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TOWN COUNCIL MEETING AGENDA TUESDAY, APRIL 9, 2019, BEGINS AT 5:01 P.M. INDIAN SHORES MUNICIPAL CENTER, 4TH FLOOR I
PLEDGE OF ALLEGIANCE TO THE FLAG
ITEM# AGENDAITEM
1.0 Consideration of approving the Council Agenda for April 9, 2019.
2.0 Comments from the public on any Agenda Item.
3.0 Consideration of approving the “CONSENT AGENDA” as follows:
A. MINUTES: 1. Special Council — March 5, 2019 (Ref.: Pgs. 1-4) 2. Council Workshop — March 26, 2019 (Ref.: Pgs. 5-9) 3. Council Meeting — March 26, 2019 (Ref.: Pgs. 10-18)
B. RE-OCCURING EXPENSES: for March 2019 (Ref.: Pg. 19)
C. RECREATIONAL CLASS SCHEDULE CHANGE: 1. Consideration of a monthly Zumba Bash with instructor Kristie Baxter held every first Thursday of the month from 6:30 p.m — 8:00 p.m. during the May to September recreation schedule. (Ref.: Pg. 20)
4.0 Approval of Committee expenditures: None
5.0 Correspondence: None
PLEASE SILENCE ALL CELL PHONES PLEASE LIMIT PUBLIC COMMENTS TO 4 MINUTES
Patrick C. Soranno Diantha Schear Mike Hackerson Michael (Mike) PetrucceHi William F.(Bill)Smith Mayor Vice Mayor Councilor Councilor Councilor
Bonnie Dhonau E.D.Williams Susan 1. Scrogham Freddie G. Lozano Steve Tetlak Regina Kardash, Esq. Town Administrator Interim Chief of Police Director of Finance Town Clerk Building Official Town Attorney and Personnel Town Council Meeting Agenda April 9, 2019 Page 2
6.0 Town Attorney’s Report:
7.0 PUBLIC HEARING: SECOND READING OF PROPOSED ENACTING A NEW DIVISION ORDINANCE 2018-03.
AN ORDINANCE OF THE TOWN OF INDIAN SHORES, FLORIDA, ENACTING A NEW DIVISION 3.-ADMINISTRATION AND FINANCE COMMITTEE, UNDER ARTICLE III.- BOARDS, COMMITTEES, COMMISSIONS, OF CHAPTER 2- ADMINISTRATION, IN SUBPART A - GENERAL ORDINANCES OF THE TOWN OF INDIAN SHORES; PROVIDING FOR REPEAL OF ORDINANCES, RESOLUTIONS OR PARTS OF ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE TOWN OF INDIAN SHORES CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. (Ref.: Pgs. 21-23)
8.0 PUBLIC HEARING: SECOND READING OF PROPOSED LEAVE NO TRACE ORDINANCE 2018-04.
AN ORDINANCE OF THE TOWN OF INDIAN SHORES, FLORIDA, AMENDING PART II, CODE OF ORDINANCES, CHAPTER 34 - ENVIRONMENT, BY ADDING ARTICLE V.- LEAVE NO TRACE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE TOWN OF INDIAN SHORES CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. (Ref.: Pgs. 24-29)
9.0 PUBLIC HEARING: SECOND READING OF PROPOSED FIRE ORDINANCE 2019-01.
AN ORDINANCE OF THE TOWN OF INDIAN SHORES, FLORIDA, AMENDING SUBPART A - GENERAL ORDINANCES, CODE OF ORDINANCES, CHAPTER 38 - FIRE PROTECTION AND PREVENTION, BY REMOVING PROVISIONS ALLOWING FOR CONTAINED FIRES AND GRILLS ON THE BEACH; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE TOWN OF INDIAN SHORES CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. (Ref.: Pgs. 30-32) Town Council Meeting Agenda April 9, 2019 Page 3
10.0 PUBLIC HEARING: FIRST READING OF PROPOSED FLOODPLAIN ORDINANCE 2018-02.
AN ORDINANCE BY THE TOWN OF INDIAN SHORES, FLORIDA, AMENDING THE INDIAN SHORES CODE OF ORDINANCES TO REPEAL ARTICLES I AND II, CHAPTER 86 - FLOODS, OF SUBPART B THE LAND DEVELOPMENT CODE; TO ADOPT NEW ARTICLES I AND II REVISING THE FLOODPLAIN MANAGEMENT ORDINANCE TO INCORPORATE THE FEMA APPROVED MODEL ORDINANCE; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE TOWN OF INDIAN SHORES LAND DEVELOPMENT CODE; PROVIDING FOR CERTIFICATION BY THE TOWN COUNCIL THAT THIS ORDINANCE IS IN CONFORMANCE WITH THE TOWN’S COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. (Ref.: Pgs. 33-59)
11.0 PROCLAMATION: A proclamation designating the week of May 5 through May 11, 2019 as “Municipal Clerks Week.” (Ref.: Pgs. 60-61)
12.0 Town Engineer Robert H. Brotherton’s update on the National Pollution Discharge Elimination System (NPDES). (Ref.: Pgs. 62-68)
13.0 Consideration of the 2018 Annual Library Report presented by Alice Lawrence. (Ref.: Pg. 69)
14.0 Consideration of Ameriscape Proposal to Correct Drainage at Sand Castle. (Ref.: Pgs. 70-73)
15.0 Consideration of approval to enter an agreement with archiving service Smarsh to archive text messages on the Town’s cell phones. (Ref.: Pg. 74-87)
16.0 Report from the Building Official for March 2019. (Ref.: Pg. 88-89)
17.0 Report from the Town Administrator.
18.0 Consideration of approving the financial statement for period ending February 2019. (Ref.: Pgs. 90-93) Town Council Meeting Agenda April 9, 2019 Page 4
19.0 Police Activity Report. (Ref.: Pgs. 94-96)
20.0 Report from Fire Commissioner.
21.0 Citizens’ comments on any subject.
22.0 Mayor’s and Council Members’ comments on any subject.
FREDDIE LOZANO Town Clerk
Any person who decides to appeal any decision of the Town Council with respect to any matter considered at any such meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes that testimony and evidence upon which the appeal is to be based.
Any person with a disability requiring reasonable accommodation in order to participate in this meeting should contact the Town Clerk’s office with your request. Phone 727.595.4020, Fax 727.596.0050. 04/09/19 Town Bonnie
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He drove in a lot whose 15-minute unloading space and handicapped spaces were occupied. He parked his vehicle to the left of one of the handicapped spaces where there was a “No Parking” sign posted and he also made sure the vehicle would not cause an obstruction. He unloaded the items from his vehicle and dropped them off at the beach. Upon his return, a gentleman informed him he was ticketed by an officer even after informing the officer that Mr. Morrissey was only unloading his car. Mr. Morrissey thanked the gentleman and parked his vehicle at the public parking across the street. After stating his case to the officer involved and Chief Williams, he wondered why his ticket was not provided the same courtesy of being voided. He mentioned being informed that it is not unusual for parking tickets to be voided in Indian Shores.
He thanked Mayor Soranno, Councilor Petruccelli, and Town Staff for their help.
Chief Williams thanked Mr. Morrissey for his service. He stated there are many reasons why tickets could be voided such as mistakes of fact on the ticket, damaged or unissued tickets. He explained the ticket becomes a docket once it is entered in the system. There is nothing more he can do and that the ticket stands.
Attorney Kardash stated that the Council does not have the authority to dismiss any kind of ticket or citation.
Councilor Petruccelli asked if as many as ten parking tickets have been voided.
Chief Williams replied that there were seven or eight improperly issued handicapped citations that were voided.
Mr. Morrissey thanked the Council again for their time.
3.0 Consideration of Council approval to proceed with the hiring process for the Search Committee’s selected candidate, Mr. Richard H. Swann, Jr., for the Police Chief position.
Chief Williams named the Search Committee members being himself, Ms. Dhonau, Mrs. Scrogham, retired and former St. Pete Beach Police Chief Dave Romine, and resident and citizen member Neil Rode.
04/09/19 Town Council Meeting Agenda Packet Reference Page | 2 Special Town Council Meeting Minutes March 5, 2019 Page 3
After reviewing applications and conducting interviews, Mr. Richard Swann Jr., scored the highest out of all the applicants. Council was notified of the selection and were provided with Mr. Swann’s resume for review. Mr. Swann met with each Council member individually for a meet and greet.
Chief Williams highly recommended Mr. Swann. If Council approves, the next steps of the hiring process will be the background, physical, and behavioral assessments. If Mr. Swann passes assessments, then Mr. Swann would transition into the Police Chief position on March 24, 2019. Chief Williams will assist with the transition up to the first week of April.
Mayor Soranno asked if a salary has been settled.
Chief Williams replied that the high end of the advertised salary of $98,000 is an appropriate range and is what Mr. Swann requested. He mentioned that Mr. Swann would not need health insurance which would be a cost savings to the Town.
Mr. Swann stated he is willing to start at the advertised salary.
Mayor Soranno confirmed with Mr. Swann he did not need health insurance and Mr. Swann replied he did not.
Motion by Councilor Hackerson— seconded by Councilor Smith to accept Mr. Richard H. Swann, Jr., for the position of Police Chief at a starting salary of $98,000 and proceed with the hiring process.
Ms. Dhonau recommended to Council that they consider adding to the motion that the hiring is effective upon positive results of the physical and background checks to prevent having to come back to Council once the results are received.
Motion amended by Councilor Hackerson- seconded by Councilor Smith to accept Mr. Richard H. Swann, Jr. for the position of Police Chief at a starting salary of $98,000 and proceed with the hiring pending the assessment results.
Mr. Lozano polled the Council. All ayes. Motion carried 5-0.
Council congratulated Mr. Swann.
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4.0 Citizens’ comments on any subject.
Fire Commissioner Larry Schear, 19829 Gulf Blvd., reminded all of the upcoming election regarding the Pinellas Suncoast Fire Rescue District’s (PSFRD) referendum on the ballot. He urged all to vote and to join the after party at Crabby Bill’s.
5.0 Mayor’s and Council Members’ comments on any subject.
Councilor Hackerson had no additional comments. Councilor Petruccelli backed Mr. Schear’s comments and strongly recommended for all to vote.
Councilor Smith will be out of town and will miss the St. Patrick’s Day Festival.
Vice Mayor Schear reminded all of the St. Patrick’s Day Festival on Saturday, March 16, 11 a.m. — 4 p.m. The March 2019 Coastal Cleanup is on March 30, beginning at 8 a.m. Coffee, juice, and donuts will be served. Ten tickets remain for sale for the March 9 Fashion Show where there will be raffles and fashion from Stein Mart.
Mayor Soranno added to Councilor Petruccelli’s comment that PSFRD desperately needs the money. Response times are critical, and the Town has a fire department that responds quickly. He supports Fire Chief Mike Burton. He mentioned Mr. Swann is the right person at the right time. He is looking forward to Mr. Swann being sworn in as Police Chief.
The meeting adjourned at 2:33 p.m.
FREDDIE LOZANO Town Clerk
04/09/19 Town Council Meeting Agenda Packet Reference Page | 4 04/09/19
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Hillsborough also sent their ordinance directly to FEMA, but it was revoked. They are currently in the process of rewriting their ordinance.
She mentioned the meeting with SAFEbuilt regarding the Town’s Community Rating System (CRS) rating. The Town will lose CRS points if Ms. Quinn’s changes are implemented. The Town will also lose points if it does not have a revised and updated version of the flood ordinance in place before the CRS audit.
Ms. Dhonau mentioned that on FDEM’s website, one of the questions on their Frequently Asked Questions page is if adopting the model ordinance is required, and the answer is no. She had a telephone conversation with Collis Brown of FEMA, Atlanta regarding additional savings the Town could have by going from a CRS rating of 6 to a 5, and the answer was $105,000 per year for the Town residents. Mr. Brown mentioned that FEMA’s last Community Assistance Visit (CAV) in 2016 showed a few items remained open, one of which is the Town’s flood ordinance. She mentioned Ms. Quinn’s suggestion to include mobile homes in a Town that is in a special flood hazard area. Mr. Brown confirmed that the Town does not have to adhere to the model ordinance.
Attorney Kardash would like to determine the most reasonable way to move forward prior to making any changes to the ordinance.
She referred to Section 86-63 and 86-64 in Ms. Quinn’s draft regarding general standards and specific standards. These two sections are currently in the Town’s code. She does not think it would hurt the Town if they are rewritten so that they reflect proper amendments.
Mayor Soranno asked Mr. Tetlak for the Town’s current total points and what we need to do to get to a 5.
Ms. Dhonau did not think the points could be quantified since they were figured using the 2012 scoring system versus the 2017 manual which has a different scoring system.
Attorney Kardash reviewed the scoring system for the rest of the Council. Part of what is being looked at during the audit are those areas that could garner more points and areas that did not garner points but should have under the previous scoring system. She
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mentioned Section 110-322 regarding building height restrictions that may need amending if another foot of freeboard is added.
Mr. Brotherton would like to review the final Flood Insurance Rate Maps to see if there are any negative impacts from adding the extra foot of freeboard.
Attorney Kardash noted the SAFEbuilt consultant mentioned that additional points could be garnered for every year (for up to 15 years) added to the Town’s 10-year.
Ms. Dhonau interjected that one of the reasons for the workshop is to get direction from Council so that Attorney Kardash can rewrite the ordinance to a level that can be presented to Council in hopes for a for a second reading at the April 9 meeting. A second reading by April 9 positions the Town to be ready for the CRS audit which could happen within the next 90 days. With all of the information we have, she felt that we are at a point to present it to FEMA for approval with the knowledge that it does not comply strictly with the model and provide reasons why.
Attorney Kardash made everyone aware that it would go to April 9 for its first reading as it was tabled and was never approved the first time.
Ms. Dhonau proceeded to say then it would have to go through its first reading on April 9 and then schedule a Special Council meeting for its second reading.
Attorney Kardash touched on Division 7, Section 26-39 regarding variances and to have it reference Chapter 110 of the Town’s code on variances. The Town will not allow variances to the Town’s flood ordinance.
Conversation ensued on dry-proofing for commercial structures which would not gain CRS points but may help improve the owner’s insurance rates. It will also help satisfy the variance item on the model ordinance.
Mayor Soranno mentioned that this would be a plus for commercial properties if it is added to the ordinance.
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Ms. Dhonau mentioned that Mr. Brown told her one of the outstanding items from the 2016 CAV visit was to get a model ordinance that is in compliance or have a FEMAapproved ordinance. She added that the Town’s CR5 points may be at stake if the Town does not have a FEMA approved ordinance.
Councilor Hackerson commented that it is in the interest of the Town’s residents to have a EEMAapproved ordinance.
Attorney Kardash stated the ordinance should be drafted and tailored to a limited scope with regards to variances.
Attorney Kardash’s last point was adding the explicit prohibitions for RVs and mobile homes and the provision for no structural fill.
Mr. Erotherton would like to get a definition for the term “manufactured home.” He would like to see if modular homes are considered manufactured homes. Modular homes could meet all requirements of the Town’s building code. He does not want to limit the building of a home because it is built in a different manner.
Attorney Kardash will research the term’s definition.
Ms. Dhonau asked if the reference to Chapter 553.36 that Mr. Tetlak provided could be added in parenthesis.
Attorney Kardash replied that can be done or the statutory definition could be included in the ordinance.
Ms. Dhonau summarized her understanding that a consensus from Council was reached to move forward and have Attorney Kardash prepare the ordinance to have it ready for its first reading at the April 9 meeting. Once passed, then proceed with working towards raising even higher standards and find ways to garner more CRS points based on SAFEbuilt’s and Mr. Tetlak’s recommendations.
Consensus was reached by Council to have Attorney Katdash proceed with the changes.
Mayor Soranno asked if there was any sense where the Town would be under the new scoring system.
Mr. Tetlak stated we need 150 additional points to reach a 5 based on the old system.
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Ms. Dhonau added that one of the SAFEbuilt representatives didn’t understand why the Town is not already at a 5 because of the Town’s cumulative and freeboard.
Mayor Soranno acknowledged the work that the staff has put in to get the Town to a 5 which would result in a $105,000 savings for the Town’s residents per year.
Attorney Kardash will incorporate as many of Ms. Quinn’s recommended items into the ordinance that she feels will not endanger the Town’s CRS points.
Ms. Dhonau mentioned the consideration of purchasing the property at the corner that is for sale and designate it as a pocket park. It is at a repetitive loss area. The deed would state that the property is to remain a green space in perpetuity. If the Town is not already at a 5, this purchase could garner the additional points to get to 5.
Conversation ensued regarding pedestrian safety, the Town’s 70th Anniversary celebration, FDOT, post St. Patrick’s Festival observations, and Town activities for the Municipal 41h floor
Meeting adjourned at 4:47 p.m.
Freddie Lozano Town Clerk
04/09/19 Town Council Meeting Agenda Packet Reference Page | 9 04/09/19
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FDOT 2019
Page
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at
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a to | 11 Town Council Meeting Minutes March 26, 2019 Page 3
presentation for Forward Pinellas in May to get a motion and a vote from them to place the Town on FDOT’s priority list. 2. Email to Karen Seel, Barry Burton, and Brian Lowack regarding Gulf Boulevard Beautification Penny IV funding.
