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09/15/2008WORK SESSION AGENDA Council Chambers - City Hall 9/15/2008 - 1:30 PM 1. Presentations 1.1 Service Awards LB Attachments 1.2 Police Recruit Swearing In 10 Attachments 2. Office of Management and Budget 2.1 Adopt Ordinance No. 8004-08 on second reading, declaring the millage rate to be levied for the fiscal year beginning October 1, 2008 and ending September 20, 2009, for operating purposes including the funding of pensions, debt service and road maintenance for capital improvement expenditures at 4.7254 mills. LB Attachments 2.2 Adopt Ordinance No. 8005-08 on second reading, adopting an operating budget for the fiscal year beginning October 1, 2008 and ending September 30, 2009; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authored; authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. IB Attachments 2.3 Adopt Ordinance No. 8006-08 on second reading, adopting the Capital Improvement Program budget for the fiscal year beginning October 1, 2008 and ending September 30, 2009; approving the six-year Capital Improvement Program which shall be reevaluated at the beginning of each fiscal year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement Program; appropriating available and anticipated resources for the projects identified. 0 Attachments 2.4 Amend the City's fiscal year 2007/08 Operating and Capital Improvement Budgets at Third Quarter and pass Ordinances 7995-08 and 7996-08 on first reading. LB Attachments 3. Economic Development and Housing 3.1 Approve an Agreement with the Clearwater Regional Chamber of Commerce (CRCC) for tourism services in Fiscal Year 2008-2009 in return for funding in the amount of $190,000 and authorize the appropriate officials to execute same. (consent) 1B Attnchmentc 4. Financial Services 4.1 Approve a not to exceed amount of $500,000, to pay Gallagher Bassett Services, Inc., for workers' compensation claims due and payable for the period October 1, 2008 to September 30, 2009. (consent) 10 Attachments 4.2 Award a contract to The Bancorp Bank/dba Mears Motor Leasing to provide a $30,000,000 line of credit to cover all planned lease purchase of equipment acquired in the next five fiscal years starting October 1, 2008, authorize all uncompleted equipment acquisitions previously approved for financing under the current agreement with SunTrust to be financed under this new agreement, authorize the appropriate officials to execute the same, and adopt Resolution 08-23 authorizing the City to be reimbursed from tax- exempt proceeds. LB Attachments 4.3 Approve payment of insurance premiums up to $665,000, with effective dates beginning October 1, 2008 to September 30 2009, and authorize the appropriate officials to execute same. (consent) 10 Attachments 5. Gas System 5.1 Approve the second and final renewal of the contract (Purchase Order)with Mastec North America, Inc., 7221 East Martin Luther King Jr. Boulevard, Tampa, FL for the period October 1, 2008, to September 30, 2009, for the Installation of Gas Mains and Service Lines in the amount of $1,098,750 and authorize the appropriate officials to execute same. (consent) 10 Attachments 6. Parks and Recreation 6.1 Award a contract to Purvis Curbs of Largo, Florida for $200,000 for materials and labor to install various concrete projects throughout the year (Bid 33-08)and authorize the appropriate officials to execute same. (consent) 1B Attachments 7. Police 7.1 Approve assignment of the Hispanic Outreach Center Lease Agreement with YWCA of Tampa Bay to Pinellas Core Management Services, Inc.; terminate YWCA contracts providing 1) Operacion Apoyo Hispano services, 2) Human Trafficking advocacy services and 3) Human Trafficking Immersion training and approve contracts with Pinellas Core Management Services to provide these services using funding remaining in the 2006 Edward Byrne Memorial Justice Grant, the 2006 Bureau of Justice Assistance Grant for Human Trafficking and the 2008 Bureau of Justice Human Trafficking Immersion Learning Grant and authorize the appropriate officials to execute same. 10 Attachments 7.2 Approve acceptance of a FY 2008 U.S. Department of Justice, Bureau of Justice Assistance (USDOJ/BJA) Edward Byrne Memorial Justice Assistance grant in the amount of $30,414 to fund the purchase of Tactical Weapons Illuminators and Holsters. (consent) 1B Attachments 8. Solid Waste/General Support Services 8.1 Award a Contract (Blanket Purchase Order) for $530,000 to M/A-COM Private Radio Systems of Lynchburg, VA for the Quarterly Payments during the period of 10/01/08 through 9/30/10 toward the 20 Year Maintenance Agreement approved by Council on June 20, 2002 and authorize the appropriate officials to execute same. (consent) 10 Attachments 9. Engineering 9.1 Accept a Water Main and Hydrant Easement containing 5,075 square feet, more or less, conveyed by Mary Salinas Huber, as Trustee of the Church of Scientology Religious Trust, over, under and across a portion of OAK COVE, A COMMERCIAL CONDOMINIUM (COMMON ELEMENT), in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 1B Attachments 9.2 Approve an amendment to the lease with COTEL Inc., LLC to increase the rent by $14,700 annually, for a new annual total of $44,100 and authorize appropriate officials to execute same. (consent) 10 Attachments 9.3 Approve amendment to the Interlocal Agreement between Pinellas County and its NPDES Co-Permittess for the design, implementation, operation and maintenace of the ambient water quality monitoring program at a cost to the City of $36,000. (consent) 10 Attachments 9.4 Approve a contract to Thompson Well anad Pump, Inc. of DeLand, Florida, for the construction of 13 wells including aquifer testing of 3 wells for Reservoir 2 - RO Plant Project (06-0055-UT) in the amount of $790,526.31, which is the lowest responsible bid in accordance with specifications and authorize the appropriate officials to execute same. (consent) ID Attachments 9.5 Accept a 242 square foot Drainage & Utilities Easement conveyed by Nicholas J. Southard and Betty A. Southard, over, under and across a portion of Lot 16, FAIR OAKS SUBDIVISION FIRST ADDITION, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 1B Attachments 10. Planning 10.1 Approve a Future Land Use Plan Amendment from the Residential Medium (RM) Category to the Recreation/Open Space (R/OS) Category, and a Zoning Atlas Amendment from the Business (B) District to the Open Space/Recreation (OS/R) and Preservation (P) Districts for property located at 1551 Gulf Boulevard (consisting of a portion of Section 19, Township 29 South, Range 15 East in Metes and Bounds 43/01); and Pass Ordinances 7973-08 and 7974-08 on first reading. (LUZ2008-05002) 10 Attachments 10.2 Approve a Zoning Atlas Amendment from Business (B) District to the High Density Residential (HDR) and Preservation (P) Districts for property located at 1170, 1180, 1200, and 1226 Gulf Boulevard (consisting of a portion of Section 17, Township 29 South, Range 15 East in Metes and Bounds 33/021 and Pass Ordinance 7976-08 on first reading. (REZ2008 -05003) 10 Attachments 10.3 Approve a Zoning Atlas Amendment from Business (B) District to the High Density Residential (HDR) District for property located at 1520, 1540, and 1560 Gulf Boulevard (consisting of a portion of Section 19, Township 29 South, Range 15 East and Pass Ordinance 7977-08 on first reading. (REZ2008-05004) 1B Attachments 10.4 Approve a Zoning Atlas Amendment from Business (B) District to the Medium Density Residential (MDR) and Preservation (P) Districts for property located at 1501 Gulf Boulevard (consisting of a portion of Section 19, Township 29 South, Range 15 East in Metes and Bounds 43/01 and Pass Ordinance 7978- 08 on first reading. (REZ2008-05005) 1B Attachments 10.5 Short-Term Rental Policy Update (WSO) 12 Attachments 11. City Manager 11.1 Report on negotiations regarding public - private beach parking garage. ID Attachments 12. Official Records and Legislative Services 12.1 Approve amendments to Sections 2.061 through 2.069, Advisory Board Generally and delete Article 2, Divisions 3 and 4, Beautification Committee and Community Relations Board in their entirety and pass Ordinance 8003-08 on first reading. 1B Attachments 13. Legal 13.1 Adopt Ordinance No. 7929-08 on second reading, amending Appendix A, Article 25 regarding Solid Waste rolloff container fees. 10 Attachments 13.2 Adopt Ordinance No. 7950-08 on second reading, making amendments to the Comprehensive Plan of the City by amending the utility element to update the City of Clearwater's Water Work Plan in accordance with the updated Southwest Florida Water District's Regional Water Supply Plan. 1B Attachments 13.3 Adopt Ordinance No. 7984-08 on second reading, amending Chapter 2, Article IV, Division 4, Code of Ordinances, regarding employee travel. 1B Attachments 13.4 Adopt Ordinance No. 7997-08 on second reading, amending the Community Development Code to adopt criteria by which sandwich board signs may be permitted in certain areas, providing a fee for such signage, and making other minor editorial changes. 1B Attachments 13.5 Royalty Theater ID Attachments 14. City Manager Verbal Reports 14.1 City Manager Verbal Reports LB Attachments 15. Council Discussion Items 15.1 Sandwich Boards on the Beach 1B Attachments 16. Other Council Action 16.1 Other Council Action LB Attachments 17. Adjourn 18. Presentation(s) for Council Meeting 18.1 2008 End of Session Report - Senator Charlie Justice and Representative Ed Hooper 1B Attachments 18.2 FDOT Presentation of Safety Improvements for U.S.19 from Sunset Point to Enterprise Road ID Attachments 18.3 Proclamation: September is Lukemia, Lymphomia and Myeloma Month 10 Attachments 18.4 Employee of the Month - Louis Corona, Police Department LB Attnchmentc Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Robert Lane Customer Service John Stone Solid Waste/General Svcs/Fleet Suzanne Wakefield Customer Service Mitch Arnold Parks & Recreation 10 Years of Service William Horne 11 City Manager Marco Ortega Parks & Recreation James Geary Customer Service Bernadette Weiers Library Anna (Paula) Chaplinsky Library 15 Years of Service George Elfter Solid Waste Eric Hannah Solid Waste John Murray Solid Waste Susan Burns Police 20 Years of Service Randall Britt Public Utilities 35 Years of Service Howard Selig Parks & Recreation Review Approval: 1) Clerk Meeting Date:9/15/2008 Cover Memo Item # 1 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Police Recruit Swearing In SUMMARY: Tracy L. Becker Paul S. Comini Kimberly A. Killian Todd R. Ellson Review Approval: 1) Clerk Meeting Date:9/15/2008 Cover Memo Item # 2 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/15/2008 Adopt Ordinance No. 8004-08 on second reading, declaring the millage rate to be levied for the fiscal year beginning October 1, 2008 and ending September 20, 2009, for operating purposes including the funding of pensions, debt service and road maintenance for capital improvement expenditures at 4.7254 mills. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 3 Attachment number 1 Page 1 of 1 MILLAGE ORDINANCE ORDINANCE NO. 8004-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009, FOR OPERATING PURPOSES INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 4.7254 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 4.7254 MILLS CONSTITUTES A 10.48% DECREASE FROM THE ROLLED BACK RATE OF 5.2787 MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1, 2008, and ending September 30, 2009, from ad valorem taxes is $46,188,490; and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 4.7254 mills are necessary to generate $46,188,490; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 4.7254 mills against the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions and debt service, road capital improvement projects, for the fiscal year beginning October 1, 2008. Section 2. The levy of 4.7254 mills constitutes a 10.48% decrease from the rolled back rate. Section 3. This ordinance shall take effect October 1, 2008. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Pamela K. Akin City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinancel,8#0?-08 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/15/2008 Adopt Ordinance No. 8005-08 on second reading, adopting an operating budget for the fiscal year beginning October 1, 2008 and ending September 30, 2009; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authored; authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 2 OPERATING BUDGET ORDINANCE ORDINANCE NO. 8005-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carry on the City government for the fiscal year beginning October 1, 2008, and ending September 30, 2009; and WHEREAS, an estimate of the revenues to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in City Hall on September 4, 2008, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2008, and ending September 30, 2009, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Ordinance No.1184 Attachment number 1 Page 2 of 2 Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 3. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the adoption of this budget. Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Section 5. It is the intent of the City Council that this budget, including amendments thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they were appropriated and encumbered, and such expenditures shall be deemed to have been spent out of the current budget allocation. It shall not be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2008. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance No.l# 84 Attachment number 2 Page 1 of 2 EXHIBIT A CITY OF CLEARWATER 2008-09 BUDGETED REVENUE Actual Budgeted Budgeted Revenues Revenues Revenues 2006/07 2007/08 2008/09 GENERAL FUND: Property Taxes 50,661,247 47,273,940 43,461,390 Franchise Fees 9,505,499 9,833,640 9,819,270 Utility Taxes 11,410,407 11,928,390 12,030,350 Licenses, Permits & Fees 4,854,415 4,492,580 4,242,500 Sales Tax 6,147,813 6,564,320 5,800,000 Communications Services Tax 6,783,503 7,045,750 6,286,500 Intergovernmental 13,822,065 11,809,270 12,357,120 Charges for Services 4,155,842 3,763,800 4,151,420 Fines & Forfeitures 823,698 955,000 902,300 Interest Income 1,916,135 1,263,950 1,364,000 Miscellaneous 1,043,350 1,053,710 939,950 Interfund Charges/Transfers In 17,589,871 17,193,280 17,445,130 Fund Reserves 2,300,000 TOTAL GENERAL FUND 128,713,845 123,177,630 121,099,930 SPECIAL REVENUE FUNDS: Special Development Fund 18,867,602 18,166,980 16,038,440 Special Program Fund 7,600,544 2,132,910 1,364,210 Local Housing Assistance Trust Fund 1,376,431 1,195,250 995,680 ENTERPRISE FUNDS: Water & Sewer Fund 58,505,091 59,930,170 60,609,860 Stormwater Utility Fund 13,132,090 14,436,690 13,800,460 Solid Waste Fund 18,024,854 18,153,900 18,751,250 Gas Fund 40,590,402 50,656,650 45,228,140 Recycling Fund 3,474,570 2,834,930 3,210,950 Airpark Fund 242,000 Marine Fund 4,622,808 4,823,730 5,351,090 Parking Fund 5,367,657 4,102,130 4,823,470 Harborview Center Fund 744,202 704,360 725,170 INTERNAL SERVICE FUNDS: Administrative Services Fund 9,423,602 10,200,730 9,714,930 General Services Fund 4,206,184 5,236,710 5,247,910 Garage Fund 12,149,211 13,293,770 13,853,580 Central Insurance Fund 21,281,371 21,306,060 20,069,910 TOTAL ALL FUNDS 348,080,464 350,352,600 341,126,980 Ordinarf¢j?@04-08 Attachment number 2 Page 2 of 2 EXHIBIT A (Continued) CITY OF CLEARWATER 2008-09 BUDGETED EXPENDITURES Actual Budgeted Budgeted Expenditures Expenditures Expenditures 2006/07 2007/08 2008/09 GENERAL FUND: City Council 271,941 295,920 288,390 City Manager's Office 1,085,918 1,268,700 1,166,210 City Attorney's Office 1,339,793 1,676,820 1,688,790 City Audit 158,004 162,870 175,520 Development & Neighborhood Services 4,041,728 4,295,940 4,109,720 Economic Development & Housing 1,232,205 1,436,710 1,389,940 Engineering 6,872,125 7,028,070 7,283,880 Equity Services 324,842 338,200 284,010 Finance 2,059,050 2,265,190 2,265,030 Fire 23,676,560 21,423,410 21,258,430 Human Resources 1,129,397 1,231,480 1,212,180 Library 6,405,083 6,433,700 6,065,270 Marine & Aviation 1,176,978 1,221,490 1,248,600 Non-Departmental 11,008,814 6,394,690 7,048,000 Office of Management & Budget 295,477 305,160 297,690 Official Records & Legislative Services 1,164,758 1,255,700 1,180,430 Parks & Recreation 21,244,964 21,888,050 21,123,800 Planning 1,306,092 1,414,750 1,429,290 Police 36,103,950 36,970,730 36,949,610 Public Communications 964,107 1,098,590 1,088,580 Public Services 3,483,638 3,684,770 3,546,560 Allocation to Reserves 1,086,690 TOTAL GENERAL FUND 125,345,424 123,177,630 121,099,930 SPECIAL REVENUE FUNDS: Special Development Fund 20,484,015 15,933,750 13,380,180 Special Program Fund 6,537,832 1,832,910 1,084,210 Local Housing Assistance Trust Fund 640,690 1,195,250 995,680 ENTERPRISE FUNDS: Water & Sewer Fund 56,786,972 59,930,170 60,609,860 Stormwater Utility Fund 8,593,823 14,436,690 13,800,460 Solid Waste Fund 17,092,410 18,068,320 18,735,750 Gas Fund 34,718,978 45,896,470 38,534,500 Recycling Fund 2,801,883 2,834,930 3,210,940 Airpark Fund 206,310 Marine Fund 4,605,469 4,774,180 5,348,430 Parking Fund 4,364,512 3,804,260 3,963,380 Harborview Center Fund 650,784 704,360 725,170 INTERNAL SERVICE FUNDS: Administrative Services Fund 8,589,002 10,197,640 9,693,080 General Services Fund 4,175,639 5,235,590 5,247,910 Garage Fund 11,758,378 13,293,770 13,853,580 Central Insurance Fund 19,984,299 19,986,040 18,714,690 TOTAL ALL FUNDS 327,130,110 341,301,960 329,204,060 Ordinarf¢j?