistance as needed by the City’s Financial Consultant, will maintain a list of financial institutions authorized to provide investment services. In addition, a list will also be maintained of approved security broker-dealer firms selected by minimum standards of credit worthiness, capital, and other qualifications that are authorized to provide investment services in the State of Florida. These may include “primary” dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net capital rule).
No public deposit shall be made except in a Qualified Public Depository (“QPD”) authorized to hold Florida public deposit accounts per Chapter 280, Florida Statutes, with these reviewed on an annual basis, with assistance from the City’s Financial Consultant, as needed. Per Chapter 280, it is the City’s responsibility to maintain a current and up-to-date file on each QPD firm and related QPD investment. It is also important to require that any QPD firm providing, or seeking to provide, investment securities to the City also provide a copy of its most recently available Annual Financial Statement, and, as available, copies of any recent rating agency’s reports confirming any short-term and long-term credit ratings.
Security broker-dealers and financial institutions shall be aware and as part of their normal industry standard responsibilities related to disclosure and suitability, provide to authorized City Staff, information prior to the time of security purchase that includes reasonably foreseeable risks of market price loss, illiquidity, non-marketability, or default of investment instruments before they are purchased by the City.
All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply, and agree to update as needed, the Director with the following:
a) Audited, fiscal year end, financial statements, b) Proof of Financial Industry Regulatory Authority (FINRA) or equivalent industry certification, c) Proof of State of Florida registration and licenses, d) Executed Certificate by an authorized Officer of their firm that they have read, understood and agree to comply with the City’s Investment Policy, including the ongoing responsibility to provide annual audited financial statements and any other material information regarding either their firm or any investment that they may have sold to the City.
An annual review of the financial condition and registrations of qualified bidders will be conducted by the Director, with assistance, as needed, by the City’s Financial Consultant.
A current audited financial statement is required to be on file for each financial institution and broker/dealer in which the City invests within a reasonable time following that institution’s fiscal year end.
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8.0 Eligible and Suitable Investments:
The City is empowered by State statute, local law, and the City Commission’s adoption of this Investment Policy to invest in the following types of securities:
a) The United States Treasury: Direct Obligations issued by the Treasury of the United States, that has the full faith and credit of the United States government fully guaranteeing all principal and interest payments including, but not limited to:
U.S. Treasury Bills, U.S. Treasury Notes, and U.S. Treasury Bonds.
b) US Government Agencies and Government Sponsored Enterprises (“GSE”): Direct obligations issued by an Agency of the United States, that has the full faith and credit of the United States government fully guaranteeing all principal and interest payments including, but not limited to:
1. Government National Mortgage Association (“GNMA”) 2. Federal Housing Authority (“FHA”), 3. Veterans Administration (“VA”), and 4. Small Business Administration (“SBA”).
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GSE’s or Instrumentalities do not carry the full faith and credit support of the United Stated Government and have to varying degrees indirect/explicit backing the United States. The GSE Securities must be rated at least AAA/Aaa/AAA long-term from two of the rating agencies, Fitch, Moody’s, or Standard & Poor’s, issued by:
1. Federal Home Loan Bank (FHLB) 2. Federal Farm Credit Bank (FFCB) 3. Federal National Mortgage Association (FNMA or “Fannie Mae”) 4. Federal Home Loan Mortgage Association (FHLMC or “Freddie Mac”) 5. Federal Agriculture Mortgage Corporation
Any other GSE shall be considered as Corporate debt and authorized per Section (h), with input from the Financial Consultant, as needed, and updated reports and credit structure material from the City’s Broker/Dealer assisting on this security transaction. c) Local Government Investment Pools: Shares in Local Government Investment Pools (LGIP’s) organized under Chapter 163, Part I, Florida Statutes and rated at least AAAm or equivalent from Fitch, Moody’s or Standard & Poor’s. d) The State Board of Administration (“SBA” or “Florida Prime”): Shares in the SBA , authorized under Chapter 218, Part IV, Florida Statutes. At the time of purchase, the SBA must carry either a AAAm or equivalent rating from Standard & Poor’s, Moody’s or Fitch. e) State & Local Governments: General or revenue debt obligations, including Build America Bonds or Notes, issued by the State of Florida or any political subdivisions thereof, any state of the United States, the District of Columbia, rated at least A/A from at least two of either Fitch, Moody’s, or Standard & Poor’s due to the presence of any credit enhancement, with the direct issuer or obligor also having a minimum underlying credit rating on its own of “A” from a least two of the rating agencies. Notwithstanding either the credit enhancement rating or underlying rating, this does not include any Community Development District (“CDD”), Housing Finance Authority, Health Care Authority, Educational Development Authority, or any other conduit issuer securities. f) Money Market Mutual Funds: Shares in Money Market Mutual Funds registered under the federal “Investment Company Act of 1940”, as amended, at the time of purchase, a money market fund shall have a rating of at least AAAm or equivalent by Standard & Poors, Fitch or Moody’s. g) Money Market Savings Accounts or Certificates of Deposit: Deposits organized under the laws of Florida and/or in national banks organized under the laws of the United States and doing business and situated in Florida as Qualified Public Deposits, provided that any such deposits are secured and collateralized by the Florida Security for Public Deposits Act, F.S. Chapter 280, and that the firm is not on a credit watch information service from a nationally-recognized rating agency firm. 126 10
h) Commercial Paper and Corporate Debt Instruments: U.S. dollar denominated debt instruments issued by corporations or banks organized and doing business in the U.S., having a minimum of (a) two short term ratings of at least A1, P-1, and F1, from Standard & Poors, Moody’s or Fitch, respectively, and (b) two long term ratings of A-/A3/A- , respectively from either Fitch, Moody’s or Standard & Poor’s.
i) Repurchase Agreements: These securities must be collateralized with a minimum of 102% with securities noted in either (a) or (b) of this Section, be rated at least A1, P1, or F1 from Standard & Poor’s, Moody’s or Fitch, be marked to market no less frequently than weekly, and must have a coupon rate that is fixed from the time of settlement until its maturity date, and must be marketable. Said collateral to be held by the trust department of the City’s safekeeping bank, main operating bank’s safekeeping or trust department, or the City’s custodian bank, and securities governed by Section 9.
The use of derivatives is prohibited.
9.0 Master Repurchase Agreement:
Institutions and dealers transacting repurchase agreements shall execute and perform as stated in the City’s standard Master Repurchase Agreement, as approved by the Director, and reviewed, as needed, by the City’s Financial Consultant.
10.0 Local Government Investment Pools and Money Market Funds Due Diligence:
A thorough investigation of the LGIP or Fund authorized in Section 8(c) and 8(f) is required prior to investing, and on a continual basis. There shall be a Government Finance Officer’s or other industry, or comparable community relevant questionnaire developed by the Director, with assistance as needed by the Financial Consultant, that is utilized to review the proposed LGIP or Money Market Fund.
The key components of this due diligence process will include information that addresses the following typical questions:
• A description of eligible investment securities, and a written statement of Investment Policy and objectives. • A description of interest calculations and how it is distributed, and how gains and losses are treated. • An overview of LGIP or Fund oversight, board composition, portfolio manager information and reputation, degree of transparency. • A description of how the securities are safeguarded (including the settlement processes), how often the securities are priced and frequency of LGIP or Fund auditing process. 127 11
• A description of who may invest or participate in the program, how often, what size deposits and withdrawals are allowed, reporting capabilities to assist with City audit requirements and potential IRS Arbitrage requirements (if tax exempt bond proceeds are included), and frequency of interest payments. • A schedule for receiving statements and portfolio listings, or ability to obtain same via online security protected access. • The average duration or maturity of the LGIP or Fund. • Full disclosure of the fee schedule, and when and how is it assessed or paid. • Is the LGIP or Fund eligible for bond proceeds?
11.0 Collateralization:
Collateralization will be required on three types of investments: non-negotiable, Interest-bearing time certificates of deposit, other qualified public deposits (QPD’s) per Section 8(g), and repurchase agreements per Section 8(i). Collateralization for these investment types is provided with each investment type.
The City chooses to limit collateral to Direct Obligations of United States per Section 8(a).
The right of collateral substitution is granted, so long as the process for same is clearly laid out. The process commonly referred to as “securities lending” is not permitted without the prior approval of the Director, and sufficient review and recommendation of the City’s Financial Consultant.
12.0 Bid Requirements:
Director and other City staff authorized by the Director, with assistance from the Financial Consultant, as needed, shall determine the approximate maturity dates for investment securities based on cash-flow needs and forecasts, current market conditions, and ongoing budgetary and liquidity requirements. Once analyzed and one or more optimal types of investments are identified and selected, the Director, or authorized City staff , with assistance from the City’s Financial Consultant, as needed, will then work directly, or through approved broker/dealers, banks or financial institutions, to purchase the selected security or investment by a competitively bid process, when feasible and appropriate. This process should assist with creating an open process, and acceptable levels of market yields and fees, while also encouraging mutually beneficial relationships with prequalified firms. Except as otherwise required by law, the bidding or selection process deemed to best meet the investment objectives as determined by the Director, supported as needed by the City’s Financial Consultant, should be selected.
13.0 Safekeeping and Custody:
All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery-versus-payment (“DVP”) basis. Securities will 128 12
be held by a third party custodian approved by the Director, and all transactional activity evidenced by safekeeping receipts.
All securities purchased by, and all collateral obtained by, the City should be properly designated as an asset of the City of Dunedin. Withdrawal of securities from safekeeping or custodial accounts, in whole or in part, shall not be made except by the Director or other City staff authorized by the Director. A copy of any Safekeeping or Custodial Agreement will be provided to the City Manager and City Clerk.