Mayor Soranno discussed the 2010-2020 Penny III allocation of approximately $4M for Gulf Boulevard Beautification. Of that, $1.3M was used for landscaping, the Town logo, Town signs, and the monument project. The 2020-2030 Penny IV funds may not be available due to the County’s undergrounding project for all of Gulf Boulevard. The Town has asked for $500K of the original $4M. The $500K has not been secured. Clearwater has asked for $750K of their $7M allocation. 3. Email from Andrew Squires regarding the Pinellas County Easement Acquisition Update.
Mayor Soranno had a conversation with Ashley Johnson, Senior Communications Coordinator for Pinellas County Marketing & Communications, regarding the number of easements they need based on the Erosion Control Line (ECL) running through the Town’s dunes. The next renourishment will occur in approximately 5-7 years. 7.0 Town Attorney’s Report:
Attorney Jackson, presented Attorney Kardash’s report mentioning that she is working on the floodplain issues. She also congratulated the unopposed Council Members and the newly sworn in police chief. Lastly, she gave thanks to Chief Williams.
8.0 PUBLIC HEARING: FIRST READING OF PROPOSED FIRE ORDINANCE ORDINANCE 2019-01.
AN ORDINANCE OF THE TOWN OF INDIAN SHORES, FLORIDA, AMENDING SUBPART A - GENERAL ORDINANCES, CODE OF ORDINANCES, CHAPTER 38 - FIRE PROTECTION AND PREVENTION, BY REMOVING PROVISIONS ALLOWING FOR CONTAINED FIRES AND GRILLS ON THE BEACH; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE TOWN OF INDIAN SHORES CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
04/09/19 Town Council Meeting Agenda Packet Reference Page | 12
04/09/19
Town
Page
11.0
10.0
9.0 4
Town Council
Council
during
undergrounding. Thank
intention
before trust
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Page
14.0
13.0
12.0 5 Town Council
Council
to
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Page
17.0
16.0
15.0 6 Town Council
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04/09/19
Town
Page
22.0
21.0
20.0
19.0
18.0 7
Town Council
Council
arrests
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a to | 16 Town Council Meeting Minutes March 26, 2019 Page 8
Chief Williams did not have an explanation. He did mention that the events leading up to the arrests may have occurred elsewhere, but due to the nature of the process, the arrests were made in Indian Shores.
Councilor Smith asked if there may have been multiple arrests for a single event.
Chief Williams replied that could be a possibility if Beach week and spring break is taken into consideration.
Councilor Petruccelli commented on the number of pedestrians on Gulf Boulevard. He asked if traffic enforcement can be increased.
Chief Williams replied that the education provided by the utilization of the electronic board is effective. He mentioned that the visual of traffic enforcement also has an impact when seen by others. He added there are officers committed to enforcing traffic.
Councilor Petruccelli personally thanked Chief Williams and his commitment to the Town. 23.0 Report from Fire Commissioner.
Mr. Schear noted three items: 1. He thanked everyone in the Town who voted for the passing of the Pinellas Suncoast Fire & Rescue District (PSFRD) referendum to help the Fire Department maintain the highest level of service and support. 2. He mentioned that many of the Town’s Commissioners are long-term Commissioners and are doing a great job. 3. The damaged fire truck is still in Wisconsin. It is on a list below other fire equipment from other locations that have a higher priority. 24.0 Citizens’ comments on any subject.
None. 25.0 Mayor’s and Council Members’ comments on any subject.
Councilor Hackerson emphasized what it took to get easements from certain properties for the renourishment. Some refused to do it resulting in receiving no renourisment. They are working with the County to get easements from all the properties westside of Gulf Boulevard. He added that it is imperative the Town gets all the easements in order to receive the
04/09/19 Town Council Meeting Agenda Packet Reference Page | 17 04/09/19 Town
Page
Town FREDDIE
Meeting 9 Council
Town
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Page to | 18 RE-OCCURRING EXPENDITURES AND APPROVED PROJECTS Based on Approval of Reolution 7-2008 on May 13, 2008 the following re-occuring & approved expenses have been paid and are listed below for the review of the Town Council. Date Paid Vendor Name Description Amount 3/5/2019 Bright House Networks Phones & Internet Service 1,258.88 3/5/2019 Labor Finders Public Services- Temp Workers 2,120.00 3/5/2019 Thompson, Sizemore, Gonzalez General Matters 01/01- 01/28 1,919.00 3/8/2019 Brotherton Engineering Plan Review Services 02/01- 02/28 2,840.00 3/8/2019 ICMA Retirement Trust 401A Payroll #12 03/07/2019 4,118.76 3/8/2019 Petty Cash Starting Cash for St. PatricWs Day 1,000.00 3/8/2019 Public Risk Mngmt. of FL Mar. 2019 Medical Premiums 17,709.72 3/8/2019 WEX Bank Feb. 2019 Fuel Charges 1,079.26 3/8/2019 Suntrust Bank Town MC Charges 2,170.87 3/25/2019 Home Depot PS Supplies/Maintenance 1,053.15 3/25/2019 ICMA Retirement Trust 401A Payroll #13 03/21/2019 4110.34 3/25/2019 Labor Finders Public Services- Temp Workers 1,166.00 3/25/2019 Preferred Govt Ins. Trust WC 04/2019 13,003.50 3125/2019 Tampa Bay Trane Monthly Contract- AAON Units 2,865.25
I I
04/09/19 Town Council Meeting Agenda Packet Reference Page | 19
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— September Page | 20 ORDINANCE 2018-03
AN ORDINANCE OF THE TOWN OF INI)IAN SHORES, FLORIDA, ENACTING A NEW DIVISION 3.-AI)MINISTRATION AND FINANCE COMMITTEE, UNDER ARTICLE III.- BOARDS, COMMITTEES, COMMISSIONS, Of CHAPTER 2- ADMINISTRATION, IN SUBPART A - GENERAL ORDINANCES Of THE TOWN OF INDIAN ShORES; PROVIDiNG FOR REPEAL OF ORDINANCES, RESOLUTIONS OR PARTS OF ORDINANCES ANI) RESOLUTIONS IN CONFLICT HEREWITh; PROVIDING FOR SEVERABILITY; PRO VI I)ING FOR INCLUSION IN TI-IE TOWN OF ENDIANSHORES CODE OF ORI)1NANCES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS. Resolution 7-86 of the ‘l’ownof Indian Shores established the Administrative and Finance Committee: and
WHEREAS. the Town Council delegated specilic responsibilities to the Administrative and Finance Committee; and
WHEREAS, the Town Council has since switched to a Town Administrator form of government to manage the day-to-day operations of the Town; and
WHJEREAS.the duties and responsibilities of the Town Administrator are set forth in Resolution 15-2014: and
WHEREAS. some of the duties of the Administrative and Finance Committee have been re—assignedto the Town Administrator: and
WhEREAS, the Town Council desires to review and ctaritv the composition and role of the Administrative and Finance Committee;
NOW. TI-IFREFORE BE IT ORDAINED BY TJIE TOWN COUNCIL OF THE TOWN OF INDIAN SIIORES. FLORIDA:
SECTION 1
That the foregoing findings are true and correct. and are hereby adopted as if fully set forth herein.
SECTION It
That a new DIVISION 3. — Administrative and Finance Committee be added under
ARTICLE III.- BOARI)S, COMMITTEES. COMMISSIONS, Chapter 2 — ADMINISTRATION of Subpart A- General Ordinances of the Town of Indian Shores, Florida, and is hereby enacted to read as follows:
Page 1 of 3 Indian Shores, FL Oridnance 2018-03 04/09/19 Town Council Meeting Agenda Packet Reference Page | 21 DIVISION 3. — Administrative and finance Committee
Sec. 2-114. Committee Members. The Town’s Administrative and Finance Committee shall be comprised of three members. including two citizens d one Council Member, all of which shall be appointed by the Town Council. The Council member shall servejp accordance with his or her term of office, and the citizen members shall serve for five years. Any Committee member may be replaced at any time, with or without cause, by an appropriate action of the Town Council. The Counci] Member shall serve as the Committee Chair, and the Committee shall appoint a Vice Chair to serve as the Chair in the event the Council Member is unavailable. Two alternate members shall he appointed as provided in Sec. 2-87.. but shalt not be eligible to serve as the Committee Chair.
Sec. 2-115. The Town Council hereby delegates the following powers and responsibilities to the Administrative and Finance Committee:
(1) Review annually theC P1W and any proposed mcit increasesfor all staff and employees, and make a recommendation to Council tarding the same prior to preparation of the Town’s budget.
(2) Review evey flvyears the cqppçption plans offered to staff and employees, and make a recommendation to Council regarding same.
(3) Act as the Charter Review Committee on a five yearvcle, and make recommendations to Council on any Charter revisions that should bput to a referendum.
(4) Assume other rcsppnsibHities as niav be assigned by the Town Council.
SECTION III
That all ordinances, resolutions, or parts of ordinances and tesolutions in conflict herewith are hereby repealed insofar as the same conflict with the provisions of this ordinance.
SECTION IV
That ifa court of competent jurisdiction Jinds any provisions of this ordinance to be invalid or unenforceable as a matter of law, the offending portion shall be stricken and all other provisions shall remain in full force and effect.
SECTION V
That the provisions of this ordinance shall be included and incorporated into the code of ordinances of the Town of Indian Shores, Florida, as an amendment thereto, and shall be renumbered to conform to the ciniform numbering system thereof as necessary.
Page 2 of 3 Indian Shores, FL Oridnance 2018-03 04/09/19 Town Council Meeting Agenda Packet Reference Page | 22 ______, ____.
SECTION VI
That this ordinance shall be in ftill force and affect immediately upon its passage. or in the manner provided by law.
FIRST READING this 12th day of September ,2018.
SECOND REAI)ING AND FINAL PASSAGE this day of 2019.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF INDIAN SHORES. FLORIDA. TillS day of - 2019.
ATTEST:
Patrick C. Soranno Ereddie Lozano Mayor Town Clerk
Approved as to form:
Regina A. Kardash. Esq. Town Attorney
Page 3 of 3 Indian Shores, FL Oridnance 2018-03 04/09/19 Town Council Meeting Agenda Packet Reference Page | 23 ORDINANCE 2018-04 AN ORDINANCE OF THE TOWN OF INDIAN SHORES, FLORIDA, AMENDING PART II, CODE OF ORDINANCES, ChAPTER 34- ENVIRONMENT, BY ADDING ARTICLE V.- LEAVE NO TRACE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN TIlE TOWN OF INDIAN SHORES CODE OF ORDINANCES; PROVII)ING FOR AN EFFECTIVE DATE.
WHEREAS. the Town of Indian Shores desires to provide its tesidents with a fair, consistent, clear and concise code; and
WHEREAS, the Florida Constitution provides for municipal home rule power and the charter of the Town of Indian Shores authorizes the Town Council to exercise any power for municipal purposes, except where prohibited by law; and
WHEREAS, the Town Council of the Town of Indian Shores desires to continue to protect marine turtles and provide for an environment that is conducive to marine turtle nesting and habitat protection; and
WhEREAS, the Town desires to keep the beach and pathways clear of unnecessary obstructions to ensure public access and safety on the beach; and
WHEREAS. the beaches of the Town oh’ Indian Shores are used and enjoyed by residents and visitors alike for vacationing, reet’eation, fishing. walking. water access and other traditional uses; and
WHEREAS, the Town desires to keep the beaches clean and free from potential hazards to people, animals, or the environment; and
WHEREAS, the Town Council finds that marine turtle protection and conservation of the Town’s natural environment advances the goals and objectives of the Town’s Comprehensive Plan; and
WHEREAS. the Florida Fish and Wildlii Commission (FWC) provides and the Town of Indian Shores recognizes that items left on the beach interfere with marine turtle nesting and hatchhings and pose a danger to the survival rate of the species; and
WHEREAS. the FWC further provides and the Town recognizes that fires on the beach could interfere with marine turtle nesting and hatchlings and prove to be detrimental to the species; and
Page 1 of 6 Indian Shores, FL Oridnance 2018-04 04/09/19 Town Council Meeting Agenda Packet Reference Page | 24 WI-JEREAS, the Town Council desires to continue to comply with updated standards for marine turtle protection in accordance with FWC guidelines and the “Marine Turtle Protection Act,” Florida Statutes 379.243 1; and
WHEREAS. the Town Council desires to adequately balance the interests of its residents in the full use and enjoyment of the beach and their beachfront residences while safeguarding nesting female marine turtles and their hatchlings. and the natural environment: and
WHEREAS. items of personal property left unattended on the beach constitute a public nuisance and pose a serious and immediate threat to marine turtles and the puhlic and
WHEREAS, the Town Council believes that regulating for the protection of marine turtles serves a significant pcthlic ititerest aimed at preserving the natural environment foi’the benefit of the public, visitors and tourists;
NOW, THEREFORE, BE IT ORDAINED BY TIlE TOWN COUNCIL OF THE TOWN OF INDIAN SI-lORIS:
SECTION 1
That the foregoing findings are true and correct, and are hereby adopted as if fully set forth herein.
SECTION II
That a new ARRT1CLE V. - LEAVE NO TRACE. is added to the Town of Indian
Shores, Florida, Town Code Chapter 34 — ENVIRONMENT, to read as follows:
ARTICLE V. - LEAVE NO TRACE
Sec. 34-1 19. - Purposc and title.
The purpose of this division is to ensure the pubhc beach and beach access areas are free from y obstruction by any item of personal_prQpcLtyin order to protect public ingress, egress and use of the public beach ote public safety, and to protect endangered sea turtles. This division may be referred to as the Leave No Trace Ordinance.’
Sec. 34-120. - Definitions.
Beach means the zone of unconsolidated materia] that extends landward from the mean low water line to either the pIacc where there is a marked change in material or physiographic form: the line of permanem vçgçtationwhich is usually the effective limit of storm waves; or constructed bulkheads or other coasta] protection structures.
Page 2 of 6 Indian Shores, FL Oridnance 2018-04 04/09/19 Town Council Meeting Agenda Packet Reference Page | 25 Bectch ctecess areas means those public beach ççe_points in Indian Shores, Florida, identified by appropriate signagçJpç1tdipg associated boardwalks, walkways, and dedicated parking areas, and the area on the public beach beginning at the entrance of the beach access point perpendicular with the applicable road right-of-v_ay_tphe water’s edge. Dune means a mound, bluff or ridge of loose sediment, usually sand-sized sediment, lying tandward of the beach and depos ypy natural or artificial_mechanisi ,which may be bare or covered with vegetation, and is sqject to_fluctuations in con Oguration_andlocation. In the absence of a discernible dune, the seaward boundary of a dune line of native vegetation.
Person includes a natural person and all artificial entities, such as. but not limited to, corporations limited habihy compgppaneiship limited paitneiships associations tiustees receivers, legal representatives and pjganizations. Personal prQperlv means all types of way of example and not limitation, tents (including tent framççn9pjes, cabanas, umbrellas and other shading devices, picnic tables, tiki huts, volleyball nets, tents, hammocks, beach chairs and other furniture, kayaks, canoes, catamarans, floats, sailboards, surfboards, kites, jet skis, sailboats, water cycles and other watercraft. Public_Beach meany beacharea,whetherpubliclyor privatelyowned,extendinginlandfromthe lineof mean k)wtkletothe line of vegetationborderingon the Gulf olMexico to whichthe publichas acquiredthe rightof useor easementto or overthe arc cscthtion, dedication, presumption,or has ietamedaijghtbyvnlueoLcontmuous ightin thcpubhc sincetime immtmoi al as tecognizedin law andcustom.
Sec. 34-i2L-Diggjpholes on beacl
holes dug on the beach are reuiied_o_dto be attended and shall beflfle4prior to leaving the pbiIc ch Sec. 34-122. - Obstrçjpfi_on the beach and beach access areas prohibited.
(a) It shall be unlawful for anjiperson to leave unattended on any portion of the_p_icjach located in Indian Shores..Florida from 10:00 p.m. until 6:00 a.rn. daily. except as otherwise permitted in this division. (Lh shall wf any person to leave an item ppersonal pQperty unattended at anytime within any pubHc beach access area located in lndan Shores. Florida. (ç)_jpyJej of personal property thatremain on the hcijfI_violatjqI of this Article shall cciirea nuisance and abandoned by the owner and shall be removed by the Indian Shores Police Department. Public Works staff or Code Enthreement officer. _y_personal_ppçy so removed shall be stored in an area desigpated by the Town. After 90 days of impoundment. the_Town may_dispose of any item(s) removed pursuanhito this section. The Town n Resolution, naan imppundment fee to be collected at the time any item(s) are retrieved from impoundment by the party claiming the iiciJ
Page 3 of 6 Indian Shores, FL Oridnance 20 18-04 04/09/19 Town Council Meeting Agenda Packet Reference Page | 26 (d) From 10:00 p.m. until 6]0 a.m. daily on the beach, items of personal property that are relocated_asclose to. but not on, the toe of the dune or native vegetation, or where there are no dunes or nativ_yçgçtation. are relocated ac1Q_as practicable to au existing permanent structure or the line of buildings, will not he consideted discarded by the owner, abandoned or a violation of this division, provided: (1) Such items shall not be placed on the dune or on native vegetation. fL Such items shall be stored in a neat and ordcrlv manner. L Such items shall not inhibit access to the public beach from the nearest public access areas, nor obstruct access on the public beach. nor impact native vegetation, nor significantly affect sea ttirtles.
(4) Private property owners may storc I ms under or adjacent to their private dune walkovers. hoardwalks. or permanent structure. LiJcms shall not he placed on any public beach access poip orwithin twçpty(2Q)feetof any public trash receptacle.