@04-08 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/15/2008 Adopt Ordinance No. 8006-08 on second reading, adopting the Capital Improvement Program budget for the fiscal year beginning October 1, 2008 and ending September 30, 2009; approving the six-year Capital Improvement Program which shall be reevaluated at the beginning of each fiscal year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement Program; appropriating available and anticipated resources for the projects identified. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 2 CAPITAL IMPROVEMENT ORDINANCE AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009; APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJECTS IN THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for the fiscal year beginning October 1, 2008, and ending September 30, 2009; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in the City Hall upon said proposed budget on September 6, 2007; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009, a Ordinance No.l-l5 Attachment number 1 Page 2 of 2 copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. The Six-Year Capital Improvement Program and Budget, a summary of which is attached hereto, marked Exhibit B, is approved in its present form, but prior to the beginning of each fiscal year the City Council shall reevaluate priorities, hold public hearings and formally adopt additions or corrections thereto. Section 3. The budget as adopted shall stand and be the Capital Improvement Program Budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 4. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget. Section 5. The City Manager is authorized to transfer appropriations within the capital budget, provided such transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2008. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Approved as to form: Pamela K. Akin City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No.,-l5 Attachment number 2 Page 1 of 2 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09 Budgeted Revenues GENERAL SOURCES: 2008/09 General Operating Revenue 4,145,500 General Revenue/County Coop 694,480 Road Millage 2,727,150 Penny for Pinellas 1,610,000 Transportation Impact Fee 290,000 Local Option Gas Tax 1,880,000 Special Program Fund 30,000 Grants - Other Agencies 360,000 SELF SUPPORTING FUNDS: Marine Revenue 280,000 Airpark Revenue 10,000 Parking Revenue 225,000 Harborview Revenue 100,000 Utility System: Water Revenue 75,000 Sewer Revenue 4,563,370 Water Impact Fees 250,000 Sewer Impact Fees 575,000 Utility R & R 2,914,590 Stormwater Utility Revenue 3,284,980 Gas Revenue 1,455,000 Solid Waste Revenue 350,000 INTERNAL SERVICE FUNDS: Garage Revenue 110,920 Administrative Services Revenue 225,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 778,000 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 69,780 Lease Purchase - Solid Waste 160,000 Lease Purchase - Recycling 160,000 Bond Issue - Water & Sewer 14,650,230 Bond Issue - Stormwater 678,320 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 2,749,900 Lease Purchase - Administrative Services 350,000 TOTAL ALL FUNDING SOURCES: $45,752,220 Ordinance quo@05-08 Attachment number 2 Page 2 of 2 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09 Budgeted Expenditures FUNCTION: 2008/09 Police Protection Fire Protection New Street Construction Major Street Maintenance Intersections Parking Misc Engineering Parks Development Marine Facilities Airpark Facilities Libraries Garage Maintenance of Buildings Miscellaneous Stormwater Utility Gas System Solid Waste Utilities Miscellaneous Sewer System Water System Recycling TOTAL PROJECT EXPENDITURES 250,000 473,000 1,250,000 4,082,150 435,000 225,000 115,000 2,110,500 405,000 10,000 694,480 2,815,820 2,593,300 945,000 3,960,000 1,645,000 510,000 26,000 8,326,790 14,720,180 160,000 $45,752,220 Ordinance quo@05-08 Attachment number 3 Page 1 of 1 Exhibit B CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION FY 2008-2009 THROUGH FY 2013-2014 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER Schedule of Planned Expenditures Function 2008109 2009110 2010111 2011112 2012113 2013114 Total Police Protection 250,000 250,000 250,000 250,000 250,000 250,000 1,500,000 Fire Protection 473,000 753,490 1,064,150 885,970 1,890,970 1,452,150 6,519,730 New Street Construction 1,250,000 1,250,000 Major Street Maintenance 4,082,150 4,200,340 3,997,430 3,997,430 4,047,430 4,047,430 24,372,210 Intersections 435,000 435,000 435,000 435,000 435,000 435,000 2,610,000 Parking 225,000 225,000 225,000 225,000 225,000 225,000 1,350,000 Misc Engineering 115,000 35,000 35,000 35,000 35,000 35,000 290,000 Parks Development 2,110,500 4,167,500 957,500 1,045,000 1,065,000 1,075,000 10,420,500 Marine Facilities 405,000 465,000 460,000 460,000 460,000 460,000 2,710,000 Airpark Facilities 10,000 10,000 10,000 10,000 10,000 10,000 60,000 Libraries 694,480 715,310 736,770 758,870 781,640 805,090 4,492,160 Garage 2,815,820 2,898,800 2,934,270 3,022,300 3,112,970 3,206,360 17,990,520 Maintenance of Buildings 2,593,300 1,175,930 474,090 459,270 467,550 480,930 5,651,070 Miscellaneous 945,000 615,000 595,000 545,000 595,000 570,000 3,865,000 Stormwater Utility 3,960,000 7,180,000 10,880,000 10,620,000 7,700,000 8,100,000 48,440,000 Gas System 1,645,000 5,945,000 6,245,000 6,145,000 6,445,000 6,245,000 32,670,000 Solid Waste 510,000 670,000 595,000 605,000 713,000 735,000 3,828,000 Utilities Miscellaneous 26,000 26,000 44,000 26,000 26,000 44,000 192,000 Sewer System 8,326,790 9,730,050 9,073,990 12,108,380 7,351,360 11,776,590 58,367,160 Water System 14,720,180 9,699,550 12,913,120 17,928,910 18,125,340 11,051,410 84,438,510 Recycling 160,000 220,000 290,000 290,000 386,000 400,000 1,746,000 45,752,220 49,416,970 52,215,320 59,852,130 54,122,260 51,403,960 312,762,860 Ord inarlleM. #053-08 Work Session Council Chambers - City Hall Meeting Date:9/15/2008 SUBJECT / RECOMMENDATION: Amend the City's fiscal year 2007/08 Operating and Capital Improvement Budgets at Third Quarter and pass Ordinances 7995-08 and 7996-08 on first reading. SUMMARY: The fiscal year 2007/08 Operating and Capital Improvement Budgets were adopted in September 2007 by Ordinances 7866-07 and 7867-07. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a third quarter report detailing income, expenditure estimates, collection, the explanation of significant variances, as well as the financial status of all capital improvement projects. The third quarter amendment memorandum and accompanying reports provide this information and outlines the issues at third quarter that require amendment. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 3 Third Quarter Budget Review Fiscal 2007-08 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Jill Silverboard, Assistant City Manager Rod Irwin, Assistant City Manager Department Directors SUBJECT: Third Quarter Budget Review - Amended City Manager's Annual Budget Report DATE: September 5, 2008 Attached is the Third Quarter Budget Review in accordance with the City Code of Ordinances. The report is based on nine months of activity (October, 2007 through June, 2008) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenues and expenditure amendments reflect a net increase of $11, 866,198. There are several major reasons for the overall increase in General Fund expenditures: 1) The first increase includes a budget of $2,443,240 in Police and Fire for the supplemental plans, which is offset by plan revenue. Historically, these revenues and expenditures were reflected in a separate fund, but the Government Finance Officer's Association (GFOA) insists that the supplemental plans be reflected in the General Fund. 2) Other amendments include the allocation of retained earnings to fund capital projects including $3,754,638 for Beach Walk; $330,220.90 for the Bayfront Promenade; $3,000,000 for the Carpenter Complex Clubhouse Renovations; and $2,025,000 for the Clearwater Golf Course Acquisition. 3) The balance of the increases is attributable to other allocations of retained earnings for operating purposes include funding of $74,999 for the Cason settlement, $50,000 for Pinellas Hope, and $50,100 to fund the payout of accrued leave for the previous Assistant Director in Public Services. General Fund Reserves - In order to ensure adequate reserves, the City Council's policy reflects that General Fund unappropriated retained earnings of 8.5% of the City's budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2007 books, and the allocation of reserves noted above, estimated General Fund reserves at third quarter are approximately $15.4 million at year end, or 12% of the current year's General Fund budget, exceeding our reserve policy by $4.5 million for the current fiscal year. Item # 6 Attachment number 1 Page 2 of 3 Third Quarter Budget Review Fiscal 2007-08 City Manager's Transmittal Significant amendments to other City Operating Funds are noted as follows. Water and Sewer Fund Third quarter amendments in the Water and Sewer operating budget reflect a net decrease of $827,187 primarily due to the restructuring of water and sewer utility funding approved by the City Council on August 7, 2008. In addition, $233,213 representing interest earnings on bond funds is transferred to capital project 315-96686, Pump Station Replacement. Stormwater Fund At third quarter, the Stormwater expenditure operating budget reflects an increase of $1,340,318. Council approved transfers of retained earnings to fund capital projects in the amount of $2,589,507 in June 2008. This amendment, net of savings in debt service costs due to the postponement of issuing stormwater debt, results in the increase in fund expenditures. Gas Fund Budget amendments to the Gas Fund reflect a budget increase of approximately $567,790 primarily due to fuel costs. Recycling Fund Third quarter expenditure amendments in the Recycling Fund reflect an increase of $30,850, primarily due to increased fuel costs. Revenues from the sale of recyclables more than offset the increase in budgeted expenditures. Marine Fnnd Third quarter amendments reflect an increase of fuel purchases for resale in the amount of $850,000 and related revenues as approved by the City Council on August 18, 2008. Capital Improvement Fund Third quarter amendments to the Capital Improvement Fund reflect an increase of $5,923,873. Significant amendments include the allocation of General Fund retained earnings to establish new projects including 315-93606, Carpenter Complex Clubhouse Renovations at $3,000,000; 315-93609, Clearwater Golf Course Acquisition at $2,025,000; and provide additional funds to 315-93402, Bayfront Promenade at $330,221, all of which have been previously approved by the City Council. A list of capital improvement project budget increases that have been previously approved by the City Council is included on page 21 of this report. Project budget increases not previously approved by the Council are also summarized on page 21. Special Development Fund The only amendment to Special Development Fund expenditures at third quarter is the transfer of $175,682.54 of unallocated "fee in lieu of drainage fees" to capital project 315-96161, Coastal Basins, to provide additional revenue to this project. Item # 6 Attachment number 1 Page 3 of 3 Third Quarter Budget Review Fiscal 2007-08 City Manager's Transmittal Special Program Fund The Special Program Fund reflects a net budget increase of $768,416 at third quarter. Significant amendments reflect more than $400,000 for the special events and sponsorships programs in the last three months, $175,000 from police fines and court proceeds to support public safety programs, $237,000 in grant funds, and $165,000 in revenues for police outside duty contractual services. Fund amendments also reflect the return of $364,299 in general fund revenues from the Building Code Enforcement Surplus project approved by the City Council on August 21, 2008. Item # 6 Attachment number 2 Page 1 of 1 CITY OF CLEARWATER THIRD QUARTER SUMMARY 2007/08 FY 07/08 Amended Third Third Third Adopted Previous Quarter Quarter Quarter Amended Description Budget Quarter Projected Actual Variance % Adjustment Budget General Fund: Revenues 123,177,630 124,856,532 96,902,671 96,296,798 (605,873) -1% 11,866,198 136,722,730 Expenditures 123,177,630 124,856,532 97,493,815 92,899,496 4,594,319 5% 11,866,198 136,722,730 Utility Funds: Water & Sewer Fund Revenues 59,930,170 56,730,170 41,021,654 39,892,375 (1,129,279) -3% 1,580,091 58,310,261 Expenditures 59,930,170 56,730,170 42,947,706 41,969,773 977,933 2% (827,187) 55,902,983 Stormwater Fund Revenues 14,436,690 14,532,988 9,891,675 9,866,890 (24,785) 0% 2,606,528 17,139,516 Expenditures 14,436,690 14,532,988 11,674,735 10,287,358 1,387,377 12% 1,340,318 15,873,306 Gas Fund Revenues 50,656,650 52,144,160 38,387,609 36,149,531 (2,238,078) -6% (2,541,060) 49,603,100 Expenditures 45,896,470 46,782,550 37,009,374 37,171,379 (162,005) 0% 567,790 47,350,340 Solid Waste Fund Revenues 18,153,900 18,060,600 13,522,370 13,859,086 336,716 2% 158,000 18,218,600 Expenditures 18,068,320 17,975,000 13,673,664 12,941,311 732,353 5% (65,170) 17,909,830 Recycling Fund Revenues 2,834,930 3,334,260 2,623,411 2,837,188 213,777 8% 232,100 3,566,360 Expenditures 2,834,930 3,307,440 2,636,798 2,420,632 216,166 8% 30,850 3,338,290 Enterprise Funds: Marine & Aviation Fund Revenues 4,823,730 4,702,910 3,614,531 3,685,274 70,743 2% 900,000 5,602,910 Expenditures 4,774,180 4,522,040 3,433,570 3,678,292 (244,722) -7% 850,000 5,372,040 Airpark Fund Revenues 0 235,070 176,823 173,242 (3,581) -2% 0 235,070 Expenditures 0 235,070 176,903 170,947 5,956 3% 0 235,070 Parking Fund Revenues 4,102,130 4,447,830 3,388,348 3,616,157 227,809 7% 0 4,447,830 Expenditures 3,804,260 4,008,980 3,161,335 2,747,573 413,762 13% 0 4,008,980 Harborview Center Revenues 704,360 704,360 580,083 652,736 72,653 13% 71,495 775,855 Expenditures 704,360 704,360 558,002 615,169 (57,167) -10% 0 704,360 Intemal Service Funds: General Services Fund Revenues 5,236,710 5,236,710 3,927,630 3,945,340 17,710 0% 7,100 5,243,810 Expenditures 5,235,590 5,235,590 4,029,319 3,770,442 258,877 6% 7,100 5,242,690 Administrative Services Revenues 10,200,730 10,200,730 7,425,543 7,411,616 (13,927) 0% 0 10,200,730 Expenditures 10,197,640 10,197,640 7,964,440 6,960,665 1,003,775 13% 0 10,197,640 Garage Fund Revenues 13,293,770 13,293,770 9,974,720 9,947,798 (26,922) 0% 26,000 13,319,770 Expenditures 13,293,770 13,293,770 10,125,557 9,693,944 431,613 4% 26,000 13,319,770 Central Insurance Fund Revenues 21,306,060 24,426,435 16,017,864 15,901,385 (116,479) -1% 380,000 24,806,435 Expenditures 19,986,040 23,106,415 18,130,299 17,034,326 1,095,973 6% 0 23,106,415 Item # 6 Attachment number 3 Page 1 of 2 THIRD QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2007-08 REPORT General Fund Operating Budget ................. Utility Funds Operating Budget ................... Other Enterprise Funds Operating Budgets Internal Service Funds Operating Budgets. Capital Improvement Program Budget ....... Special Program Fund Budget .................... Special Development Funds ....................... Administrative Change Orders .................... Ordinances .................................................. Third Quarter budgets were projected in the following manner: PAGE # .3 10 15 18 21 39 45 48 50 All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents nine months, October 1, 2007 through June 30, 2008. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after June 30, 2008. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 20, 2007. Third Quarter Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Third Quarter Actual Self-explanatory. Variance Difference between Third Quarter projected and Third Quarter actual. Variance % % of variance to Third Quarter projection. Adjustments Adjustments that have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed based on Third Quarter review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. Item # 6 Attachment number 3 Page 2 of 2 Capital Improvement Projects The amended 2007/08 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions: Budget The budget as of October 1, 2007, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the Third Quarter review. Revised Budget Adding columns one and two. Expenditure Self-explanatory. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. Item # 6 Attachment number 4 Page 1 of 3 City of Clearwater General Fund Revenues Third Quarter Amendments FY 2007/08 Increase/(Decrease) Description By the end of August, basically all property tax revenues have been received. The budget is adjusted to reflect actual Property Taxes 199,060 collections for the year. Franchise fees collections for the nine month period are 2.5% less than last year at this time. The budget amendment reflects a $406,640 decrease in anticipated collections for the Franchise Fees (406,640) year. Utility tax revenue collections to date are approximately 1% greater than last year at this time, but still slightly less than projected for the current year. The budget amendment reflects a $128,450 decrease in anticipated collections for the Utility Taxes (128,450) year. Building permit revenue is approximately 30% less for the first ten months of the fiscal year, than the same period of time in fiscal year 2006/07. The budget amendment reflects a $528,040 decrease for this category, due to a loss in anticipated collections from building permits as a result of the slowing of new construction and the declining economy. Licenses & Permits (528,040) Intergovernmental State sales tax receipts are approximately 6% less than last year's receipts at the same time last year. Sales tax revenues were reduced at first quarter to reflect revised estimates from the Department of Revenue, but at third quarter the budgeted receipts are amended further to reflect an additional decrease of $347,530 based upon actual Sales Tax (347,530) collections to date. The budget amendment reflects several amendments: 1) a budget increase of $90,400 is recognized from FDOT revenue for maintaining traffic signals; 2) a net budget decrease of $19,740 in other intergovemental revenues including beverage license and mobile home revenues; 3) an increase of $2,443,240 based upon direction of the Government Finance Officer's Association (GFOA) which believes that our state monies for Police and Fire supplemental plans should not be received by the plans, but instead recorded as a revenue and as an expenditure for City Other Intergovernmental 2,513,900 employer contributions in the General Fund budget. The budget amendments reflect the following amendments: Parks & Recreation - 1) an increase of $20,000 from miscellaneous recreation fees; 2) an increase of $17,000 in revenue from recreation rentals, and 3) a decrease of $11,000 in special programs fees. All revenue increases offset expenditure increases in the Parks and Recreation Charges for Service 26,000 operations of the General Fund. s Item # 6 Attachment number 4 Page 2 of 3 City of Clearwater General Fund Revenues Third Quarter Amendments FY 2007/08 Increase/(Decrease) Description Budget amendments reflects a $50,000 decrease in Fines & Forfeitures (50,000) anticipated receipts from court fines at third quarter. Interest income reflects a positive variance at third quarter primarily due to conservative estimates in the original budget. Third quarter budget amendments reflect an increase of Interest Income 585,000 $585,000 for the year. The budget amendment reflects an increase of $130,000 in the other general revenues to reflect anticipated revenues for the year, and $15,500 representing receipts from the Criss Miscellaneous 145,500 Angel demolition. Budgeted revenues reflect several amendments: 1) the return of $364,299 from Special Program project 181-99877, Building Code Enforcement Surplus, to cover the SB 442 deficit in the 2007 fiscal year as approved by the City Council on August 18, 2008; 2) an additional $93,000 receipts from the CRA fund; and 3) an accounting correction to mid year amendments reclassifying the return of $408,015.24 from capital improvement projects as a "transfer in" rather than a return to surplus, and the return of $65,000 from 315-93256, Countryside Community Park Building, $130,990.19 from 315. 94621, Fleet Maintenance Facility Expansion, and $49,201.85 from 315-91240, Fire GIS. Interfund Charges/Transfers In 1,110,506 Transfer (to) from Surplus 1) The appropriation of $3,754,638 of General Fund reserves to replace bond funding for capital improvement project 315-92267, Beach Walk, as approved by the City 3,754,638 Council on May 1, 2008. 2) The transfer of $330,220.90 from retained earnings for project 315-93402, Bayfront Promenade, as approved by City 330,221 Council on July 17, 2008. 3) An appropriation of $50,000 of General Fund retained earnings is provided to fund a contribution to Catholic 50,000 Charities for Pinellas Hope as approved by the City Council 4) A third quarter budget amendment provides for the transfer of $3,000,000 of General Fund retained earnings to project 315-93606, Carpenter Complex Clubhouse 3,000,000 Renovations, as approved by the Council on June 19, 2008. 5) A third quarter budget amendment provides for the transfer of $2,025,000 of General Fund retained earnings to project 315-93609, Clearwater Golf Course Acquisition, as 2,025,000 directed by the Council on June 19, 2008. 6) An appropriation of $74,999 of General Fund retained earnings is provided to the City Attorney's Office at third quarter to fund the Cason settlement case as approved by 74,999 the City Council on July 17, 2008; Item # 6 Attachment number 4 Page 3 of 3 City of Clearwater General Fund Revenues Third Quarter Amendments FY 2007/08 Increase/(Decrease) Description 7) The budget amendment reflects an accounting correction to mid year amendments reclassifying the return of $408,015.24 from capital improvement projects as a "transfer (408,015) in" rather than a return to surplus. 8) The budget amendment reflects the appropriation of $50,100 of General Fund retained earnings to fund the retirement payout of accrued leave for the long-term Assistant 50,100 Director. 9) The budget amendment reflects an allocation to General Fund reserves at third quarter net of the allocations noted above, but reflecting the enhanced revenues primarily due to the return of funding from closed capital and special program (130,051) projects. Net Transfer ( to) from Retained Earnings 8,746,892 Net General Fund Revenue Amendment 11,866,198 Item # 6 Attachment number 5 Page 1 of 3 City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2007/08 Increase/ (Decrease) Description The budget amendment reflects two separate amendments: 1) a budget increase to fund the Cason settlement case as approved by the City Council on July 17, 2008; 2) the transfer of $1,200 to Special Program project 181-99876, to provide matching funds for a grant to cover the costs of a summer intern. This transfer is City Attorney's Office 74,999 provided by savings within the City Attorney's office. The budget amendment reflects the transfer of $750 from the Finance Department to provide funds for City's Auditor's Office 750 unanticipated expenditures. The Development Services Department is transferring debt savings in the amount of $70,000 to the Tidemark program to provide funding for upgrades to this project. Development Services - The net budget amendment is $0. The budget amendment reflects a budgeted increase due to electric utility charges in relationship to street lighting costs that are anticipated to be higher than Engineering 85,000 budgeted for the fiscal year. The budget amendment reflects the transfer of $750 to the City Auditor's Office to provide funds for unanticipated Finance (750) expenditures. The budget amendment recognizes amendments for several issues: 1) The first amendment reflects an increase of $1,482,330 for the City's contribution to the Fire supplemental plan based upon guidance of the Government Finance Officer's Association (GFOA) which believes that our state monies for Police and Fire supplemental plans should not be received by the plans, but instead be recorded as a revenue and an expenditure for City employer contributions in the General Fund. This budget expenditure increase is offset by a revenue amendment recognizing the supplemental revenue. 2) A second amendment reflects the transfer of $90,000 of operating savings within the Fire Department to Special Program project 181-99843, "Fire" Management Training Initiatives, to provide funds for specified fire training Fire 1,482,330 exercises. 6 Item # 6 Attachment number 5 Page 2 of 3 City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2007/08 Increase/ (Decrease) Description The third quarter budget amendments reflect the following amendments: 1) a budget increase of $15,000 for Morningside Summer Day Camp - part time salaries and operating supplies, 2) a budget increase of $7,000 reflecting additional costs related to the Ross Norton Pool maintenance and repair, and 3) an increase of $4,000 for North Greenwood pool maintenance and repair. These increases totaling $26,000 are offset by additional revenues from camp user and play pass fees. 4) Additional savings of $110,000 in the Parks and Recreation operating budget provide $10,000 to 315- 93256, Countryside Community Park Building, approved by the Council on 10/7/08, and $100,000 to 315-93629, Light Replacement, to provide additional funding for Parks & Recreation 26,000 lighting. 1) The budget amendment reflects an increase of $960,910 for the City's contribution for the Police supplemental plan based upon guidance of the Government Finance Officer's Association (GFOA) which believes that our state monies for Police and Fire supplemental plans should not be received by the plans, but instead be recorded as a revenue and an expenditure for City employer contributions in the General Fund. This budget expenditure increase is offset by a revenue amendment recognizing the supplemental revenue. 2) A second amendment reflects an increase in the Police budget costs related to the Criss Angel demolition in the amount of $24,600 which is partially offset by revenues. Police 985,510 The budget amendment reflects costs associated with Public Communications 2,400 the Criss Angel demolition. The budget amendment reflects the appropriation of $50,100 of General Fund retained earnings to fund the retirement payout of accrued leave for the long-term Public Services 50,100 Assistant Director. 1) A third quarter budget amendment provides for the transfer of $3,754,638 of General Fund retained earnings to project 315-92267, Beach Walk, as approved by the Non-Departmental 3,754,638 Council on May 1, 2008. 2) A transfer of $330,220.90 of General Fund retained earnings is transferred to project 315-93402, Bayfront Promenade, as approved by the Council on July 17, 2008. 330,221 7 Item # 6 Attachment number 5 Page 3 of 3 City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2007/08 Increase/ (Decrease) Description 3) An appropriation of $50,000 of General Fund retained earnings is provided to fund a contribution to Catholic Charities for Pinellas Hope as approved by the City 50,000 Council on July 17, 2008. 4) A third quarter budget amendment provides for the transfer of $3,000,000 of General Fund retained earnings to project 315-93606, Carpenter Complex Clubhouse Renovations, as approved by the Council on June 19, 3,000,000 2008. 5) A third quarter budget amendment provides for the transfer of $2,025,000 of General Fund retained earnings to project 315-93609, Clearwater Golf Course Acquisition, as directed by the Council on June 19, 2008. 2,025,000 9,159,859 Net General Fund Expenditure Amendment 11,866,198 Item # 6 Attachment number 6 Page 1 of 1 GENERALFUND THIRD QUARTER REVIEW For Nine Month Period of October 1, 2007 - June 30, 2008 2007/08 2007/08 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget GENERALFUND GENERAL FUND REVENUES Property Taxes 47,273,940 45,573,940 45,296,195 (277,745) _1% 199,060 47,473,000 Franchise Fees 9,833,640 6,080,300 5,640,712 (439,588) -7% (406,640) 9,427,000 Utility Taxes 11,928,390 7,668,243 7,385,233 (283,010) 4% (128,450) 11,799,940 Licenses, Permits & Fees 4,492,580 2,595,702 2,388,750 (206,952) -8% (528,040) 3,964,540 Intergovernmental Sales Tax 6,197,530 3,549,908 3,514,668 (35,240) _1% (347,530) 5,850,000 Communications Services Tax 7,045,750 4,115,000 3,872,997 (242,003) -6% 0 7,045,750 Other Intergovernmental 12,472,210 8,365,363 8,315,200 (50,163) -1% 2,513,900 14,986,110 Charges for Services 3,869,800 2,906,204 3,024,392 118,188 4% 26,000 3,895,800 Fines & Forfeitures 955,000 716,256 564,323 (151,933) -21% (50,000) 905,000 Interest Income 1,263,950 947,964 1,416,274 468,310 49% 585,000 1,848,950 Miscellaneous Revenues 1,803,710 1,461,742 1,603,015 141,273 10% 145,500 1,949,210 Interfund Charges / Transfers In 17,220,388 12,922,050 13,275,039 352,989 3% 1,110,506 18,330,894 OPERATING REVENUES 124,356,888 96,902,671 96,296,798 (605,873) -1% 3,119,306 127,476,194 Transfer (to) from Surplus 499,644 0 0 0 - 8,746,892 9,246,536 TOTAL REVENUES 124,856,532 96,902,671 96,296,798 (605,873) -1% 11,866,198 136,722,730 GENERAL FUND EXPENDITURES City Council 295,920 226,934 205,941 20,993 9% 0 295,920 City Manager's Office 1,178,700 909,346 817,923 91,423 10% 0 1,178,700 City Attorney's Office 1,676,820 1,285,958 1,033,934 252,024 20% 74,999 1,751,819 City Auditor's Office 172,870 134,334 134,292 42 0% 750 173,620 Development & Neighborhood Svcs 4,395,940 3,450,266 3,382,753 67,513 2% 0 4,395,940 Economic Development & Housing 1,436,710 1,103,257 1,014,765 88,492 8% 0 1,436,710 Engineering 7,028,070 5,471,416 5,212,081 259,335 5% 85,000 7,113,070 Equity Services 338,200 259,504 237,061 22,443 9% 0 338,200 Finance 2,255,190 1,756,899 1,624,640 132,259 8% (750) 2,254,440 Fire 21,423,410 16,919,925 15,723,748 1,196,177 7% 1,482,330 22,905,740 Human Resources 1,231,480 952,150 824,144 128,006 13% 0 1,231,480 Library 6,433,700 5,131,148 4,987,925 143,223 3% 0 6,433,700 Marine & Aviation 1,261,490 982,421 871,444 110,977 11% 0 1,261,490 Non-Departmental 7,791,432 6,691,599 6,208,233 483,366 7% 9,159,859 16,951,291 Office of Management & Budget 305,160 239,921 217,047 22,874 10% 0 305,160 Official Records & Legislative Svcs 1,255,700 968,375 874,804 93,571 10% 0 1,255,700 Parks & Recreation 22,101,520 17,231,958 16,059,889 1,172,069 7% 26,000 22,127,520 Planning 1,414,750 1,105,312 1,012,330 92,982 8% 0 1,414,750 Police 37,088,730 29,069,077 28,995,059 74,018 0% 985,510 38,074,240 Public Communications 1,098,590 847,773 801,717 46,056 5% 2,400 1,100,990 Public Services 3,585,460 2,756,242 2,659,765 96,477 4% 50,100 3,635,560 Allocation to GF Reserve 1,086,690 0 0 0 - 0 1,086,690 TOTAL EXPENDITURES 124,856,532 97,493,815 92,899,496 4,594,319 5% 11,866,198 136,722,730 Item # 6 Attachment number 7 Page 1 of 3 City of Clearwater Utility Funds Third Quarter Amendments FY 2007/08 Increase/ (Decrease) Description At third quarter, anticipated revenues of the Water & Sewer Fund exceed anticipated expenditures by $2,407,278 for FY 2007/08. Water & Sewer Fund Budgeted revenues at third quarter reflect the return of $2,956,391 from the capital improvement with the restructuring of water and sewer utility funding approved by the City Council on August 7, 2008, resulting in a net decrease in the necessary use of Water and Sewer reserves of $1,376,300, for net increase in Revenues: 1,580,091 budgeted revenues of $1,508,091 at third quarter. At third quarter, Water and Sewer fund expenditures reflect a $1,060,400 decrease in transfers to the Capital Improvement Fund due to the restructuring of water and sewer utility funding approved by the City Council on August 7, 2008; in addition retained earnings in the amount of $233,213.34 is transferred to capital project 315-96686, Pump Station Replacement. This funding represents excess interest earnings on bond projects. This results in a net decrease in anticipated Water and Sewer Expenditures: (827,187) fund expenditures of $827,186.66 at third quarter. At third quarter, anticipated revenues of the Stormwater Fund Stormwater Fund exceed anticipated expenditures by $1,266,210 for FY 2007/08. Third quarter revenue amendments reflect the appropriation of Stormwater retained earnings to fund the transfer of $2,589,507 to capital improvement project 315-96154, Alligator Creek Drainage Improvements as approved by the City Council on June 19, 2008, and $17,021.43 to project 315-96124, Storm Pipe System Improvements, representing interest earnings on debt service Revenues: 2,606,528 funds. Third quarter expenditure amendments reflect the transfer of Stormwater funds in the amount of $2,589,507 to project 315- 96154, Alligator Creek Drainage Improvements as approved by the City Council on June 19, 2008, and $17,021.43 to project 315- 96124, Storm Pipe System Improvements, representing interest earnings on debt service funds. In addition, budgeted debt costs on the '08 Stormwater bond are reduced by $1,266,210 due to the postponement of issuing stormwater debt. All of the above amendments result in a net increase of $1,340,318.43 in budgeted expenditures of the Stormwater Fund. Expenditures: 1,340,318 10 Item # 6 Attachment number 7 Page 2 of 3 City of Clearwater Utility Funds Third Quarter Amendments FY 2007/08 Increase/ (Decrease) Description At third quarter, anticipated revenues of the Gas Fund exceed Gas Fund anticipated expenditures by $2,252,760 for FY 2007/08. Third quarter revenue amendments primarily reflect decreases due to a warm winter and energy conservation. Annual gas revenues are down $2,234,400 and slowing construction result in a drop in capitalized labor of $60,000. Other gas revenues decreases include service charges $38,000, franchise revenue $62,000, gross receipts tax $106,000 and service calls on appliances of $41,000. These amendments, as well as various small increases and decreases in other line items, result