14.0 Diversification:
The City will diversify its investments by security type, individual security and financial institution. The City shall not exceed the following aggregate limits of eligible securities per Section 8 by security type/individual issuer.
No more than 50% of the City’s total investment portfolio will be invested with, or handled by, a single financial institution or broker/dealer. This excludes the City having one financial institution or trustee handle all of its safekeeping requirements per Section 13.0.
Compliance with the percentage limitations above shall be determined by the Director, or other Finance Staff authorized by the Director, when the security is purchased, and reviewed on a quarterly basis by the City’s Financial Consultant.
15.0 Maximum Maturities:
To the extent possible, the City will attempt to match the maturity dates of its investments with the anticipated cash flow requirements. Current operating funds may not be invested in any security having a maturity of greater than12 months. Unless matched to a specific cash flow or restricted fund, gift or grant related fund, the City will not directly invest in securities covering non-operating funds maturing more than five (5) years from the date of purchase.
Debt Service Reserve Funds may be invested in securities of up to five (5) years, if permitted by bond documents, and if the maturity of such investments is made to coincide as nearly as practical with the potential expected use of the funds.
The Investment Portfolio’s weighted average maturity shall not exceed 3 years.
Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds such as LGIPs, money market funds, QPD’s or repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing City obligations or unexpected requirements.
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16.0 Internal Controls:
The Director is responsible for establishing and maintaining an internal control structure designed to ensure City assets are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management. The internal controls shall address the following points:
• Control of collusion • Separation of transaction authority from accounting and record keeping • Custodial safekeeping • Avoidance of physical delivery securities • Clear delegation of authority to subordinate staff members • Written confirmation of transactions for investments and wire transfers • Development, or update as needed, of a wire transfer agreement with the City’s lead operating bank and third-party custodian.
The City Auditor shall review internal controls of this investment policy and its related operating procedures on an annual basis. This review will confirm the levels of internal control by assuring compliance with policies and procedures.
17.0 Performance Standards:
The Investment Portfolio, after insuring the primary objectives of Safety, Liquidity, and Transparency, shall then be designed with the secondary objective of obtaining an acceptable market rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the City’s cash flow needs.
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17.0 Market Yield (Benchmarks):
The City’s investment strategy is passive. Given this strategy, the basis used by the Director to determine whether acceptable market yields are being achieved shall be: A. Operating Funds: 0 to 1.5 years: Standard & Poor’s LGIP Index or comparable indice. B. Non-Operating Funds: 1-5 years: Merrill Lynch 1-3 year Treasury Index or comparable indice.
Given constantly changing market conditions, the Director, following advice from the City’s Financial Consultant, may choose to replace any of the above-referenced performance benchmarks as needed, so as to more accurately monitor the portfolio’s performance.
18.0 Reporting Requirements:
As part of one of the key City objectives of Transparency, the Director shall provide the City Manager and City Commission with quarterly investment reports, which provide a clear picture of the status of the current investment portfolio. A copy of this quarterly report will also be provided to the Investment Sub-Committee of the Board of Finance, and reviewed by the City’s Financial Consultant. The investment report should include overview comments from the Director, current and relevant information on the fixed income capital and financial markets, update on general economic conditions, discussions regarding any recommended restrictions on percentage of investment by investment type or categories, possible changes in the portfolio structure going forward, and thoughts on investment strategies.
Schedules in the quarterly report should include the following:
• A listing of individual securities held at the end of the reporting period by authorized investment type per Section 8, • Average weighted yield to maturity of portfolio on investments as compared to applicable benchmarks, • Average life and final maturity of all investments listed, • Coupon, yield and earnings rate • Par Value, Amortized Book Value and Market Value, • Percentage of the Portfolio represented by each investment type per the limits set forth in Section 14.
Such reports shall be made available to the public pursuant to Chapter 119 F.S.
19.0 Investment Policy Adoption:
The City’s investment policy shall be adopted by resolution of the City Commission. The Investment Sub-Committee of the Board of Finance may review the policy annually
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with the Director, and Financial Consultant, as needed. Any changes to the Investment Policy must be approved by the City Manager and City Commission.
20.0 Glossary (Appendix A):
This policy is to be available to various stakeholders (citizens, City Commission, City staff, investors, bondholders, financial institutions, rating agencies, and broker/dealers). The City has included a glossary of industry terminology in Appendix A for reference purposes only.
21.0 Continuing Education:
Per Florida Statutes, the Director, as the designated Investment Officer of the City, and any other City staff authorized by the Director to be involved with making investment decisions, must annually complete eight (8) hours of continuing education in subjects or courses of study related to investment practices and products. Copies of this annual compliance will be provided to the City Manager and the City Clerk.
22.0 Policy Exception:
Any investment currently held that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, such monies shall be reinvested only as provided by this policy.
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APPENDIX A
GLOSSARY OF TERMS FOR REFERENCE PURPOSES ONLY
UPDATED FEBRUARY 1, 2019
ACCRUED INTEREST: The accumulated interest due on a bond, calculated as of the last interest payment made by the issuer to the date of calculation.
AGENCY: A debt security issued by a federal agency or federally sponsored agency. Federal agencies’ obligations to make principal and interest payments are backed by the full faith and credit of the U.S. Government. These are listed as part of the US Treasury class of permitted investments due to the full backing of the United States Governments and, in part, for state statute reference issues. Agencies are not typically purchased by municipalities as their issuance volume has been historically small, and they have traditionally issued only mortgage backed securities i.e. GNMA.
AMORTIZATION: The systematic reduction of the amount owed on a debt issue through periodic payments of principal.
ASKED: The price at which securities are offered.
BASIS POINT: A unit of measurement used in the valuation of fixed-income securities equal to 1/100 of 1%, e.g. “1/4 of 1% equals 25 basis points.
BANKER’S ACCEPTANCE (BAs): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. Banker’s Acceptance is not directly cited by City’s Investment Policy, but it is allowable if it meets either the QPD or collateral requirements.
BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s operating or non-operating portion of its Investment Portfolio.
BID: The price offered by a buyer of securities. (When you are selling securities, you are asking for a bid.) See Offer.
BOOK VALUE: The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security’s current value in the market.
BROKER: A broker brings buyers and sellers together on an investment transaction for a commission.
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CALL PRICE: The price at which an issuer may redeem a bond prior to maturity. The price is usually at a slight premium to the bond’s original issue price to compensate the holder for loss of income and ownership.
CALL RISK: The risk to a bondholder that a bond may be redeemed prior to maturity.
CALLABLE BOND: A bond issue in which all or part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions.
CASH SALE/PURCHASE: A transaction, which calls for delivery and payment of securities on the same day that the transaction is initiated.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD’s are typically negotiable.
COLLATERALIZATION: Process by which a borrower, or investment provider, pledges securities, property, or other deposits for the purpose of securing the repayment obligation of a loan and/or sold security to an investor.
COMMERCIAL PAPER: An unsecured short-term promissory note issued by corporations or financial institutions, with maturities ranging from 2 to 270 days. Commercial paper is typically assigned short term ratings from at least two of the three nationally-recognized rating agencies: Fitch, Moody’s, or Standard & Poor’s.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official consolidated annual audit report for the City of Dunedin. It includes multiple combined statements for each individual fund, enterprise and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, financial covenants, extensive introductory material, and a detailed Statistical Section.
COUPON: (a) The annual rate of interest that a securities’ issuer promises to pay the bondholder on the bond’s face value. (b) A certificate attached to a bond evidencing interest due on a payment date.
CREDIT QUALITY: The measurement of either the bond issuer’s or security’s financial strength issued by nationally recognized rating agencies. Generally, the higher the credit quality of a bond issuer or security, the lower the interest rate paid by the issuer because the risk of default is lower. Issuers and certain securities can obtain short-term and long-term ratings.
CREDIT RISK: Investor’s risk that an issuer will default in the payment of interest and/or principal on a security.
CURRENT YIELD (CURRENT RETURN): A yield calculation determined by dividing the annual interest received on a security by the current market price of that security.
CURRENT EXPENSES: Expenses to meet known cash needs and anticipated cash- flow requirements for the short term. 134 18
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.
DEBENTURE: An unsecured bond or fixed income security backed only by the general full faith and credit of the issuer.
DELIVERY VERSUS PAYMENT: A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or his/her custodian or safekeeping institution. (Note: Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.)
DERIVATIVE SECURITIES: Financial instruments whose value depends on, or is derived from, the value of one or more underlying assets, interest rates, index or asset values. To meet industry suitability standards, investment in derivatives should require a higher level of Staff knowledge and due diligence. Not permitted by City Investment Policy at this time.
DISCOUNT: The amount by which the par value of a security exceeds the price paid for the security, excluding accrued interest.
DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills.
DIVERSIFICATION: A process of investing eligible City assets among a range of security types, with further protections of credit and interest rate risk by also setting maturity, and minimum rating requirements. Comparable to an individual portfolio’s objective to spread the risk via buying multiple types of fixed income and equity securities so as to minimize risk to meet their suitability level and objectives.
FAIR VALUE: The amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L’s, small business firms, students, farmers, farm cooperatives, and exporters.
FEDERAL DEPOSIT INSURANCE COPORATION (FDIC): A federal agency that insures bank deposits.
FEDERAL FUNDS RATE: The daily rate of interest at which funds are traded among banks through the Federal Reserve. The Federal Reserve, through open-market helps to influence interest rates.
FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks), which lend funds and provide corresponding banking services to member commercial banks, thrift institutions, credit unions and insurance 135 19
companies. The mission of the FHLBs is to liquefy the housing-related assets of its members who must purchase stock in their district Bank.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA or Fannie Mae): FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal, private stockholder-owned corporation working under the auspices of the Department of Housing and Urban Development (HUD). It has traditionally been the largest single provider of residential mortgage funds in the United States. The corporation’s purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA’s securities traditionally have been highly liquid and widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. Recent housing market and securities issues have put some of this under review.
FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. Their policy actions help to set the daily Federal Funds and Discount Rates. Its Chairman traditionally plays a major role, as head of this independent entity, in the markets with his/her testimony, and increasingly global coordination with other overseas Foreign Heads of State and Central Banks.
FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and approximately 5,700 commercial banks that are members of the system.
FISCAL TRAUMA AND FEDERAL ACTIONS: Many exotic instruments resulted in an ever changing area of the investment market, recent economic trauma since the summer of 2008, and particularly related to certain types of securities, i.e., collateralized mortgage obligations (CMOs), structured investments, etc. Current macroeconomic reviews, SEC and congressional investigations are underway, as are ongoing significant newly-employed federal fiscal and monetary policies and Federal Reserve actions.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA OR Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. The FHA, VA or FmHA mortgages back Ginnie Mae securities. The term “pass- through” is often used to describe Ginnie Maes.
GOVERNMENT SPONSORED ENTITIES: Federal Government Sponsored Entities (GSE’s) are backed by each particular agency to various levels of support, subject to change by Federal Legislation, with a general market perception that there is an implicit government guarantee. 136 20
INTEREST RATE RISK: The risk associated with declines or rises in interest rates, which cause an investment in a fixed-income security to increase or decrease in value.
INTERNAL CONTROLS: A series of policies and procedures designed to ensure that the assets of the entity are protected from loss, theft, or misuse. Some key areas typically addressed can include the following points: 1. Control of collusion – Collusion is a situation where two or more employees are working in conjunction to defraud their employer. 2. Separation of transaction authority from accounting and record keeping – By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. 3. Custodial safekeeping – Securities purchased from any bank or dealer including appropriate collateral (as defined by state law) shall be placed with an independent third party for custodial safekeeping. 4. Avoidance of physical delivery securities – Book-entry securities in the name of the City are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. 5. Clear delegation of authority to subordinate staff members – Subordinate staff members must have a clear understanding of their authority and responsibilities from the Finance Director so as to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities. 6. Written confirmation of transactions for investments and wire transfers – Due to the potential for error and improprieties arising from telephone and electronic transactions, all transactions should be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and if the safekeeping or custodial institution on behalf of the City has a list of authorized signatures. 7. Development of a wire transfer agreement with the lead bank and third- party custodian or safekeeping institution – The Finance Director, or other Finance Staff member authorized by the Finance Director, should ensure that an agreement will be entered into and will address the following points: controls, security provisions, and responsibilities of each party making and receiving wire transfers.
INVERTED YIELD CURVE: A graphic representation illustrating short-term securities having higher yields than long-term securities. This configuration has historically occurred during periods of high inflation, low levels of confidence in the economy and a restrictive monetary policy.
INVESTMENT COMPANY ACT OF 1940: Federal legislation which sets the standards by which investment companies, such as mutual funds, are regulated in the areas of advertising, promotion, performance reporting requirements, and securities valuations.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money markets, a security is said to be liquid 137 21
if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from various governments or political subdivisions that are placed in custody for investment and reinvestment. LGIPs typically are governed by a board of either peer Government Investment Officers, or as with the SBA, a group of Elected Officials. Daily operations run by either LGIP staff or an outside Portfolio Manager providing assistance.
MARK-TO-MARKET: The process whereby the book value or collateral value of a security is adjusted to reflect its current market value. Required as part of a City’s annual audit, and to be provided as part of the City’s quarterly reporting process.
MARKET RISK: The risk that a security’s value will rise or decline as a result of changes in market conditions.
MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.
MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase certain securities and sets forth each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities as Collateral in the event of default by the seller-borrower.
MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.
MONEY MARKET MUTUAL FUND: Mutual funds can invest in a wide range of investments, and for City investment purposes, Money Market Mutual Funds, upon review, typically invest solely in money market instruments (short-term debt instruments, such as Treasury bills, commercial paper, bankers’ acceptances, repos and federal funds) that are also permitted directly by the City’s Investment Policy.
MUTUAL FUND: An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940 and must abide by the following Securities and Exchange Commission (SEC) disclosure guidelines: 1. Report standardized performance calculations. 2. Disseminate timely and accurate information regarding the fund’s holdings, performance, management and general investment policy. 3. Have the fund’s investment policies and activities supervised by a board of trustees, which are independent of the adviser, administrator or other vendor of the fund. 4. Maintain the daily liquidity of the fund’s shares. 5. Value their portfolios on a daily basis. 6. Have all individuals who sell SEC-registered products licensed with a self- regulating organization. 138 22
7. Have an investment policy governed by a prospectus, which is updated and filed with the SEC annually.
NET ASSET VALUE: The market value of one share of an investment company, such as a mutual fund or local government investment pool. This figure is calculated by totaling a fund’s or LGIP’s assets which include securities, cash, and any accrued earnings, subtracting this from the fund’s liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund’s portfolio.
NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO): Moody’s, Standard & Poor’s (S&P) and FITCH IBCA are the three major national rating agencies. Additionally, Thomson Bank Watch and some other firms are available for financial institution ratings only.
NO LOAD FUND: A mutual fund, which does not levy a sales charge on the purchase of its shares.
NOMINAL YIELD: The stated rate of interest that a bond pays its current owner, based on par value of the security. It is also known as the “coupon”, “coupon rate” or “interest rate.”
OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked.
OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are one of the Federal Reserve’s most important and flexible monetary policy tools.
PAR VALUE: Face value or principal value of a bond, typically $1,000 per bond.
POSITIVE (NORMAL) YIELD CURVE: A graphic representation illustrating short-term securities having lower yields than long-term securities. Typically seen as an indicator of inflationary expectations and a growth economy.
PREMIUM: The amount by which the price paid for a security exceeds the security’s par value.
PORTFOLIO: Collection of securities held by an investor.
PRIMARY DEALER: A group of government securities dealers who submit weekly reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker/dealers and commercial, banking organizations subject to official supervision by the U.S. Federal bank. 139 23
PRIME RATE: A preferred interest rate charged by commercial banks to their most creditworthy customers. Many interest rates for consumers such as Home Equity Lines are keyed to this rate.
PRINCIPAL: The face value or par value of a debt instrument. Also may refer to the amount of capital invested in a given security.
PROSPECTUS OR OFFICIAL STATEMENT: A legal document that must be provided to any prospective purchaser of a new securities offering registered with the SEC, or typically provided for SEC-exempt securities such as municipal bonds or notes. This can include information on the issuer, the issuer’s business, the proposed use of proceeds, the experience of the issuer’s management, credit ratings, proposed source of repayment of principal and interest, timing and frequency of payments, and certain certified financial statements.
QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the City under a State Treasurer overseen program, some level of eligible collateral (levels vary on size of bank) and which has been approved by the Public Deposit Protection Commission to hold public deposits. Banks agree to severally and jointly support each other’s’ obligations for public deposits, with the responsibility to maintain confirmation of a QPD written letter confirming the level of investment and collateral assigned to the City.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized Yield To Maturity (“YTM”) on a bond or the current income return.
REINVESTMENT RISK: The risk that a fixed-income investor will be unable to reinvest income proceeds from a security in its Portfolio at the same rate of return currently generated by that holding.
REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers and banks have traditionally used RPs extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money that is increasing bank reserves.
SEC RULE 2A-7 OF THE INVESTMENT COMPANY ACT: Applies to all money market mutual funds. This mandates such funds to maintain certain minimal standards, including a 13-month maturity limit and a 90-day average maturity on investments, so as to help maintain a constant Net Asset Value (“NAV”) of one dollar ($1.00). Market refers to this as trading to maintain the buck or dollar.
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SAFEKEEPING: A service to customers rendered by financial institutions for a fee whereby securities and valuables of all types and descriptions are held in the bank’s or Trust Departments, or Custodian for protection.
SECONDARY MARKET: A market made for the purchase and sale of outstanding issues and securities following the initial distribution.
SECURITIES & EXCHANGE COMMISSION (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation.
SEC RULE 15C3-1: See Uniform Net Capital Rule.
SHORT-TERM: A maximum of 6 months of operation.
STRUCTURED NOTES: Notes traditionally issued by U.S. Government Agencies, or Government Sponsored Enterprises (FHLB, FNMA, SLMA, etc.) and Corporations, which have imbedded options (e.g., call features, step-up coupons, floating rate coupons, derivative-based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve.
SURPLUS FUNDS: Any funds in any general or special account or fund of a unit of local government, or funds held by an independent trustee on behalf of a unit of local government, which in reasonable contemplation will not be immediately needed for the purposes intended.
SWAP: Trading one asset for another.
TOTAL RETURN: The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains.
TREASURY BILLS: Short-term U.S. government non-interest bearing discount securities with maturities of no longer than one year and issued in minimum denominations of $10,000. Auctions of three- and six-month bills are weekly, while auctions of one-year bills are monthly. The yields on these bills are monitored closely in the money markets for signs of interest rate trends.
TREASURY BONDS: Long-term U.S. government securities with maturities of ten years (or longer) and issued in minimum denominations of $1,000.
TREASURY NOTES: Intermediate U.S. government or agency debt securities with maturities of one to ten years and issued in denominations ranging from $1,000 to $1 million or more.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms, as well as nonmember broker/dealers in securities, maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Subject to review at Federal Level. Indebtedness covers all money 141 25
owed to a firm, including margin loans and commitments to purchase securities, one- reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.