(e) Unattended items of personal property in violation of this division shall be removed from the public beach by any law enforcement ollicer. codeenforcement Works staff (f) Unattended or abandoned items of personal property, and unattended, unfilled holes on the beach are in violation of this division are a public nuisance. Sec. 34-123.-Exceptions.
The_prohibitionscontained herein do not apply to: i)_ Trash containers; ( Signs placed byagovemmenggçpcy LL Jcpis placed by persons acting under authority of the Chief of police, the Town Administrator, or other governmental_agency; (4) StructutesHncluding without limitation _walks, decks. and dune walkovers constructed appermitted by the Town çj’jjgji_SJores, Pinellas County or the State of Florida; Jpp1aceci on the beach by persons who have authorization ora permit to engage in marine twlle nesting research issued by the United States Fish and Witdlife Service or the State of Florida.
Sec. 34-124. - Permits.
(a) Peimits my_be issued by the Building Official ot theui designee for activities otheiwuse piohibited b’t this division foi sLichpenods o tini. and undci such conditions as the Building Official_deemsreasonablypppropriate_under the circumstances that are found to be necessary for: LL_RQnkl accommodation of persons with disabilities;
Page 4 of 6 Indian Shores, FL Oridnance 2018-04 04/09/19 Town Council Meeting Agenda Packet Reference Page | 27 ______
(2) Adjunct to a lawfully existing activity: (3) For the conduct ofa governmentaL civic or educational activity: (4) For the conduct of scientific research: (5) For special events: or (6) For a beach amusement, beach business. or beach service. kL There shall he no lee for obtaining this permit. Such permit shaHinclude the following: (1) Name and contact information of the owner or person in possession and control ofjhe item (2) Description of the item; 3j Locationoftheite (4) I)uration of time the item will remain in scich location: and (5) Acknowledgçpient that owner or person hpossession and control of the item will be liable for aiyjp acts to federally protected species.
(c) This division is not intended to authorize apyyiolation of f.S. sS379.2431, or any of the provisions of the Endangered Species Act. IçlJgpSores will not be liable for any impacts to federaijy protected species resultingjpm persons leaving items of personal t erty on the beach ands uch liability will rest with the owner of such item. Sec. 34-125. Fires Prohibited.
It shall be unlawful to sta maintain or otherwise ignite an open fire on the beach or sand within the lown of Indian Shores and as otherwise prohibited in Chapter 38 —FIRE PREVENTION AN[) PROTECTION.
SECTION III
That all ordinances or parts of ordinances in conflict herewith are hereby repealed insofar as the same conflict with the provisions of this ordinance.
SECTION IV
That ifa court of competent jurisdiction finds any provisions of this ordinance to be invalid or cinenforceable as a matter of law. the offending portion shall be stricken and all other provisions shall remain in full force and effect.
SECTION V
That the provisions of this ordinance shall be included and incorporated into the Land Development Code of the Code of Ordinances for the Town of Indian Shores, Florida. as an
Page 5 of 6 Indian Shores, FL Oridnance 2018-04 04/09/19 Town Council Meeting Agenda Packet Reference Page | 28 04/09/19
Town
Town
Approved Regina
Mayor
Patrick
PASSED
SHORES, SECOND
manner
FIRST
amendtient
as necessary.
Council
Attorney
A.
C.
That
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FLORIDA.
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this to
Meeting
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this AND
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3 Page | 31 ______
SECTION IV
That ifa court of competent jurisdiction finds any provisions of this ordinance to be invalid or unenforceable as a matter of law. the offending portion shall be stricken and all other provisions shalt remain in full force and effect.
SECTION V
That the provisions of this ordinance shall be included and incorporated into the Land Development Code of the Code of Ordinances for the Town of Indian Shores, Florida, as an amendment thereto, and shall be renumbered to conform to the uniform numbering system thereof as necessary.
SECTION VI
That this ordinance shalt be in full force and affect immediately upon its passage, or in the manner provided by law.
FIRST READING this 26th day of March ,2019.
SECOND REAI)ING AND FINAL PASSAGE this day of , 2019.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF TIlE TOWN OF INDIAN SHORES. FLORIDA. this day of 2019.
ATTEST:
Patrick C. Soranno Freddie Lozano Mayor Town Clerk
Approved as to form:
Regina A. Kardash, Esq. Town Attorney Page 3 of 3 Indian Shores, FL Oridnance 20 19-01 04/09/19 Town Council Meeting Agenda Packet Reference Page | 32 ORDINANCE NO. 2078-02
AN ORDINANCE BY THE TOWN OF INDIANSHORES, FLORIDA, AMENDINGTHE INDIAN SHORES CODE OF ORDINANCES TO REPEAL ARTICLES I AND II, CHAPTER 86 - FLOODS, OF SUBPART B THE LAND DEVELOPMENTCODE; TO ADOPT NEW ARTICLES IANDIIREVISINGTHE FLOODPLAINMANAGEMENTORDINANCETO INCORPORATE THE FEMA APPROVED MODEL ORDINANCE; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR,TO ADOPT PROCEDURES ANDCRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; PROVIDINGFOR APPLICABILITY;PROVIDINGFOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE TOWN OF INDIAN SHORES LAND DEVELOPMENT CODE; PROVIDING FOR CERTIFICATION BY THE TOWN COUNCIL THAT THIS ORDINANCE IS IN CONFORMANCE WITH THE TOWN’S COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166 — Municipalities, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of Indian Shores and such areas may be subject to periodic inundation which may result in loss of lifeand property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and
WHEREAS, the Indian Shores was accepted for participation in the National Flood Insurance Program on May 21, 1977, adopted a Floodplain Management Ordinance on September 1, 1993, and the Town Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and
WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local amendments to the Florida Building Code to implement the National Flood Insurance Program; and
WHEREAS, the Town Council of Indian Shores has historically maintained more stringent adopted requirements for buildings and structures within the Town, including to (a) require accumulation of costs of improvements, additions, and repairs of buildings, based on issued building permits, over a ten (10) year period; (b) increase the minimum elevation requirement for buildings and structures in flood hazard areas; (c) require all nonresidential buildings to comply with the elevation requirements; (d) require all buildings in flood hazard areas to comply with the requirements for coastal high hazard areas; (e) limitwindow area in walls enclosing areas under elevated buildings; and (f) limitpartitioning of and access to enclosed areas below elevated buildings; and, pursuant to section 553.73(5), F.S., is formatting these requirements to coordinate with the Florida BuildingCode; and 1 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 33 WHEREAS, the Town Council is adopting a requirement to require declarations of land restriction (“non-conversion agreements”) for enclosures below elevated buildings; and
WHEREAS, the Town Council has determined that it is in the public interest to adopt more stringent technical amendments to the Florida Building Code and the proposed amendments do not discriminate against materials, products or construction techniques of demonstrated capabilities, are in compliance with section 553.73(5), Florida Statutes; and
WHEREAS, the Town updated and adopted revisions to its Comprehensive Plan on June 12, 2018, in accordance with Chapter 163, Florida Statues, which included addressing floodplains and flood hazard areas within the Town; and
WHEREAS, the Town desires to maintain its more restrictive standards given the nature of the Town’s coastal location and designations as a Special Flood Hazard Area; and
WHEREAS, the Council believes these standards are in the best interests for the health, safety, and welfare of its citizens, residents, and guests of the Town; and
WHEREAS, the Indian Shores Town Council has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Indian Shores, Florida that the followingfloodplain management regulations are hereby adopted.
SECTION 1. RECITALS.
The foregoing whereas clauses are incorporated herein by reference and made a part hereof.
SECTION 2. REPEAL AND REPLACE
The provisions of this ordinance specifically repeal and replace the followingordinance(s) and
regulation(s): ARTICLES I and II,Chapter 86- Floods, Subpart B Land Development Code;
New ARTICLES I and IIare hereby enacted, and shall henceforth read as follows:
ARTICLE I.- ADMINISTRATION AND DEFINITIONS
Division 7. GENERALLY
86-7 Title. These regulations shall be known as the Floodplain Management Ordinance of Indian Shores, hereinafter referred to as “this chapter.”
86-2 Scope. The provisions of this ordinance shall apply to all development that is whollywithin or partially withinany flood hazard area, including but not limitedto the subdivision of land; filling, grading, and other site improvements and utilityinstallations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolitionof buildings,structures, and facilitiesthat are exempt from the Florida Building Code; placement, installation, or replacement of tanks; placement of recreational vehicles; installationofswimming pools; and any other development.
86-3 Intent. The purposes of this chapter and the flood load and flood resistant construction 2 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 34 requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (1) Minimizeunnecessary disruption of commerce, access and public service during times of flooding;
(2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (3) Manage filling,grading, dredging, mining, paving, excavation, drillingoperations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (5) Minimizedamage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.
86-4 Coordination with the Florida Building Code. This chapter is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code.
86-5 Warning. The degree of flood protection required by this ordinance and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientificand engineering considerations. Larger floods can and willoccur. Flood heights may be increased by man-made or natural causes. This chapter does not implythat land outside of mapped special flood hazard areas, or that uses permitted withinsuch flood hazard areas, willbe free from floodingor flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this chapter.
86-6 Disclaimer of Liability. This chapter shall not create liabilityon the part of Town Council of Indian Shores or by any officeror employee thereof for any flood damage that results from reliance on this chapter or any administrative decision lawfullymade thereunder.
Division 2 APPLICABILITY
86-7 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
3 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 35 86-8 Areas to which this chapter applies. This chapter shall apply to all flood hazard areas within the Town of Indian Shores as established in Section 86-9 of this section.
86-9. Basis for establishing flood hazard areas. The Flood Insurance Study for Pinellas County, FL dated August 18, 2009 and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the Pinellas County Building and Development Review Services, 310 Court Street, Clearwater, Florida 33756
86-10. Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Division 5 of this ordinance the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: (1) Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this ordinance and, as applicable, the requirements of the Florida Building Code. (2) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area.
86-11. Other laws. The provisions of this ordinance shall not be deemed to nullifyany provisions of local, state or federal law.
86-12. Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limitedto land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this ordinance and any other ordinance, the more restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this ordinance.
86-13. Interpretation. In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberallyconstrued in favor of the governing body; and (3) Deemed neither to limitnor repeal any other powers granted under state statutes.
DIVISION 3 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
86-74. Designation. The Town Building Official is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees.
86-15. General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to 4 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 36 render interpretations of this ordinance consistent with the intent and purpose of this ordinance and may establish policies and procedures in order to clarifythe application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this ordinance without the granting of a variance pursuant to Division7 of this article.
86-16. Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall: (1) Review applications and plans to determine whether proposed new development willbe located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this ordinance; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; (6) Review applications to determine whether proposed development willbe reasonably safe from flooding; (7) Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this ordinance is demonstrated, or disapprove the same in the event of noncompliance; and (8) Any individualwho was delegated duties by the Flood Plain Administrator shall coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this ordinance.
86-17. Substantial improvement and substantial damage determinations and calculations. All improvements, modifications, and/or additions to all existing structures shall be calculated cumulatively for ten years from the date of the initial issue date of the permit. Additionally, all reconstruction and/or repairs to a damaged structure shall be calculated cumulatively for ten years from the date of the initialpermit date. (1) Substantial improvement. Any combination of repairs, reconstruction, rehabilitation, addition or other improvement of a structure taking place during a ten year period, the cost of which equals or exceeds 50 percent of the market value of the building before the “start of construction,” or any addition, combination or accumulation of additions which increases the floor area of a structure by 50 percent regardless of cost or value. This includes structures that have incurred “substantial damage”. Regardless of the actual repair work performed: a. For the purposes of this section, the costs of improvements for a project shall be obtained from one of the followingsources:
5 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 37 1. Detailed cost estimate from the licensed general contractor of record in the form of a cost itemization affidavit; or 2. Professional construction estimation software, such as Marshall and Swift, or the Federal Emergency Management Agency’s (FEMA) substantial damage estimation program FEMA P-758. b. For the purposes of this section, the market value shall be established by the property appraisals used for tax assessment purposes with an adjustment recommended by the Pinellas County Property Appraiser to reflect market conditions (adjusted assessed value). c. For structures in which the substantial improvement percentage is greater than or equal to 40 percent, a more precise market value may be required. (2) Substantial damage. Damage to a structure of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition which equals or exceeds 50 percent of the market value of the structure before the damage occurred. a. Cost to repair a structure shall be calculated for full repair to the building before damage condition, even when the owner elects not to restore the building to its prior state. Cost to repair shall also include the cost of any improvement that the owner has opted to include during the repair project. For the purposes of this section, the cost to repair shall be obtained from one of the following objective third party sources: 1. A licensed general contractor; 2. Professional construction estimation software, such as Marshall and Swift or the Federal Emergency Management Agency’s (FEMA) substantial damage estimation program FEMA P-758;
b. Market value shall be calculated as set forth in subsection (1)b., above. c. For structures in which the substantial damage percentage is greater than or equal to 40 percent, a more precise market value may be required. (3) Tracking of substantial improvement and substantial damage, repairs and additions to existing structures. Improvement value divided by market value equals percent improvement. Percent improvement accumulates over life of building. When during the ten-year period; the cost equals or exceeds 50 percent; building must be brought into conformance with the flood damage prevention requirements of this ordinance. Example:
$20,000.00/si 00,000.00 = 20 percent improvement in 1990
$1 0,000.00/$1 20,000.00 = 8 percent improvement in 1991
$28,600.00/si 30,000.00 = 22 percent improvement in 1999
Cumulative improvement from 1990 to 1999 = 50 percent of building value and building must be brought into conformance. 86-7 8. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that
6 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 38 seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to the Chapter 110 of the Indian Shores Land Development Code.
86-7 9. Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this ordinance.
86-20. Inspections. The Floodplain Administrator shall make the required inspections as specified in Division 6 of this article for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit.
86-21. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limitedto: (1) Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 86-17; (2) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMAthe data and information necessary to maintain the Flood Insurance Rate Maps ifthe analyses propose to change base flood elevations, or flood hazard area boundaries; such submissions shall be made within 6 months of such data becoming available; (3) Review required design certifications and documentation of elevations specified by this ordinance and the Florida Building Code to determine that such certifications and documentations are complete; (4) Notify the Federal Emergency Management Agency when the corporate boundaries of Indian Shores are modified; and (5) Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on Flood Insurance Rate Maps as “Coastal Barrier Resource System Areas” and “Otherwise Protected Areas.”
86-22. Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this ordinance; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken 7 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 39 04/09/19
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or a Page | 40 86-26. Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writingon a form furnished by the community. The information provided shall: (1) Identify and describe the development to be covered by the permit or approval. (2) Describe the land on which the proposed development is to be conducted by legal description, Street address or similar description that will readily identify and definitively locate the site. (3) Indicate the use and occupancy for which the proposed development is intended. (4) Be accompanied by a site plan or construction documents as specified in Division5 of this ordinance. (5) State the valuation of the proposed work. (6) Be signed by the applicant or the applicant’s authorized agent. (7) Any permit for enclosure of the ground floor shall require a Declaration of Land Restriction (non-conversion Agreement), recorded in the Public Records of Pinellas County. (8) Give such other data and information as required by the Floodplain Administrator.
86-27. Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any violation of this ordinance, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions.
86-28. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writingand justifiable cause shall be demonstrated.
86-29. Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval ifthe permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this ordinance or any other ordinance, regulation or requirement of this community.
86-30. Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable county, state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (1) The South West Florida Water Management District;section 373.036, F.S. (2) Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, RS. and Chapter 64E-6, F.A.C., and Pinellas Count water, wastewater or reclaimed water permits as applicable. (3) Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal 9 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 41 construction control line; section 161.141, F.S. (4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. (5) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. (6) Federal permits and approvals.
(7) Pinellas County Navigation Control Authority for docks and work in the Intra-coastal waterway.
DIVISION5 SITE PLANS AND CONSTRUCTION DOCUMENTS
86-37. Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this ordinance shall be drawn to scale and shall include, as applicable to the proposed development: (1) Delineation of flood hazard areas, flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. (2) Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide and landward of the Coastal Construction Control Line. (3) Location, extent, amount, and proposed final grades of any filling,grading, or excavation.
(4) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fillareas are the minimum necessary to achieve the intended purpose. (5) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, ifapplicable. (6) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection.
The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this ordinance but that are not required to be prepared by a licensed and registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this ordinance.
86-32. Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the followinganalyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents:
(1) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V and AE), an engineering analysis that demonstrates that the proposed 10 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 42 04/09/19
Town
Chapter
86-40. appeals 86-39. the
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27
to to Page | 43 86-41. Limitations on authority to grant variances. The Board of Adjustment shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 86-44 of this ordinance, the conditions of issuance set forth in Section 86-45 of this ordinance, and the comments and recommendations of the Floodplain Administrator and the BuildingOfficial. The Board of Adjustment has the right to attach such conditions as it deems necessary to further the purposes and objectives of this ordinance.
86-42. Historic Buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building,Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation willnot preclude the building’s continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. Ifthe proposed work precludes the building’s continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code.
66-43. Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this ordinance, provided the variance meets the requirements of Section 86- 44, 86-45 and Chapter 110, is the minimum necessary considering the flood hazard, and all due consideration has been given to the use of methods and materials that minimize flood damage during occurrence of the base flood.
86-44. Considerations for issuance of variances. In reviewing requests for variances, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this ordinance, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the community; (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (6) The compatibility of the proposed development with existing and anticipated development; (7) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, ifapplicable, expected at the site; and (10) The costs of providing governmental services during and after flood conditions including 12 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 44 maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.
