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06/16/2008 CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER June 16, 2008 Present: Frank Hibbard Mayor. George N. Cretekos Vice-Mayor Carlen Petersen Councilmember John Doran Councilmember Paul Gibson Councilmember Also present: William B. Horne II City Manager Jill S. Silverboard Assistant City Manager Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 1:30 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Presentations Service Awards Three service awards were presented to City employees. The Employee of the Month Award for June 2008 was presented to Karen Dombrowski, Office of Management & Budget. FWEA 1st Place Safety Awards presented to Roger Hooey, Loren Pratt and Jack Sadowski The FWEA (Florida Water Environment Association) 1st Place Safety Award was presented to Roger Hooey, Loren Pratt, and Jack Sadowski. Council recessed from 1:39 to 1:49 p.m. to meet as the CRA (Community Redevelopment Agency) and the Pension Trustees. Fire Department Award a contract (Purchase Order) for $307,560 to Ten-8 Fire Equipment, Inc., 2904 59th Avenue Drive East, Bradenton, FL for two (2) Medtec Transport Ambulances in accordance with Sec. 2.564(1)(d), Code of Ordinances – Other governmental bid, authorize lease purchase under the City’s Master Lease Purchase Agreement and authorize appropriate officials to execute same. (consent) These ambulances will be purchased through the Florida Sheriff’s Association & Florida Association of Counties Contract 07-07-0828 in quote dated June 4, 2008. Council Work Session 2008-06-16 1 Lease purchase funding in the amount of $250,000 for the purchase of two vehicles is budgeted in capital improvement project 316-91236, Rescue Vehicles. A third quarter-year budget amendment will reflect an increase of $57,560 in lease purchase financing to this project to provide for the balance of this contract. Debt costs on the additional funds will come from operating savings within the department. The current funding in project 316-91236 was made available for the purchase of two rescue vehicles. The budget amendment will reflect a change in scope to allow the purchase of transport capable rescue vehicles due to a change in department strategic goals. These vehicles will replace two existing rescue vehicles, which the department will request to be declared surplus. Estimated annual operating costs budgeted in the department’s operating budget include debt costs of $68,020 and garage charges for operating and maintaining the vehicles. Garage charges on the new vehicles are expected to be less than the vehicles being retired. In response to a question, Fire Chief Jamie Geer said the rescue vehicles are obsolete and will require costly repairs. The upgraded units will be useful for disaster response. Finance Director Margie Simmons explained the City lease purchases vehicles as it can borrow money at a lower interest rate than currently being earned. Library Approve the lease of the cafe space in the Clearwater Main Library to Mr. Bernard F. Dillman for a term of five years, with a five-year renewal unless either party provides written notification of termination and authorize the appropriate officials to execute same. (consent) After a review of the responses to the RFP (Request for Proposals), a committee of library and City staff and community residents selected Mr. Dillman to operate a café in the Atrium space in the Clearwater Main Library. The contract covers a term of five years and a five-year renewal, at a base rent of $500 a month plus 5% of sales above $2,000 a month. The lease cannot be assigned. The lessee will be responsible for obtaining permits for and constructing build out of the facility. He is also responsible for providing all the necessary equipment. The City is responsible for utility costs. The menu will include soup, salads and sandwiches. Mr. Dillman expects to be a hands-on owner/manager who will closely oversee the operation. In response to a question, Library Director Barbara Pickell said Mr. Dillman is eager to open the café in July. The menu will be limited as there is no ventilation for an oven. The café is required to be open until 5 p.m. but Mr. Dillman has indicated he will be open when the Library is. Ms. Pickell said café sales with the previous vendor were in the $2,000 a month range. Concern was expressed that the base lease is more than that for the previous vendor. It was remarked that the vendor proposed the higher rate. Parks and Recreation Council Work Session 2008-06-16 2 Approve Amendment to Agreement between the City of Clearwater and Global Spectrum, L.P. for management services from September 30, 2009 to December 31, 2010, and that the appropriate officials be authorized to execute same. (consent) On August 4, 2005, the City Council approved a new management agreement with Global Spectrum to provide oversight and administration for the Harborview Conference Center until September 30, 2009. The new agreement has worked well over the past 3 years, with both the City and Global profiting from the new arrangements. Studies are being conducted on the