VOLATILITY: A degree of fluctuation in the price and valuation of securities.
“VOLATILITY RISK” RATING: A rating system to assist with identifying the level of volatility and other non-credit risks associated with securities and certain bond funds. The ratings for bond funds range from those that have extremely low sensitivity to changing market conditions and offer the greatest stability of the returns (“AAA” by S&P; “V-1” by Fitch) to those that are highly sensitive with currently identifiable market volatility risk (“CCC” by S&P, “V-10” by Fitch). Comparable to measures used to track volatility of equities and equity mutual funds.
WEIGHTED AVERAGE MATURITY (“WAM”): The average maturity of all the securities that comprise a portfolio. According to SEC Rule 2A-7, the WAM for SEC registered money market mutual funds may not exceed 90 days and no one security may have a maturity that exceeds 397 days.
WHEN ISSUED (WI): A conditional transaction in which an authorized new security has not been issued. All “when issued” transactions are settled when the actual security is issued.
YIELD: The rate of annual income return on an investment, expressed as a percentage. Income yield is obtained by dividing the current dollar income by the current market price for the security.
YIELD –TO-CALL: The rate of return an investor earns from a bond assuming the bond is redeemed (called) prior to its nominal maturity date.
YIELD-TO-MATURITY (NET YIELD): The current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.
YIELD CURVE: A graphic representation depicting the relationship at a given point in time between yields and maturity for bonds or securities that are identical in every way except maturity.
ZERO-COUPON SECURITIES: Securities issued at a discount that make no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity.
DISCLAIMER
WHILE THIS APPENDIX OF GLOSSARY TERMS IS PROVIDED IN THE INTEREST OF BEING INFORMATIVE AND HELPFUL, PLEASE NOTE THAT THEY ARE SUBJECT TO CHANGE, DUE TO THE CONTINUING HIGH DEGREE AND
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FREQUENCY OF CHANGES IN THE MARKETS, FEDERAL EXECUTIVE BRANCH, REGULATORY BODY, FEDERAL RESERVE, SEC, AND ONGOING DIRECTIVES AND CHANGES. THE CITY WILL ENDEAVOR TO REVIEW THESE TERMS AND DEFINITIONS ON AN ONGOING ANNUAL BASIS. APPENDIX B
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APPENDIX B
CITY OF DUNEDIN, FLORIDA
INVESTMENT PROCESS CONFLICT OF INTEREST POLICY FORM
Complete, sign and return this form directly to:
Finance Director City of Dunedin 750 Milwaukee Avenue Dunedin, Florida 34698
I have read a copy of the City of Dunedin’s Officers and Employees conflict-of-interest policy with respect to the City’s investment process, and have read and understand it. I understand that upon receipt and review the Finance Director will supply a copy of this executed Form to the City Manager and City Clerk.
I further affirm that:
1. I am in compliance with the aforementioned conflict-of-interest policy, and any questions that I may have had in regard to this Policy have been fully addressed to my satisfaction; 2. I will remain in compliance with the aforementioned conflict-of-interest policy; 3. I have reported any breach of the conflict-of-interest policy of which I am aware; and 4. I understand that it is my obligation to report any breaches of the conflict-of- interest policy of which I am aware either through the open door policy, directly to the Finance Director, or City Manager.
The above statements are correct.
The above statements are correct except as indicated below:
I will report promptly through the aforementioned channels any such matters which may develop in the future.
Name (Please print) Signature
Date 144 28
APPENDIX C
City of Dunedin
Investment Procedure (Internal Controls)
1. Investment Portfolio reviewed monthly by Finance Director or Designee, or as securities mature, or events warrant, per prudent person standard. (Input from Financial Consultant, as needed.) 2. Cashflow needs of City, including Liquidity Requirements per Fiscal Policies, Fund Balance requirements, or Commission approved Budgetary or Capital Improvement Needs reviewed, prior to any new Investment decisions. 3. Maximum limits per institution and investment type per Policy also reviewed, as needed with Financial Consultant’s input, with Finance Director, or Designee and Financial Consultant to confirm new Investment security decisions, as well as confirmation of #2 requirements. 4. Any new due diligence requirements on new investments are done, with a Finance Director note to file. 5. Finance Director, or Designee, to communicate new Investment Security decisions to approved broker dealer (s), making sure % of annual business by Investment $, does not exceed Policy limits. 6. Selected Broker Dealer for those trades from City approved list, (with this support rotated so no more that 50% of trades, excluding any money market funds, does not go to any one broker/dealer in a given calendar year) provides market updates by email to Finance Director or Designee. 7. Written authorization for purchase and other information, as needed, for broker/dealer and City’s safekeeping bank, provided regarding the selected investment 8. Upon decision to invest funds, a memo describing the investment is sent to the City Manager for information purposes. 9. Finance Director or Designee confirms purchase of Permitted Investment at market rates in writing to Broker Dealer on DVP Basis to City’s Safekeeping or Custodial Account 10. Finance Director or Designee checks Deal Tickets or Written Confirms from Broker Dealer to confirm correct purchase, along with Safekeeping Bank’s review. 11. Investment Report updated at time of completed Trade by Finance Director or Designee, as Information is readily available. (Quarterly updates are provided to the City Manager and City Commission.) 12. Separate Accounting Staff do Entries into City accounts. (Verified by Finance Director.)
2-5-2010 145 29
CITY OF DUNEDIN, FLORIDA
INVESTMENT POLICY
ADOPTED: NOVEMBER 7, 2002
AMENDED February 18, 2010
AMENDED January 8, 2019
146 Investment Policy Table of Contents
Section Page
1. Policy…………………………………………………………………………………4
2. Scope………………………………………………………………………………….4
3. Prudence…………………………………………………………….………………...4
4. Investment Objectives………………………………………………………………...5
5. Delegation of Authority………………………………………………………………5
6. Ethics and Conflicts of Interest……………………………………………………….6
7. Authorized Financial Broker/Dealers and Financial Institutions……………………………………………………..…………………...... 7
8. Eligible and Suitable Investments….…….………………………...…….…………...8
9. Master Repurchase Agreement……….……………………………………………...10
10. Local Government Investment Pools and Money Market Funds Due Diligence………………………………………………………………...…………...10
11. Collateralization……………………………………………………………………...11
12. Bid Requirements…………………………………………………………………… 11
13. Safekeeping and Custody…………………………………………………………….12
14. Diversification………………………………………………………………….…… 12
15. Maximum Maturities…………………………………………….………...... 13
16. Internal Control………………………………………...…………………………….13
17. Performance Standards.…..………………………………………………………….14
18. Reporting Requirements…………….………………………….…………..………..14
19. Investment Policy Adoption…………………………………………………………15
20. Glossary……………………………………………………………………………...15
21. Continuing Education ………….……………………………………………………15
22. Policy Exception……..………………..……………………………………………..15 Page 2 | 27
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Appendix A - Glossary of Terms – For Reverence Purposes Only……………………………..16
Appendix B - Investment Process Conflict of Interest Form…………………...……………….26
Appendix C – City of Dunedin, Florida, Internal Controls…………………………………..….27
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1. Policy:
It is the policy of the City of Dunedin (“City”) to invest public funds in a manner which will meet the investment objectives set forth in Section 4.0, and comply with all controlling state statues, ordinances, and covenants governing the investment of public funds.
2. Scope:
Considering the exception below, this investment policy applies to all financial cash and investment assets of the City. These funds are accounted for in the City’s Comprehensive Annual Financial Report and include:
a) General Fund b) Special Revenue Funds c) Debt Service and Debt Service Reserve Funds (unless governed under bond documents) d) Capital Project Funds (unless governed by bond documents) e) Permanent Funds f) Enterprise Funds g) Internal Service Funds h) Private Purpose, or Special Grant Trust Funds i) Agency Funds j) Any new fund created by the City Commission, unless specifically exempted.
Exception: The Investment Policy shall not apply to pension funds or funds related to the issuance of debt where there are other existing policies, bond resolutions, loan agreements, or indentures in effect for such funds. Notwithstanding anything herein to the contrary, debt proceeds will not be subject to section 14.0- Diversification limits set forth in this policy.
3. Prudence:
Prudent Person Rule - Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment.
The standard of prudence to be used by investment officials shall be the “prudent person rule” and shall be applied in the context of managing an overall portfolio. The Director of the Finance Department, hereinafter referred to as Director, and other authorized staff approved by the Director, acting in accordance with written procedures and the Investment Policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from reasonable expectations are reported in a timely fashion by the Director to the City Manager and appropriate action is taken to control adverse developments. The City Manager has the discretion to report any material events to the City Commission.
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4.0 Investment Objectives:
The primary objectives, in priority order, of the City’s investment activities shall be:
4.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City will diversify its investments by investing funds among a variety of securities offering independent returns with a number of preapproved financial institutions.
A. Credit Risk - The City will limit credit risk, the risk of loss due to the failure of the security issuer or backer, by diversifying the investment portfolio so that potential losses on individual securities will be minimized and by limiting investments to specified minimum credit ratings.
B. Interest Rate Risk - The City will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates by limiting the maximum maturity of any individual security and the duration of the overall portfolio to five years.
4.2 Liquidity: The City’s investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements, which may be reasonably anticipated, and also remain in compliance with any existing fiscal, financial covenant, or fund balance policies.
4.3 Transparency: The City shall operate its portfolio in a transparent manner, making its periodic reports both available for public inspection and designed in a manner which communicates clearly and fully information about the portfolio, including market values, initial book values, investment type, maturity dates, yields, percentage of total portfolio by security and security type, and CUSIPs (Committee on Uniform Security Identification Procedures) of various securities.