86-45. Conditions for issuance of variances. Variances shall be issued only upon: (1) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limitcompliance with any provision of this ordinance or the required elevation standards; (2) Determination by the Board of Adjustment that: (a) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; (b) The granting of a variance willnot result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflictwith existing local laws and ordinances; and (c) The variance is the minimum necessary, considering the flood hazard, to afford relief;
(3) Receipt of a signed statement by the applicant that the variance, ifgranted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and (4) Ifthe request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance willbe commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the base flood elevation increases risks to life and property.
DIVISION 8 VIOLATIONS
86-46. Violations. Any development that is not withinthe scope of the Florida Building Code but that is regulated by this ordinance that is pertormed without an issued permit, that is in conflict with an issued permit, or that does not fullycomply withthis ordinance, shall be deemed a violation of this ordinance. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this ordinance or the Florida Building Code is presumed to be a violation until such time as that documentation is provided.
86-47. Authority. For development that is not withinthe scope of the Florida Building Code but that is regulated by this ordinance and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner’s agent, or to the person or persons performing the work.
13 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 45 86-48. Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law, including but not limited to, Section 1-16 of the Town of Indian Shores Code of Ordinances, or under applicable Florida Statutes.
DIVISION 9 DEFINITIONS
86-49. Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown in this section.
86-50. Terms defined in the Florida Building Code. Where terms are not defined in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code.
86-57. Terms not defined. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies.
86-52. Definitions.
Appeal. A request for a review of the Floodplain Administrator’s interpretation of any provision of this ordinance.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the “100-year flood” or the “1-percent-annual chance flood.”
Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 202.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 202; see “Basement (forflood loads)”.]
Coastal construction control line. The line established by the State of Florida pursuant to section 161.053, F.S., and recorded in the official records of the community, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as “high hazard areas subject to high velocity wave action” or “VZones” and are designated on Flood Insurance Rate Maps (FIRM)as Zone V1-V30, yE, V, orAE.
14 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 46 04/09/19
Town
cosmetic
prolonged construction”
carrying
Flood normally
Flood
Existing storage development
Federal
hazard operations the
Encroachment. limited designated
as
shall
Development. building’s
Design
elevated
Design
to
is provided
combination
FBC,
Records Floodplain
Declaration
Costs
inconsistent
Zone
pre-damage
(1)
(2)
datum
(1)
(2) be
Council
B,
damage-resistant
or
The of
The
to,
Area
areas. otherwise Area
of
flood.
flood
taken
out
Section
AO,
dry Emergency
of
buildings.
repair.
building in
improvements
perimeter
flooding.
specified
equipment
buildings
contact
or
Administrator
the
overflow as
unusual
Section
other
land
with
the
commenced
into
of
designated
any of
Meeting
as
elevation.
Zone
The
Clerk
with
Any
all
condition
202.]
design
Land
a
from:
a being
legally
functions,
other
The
and
flood
floodplain
with
flood
improvement
on
86-17(2).
and
plus
AO
the
man-made
of
or
of
or
A
Management
the
inland
placement
Courts,
existing
Agenda equal
other
Restriction
land
flood
where
floodwaters general
materials,
rapid hazard designated. terms
the
to
associated
materials.
as
or
community’s
before
The
regardless
be
administers
repairs.
disturbing
depth
a
subject
to
or
structures,
elevation
accumulation
signed
elevation
the for
of
flood
change
area
2 tidal
Packet
structure.
and
May
costs
feet.
the
the
of
mining,
depth
number
Any
with
Agency
(Nonconversion
without
which
waters. The
to
fill,
temporary
hazard
by
21,
owner
building
of
activities.
legally
shall
[Also
a
and
to
the
the
construction of
the
tanks,
number
cost
excavation,
how
1-percent
1971.
improved
dredging,
may
(in
the
or
Any
National
owner
all
be
to
greater
sustaining
defined
(FEMA).
area
designated
of
feet)
runoff
permit much
agree
“design
the
costs
impede
temporary
all
buildings
condition
is
and
improvements,
on
specified
elevation
or
not
or
filling,
of
Flood
of
in
material
not
repair
buildings,
to
and
greater
unimproved Agreement).
the the
flood,”
surface
specified
FBC,
recorded
The
or
any
to
repair.
flood
and
alter
of these
following
grading,
Insurance structures,
community’s
convert
an
federal
on
of
damage
B,
partial
capable
chance
including
hazard
structures
the
waters
the
the
Section
owner
permanent
on
on
Costs
regulations,
the
flow
real
highest
or
paving,
flood
the
the
two
agency
or
Program.
of
modify
map.
of
costs
that
A
from
temporary
capacity
elects
estate,
complete
property
wave
map, may
202.]
flooding
withstanding
areas:
flood
form
for
hazard
existing
requires
any
excavations,
to
In
structures
that,
which
in
be
the
enclosures
height,
areas
to
repair
including provided
hazard
any
source.
[Also
of
deed
in established
map.
depth
or
perform,
in
inundation
riverine
any
grade the
Reference manner
designated
addition
more
permanent
all
direct
relative
defined
in
or
In
map,
year;
“start damage
15
number
but
Official
drilling
by
below
areas
of
other
flood
of
than
or
and
that
the
not
the
27
or
as
to
of
of
to
or
in a Page | 47 Flood hazard area. The greater of the following two areas:
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community.
Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data.
Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this ordinance.
Floodplain development permit or approval. An officialdocument or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this ordinance.
Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings.
Letter of Map Change (LOMC). An officialdetermination issued by FEMAthat amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. 16 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 48 04/09/19
Town
structure
event,
separate construction” vehicle”
improvements
Repetitive construction attached permanent,
or
willing
New
Manufactured buildings
provided Market
knowledge
basement,
Building
is usable
Lowest and
Gross
Light-duty
not
more
(3)
(2)
(1)
which construction.
Council
built
on
Vehicular
seller,
solely
Available
vehicle,
persons;
Designed
A
Designed a fill
Study;
Revision Conditional of
requirements
located
management
Letter
value.
or
floor.
Code
to
before in
occasions
in
and
the
proposed
CLOMR
land
so
must
“park has
the
but
Section
of
Loss
integral
truck.
width
as
requirements
for
average,
structures,
neither
of commenced
Meeting
to
relevant or
upon
has
The
a
The
required
home.
within
excluding
or
to
the
have
Map
Weight
trailer.”
or
may
vehicle
basic
such
with
ASCE
primarily
Property.
primarily
and
render
does
As
been
Letter
lowest
chassis
86-17.
damage
price
during
flood
submission
For
for
regulations. Revision
be
party
special been the
defined
structures.
vehicle
equals
A
greater facts.
Agenda
24.
utilities.
the
Rating
elevated
parking,
not
such
issued
excluding
the
structure,
of
at
special
protection
any
floor
for
a
for
being
permitted
on
and
of
Map
purposes which
revise
occurred.
structure
10-year
features
Flood-related
purposes projects
frontal
or
Based
As
in
unfinished
the
transportation
or
than
or
by
of
and
is The
Packet
Revision
exceeds building flood
40
by
under
less
designed
used
the
a
after the
FEMA
the
transportable
Florida
fill
approval
C.F.R.
four
property
project
term
period
area
on
and
enabling
of
in
which
lowest
land hazard
with
above
effective
in
of
compulsion violation
Fill
administration
access
to
(CLOMR):
hundred or
twenty-five
placed
September
“manufactured
of
transportation
this
and
respect
Building
for
(LOMR-F):
86.082-2,
damage
for
revise
or
flood-resistant
has
45
the
enclosed
of
of
will
area.
use
off-street
chapter,
which
other
other
square
certified
Flood
persons
a
or
of
base
in
in
change
the
vehicular
with
(400)
the
one
to
limited
accordance
to
In
A
sustained Code,
improvements percent
project
the
any
delineation
flood
1, effective
formal
order
Insurance
non-elevation
area
feet
of buy
A
or
or
the
or
as-built
of
home”
square
determination
cost
and
1993
this
hands
without
storage
more
motor
off-highway
or
or property
elevation
enclosure,
structures
term
curb
of
to
complies
review
(25%)
ordinance
of less,
has
sell
a
qualify
FIRM.
by
and
does
with
sections,
documentation,
between
repairs
vehicle
building weight
feet,
Rate
a of
refers
provided
and
a
a
which
permanent
on
of
special
and
or
the
requirements
includes
structure and
capacity
not
for
the
and
the
with
other operation
Map
for
is
both
that
of
to
at
comment
community’s
and
rated
include
this
is,
or
a
which
is:
a
market
6,000
parcel,
the
the
which
which
derivation
a that
flood
willing
the
therefore,
or
structure,
having
the than
determination,
structure
of
any
foundation
time
on
at
Flood
market
such
is
a
minimum
a
pounds
flood
and
more
8,500
hazard
valued
calculated
the
Letter
as
two
is
of
eight
a
“recreational
buyer subsequent
Reference
of
reasonable
the
basement,
built
to
use.
enclosure
Insurance
floodplain
of
the
no
including
resistant
“start
or or
value
than whether
17
pounds
(8)
Florida
of
such
or
areas.
longer
of
and
parcel
when
more
flood
on
of
NFIP
Map
feet
less
the
the
27
as
12
of
of
a
a a Page | 49 04/09/19
Town
facilities
86-61. Structures
of
in
Florida substantial
of
beginning
Section or foundations,
improvement Substantial of
repair percent dimensions ceiling, filling),
Substantial substantial
garages building
actual
addition, Al flooding
installation improvements, Start Special
beach.
Sand
substantial
which
accordance
repair
restoring
-A30,
(2) (1)
Council
of
work
dunes.
to
start
continued Any Any
safety
floor
Permanent
the
that
202.]
Design
of
Building
equals
flood
(including
AE,
in
is
or construction.
placement,
assure
exempt
the
from
damage,
started.
of
alteration improvement,
any
project installation
of
the
are
sheds
performed.
or
of
damage.
improvement.
the
A99,
damage
of
code piles,
Meeting
market the
Naturally
hazard
other
with
construction
or
exempt
provided
building
given
a
and
the
safe
erection
designation
building
exceeds
Code.
building.
AH,
from
a
violations
construction
for
not
the
the
For
any
structural
manufactured
date or
ARTICLE
construction of
of
value
living
year.
Damage
area.
improvement
Vi of
Agenda
construction
occupied
from
a
the
other
each
such The
flood
The
or
DIVISION
occurring
repairs
-V30,
historic the
the
of
Pursuant
streets
or
the
50
structure
conditions.
of
Florida
An
the
temporary
Any
means
identified
term
structure
Special
date
buildings,
as
building actual
actual percent
improvement
load
the
part
permit
of
VE
II.-
area
does
are Florida
Packet
a
structure
combination
as
any
building or
does
historic
accumulations
of
of
FLOOD
1
or
home)
Building
and
to
considered
of
of
of
“start
either
to
BUILDINGS
start
walkways,
dwelling
in
flood
a
issuance
not
V.
of
origin
or
by taking
Section
application
columns.
a
buildings,
structures
building,
the
Building its
forms
the
flood
not,
structure,
building
the
include
structure.
of
of
before-damaged
on
or
provided
hazard floodplain
the
RESISTANT
is
market
sustained
Code
building
construction”
however,
structure
place
construction,
a
within
of
or
resistant
units
86-25
first
of
substantial
site,
Code,
whether
excavation
repair,
the
and
land
required
AND
of
that
permits
structures
the
is
areas
value
during
the
or
placement
such
180
sand
installation
official
of
facilities, subject
received.
by
including
preparation
before
are
10-year
include
not
alteration
STRUCTURES
construction
reconstruction,
this
or
DEVELOPMENT
a
of
days
are
as
a
to
for
means in
building
not
improvement
not
repair,
the
part
condition
and
10—year for
ordinance,
correct
the
to
ridges
the
shown
new
shall
and
of
walled
that
period
structure
either:
substantial
of
a
a
that
If
of
of
pouring
will
the
damage
1
the
basement,
(such
the
permanent
reconstruction,
or
alteration
accessory
the
construction
facilities
be
percent
or
are
requirements
existing
not
period,
on
date
would
structure
first
and
is
[Also
designed
structure
buildings,
rehabilitation,
mounds
main
the
calculated
before
FIRMs
preclude
regardless
as
of
occurred.
improvement
alteration
of
roofed
clearing,
minimum or
slab
equal
the
defined
health, affects
the
exempt
buildings.
footings,
buildings
greater
construction
whereby
the
as
and
cumulative
landward
and
or
structures, issuance.
has
the
buildings
of
or
rehabilitation,
improvement
retroactively,
Zone
footings, of
Reference
the
constructed
of
sanitary,
in
grading,
addition
substantial
ASCE
exceed
structure’s
necessary
the
sustained
from chance
any
piers,
or
FBC,
external
such
the
18
A,
actual
repair
of
For
of
shall
wall,
cost
cost
of
and
The
the AO,
24.
the
the
27
50
as
or
B,
or
or
or
of
a a Page | 50 04/09/19
Town
86-63.
86-62.
comply
(c)
(b)
(a)
(2) (1) Council
—
anchored and
either
R322.3.3
Modify
determined
designated subject
R322.3.2 designated
Modify in designed
R322.2.1
Modify The
Indian R322.2
beyond
or
No
with
Buildings
Florida
flood
seaward
b. new
a.
Coastal
the
of 2.
6.
5. 4. 3.
landscaping Zones,
columns, plus
members
1.
Town
the
free
Walls
All
The
parking
Meeting Basement
Minor
Buildings
Section
Section
Section
Shores
Sewer,
New
requirements Flood
the
to
requirements
construction
hazard
4
Foundations.
to through
Elevation
Building
new and
of
shall
feet
wave
use
and
as
shall
coastal
to
of
as
such
A
local
and
obstruction
grading,
grade
supporting
constructed
the
Zones
construction Coastal
slabs, be
hazard
water
R322.3.3
flood
R322.3.2 1
of
R322.2
are
not structures
Agenda
areas
and
and
foot
be
partitions
floors
heights
pilings
transportation
fill
prone
R322.2.3.
coastal
Code,
permit,
construction
designated
elevated
beams requirements.
for
structures
for
or
pool
or
shall
hazard
of
(305
of and
areas
A
shall
of
that
utility
structural
substantial
Sections
Buildings
to
drainage
or,
or
Division
Zones.
of of
Packet
the
the
betweon
construction
the
decks,
Residential.
be
mm) in
support
enclosing
flooding
columns.
within
the
the
seaward
and
if
are
be
accordance
(including
lowest
so
areas.
line
enclosed
Florida
supported
placement
Florida
Florida
erected
or
below
designed
bracing,
corridors
All that
coastal
control
7
patios
R322.3.4
the
extension
support
purposes
and
the
of
or
building
improvement
11/2
but
floor,
the
Flood
this The
areas
Building
of
Town
finance
design
structures grade
control
Building
Building
with
within
line,such
not
the
and
on
bottom
A
is
ordinance.
high
foot
of
space
with
or
with
is
and
Zones).
elevated
and
hazard
below
minor
pilings
shall
and subject
walls, under
coastal
or
walkways.
public
prohibited.
on
flood any
Code,
(457
coastal
line.
Section
hazard
the
expansion.
constructed
Code,
Code,
R322.3.5.
all
of
below
structures
erected
be
of
as
projects
quantities
the
the
and
exception
the
or
sides
roads.
elevation,
areas
mm)
All
to
any
built
to
but
construction
Residential,
columns
design
high-hazard
walls
Residential,
Residential,
lowest
areas
high-velocity
the
R322.3.
around
or flood
structure
not
to are
and
in
above
that
involving
elevated
constructed
V
coastal
shall
in
limited
of
hazard
of
prohibited.
flood
whichever and
horizontal
Zone
3
and accordance
buildings
fill,
have
pilings,
All
the
feet
as
meet
shall
shall
all
areas
as
elevation
as
shall
control
to
areas
standards.
high-hazard
construction
building
wave
follows:
base
areas
been
(914
follows:
follows:
the
dwellings
the
pile
be
in
be
structure
and
be
is
and
whole
following:
flood
that
action
permitted
of
requirements permitted
higher.
mm)
delineated
caps, with
adequately
line.
shall
for
shall the
Reference
Coastal
have
elevation
support
or
areas
Sections
shall seaward
shall
Town
shall
19
be
meet
in
of
been
west
for
part
A
27
be
be
be
as of Page | 51 04/09/19
Town (d)
Council
the
of
support
light
foundations
Modify
R322.3.4 footing,
load. construction
buildings conditions accordance
constructed values
be
is R401 of
accordance and
soil
R322.3.6. loading
Pile of
used
ASCE subject
decreased
Section
permitted
elevated
penetrations
scour,
above
impact, permitted
Exception:
systems
ASCE
and
See .4 to
Meeting
4.
shall
foundation
professional 3.
of 2.
or on Section
Pa), and
shall Pa)
1.
of
values
indicate
mat,
develop
ventilation
24
Where
and
Are
Are Walls
Electrical,
not
other to
FEMA
or
the
Spread
of
R322.3.4.
and
stem
as
7.
for
to with
as
erosion to
with
be
scour
of
penetrate
raft
floor, where
flooding,
design
include
designed
less
constructed
resistance
structures
Piling
building
determined
during designed
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for 27 Page | 52 04/09/19
Town
86-64.
(b)
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27
of of Page | 53 (2) Any alteration of a historic structure provided the alteration will not preclude the structure’s continued designation as a historic structure.