long-term use of the Harborview property but will not be ready for action until late 2009, therefore, in order to continue the smooth operations of the center the Council has directed staff to extend the current contract by 15 months or until December 15, 2010. All other terms of the agreement remain the same with the exception of the monetary items in the agreement being pro-rated for the last 3 months of the agreement in an equitable fashion representing 25% of the yearly amounts for the City Cash Subsidy and the maximum amount of loss Global is responsible for. Staff is in the process of trying to work out a similar agreement with Stein Mart. Budget Director Tina Wilson reviewed proposed program reductions in the General Fund. Budget items were separated into three tiers. Staff is confident that the property tax statistics provided by the Property Appraiser in May and June will remain the same when submitted on June 30. She said in order to release the budget in two weeks no further changes can be made at this time. Consensus was not to make any changes to the proposed budget until the normal budget process. Assistant City Manager Rod Irwin said staff met with four development firms that specialize in lifestyle mixed use developments. The firms felt the economy, site constraints, parking issues, location, and access affect the ability to redevelop the Harborview Center site. They also felt it would be difficult to develop the site as a destination for retail due to mass and density limitations. Other suggestions were to demolish the Harborview Center and create a grand entrance to Coachman Park, focus more on Cleveland Street, or continue to operate Harborview and monitor the success of the downtown. If the site were redeveloped as a mid- range conference center with a hotel, it would require off-site parking. Mr. Irwin said as Stein Mart has a new real estate director, staff does not know yet if SteinMart intends to renew their lease in September 2009. Discussion ensued with comments that if the Harborview Center were closed, the City would still incur ongoing capital costs for the site and that the location is not feasible for a convention center due to transportation issues. It was felt a cutoff date for bookings at the Harborview Center needs to be set. Parks & Recreation Director Kevin Dunbar reviewed Harborview Center revenues and expenses. He said if the Harborview Center remains open for another five years, operations Council Work Session 2008-06-16 3 could be handled with existing funds. Revenues have increased over the last two years. The City’s agreement with Pickles Plus requires they be reimbursed for lost business should Stein Mart leave and no new equal tenant moves in, and for costs associated with termination of their contract. It was remarked that municipal conference centers provide benefits to their residents and always require subsidies. It was noted, if the facility closed, the City would continue to incur costs. It was suggested the building be demolished and Coachman Park expanded. Concern was expressed regarding extending Global’s contract until 2010 due to the uncertainty of the Stein Mart lease. Consensus was to defer a decision regarding the amendment to the agreement with Global until more information regarding Stein Mart’s intentions is provided. Council recessed from 3:03 to 3:11 p.m. Approve amending Purchase Order (ST104168) to Wannemacher Russell Architects, Inc. of St. Petersburg, Florida in the amount of $175,185, for a total of $275,185, to complete the design and permitting of the Carpenter Complex Clubhouse Renovations and approve establishing a new CIP (315-93606) in the amount of $3 million to be funded from General Fund retained earnings. The four field Carpenter Complex was originally developed in partnership with the Philadelphia Phillies over 40 years ago to be the main spring training facility for the Phillies. Their spring games were played at Jack Russell Stadium but the majority of the team work was done at Carpenter. In the early 1990’s the City made some much needed renovations to the clubhouse in order to accommodate the needs of the Phillies. Since that time, the City, Pinellas County, State and Phillies have invested heavily into the Bright House Networks Field and committed to a long-term agreement with the City. The Phillies have year round baseball operations at the Carpenter Complex and as such, have severely outgrown the existing spaces. Due to the increase in use of the facilities and growth in the number of players and coaches utilizing the Carpenter Clubhouse there is a need to increase the size and provide for modernization of the clubhouse to bring it to current major league standards. Staff is recommending this renovation project totaling $3,500,000 with the City funding the first $3,000,000. In addition, the Phillies will assume the year round ballfield and custodial maintenance of the facility as well as be responsible for traffic and public safety during spring training beginning in FY 2010. Total annual savings to the general fund budget will be $219,330 for the remainder of the lease period with the