4.4 Return on Investments: The City’s investment portfolio shall be designed with the objective of attaining a benchmark(s) or market comparable rate of return per Section 17.1 throughout budgetary and economic cycles, commensurate with the City’s investment risk constraints and the portfolio’s cash flow characteristics. Return on investment is of secondary importance compared to the safety, liquidity and transparency objectives described above.
5.0 Delegation of Authority:
Authority to manage the City’s investment program is granted to the Director.
Responsibility for the operation of the investment program is hereby delegated to the Director, who shall act in accordance with established written procedures and internal controls for the operation of the investment program consistent with this investment policy.
The Director shall be responsible for all transactions undertaken and shall establish, maintain, and update, as needed, a system of internal controls and procedures to regulate the activities of subordinate authorized staff, and administrative staff. Assistance will be provided, as needed, by a Financial Consultant, and also reviewed on an annual basis by the City’s outside auditing firm.
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5.1 Investment Procedures: The Director shall establish, and review and update as needed, written investment policy procedures that includes a system of internal controls for the operation of the investment program consistent with this policy.
These procedures shall be reviewed, as needed, by the City’s Financial Consultant, and with the City Manager, as needed. They will include, but not be limited to, the procedures and processes to identify and address cash flow requirements, security or investment selection, procurement, authorizations required for various actions, settlement and disposal. The procedures will also include reference to: safekeeping or custodian arrangements, repurchase agreements, wire transfer process and authorization documentation, banking service contracts and collateral/depository agreements.
As noted, to insure an appropriate level of review and checks and balances, such procedures shall include explicit delegation of authority to persons responsible for investment decisions, wire transfers, communications with investment or banking firms, and transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the more specific procedures established by the Director.
6.0 Ethics and Conflicts of Interest:
City Staff directly involved in the investment process shall refrain from activities that could conflict with either the proper execution and management of the investment program or impair their ability to make impartial investment decisions.
It is imperative that City Staff conduct themselves with a degree of honesty, transparency, and integrity which is beyond reproach or even suspicion. At all times, City Staff will act in strict accordance and consistent with the Florida ethics law as found in Chapter 112, Part 3 F.S.
While it is not possible to anticipate every situation and prescribe a precise rule for each, it is possible to set forth certain basic, general principles to be observed by City Staff authorized to be involved in the City’s investment process at all times. The essence of this policy is that authorized City Staff shall always deal with others doing, or seeking to do, business with the City in a manner that professionally represents the interest of the City and excludes all consideration of personal advantage. Accordingly, all authorized City Staff as determined by the Director involved in the Investment Process shall complete and keep current an ‘Investment Process Conflict of Interest Policy Disclosure Form’ to be filed with the Director (per Appendix B), with a copy provided also to the City Manager and City Clerk, and further, every authorized City Staff member involved with the investment process of the City is subject to the following policy:
1. Interest in Other Business Organizations
City Staff involved in the City’s investment process, or any members of their immediate families, shall not have any material interest, direct or indirect, in any other business which in any degree conflicts with their primary responsibility to the City. In this regard, City Staff or members of their immediate families should not possess a significant financial ownership or management interest in any business that does, or seeks to do, business with the City. In addition, City Staff involved with the investment process should not conduct business on behalf of the City with members of their immediate family (persons residing in the same household as Page 3 | 27
151 the City Staff member), or a business organization with which they or members of their immediate families have any association which could be construed as significant in terms of potential conflict of interest. This does not preclude an authorized City Staff member from maintaining standard checking, depository, or other non-investment related services with a banking, financial, or investment banking firm in the normal course of those activities.
2. Gifts, Favors, Entertainment and Payments to Employees
City Staff involved in the investment process shall not seek or accept any gifts, payments, fees, services, valuable privileges, “insider trading” or other nonpublic, confidential investment or financial information, vacations or pleasure trips, loans (other than conventional loans or banking services from lending institutions) or other favors from any person or business organization that does, or seeks to do, business with the City. The term gift will include all matters or transactions as that term is defined in Chapter 112 F.S. No authorized employee or Officer shall accept anything of value in exchange for referral of parties to any person or business organization that does, or seeks to do, business with the City.
City Staff involved in the City’s investment decisions shall refrain from undertaking personal investment transactions with the same individual or firm with whom business is conducted on behalf of the City. Any preexisting relationships will be disclosed for any newly hired or authorized City Staff at the time of execution of the Disclosure Statement noted in Section 6.0., with a copy provided to the City Manager and City Clerk.
7.0 Authorized Financial Broker/Dealers and Financial Institutions:
The Director, with assistance as needed by the City’s Financial Consultant, will maintain a list of financial institutions authorized to provide investment services. In addition, a list will also be maintained of approved security broker-dealer firms selected by minimum standards of credit worthiness, capital, and other qualifications that are authorized to provide investment services in the State of Florida. These may include “primary” dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net capital rule).
No public deposit shall be made except in a Qualified Public Depository (“QPD”) authorized to hold Florida public deposit accounts per Chapter 280, Florida Statutes, with these reviewed on an annual basis, with assistance from the City’s Financial Consultant, as needed. Per Chapter 280, it is the City’s responsibility to maintain a current and up-to-date file on each QPD firm and related QPD investment. It is also important to require that any QPD firm providing, or seeking to provide, investment securities to the City also provide a copy of its most recently available Annual Financial Statement, and, as available, copies of any recent rating agency’s reports confirming any short-term and long-term credit ratings.
Security broker-dealers and financial institutions shall be aware and as part of their normal industry standard responsibilities related to disclosure and suitability, provide to authorized City Staff, information prior to the time of security purchase that includes reasonably foreseeable risks of market price loss, illiquidity, non-marketability, or default of investment instruments before they are purchased by the City.
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All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply, and agree to update as needed, the Director with the following: a) Audited, fiscal year end, financial statements, b) Proof of Financial Industry Regulatory Authority (FINRA) or equivalent industry certification, c) Proof of State of Florida registration and licenses, d) Executed Certificate by an authorized Officer of their firm that they have read, understood and agree to comply with the City’s Investment Policy, including the ongoing responsibility to provide annual audited financial statements and any other material information regarding either their firm or any investment that they may have sold to the City.
An annual review of the financial condition and registrations of qualified bidders will be conducted by the Director, with assistance, as needed, by the City’s Financial Consultant.
A current audited financial statement is required to be on file for each financial institution and broker/dealer in which the City invests within a reasonable time following that institution’s fiscal year end.
8.0 Eligible and Suitable Investments:
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The City is empowered by State statute, local law, and the City Commission’s adoption of this Investment Policy to invest in the following types of securities: a) The United States Treasury - Direct Obligations issued by the Treasury of the United States, that has the full faith and credit of the United States government fully guaranteeing all principal and interest payments including, but not limited to:
1. U.S. Treasury Bills, 2. U.S. Treasury Notes, and 3. U.S. Treasury Bonds. b) US Government Agencyies Securities and Government Sponsored Enterprises (“GSE”). b) Direct obligations issued by an Agency of the United States, that has the full faith and Formatted: Indent: Left: 0.25", No bullets or credit of the United States government fully guaranteeing all principal and interest payments numbering including, but not limited to:
1. Government National Mortgage Association (“GNMA”) 2. Federal Housing Authority (“FHA”), 3. Veterans Administration (“VA”), and 4. Small Business Administration (“SBA”).
GSE’s or Instrumentalities do not carry the full faith and credit support of the United Stated Government , and have to varying degrees indirect/explicit backing the United States. The GSE Securities must be rated at least AAA/Aaa/AAA long-term from two of the rating agencies, Fitch, Moody’s, or Standard & Poor’s, issued by:
1. Federal Home Loan Bank (FHLB) 2. Federal Farm Credit Bank (FFCB) 3. Federal National Mortgage Association (FNMA or “Fannie Mae”) 4. Federal Home Loan Mortgage Association (FHLMC or “Freddie Mac”) 5. Federal Agriculture Mortgage Corporation
Any other GSE shall be considered as Corporate debt and authorized per Section (h), with input from the Financial Consultant, as needed, and updated reports and credit structure material from the City’s Broker/Dealer assisting on this security transaction. c) Local Government Investment Pools - Shares in Local Government Investment Pools (LGIP’s) organized under Chapter 163, Part I, Florida Statutes and rated at least AAAm or equivalent from Fitch, Moody’s or Standard & Poor’s. Cash flow analysis by the Director or authorized Finance Staff, with assistance as needed by the City’s Financial Consultant, should be done to determine if either a Stable Net Asset Value (“NAV”) or Variable NAV or Bond LGIP is appropriate. d) The State Board of Administration (“SBA” or “Florida Prime”) - Shares in the SBA , authorized under Chapter 218, Part IV, Florida Statutes. At the time of purchase, the SBA must carry either a AAAm or equivalent rating from Standard & Poor’s, Moody’s or Fitch.