(c) ModifySection 1612.4 of the Florida Building Code, Building, as follows:
7612.4 Design and construction. The design and construction of buildings and structures located in flood hazard areas, including coastal high hazard areas, shall be in accordance with Chapter 5 of ASCE 7 and with the requirements for coastal high hazard areas specified in ASCE 24.
1672.4.7 Modification of ASCE 24. Table 6-1 and Section 6.2.1 in ASCE 24 shall be modified as follows:
1. The title of Table 6.1 shall be “MinimumElevation of Floodproofing, Relative to Base Flood Elevation (BFE) or Design Flood Elevation (DEE), in Coastal A Zones and in Other Flood Hazard Areas that are not High Risk Flood Hazard Areas.” 2. Section 6.2.1 shall be modified to permit dry floodproofing in Coastal A Zones, as follows: “Dryfloodproofing of nonresidential structures and nonresidential areas of mixed-use structures shall not be allowed unless such structures are located outside of High Risk Flood Hazard areas and Coastal High Hazard Areas. Dryfloodproofing shall be permitted in Coastal A Zones provided wave loads and the potential for erosion and local scour are accounted for in the design. Dryfloodproofing of residential structures or residential areas of mixed- use structures shall not be permitted.” 3. Allareas of the town of Indian Shores is designated coastal high hazard area and buildings and structures shall be designed and constructed in accordance with the requirements applicable to coastal high hazard areas. 4. The minimum elevation requirement the base flood elevation plus 4 feet. 5. Floodprooting is permitted on non-residential structures only. 6. Window openings are limited to the minimum required for light and ventilation (maximum of one-twentieth of the floor area served). 7. Access to enclosed areas shall be the minimum necessary to allow for the parking of vehicles (garage door) or limitedstorage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the building (stairway or elevator).
86-65. — Florida Building Code, Existing Building.
ModifySection 202 of the Florida Building Code, Existing Buildingas follows:
Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during a 10—yearperiod, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. For each building or structure, the 10-year period begins on the date of the first permit issued for improvement or repair of that building or structure subsequent to May 14, 2009. If the structure has sustained
22 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 54 substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building officialand that are the minimum necessary to assure safe livingconditions. (2) Any alteration of a historic structure provided the alteration will not preclude the structure’s continued designation as a historic structure.
86-66. Required Disclosure in Contracts for Sale of Real Estate. In any contract for the sale of improved real estate located in the Town of Indian Shores, which is in a special flood hazard area, the seller shall include in the contract or a rider to the contract the following disclosure in not less than ten-point bold-faced type: THIS HOME OR STRUCTURE IS LOCATED IN A SPECIAL FLOOD HAZARD AREA. IF THIS HOMEOR STRUCTURE IS BELOWTHE APPLICABLE FLOOD ELEVATIONLEVEL AND IS SUBSTANTIALLY DAMAGED OR SUBSTANTIALLYIMPROVED, AS DEFINED IN CHAPTER 86 OF THE TOWN OF INDIANSHORES CODE OF ORDINANCES, IT MAY, AMONGOTHER THINGS, BE REQUIRED TO BE RAISED TO THE APPLICABLE FLOOD ELEVATIONLEVEL.
DIVISION2 SUBDIVISIONS
86-67. Minimum requirements. Allsubdivision proposals shall be consistent with the need to minimize flood damage and shall comply with the requirements, standards, and procedures for subdividing lands a specified in Chapter 98. Subdivision proposals shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.
86-68. Subdivision plats. Where any portion of proposed subdivisions lies withina flood hazard area, the followingshall be required: (1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats; (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 86-25 of this ordinance; and
(3) Compliance with the site improvement and utilities requirements of Article II of this ordinance.
23 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 55 DIVISION 3 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
86-69. Minimum requirements. Allproposed new development shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AD, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.
86-70. Sanitary sewage facilities. Allnew and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltrationof floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems.
86-77. Water supply facilities. Allnew and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltrationof floodwaters into the systems.
86-72. Limitations on placement of fill. Subject to the limitations of this ordinance, fillshall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code.
86-73. Limitations on sites in coastal high hazard areas (Zone V and AE). In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 86-32 and 86-33 of this ordinance demonstrates that the proposed alteration willnot increase the potential for flood damage.
DIVISION 4 OTHER DEVELOPMENT
86-74. General requirements for other development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the Florida Building Code, shall: (1) Be located and constructed to minimize flood damage; (2) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (3) Be constructed of flood damage-resistant materials; and (4) Have mechanical, plumbing, and electrical systems above the design flood elevation or
24 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 56 meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations.
86-75. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V and AE). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: (1) StructuraLlyindependent of the foundation system of the building or structure; (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and (3) Have a maximum slab thickness of not more than four (4) inches.
86-76. Decks and patios in coastal high hazard areas (Zone V and AE). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following: (1) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. (2) A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fillnecessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection.
86-77. Other development in coastal high hazard areas (Zone V and AE). In coastal high hazard areas, development activities other than buildings and structures shall be permitted only ifalso authorized by the appropriate federal, state or local authority; iflocated outside the footprint of, and not structurally attached to, buildings and structures; and ifanalyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other
25 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 57 development activities include but are not limitedto: (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; (2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. 86-78. Nonstructural fill in coastal high hazard areas (Zone V and AE). In coastal high hazard areas:
(1) Minorgrading and the placement of minor quantities of nonstructural fillshall be permitted for landscaping and for drainage purposes under and around buildings. (2) Nonstructural fillwith finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. (3) Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection ifthe scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building. 86-79. Manufactured homes and recreational vehicles. Manufactured homes without a permanent foundation are not permitted in the Town of Indian Shores, and all manufactured homes must meet the requirements of this ordinance and the Florida BuildingCode. Recreational vehicles and park trailers may be temporarily placed in flood hazard areas provide all of the followingapply: (1) On site for fewer than 180 consecutive days; and (2) Fullylicensed and ready for highway use, which means the recreational vehicle or park trailer is on wheels or jacking system, is attached to the site only by quick-disconnect type utilitiesand security devices, and has no permanent attachments such as additions, rooms, stairs, decks, and porches.
SECTION 3. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in The Town of Indian Shores, Florida. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance.
SECTION 4. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Town Council that the provisions of this ordinance shall become and be made a part of the Town of Indian Shores’ Land Development Code, and that the sections of this ordinance may be renumbered or relettered and the word “ordinance” may be changed to “section,” “article,”“regulation,” or such other appropriate word or phrase in order to accomplish
26 of 27
04/09/19 Town Council Meeting Agenda Packet Reference Page | 58 04/09/19
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2 to Page | 61 04/09/19 Town Florida be this the Pinellas Dear that Transportation of Town These Town The available ‘water There considered April location Indian in Indian Indian Subject: 19305 Indian the • required Building are subject current Council Council 2, discharges, of third Gulf are website are Shores, Shores Shores Department explained 2019 on County NPDES to Indian Shores. the through our watershed storm Stormwater four 1) a Blvd. the h Town the if 5-Year National at more Department. Members Stormwater Meeting Intracoastal case, Town requires an Florida since www.brothcrtonengineering.Com and beach. a NPDES drain on Shores illicit 4) UPDATE below: Town seawalls The direct 85% permit. of brochures Council the the and the Pollution on inlets Pollution Transportation, Town “Public 33785-2214 and In Agenda discharge area is opportunity two same permits of Council improper racks Pollution, No Waterway. Indian and specifically Residents all and Historically, and that drainage has one that Participation” subjects water at in P0 Discharge — General pipes collects in Packet an Shores, the some meeting, occurs communication lawn Box You were zBrotherton Pinellas Agreement 2) for in main of Water Pinellas systems and 2052, cases designed Soil and Indian “Public will maintenance. Indian Public that rain created there h Town the Elimination door swales with also Erosion Dunedin, County. that note through in water impacts connect County Shores Shores: are 77 786-3442 (727) the between Participation”. entrance an for through does by a method n discharges and four program. with has graphic opportunity the from h Town the wetland FL both flows and Attached These System not at significant communicated a the ENCINEERINC Town to 34697-2052 several newsletters. discharge can construction all soak systems. Town from Town showing are areas. te Pinellas other reach The (NPDES) [email protected] due you and into for locations the the into Hall and Town potential to to everyone. will You many questions the The area permits a the a the and its to sites, The typical receiving find permit will of rud flows ground, NPDES the Intracoastal near small Florida and also that Indian Cities, sources brochures 3) note four for public a A the by “Watershed”. at were for Swimming joint size presentation water St. h window the Department in Permit (4) Shores the and sand the of the through and Petersburg, Reference created documents effort Waterway public, the pollution. are body. Town east dunes graphic for unique is Town made Pool may now into the the by on In of of to of A is Page | 62 04/09/19
Town
April2,2019
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to in Page | 63 ______j 04/09/19
Town orneanthnyotii Council
Litter is a year-round problem. Pet waste left on the ground Grass clippings from a freshly
Meeting Trash left to pile up or thrown can wash into nearby water mowed lawn are a problem when out the car window can bodies spreading bacteria they leave the yard. Clippings cause unwanted storm drain and diseases. Pet waste can clog storm drains as well as blockages that may result in can create serious health deliver hazardous fertilizers and flooding. Prevent Put concerns. Pick Agenda litter. up after pesticides to nearby water bodies trash in the can! your pets! causing algae blooms and fish kills. Keep lawn clippings on the Business waste can easily be grass ... bagior mulch it!
Packet forgotten. To prevent waste from overflowing, keep the dumpster lid closed, the A fun day outside usually drains plugged and have it calls for a healthy snack. emptied regularly. Put trash Make sure everyone can in the dumpster! enjoy the beauty around us by keeping snack bags and other trash out of the waterways. Put snack bags in the trash!
Discarded cigarette butts, ‘ the most frequently littered item, can travel along our streets, make their way into storm drains and can eventually end up at our beaches along the Gulf. This type of litter is also a hazard to birds and other wildlife. Toss butts in the ashtray! Reference Plastic drink bottles are Discarded fishing line creates a Never dump oil on the ground convenient, but not when they’re serious threat to our aquatic life or down storm drains. Oil is toxic on the ground. Don’t create and coastal birds. It’s the #1 cause to plants and animals and can unsightly litter—recycle plastic! of injury to aquatic animals like sea seep into groundwater used for Learn how and where at www. turtles and manatees. Don’t leave drinking. Dispose of oil properly. Page pinellascounty.org/recycle. used fishing line hanging around. Visit www.pinellascounty.org/ Toss plastic in the recycle bin! Throw it in the tackle box! solidwaste/oil.htm to find out how. Keep oil in the can! | 64 04/09/19 Town Council Meeting Agenda
Packet
Soil
Erosion
c
1 ¶1 Reference Page | 65 04/09/19
Town
6.
4.
5.
3. 2.
Council
1.
responsible
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maintenance Insure
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streets,
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and the Page | 66 Pool Dechlorination
1. Use Sunlight — Keep the pooi pump running and simply do not add any chlorine. Most poolswill then lose all chlorine in about two weeks.
2. Use Chemicals — Purchase dechlorinationproducts at the local pool company. There are various products that work in to remove chlorine. Make sure that you check with your pool company to get the correct product based on your pooi liner. A typical product is sodium thiosuiphate. For every 5,000 gallons of water, you will need to add about 1.5 pounds of sodium thiosulfate. Mix portions of this chemical in a bucket of water and pour around the pooi.
04/09/19 Town Council Meeting Agenda Packet Reference Page | 67 Seal Certified Lawn Maintenance
By Pinellas County
Certified professionals are required to display a vehicle decal:
bBe ManagementPractices I) / (otiihj / LW,ctm
Landscaping Only Fertilizer Application (mowing, trimming, edging, etc)
04/09/19 Town Council Meeting Agenda Packet Reference Page | 68 Indian Shores Library Annual Report 2017-2018
This report covers October 1, 2017, to September 30, 2018. Volunteers (luring this period were: Nancy Allen Diantha Schear Chris Berg Peggy Shoulders Linda Campbell Barbara Soranno Ibby Bobson June Stetling Laura Friedrich Bottle Strahlcnclorf Carole Irelan Mary Sutch Candiss Rinkcr Thelma Taylor Alice Lawrence Georgia Tawil Peg McDermott I)on and Kathy Vinci Rita Moreau Renc Wevburnc Maria Miller The library stall collected and turned over to the Financial I)ircctor $1.386.00 in membership fees and fines. Book sales amounted to $2,070.00 (over $500 more than last year). Monies expended were $2,122.13 for books and $521.7$ in scipplies. Also counted against the library budget are the 25 county library membership refunds. During this period the Indian Shores Property Owners Association donated an electric skillet and slicing machine for the library’s use in functions. There were 270 active full-use library memberships during this period. 21 fewct than last year. The staff checked out 2217 books this year. 33 of which were nonfiction. This is a drop of 355 books. probably a result of fewer members. We will look at ways to publicize the library during the slow months. We have already impLemented keeping the library open on Tuesdays. hoping to attract members, to eliminate the learning curve about the change of hours in January, and to provide opportunities for volunteers to practice computer procedures and book maintenance.
171 items were added to the inventory, both new and donated. Thirteen were non—fiction,including flood insurance information and maps. The library voltinteers hosted seven Read & Feed events featciring: Do Androids Dream of Electric Sheep (Philip Dick). The Shipping News (Annie Proulx). Mangrove Lightning (Randy Wayne White). Woman in the Window (A. .1.Finn). The Great Alone (Kristin 1—Iannah).Adventures of IJuckleberrv Finn (Mark Twain) and Sweet Revenge (Nora Roberts). We hosted a Happy Hour with R. Wayne Ayers, editor of George Lizotte’s Pioneer Days on the Tampa Bays Gulf Beaches, and a book launch lunch celebrating The Russian & Aunt Sophia, a novella written by library volunteer Rita Moreau and a Semifinalist in the 2017 SCREENCRAFT Cinematic Short Story Contest.
At the St. Patrick’s Day festival, the volunteers hosted the very popular Shamrock Pub, serving homecooked corned beef dinners and beverages including green beer. The board in FY 2019 will he Alice Lawrence. Maria Miller. June Steding. Georgia Tawil. Rene Weyburne. with Ms. Lawrence serving as Chairperson. During this year we will bring on volunteers to take over positions on the board in FY 2020.
Alice Lawrence Chairperson, Library Board of l)ircctors Apr 5, 2019
04/09/19 Town Council Meeting Agenda Packet Reference Page | 69 INDIAN SMOKES Ph 727.595.4020 Fax 727.596.0050 19305 Gulf Boulevard, Indian Shores, FL 33785 www.myindianshores.com
MEMORA ND UM
Date: April 9, 2019
To: Honorable Mayor Patrick C. Soranno and Members of Coun il
From: Bonnie Dhonau, Town Administrator
Subject: Consideration of Ameriscape Proposal to C rrect Drainage at Sand Castle
Jonathan Toner and Bob Brotherton worked up an alternate design to correct the drainage issue at Sand Castle that resulted from the Gulf Boulevard Beautification Project.
The attached proposal is about $14K less than the original design proposal cost.
I am recommending that we move forward with this revision in drainage and that it be paid for at this time through the beautification funds generated by Building Department Permits.
Should additional funds become available under Penny IV to further the monument project, we can consider reclassifying these fees under Penny III. However, that information will not likely be available until the end of the year and in the meantime, the balance of Penny III monies have been encumbered for the monument project.
Patrick C.Soranno Diantha Schear Mike Hackerson Michael (Mike) Petruccelli William F.(Bill)Smith Mayor Vice Mayor Councilor Councilor Councilor
Bonnie Dhonau E.D.Williams Susan L.Scrogham Freddie G. Lozano Steve Tetlak Regina Kardash, Esq. Town Administrator Interim Chief of Police Director of Finance Town Clerk Building Official Town Attorney 04/09/19 Town Council Meeting Agendaand PacketPersonnel Reference Page | 70 Proposal
LANDSCAPE Asj MANAGEMENT Ameriscape Services
Client Name: The Town of Indian Shores Project Name: Sand Castle Drainage 4.2.19 Jobsite Address: 19305 Gulf Boulevard Indian Shores, Florida Billing Address: 19305 Gulf Blvd Indian Shores, Florida 33785 33785 Estimate ID: EST1251725 Date: Apr 02, 2019
Due To Numerous UtilityLines In This Area And The Nature Of ThisWork, AllOf The Work Described Below WillHave To Be Done Carefully And By Hand. 12” . $3,778.75
36 Hours Labor To Perform Work 6 Cu. Yds. #57 Lime Rock Drainage Stone
1 Each Landscape Fabric
1 Each Disposal Of Dirt/Debris
kinstqIatbn - $2,210.84
24 Hours Labor To Perform Work 3 Cu. Yds. t57 Lime Rock Drainage Stone
1 Each Landscape Fabric
1 Each Disposal Of Dirt/Debris
Subtotal $5,989.59 Taxes $0.00
Estimate Total $5,989.59
GENERALTERMSAND CONDITIONS
PART1: CONTRACTOR’S RESPONSIBILITY
The Contractor shall recognize and perform in accordance with written terms, written specifications and designs, contained or referred herein. The Contractor reserves the right to renegotiate or amend the contract when price or scope of work is affected by changes to
Page of 3
9702 Homey Road P 813) 948-3938 www.ameriscopeusa.com Thonotosasso, Florida 33592 email: Jeiselericmehscopeusa.com
04/09/19 Town Council Meeting Agenda Packet Reference Page | 71 any local, state, or federal law, regulation or ordinance that goes into effect after the contract is signed.