in a net budget decrease of $2,541,060 in Gas Fund revenues at third Revenues: (2,541,060) quarter. Expenditure amendments at third quarter reflect a net increase of $567,790. The two primary reasons for the increase are an increase of fuel costs in the amount of $1,300,000 and a $320,000 decrease due to reduced revenues. In addition, budgeted expenditures in marketing and sales reflect a reduction of $255,120 due to reductions in resale materials and advertising. The balance of the decrease is basically due to a reduction in a Expenditures: 567,790 number of line items. At third quarter, anticipated revenues of the Solid Waste Fund Solid Waste Fund exceed anticipated expenditures by $ 308,770 for FY 2007/08. Third quarter amendments reflect a small increase in anticipated revenue due to the higher than expected cash pool investment rates. While the construction industry is still stagnated, sanitation collection fee decreased $100,000 but was offset by improved collection efforts and a one time payment for prior year's surcharge. General revenue are performing better than expected with an increase of $42,000. The net amendment to Solid Waste revenues is an increase of $158,000 at third quarter. Revenues: 158,000 At third quarter, budgeted expenditures in Solid Waste reflect a $213,050 increase in internal services charges, primarily due to increased fuel costs and a decrease of $205,000 in dump fees. The soft hiring freeze has also created a net savings of $77,310 in personal services. Other small amendments result in the total net decrease of $65,170 for budgeted expenditures at third quarter. Expenditures: (65,170) 11 Item # 6 Attachment number 7 Page 3 of 3 City of Clearwater Utility Funds Third Quarter Amendments FY 2007/08 Increase/ (Decrease) Description At third quarter, anticipated revenues of the Recycling Fund Recycling Fund exceed anticipated expenditures by $228,070 for FY 2007/08. Third quarter revenue amendments reflect an increase of $232,100, which is the result of 1) an increase in the sale of recyclables due to favorable market conditions and 2) a current year rate increase in recycling fees and 3) higher than expected Revenues: 232,100 cash pool interest rates. Third quarter expenditure amendments in Recycling reflect a net increase of $30,850. Internal services charges have increased $50,250, primarily due to fuel cost, which are offset by reductions in personnel and debt service costs. All amendments are offset by increased revenues in the sale of recyclables. Expenditures 30,850 12 Item # 6 Attachment number 8 Page 1 of 2 UTILITY FUNDS THIRD QUARTER REVIEW For the Nine Month Period of October 1, 2007 to June 30, 2008 2007/08 2007/08 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget WATER & SEWER FUND WATER & SEWER FUND REVENUES Operating Revenue 51,938,950 38,516,711 38,416,077 (100,634) 0% 0 51,938,950 Non-Operating Revenue 3,194,610 2,339,712 1,150,626 (1,189,086) -51% 0 3,194,610 Contributions 220,310 165,231 325,672 160,441 97% 0 220,310 Transfers In 0 0 0 - 2,956,391 2,956,391 Use of Fund Equity 1,376,300 0 0 0 - (1,376,300) 0 TOTAL REVENUES 56,730,170 41,021,654 39,892,375 (1,129,279) -3% 1,580,091 58,310,261 WATER & SEWER FUND EXPENDITURES Public Utilities Administration 766,710 587,860 523,078 64,782 11% 0 766,710 Wastewater Collection 6,574,780 5,277,558 5,026,029 251,529 5% (827,187) 5,747,593 WPC / Plant Operations 13,039,670 9,896,618 9,340,421 556,197 6% 0 13,039,670 WPC/Laboratory Operations 1,287,360 984,392 961,922 22,470 2% 0 1,287,360 WPC / Industrial Pretreatment 620,230 478,378 421,338 57,040 12% 0 620,230 Water Distribution 9,585,463 7,823,115 7,486,632 336,483 4% 0 9,585,463 Water Supply 12,285,810 9,240,585 8,812,729 427,856 5% 0 12,285,810 Reclaimed Water 1,614,847 1,242,728 1,167,056 75,672 6% 0 1,614,847 Non-Departmental 10,955,300 7,416,472 8,230,569 (814,097) -11% 0 10,955,300 TOTAL EXPENDITURES 56,730,170 42,947,706 41,969,773 977,933 2% (827,187) 55,902,983 STORMWATER FUND STORMWATER UTILITY REVENUES Operating Revenues 12,477,410 9,358,056 9,388,377 30,321 0% 0 12,477,410 Non-Operating Revenues 711,500 533,619 478,513 (55,106) -10% 0 711,500 Transfers In - 0 0 0 - 0 0 Use of Fund Equity 1,344,078 0 0 0 - 2,606,528 3,950,606 TOTAL REVENUES 14,532,988 9,891,675 9,866,890 (24,785) 0% 2,606,528 17,139,516 STORMWATER UTILITY EXPENDITURES Stormwater Management 5,926,620 4,466,735 3,372,534 1,094,201 24% (1,266,210) 4,660,410 Stormwater Maintenance 8,606,368 7,208,000 6,914,824 293,176 4% 2,606,528 11,212,896 TOTAL EXPENDITURES 14,532,988 11,674,735 10,287,358 1,387,377 12% 1,340,318 15,873,306 GAS FUND GAS FUND REVENUES Operating Revenues 45,098,770 33,270,727 31,109,699 (2,161,028) -6% (2,528,300) 42,570,470 Non-Operating Revenues 939,050 729,292 723,725 (5,567) _1% 47,240 986,290 Transfers In 4,165,000 4,165,000 4,165,000 0 0% 0 4,165,000 Capitalized Labor 335,000 222,590 151,107 (71,483) -32% (60,000) 275,000 Use of Fund Equity 1,606,340 0 0 0 - 0 1,606,340 TOTAL REVENUES 52,144,160 38,387,609 36,149,531 (2,238,078) -6% (2,541,060) 49,603,100 GAS FUND EXPENDITURES Administration & Supply 31,920,980 24,328,693 24,727,039 (398,346) -2% 902,860 32,823,840 South Area Gas Operations 6,081,530 5,139,152 5,180,713 (41,561) -1% (10,930) 6,070,600 North Area Gas Operations 6,049,860 5,480,911 5,385,797 95,114 2% (69,020) 5,980,840 Marketing & Sales 2,730,180 2,060,618 1,877,830 182,788 9% (255,120) 2,475,060 TOTAL EXPENDITURES 46,782,550 37,009,374 37,171,379 (162,005) 0% 567,790 47,350,340 13 Item # 6 Attachment number 8 Page 2 of 2 UTILITY FUNDS THIRD QUARTER REVIEW For the Nine Month Period of October 1, 2007 to June 30, 2008 2007/08 2007/08 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget SOLID WASTE FUND SOLID WASTE REVENUES Operating Revenue 17,241,000 12,907,750 13,006,638 98,888 1% 5,000 17,246,000 Non-Operating Revenue 578,580 433,855 671,683 237,828 55% 153,000 731,580 Transfers In 241,020 180,765 180,765 0 0% 0 241,020 Use of Fund Equity 0 0 0 - 0 0 TOTAL REVENUES 18,060,600 13,522,370 13,859,086 336,716 2% 158,000 18,218,600 SOLID WASTE EXPENDITURES Collection 14,665,260 11,127,556 10,614,395 513,161 5% (33,730) 14,631,530 Transfer 1,505,950 1,155,231 1,007,728 147,503 13% (18,000) 1,487,950 Container Maintenance 755,590 582,344 555,838 26,506 5% (11,340) 744,250 Administration 1,048,200 808,533 763,350 45,183 6% (2,100) 1,046,100 TOTAL EXPENDITURES 17,975,000 13,673,664 12,941,311 732,353 5% (65,170) 17,909,830 RECYCLING FUND RECYCLING REVENUES Operating Revenue 3,200,830 2,523,341 2,677,208 153,867 6% 205,100 3,405,930 Non-Operating Revenue 133,430 100,070 159,980 59,910 60% 27,000 160,430 TOTAL REVENUES 3,334,260 2,623,411 2,837,188 213,777 8% 232,100 3,566,360 RECYCLING EXPENDITURES Residential 1,081,100 837,367 789,447 47,920 6% 4,000 1,085,100 Multi-Family 535,380 409,602 393,645 15,957 4% 8,000 543,380 Commercial 1,690,960 1,389,829 1,237,541 152,288 11% 18,850 1,709,810 TOTAL EXPENDITURES 3,307,440 2,636,798 2,420,632 216,166 8% 30,850 3,338,290 14 Item # 6 Attachment number 9 Page 1 of 1 City of Clearwater Other Enterprise Funds Third Quarter Amendments FY 2007/08 Increase/ (Decrease) Description Anticipated revenues of the Marine Fund exceed anticipated expenditures by $ 230,870 at third quarter Marina Fund FY 2007/08. Third quarter amendments reflect an increase in fuel sales revenue as approved by the City Council on Revenues: 900,000 August 18, 2008. Third quarter amendments reflect an increase in fuel purchases for resale as approved by the City Council on Expenditures: 850,000 August 18, 2008. Anticipated revenues of the Airpark Fund equal Airpark Fund anticipated expenditures at third quarter FY 2007/08. No amendments are proposed to Airpark Fund Revenues: revenues at third quarter. No amendments are proposed to Airpark Fund Expenditures: expenditures at third quarter. At third quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $438,850 for Parking Fund FY 2007/08. No amendments are proposed to Parking Fund Revenues: revenues at third quarter. No amendments are proposed to Parking Fund Expenditures: expenditures at third quarter. At third quarter, anticipated revenues of the Harborview Fund exceed anticipated expenditures by $71,495 for Harborview Fund FY 2007/08. No amendments are proposed to Harborview Fund Revenues: 71,495 revenues at third quarter. No budget amendments are proposed at third quarter. The 10% negative variance is strictly a timing variance Expenditures: in the payment for contract services. 15 Item # 6 Attachment number 10 Page 1 of 2 ENTERPRISE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2007- June 30, 2008 2007/08 2007/08 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget MARINE FUND MARINE FUND REVENUES Operating Revenues 4,533,560 3,487,520 3,564,529 77,009 2% 900,000 5,433,560 Non-Operating Revenues 169,350 127,011 120,745 (6,266) -5% 0 169,350 Transfers In - 0 - Use of Fund Equity - - 0 - TOTAL REVENUES 4,702,910 3,614,531 3,685,274 70,743 2% 900,000 5,602,910 MARINE FUND EXPENDITURES Marina Operations 4,522,040 3,433,570 3,678,292 (244,722) -7% 850,000 5,372,040 Airpark Operations - - TOTAL EXPENDITURES 4,522,040 3,433,570 3,678,292 (244,722) -7% 850,000 5,372,040 AIRPARK FUND AIRPARK FUND REVENUES Operating Revenues 214,070 161,073 162,768 1,695 1% 0 214,070 Non-Operating Revenues 21,000 15,750 10,474 (5,276) -33% 0 21,000 Transfers In - 0 - Use of Fund Equity - 0 - TOTAL REVENUES 235,070 176,823 173,242 (3,581) -2% 0 235,070 AIRPARK FUND EXPENDITURES Airpark Operations 235,070 176,903 170,947 5,956 3% 0 235,070 TOTAL EXPENDITURES 235,070 176,903 170,947 5,956 3% 0 235,070 PARKING FUND PARKING FUND REVENUES Operating Revenues 3,836,160 2,929,595 3,045,125 115,530 4% 0 3,836,160 Non-Operating Revenues 611,670 458,753 571,032 112,279 24% 0 611,670 Transfers In - - 0 - TOTAL REVENUES 4,447,830 3,388,348 3,616,157 227,809 7% 0 4,447,830 PARKING FUND EXPEDITURES Public Wks / Parking System 3,158,980 2,514,325 2,304,897 209,428 8% 0 3,158,980 Public Wks / Parking Enforcement 850,000 647,010 442,676 204,334 32% 0 850,000 TOTAL EXPENDITURES 4,008,980 3,161,335 2,747,573 413,762 13% 0 4,008,980 16 Item # 6 Attachment number 10 Page 2 of 2 ENTERPRISE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2007- June 30, 2008 2007/08 2007/08 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget HARBORVIEW FUND HARBORVIEW CENTER FUND REVENUES Operating Revenues 234,800 142,353 141,398 (955) _1% 0 234,800 Non-Operating Revenues 127,320 95,490 169,098 73,608 77% 71,495 198,815 Transfers In 342,240 342,240 342,240 - 0% 0 342,240 TOTAL REVENUES 704,360 580,083 652,736 72,653 13% 71,495 775,855 HARBORVIEW CENTER FUND EXPENDITURES Harborview Center Operations 704,360 558,002 615,169 (57,167) -10% 0 704,360 TOTAL EXPENDITURES 704,360 558,002 615,169 (57,167) -10% 0 704,360 17 Item # 6 Attachment number 11 Page 1 of 1 City of Clearwater Internal Service Funds Third Quarter Amendments FY 2007/08 Increase/ (Decrease) Description At third quarter, anticipated revenues of the General Services Fund General Services exceed anticipated expenditures by $1,120 for FY 2007/08. Revenue amendments reflect the higher than expected cash pool Revenues: 7,100 investment rates and offset budget increases in expenditures. Expenditure amendments reflect small increases within the Expenditures: 7,100 Building and Maintenance cost center. At third quarter, anticipated revenues of the Administrative Services Administrative Services Fund exceed anticipated expenditures by $3,090 for FY 2007/08. At third quarter, an increase in expected interest earnings offsets anticipated decreases in document reproduction and telephone communication revenues. The net amendment to Administrative Revenues: 0 Fund revenues is $0. Expenditures: 0 No amendments are proposed at third quarter. At third quarter, anticipated revenues of the Garage Fund equal Garage Fund anticipated expenditures for FY 2007/08. Third quarter revenues reflect a $26,000 increase in anticipated Revenues: 26,000 interest earnings offsetting the budgeted increase in expenditures. The budget amendment to garage expenditures primarily reflects an increase in anticipated costs for fuel. This expected increase is offset with an increase in cash pool interest earnings for the Garage Expenditures: 26,000 Fund. At third quarter, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $1,700,020 for FY 2007/08. Central Insurance Third quarter revenues reflect a $380,000 increase in anticipated Revenues: 380,000 interest earnings for the year. Expenditures: 0 No amendments are proposed at third quarter. 18 Item # 6 Attachment number 12 Page 1 of 2 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2007 - June 30, 2008 2007/08 2007/08 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget GENERAL SERVICES FUND GENERAL SERVICES FUND REVENUES Billings to Departments Non-Operating Revenue Transfers In Fund Reserves 5,201,710 3,901,380 3,910,814 35,000 26,250 34,526 9,434 0% (600) 5,201,110 8,276 32% 7,700 42,700 0 0 TOTAL REVENUES 5,236,710 3,927,630 3,945,340 17,710 0% 7,100 5,243,810 GENERAL SERVICES FUND EXPENDITURES Administration 384,410 307,490 299,387 8,103 3% 0 384,410 Building & Maintenance 4,851,180 3,721,829 3,471,055 250,774 7% 7,100 4,858,280 TOTAL EXPENDITURES 5,235,590 4,029,319 3,770,442 258,877 6% 7,100 5,242,690 ADMINISTRATIVE SERVICES FUND ADMINISTRATIVE SERVICES REVENUE Operating Revenue 9,723,730 7,292,790 7,184,128 (108,662) -1% (75,000) 9,648,730 Non-Operating Revenue 177,000 132,753 227,488 94,735 71% 75,000 252,000 Transfers In - - - - - 0 - Fund Reserves 300,000 - - - 0 300,000 TOTAL REVENUES 10,200,730 7,425,543 7,411,616 (13,927) 0% 0 10,200,730 ADMINISTRATIVE SERVICES EXPENDITURES Information Technology /Admin 393,070 305,645 256,255 49,390 16% 0 393,070 Information Tech / Network Svcs 2,643,100 2,085,612 1,781,047 304,565 15% 0 2,643,100 Info Tech/ Software Applications 2,034,880 1,603,861 1,401,142 202,720 13% 0 2,034,880 Info Tech/Telecommunications 1,141,640 859,748 607,677 252,071 29% 0 1,141,640 Public Comm / Courier 182,050 137,721 118,269 19,452 14% 0 182,050 Public Comm / Graphics 408,330 314,545 327,258 (12,713) 4% 0 408,330 Clearwater Customer Service 3,394,570 2,657,308 2,469,017 188,291 7% 0 3,394,570 TOTAL EXPENDITURES 10,197,640 7,964,440 6,960,665 1,003,775 13% 0 10,197,640 GARAGE FUND GARAGE FUND REVENUES Billings to Departments 12,704,000 9,528,030 9,499,568 (28,462) 0% (5,000) 12,699,000 Non-Operating Revenue 589,770 446,690 448,230 1,540 0% 31,000 620,770 Transfers In - - - - - 0 0 Fund Reserves - - - - 0 - TOTAL REVENUES 13,293,770 9,974,720 9,947,798 (26,922) 0% 26,000 13,319,770 Garage Fund Expenditures Fleet Maintenance 12,651,830 9,639,088 9,319,178 319,910 3% 71,700 12,723,530 Radio Communications 641,940 486,469 374,766 111,703 23% (45,700) 596,240 TOTAL EXPENDITURES 13,293,770 10,125,557 9,693,944 431,613 4% 26,000 13,319,770 19 Item # 6 Attachment number 12 Page 2 of 2 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2007 - June 30, 2008 2007/08 2007/08 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget CENTRAL INSURANCE FUND CENTRAL INSURANCE FUND REVENUES Billings to Departments 19,728,790 14,796,594 14,406,245 (390,349) -3% 0 19,728,790 Non-Operating Revenue 1,400,000 1,050,000 1,331,088 281,088 27% 380,000 1,780,000 Transfers In 177,270 171,270 163,988 (7,282) 4% 0 177,270 Fund Reserves 3,120,375 - - - 0 3,120,375 Non-Financial Statement Revenue - - 64 64 - 0 - TOTAL REVENUES 24,426,435 16,017,864 15,901,385 (116,479) -1% 380,000 24,806,435 CENTRAL INSURANCE FUND EXPENDITURES Finance / Risk Management 445,420 356,246 299,003 57,243 16% 0 445,420 Human Resources/ Employee Benefits 322,180 248,610 191,476 57,134 23% 0 322,180 Non-Departmental 22,338,815 17,525,443 16,543,847 981,596 6% 0 22,338,815 TOTAL EXPENDITURES 23,106,415 18,130,299 17,034,326 1,095,973 6% 0 23,106,415 20 Item # 6 Attachment number 13 Page 1 of 1 Clearwater, Florida CAPITAL IMPROVEMENT FUND Third Quarter Summary FY 2007/08 The amended 2007/08 Capital Improvement Program budget report is submitted for the City Council's third quarter review. The net proposed amendment is a budget increase of $5,923,873. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did no previously approve the following Capital Improvement Budget increases to projects: ? Light Replacement -To record an increase of $100,000 in General Fund revenue representing savings in the Parks and Recreation operating budget to provide additional funds for light replacement maintenance. ? Storm Pipe System Improvements - To record a budget increase of $17,021.43 in stormwater revenue, representing interest earnings from stormwater debt service funds. ? Coastal Basin Improvements - Third quarter amendments reflect the transfer of $175,683.54 of unallocated "fee in lieu of drainage fees" to provide additional revenue for coastal basin improvements as necessary. ? Pinellas New Mains and Service Lines - To record a budget increase of $77,095.68 recognizing revenues from property owners to support project expenditures for work performed on their property by City of Clearwater crews. ? Older Control - To record a budget increase of $28,109.35 in revenue representing reimbursements of project expenditures received from SWFWMD. ? Pump Station Replacement - To record a budget increase of $233,213.34 in sewer revenue, representing interest earnings from water and sewer debt service funds. All significant budget increases that have been previously approved by the Council are listed below: Project Council Bayfront Promenade FBO Building Improvements Carpenter Complex Clubhouse Renovations Clearwater Golf Course Acquisition 330,221 7/17/08 99,598 8/18/08 3,000,000 6/19/08 2,025,000 6/19/08 21 Item # 6 Attachment number 14 Page 1 of 11 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2007/08 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Rescue Vehicle - Budget Amendment Only 316-91236 57,560 To record a budget increase of $57,560 in Lease Purchase revenue. This was approved by the City Council on June 19, 2008 to provide additional funding for the purchase of two transport ambulances. Fire GIS - CLOSE PROJECT 315-91240 (49,202) To record a budget decrease of $49,201.85 in General Fund revenue, which will be returned to the General Fund for reappropriation. The project is complete and can be closed. Beach Walk 315-92267 3,754,638 To record a budget increase of $3,754,638.14 in General Fund revenue as approved by the City Council on May 1, 2008. This represents approximately half of the budgeted debt costs for FY 08 for Beach Walk and will be transferred from the unappropriated retained earnings of the General Fund. 362-92267 (3,754,638) This will be offset by a budget decrease of $3,754,638.14 in Bond proceeds for a net of zero to the project budget. 315-92267 75,686 To record a budget transfer of $75,686.12 in Stormwater Utility revenue from project 315-96149, Storm System Expansion. 357-92267 (75,686) To record a budget transfer of $75,686.12 in Stormwater Bond proceeds to project 357-96149, Stormwater System Expansion. Both of these amendments were approved by the City Council on June 19, 2008 as part of the restructuring of the stormwater projects. Downtown Streetscape 315-92269 (49,400) To record a budget decrease of $49,400 in Other Contribution revenue representing a contribution from the Downtown Development Board. This amendment was inadvertently included twice in previous quarterly amendments. 315-92269 (490,143) To record a budget transfer of $490,143.47 in Penny for Pinellas revenue to project 315-94848, Station Square Park. This was approved by the City Council on June 19, 2008 to provide funding for the construction of Station Square Park. 357-92269 (18,146) To record a budget transfer of $18,146.40 in Stormwater Bond proceeds to project 357-96149, Storm System Expansion. This was approved by the City Council on June 19, 2008 as part of the restructuring of the stormwater projects. Clearwater Beach West Bridge Connector - BUDGET AMENDMENT ONLY 315-92340 111 To record a budget increase of $110.52 in Pinellas County revenue, which represents reimbursement received for over- payment. 57,560 (49,202) (557,690) 111 Item # 6 22 * indicates budget amendment only Attachment number 14 Page 2 of 11 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2007/08 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Countryside Community Park Building 315-93256 65,000 To record a budget increase of $65,000 in donation revenue from Countryside Little League and Clearwater for Youth. This 315-93256 (65,000) will be offset by a budget decrease of $65,000 in General Fund revenue, which will be returned to the General Fund for reappropriation. This will return the remaining General Fund revenue in the project, which was transferred to the project to provide the needed cash until all donations were received. 315-93256 10,000 To record a budget increase of $10,000 in General Fund revenue which will be transferred from savings within the operating budget of the Parks & Recreation Department. This will be 315-93256 (10,000) offset by a budget decrease of $10,000 in donations revenue, reflecting a decrease in donations received from Clearwater For Youth. All amendments were approved by the City Council on October 4, 2007 with the award of the construction contract. 7 Enterprise Road Dog Park 315-93264 11,447 To record a budget transfer of $11,446.50 in General Fund revenue from project 315-93283, Countryside Recreation Center Basketball Court Refurbishment. The Basketball Court project is complete and can be closed. 11,447 8 Light Replacement 315-93269 100,000 To record a budget increase in General Fund revenues representing savings in the Parks and Recreation Department to provide funding for light replacement. 100,000 9 Countryside Recreation Center Basketball Court Refurbishment - CLOSE PROJECT 315-93283 (11,447) To record a budget transfer of $11,446.50 in General Fund revenue to project 315-93264, Enterprise Road Dog Park. The Basketball Court project is complete and can be closed. (11,447) 10 Bayfront Promenade 315-93402 330,221 To record a budget increase of $330,220.90 in General Fund revenue, which will be transferred from unappropriated retained earnings. This was approved by the City Council on July 17, 2009 as part of the award of the contract to Misener Marine. 330,221 11 Carpenter Complex Clubhouse Renovations - NEW PROJECT 315-93606 3,000,000 To establish the project and record a budget increase of $3,000,000 in General Fund revenue, which will be transferred from the unappropriated retained earnings of the General Fund. This was approved by the City Council on June 19, 2008. 3,000,000 12 Miscellaneous Minor Public Art - NEW PROJECT To establish the project and record a budget transfer of 325-93608 10,553 $10,552.72 in General Fund revenue from project 325-94621, Fleet Maintenance Facility Expansion. This represents the public art funding set aside in that project, which will now be transferred to a miscellaneous public art project. This new project will combine public art funds with other projects that won't have public art on site. 10,553 Item # 6 23 * indicates budget amendment only Attachment number 14 Page 3 of 11 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2007/08 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 13 Clearwater Golf Course Acquisition - NEW PROJECT 315-93609 2,025,000 To establish a project and record a budget increase of $2,025,000 in General Fund revenue, which will be transferred from the unappropriated retained earnings of the General Fund. This was approved by the City Council on June 19, 2008. 2,025,000 14 Other Fire Vehicles - CLOSE PROJECT 316-94237 (7,205) To record a budget decrease of $7,205.34 in Lease Purchase revenue, which will close the project. The equipment has been purchased. (7,205) 15 Fencing of Facilities 315-94518 (31,887) To record a budget transfer of $31,886.91 in Gas Fund revenue to project 315-96377, Pinellas New Mains & Service Lines. The funding is not needed in the fencing project. (31,887) 16 Fleet Maintenance Facility Expansion - CLOSE PROJECT 315-94621 (130,990) To record a budget decrease of $130,990.19 in General Fund revenue, which will be returned to the unappropriated retained earnings of the General Fund for reappropriation. 325-94621 (10,553) To record a budget transfer of $10,552.72 in General Fund revenue to project 325-93608, Miscellaneous Minor Public Art. This represents the public art funding set aside, which will now be transferred to a miscellaneous minor public art project. This new project combines public art funds with other projects that won't have public art on site. (141,543) 17 Tidemark Upgrade 315-94801 70,000 To record a budget increase of $70,000 in General Fund revenue, which will be transferred from the operating budget of Development Services. This represents debt savings within that 316-94801 (70,000) budget and will be offset by a budget decrease of $70,000 in Lease Purchase revenue. 18 Environmental Assessment & Clean-up 315-94803 (75,402) To record a budget transfer of $75,402 in General Fund revenue to project 315-94846, FBO Building Improvements. This was approved by the City Council on August 18, 2008 for the renovations of the sewer system and ground water cleanup. (75,402) 19 Financial System Replacement - CLOSE PROJECT 315-94809 (76,628) To record a budget transfer of $76,627.61 in Administrative Services Fund revenue to project 315-94828, Financial System Upgrades. The Financial System Replacement project is complete. (76,628) 20 Financial System Upgrades 315-94828 76,628 To record a budget transfer of $76,627.61 in Administrative Services Fund revenue from project 315-94809, Financial System Replacement. The Financial System Replacement project is complete. 76,628 Item # 6 24 * indicates budget amendment only Attachment number 14 Page 4 of 11 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2007/08 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 21 FBO Building Improvements 315-94846 99,598 To record a budget increase of $99,598 in FDOT grant revenue and a budget transfer of $75,402 in General Fund revenue from 315-94846 75,402 project 315-94803, Environmental Assessment & Clean-up. This was approved by the City Council on August 18, 2008 for the renovations of the sewer system and ground water cleanup. 175,000 22 Station Square Park To record budget transfers of $519,619.91, as follows: 315-94848 490,143 $490,143.47 in Penny for Pinellas revenue from project 315-92269, Downtown Streetscape 315-94848 29,476 $29,476.44 in Stormwater revenue from project 315-96124, Storm Pipe System Improvements. These amendments were approved by the City Council on June 19, 2008 to provide funding for the construction of Station Square Park. 519,620 23 Storm Pipe System Improvements 315-96124 (29,476) To record a budget transfer of $29,476.44 in Stormwater revenue to project 315-94848, Station Square Park. This was approved by the City Council on June 19, 2008 to provide funding for the construction of Station Square Park. 315-96124 149,680 To record a budget transfer of $149,679.96 in Stormwater Utility revenue from project 315-96149, Storm System Expansion. 380-96124 (149,680) This will be offset by a budget transfer of $149,679.96 in '09 Stormwater Bond proceeds to project 380-96149, Storm System Expansion. This will allow the oldest bond revenue to be spent fi rst. 315-96124 (3,688) To record a budget transfer of $3,688.46 in Stormwater Utility revenue to project 315-96141, Kapok Flood Restoration. This 357-96124 3,688 will be offset by a budget transfer of $3,688.46 in 04 Stormwater Utility from project 357-96141, Kapok Flood Resolution. This will allow the oldest bond revenue to be spent first. To record budget transfers of $987,092.58 in Stormwater revenue, as follows: 315-96124 (59,078) $59,077.90 to 315-96125, Prospect Lake Park 315-96124 (928,015) $928,014.68 to 315-96161, Coastal Basin Improvements To record budget transfers of $1,697,480.56 in Stormwater revenue, as follows: 380-96124 (1,662,749) $1,662,749.12 to project 380-96152, Lake Bellevue Stormwater Improvements 380-96124 (34,731) $34,731.44 to project 380-96161, Coastal Basin Improvements These amendments were approved by the City Council on June 19, 2008 as part of the restructuring of the Stormwater projects. 315-96124 17,021 To record a budget increase of $17,021.43 in Stormwater Utility revenue. This represents excess cash funding from the debt service funds due to the use of 3rd quarter interest earnings. (2,697,028) Item # 6 25 * indicates budget amendment only Attachment number 14 Page 5 of 11 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2007/08 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 24 Prospect Lake Park To record a budget transfer of $59,077.90 in Stormwater Utility 315-96125 59,078 revenue from project 315-96124, Storm Pipe System Improvements. This was approved June 19, 2008 by the City Council as part of the restructuring of the Stormwater projects. 59,078 25 Kapok Flood Restoration - BUDGET AMENDMENT ONLY 315-96141 4,350 To record a budget increase of $4,350 in Other Governmental revenue representing grant revenue received from SWFWMD for the park signage. To record budget transfers of $19,418.32 in Stormwater Utility revenue, as follows: 315-96141 3,688 $3,688.46 from project 315-96124, Storm Pipe System Improvements 315-96141 15,730 $15,729.86 from project 315-96149, Storm System Expansion This will be offset by budget transfers in 04 Stormwater Bond proceeds, as follows: 357-96141 (3,688) $3,688.46 to project 357-96124, Storm Pipe System Improvements 357-96141 (15,730) $15,729.86 to project 357-96149, Storm System Expansion These amendments will allow the oldest bond revenue to be spent first. 315-96141 (85,147) To record a budget transfer of $85,147.29 in Stormwater Utility revenue to project 315-96152, Lake Bellevue Stormwater Improvements. 357-96141 21,572 To record a budget transfer of $21,571.59 in 04 Stormwater Bond proceeds from project 357-96152, Lake Bellevue Stormwater Improvements. These amendments were approved by the City Council on June 19, 2008 as part of the restructuring of the stormwater projects. (59,226) 26 Stevenson Creek Implementation Projects 315-96144 (39,128) To record a budget transfer of $39,128.37 in Stormwater Utility revenue to project 315-96154, Alligator Creek Drainage. Improvements. This will be offset by a budget transfer of 357-96144 39,128 $39,128.37 in 04 Stormwater Bond proceeds from project 357-96154, Alligator Creek Drainage Improvements. This will allow the oldest bond revenue to be spent first. 315-96144 29,983 To record a budget transfer of $29,983.46 in Stormwater Utility revenue from project 315-96152, Lake Bellevue Stormwater Improvements. To record budget transfers of $131,695.80 in 04 Stormwater Bond proceeds, as follows: 357-96144 8,428 $8,428.41 from project 357-96152, Lake Bellevue Stormwater Improvements 357-96144 123,267 $123,267.39 from project 357-96154, Alligator Creek Drainage Improvements To record budget transfers of $130,680.67 in 09 Stormwater Bond proceeds, as follows: 380-96144 (38,412) $38,411.87 to project 380-96152, Lake Bellevue Stormwater Improvements 380-96144 (87,802) $87,802.26 to project 380-96154, Alligator Creek Drainage Improvements Item # 6 26 * indicates budget amendment only Attachment number 14 Page 6 of 11 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2007/08 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 380-96144 (4,467) $4,466.54 to project 380-96158, Transfer Yard Upgrade. These amendments were approved by the City Council on June 19, 2008 as part of the restructuring of the stormwater projects. 380-96144 " (1,000,000) To record a budget transfer of $1,00,000 of 09 Stormwater Bond proceeds to project 380-96166, Spring Branch Enhancements. 315-96144 " (1,000,000) To also record budget transfers of $1,000,000 in SWFWMD grant funding to project 315-96166, Spring Branch Enhancements. These amendments were approved by the City Council on August 21, 2008 as part of the work order to Malcolm Pirnie. (1,969,001) 27 Storm System Expansion To record budget transfers of $178,596.21 in Stormwater Utility revenue, as follows: 315-96149 (149,680) $149,679.96 to project 315-96124, Storm Pipe System Improvements 315-96149 (15,730) $15,729.86 to project 315-96141, Kapok Flood Restoration 315-96149 (13,186) $13,186.39 to project 315-96154, Alligator Creek Drainage Improvements These amendments will be offset by budget transfers of $28,916.25 in 04 Stormwater Bond proceeds, as follows: 357-96149 15,730 $15,729.86 from project 357-96141, Kapok Flood Restoration 357-96149 13,186 $13,186.39 from project 357-96154, Alligator Creek Drainage Improvements An additional offset to the first amendment includes a budget 380-96149 149,680 transfer of $149,679.96 in 09 Stormwater Bond proceeds from project 380-96124, Storm Pipe System Improvements. These amendments will allow the oldest bond revenue to be spent first. 315-96149 (75,686) To record a budget transfer of $75,686.12 in Stormwater Utility revenue to project 315-92267, Beach Walk. To record budget transfers of $366,407.25 in 04 Stormwater Bond proceeds, as follows: 357-96149 75,686 $75,686.12 from project 357-92267, Beach Walk 357-96149 18,146 $18,146.40 from project 357-92269, Downtown Streetscape 357-96149 117,133 $117,133.27 from project 357-96152, Lake Bellevue Stormwater Improvements 357-96149 139,189 $139,188.50 from project 357-96154, Alligator Creek Drainage Improvements 357-96149 16,253 $16,252.96 from project 357-96158, Transfer Yard Upgrade 380-96149 (63,868) To record a budget transfer of $63,868.33 of 09 Stormwater Utility Bond proceeds to project 380-96158, Transfer Yard Upgrade. These amendments were approved by the City Council on June 19, 2008 as part of the restructuring of the stormwater projects. 226,853 28 Lake Bellevue Stormwater Improvements 315-96152 85,147 To record a budget transfer of $85,147.29 in Stormwater Utility revenue from project 315-96141, Kapok Flood Resolution. 