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154 e) State & Local Governments: General or revenue debt obligations, including Build America Bonds or Notes, issued by the State of Florida or any political subdivisions thereof, any state of the United States, the District of Columbia, rated at least Aaa/AAA from at least two of either Fitch, Moody’s, or Standard & Poor’s due to the presence of any credit enhancement, with the direct issuer or obligor also having a minimum underlying credit rating on its own of “A” from a least two of the rating agencies. Notwithstanding either the credit enhancement rating or underlying rating, this does not include any Community Development District (“CDD”), Housing Finance Authority, Health Care Authority, Educational Development Authority, or any other conduit issuer securities. f) Money Market Mutual Funds- Shares in Money Market Mutual Funds registered under the federal “Investment Company Act of 1940”, as amended, which stipulates that a money market fund must have an average weighted maturity of 60 days or less. aAt the time of purchase, a money market fund shall have a rating of at least AAAm or equivalent by Standard & Poors, Fitch or Moody’s. g) Bank Deposits , QPD InvestmentsMoney Market Savings Accounts, or Certificates of Deposit- Time deposits, demand deposits, and savings accounts, and non-negotiable certificates of dDeposits organized under the laws of Florida and/or in national banks organized under the laws of the United States and doing business and situated in Florida as Qualified Public Deposits, provided that any such deposits are secured and collateralized by the Florida Security for Public Deposits Act, F.S. Chapter 280, and that the firm is not on a credit watch information service from a nationally-recognized rating agency firm. h) Commercial Paper and Corporate Debt Instruments and Commercial Paper: U.S. dollar denominated debt instruments issued by corporations or banks organized and doing business in the U.S., having a minimum of (a) two short term ratings of at least A1+, P-1, and F1+, from Standard & Poors, Moody’s or Fitch, respectively, and (b) two long term ratings of AA- /Aa3/AA- , respectively from either Fitch, Moody’s or Standard & Poor’s. i) Repurchase Agreements: These securities must be collateralized with a minimum of 102% with securities noted in either (a) or (b) of this Section, be rated at least A1+, P1, or F1+ from Standard & Poor’s, Moody’s or Fitch, be marked to market no less frequently than weekly, and must have a coupon rate that is fixed from the time of settlement until its maturity date, and must be marketable. Said collateral to be held by the trust department of the City’s safekeeping bank, main operating bank’s safekeeping or trust department, or the City’s custodian bank, and securities governed by Section 9.
The use of derivatives is prohibited.
9.0 Master Repurchase Agreement:
Institutions and dealers transacting repurchase agreements shall execute and perform as stated in the City’s standard Master Repurchase Agreement, as approved by the Director, and reviewed, as needed, by the City’s Financial Consultant.
10.0 Local Government Investment Pools and Money Market Funds Due Diligence:
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A thorough investigation of the LGIP or Fund authorized in Section 8(c) and 8(f) is required prior to investing, and on a continual basis. There shall be a Government Finance Officer’s or other industry, or comparable community relevant questionnaire developed by the Director, with assistance as needed by the Financial Consultant, that is utilized to review the proposed LGIP or Money Market Fund.
The key components of this due diligence process will include information that addresses the following typical questions:
A description of eligible investment securities, and a written statement of Investment Policy and objectives. A description of interest calculations and how it is distributed, and how gains and losses are treated. An overview of LGIP or Fund oversight, board composition, portfolio manager information and reputation, degree of transparency. A description of how the securities are safeguarded (including the settlement processes), how often the securities are priced and frequency of LGIP or Fund auditing process. A description of who may invest or participate in the program, how often, what size deposits and withdrawals are allowed, reporting capabilities to assist with City audit requirements and potential IRS Arbitrage requirements (if tax exempt bond proceeds are included), and frequency of interest payments. A schedule for receiving statements and portfolio listings, or ability to obtain same via online security protected access. Is it Stable NAV or Variable NAV Fund?
Stable NAV: At the time of purchase, the LGIP must carry a rating of “AAAm” from Standard & Poor’s, or Aaa from Moody’s, or AAA from Fitch.
Variable NAV or Bond Fund: At time of purchase, the LGIP must carry a rating of “AAA” and a volatility rating of “S1+” from Standard & Poor’s, Aaa from Moody’s, or AAA from Fitch.
The average duration or maturity of the LGIP or Fund. Full disclosure of the fee schedule, and when and how is it assessed or paid. Is the LGIP or Fund eligible for bond proceeds?
11.0 Collateralization:
Collateralization will be required on three types of investments: non-negotiable, Interest-bearing time certificates of deposit, other qualified public deposits (QPD’s) per Section 8(g), and repurchase agreements per Section 8(i). Collateralization for these investment types is provided with each investment type.
The City chooses to limit collateral to Direct Obligations of United States per Section 8(a).
The right of collateral substitution is granted, so long as the process for same is clearly laid out. The process commonly referred to as “securities lending” is not permitted without the prior
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156 approval of the Director, and sufficient review and recommendation of the City’s Financial Consultant.
12.0 Bid Requirements:
Director and other City staff authorized by the Director, with assistance from the Financial Consultant, as needed, shall determine the approximate maturity dates for investment securities based on cash-flow needs and forecasts, current market conditions, and ongoing budgetary and liquidity requirements. Once analyzed and one or more optimal types of investments are identified and selected, the Director, or authorized City staff , with assistance from the City’s Financial Consultant, as needed, will then work directly, or through approved broker/dealers, banks or financial institutions, to purchase the selected security or investment by a competitively bid process, when feasible and appropriate. This process should assist with creating an open process, and acceptable levels of market yields and fees, while also encouraging mutually beneficial relationships with prequalified firms. Except as otherwise required by law, the bidding or selection process deemed to best meet the investment objectives as determined by the Director, supported as needed by the City’s Financial Consultant, should be selected.
13.0 Safekeeping and Custody:
All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery-versus-payment (“DVP”) basis. Securities will be held by a third party custodian approved by the Director, and all transactional activity evidenced by safekeeping receipts.
All securities purchased by, and all collateral obtained by, the City should be properly designated as an asset of the City of Dunedin. Withdrawal of securities from safekeeping or custodial accounts, in whole or in part, shall not be made except by the Director or other City staff authorized by the Director. A copy of any Safekeeping or Custodial Agreement will be provided to the City Manager and City Clerk.
14.0 Diversification:
The City will diversify its investments by security type, individual security and financial institution. The City shall not exceed the following aggregate limits of eligible securities per Section 8 by security type/individual issuer:
U.S. Treasuries and Federal Agencies 95%/N/A U.S. Government Agencies & 40%/25% Government Sponsored Enterprises 507540%/4025% Local Government Investment Pools Constant NAV or dollar in/dollar out 75%/50% Floating NAV 50%/35% Formatted: Justified State Board of Administration Florida Prime Fund A 5% Comment [DJ1]: SBA Pool A no longer exists. State and Local Governments 10%/5% Florida Prime Fund is now professionally managed Money Market Mutual Funds 50%/25% by Federated Investors Money Market Savings Account 40%/25% Page 9 | 27
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Certificates of Deposit (QPD’s) 40%/25% Commercial Paper 40%/25% Money Market Savings Account 40%/25% Corporate Debt Securities/ 10%/5% Commercial Paper 40%/25%10% Repurchase Agreements 10%
In addition to a maximum level of investment in aggregate by security type, no more than 25% of the City’s investment portfolio will be invested in a single security (issue). No more than 50% of the City’s total investment portfolio will be invested with, or handled by, a single financial institution or broker/dealer. This excludes the City having one financial institution or trustee handle all of its safekeeping requirements per Section 13.0.
Compliance with the percentage limitations above shall be determined by the Director, or other Finance Staff authorized by the Director, when the security is purchased, and reviewed on a quarterly basis by the City’s Financial Consultant.
15.0 Maximum Maturities:
To the extent possible, the City will attempt to match the maturity dates of its investments with the anticipated cash flow requirements. Current operating funds may not be invested in any security having a maturity of greater than12 months. Unless matched to a specific cash flow or restricted fund, gift or grant related fund, the City will not directly invest in securities covering non-operating funds maturing more than five (5) years from the date of purchase.
Debt Service Reserve Funds may be invested in securities of up to five (5) years, if permitted by bond documents, and if the maturity of such investments is made to coincide as nearly as practical with the potential expected use of the funds.
The Investment Portfolio’s weighted average maturity shall not exceed 3 years.
Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds such as LGIPs, money market funds, QPD’s or repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing City obligations or unexpected requirements.
16.0 Internal Controls:
The Director is responsible for establishing and maintaining an internal control structure designed to ensure City assets are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management. The internal controls shall address the following points: . Control of collusion . Separation of transaction authority from accounting and record keeping . Custodial safekeeping . Avoidance of physical delivery securities . Clear delegation of authority to subordinate staff members . Written confirmation of transactions for investments and wire transfers Page 10 | 27
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. Development, or update as needed, of a wire transfer agreement with the City’s lead operating bank and third-party custodian.
The City Auditor shall review internal controls of this investment policy and its related operating procedures on an annual basis. This review will confirm the levels of internal control by assuring compliance with policies and procedures.
17.0 Performance Standards:
The Investment Portfolio, after insuring the primary objectives of Safety, Liquidity, and Transparency, shall then be designed with the secondary objective of obtaining an acceptable market rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the City’s cash flow needs.
17.1 Market Yield (Benchmarks): The City’s investment strategy is passive. Given this strategy, the basis used by the Director to determine whether acceptable market yields are being achieved shall be : A. Operating Funds: 0 to 1.5 years: Standard & Poor’s LGIP Index or comparable indice B. Non Operating Funds: 1-5 years: Merrill Lynch 1-3 year Treasury Index or comparable indice
Given constantly changing market conditions, the Director, following advice from the City’s Financial Consultant, may choose to replace any of the above-referenced performance benchmarks as needed, so as to more accurately monitor the portfolio’s performance.
18.0 Reporting Requirements:
As part of one of the key City objectives of Transparency, the Director shall provide the City Manager and City Commission with quarterly investment reports, which provide a clear picture of the status of the current investment portfolio. A copy of this quarterly report will also be provided to the Investment Sub-Committee of the Board of Finance, and reviewed by the City’s Financial Consultant. The investment report should include overview comments from the Director, current and relevant information on the fixed income capital and financial markets, update on general economic conditions, discussions regarding any recommended restrictions on percentage of investment by investment type or categories, possible changes in the portfolio structure going forward, and thoughts on investment strategies.