Phillies, which is 15 years. The present value of that savings over the 15 years using a 4% discount rate is $2.4 million. An amendment to the existing Carpenter Complex agreement will be forthcoming with the Phillies to reflect all of the changes and modifications needed to support this agenda item. Major elements of this project will be to enlarge the coaches locker room, restrooms, meeting rooms; provide larger and enhanced kitchen and feeding facilities, new office areas, Council Work Session 2008-06-16 4 storage facilities, a second floor totaling 5,650 square-feet in size to house additional offices, conference room, restroom and observation areas. A purchase order to Wannemacher Russell Architects, Inc. in the amount of $100,000 was approved by staff for the conceptual drawings and 30% design drawings. The additional amendment to the P.O. of $175,185 is needed to complete the contract, which will include 60%, 90%, and 100% design and specifications, cost estimates, civil engineering, permitting, threshold inspection, bidding and project management. The City will provide landscape and irrigation plans as well as handle miscellaneous construction related costs like geotechnical services, permit fees, public art fee etc. for a total estimated budget of $3,500,000. The project design schedule calls for the design, permitting, bidding and award of contract to be completed during calendar year 2008 with the construction commencing May 2009 to be ready for spring 2010. There will be no increase in operating budgets and staffing levels due to the fact that the Phillies will pay for all of these costs. Mr. Dunbar said the Phillies want to start renovations in May 2009. The expected completion date is January 2010. He said the Phillies bring over $40 million a year to the City’s economy. He reviewed rents paid to the City for Carpenter Field and Brighthouse Networks Field. He said the Phillies are in their fifth year of a 20-year agreement with the City. They just completed their 64th year of spring training in Clearwater. In response to a question, he said the State provides statistics regarding the value of spring training to communities. He said the Phillies have made Clearwater their second home. Mr. Dunbar said the addendum to the lease would protect taxpayers. The Phillies are responsible for security inside the ballpark. The City is responsible for security outside the ballpark. Finance Director Margie Simmons said there is another 25 years on the 30-year bond issue for the stadium. Discussion ensued with concern that the City’s share to fund the project would be taken out of retained earnings. It was noted that the Phillies are responsible for project over runs and will be taking over a lot of the operation, and that it is unlikely they would want to leave Clearwater. Approve the term sheet establishing the basis for negotiations for possible City acquisition of 5.7 acres owned by Clearwater Country Club Management, Inc. and amendment of the current Lease Agreement between the City and CCC. The City of Clearwater and Clearwater Country Club Management, Inc. (CCC) currently have a Lease Agreement for CCC to operate the City’s public golf course located at 525 Betty Lane North, which will expire April 30, 2032. CCC currently owns 5.7 acres, including parking and the clubhouse, which is surrounded by the City’s golf course, which CCC operates on behalf of the City. This term sheet establishes a basis for the negotiations for the City to purchase the 5.7 acres including all improvements and to amend the existing Lease Agreement between the City and CCC. Council Work Session 2008-06-16 5 The approval of the term sheet will not bind the City as the sale and purchase agreement and lease amendment will come back to the Council at a future date. The basic components of the term sheet are as follows: The City to purchase the 5.7-acre clubhouse parcel for approximately $2,025,000 and satisfy certain membership obligation notes of $110,000. Annual lease payment to the City of $200,000. Establishment of a $50,000 CIP, administered by the City at its sole discretion. The City will procure turf maintenance supplies for use at the golf course and be reimbursed. Implementation of these two agreements will bundle all assets of the course under one ownership and provide increased savings to the overall operation. If approved, funding for the purchase and satisfying the obligation notes may come from General Fund retained earnings. In response to a question, Mr. Dunbar said the lease could be terminated for municipal purposes or performance issues. CCC currently pays the City approximately $22,000 a year, pays property taxes, and is responsible for employees and operational costs. He said the City wants to pay off the note on the property. In response to a question, City Attorney Pam Akin said the City subordinated the lease to CCC’s mortgage. If CCC defaults, the bank could substitute another operator. Discussion ensued with concern expressed that if CCC does not service the debt, the City could potentially lose control of the operation, and that this is a strategic parcel for the City