A. Wor)dorce: The Contractor shall assign a trained workiorce with experience in the services being provided. The workforce will be presentable and identifiable at all times. Allemployees shall be competent and qualified, and U.S.citizens or legally authorized to work in the United States.
B. Landscape Materials: Allmaterials shall conform to bid specifications. The Contractor will meet and comply with all Agricultural licensing and reporting requirements.
C. Worranties Warranties provided by the Contractor for both product and labor are subject to the following terms and conditions:
I. Ifthe Client has an existing landscape maintenance agreement with the Contractor, the warranty shall be for 1tone) year commencing on the day the work is completed and accepted by the Client.
II.Ifthe Client does not have an existing landscape maintenance agreement with the Contractor, the warranty shall be for 6 six) months commencing on the day the work is completed and accepted by the Client.
Ill.Ifthe Client enters into a landscape maintenance agreement with the Contractor, either during or upon completion of the work, the Contractor willwarranty the product per clause (1) above.
IV. It the Client cancels an existing landscape maintenance agreement with the Contractor within the first 6 (six) months of the warranty, the warranty shall only be in effect for the remaining time of the 6 (six) month period.
V. Ifthe Contractor cancels an existing landscape maintenance agreement with the Contractor after the first 6 (six) months of the warranty period, the warranty period will have ended.
D. licenses and Permits: The Contractor will maintain a Landscape Contractor’s license, as required by state or local law, and will comply with all other license and permit requirements of the county, state and federal governments, as well as all other requirements of law.
E. Taxes: The Contractor agrees to pay taxes applicable for its work under this contract. including sales tax on material supplied where applicable.
F. Insurances: The Contractor agrees to maintain General Liability Insurance, Automotive Liability Insurance, Workers’ Compensation Insurance, and any other insurance at the Contractor’s discretion or required by law. In addition, the Contractor will require the same of any sub-contractors and willprovide proof of such upon Client request. The Contractor is also responsible for obtaining any licenses and/or permits required by law for activities on the Client’s property.
G. Liability: It isunderstood and agreed that the Contractor is not liable for any damage of any kind that is not caused by the negligence of the Contractor, its agents or employees, including but not limited to: death or decline of plant materials due to improper selection, placement, planting or maintenance before the time of this contract: damage due to improper irrigation components in existence at the time of contract execution: exposed cables/wires or sprinkler components/lines normally found below the surface of the lawn: flooding. storm or wind damage: disease or damage to lawns or landscape plants caused by excessive irrigation or lack of water due to inoperative components provided it reported these to the Client, or irrigation restrictions imposed by Water Management District or civil authorities; damage caused by any item hidden in the landscape and not clearly guarded or marked: and damage due to vandalism. The Contractor is liable for any damage due to operation of equipment in performing the contract: complying with all lows pertaining to protected plant species such as the mangrove: damage to plant material due to improper horticulture practices: improper installation of irrigation system replacement components: and injury to non-target organisms in application of pesticides.
H. Subcontracts: The Contractor reserves the right to hire qualified subcontractors to perform specialized functions or work requiring specialized equipment.
I. Invoicing: The Contractor willinvoice for the amount set forth under the prices and terms included in this contract under Section B: Terms of Payment. Any services rendered, that are in addition to or beyond the scope of work required by this contract shall be separately billed.
PART2: CLIENT’SRESPONSIBILITY
A. Utilities Usage: The Client shall allow the Contractor usage of utilities if needed.
B.Jobsite Access: The Client shall allow access to all parts of the jobsite where the Contractor is to perform work required by this contract or other related functions, during normal business hours and at other reasonable times, and in the case of after-hours
Page 2 of 3
9702 Harney Road p. (813) 948-3938 www.ameriscapeusa.com Thonotosassa, Florida 33592 email: JeiseIeameriscapeusa.com
04/09/19 Town Council Meeting Agenda Packet Reference Page | 72 ______
emergencies.
C. Payment: The Client shall review invoices submitted by the Contractor and payment shall be due upon completion of the work and receipt of invoice and considered delinquent if not paid accordingty. if not poid within forty-five (45) days, the Contractor reserves the right to suspend services by giving written notice for nonpayment.
0. Defects: The Client shall give the Contractor at least thirty (30) days to correct any problem or defect discovered in the performance of the work required under this contract. The Contractor may provide a deduction or offset at its discretion if detects are not correctable to the satisfaction of the Client.
PART3: OTHER TERMS
The Client and the Contractor respectively, bind themselves, their partners, successors, assignees and legal representative to the other party with respect to all covenants of this contract. Neither the Client nor the Contractor, their partners. successors, assignees and legal representative shall assign, transfer or terminate any interest in this contract without the written consent of the other.
A. Termination: Thiscontract may be terminated by the Contractor for nonpayment by the Client, upon written notice as stated above. In the event this contract is terminated early by either party, the Contractor shall be entitled to recover those unrecovered costs incurred through the dote of termination, including a reasonable amount of overhead and profit, and any amount in excess of the monthly charges paid by the Client through the date of termination.
B. Controlling Law: The laws of Florida shall govern the validity, interpretation, construction, and performance of this contract. Each patty hereby expressly consents to the personal jurisdiction, venue and convenience of, and the parties agree that any dispute arising hereunder will be heard in, the state and federal courts for the County of Hilisborough, Florida for any lawsuit arising from or related to this contract agreement. Allreferences herein to the singular shall include the plural.
C. Legal Counsel: Each party has had (or has been advised to seek) independent legal counsel of their selection in the negotiation of this contract. Each party fully understands the facts and has been informed about their legal rights and obligations, including but not limited to the obligations of Florida Statutes regarding restrictive covenants and liquidated damages. Each party is signing this contract freely and voluntarily intending to be bound by it. Each party hereby knowingly, voluntarily and intentionally waives any right either may have to a trial by jury with respect to any litigation related to or arising out of, under or in conjunction with this contract or Contractor’s employment with Ameriscope USA, Inc.
D. Notice to Owner: The Contractor will furnish a Notice to Owner per Florida Statute 713.06 to protect the Contractor’s lien rights in the event payment is not received for any job exceeding $2,500.00.
E. Attorney’s Fees: In the event a dispute arises between the parties hereto and suit is instituted, the prevailing party in such litigation shall be entitled to recover reasonable attorney fees and other costs and expenses from the non-prevailing party, whether incurred at the trial level or in any appellate proceeding. If the Contractor seeks counsel for nonpayment issues and an agreement is reached before a suit/trial those attorney fees can also be recovered,
Estimate authorized by: Estimate approved by: Company Representative Customer Representative Signature Date: Signature Date:
Page 3 of 3
9702 Harney Road p. (813) 948-3938 vivw.ameriscopeusa.com Thonotosassa, Florida 33592 email: [email protected]
04/09/19 Town Council Meeting Agenda Packet Reference Page | 73 INDIAN SMOKES Ph 727.595.4020 Fax 727.596.0050 19305 Gulf Boulevard, Indian Shores, FL 33785 www.myindianshores.com MEMORA ND UM
Date: April 9, 2019
To: Honorable Mayor Patrick C. Soranno and Me bers of n Council
From: Bonnie Dhonau, Town Administrator —.--.-‘
Subject: Request for Approval — Archiving Service fo Text Messagesc
Attached is an agreement for archiving of text message traffic on the Town’s cell phones.
This will ensure the Town is in compliance with Sunshine Law Requirements and provides us with the ability to respond to public records requests.
This agreement has been reviewed and approved by our Town Attorney.
Although this item was not budgeted, I believe it can be absorbed in the Administrative Department’s budget for the balance of this fiscal year. Since the target police budget for next year has already been approved, it will need to be put into the Administrative Department’s budget for the next fiscal year and then re-appropriated to the proper departments in fiscal 2 1/22.
Patrick C.Soranno Diantha Schear Mike Hackerson Michael (Mike) Petruccelli William F.(Bill)Smith Mayor Vice Mayor Councilor Councilor Councilor
Bonnie Dhonau E.D.Williams Susan L.Scrogham Freddie G. Lozano Steve Tetlak Regina Kardash, Esq. Town Administrator Interim Chief of Police Director of Finance Town Clerk Building Official Town Attorney 04/09/19 Town Council Meeting Agendaand PacketPersonnel Reference Page | 74
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Town smarsh’ Services Capture. Client different) SMG 5MG SMG Extended Cloud Smarsh Contact Setup 10- 10- Subtotal Subtotal ReveaL Contact Plan Council Contact Activation Sales Overage User) Capture Capture Information Retention 5MG Fee Quote and Respond. Executive 10- & & above Date Date Archive Archive Fee Meeting Annual Fees - included Annual State Address Carrie 02/19/2019 Upon Phone Address Phone State Name Name Phone Name Name - Premium Annual Grant Capture Breedlove Agenda Adj of 11:58:42 FL Town 19305 727-474-7777 727-474-7777 Bonnie Bonnie 19305 FL - Access & Annual Archive of Gulf Gulf Dhonau Dhonau to Packet Indian Service Blvd Boulevard quantity Shores, is $140 FL per Order connection. Term Form Rate Quote Setup Zip Title Title City Title Email Email Zip Cfty Email of Import per Agreement Expiration Fee (#Q040405)fService Quantity $119.00 $500.00 $600.00 $28.00 Billing Billing $2.50 Town Town 33785-2214 Indian [email protected] [email protected] 33785 Indian . Administrator Administrator Shores Shores 03/31/2019 Upon In 12 Arrears Months Minimum Quantity Contract 10 10 0 1 1 Execution Account Reference Number:) Page $1,190.00 $2,070.00 Minimum $ $280.00 $500.00 $600.00 1 500.00 $0.00 of4 Page | 75
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Town smarsh’ Capture. D. The This that parties attachment follow 6) 8) 7) 5) 4) 3) 2) 1) Reveal Council funds.” Section Section • Section • Section Section “The • • Section increasing Section • Section “To “With are agree the effective Initial “Delaware” C. E. A. Add that B. Delete In ‘Multnomah modifies Respond. regard to 6.1-The 4.2- 8.2—in the extent 10.4— 3.3— 3.1— 2.7— 1.8— the the sentence: the to Smarsh’s Smarsh “In “provided “in “Smarsh Term ‘(iii) sentence the Add Meeting Add to Add Delete upon allow make following following accordance accordance limits make the permitted pursuant the aaretained data sentence may second is the the the County, Smarsh may the Smarsh replaced the sentence acknowledges notice the of the following that beginning be following following date liability following to charge amendments second following sentence renewed to by the beginning with with the Service in to the Agenda a that Section with the beginning Florida Client increased penultimate by thereunder,” a to opportunity Section Section to to “Fees sentence the late Smarsh, State changes: “Florida” the for changes: the Agreement the that is of 768.28, “Smarsh deleted Client public fee additional, last to are end beginning the of Client 218.74, 218.74, “Smarsh’s Fees the of Oregon” Smarsh and due sentence: Packet of Fee first sentence Modifications 1% records to Florida Agreement: and will that may is replace n payable” and between seek increase.” e month per Florida Florida tax-exempt.” signs of successive replaced only shall paragraph: charge aggregate is the a request, Statutes, after replaced an protective it become Statutes Statutes abide first Smarsh, with: Order ATTACHMENT a to “Initial nany on with aefee” late sentence: change 12-month Smarsh provided liability” by and with effective Form the (the (the the order Inc. Term”: without unpaid “County, following: “thirty applicable “Prompt and “Prompt and referencing Service replace that preventing terms upon 1 the replace Fees.” in the (30)” Agreement onof Town any in (each Payment Payment “Smarsh’s” the Client provisions the to this manner it commencement such with: a “forty-five State “Renewal attachment. gives Indian Act”), Act”)” disclosure.” of waiving with of notice Florida” Florida’s Shores, beginning (45)”, “Each Term”) its to of and Smarsh FL rights party’s”. public the subject (“Agreement”). 30 insert next to days records in sovereign to Renewal a the after reasonable the following laws.” availability the Term immunity The payment Reference amount amendments at following the Page of or due Client end of 3 time date, of of 4 Page | 77 04/09/19
Signatu ismarsh Town All Capwre. Email: other ret 3) 2) 9) 1) Reveal terms Council Add allow writing Section by 10.13 Section “No Section “Smarsh “(including name [email protected] the modification, new of access Respond. in Public Agency the by 10.8- 10.7— 10.12-The marketing shall section: both Agreement all to Meeting Records. obtain The Order for Add (via parties.” Smarsh’s amendment, entire the materials, Client) entire Forms Client’s To following remain section the section public and refusal Agenda prior press extent unchanged. or attachments is after records is written alteration to deleted releases, deleted allow required “This made Packet consent and access Agreement”: and of thereto)” blog the by replaced or replaced posts, the (via received (a) terms before Client) Florida case with: and with: in disclosing studies, to conditions conjunction Public public Records or records. that white of with this Client Act, papers.” h Agreement. the Agreement is Chapter a customer will 119, be of The Florida effective mrhand Smarsh Agreement Statutes, unless (b) may Smarsh for agreed be any terminated Reference to ue shall and of Page maintain Client’s executed o cause for 4 of and in 4 Page | 78 04/09/19 Town 1. Agreement This the Agreement, 2. This ANNIVERSARY AGREEMENT. CLIENT’S CLIENT SUPERSEDES AN Specific SOFTWARE,CLIENTAGREESTHATUPONACCEPTINGTHETERMSOFTHISAGREEMENT,WHETHER ANY or AGREEMENT AGREEMENT WHEN CLICK (4) between EFFECT, FORM(S), IF HAVETHEAUTHORITYTO smarsh” Capture. CLIENT the the ORDER terms 2.7. 2.2. the Smarsh Services grants Service and Services. Council Agreement Smarsh OTHER Client THROUGH Acceptable YOU Agreement, FIRST Terms”, the Reveal. transferable tickets Support. Smarsh access Services EXCEPT Smarsh at Forums. may hereby AGREEMENT Smarsh AND of PREVIOUSLY Client https://central.smrsh.com/s/. Specific FORM — Service which Central. CLICK ORDER this Services purchased who General NBEHALF ON Smarsh post (CLIENT), Meeting EXECUTED Respond. ANY SUCH OF and on Smarsh grants (3) includes Agreement grants Central. THATTHE a (as Smarsh Inc. accepts OR Support THAT comments THAT Use A the AND Smarsh includes revocable, Terms Descriptions, the use defined DOCUMENT BOX Agreement-General license PREVIOUS BY (“Smarsh”) Terms”, will description FOR to Policy Client by EXECUTED Service Smarsh ALL REFERENCES ORDER Agenda EFFECTIVE AGREETOTHETERMS four AN Central Smarsh provide the INDICATING OF and Client BIND FAQ’S Central. “EFFECTIVE ALL electronic to PRIOR will in Services ORDER YOUR (or non-exclusive, terms (2) or parts: and Service Section access, Specific SERVICES Central ORDER SUCH content the govern and FORM ‘AUP”). during and which IN also the a its of Packet Changes A worldwide, TERMS (1) COMPANY of DATE, ELECTRONIC terms the what FORM SUBSCRIPTION other Users Services provides ordering the THIS ACCEPTANCE this Descriptions use ENTITYTOTHISAGREEMENT. 4.7) REFERENCING Terms describe in the Client’s DATE” FORM to Client Client Terms legal connection OR BUT Agreement without is that AND for Agreement-General support Smarsh a AGREEMENT, Term FOR non-transferable, to included revocable, specified SOFTWARE discussion, (including online perpetual, TERMS ACCORDING Smarsh’s OF identified OR mechanisms are may terms OFTHISAGREEMENT. use CONDITIONS (the SERVICES the OR (as LET AGREEMENT CLIENTS OTHER specific restriction, Central are resources of initiate features OF defined FORM HARD forums Agreement”) with that with the via AND THIS located in non-exclusive, THIS support the in YOU, feedback, non-exclusive, click-through each Services WILL are LEGAL each to Client’s OR online an support AGREEMENT, CONDITIONS COPY OR TO made applicable and in n functionality and AGREEMENT each are limited ASSOCIATED reproduce, included order SOFTWARE, THE at Order AN Section THE CONTINUE service policies available www.smarsh.com/Iegal. related forums ENTITY, FORM) service (as use available ORDER constitutes COMPANY n general and requests RENEWAL document license Form defined non-transferable IFYOUACCEPTTHIS of 72). in in Service acceptance. royalty-free, will features the ARE make THIS YOU IS (“Forum FOR this “Service included on OR FORM N THE AND TO WITH (“Services”), THE to Terms to be Services. by Smarsh “Smarsh OF in SERVICES WHEN of AGREEMENT ENTERING Client RENEW REPRESENTTHATYOU a TERMS access that derivatives Level made submitting Q&A DATE Section binding each PREVIOUS to NO (OR Content) Descriptions”; in references Client Users irrevocable TERM Agreement(s)), (‘Order purposes. FORCE YOU Central the Client ENTERED available and Service. ON OF Services ON license according 7). OR agreement THIS Smarsh THIS WHICH of Service agrees of, use THE EXECUTE OF support Reference or and ORDER the OR Form”), or located the to The this Users on and INTO and Client that to BY Page | 79 i smarsh Capture. Reveal. Respond.
incorporate any comments or suggestions or feedback into Smarsh products or services for commercial use without remuneration to Client or any User. Client acknowledges that Forum Content is not confidential and is subject to the Acceptable Use Policy available at www.smarsh.com/legal/AUP. Smarsh may delete Forum Content without prior notice. Client is responsible for all Forum Content posted by its Users. Smarsh disclaims all liability arising from Forum Content and use of the Smarsh Central online forums, including exposure to content that is potentially offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. The Smarsh Central online forums may be suspended or discontinued at anytime. The Smarsh Central online forums and related features are made available without charge and are not part of the Services, unless specified in the Service Specific Terms or Service Descriptions for a premium service offering.