Schedules in the quarterly report should include the following:
A listing of individual securities held at the end of the reporting period by authorized investment type per Section 8, Average weighted yield to maturity of portfolio on investments as compared to applicable benchmarks, Average life and final maturity of all investments listed, Coupon, yield and earnings rate Page 11 | 27
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Par Value, Amortized Book Value and Market Value, Percentage of the Portfolio represented by each investment type per the limits set forth in Section 14.
Such reports shall be made available to the public pursuant to Chapter 119 F.S.
19.0 Investment Policy Adoption:
The City’s investment policy shall be adopted by resolution of the City Commission. The Investment Sub-Committee of the Board of Finance may review the policy annually with the Director, and Financial Consultant, as needed. Any changes to the Investment Policy must be approved by the City Manager and City Commission.
20.0 Glossary (Appendix A):
This policy is to be available to various stakeholders (citizens, City Commission, City staff, investors, bondholders, financial institutions, rating agencies, and broker/dealers). The City has included a glossary of industry terminology in Appendix A for reference purposes only.
21.0 Continuing Education:
Per Florida Statutes, the Director, as the designated Investment Officer of the City, and any other City staff authorized by the Director to be involved with making investment decisions, must annually complete eight (8) hours of continuing education in subjects or courses of study related to investment practices and products. Copies of this annual compliance will be provided to the City Manager and the City Clerk.
22.0 Policy Exception:
Any investment currently held that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, such monies shall be reinvested only as provided by this policy.
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APPENDIX A
GLOSSARY OF TERMS FOR REFERENCE PURPOSES ONLY
UPDATED JANUARY FEBRUARY 14, 20190
ACCRUED INTEREST: The accumulated interest due on a bond, calculated as of the last interest payment made by the issuer to the date of calculation.
AGENCY: A debt security issued by a federal agency or federally sponsored agency. Federal agencies’ obligations to make principal and interest payments are backed by the full faith and credit of the U.S. Government. These are listed as part of the US Treasury class of permitted investments due to the full backing of the United States Governments and, in part, for state statute reference issues. Agencies are not typically purchased by municipalities as their issuance volume has been historically small, and they have traditionally issued only mortgage backed securities i.e. GNMA.
AMORTIZATION: The systematic reduction of the amount owed on a debt issue through periodic payments of principal.
ASKED: The price at which securities are offered.
BASIS POINT: A unit of measurement used in the valuation of fixed-income securities equal to 1/100 of 1%, e.g. “1/4 of 1% equals 25 basis points.
BANKER’S ACCEPTANCE (BAs): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. Banker’s Acceptance is not directly cited by City’s Investment Policy, but it is allowable if it meets either the QPD or collateral requirements.
BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s operating or non-operating portion of its Investment Portfolio.
BID: The price offered by a buyer of securities. (When you are selling securities, you are asking for a bid.) See Offer.
BOOK VALUE: The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security’s current value in the market.
BROKER: A broker brings buyers and sellers together on an investment transaction for a commission.
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CALL PRICE: The price at which an issuer may redeem a bond prior to maturity. The price is usually at a slight premium to the bond’s original issue price to compensate the holder for loss of income and ownership.
CALL RISK: The risk to a bondholder that a bond may be redeemed prior to maturity.
CALLABLE BOND: A bond issue in which all or part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions.
CASH SALE/PURCHASE: A transaction, which calls for delivery and payment of securities on the same day that the transaction is initiated.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD’s are typically negotiable.
COLLATERALIZATION: Process by which a borrower, or investment provider, pledges securities, property, or other deposits for the purpose of securing the repayment obligation of a loan and/or sold security to an investor.
COMMERCIAL PAPER: An unsecured short-term promissory note issued by corporations or financial institutions, with maturities ranging from 2 to 270 days. Commercial paper is typically assigned short term ratings from at least two of the three nationally-recognized rating agencies: Fitch, Moody’s, or Standard & Poor’s.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official consolidated annual audit report for the City of Dunedin. It includes multiple combined statements for each individual fund, enterprise and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, financial covenants, extensive introductory material, and a detailed Statistical Section.
COUPON: (a) The annual rate of interest that a securities’ issuer promises to pay the bondholder on the bond’s face value. (b) A certificate attached to a bond evidencing interest due on a payment date.
CREDIT QUALITY: The measurement of either the bond issuer’s or security’s financial strength issued by nationally recognized rating agencies. Generally, the higher the credit quality of a bond issuer or security, the lower the interest rate paid by the issuer because the risk of default is lower. Issuers and certain securities can obtain short-term and long-term ratings.
CREDIT RISK: Investor’s risk that an issuer will default in the payment of interest and/or principal on a security.
CURRENT YIELD (CURRENT RETURN): A yield calculation determined by dividing the annual interest received on a security by the current market price of that security.
CURRENT EXPENSES: Expenses to meet known cash needs and anticipated cash-flow requirements for the short term.
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DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.
DEBENTURE: An unsecured bond or fixed income security backed only by the general full faith and credit of the issuer.
DELIVERY VERSUS PAYMENT: A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or his/her custodian or safekeeping institution. (Note: Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.)
DERIVATIVE SECURITIES: Financial instruments whose value depends on, or is derived from, the value of one or more underlying assets, interest rates, index or asset values. To meet industry suitability standards, investment in derivatives should require a higher level of Staff knowledge and due diligence. Not permitted by City Investment Policy at this time.
DISCOUNT: The amount by which the par value of a security exceeds the price paid for the security, excluding accrued interest.
DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills.
DIVERSIFICATION: A process of investing eligible City assets among a range of security types, with further protections of credit and interest rate risk by also setting maturity, and minimum rating requirements. Comparable to an individual portfolio’s objective to spread the risk via buying multiple types of fixed income and equity securities so as to minimize risk to meet their suitability level and objectives.
FAIR VALUE: The amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L’s, small business firms, students, farmers, farm cooperatives, and exporters.
FEDERAL DEPOSIT INSURANCE COPORATION (FDIC): A federal agency that insures bank deposits.
FEDERAL FUNDS RATE: The daily rate of interest at which funds are traded among banks through the Federal Reserve. The Federal Reserve, through open-market helps to influence interest rates.
FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks), which lend funds and provide corresponding banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing-related assets of its members who must purchase stock in their district Bank.
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FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA or Fannie Mae): FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal, private stockholder-owned corporation working under the auspices of the Department of Housing and Urban Development (HUD). It has traditionally been the largest single provider of residential mortgage funds in the United States. The corporation’s purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA’s securities traditionally have been highly liquid and widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. Recent housing market and securities issues have put some of this under review.
FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. Their policy actions help to set the daily Federal Funds and Discount Rates. Its Chairman traditionally plays a major role, as head of this independent entity, in the markets with his/her testimony, and increasingly global coordination with other overseas Foreign Heads of State and Central Banks.
FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and approximately 5,700 commercial banks that are members of the system.
FISCAL TRAUMA AND FEDERAL ACTIONS: Many exotic instruments resulted in an ever changing area of the investment market, recent economic trauma since the summer of 2008, and particularly related to certain types of securities, i.e., collateralized mortgage obligations (CMOs), structured investments, etc. Current macro economic reviews, SEC and congressional investigations are underway, as are ongoing significant newly-employed federal fiscal and monetary policies and Federal Reserve actions.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA OR Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. The FHA, VA or FmHA mortgages back Ginnie Mae securities. The term “pass-through” is often used to describe Ginnie Maes.
GOVERNMENT SPONSORED ENTITIES: Federal Government Sponsored Entities (GSE’s) are backed by each particular agency to various levels of support, subject to change by Federal Legislation, with a general market perception that there is an implicit government guarantee.
INTEREST RATE RISK: The risk associated with declines or rises in interest rates, which cause an investment in a fixed-income security to increase or decrease in value.
INTERNAL CONTROLS: A series of policies and procedures designed to ensure that the assets of the entity are protected from loss, theft, or misuse. Some key areas typically addressed can include the following points: 1. Control of collusion – Collusion is a situation where two or more employees are working in conjunction to defraud their employer. Page 16 | 27
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2. Separation of transaction authority from accounting and record keeping – By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. 3. Custodial safekeeping – Securities purchased from any bank or dealer including appropriate collateral (as defined by state law) shall be placed with an independent third party for custodial safekeeping. 4. Avoidance of physical delivery securities – Book-entry securities in the name of the City are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. 5. Clear delegation of authority to subordinate staff members – Subordinate staff members must have a clear understanding of their authority and responsibilities from the Finance Director so as to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities. 6. Written confirmation of transactions for investments and wire transfers – Due to the potential for error and improprieties arising from telephone and electronic transactions, all transactions should be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and if the safekeeping or custodial institution on behalf of the City has a list of authorized signatures. 7. Development of a wire transfer agreement with the lead bank and third-party custodian or safekeeping institution – The Finance Director, or other Finance Staff member authorized by the Finance Director, should ensure that an agreement will be entered into and will address the following points: controls, security provisions, and responsibilities of each party making and receiving wire transfers.
INVERTED YIELD CURVE: A graphic representation illustrating short-term securities having higher yields than long-term securities. This configuration has historically occurred during periods of high inflation, low levels of confidence in the economy and a restrictive monetary policy.