as it is surrounded by City-owned property. Mr. Dunbar said some CCC members invested their own dollars in the golf course and received promissory notes. Staff met with CCC regarding their plans for operational changes. CCC plans include an effort to becoming more of a public golf course. Members would still be able to reserve preferred tee times. Mr. Dunbar said as membership has decreased by 50%, more greens and better tee times are available to the general public. The majority of revenues are now generated by greens fees. He said staff’s focus is to ensure the building is maintained. CCC has its own CIP for restorations and procurement of equipment. Mr. Dunbar said other operators have expressed an interest in taking over operations should CCC be unsuccessful. Police Approve discontinuing the Police Park Patrol Program as of June 19, 2008. In response to complaints of nuisance and criminal activity in City parks and subsequent to public discussions with the City Council, the Police Department implemented a 6-month pilot Park Patrol Program on December 1, 2007. Council Work Session 2008-06-16 6 Prior to the implementation of the program, letters were sent to those neighborhood associations adjacent to City parks informing them of the program and providing instructions on how to notify police of ongoing nuisance or criminal activity in their park utilizing the C-TRACS system. Additionally, the program was publicized via the Blueline CPD television program on C- View TV and received media coverage from local television stations and the St. Petersburg Times. Despite this publicity, almost all police activity in the Park Patrol Program has been self- initiated by the assigned officers. For the five (5) month period ending April 30, 2008, Park Patrol Officers worked a total of 152 four-hour shifts, made 32 arrests on various charges, enforced 28 traffic infractions, wrote 125 offense/incident reports and made direct contact with over 300 individuals. Park Patrol Officers focused on 23 specific parks and public spaces. Of the 32 arrests, only 2 were for felonies and the majority (21) were for City ordinance violations such as open alcohol violations. The majority of the offense reports written were Field Interview Reports – a non-criminal report documenting the officer’s contact with a citizen. The cost of the program is averaging $1,436 per week, or $24,415 to extend through the end of September 2008. Annual cost for 2008/2009 is estimated at $74,672. Although citizens who have made contact with the Police Department or the officers on Park Patrol have been supportive and appreciative, due to budget constraints, it is no longer prudent for the Police Department to allocate funding for the program in the current year budget or in the 2008/2009 operating budget. The Police Department proposes that the City return to having on-duty patrol officers and community policing officers patrol the parks as time and resources allow, supplemented by AmeriCorps members and volunteers. The pilot Park Patrol Program will be continued through the City Council meeting of June 19, 2008 pending direction from the Council on this item. In response to a question, Chief Klein suggested the program be discontinued. He said services could be provided using on-duty patrol officers, community policing officers, and Americorps members and volunteers. All program costs were overtime. Consensus was to eliminate the program. Engineering Approve a contract for the Clearwater Bayfront Promenade (05-0008-MA) to Misener Marine Construction of Tampa, Fl, in the amount of $1,480,139.28 and authorize the appropriate officials to execute same, and authorize staff to initiate financing of the project. (consent) The Clearwater Bayfront Promenade (05-0008-MA) will be built on the existing pilings from the old Memorial Causeway Bridge. The pilings were left behind during the bridge demolition to support this future project. The structure will consist of a 200-foot by 32-foot concrete deck for pedestrian use over Clearwater Harbor. This project will also bring utilities (water/sewer & electric) to the sea wall, in advance of the Downtown Boat Slip project. Construction of the Promenade is tentatively scheduled to begin in July 2008 with a 180-day construction period. Construction of the Downtown Boat Slips project is expected to begin in January 2009, following completion of the Promenade. Council Work Session 2008-06-16 7 In response to a question, Engineering Director Mike Quillen said staff informed Council of project costs when the boat slips were brought forward. Upland improvements increased project costs. Planning Approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines that allow for increased height for overnight accommodation uses being allocated additional density via the Hotel Density Reserve in limited locations, and modify the Design Guideline governing the theoretical maximum building envelope as it pertains to overnight accommodation uses being allocated additional density via the Hotel Density Reserve, and Pass Ordinance 7967-08 on first reading. At its meeting of March 31, 2008, the City Council