3. Trial Services. Ifa trial period is indicated on an Order Form, Smarsh will provide Client with a temporary account to one or more Services (Trial Account”). The Trial Account will be accessible beginning on the Activation Date (as defined in Section 7) and for the trial period set forth in the Order Form, or if no trial period is stated, the Trial Account period will be thirty (30) days from the Activation Date. DURING THE TRIAL PERIOD, THE TRIALACCOUNT AND ASSOCIATED SERVICES ARE PROVIDED AS IS”AND “ASAVAILABLE”AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. 4. Client Obligations. 4.1. As used in this Agreement, the term “Client Data” means the data that the Services capture or archive from Client’s systems or from Client’s Third Party Services (as defined in Section 5), or Client’s historical data provided by or on behalf of Client for ingestion by the Services. Client hereby grants Smarsh a limited, non-exclusive license to access, copy, transmit, download, display, and reproduce Client Data as necessary to provide, support, and improve the Services, as directed by Client, or as otherwise authorized hereunder. Data generated by the Services regarding Client’s use of the Services is usage data and is not and does not contain Client Data.
4.2. It is Client’s sole responsibility to monitor the Services and Client’s systems and Third Party Services to ensure that Client Data is being captured. Client will notify Smarsh of any delivery failures or outages of its systems that could affect the transmission of Client Data. It is Client’s responsibility to (i) encrypt data sent to the Services from Client’s systems and (ii)historical data sent to Smarsh for ingestion. Smarsh will have no responsibility or liability for any data that Client transmits to Smarsh in an unencrypted format. Smarsh is not responsible or liable for any update, upgrade, patch, maintenance or other change to Client’s systems or Third Party Services that affects the transmission of Client Data to the Service. It is Client’s responsibility to ensure that the Services are configured to capture Client Data from all relevant end-user accounts or devices or web domains, as applicable.
4.3. Client is solely responsible for the content of Client Data. Client represents and warrants that (a) Client Data will not fi) infringe any third party right, including third party rights in patent, trademark, copyright, or trade secret, or (ii)constitute a breach of any other right of a third party, including any right that may exist under contract or tort theories; (b) Client will comply with all applicable local, state, national, or foreign laws, rules, regulations, or treaties in connection with Client’s use of the Services, including those related to data privacy, data protection, communications, SPAM, or the transmission, recording, or storage of technical data, personal data, or sensitive information; and (c) Client will comply with the Acceptable Use Policy available at www.smarsh.com/Iegal/AUP. Smarsh may update the Acceptable Use Policy from time to time.
4.4. Client is responsible for creating an account within the Services and ensuring that (a) Client’s account registration information is complete and accurate; and (b) Client’s account credentials are confidential. Client will notify Smarsh immediately of any unauthorized use of Client’s account or account credentials, or any other known or suspected breach of the security of Client’s account. Client is responsible for the activity that occurs within Client’s account and for
04/09/19 Town Council Meeting Agenda Packet Reference Page | 80 04/09/19 Town 6. 5. smarsh’ Capture. Term the such transmission via transmits, 6.7. Third 6.2. to Services suitable Client all on Council Service availability components controlled conditions. related communication 4.5. messaging 4.6. loss business Smarsh. liability the these AUP. of Reveal. Termination Term”), Term for Term. terminates suspend specified co-terminate are, Authorized An materially Client the least is communications, Client Client acting billing responsible or responsible means behalf Representatives’ behalf sensitive & Party is data, granted third was to terms. Termination. a for solely networks, Authorized actions collectively, networking unsecure period 90 Meeting or Respond. will related processes, accesses, or of Smarsh The will may may sensitive inquiries, platforms. within of of acting Client discontinuance Providers. any partys unless arising days thereof, and the provided Client’s which in Representatives, data The ee automatically renew responsible not breaches Agreement login designate provide in entity Users, or the services of for for Third-Party is to for prior with acknowledges the accordance Third-Party within including 30 Third omissions permit does services, Smarsh over responsible from the managing Order or Agenda the Client communications credentials contact User” platforms or access Breach. days use Client scope by (a) Client request arising The to Client’s suspend actions such Representatives not “Term.” its Party or any the that Smarsh. the of Smarsh for user Form following is has will Services APIs) or obligations of software, the control agrees to social of Service the support, may scope updates, of networks ensuring end Client Either from Client Service services, Services with Packet stores, then-current the or a or the their begin systems, roles for or Client’s Services to Any or, regulatory administrative or that (Third agree where use A of omissions competitors Services any the media Services for anyThird-Party section that discontinue if of and Third-Party receive employment, the provides with party controls may the Order no on applications, uses, certain the will or their and modifications, additional, Services. damages Client or networks, under and employees, to if term telecommunications is take Client Party the Initial with non-breaching is depend different termination providers, Services have Client may changes not do subject or Form for 6.2 employment, Client to in requirement Term. Effective of or Third-Party the other, complies access this provides not is the Smarsh. Term responsible Services”). or Client. is terminate to each access that Service a user(s) specified, Users transmits or required executed 6.3 other successive Client service encrypt access on event Agreement Data engagement, to to levels platforms to Service, losses contractors similar telecommunication or is Representative below. to Client’s outages, the meet Only Date the may of to under the data Such with with from the party may assumes of party’s Client’s the of to Client’s without Services terms engagement, Third this 72 to Services, incurred messages or sensitive Authorized a applicable such after actions. not and access Services, archive The including oSmarsh. to the all months transmission breach 72-month make third review Services. compliance with common liable (such Agreement carriers, and delivery Third-Party share written will Party or of Initial highest the requirement. or account data all notice do written this party agents, for such changes for with add as agency or remain A Representative health of risk Effective whether sent may (‘Initial account not Services Client’s use third Renewal and Term review how this or Agreement. failures, User” Users terms control Smarsh notice or or sources breach associated respect level to carriers other represent with by purchase over or whether notice if may will remove agency Agreement Service or Smarsh. the relationship. party in the to plus support the Term’). may is communications of financial (each person such Date use effect log thereof. are A the provide such its with corruption also Third-Party any Term, messaging expressly remains other access to Third-Party and n certain and any of Representative” social service, in appoint thereof, not Third-Party relationship. terms users, transmitting will Client such individual with that a Services non-renewal be Client; Third-Party In for credentials. The are of Renewal “Renewal or party offered, addition, Client Smarsh information a and and the the media, either they such uncured dependent breach Reference person make Initial and disclaims or is or other of is or or Service term will Services. is on Service. or data, liability Data are (b) who Term party may was data. not the of is on at Page | 81 04/09/19 Town 10. 9. 8.
7. smarsh’ Capture. 10.1. The Taxes. similar 911 Confidentiality. Smarsh’s assessments. specified will within thirty commitment. Client’s Minimum regulatory usage not Services Form. minimum Renewal pay invoice Date”). Fees 6.4. per Council purchased) 6.3. Following taxes, the be paid the minimum Reveal. without terms the information “Confidential any opportunities, receiving not developments, termination exportation Smarsh or with Termination competent pay licenses Effect remainder notice, be & (30) For at 120 All deemed taxes, delete Payment. Beginning schedule terms minimum Fees liable circumstances limited when listed information the any Term, or in income. creditors Meeting Fees days Fees Respond. execution days Commitment purchase authority of of the universal or where to rate when breach duties Fees to this Client for of Termination. the Client party providing in commitment due. payable such of invoiced of Order return the accepted of to jurisdiction; the that: fees the any in for specified Agreement; the Client the Confidential for due the purchase on information Information” (a) software, is due. the Services and is customers, lawfully Smarsh commitment on Order of Client’s Agenda minimum understands of Order designated ie by filed service damages the date plus Bankruptcy. date either responsible Form, then-current (i) Client and a the Order any by taken will Smarsh based charges is Client nondisclosure & Activation by any Client in, of Form, in finvoice. of Invoice Order payable Form amounts commitment, pay Upon receives Smarsh granted breach, party may fund Client. software is or Data, the or the or Form. as or hardware the on with Packet Information relating commitment resulting (b) desig against enters, the may means a fd) of under invoice. by Order or by suspend Form, that fees for usage, is anytermination whole, during a total Client This of any Smarsh up Term; the Client access either fees either ae Client Date, declared One-time petition and will from to ns, increase all payable Invoices Overages. manuals, even or to the obligation; this to that kind Client sum Form; Agreement applicable Smarsh (a) sales, costs, invoice, from costs. for in agrees (a) taxes, If the would the and either a Data. Client’s party Smarsh delivering the Client to such public of Agreement may the third if if party imposed for of shall date insolvent Initial Client an the Client’s hereunder, service, and such by not Fees fees (c) prices, non-public the taxes personnel, Services bankruptcy will “Confidential will to as reasonably case, and charge party’s account Client Smarsh disputes upon party other domain and disputed of access be fb) (Hi) statement will or “confidential” pay n fees and recurring suspension. at Term will activate terminates einvoiced be termination, Client the assessed fina expiration due usage if the use any by Client is invoice Smarsh’s without or agrees request, Client’s terminate are party; product a not as any software will nces, other to within and, adjudged to and receiving time late without any information research, will set exclusive within be for the or exceeds will dismissed or Smarsh. federal, Fees immediately of Information” provided fee excise Client upon that on Fees, deemed reorganization forth marketing otherwise than usage after pay professional restriction prior each Services work. of for the pay plans, then-current or the except of set 120 (if immediately, the breach the the “proprietary” the party bankrupt 1.5% Client renewal, development applicable in the the any for on-premise state the to taxes, of party forth use during Client days Agreement: the present of within recurring that additional taxes the recurring obe to the Initial Fees taxes in per minimum in either knew make of plans, of terminate; or on Order must does will the in utility from the end services minimum software if will this month local a each and confidential; disclosure the owing Client or 60 by data Term. imposed or month return event Service case prior available party, of upon not business notify an pay the or software Agreement; a days. Form Fees future user’s applicable Fees similar governmental Fees or the Renewal court (a) extraction which, commitment arrangement on include for requests will of to date Fees know-how; Client or (b) to written including all Term are is Smarsh per purchase Smarsh’s (“Activation (“Fees”). due any receiving fees, the on any and the less be of Client Reference rights the within of Client’s is the (c) under Fees invoiced fails for Term. or other invoice other Order than VAT, the (H) and any such will and to but the (b) or Page | 82 04/09/19
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13. smarsh Capture. 74.7. Remedies Council 13.2. 73.7. Indemnification. 14.7.3. 74.7.2. 74.1.1. ReveaL with Remedies. specific claim combination trademark obligation made in third-party Smarsh 13.2(a); provided over for notice defense claim; defending the 4.4,4.5, upon expenses directors, Client CONSULTING SMARSH COMMUNICATIONS, DIRECTLY LIMITED HAZARDOUS REGULATION, LEGAL FAILURES ERROR-FREE. the indemnification content sole days’ Smarsh, for the Client Client’s modify In If reasonable In the respect Meeting Respond. that and becoming defense the available and upon Indemnification. (b) the the COMPLIANCE a or requirements; Indemnification. of reported defense TO discretion, by breach DOES employees allow (including prior Services 15.7 Limitation contained TO relates ROTHER OR with such event event a (c) or claims the Smarsh; sole ANY of claim becoming to neither of copyright; if of DEATH, ENVIRONMENTS OR SMARSH of OR Client written claims by the requested Agenda Client the Services NOT efforts claim. this aware and of of of such and APPLICATION to non-conformity. PROFESSIONAL arising DIRECTIVE. Smarsh. due are Section a a Services if credit either or fines, Agreement. or (a) GUARANTEE OR exclusive in Data breach and breach Smarsh settlement of WITH sole PROBLEMS PERSONAL of claim. subject (H) to arises to notice of aware (iv) this nor WILL provided Liability. such Client OTHER infringement. any from Smarsh’s provide agents, any Packet stated Smarsh (a) by penalties, and and Client’s Except 72. Section (b) ANY with of of Notwithstanding from: Client, procure fails modification to NOT that such of THE to will remedy a Client’s is exclusive the any REQUIRING IN SYSTEMS Client, any claim FEDERAL, commercially Smarsh in a of any from that, Client to INJURY, will THAT The WHICH INHERENT as they SERVICES failure claim BE SOFTWARE defend, fi) applicable failure claim; the warranty any 13.2 and and such provide expressly technology custom for LIABLE defend, foregoing that breach Client and for terminate Service are such is with USE at control of reasonable Client will to except Client’s claim; to OUTSIDE a THE OR of indemnify Client’s the infringement against non-infringing; STATE, FAIL-SAFE use breach such provide OF under claim; an shall (a) the functionality IN PROVIDED FOR Service SEVERE of indemnify the provided Level feasible, IS Services FAILURE the updated error provide over THE THE (b) the that remedy Services or NOT sole the notice foregoing, (a) OR expense, DELAYS, all right Section and allow of other THE attorneys’ Service Agreement. notice SERVICES the USE provide correction Client and applicable Level the claims, remedy, INTERNATIONAL DESIGNED PHYSICAL PERFORMANCE, then infringe (c) Client in OF to REASONABLE unless defense and under or TO is Smarsh OF services, applicable by hold provided Section or reasonably continue Client’s Agreement, 12 in INTERRUPTIONS, THE modified will reasonably Specific CLIENT Client Smarsh THE Smarsh Smarsh (c) hold losses, Smarsh accordance with fees), and harmless Section BY Client not any or if Service. SOFTWARE The sole OR and INTERNET, OP in Client software, 74.7.3, CLIENT work-around sole Smarsh’s or prompt be to damages, arising the United WILL Terms to Service PROPERTY will versions may, foregoing with INTENDED any settlement will and is cooperate Client relieved CONTROL use cooperate 13.2, and STATUTE, Smarsh actually INCLUDING the reasonable Smarsh, harmless not third use with ENSURE exclusive upon THE OR prompt the or from written States Smarsh exclusive or indemnification Level sole COULD ELECTRONIC based be SERVICE commercially Sections of liabilities technology this Services; of party; remedy will liable thirty the that prejudiced with DAMAGE. or FOR obligation, its of LAW, its OF with Agreement. from patent, written ADVICE, Section CLIENT’S Reference on notice related control opinion provide any officers, may, Services BUT obligation LEAD corrects SMARSH. (Hi) remedy Smarsh USE for (30) Client’s .,4.3, 4.2, the RULE, and such is (b) the any NOT in IN not to in its of Page | 84 04/09/19
Town ‘i
75. smarsh” Capture. 15.3. 75.2. Council 75.7. General 14.2. Reveal. Assignment. control or applicable country directly transfer the any Force other’s respective herein export Administration liability, and TO user regulations; countries. otherwise THE use persons exception party’s prohibition person Ukraine, contained CUMULATIVE; Department’s Export THE has ACTION including WHETHER ARISING ANY Number regulations. SUCH WARRANTY, SERVICE FROM FEES CONSEQUENTIAL FROM Limitation REGULATION, NON—COMPLIANCE substantially DETERMINE Terms. the United obligation embargoed any TWELVE to POSSIBILITY THIRD Meeting Respond. ACTUALLY Majeure. DAMAGES will WHICH OR regulations; prior consent access on of Restrictions. or Software if to the or other IS Cuba, (ECCN) FROM SPECIFIC such the any Without exported indirectly, a ENC, successors which, RELATING in, be law, entities BROUGHT States CONSEQUENTIAL of or Software, PARTY, written government (d) Smarsh TORT the Neither parties, null (72) software, restriction; Liability. “Denied or users ALL OR of THE failure Iran, regulation Client all, Regulations, Agenda in A in OR goods; IF 5D002.c.7 this RECEIVED use or Services WERE MONTH OF failure or and and accordance the DIRECTIVE. THE DAMAGES of PAYMENTS prohibited (INCLUDING TERMS), limiting (c) DAMAGES IN Services FOR or North consent, of WITH any Public export, the The SUCH Agreement TO its including, will or party and or (E.G., case Client other CONNECTION void. re-exported the Parties LIMIT or IN documentation assets. omission ANY FORESEEABLE any party THIS of Software Services and promulgated not Packet rrule. or any of PERIOD Korea, and NO permitted ANY Services of party CONTRACT, the IM may This DAMAGES. WHETHER BY applicable re-export 15 will Software, in other except HAS SPECIAL, a provide (INCLUDING OR AGREEMENT, (e) from SMARSH’S to EVENT organization with policy AROSE. List. C.F.R. has MADE a Any foregoing: SMARSH merger, FEDERAL, Agreement but NEGLIGENCE), assign complywith manner whom, to Client Sudan, will OTHERWISE, arises and BEEN or software IMMEDIATELY into been are sections receiving perform, Client attempt not that manager Part Service, WITH assigns. not WILL the FOR or Software THE may jurisdictions will not SMARSH hsAgreement, this export INDIRECT, BASED (or TORT, reorganization, from and OR limited the Syria qualified REACHED. release FROM which either AGGREGATE be 730 Software will STATE, (a) ALL to LOSS named THE not, EITHER LIMITATION or be WHETHER or NOTWITHSTANDING 740.77(d) will export, a to any or exports; Client in a any all et or complywith OR company breach restriction subject documentation is CLAIMS ARISING national ON assign an OR and violation CLIENT to party SERVICES is (as the inure seq. United any WILL OF: classified related OR cause OTHERWISE), PRECEDING for prohibited INCIDENTAL, the omission on BREACH OTHERWISE, or defined PARTY represents re-export will when Software USE, other (the INTERNATIONAL export may and of Service (b) to this any following to NOT LIABILITY THE N DAMAGES AND acquisition, FOR States or OF not this or in on FROM technical the of Client list; United “EAR). DATA, 740.17(b) Agreement United using assign whole resident under OR causes country BE the any the LIABILITY BE in permit PARTY by OF under Agreement, THE benefit or under to or or the LIABLE SOFTWARE anti-boycott THE LIABLE that a provided export OR United represents United (b) CONTRACT, PUNITIVE, WILL any (each release the Services BUSINESS, States party REGARDLESS FOR It Export APPLICABLE or this THE States Service data beyond to RELATED may authority to (3) HAD of) any consolidation, DATE it in United third Services. of, any SET Agreement and which ALL TO NOT of laws a part, Crimea- FORM other in STATUTE, States FOR States and export included user WILL not “Force is Control the government BEEN by its to nor THE OF U.S-embargoed Specific party, FORTH prohibited its the DAMAGES EXEMPLARY that (AS EXCEED and States without Smarsh ANY laws OR anyjurisdiction bind, be performance BREACH the or than U.S. of TO ilit will Authorized THE IN Commerce Client export BE OTHER, reasonable control DEFINED ADVISED SERVICES downloaded third Region license OF Majeure Client PROFITS), regulations WHICH or CLIENT’S Classification United and DAMAGES, with, Export LAW, AGGREGATED the ABOVE without as INCIDENT Terms), Government or WHETHER create permit THE the (a) will Reference party permitted embargo, sale ARISING parties’ by OF list will OR or laws RULE, to of OR other States ANY not TOTAL IN OF Users of of any of, IN IS any TO not any the to, and THE of or all, or Page | 85 smarsh Capture. Reveal. Respond.