INVESTMENT COMPANY ACT OF 1940: Federal legislation which sets the standards by which investment companies, such as mutual funds, are regulated in the areas of advertising, promotion, performance reporting requirements, and securities valuations.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money markets, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from various governments or political subdivisions that are placed in custody for investment and reinvestment. LGIPs typically are governed by a board of either peer Government Investment Officers, or as with the SBA, a group of Elected Officials. Daily operations run by either LGIP staff or an outside Portfolio Manager providing assistance.
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MARK-TO-MARKET: The process whereby the book value or collateral value of a security is adjusted to reflect its current market value. Required as part of a City’s annual audit, and to be provided as part of the City’s quarterly reporting process.
MARKET RISK: The risk that a security’s value will rise or decline as a result of changes in market conditions.
MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.
MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase certain securities and sets forth each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer- lender to liquidate the underlying securities as Collateral in the event of default by the seller- borrower.
MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.
MONEY MARKET MUTUAL FUND: Mutual funds can invest in a wide range of investments, and for City investment purposes, Money Market Mutual Funds, upon review, typically invest solely in money market instruments (short-term debt instruments, such as Treasury bills, commercial paper, bankers’ acceptances, repos and federal funds) that are also permitted directly by the City’s Investment Policy.
MUTUAL FUND: An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940 and must abide by the following Securities and Exchange Commission (SEC) disclosure guidelines: 1. Report standardized performance calculations. 2. Disseminate timely and accurate information regarding the fund’s holdings, performance, management and general investment policy. 3. Have the fund’s investment policies and activities supervised by a board of trustees, which are independent of the adviser, administrator or other vendor of the fund. 4. Maintain the daily liquidity of the fund’s shares. 5. Value their portfolios on a daily basis. 6. Have all individuals who sell SEC-registered products licensed with a self-regulating organization. 7. Have an investment policy governed by a prospectus, which is updated and filed with the SEC annually.
NET ASSET VALUE: The market value of one share of an investment company, such as a mutual fund or local government investment pool. This figure is calculated by totaling a fund’s or LGIP’s assets which include securities, cash, and any accrued earnings, subtracting this from the fund’s liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund’s portfolio.
NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO): Moody’s, Standard & Poor’s (S&P) and FITCH IBCA are the three major national rating Page 18 | 27
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NO LOAD FUND: A mutual fund, which does not levy a sales charge on the purchase of its shares.
NOMINAL YIELD: The stated rate of interest that a bond pays its current owner, based on par value of the security. It is also known as the “coupon”, “coupon rate” or “interest rate.”
OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked.
OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are one of the Federal Reserve’s most important and flexible monetary policy tools.
PAR VALUE: Face value or principal value of a bond, typically $1,000 per bond.
POSITIVE (NORMAL) YIELD CURVE: A graphic representation illustrating short-term securities having lower yields than long-term securities. Typically seen as an indicator of inflationary expectations and a growth economy.
PREMIUM: The amount by which the price paid for a security exceeds the security’s par value.
PORTFOLIO: Collection of securities held by an investor.
PRIMARY DEALER: A group of government securities dealers who submit weekly reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker/dealers and commercial, banking organizations subject to official supervision by the U.S. Federal bank.
PRIME RATE: A preferred interest rate charged by commercial banks to their most creditworthy customers. Many interest rates for consumers such as Home Equity Lines are keyed to this rate.
PRINCIPAL: The face value or par value of a debt instrument. Also may refer to the amount of capital invested in a given security.
PROSPECTUS OR OFFICIAL STATEMENT: A legal document that must be provided to any prospective purchaser of a new securities offering registered with the SEC, or typically provided for SEC-exempt securities such as municipal bonds or notes. This can include information on the issuer, the issuer’s business, the proposed use of proceeds, the experience of the issuer’s management, credit ratings, proposed source of repayment of principal and interest, timing and frequency of payments, and certain certified financial statements. Page 19 | 27
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QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the City under a State Treasurer overseen program, some level of eligible collateral (levels vary on size of bank) and which has been approved by the Public Deposit Protection Commission to hold public deposits. Banks agree to severally and jointly support each others’ obligations for public deposits, with the responsibility to maintain confirmation of a QPD written letter confirming the level of investment and collateral assigned to the City.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized Yield To Maturity (“YTM”) on a bond or the current income return.
REINVESTMENT RISK: The risk that a fixed-income investor will be unable to reinvest income proceeds from a security in its Portfolio at the same rate of return currently generated by that holding.
REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers and banks have traditionally used RPs extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money that is increasing bank reserves.
SEC RULE 2A-7 OF THE INVESTMENT COMPANY ACT: Applies to all money market mutual funds. This mandates such funds to maintain certain minimal standards, including a 13- month maturity limit and a 90-day average maturity on investments, so as to help maintain a constant Net Asset Value (“NAV”) of one dollar ($1.00). Market refers to this as trading to maintain the buck or dollar.
SAFEKEEPING: A service to customers rendered by financial institutions for a fee whereby securities and valuables of all types and descriptions are held in the bank’s or Trust Departments, or Custodian for protection.
SECONDARY MARKET: A market made for the purchase and sale of outstanding issues and securities following the initial distribution.
SECURITIES & EXCHANGE COMMISSION (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation.
SEC RULE 15C3-1: See Uniform Net Capital Rule.
SHORT-TERM: A maximum of 6 months of operation.
STRUCTURED NOTES: Notes traditionally issued by U.S. Government Agencies, or Government Sponsored Enterprises (FHLB, FNMA, SLMA, etc.) and Corporations, which have imbedded options (e.g., call features, step-up coupons, floating rate coupons, derivative-based
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SURPLUS FUNDS: Any funds in any general or special account or fund of a unit of local government, or funds held by an independent trustee on behalf of a unit of local government, which in reasonable contemplation will not be immediately needed for the purposes intended.
SWAP: Trading one asset for another.
TOTAL RETURN: The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains.
TREASURY BILLS: Short-term U.S. government non-interest bearing discount securities with maturities of no longer than one year and issued in minimum denominations of $10,000. Auctions of three- and six-month bills are weekly, while auctions of one-year bills are monthly. The yields on these bills are monitored closely in the money markets for signs of interest rate trends.
TREASURY BONDS: Long-term U.S. government securities with maturities of ten years (or longer) and issued in minimum denominations of $1,000.
TREASURY NOTES: Intermediate U.S. government or agency debt securities with maturities of one to ten years and issued in denominations ranging from $1,000 to $1 million or more.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms, as well as nonmember broker/dealers in securities, maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Subject to review at Federal Level. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one-reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.
VOLATILITY: A degree of fluctuation in the price and valuation of securities.
“VOLATILITY RISK” RATING: A rating system to assist with identifying the level of volatility and other non-credit risks associated with securities and certain bond funds. The ratings for bond funds range from those that have extremely low sensitivity to changing market conditions and offer the greatest stability of the returns (“AAA” by S&P; “V-1” by Fitch) to those that are highly sensitive with currently identifiable market volatility risk (“CCC” by S&P, “V-10” by Fitch). Comparable to measures used to track volatility of equities and equity mutual funds.
WEIGHTED AVERAGE MATURITY (“WAM”): The average maturity of all the securities that comprise a portfolio. According to SEC Rule 2A-7, the WAM for SEC registered money market mutual funds may not exceed 90 days and no one security may have a maturity that exceeds 397 days.
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WHEN ISSUED (WI): A conditional transaction in which an authorized new security has not been issued. All “when issued” transactions are settled when the actual security is issued.
YIELD: The rate of annual income return on an investment, expressed as a percentage. Income yield is obtained by dividing the current dollar income by the current market price for the security.
YIELD –TO-CALL: The rate of return an investor earns from a bond assuming the bond is redeemed (called) prior to its nominal maturity date.
YIELD-TO-MATURITY (NET YIELD): The current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.
YIELD CURVE: A graphic representation depicting the relationship at a given point in time between yields and maturity for bonds or securities that are identical in every way except maturity.
ZERO-COUPON SECURITIES: Securities issued at a discount that make no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity.
DISCLAIMER
WHILE THIS APPENDIX OF GLOSSARY TERMS IS PROVIDED IN THE INTEREST OF BEING INFORMATIVE AND HELPFUL, PLEASE NOTE THAT THEY ARE SUBJECT TO CHANGE, DUE TO THE CONTINUING HIGH DEGREE AND FREQUENCY OF CHANGES IN THE MARKETS, FEDERAL EXECUTIVE BRANCH, REGULATORY BODY, FEDERAL RESERVE, SEC, AND ONGOING DIRECTIVES AND CHANGES. THE CITY WILL ENDEAVOR TO REVIEW THESE TERMS AND DEFINITIONS ON AN ONGOING ANNUAL BASIS.
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APPENDIX B
CITY OF DUNEDIN, FLORIDA
INVESTMENT PROCESS CONFLICT OF INTEREST POLICY FORM
Complete, sign and return this form directly to:
Finance Director City of Dunedin 750 Milwaukee Avenue Dunedin, Florida 34698
I have read a copy of the City of Dunedin’s Officers and Employees conflict-of-interest policy with respect to the City’s investment process, and have read and understand it. I understand that upon receipt and review the Finance Director will supply a copy of this executed Form to the City Manager and City Clerk.
I further affirm that:
1. I am in compliance with the aforementioned conflict-of-interest policy, and any questions that I may have had in regard to this Policy have been fully addressed to my satisfaction; 2. I will remain in compliance with the aforementioned conflict-of-interest policy; 3. I have reported any breach of the conflict-of-interest policy of which I am aware; and 4. I understand that it is my obligation to report any breaches of the conflict-of-interest policy of which I am aware either through the open door policy, directly to the Finance Director, or City Manager.