315-96152 (29,983) To record a budget transfer of $29,983.46 of Stormwater Utility to project 315-96144, Stevenson Creek Implementation Projects. To record budget transfers of $147,133.27 in 04 Stormwater Item # 6 27 * indicates budget amendment only Attachment number 14 Page 7 of 11 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2007/08 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Bond proceeds, as follows: 357-96152 (21,572) $21,571.59 to project 357-96141, Kapok Flood Resolution (8,428) $8,428.41 to project 357-96144, Stevenson Creek Implementation Projects (117,133) $117,133.27 to project 357-96149, Storm System Expansion To record budget transfers of $2,032,060.74 in 09 Stormwater Bond proceeds, as follows: 380-96152 1,662,749 $1,662,749.12 from project 380-96124, Storm Pipe System Improvements 380-96152 38,412 $38,411.87 from project 380-96144, Stevenson Creek Implementation Projects 380-96152 330,900 $330,899.75 from project 380-96164, Allen's Creek Improvement Projects 380-96152 (286) To record a budget transfer of $285.58 in 09 Stormwater Bond proceeds to project 380-96154, Alligator Creek Drainage Improvements. These amendments were all approved by the City Council on June 19, 2008 as part of the restructuring for the stormwater projects. 29 Alligator Creek Drainage Improvements To record budget transfers of $52,314.76 in Stormwater Utility revenue, as follows: 315-96154 13,186 $13,186.39 from project 315-96149, Storm System Expansion 315-96154 39,128 $39,128.37 from project 315-96144, Stevenson Creek Implementation Projects. This will be offset by budget transfers of $52,314.76 in 04 Stormwater Bond proceeds, as follows: 357-96154 (13,186) $13,186.39 to project 357-96149, Storm System Expansion 357-96154 (39,128) $39,128.37 to project 357-96144, Stevenson Creek Implementation Projects. This will allow the oldest bond revenue to be spent first. 315-96154 2,589,507 To record a budget transfer of $2,589,507 in Stormwater Utility revenue, which will be transferred from the unappropriated retained earnings of the Stormwater Utility Fund. This is offset 380-96154 (2,589,507) by a budget decrease of $2,589,507 in 09 Stormwater Utility Bond proceeds. To record budget transfers of $292,145.39 in 04 Stormwater Bond proceeds, as follows: 357-96154 (123,267) $123,267.39 to project 357-96144, Stevenson Creek Implementation Projects 357-96154 (139,189) $139,188.50 to project 357-96149, Storm System Expansion 357-96154 (29,690) $29,689.50 to project 357-96161, Coastal Basin Improvements To record budget transfers of $149,073.43 in 09 Stormwater Utility Bond proceeds, as follows: 380-96154 87,802 $87,802.26 from project 380-96144, Stevenson Creek Implementation Projects 380-96154 286 $285.58 from project 380-96152, Lake Bellevue Stormwater Improvements 380-96154 29,690 $29,689.50 from project 380-96161, Coastal Basin Improvements 380-96154 31,296 $31,296.09 from project 380-96164, Allen's Creek Improvement Project 1,939,806 Item # 6 28 * indicates budget amendment only Attachment number 14 Page 8 of 11 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2007/08 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 380-96154 315-96154 30 357-96158 380-96158 380-96158 380-96158 31 315-96161 357-96161 380-96161 380-96161 380-96161 315-96161 These amendments were all approved by the City Council on June 19, 2008 as part of the restructuring for the stormwater projects. To record a budget transfer of $541,037.12 in 09 Stormwater (541,037) Utility Bond proceeds to project 380-96167, Alligator Creek Channel G Drainage Improvements. (451,037) To also record a budget transfer of $451,037.12 in SWFWMD grant revenue to project 315-96167, Alligator Creek Channel G Drainage Improvements. This was approved by the City Council on August 21, 2008 as part of the award of the contract to Keystone Excavators. (1,135,146) Transfer Yard Upgrade (16,253) To record a budget transfer of $16,252.96 in 04 Stormwater Utility revenue to project 357-96149, Storm System Expansion. To record budget transfers of $86,218.72 in 09 Stormwater Utility Bond proceeds, as follows: 4,467 $4,466.54 from project 380-96144, Stevenson Creek Implementation Projects 63,868 $63,868.33 from project 380-96149, Storm System Expansion 17,884 $17,883.85 from project 380-96164, Allen's Creek Improvement Projects These amendments were all approved by the City Council on June 19, 2008 as part of the restructuring for the stormwater projects. 69,966 Coastal Basin Improvements 928,015 To record a budget transfer of $928,014.68 of Stormwater revenue from project 315-96124, Storm Pipe System Improvements. 29,690 To record a budget transfer of $29,689.50 of 04 Stormwater Utility Bond proceeds to project 357-96154, Alligator Creek Drainage Improvements. (29,690) To record a budget transfer of $29,689.50 in 09 Stormwater Utility Bond proceeds from project 380-96154, Alligator Creek Drainage Improvements. To record budget transfers of $59,451.75 in 09 Stormwater Utility Bond proceeds, as follows: 34,731 $34,731.44 from project 380-96124, Storm Pipe System Improvements 24,720 $24,720.31 from project 380-96164, Allen's Creek Improvement Projects These amendments were all approved by the City Council on June 19, 2008 as part of the restructuring for the stormwater projects. 175,683 To record a budget increase of $175,682.54 in Fee in Lieu of Drainage revenue, which will be transferred from the Special Development Fund. This reflects fees collected in lieu of providing a drainage retention area on a newly developed site. 1,163,149 Item # 6 29 * indicates budget amendment only Attachment number 14 Page 9 of 11 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2007/08 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 32 Allen's Creek Improvement Projects - BUDGET AMENDMENT ONLY To record budget transfers of $404,800 in 09 Stormwater Utility Bond proceeds, as follows: 380-96164 (330,900) $330,899.75 to project 380-96152, Lake Bellevue Stormwater Improvements 380-96164 (31,296) $31,296.09 to project 380-96154, Alligator Creek Drainage Improvements 380-96164 (17,884) $17,883.85 to project 380-96158, Transfer Yard Upgrade 380-96164 (24,720) $24,720.31 to project 380-96161, Coastal Basin Improvements These amendments were all approved by the City Council on June 19, 2008 as part of the restructuring for the stormwater projects. (404, 800) 33 Exotic & Invasive Species Control - BUDGET AMENDMENT ONLY & CLOSE PROJECT 315-96165 (165) To record a budget decrease of $165 in National Fish & Wildlife grant revenue, which will allow actual cash to equal budget. The project is finished and will be closed. (165) 34 Spring Branch Enhancement Project - NEW PROJECT 380-96166 " 1,000,000 To establish the project and record a transfer of $1,000,000 of 09 Stormwater Bond proceeds from project 380-96144, Stevenson Creek Implementation. To also record budget transfers of 315-96166 " 1,000,000 $1,000,000 in SWFWMD grant funding Stormwater revenue from project 315-96144, Stevenson Creek Implementation. amendments were approved by the City Council on August 21, 2008 as part of the work order to Malcolm Pirnie. 2,000,000 35 Alligator Creek Channel G Drainage Improvements - NEW PROJECT To establish the project and record a budget transfer of 380-96167 541,037 $541,037.12 in 09 Stormwater Utility Bond proceeds from project 380-96154, Alligator Creek Drainage Improvements. To 315-96167 451,037 also record a budget transfer of $451,037.12 in SWFWMD grant revenue from project 315-96154, Alligator Creek Drainage Improvements. This was approved by the City Council on August 21, 2008 as part of the award of the contract to Keystone Excavators. 992,074 36 Pinellas New Mains & Service Lines 315-96377 31,887 To record a budget transfer of $31,886.91 in Gas Fund revenue from project 315-94518, Fencing of Facilities. The funding is not needed in the fencing project. 315-96377 77,096 To record a budget increase of $77,095.68 in Property Owner's Share revenue. This represents actual cash received from property owners for work performed on their property by City of Clearwater crews. 108,983 37 Odor Control - BUDGET AMENDMENT ONLY 315-96615 28,109 To record a budget increase of $28,109.35 in Other Governmental revenue, representing reimbursements received from SWFWMD. This will bring the cash in the project in line with the project budget. 28,109 Item # 6 30 * indicates budget amendment only Attachment number 14 Page 10 of 11 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2007/08 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 38 WPC Internal Recycle Modifications - BUDGET AMENDMENT ONLY 315-96616 12,923 To record a budget increase of $12,922.84 in Other Governmental revenue, representing reimbursements received from Safety Harbor. This will bring the cash in the project in line with the project budget. To record budget transfers of $398,783.08 in Sewer revenue, as follows: 315-96616 (128,479) $128,478.88 to project 315-96620, WWTP Headworks 315-96616 (270,304) $$270,304.21 to project 315-96664, WPC R&R. The WPC Internal Recycle Modifications project is complete and can be closed. (385,860) 39 WWTP Headworks 315-96620 128,479 To record a budget transfer of $128,478.88 in Sewer revenue from project 315-96616, WWTP Internal Recycle Modifications. The WPC Internal Recycle Modifications projects is complete and can be closed. 128,479 40 WWTP Aeration Improvements 376-96622 915,000 To record a budget transfer of $915,000 in 2008 Water & Sewer Bond proceeds from project 376-96665, Sanitary Sewer R&R. This was approved by the City Council on June 5, 2008 for the construction and post-design engineering for the Marshall Street APCF process air system upgrade. 915,000 41 WPC R&R 315-96664 270,304 To record a budget transfer of $270,304.21 in Sewer revenue from project 315-96616, WWTP Internal Recycle Modifications. The WPC Internal Recycle Modifications projects is complete and can be closed. 270,304 42 Sanitary Sewer R&R 315-96665 (3,901,908) To record a budget decrease of $3,901,907.58 in Sewer revenue which will be returned to the Water & Sewer Fund. This will be 376-96665 3,901,908 offset by a budget increase of $3,901,907.58 in 08 Water & Sewer Bond proceeds. These amendments were approved by the City Council on August 7, 2008 as part of the restructuring of the Water & Sewer projects. 376-96665 (915,000) To record a budget transfer of $915,000 in 2008 Water & Sewer Bond proceeds to project 376-96622, WWTP Aeration Improvements. This was approved by the City Council on June 5, 2008 for the construction and post-design engineering for the Marshall Street APCF process air system upgrade. (915,000) 43 Pump Station Replacement 315-96686 233,213 To record a budget increase of $233,213.34 in Sewer revenue, This represents excess cash funding from the debt service funds due to the use of 3rd quarter interest earnings. Item # 6 31 * indicates budget amendment only Attachment number 14 Page 11 of 11 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2007/08 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment 315-96686 (114,883) To record a budget decrease of $114,883.42 in Sewer revenue, which will be returned to the Water & Sewer Fund. This will be 376-96686 114,833 offset by a budget increase of $114,833.42 in 08 Water & Sewer Bond proceeds. These amendments were approved by the City Council on August 7, 2008 as part of the restructuring of the Water & Sewer projects. 233,163 44 Reclaimed Water Distribution 376-96739 (227,990) To record a budget transfer of $227,990 in 09 Water & Sewer Bond proceeds to project 376-96761, Telemetry for Wells. This 378-96739 227,990 will be offset by a budget transfer of $227,990 in 06 Water & Sewer Bond proceeds from project 378-96761, Telemetry for Wells. This will allow the oldest bond revenue to be spent first. 376-96739 (141,745) To record a budget transfer of $141,744.78 in 09 Water & Sewer Bond proceeds to project 376-96766, Water Quality Monitoring Devices. This will be offset by a budget transfer of $141,744.78 378-96739 141,745 in 06 Water & Sewer Bond proceeds from 378-96766, Water Quality Monitoring Devices. This will allow the oldest bond revenue to be spent first. 0 45 Well Rehabilitation 378-96750 187,811 To record a budget transfer of $187,810.61 in 06 Water & Sewer Bond proceeds from project 378-96759, Water Main Phases 15- 16-17. The Water Main Phases 15-16-17 project is complete. 187,811 46 Water Main Phases 15-16-17 - CLOSE PROJECT 378-96759 (187,811) To record a budget transfer of $187,810.61 in 06 Water & Sewer Bond proceeds to project 378-96750, Well Rehabilitation. The Water Main Phases 15-16-17 project is complete. (187,811) 47 Telemetry for Wells 376-96761 227,990 To record a budget transfer of $227,990 in 09 Water & Sewer Bond proceeds from project 376-96739, Reclaimed Water Distribution. This will be offset by a budget transfer of 378-96761 (227,990) $227,990 in 06 Water & Sewer Bond proceeds to project 378-96739, Reclaimed Water Distribution. This will allow the oldest bond revenue to be spent first. 0 48 Water Quality Monitoring Devices 376-96766 141,745 To record a budget transfer of $141,744.78 in 09 Water & Sewer Bond proceeds from project 376-96739, Reclaimed Water Distribution. This will be offset by a budget transfer of 378-96766 (141,745) $141,744.78 in 06 Water & Sewer Bond proceeds to project 378-96739, Reclaimed Water Distribution. This will allow the oldest bond revenue to be spent first. 0 TOTALS 5,923,873 0 5,923,873 Item # 6 32 * indicates budget amendment only Attachment number 15 Page 1 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2007 to June 30, 2008 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/07 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref PUBLIC SAFETY Police Protection 91147 Police Computer Network - II 1,201,330 396,028 396,028 235,028 40,000 121,000 Sub-Total 1,201,330 396,028 0 396,028 235,028 40,000 121,000 Fire Protection 91221 EMS Capital Equipment 1,037,316 1,037,316 1,037,316 973,608 9,375 54,333 91226 Vehicular Support 498,509 505,509 505,509 451,087 54,422 91229 Replace & Upgrade Airpacks 677,000 677,000 677,000 418,467 14,451 244,082 91236 Rescue Vehicle 250,000 250,000 57,560 307,560 307,560 0 91240 Fire GIS 74,000 74,000 (49,202) 24,798 24,798 0 0 91242 Fire Training Facility 4,915,000 4,915,000 4,915,000 3,339,825 1,405,003 170,172 91245 Fire Garage Door Replcmt 94,000 94,000 94,000 94,000 0 91247 Traffic Pre-Emption 180,000 180,000 180,000 29,548 150,452 91252 Station 48 Renovation/Expansion 651,500 651,500 651,500 92,338 41,844 517,318 91253 Main Station (Fire) 3,000,000 3,000,000 3,000,000 50,944 2,949,056 91255 Exhaust Systems 155,480 155,480 155,480 155,480 91256 Security Access Systems 90,380 90,380 90,380 37,647 52,733 91257 AED Program 60,500 60,500 60,500 35,585 1,645 23,270 91258 Ladder Truck Equipment 150,000 150,000 150,000 76,156 73,844 91259 Radio Replacements 100,000 100,000 100,000 58,722 41,278 91260 Thermal Imaging Cameras 20,000 20,000 20,000 9,486 9,192 1,322 91261 Personal Protection Equipment 323,000 323,000 323,000 212,267 110,733 91262 SCBA Upgrades-Fill Station 73,900 73,900 73,900 73,500 400 91263 Extrication Tools 56,000 56,000 56,000 51,471 4,529 Sub-Total 12,406,585 12,413,585 8,358 12,421,943 5,955,951 1,862,569 4,603,423 TRANSPORTATION New Street Construction 92146 Druid Rd Improvements 3,112,191 3,112,191 3,112,191 1,453,205 196,764 1,462,223 Sub-Total 3,112,191 3,112,191 0 3,112,191 1,453,205 196,764 1,462,223 Major Street Maintenance 92259 Traffic Calming 11,687,941 11,687,941 11,687,941 3,895,932 1,113,737 6,678,272 92266 Streets, Sidewalks & Bridges 14,498,751 10,534,043 10,534,043 10,534,043 (0) 92267 Beach Walk 31,326,849 31,533,448 31,533,448 29,043,492 2,404,220 85,736 92268 Bluff to Beach Guideway 140,000 140,000 140,000 90,000 50,000 92269 Downtown Streetscape 11,523,314 11,704,060 (557,690) 11,146,370 9,592,657 863,071 690,642 92270 Gulf to Bay/ Highland Imprv 1,500,000 1,500,000 1,500,000 1,500,000 92271 Courtney Campbell Landscape 150,000 122,115 122,115 122,115 0 92273 Streets & Sidewalks 2,775,720 6,429,593 6,429,593 1,127,175 42,272 5,260,146 92274 Bridge Maint Improvements 200,000 349,820 349,820 6,744 182,083 160,993 Sub-Total 73,802,575 74,001,020 (557,690) 73,443,330 54,412,157 4,605,382 14,425,791 Sidewalks and Bike Trail 92339 New Sidewalks 389,833 550,848 550,848 464,336 27,760 58,751 92340 Clw Bch West Bridge Co 4,967,166 4,967,166 111 4,967,277 4,192,541 267,170 507,565 92342 Beach Connector Trail 287,809 1,556,390 1,556,390 217,797 68,097 1,270,496 Sub-Total 5,644,808 7,074,404 111 7,074,515 4,874,675 363,027 1,836,812 Intersections 92551 City-Wide Intersection Imprv 915,778 915,778 915,778 442,556 473,222 92552 Signal Renovation 1,065,698 1,065,698 1,065,698 890,368 84,764 90,566 92553 New Signal Installation 841,789 841,789 841,789 606,819 80,696 154,274 92558 Intersection Improvements-11 1,834,918 1,785,742 1,785,742 694,954 52,369 1,038,419 Sub-Total 4,658,183 4,609,007 0 4,609,007 2,634,698 217,828 1,756,481 C C C C Item # 6 33 Attachment number 15 Page 2 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2007 to June 30, 2008 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/07 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Parking 92630 Parking Lot Resurfacing 1,529,023 1,511,603 1,511,603 593,285 918,317 92632 Pkng Garage Structure Rpr 1,293,432 1,293,432 1,293,432 688,954 604,478 92636 Parking Lot Improvement 1,212,976 1,197,627 1,197,627 855,187 64,452 277,988 92641 Seashell Parking Lot 6,000,000 6,000,000 6,000,000 6,000,000 92646 