approved on first reading amendments to Beach by Design that established the Hotel Density Reserve and its allocation criteria. In its discussion on the amendments, the City Council recognized that additional height might be necessary in certain circumstances in order to accommodate the additional density that may be allocated. In addition, the City Council noted an existing design guideline that could prevent hotels from being able to accommodate in its design all of the hotel rooms that it may otherwise be able to have allocated from the Reserve. Based upon the above, the Planning Department is recommending the following amendments to Beach by Design: Section VII. Design Guidelines; Subsection B. Height: Allows for the maximum height to be increased to 150 feet if additional density is allocated to the development via the Reserve, but only for those properties located between South Gulfview Boulevard and the Gulf of Mexico or located on the west side of Coronado Drive. Section VII. Design Guidelines; Subsection C. Design, Scale and Mass of Buildings: Allows for 75% of the theoretical maximum building envelope to be occupied by a building for those hotels on less than 2.0 acres that have been allocated additional density via the Reserve. The staff report and Ordinance 7967-08 contain further analysis and information on the proposed amendment. The Community Development Board (CDB) will review the proposed text amendments at its pubic hearing of June 17, 2008. The recommendation of the CDB as well as any comments of the Board will be presented to the Council at the meeting. In response to a question, Planning Director Michael Delk said project heights of 100 feet require 100 feet between towers. He said all projects require a design review. Assistant Planning Director Gina Clayton said the Tourist District was intended to be urban with smaller setbacks. Discussion ensued with comments that buildings should not be developed on top of one another and that view corridors are important. Opposition was expressed regarding increasing Council Work Session 2008-06-16 8 mass, lessening setbacks, and allowing 75% of the maximum building envelope for hotels on less than 2.0 acres. Official Records and Legislative Services Appoint the Neighborhood and Affordable Housing Board as the Affordable Housing Advisory Committee and provide for member terms for the State Housing Initiatives Partnership (SHIP) program, adopt Resolution 08-15 and pass Ordinance 7981-08 on first reading. During the 2007 legislative session, the Florida legislature passed House Bill 1375 requiring counties and cities receiving State Housing Initiatives Partnership (SHIP) funds to re- establish the local affordable housing advisory committee and its new duties. The statute further provides that the committee be made up of eleven (11) members. The statute requires that the City amend its existing housing committee ordinance, and that the eleven members be appointed by resolution no later than June 30, 2008. The eleven members must represent a specific industry or a specific group. The Resolution appoints the existing Neighborhood and Affordable Housing Board [NAHAB] members to the Committee and also names new persons who will be both NAHAB and Committee members. The required groups and recommended individuals are listed below: Residential home building: Donald Brackett Banking industry/mortgage: Samuel F. Davis Area of labor engaged in home building: Nick Pavonetti Advocate for low-income person: Lisa Hughes For-profit-provider of affordable housing: Peter Leach Not-for-profit provider of affordable housing: Kip Courriveau Real estate professional engaged in affordable housing: Peggy Cutkomp Member of the local planning agency: Jordan Behar Clearwater resident: Josephine Carbone and Laurel Braswell Employers representative: TBD Essential Services representative: Tony Longhorn The new duties of the Affordable Housing Advisory Committee shall include reviewing policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing, or the adoption of the new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend local government comprehensive plan and corresponding regulations, ordinances, and other policies. The initial report must be submitted to City Council by December 30, 2008. After the initial submission, the reports are due triennially on December 31 of the year preceding the submission of the local housing assistance plan. The report shall evaluate the implementation of affordable housing incentives in the following areas: a) The processing of approvals of development orders or permits, as defined in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects; b) The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing; c) The allowance of flexibility in densities for affordable housing; d) The reservation of infrastructure capacity or housing for very-low income persons, low-income persons, and moderate-income persons; e) Council Work Session 2008-06-16 9 The allowance of affordable accessory residential units in residential zoning districts; f) The reduction of parking and setback requirements for affordable