Subject:
Title
Interlocal Agreement with the City of Clearwater for implementation of an Anchoring Limitation Area in Mandalay Channel within City boundaries, established pursuant to a companion County ordinance.
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Recommended Action:
Recommended Action
Approval of the Interlocal Agreement (ILA) with the City of Clearwater (City) for implementation of an Anchoring Limitation Area (ALA) in Mandalay Channel within City boundaries, established pursuant to a companion County ordinance.
• Pursuant to F.S. § 327.4108(2)(a), only counties - not municipalities - can establish ALAs; hence the companion County ordinance establishing the ALA.
• The County should execute the ILA only if the companion County ordinance is adopted, and the ALA is not struck from the County ordinance during the public hearing.
• The ILA requires the City to implement and enforce the ALA. This primarily entails compliance with State permit requirements for the markers identifying the ALA. As the adopting entity, the County will apply for such State permits after the ILA is fully executed.
• The ALA is located in Mandalay Channel to the immediate northwest of Dolphin Point and is approximately ninety-two acres in size.
• Either party may terminate the ILA for any reason upon thirty days’ notice to the other party. If the ILA is terminated, the County will presumably repeal the ALA. In such instance, the City will be required to remove any markers at its own expense.
• The ILA does not require expenditure of any County funds.
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Strategic Plan:
Ensure Public Health, Safety and Welfare
2.1 Provide planning, coordination, prevention, and protective services to create and enhance a safe, secure, and healthy community
Practice Superior Environmental Stewardship
3.2 Preserve and manage environmental lands, beaches, parks, and historical assets
Foster Continual Economic Growth and Vitality
4.6 Support a vibrant community with recreation, arts and culture to attract residents and visitors
Deliver First-Class Services to the Public and Our Customers
5.1 Be responsible stewards of the public’s resources
5.4 Strive to serve the needs of all Pinellas County residents and customers
Summary:
Summary
The ILA is a companion item to a County ordinance establishing the ALA, which is located in Mandalay Channel to the immediate northwest of Dolphin Point and is approximately 92 acres in size. The companion County Ordinance and associated staff report better describe the parameters around ALAs - which are authorized by recent State legislation - including the subject ALA. After the Ordinance is adopted and the ILA is fully executed, the County will apply for State permits to mark the ALA. Significantly, the ILA requires the City to install and maintain the markers and satisfy any other State permit conditions. If the City fails to do so, the County may repeal the ALA and terminate the ILA. In such instance, the City must remove the markers at its own expense.
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Background Information:
The City requested the County to establish the ALA. The County agreed to do so on the condition that the City enter into the ILA. The ILA works hand-in-hand with the companion County Ordinance. As noted, the ILA does not necessitate any County expenditures. Moreover, the ILA provides liability protection for the County if any claims are filed due to damage caused by the markers.
Fiscal Impact:
N/A
Staff Member Responsible:
Kelli Hammer Levy, Director, Public Works
Brendan Mackesey, Senior Assistant County Attorney
Partners:
City of Clearwater
Attachments:
Interlocal Agreement with Exhibit A (ALA and Map)
ALA with Exhibits A - B