Station Square Parking 1,300,000 1,300,000 1,300,000 1,300,000 Sub-Total 11,335,431 11,302,661 0 11,302,661 2,137,427 64,452 9,100,783 Miscellaneous Engineering 92820 Memorial Causeway Br Repl 37,258,665 37,258,665 37,258,665 36,916,696 80,155 261,813 92822 Miscellaneous Engineering 434,025 434,025 434,025 271,415 334 162,276 92837 Beach Area Traffic Study 0 38,250 38,250 38,250 0 C Sub-Total 37,692,690 37,730,940 0 37,730,940 37,226,361 80,489 424,089 LEISURE Land Acquisition 93129 Bayview Park 650,000 649,241 649,241 649,241 (0) C Sub-Total 650,000 649,241 0 649,241 649,241 0 (0) Park Development 93203 Carpenter Fld-Infras Rep/Imp 150,000 150,000 150,000 75,044 74,956 93204 Concrete Sidewalk & Pad 422,913 422,913 422,913 397,136 25,777 93205 Com Sprts Cmp Infr Rep/Imp 275,822 275,822 275,822 240,931 34,891 93210 Mem Cswy Lndscp/Beaut 1,260,135 1,162,316 1,162,316 1,162,316 (0) C 93213 Prk Amenity Purch & Rplcmnt 734,942 734,942 734,942 683,941 51,000 93214 Long Center Playground 555,000 554,051 554,051 554,051 (0) C 93229 Tennis Court Resurfacing 569,082 569,082 569,082 500,817 68,266 93230 Playground & Fitness Equip Purch 8 1,305,210 1,305,210 1,305,210 1,276,549 28,661 93241 Crest Lake Pk Improvemts 200,000 188,939 188,939 188,939 (0) C 93244 P&B Trucks 34,500 29,587 29,587 29,587 0 C 93246 Long Center Pool Project 925,000 925,000 925,000 902,244 1,040 21,716 93247 Fitness Equipment Replacement 75,000 75,000 75,000 29,454 2,665 42,881 93248 National Guard Armory Renovation 220,000 850,140 850,140 490,956 351,279 7,905 93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 3,135,000 40,458 2,070 3,092,472 93252 EC Moore East Bat Tunnel 225,456 215,315 215,315 215,315 (0) C 93254 JRS Infrast Rep & Demo 224,918 221,782 221,782 221,782 0 C 93255 P&B Maint Bldg 100,000 100,000 100,000 91,662 8,338 93256 C/S Comm Pk Bldg 425,000 425,000 425,000 414,784 6,051 4,165 93257 Joe D Sports Complex Demo 296,000 296,000 296,000 245,218 50,486 295 93262 Fencing Replacemt Program 992,555 992,555 992,555 886,921 9,234 96,400 93263 Public Art Maintenance 1,373 1,498 1,498 1,498 93264 Enterprise Rd Dog Park 400,000 457,459 11,447 468,906 19,868 449,037 93265 Beach Lib/Rec Ctr Renovations 490,000 810,873 810,873 297,423 513,450 0 93269 Light Replacement 1,501,676 1,501,676 100,000 1,601,676 1,420,314 36,957 144,406 93271 Swimming Pool R&R 354,400 354,400 354,400 233,553 499 120,348 93272 Bike Paths/Bridges 1,730,000 1,730,000 1,730,000 988,905 21,970 719,126 93273 Restrooms on Clwr Beach 600,000 588,000 588,000 588,000 93277 Harborview Infra Rep/Impr 535,451 535,451 535,451 326,001 49,670 159,780 93278 Long Center Infra Repairs 317,000 318,708 318,708 296,367 22,341 93283 C/S Rec Ctr BB Crt Refurbishmt 70,000 70,000 (11,447) 58,554 58,554 0 C 93286 Pking Lot/Bike Pth Rsr/Imprv 386,943 386,943 386,943 313,073 73,870 93601 Lake Chat Equest & Nat Preser 6,000,000 6,000,000 6,000,000 4,392 5,995,608 93602 Sp Events Equip Rep & Replcmt 30,000 30,000 30,000 10,451 19,549 93603 Forklift 34,000 34,000 34,000 25,299 8,701 93604 Brdwlks & Docks Rep & Replcmt 50,000 50,000 50,000 12,549 37,451 93605 Ross Norton Park Improvemts 0 200,000 200,000 99,004 50,756 50,240 93606 Carpenter Cmpl Clubhouse Ren 0 0 3,000,000 3,000,000 3,000,000 93607 P&R Cust Mgmt & Fac Sch Sys 0 60,000 60,000 60,000 93608 Misc Minor Public Art 0 0 10,553 10,553 10,553 93609 Clearwater Golf Course Acq 0 0 2,025,000 2,025,000 2,025,000 Sub-Total 24,627,375 25,757,662 5,135,553 30,893,215 12,728,560 1,121,426 17,043,230 Item # 6 11 12 13 34 Attachment number 15 Page 3 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2007 to June 30, 2008 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/07 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Marine Facilities 93402 Bayfront Promenade 1,047,007 1,047,007 330,221 1,377,228 246,961 1,130,266 10 93403 Beach Guard Facility Maint 30,000 30,000 30,000 14,059 15,941 93404 High & Dry Marina Feasibility Study 54,000 54,000 54,000 54,000 0 C 93405 Downtown Boat Slips 486,796 13,522,893 13,522,893 483,129 10,590,608 2,449,156 93407 Sailing Center Expansion 400,000 400,000 400,000 54,208 308,544 37,248 93408 Bch Rec Ctr Boat Ramp Rplcmnt 0 700,000 700,000 51,709 98,000 550,292 93413 Utilities/Svcs Replace 383,966 383,966 383,966 373,556 10,410 93429 Dock Replacement & Repair 324,040 324,040 324,040 302,241 21,799 93490 Fuel System R&R 134,792 134,792 134,792 52,000 82,792 93495 Dock Construction 39,750 39,750 39,750 16,408 23,342 93496 Marine Fac Dredge/Maint 541,781 541,781 541,781 513,402 236 28,142 93497 Docks & Seawalls 486,085 486,085 486,085 121,641 2,496 361,948 93499 Pier 60/Sailing Ctr Maint 135,313 135,313 135,313 122,227 13,086 Sub-Total 4,063,530 17,799,627 330,221 18,129,848 2,405,539 10,999,885 4,724,424 Airpark 94817 Airpark Maint & Repair 70,000 70,000 70,000 62,887 2,037 5,076 94846 FBO Bldg Improvements 250,000 250,000 175,000 425,000 140,770 6,141 278,089 21 Sub-Total 320,000 320,000 175,000 495,000 203,657 8,178 283,165 Libraries 93523 New Main Library 19,230,130 18,897,115 18,897,115 18,897,115 0 C 93527 Books & Other Lib Mat - II 3,369,191 3,369,191 3,369,191 2,916,490 13,317 439,384 Sub-Total 22,599,321 22,266,306 0 22,266,306 21,813,605 13,317 439,384 Garage 94230 Fleet Asset Mgmt Sys 250,702 250,702 250,702 237,552 12,609 540 94232 Radio User Equip Replcmt 900,000 900,000 900,000 704,938 124,673 70,389 94233 Motorized Equip-Cash II 538,179 538,179 538,179 510,956 2,475 24,749 94234 Motorized Equip - LP II 16,307,641 16,307,641 16,307,641 14,370,236 1,006,427 930,979 94236 Radio Simulcast Upgrade 462,258 462,258 462,258 462,258 0 C 94237 Other Fire Vehicles 18,000 18,000 (7,205) 10,795 10,795 0 C 14 Sub-Total 18,476,780 18,476,780 (7,205) 18,469,575 16,296,735 1,146,184 1,026,657 Building Maintenance 94510 Air Cond Replace-City Wide 2,118,459 2,118,459 2,118,459 1,693,276 97,491 327,692 94512 Roof Repairs 587,635 587,635 587,635 444,755 142,880 94514 Roof Replacements 1,495,334 1,495,334 1,495,334 831,378 135,800 528,156 94517 Painting of Facilities 721,925 624,380 624,380 314,889 309,491 94518 Fencing of Facilities 196,698 196,698 (31,887) 164,811 120,268 3,500 41,044 15 94519 Flooring for Facilities 794,642 794,642 794,642 642,479 152,163 94521 Elevator Refurb/Modernization 220,000 220,000 220,000 220,000 94522 B&M Asset Mgmt Sys 130,886 130,886 130,886 123,691 5,561 1,634 94524 Long Ct Major Infrst Imprvmts 805,000 805,000 805,000 65,143 739,857 Sub-Total 7,070,579 6,973,034 (31,887) 6,941,147 4,235,880 242,351 2,462,916 General Public City Buildings & Equipment 94620 New City Hall 108,750 108,750 108,750 164 108,586 94621 Fleet Maint Facility Expansion 1,183,077 1,183,077 (141,543) 1,041,534 1,041,534 (0) C 16 94622 MSB/Lib Hurricane Protection 620,000 620,000 620,000 598,679 5,122 16,200 94623 Public Comm Office Renovations 14,000 14,000 14,000 10,962 3,038 Sub-Total 1,925,827 1,925,827 (141,543) 1,784,284 1,651,339 5,122 127,824 Item # 6 35 Attachment number 15 Page 4 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2007 to June 30, 2008 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/07 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Miscellaneous 94714 Downtown Redevelopment 1,323,064 1,323,064 1,323,064 1,323,064 (0) 94729 City-wide Connect Infra 1,481,334 1,481,479 1,481,479 1,020,430 6,342 454,707 94736 Geographic Information 1,027,726 1,027,726 1,027,726 842,081 21,000 164,645 94761 Poll Stor Tank Rem/Repl-Gen 393,658 393,658 393,658 235,001 7,387 151,271 94765 IMR Development 1,342,517 1,342,517 1,342,517 1,342,517 (0) 94801 Tidemark Upgrade 802,623 802,623 802,623 501,829 729 300,065 94803 Envrmmntl Assmt & Clean-up 779,066 779,066 (75,402) 703,664 298,676 404,988 94809 Financial Sys Replacement 1,050,640 1,050,640 (76,628) 974,012 974,012 0 94814 Network Infra & Server Upgr 935,202 935,057 935,057 922,703 12,354 94820 HR Peoplesoft Upgrade 450,000 450,000 450,000 75,420 374,580 94824 IT Disaster Recovery 200,000 200,000 200,000 179,290 20,710 94827 Telecommunications Upgrade 154,000 154,000 154,000 154,000 94828 Financial Sys Upgrades 300,000 300,000 76,628 376,628 90,952 285,675 94829 CIS Upgrades / Rplcmnt 447,376 447,376 447,376 60,290 387,086 94830 MS Licensing / Upgrades 650,000 650,000 650,000 2,883 647,117 94831 Evaluation & Appraisal Rept 295,190 295,190 295,190 295,190 0 94833 Computer Monitors 320,000 320,000 320,000 258,666 61,334 94839 Roadway & Traffic Asset Mgt 100,000 100,000 100,000 100,000 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 400,000 9,821 0 390,179 94848 Station Square Park 0 0 519,620 519,620 519,620 0 94850 Backfile Conversion of Records 500,000 500,000 500,000 44,805 455,195 (0) Sub-Total 12,952,396 12,952,396 444,218 13,396,613 8,477,632 1,010,271 3,908,711 UTILITIES Stormwater Utility 96124 Storm Pipe System Improv 9,317,461 9,289,989 (2,697,028) 6,592,961 5,958,825 195,047 439,089 96125 Prospect Lake Park 7,551,769 7,551,769 59,078 7,610,847 7,488,247 22,200 100,400 96129 Stev Ck Estuary Restor 8,356,327 8,356,327 8,356,327 2,051,080 6,305,247 96137 FDEP Compliance 1,008,000 1,008,000 1,008,000 113,165 21,478 873,356 96141 Kapok Flood Resolution 18,919,929 18,919,929 (59,226) 18,860,703 18,799,314 27,326 34,064 96144 Stevensen Crk Impl Projects 12,138,972 13,179,595 (1,969,001) 11,210,594 9,216,692 132,414 1,861,488 96149 Storm Sys Expansion 775,849 930,179 226,853 1,157,032 790,625 366,407 96150 Morningside/Meadows Drain 3,463 127 127 127 (0) 96152 Lake Bellevue Stormwater Imp 2,553,935 2,546,621 1,939,806 4,486,427 612,426 3,874,001 96154 AlligatorCklmplemt - II 8,729,110 8,729,110 (1,135,146) 7,593,964 1,106,249 108,573 6,379,142 96158 Transfer Yard Upgrade 640,000 640,000 69,966 709,966 100,131 16,336 593,499 96160 Coopers Point Observation Tower 323,470 61,206 61,206 61,206 0 96161 Coastal Basin Improvement 1,281,300 2,180,816 1,163,149 3,343,965 68,283 117,308 3,158,374 96162 Channel Improvements 717,220 0 0 0 96164 Allen's Creek Improvement Projects 1,281,300 1,281,300 (404,800) 876,500 876,500 96165 Exotic & Inv Species Control 200,000 200,000 (165) 199,835 199,835 0 96166 Spring Branch Enhancement 0 0 2,000,000 2,000,000 2,000,000 96167 Alligator Ck Chan G Drain Impr 0 0 992,074 992,074 992,074 Sub-Total 73,798,106 74,874,968 185,560 75,060,529 46,566,204 640,682 27,853,642 Water System 96721 System R & R-Maintenance 933,360 1,021,660 1,021,660 853,490 168,170 96739 Reclaimed Water Dist 45,744,326 46,563,488 46,563,488 37,052,682 1,257,465 8,253,341 96740 Water Supply/Treatment 5,442,034 5,442,034 5,442,034 4,210,764 158,123 1,073,147 96741 System R & R-Capitalized 9,460,404 9,460,404 9,460,404 7,116,067 860,935 1,483,402 96742 Line Relocation-Capitalized 11,548,137 11,447,804 11,447,804 5,558,967 6,332 5,882,505 96743 Mtr Bkflow Prev Dev/Chang 3,399,182 3,399,182 3,399,182 1,806,067 8,164 1,584,950 96744 System Expansion 2,249,673 2,249,673 2,249,673 1,243,652 1,006,021 96747 Rain Sensor Rebates 1,819 1,819 1,819 1,819 (0) 96750 Well Rehabilitation 1,354,379 1,354,379 187,811 1,542,190 1,024,448 17,243 500,500 96752 Water Service Lines 3,876,792 3,876,792 3,876,792 3,139,766 737,026 96757 Water Pick up Trucks 111,801 79,021 79,021 79,021 0 96758 Fluoride in Water System 289,780 289,780 289,780 83,596 3,775 202,409 17 18 19 20 C 22 23 24 25 26 27 C 28 29 30 C 31 C 32 C 33 34 35 44 C Item # 6 45 36 Attachment number 15 Page 5 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2007 to June 30, 2008 Description Budget 10/01/07 Amended Prev Qtr Actual Expenditures Revised Project Open Amdmts Budget To Date Encumbr Available Balance Amend Status Ref 96759 Water Main Ph 15-16-17 2,500,000 2,500,000 (187,811) 2,312,189 2,312,189 (0) C 46 96760 Elevated Water Tanks Upgrade 2,958,600 2,958,600 2,958,600 2,138,038 32,789 787,773 96761 Telemetry for Wells 1,065,000 1,065,000 1,065,000 122,658 19,094 923,248 47 96763 Wellfield Expansion 3,977,310 3,977,310 3,977,310 363,638 470,650 3,143,023 96764 RO Plant Exp Res #1 1,335,040 1,335,040 1,335,040 505,791 557,529 271,720 96766 Water Quality Monitoring Devices 600,000 600,000 600,000 8,255 591,745 48 96767 RO Plant Exp Res #2 2,902,120 2,902,120 2,902,120 170,341 440,386 2,291,393 96768 Rebate Well, Lk, Pnd IrrAbandmt 100,000 100,000 100,000 3,840 96,160 96769 Trackhoe & Trailer 41,000 41,000 41,000 24,386 16,614 Sub-Total 99,890,758 100,665,107 0 100,665,107 67,819,475 3,832,485 29,013,146 Sewer System 96602 WWTP New Blending Tanks 400,000 0 0 0 C 96611 Bio-Solids Treatment 11,197,883 11,287,758 11,287,758 7,657,460 5,442 3,624,856 96613 NE Filter/Marshall Blow MCC 2,894,812 2,856,691 2,856,691 2,856,691 1 C 96615 Odor Control 714,746 714,746 28,109 742,855 652,537 37,707 52,612 37 96616 WPC Int Recycle Modifications 2,340,331 2,340,331 (385,860) 1,954,471 1,954,471 0 C 38 96619 WWTP Generator Replacements 3,118,331 3,118,331 3,118,331 1,404,655 29,253 1,684,423 96620 WWTP Headworks 4,835,000 6,268,174 128,479 6,396,653 684,223 5,712,429 0 39 96621 WWTP New Presses 1,778,786 1,778,786 1,778,786 155,637 63,963 1,559,186 96622 WWTP Aeration Imp 2,982,000 2,982,000 915,000 3,897,000 297,875 3,495,167 103,958 40 96624 Liquid Disinfection 825,279 825,279 825,279 118,872 21,358 685,050 96630 Sanitary Sewer Ext 4,040,894 4,040,894 4,040,894 821,896 3,218,998 96634 San Util Reloc Accmmdtn 3,660,228 3,571,783 3,571,783 2,365,872 42 1,205,869 96645 Laboratory Upgrade & R&R 902,029 902,029 902,029 779,337 122,692 96654 Facilities Upgrade & Improv 2,180,517 2,180,517 2,180,517 1,649,077 531,440 96664 WPC R & R 9,908,398 10,177,913 270,304 10,448,217 9,337,117 261,120 849,980 41 96665 Sanitary SewerR&R 24,327,540 24,336,785 (915,000) 23,421,785 14,198,145 1,310,562 7,913,078 42 96666 WWTP New Bypass & NE Pump 1,230,000 400,000 400,000 400,000 96670 Poll Stor Tk Remov-WPC 192,226 192,226 192,226 159,479 32,747 96685 WPC Master Plan Ph III 1,513,993 1,513,993 1,513,993 1,513,993 0 C 96686 Pump Station Replacement 13,854,814 13,854,814 233,163 14,087,977 10,416,168 742,214 2,929,595 43 Sub-Total 92,897,808 93,343,050 274,195 93,617,245 57,023,503 11,679,258 24,914,485 Gas System 96358 Environmental Remediation 1,936,936 1,936,936 1,936,936 835,265 96,210 1,005,462 96365 Line Relocation-Pinell Maint 2,216,089 1,551,089 1,551,089 332,436 1,218,653 96367 Gas Meter Change Out-Pin 1,030,000 1,030,000 1,030,000 110,640 919,360 96374 Line Relocation-Pin Capit 2,736,983 2,736,983 2,736,983 1,501,968 95,359 1,139,656 96376 Line Relocation - Pas Maint 430,000 430,000 430,000 10,406 419,594 96377 Pinellas New Main / Ser 11,478,613 11,478,613 108,983 11,587,595 9,458,714 2,128,881 36 96378 Pasco New Mains / Ser 12,141,782 9,141,782 9,141,782 7,038,049 55,275 2,048,457 96379 Pasco Gas Mtr Change Out 400,000 400,000 400,000 2,456 397,544 96381 Line Reloc-Pasco-Capital 455,000 455,000 455,000 954 454,046 96382 Gas Inventory - Work mgmt Sys 992,000 992,000 992,000 693,307 298,693 96384 Gas Building Renovation 574,800 574,675 574,675 126,336 3,085 445,254 96385 Gas Main Extensions 1,057,845 1,057,845 1,057,845 489,411 568,434 Sub-Total 35,450,048 31,784,923 108,983 31,893,905 20,599,942 249,929 11,044,034 Item # 6 37 Attachment number 15 Page 6 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2007 to June 30, 2008 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/01/07 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Solid Waste 96426 Facility R&R 1,476,752 1,476,752 1,476,752 1,083,345 393,406 96438 Vehicle Acquisition 906,461 906,461 906,461 777,258 129,203 96440 Improvements to SW Complx 208,785 208,785 208,785 86,809 121,977 96442 SW Vehicle Replacement 1,029,769 1,029,769 1,029,769 544,815 484,954 96443 Res Container Acquisition-II 641,741 641,741 641,741 424,866 11,066 205,809 96444 Comm Container Acquisition-II 1,220,020 1,220,020 1,220,020 807,981 90,467 321,572 Sub-Total 5,483,527 5,483,527 0 5,483,527 3,725,074 101,533 1,656,921 Utility Miscellaneous 96516 Citywide Aerial Photo 189,666 189,666 189,666 149,533 40,134 96521 PW Infra Mgmt System 1,318,260 1,318,260 1,318,260 1,238,171 80,089 96523 Pub Utilities Adm Bldg R&R 235,054 235,054 235,054 189,807 45,247 Sub-Total 1,742,980 1,742,980 0 1,742,980 1,577,510 0 165,471 Recycling 96804 Recycling Carts/Dumpsters 671,925 671,925 671,925 349,898 24,250 297,777 96805 Recyc Expan/Prom/R&R 987,923 987,923 987,923 628,564 6,000 353,359 96806 Recycling Equip Replac 2,247,037 2,247,037 2,247,037 1,515,233 191,851 539,953 96807 Recycling Van Acquisition 151,000 151,000 151,000 146,600 4,400 Sub-Total 4,057,885 4,057,885 0 4,057,885 2,640,295 222,101 1,195,489 TOTAL ALL PROJECTS 555,860,713 569,713,148 5,923,873 575,637,022 377,343,690 38,703,233 159,590,098 Item # 6 38 Attachment number 16 Page 1 of 4 Special Program Fund Third Quarter Budget Amendments October 1, 2007 - June 30, 2008 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs Human Trafficking Immersion Training - To establish a project in the amount of $99,730 representing funds from the Department of Justice, Bureau of Justice Assistance to fund a Clearwater area task force on human trafficking, approved by the City Council on August 7, 1 99268 99,730 2008. 