housing; g) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing; h) The modification of street requirements for affordable housing; i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing; j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing; and k) The support of development near transportation hubs and major employment centers and mixed-use developments. The City is responsible for staffing, administering, and providing facility support to the committee. The City is also required to make all meetings and records public. The initial report must be submitted to City Council by December 30, 2008 and triennially thereafter. In response to a question, Assistant City Attorney Leslie Dougall-Sides said the resolution states there be at least 11 members. Economic Development & Housing Director Geri Campos Lopez said the committee will provide a report to Council so that Council can take action on those items they feel would be beneficial and should be included in the Local Housing Assistance Plan. Discussion ensued with comments that this is another unfunded mandate. Consensus was to change the resolution to reflect a minimum of 11 committee members. Council Discussion Items Bed Tax Resolution It was reported that the President of the BIG-C drafted a bed tax resolution requesting municipalities’ input. The TDC (Tourist Development Council) also had a lengthy discussion regarding the bed tax at their last meeting. Discussion ensued with comments that the process regarding allocation of the pennies involved is complicated, that Clearwater is the largest contributor to the bed tax and would like justification regarding where the pennies are being allocated, and that the federal government feels that beach renourishment is a state obligation. The City Manager said Lee Daniels from the TDC has agreed to attend Thursday night’s Council meeting to provide information regarding the bed tax. It was remarked that the Tampa Bay Rays have requested the opportunity to speak at a Council meeting. Staff will try to schedule them for Thursday’s Council meeting. Short-term Rentals Assistant City Manager Jill Silverboard said this item involves possible alternatives related to additional requests for grandfather status for short-term rentals. Mr. Delk said there is an issue with a few single-family homeowners on north Clearwater beach that were not party to the Allbritton lawsuit. Ms. Dougall-Sides said the declaratory judgment only applies to those involved in the lawsuit. Ms. Akin said during the court case, if a plaintiff could prove a property Council Work Session 2008-06-16 10 was ever rented, the judge granted the property owner grandfather status. He did not require the property owner to demonstrate a continuous rental pattern. She said the City’s administrative process is more stringent. Mr. Delk said he reviews requests related to nonconformity standards. He said applicants can appeal his decision to the CDB, then to the Circuit Court. Ms. Dougall-Sides said if the parties that have recently come forward decide to sue and they prevail, the City would incur costs. Discussion ensued. It was felt that as affected parties were told they had to be a party to the Allbritton lawsuit in order to seek grandfather status, it would not be prudent to allow parties who did not participate in the lawsuit to receive grandfather status now. It was remarked that some people have expressed anger that the City is not doing a good job of enforcing Code. Development & Neighborhood Services Director Jeff Kronschnabl said the City does not have the ability to enforce the Code at the levels requested with the current resources. Ms. Dougall-Sides said staff has informed the parties that have come forward recently that they would not be grandfathered in and would have to sue the City. Ms. Silverboard said staff has discussed the alternative, which is standard enforcement of the existing ordinance and the City’s ability to carry the burden of proof in a code enforcement matter versus a lawsuit. It was suggested that the Assistant City Attorney and Planning Director meet with the Clearwater Beach Association regarding enforcement of short term rentals. Other Council Action Councilmember Doran said PPC staff is recommending approval of the amendments to Beach by Design regarding the density pool for overnight accommodations as approved by Clearwater City Council except with a cap of 150 units per acre. They also perceived a discrepancy between the City’s traffic study and the MPO’s LOS Report and requested that it be reconciled. The City Manager, staff, and PPC staff have discussed the request and are agreeable. Based on that reconciliation, the PPC also requested the Countywide Conservancy Management Program be employed to assess the traffic impacts to determine if there are deficiencies that the City can identify and mitigate. He said only on very small parcels would the difference between 175 and 150 units make a significant impact. Consensus was that Councilmember Doran tell the PPC, the City supports its suggested changes. Adjourn The meeting adjourned at 5:18 p.m. Council Work Session 2008-06-16 11