Event”): (a) acts of God; fb) acts or omissions of any governmental entity; (c) any rules, regulations or orders issued by any governmental authority or any officer, department, agency or instrumentality thereof; (d) fire, storm, flood, earthquake, accident, war, rebellion, insurrection, riot, strikes and lockouts; or fe) utility or telecommunication failures; so long as such party uses reasonable efforts to resume performance after any such Force Majeure Event.
15.4. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict/choice of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Multnomah County, in the State of Oregon, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
15.5. Relationship of the Parties. The parties are independent contractors as to each other, and neither party will have power or authority to assume or create any obligation or responsibility on behalf of the other. This Agreement will not be construed to create or imply any partnership, agency, or joint venture.
75.6. Notices. Any legal notice under this Agreement will be in writing and delivered by personal delivery, express courier, certified or registered mail, postage prepaid and return receipt requested, or by email. Notices will be deemed to be effective upon personal delivery, one fl) day after deposit with express courier, five (5) business days after deposit in the mail, or when receipt is acknowledged in the case of email to Smarsh. Notices will be sent to Client at the address set forth on the Order Form or such other address as Client may specify. Notices will be sent to Smarsh at the following address: Smarsh Inc., Attention: Legal, 851 SW 6th Aye, Suite 800, Portland, OP 97204, or in the case of email, to legaIsmarsh.com.
15.7. Publicity. Smarsh may disclose that Client is a customer of Smarsh.
15.8. Severability; Waiver. Iffor any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. Failure of either party to insist on strict performance of any provision herein will not be deemed a waiver of any rights or remedies that either party will have and will not be deemed a waiver of any subsequent default of the terms and conditions thereof.
15.9. Entire Agreement; Electronic Signatures. This Agreement is the entire agreement between the parties with respect to its subject matter, and supersedes any prior or contemporaneous agreements, negotiations, and communications, whether written or oral, regarding such subject matter. Smarsh expressly rejects all terms contained in Client’s purchase order documents, or in electronic communications between the parties, and such terms form no part of this Agreement. The parties agree that electronic signatures, whether digital or encrypted, or Client’s click-through acceptance of this Agreement, give rise to a valid and enforceable agreement.
15.10. Amendments. Smarsh may amend this Agreement by posting a revised version to www.smarsh.com/legal or at the Services log-in prompt. Client accepts the revised version of this Agreement by either (a) click-through acceptance at the Services log-in prompt; (b) execution of an Order Form incorporating the revised version; or (c) continued use of the Services for 30 days following the earliest notice of such revised version provided to an Authorized User at the Services log-in prompt.
76. IF CLIENT IS LOCATED IN EUROPE, THE FOLLOWING MODIFICATIONS TO THE ABOVE TERMS APPLY:
16.1. Section 72.2 is replaced with the following Section 72.2,and the addition of Sectionsl2.3 and 12.4:
04/09/19 Town Council Meeting Agenda Packet Reference Page | 86 04/09/19 Town smarsh Capture. 16.2. Council from this 16.4 appropriate fraudulent contrary, submit 72.4 excluded Sale servants times 72.2 72.3 time; staff or Nations arising limits license breach (e) profits; negligence, under Reveal. Section consequential loss Agreement Limitation Governing Limitation Notwithstanding of application Meeting its the Respond. or Goods from of ouse to (b) to of Convention 15.4 or liability in nothing or use contract, the amounts (g) loss misrepresentation agents, relation or limited breach or is losses of Act the exclusivejurisdiction applicable on of of replaced Law in shall any in Agenda othis to sales; Consequential loss connection 7979 in Service. Direct respect breach negligence, to paid of and by this liabilities or on computer be or anything contract, this Agreement. or (c) Contracts Agreement. Jurisdiction. with damage. Agreement governed or Damages. Section forum. loss Agreement of of Packet payable the any death with or of or to misrepresentation misrepresentation under Damages. such turnover; following: 2 condition other for the this by Supply Subject of (having or Notwithstanding prevents This the the contrary the other personal or Agreement or equipment International in Agreement its laws English of (d) Subject to as relation been subject liability Goods loss either Sections to of in injury title England this invoiced courts. of, or or (and to or which oany to and matter party or for for or Agreement, and 72.4, caused anything plant; Sale 72.2 loss whether quiet Services any any The and all from cannot in but other and of (whether of (f) other matters other no parties Goods by enjoyment use Wales not wasted 12.4, seeking in event the contract; the Act this neither under yet of, reason) reason) Smarsh’s is negligence agree 7932, liability and arising any such shall paid) Agreement specifically management injunctive applicable implied (i) the party or or shall for liability that either software by out arises (h) liability parties aggregate any: Client excludes the not indirect, of of by party excluded to arises relief (a) that or because law United exceed Section for agree the Reference or for or relating loss party, be other (ii) be in the special due liability or of the data; liable to 1.25 of 72 to to its Page | 87 INDIAN
k. 5M0KEb ‘ . Ph 727.595.4020 Fax 727.596.0050 19305 Gulf Boulevard, Indian Shores, FL 33785 www.myindianshores.com
/ F’. / Memorandum To: Members of Town Council From: Steve Tetlak, CBO 4 Date: April 4, 2019
RE: Building Official’s Report for the Month of March 2019.
1. For the month of March, there were 83 inspections, 50 permits issued, with contract valuations of $471,446.14 and permit fees collected of $17,194.85. 2 Site Plan Reviews were submitted with valuations of $6,845,780.00.
2. There were 3 code violations.
a. 18840 Gulf Blvd — 3/28/2019 i. Debris and overgrown weeds on property. b. 19105 Whispering Pines Dr. — 3/28/2019 i. Fake motorcycle w/ skeleton outside of fenced property. c. 19103 Gulf Blvd — 3/29/2019 i. Debris and dead palm branches on the property.
3. 1 Previous violation was brought into compliance. a. 19726 Gulf Blvd — Complied on 3/27/20 19 i. Vegetation debris and a garbage bag along Gulf Blvd.
Patrick C. Soranno Diantha Schear Mike Hackerson Michael (Mike) Petruccelli William F. (Bill) Smith Mayor Vice Mayor Councilor Councilor Councilor Bonnie Dhonau E. D. Williams Susan 1. Scrogham Freddie G. Lozano Steve Tetlak Regina Kardash, Esq. 04/09/19Town Administrator Town CouncilInterim ChiefMeetingof Police AgendaDirector Packetof Finance Town Clerk Building Official ReferenceTown Attorney Page | 88 and Personnel INDIAN SHORES BUILDING CONSTRUCTION UPDATE April 1, 2019
WATERSDIDE 19915 Gulf Blvd. 6 Units Building 4 Completion date: later part of April 2019.
PALAZZO DEL SOL 18800 Gulf Blvd. Obtained Building Permit on 01/21/2019; starting piling with-in 3 weeks.
COSTA BUILDERS CONDO’S - AVRA 19505 Gulf Blvd. Obtained Building Permit on 02/01/2019. BO spoke with the contractor on 3/20/20 19 and contractor is now coordinating with sub-contractors to get started.
ALOHA BAY 19607 Gulf Blvd. Completion Date: Early August for pool, fencing and landscaping.
REGATTA BAY II 20001 Gulf Blvd. Submitted new site plan and building plans. Reason being, removing the top floor to make it 4 floors instead of 5, made the current plan unworkable.
OCEAN 9 19738 Gulf Blvd. New Condo’s. Obtained demo permit on 3/22/20 19. Asbestos abatement has been completed. Demolition planning to be completed mid-April 2019.
Stephen Tetlak Certified Building Official Town of Indian Shores
04/09/19 Town Council Meeting Agenda Packet Reference Page | 89 INDIAN 5M0RE5 Ph 727.595.4020 Fax 727.596.0050 19305 Gulf Boulevard, Indian Shores, FL33785 www.myindianshores.com
TO: Honorable Mayor Patrick Soranno and Members of Council
FROM: Susan L. Scrogham, CMC, CBTO Director of Finance & Personnel )
DATE: April 4, 2019
RE: Supplemental financial Information for the month of February 2019
Cash account balances as of February 28, 2019: • General Operating Account S 1,921,069.13 • Parking Revenue Account $ 237,526.25
Investment account balances as of February 28, 2019: • FL Municipal Investment Trust $ 1,023,102.93 • FL Cooperative Liquid Assets $ 57,768.37
General Operating Fund Summary: • Total General Fund revenues received are at 64.6% of the FYY8-19Budget. • Ad Valorem tax distributions to the Town are at 87.9% of the budgeted Ad Valorem for FY18-19 a General Fund operating expenses are below trend at 34% over 42%
Capital Improvement Fund Summary: • Capital Improvement revenues received are on target through February. o Infrastructure/Local Option Tax is at 43.1%. • Debt payment (Muni Center mortgage - principal & interest) $14,285.49 • Debt payment (Undergrounding — principal & interest) $273,135.38 • Total Capital Projects expenditures to date: $149,645
Patrick C. Soranno Diantha Schear Mike Hackerson Michael (Mike) Petruccelli William F.(Bill)Smith Mayor Vice Mayor Councilor Councilor Councilor
Bonnie Dhonau E.D.Williams Susan C.Scrogham Freddie G. Lozano Steve Tetlak Regina Kardash, Esq. Town Administrator Interim Chief of Police Director of Finance Town Clerk Building Official Town Attorney 04/09/19 Town Council Meeting Agendaand PersonnelPacket Reference Page | 90 04/09/19 Town
0.41667
Council TOWN OF INDIAN SHORES UNAUDITED FINANCIAL SUMMARY FEBRUARY 28, 2019 Meeting
FY1718 POSITION YTD % ACTUAL YTD % ACTUAL YTD % YTD
CHANGE IN Agenda FUND BUDGET BUDGET YTD REVENUE ACTUAL EXPENSE. ACTUAL FUND BALANCE
Packet GENERAL $ 3,543,241 $ 1,476,350 42% $ 2,289,007 64.6% $ 1,202,690 33.9% $ 1,086,316
ROAD & BRIDGE $ 137,650 $ 57,354 42% $ 11,673 8.5% $ 34,4w 25.0% $ (22,799)
CAPITAL IMPROVMT $ 1,690,024 $ 704,177 42% $ 70,699 $ 494,355 29.3% $ (423,656) —
913012018 restncted for BALANCE baIarce POLICE EDUCATION $ 734 12 $ 72866
BEAUTIFICATION $ 30 416 11 — 37 728 37
. -ii — —_____ Reference Page
https://indianshocesfl . sharepoint.com/Shared Documents/Exceldat/FINANCE - CC, Debt Pymt & MONTHLY REPORT/Monthly FinanciI Reports/MONFY 181 9.xls\FEB | 91 REVENUEIEXPENDITUREREPORT
Pag? 1 4/412019 lawn ofIndn Shores 11:51am
ForthePeriod:101112016to2/2812019 OriginalBud. AmendedBud. ‘(IDActual CURRMTH Encumb.YTD UnencBal% Bud Fund: 001-GENERALFUND Revenues
Dept 000.000 3,541,241.00 3,541,241.00 2,289,006.71 286,665A9 0.00 1,252,234.23 64.6
Revenues 3,541,241.00 3541,241.00 2,289,006.77 286,665.49 0.00 1,252234.23 64.6
Expenditures
LEGISLATIVE 74,815.00 74,815.00 25,428.14 4,483.56 0.00 49386.86 34.0
ADMINISTRATIVE 570,894.00 570,894.00 204,751.06 40,604.12 0.00 366,142.94 35.9
FINANCE 312,654.00 312,654.00 146,842.82 26,922.56 0.00 165,811.18 47.0
BUILDINGMAINTENANCE 119,000.00 119,000.00 41,418.74 9,774.67 0.00 77,581.26 34.8
PARKING 9,000.00 9,000.00 2,004.69 723:86 0.00 6,995.31 22.3
POLICE 1,326,691.00 1,328,591.00 562,015.05 70,30112 0.00 766,675.95 42.3
BUILDING 229,950.00 229,950.00 50,386.55 5,117.17 0.00 179,563.45 21.9
LIBRARY 6,150.00 6,150.00 2,133.74 648.77 0.00 4,016.26 34.7
PUBLICSERVICE 347570.00 347510.00 167,709.66 51,535.11 0.00 179,860.34. 483
TRANSFERS 542,517.00 542,517.00 0.00 0.00 0.00 542,517.00 0.0
Expenditures 3,541,241.00 3,541,241.00 1,202,690,45 210,110.94 0.00 2,338,550.55 34.0
Fund: 011-ROADANDBRIDGE Revenues
Dept 000.000 137,650.00 137,650.00 11,673.05 634.68 0.00 125,976.95 8.5
Revenues 137,650.00 137,650.00 11,673.05 634.68 0.00 125976.95 8.5
Expenditures
PUBLICSERVICE 137,651100 137,650.00 34,471.96 8,4499B 0.00 103,17a.02 25.0
Expenditures 137,650.00 137,650.00 34,471.98 8,449.96 0.00 103,178.02 25.0
Fund: 300- CAPITALIMPROVEMENTFUND Revenues
Dept 000.000 1,690,024.00 1,690,024.00 70,699.23 0.00 1100 1,619,324.77 4.2
Revenues 1,690,024.00 1,690,024.00 70,699.23 0.00 0.00 1,619,324.77 4.2
Expenditures
FINANCE 535,035.00 535,035.00 344,710.44 287,420.87 0.00 190,324.56 64.4
POLICE 87,355.00 87,355.00 0.00 0.00 0.00 87,355.00 0.0
PUBLICSERVICE 1,067,634.00 1,067,634.00 149,644.83 9,616.85 0.00 917,969.17 14.0
Expenditures 1,690,024.00 1,690,024.00 494,355.27 297,037.72 0.00 1,195,668.73 29.3
04/09/19 Town Council Meeting Agenda Packet Reference Page | 92 KVNUhIAhNVI IUK KhF’U1 I Page 2. 414/21 Townof IndianShores 1JS1 am
For thePeriod: 101112018to2/2812019 OriginalBud. AmendedBud. YTDActual CURRMTH Encumb.Y[D UnencB %Bud
GrandTotalNetEffect: 0.00 0.00 639,861.35 -228,298.47 000 -639,861.35
04/09/19 Town Council Meeting Agenda Packet Reference Page | 93
04/09/19
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RICHARDH. SWANN, CHIEFOF POLICE
CARl BITIRICH, INVESTIGATOR,CID
MONTHLYINVESTIGATIONSREPORT—Match, 2019
INDIAN SHORES
REPORT 14 DATE OFFENSE DISPOSITION
1518-15633 11/08/18 VESSELBURGLARY 1 ARREST/ FURTHER INVESTIGATIONPENDING
1519-1615 01/25/19 CC FRAUD OPEN INVESTIGATION
1519-1546 01/24/19 STALKING CLOSED — INJUNCTION ISSUED
1S19-2092 02/02/19 CC FRAUD OPEN INVESTIGATION
1S19-3388 02/25/19 SEX/BAn OPEN INVESTIGATION
REDINGTON SHORES
REPORT14 DATE OFFENSE DISPOSITION
1S19-3995 03/07/19 HOME INVASION OPEN INVESTIGATION
1S18-10653 08/24/18 GRAND THEFT INVESTIGATIONRE-OPENED
IS19-1420 01/22/19 EXTORTION OPEN INVESTIGATION
1S18-7769 07/11/18 CC FRAUD INVESTIGATIONRE-OPENED
519-2638 02/12/19 SCHEME/DEFRAUD OPEN INVESTIGATION
1S19-3516 02/22/19 SCHEME/DEFRAUD OPEN INVESTIGATION
‘,P,0tt &wt, 04/09/19 Town Council Meeting Agenda Packet Reference Page | 96