99,730 Red Light Running Year 2 - To record a $233.37 budget decrease in Office of Criminal Justice funds to match budgeted revenues with 2 99270 (233) actual revenues received and close project. (233) FY '07 JAG Equipment Grant - To record a $384.80 budget decrease in Office of Criminal Justice funds to match budgeted revenues with 3 99271 (385) actual revenues received and close project. (385) Bulletproof Vest 2006 - To record a $21,532.49 budget increase in funding from the 4 99275 21,532 US Department of Justice. 21,532 Justice Assistance Grant FY05 - 07 - Record a $200.91 budget increase in interest earnings to match budget revenues with actual revenues 5 99283 201 received. 201 Justice Assistance Grant - Record a $941.85 budget increase in interest earnings to match budgeted revenues with actual revenues 6 99299 942 received. 942 Police Education Fund - Record a $9,730.57 budget increase in Police Education Fines to match budgeted revenues with actual revenues 7 99317 9,731 received. 9,731 Investigative Recovery Costs - Record a $39,016.34 budget increase in court forfeiture fees to match budgeted revenues with actual 8 99329 39,016 revenues received. 39,016 Florida Contraband Forfeiture - Record a $87,649.19 budget increase in court forfeiture fees to match budget revenues with actual 9 99330 87,649 revenues received. 87,649 Page 39 Item # 6 Attachment number 16 Page 2 of 4 Special Program Fund Third Quarter Budget Amendments October 1, 2007 - June 30, 2008 Amdmt Project Number Number 10 99350 Increase/ (Decrease) Intrafund Amount Transfer 11 99387 Public Safety Program Totals: 3,720 35,931 294,114 3,720 Community Development Programs Amount Description Vehicle Replacement Fund - To record a budget transfer of $3,720.00 from 181-99908 Outside Duty Program. These transfers reflect an additional charge per each Outside Duty job that requires a police vehicle. This fund has been established to set aside money for the replacement of vehicles for the Police Department's Take Home Car Plan. Federal Forfeiture Sharing - Record a $35,931.10 budget increase in federal forfeiture revenue from the Department of Justice to match budgeted revenues with actual revenues received. Housing Rehab 2007 - To record a budget transfer in the amount of $49,157.22 of 2007 unused project funds to 181-99618 Infill Housing 2008 to close prior year HUD programs and roll balance forward to current fiscal 2008. 12 99462 (49,157) Infill Housing 2007 - To record a budget transfer of $32,961.29 to 181-99618 Infill Housing 2008 to close prior year HUD programs and roll balance forward to current fiscal 2008. 13 99466 14 99612 15 99618 Community Development: Total : 0 (32,961) Public Facilities & Improvements 2008 - To record a budget transfer of $198,258.00 of unused 2007 and 2006 Public Facilities project funds from 181-99618 Infill Housing 2008 These unused funds were transferred to 181- 99618 Infill Housing 2008 at mid year 2008 in 198,258 error. Infill Housing 2008 - To record a net budget decrease $116,139.49 representing the following: 1) budget transfers of $49,157.22 from 181-99462 Housing Rehab 2007 and $32,961.29 from 181-99466 Infill Housing 2007, to close prior year balances and roll balances forward to current year 2008, and 2) a budget transfer of $198,258.00 to 181-99612 Public Facilities & Improvements 2008. These unused funds were transferred to 181-99618, (116,139) Infill Housing 2008 at mid year in error. 0 Net Budget Amendment 3,720 35,931 297,834 (49,157) (32,961) 198,258 (116,139) 0 Page 40 Item # 6 Attachment number 16 Page 3 of 4 Special Program Fund Third Quarter Budget Amendments October 1, 2007 - June 30, 2008 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Miscellaneous Programs: Management Training Initiatives - To record a budget increase of $90,000.00 of General Fund revenues representing operating savings in the Fire Department operating budget. This funding will replenish the program and allow the 16 99843 90,000 program to continue. 90,000 Special Events YR 07-08 - To record a $400,836.25 budget increase representing: $350,981.92 in sales revenues, $6,500.00 in sponsorships, $10,874.35 in memberships registrations, $3,990.82 in donations, $10,689.00 in Other Refunds and $17,800.16 in rentals to match budgeted revenues with actual 17 99851 400,836 revenues received. 400,836 State Brownfield Redevelopment - To record a $1,332.78 budget increase in interest earnings to match budgeted revenues with 18 99871 1,333 actual revenues received. 1,333 Public Art Donations - Establish a $14,500.00 19 99875 14,500 budget representing donations received for 14,500 Florida Bar Student Internship - Establish a $2,400.00 budget representing a $1,200.00 grant from the Florida Bar Association along with $1,200.00 match from the general fund representing operating savings in the City Attorney's office. The purpose of this grant is to enhance student educational experience in 20 99876 2,400 the areas of local government law. 2,400 Building Code Enforcement Surplus - Record a $364,299.00 budget decrease in General Fund revenues, returning funds to the General Fund. This decrease represents transfer to the general fund to cover deficits in revenues over expenses based upon SB 442 for Fiscal Year 07 and to make a correction to the amount calculated in Fiscal years 06 as approved by the City Council on August 21, 21 99877 (364,299) 2008. (364,299) JWB - North Greenwood Camp 2008 - Establish a $82,430.00 budget representing the Juvenile Welfare Board grant funding for fiscal year 2007/2008, as approved by the Council 22 99886 82,430 April 17, 2008. 82,430 Page 41 Item # 6 Attachment number 16 Page 4 of 4 Special Program Fund Third Quarter Budget Amendments October 1, 2007 - June 30, 2008 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment JWB - Ross Norton Camp 2008 - Establish a $33,668.00 budget representing Juvenile Welfare Board grant funding for fiscal year 2007/2008. Approved by the Council April 17, 23 99887 33,668 2008. 33,668 Teen Club - Record a $357.00 budget increase in donations to match budgeted revenues with 24 99889 357 actual revenues received. 357 Fire Department Honor Guard - Record a $411.00 budget increase in donations to match budgeted revenues with actual revenues 25 99898 411 received. 411 Police - Outside Duty - Record a $165,139.00 budget increase representing $168,859.00 in contractual services to match budgeted revenues with actual revenues received offset by a $3,720.00 budget and actual transfers to 181-99350 Vehicle Replacement Fund. The $3,720.00 will be used to fund replacement 26 99908 168,859 (3,720) police vehicles. 165,139 Library Special Account - Record a $13,114.42 budget increase in donations to match budgeted revenues with actual revenues 27 99910 13,114 received. 13,114 Peg Access Support - Record a $19,500.00 budget increase in donations representing Public Education and Government funding received from Knology to be used to support our 28 99925 19,500 C-View channel 15. 19,500 Parks & Recreation Specified & Gift Program - Record a $8,063.00 budget increase in donations to match budgeted revenues with 29 99962 8,063 actual revenues received. 8,063 Tree Replacement Program - Record $3,129.24 budget increase in fines to match budgeted revenues with actual revenues 30 99970 3,129 received. 3,129 Miscellaneous Programs Total: 474,302 (3,720) 470,582 Grand Total: 768,416 0 768,416 Page 42 Item # 6 Attachment number 17 Page 1 of 2 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2007 to June 30, 2008 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 2008 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99128 Countrywide Consistency Grant 45,050 45,050 0 45,050 33,910 0 11,140 99141 Historic District Evaluation 40,000 40,000 0 40,000 27,852 0 12,148 99142 Design Review 10,000 10,000 0 10,000 0 0 10,000 99143 Enclave Annexation 15,000 15,000 0 15,000 0 0 15,000 99144 Boos Development Mitigation 250,000 250,000 0 250,000 30 79,605 170,365 Sub-Total 360,050 360,050 0 360,050 61,792 79,605 218,653 PUBLIC SAFETY PROGRAMS 99268 Human Trafficking Immersion Trng 0 0 99,730 99,730 0 0 99,730 99269 AmeriCorps Clearwater 2008 0 194,242 0 194,242 88,039 0 106,203 99270 Red Light Running ProjectYR 2 0 32,225 (233) 31,992 31,992 0 0 C 99271 FY 07 JAG Equipment Grant 103,971 103,971 (385) 103,586 103,586 0 0 C 99272 BZPP 2005 Grant 99,999 99,978 0 99,978 99,978 0 0 C 99273 Americorps Clearwater 2007 190,512 182,735 0 182,735 151,290 0 31,445 99274 Homeless Shelter 07 121,078 237,791 0 237,791 237,791 0 0 99275 Bulletproof Vest Partnership'06 14,268 14,268 21,532 35,800 5,432 0 30,368 99276 Red Light Running Project 52,000 49,993 0 49,993 49,993 0 0 C 99277 Clearwater Human Trafficking 450,000 450,000 0 450,000 142,201 0 307,799 99279 Police Recruitments 50,000 50,000 0 50,000 31,544 0 18,456 99280 AmeriCorps Clearwater 2006 263,792 174,359 0 174,359 174,359 0 0 C 99281 Fed Forfeitures - Treasury 120,760 126,811 0 126,811 20,871 0 105,940 99282 COPS Technology 2005 246,661 246,661 0 246,661 122,224 81,482 42,955 99283 Justice Assistance Grant FY05-07 105,437 106,612 201 106,813 103,493 0 3,320 99284 BeachWalk Police Aides 80,000 80,000 0 80,000 64,829 0 15,171 99286 COPS 2004 Technology 692,634 692,634 0 692,634 458,986 232,029 1,619 99289 Downtown Ambassadors 3,000 3,000 0 3,000 160 0 2,840 99290 Traffic Safety 1,841 1,841 0 1,841 1,277 0 564 99299 Justice Assistance Grant FY07-08 69,086 71,654 942 72,595 0 0 72,595 99310 K-9 Equipment 26,758 27,758 0 27,758 27,293 0 465 99316 Police Volunteers 100,500 101,000 0 101,000 85,425 0 15,575 99317 Police Education Fund 1,004,328 1,028,275 9,731 1,038,006 933,947 22,646 81,413 99325 Citizen's Police Academy 34,113 34,113 0 34,113 28,982 0 5,131 99329 Investigative Recovery Costs 1,522,560 1,637,540 39,016 1,676,556 1,033,502 0 643,054 99330 FL Contraband Forfeiture Fnd 712,108 762,884 87,649 850,533 510,384 0 340,149 99331 Law Enforcement Trust FD'91 2,272,108 2,527,463 0 2,527,463 2,034,615 0 492,848 99332 Officer Friendly Program 149,230 149,231 0 149,231 144,809 28 4,394 99350 Vehicle Replacement Fund 77,510 91,510 0 91,510 0 0 91,510 99353 DUI Education 3,000 3,000 3,720 6,720 1,420 0 5,300 99356 Safe Neighborhood Program 231,645 246,645 0 246,645 189,386 0 57,259 99363 DUI Equipment Fund 19,000 19,000 0 19,000 18,889 0 111 99364 Crime Prevention Program 22,620 23,095 0 23,095 16,234 0 6,861 99387 Federal Forfeiture Sharing 638,226 724,468 35,931 760,400 357,902 20,490 382,008 99947 Safe Neighborhood TV Specialist 533,648 558,648 0 558,648 514,344 150 44,154 Sub-Total 10,012,393 10,853,407 297,834 11,151,241 7,785,177 356,825 3,009,239 COMMUNITY DEVELOPMENT 99414 Public Fac & Imprvmts 2004 768,562 768,562 0 768,562 768,562 0 0 C 99421 Housing Consulting Service 115,000 115,000 0 115,000 49,334 0 65,666 99424 Public Fac & Imprvmts 2005 249,400 249,400 0 249,400 249,400 0 0 C 99425 Public Svices 2005 155,322 155,322 0 155,322 155,323 0 0 C 99451 Public Services 2006 161,997 161,997 0 161,997 161,997 0 0 C 99452 Public Facilities 2006 303,750 303,750 0 303,750 303,750 0 0 C 99453 Economic Development 2006 37,017 37,017 0 37,017 37,017 0 0 C 99454 Housing Rehab 2006 201,318 101,318 0 101,318 101,318 0 0 99455 Program Administration 2006 195,026 195,026 0 195,026 195,026 0 0 C 99456 Fair Housing 2006 14,868 14,868 0 14,868 14,868 0 0 99457 Relocation /Demolition 2006 6,000 6,000 0 6,000 6,000 0 0 99458 Infill Housing 2006 214,458 214,458 0 214,458 214,458 0 0 C 99459 Public Services 2007 189,162 177,421 0 177,421 168,158 9,263 0 99460 Public Facilities 2007 613,838 91,225 0 91,225 82,826 8,400 0 99461 Economic Development 2007 215,975 27,254 0 27,254 27,254 0 0 C 99462 Housing Rehab 2007 409,837 114,169 (49,157) 65,012 65,012 0 0 99463 Program Administration 2007 420,084 166,715 0 166,715 166,715 0 0 C 99464 Fair Housing 2007 43,284 15,294 0 15,294 15,294 0 0 99465 Reloc/Demolition 2007 140,889 17,209 0 17,209 17,209 0 0 10 11 12 43 Item # 6 Attachment number 17 Page 2 of 2 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2007 to June 30, 2008 Description Budget 2008 Amended Prev Qtr Amdmt Revised Budget Actual Expenditures Project Open To Date Encumbr Available Balance Amend Status Ref 99466 Infill Housing 2007 356,535 45,734 (32,961) 12,772 12,772 0 0 13 99611 Public Services 2008 135,107 135,107 0 135,107 49,667 85,440 0 99612 Public Facilities 2008 173,660 173,660 198,258 371,918 13,606 123,660 234,652 14 99613 Economic Development 28,000 28,000 0 28,000 21,454 0 6,546 99614 Housing Rehab 2008 270,776 270,776 0 270,776 56,240 0 214,536 99615 Program Administration 2008 177,691 177,691 0 177,691 140,303 0 37,388 99616 Fair Housing 2008 27,319 27,319 0 27,319 22,890 4,429 0 99617 Relocation/Demolition'08 40,000 191,670 0 191,670 (44,366) 0 236,036 99618 Infill Housing 2008 112,500 1,795,411 (116,139) 1,679,272 1,301,111 0 378,161 15 Sub-Total 5,777,374 5,777,374 0 5,777,375 4,373,198 231,192 1,172,984 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 551,061 551,061 0 551,061 132,236 0 418,825 99562 HUD Special Education 30,000 30,000 0 30,000 26,200 0 3,800 Sub-Total 581,061 581,061 0 581,061 158,436 0 422,625 MARINE 99704 Sembler Mitigation Project 586,992 611,195 0 611,195 113,148 22,620 475,427 99707 Beach Guard Donations 63,913 68,093 0 68,093 55,098 0 12,995 Sub-Total 650,905 679,289 0 679,289 168,246 22,620 488,422 MISCELLANEOUS PROGRAMS 99802 Brownfield Revolving Loan 1,200,000 1,200,000 0 1,200,000 155,391 69,182 975,427 99804 City Manager's Flexibility Fund 771,238 771,238 0 771,238 540,349 44,000 186,889 99822 JWB - Ross Norton Teen 2001 210,314 246,602 0 246,602 238,120 0 8,482 99834 Neighborhood Services Grants 150,000 150,000 0 150,000 108,616 0 41,384 99835 JWB - Programmer N Greenwood 163,464 205,367 0 205,367 194,059 0 11,308 99837 Federal EPA Assessment 400,000 400,000 0 400,000 400,000 0 0 99843 Mgt Training Initiatives 721,547 721,547 90,000 811,547 421,174 0 390,373 16 99844 United Way 6,080 6,080 0 6,080 3,536 0 2,544 99845 Assistance to Firefighters Grt Prog 418,925 325,364 0 325,364 325,364 0 0 C 99846 Economic Development - QTI 72,360 72,360 0 72,360 32,804 0 39,556 99847 JWB - Wood Valley Teens 100,746 136,272 0 136,272 123,750 0 12,522 99850 Performing Art Center 300,000 300,000 0 300,000 300,000 0 0 C 99851 Special Events FY07-08 1,268,526 2,129,732 400,836 2,530,568 2,393,867 14,969 121,732 17 99852 JWB - N. Greenwood Camp 2007 100,993 90,269 0 90,269 90,269 0 0 C 99853 JWB - Ross Norton Camp 2007 48,441 33,569 0 33,569 33,569 0 0 C 99854 Brownfield EPA Assessment 0 400,000 0 400,000 71,375 49,770 278,855 99870 Drive Cam Driver 15,000 15,000 0 15,000 14,900 95 5 99871 State Brownfields Redevelopment Ac( 151,249 154,855 1,333 156,188 85,608 0 70,580 18 99875 Public Art Donations 0 0 14,500 14,500 0 0 14,500 19 99876 Florida Bar Student Internship 0 0 2,400 2,400 0 0 2,400 20 99877 Building Code Enforcement Surplus 482,818 482,818 (364,299) 118,519 0 0 118,519 21 99879 Youth Engagement Initiatives 1,000 1,000 0 1,000 1,000 0 0 C 99885 Clearwater Auto Site 350,000 350,000 0 350,000 350,000 0 0 99886 JWB - N. Greenwood Camp 2008 0 0 82,430 82,430 14,561 0 67,869 22 99887 JWB - Ross Norton Camp 2008 0 0 33,668 33,668 5,505 500 27,663 23 99889 Teen Club 2,111 2,889 357 3,246 1,745 0 1,501 24 99890 Cultural Art Festival 13,081 13,081 0 13,081 0 0 13,081 99898 Fire Dept Honor Guard 8,645 10,041 411 10,452 9,135 0 1,317 25 99899 GASB 34 Implementation 238,000 238,000 0 238,000 62,338 20,000 155,662 99908 Police - Outside Duty 3,656,278 3,999,575 165,139 4,164,714 4,230,929 0 (66,216) 26 99910 Library Special Account 521,766 562,446 13,114 575,560 458,537 0 117,023 27 99925 Peg Access Support 779,761 779,761 19,500 799,261 686,607 0 112,654 28 99927 Emergency Operation 4,125,098 4,125,098 0 4,125,098 2,704,868 98,247 1,321,983 99928 Nagano Sister City Program 72,329 72,329 0 72,329 72,305 0 24 99950 IDB Fees 54,131 54,131 0 54,131 32,830 0 21,301 99962 P&R Specified & Gift Program 1,319,604 1,333,181 8,063 1,341,244 1,330,178 0 11,066 29 99966 Integrated Disability Mgmt Assess 80,000 80,000 0 80,000 40,000 0 40,000 99970 Tree Replacement Project 792,172 828,611 3,129 831,740 589,156 870 241,714 30 99982 EMS Incentive/Recognition 45,175 48,400 0 48,400 36,910 0 11,490 99983 Local Mitigation Strategy 50,000 50,000 0 50,000 45,744 0 4,256 99995 Water Conservation Devices 100,000 100,000 0 100,000 100,000 0 0 99997 Main Library Field Trust Fund 115,571 115,571 0 115,571 0 0 115,571 99998 Safety Village 26,166 26,166 0 26,166 21,716 0 4,450 Sub-Total 18,932,590 20,631,354 470,582 21,101,935 16,326,813 297,633 4,477,487 TOTAL ALL PROJECTS 36,314,374 38,882,533 768,416 39,650,949 28,873,662 987,875 9,789,408 44 Item # 6 Attachment number 18 Page 1 of 1 City of Clearwater SPECIAL DEVELOPMENT FUND Third Quarter Amendments FY 2007/08 Increase/ (Decrease) Description Revenues By the end of August, basically all property tax revenues have been received. The budget is adjusted to Ad Valorem Taxes $6,770 reflect actual collections for the year for road millage. The amendment reflects an estimated decrease in Infrastructure Sales Tax Revenue (980,000) Sales Tax Revenue with the slowing economy. Preliminary cash pool estimates were estimated very conservatively. Interest is adjusted based upon known Interest Earnings 1,100,000 activity for the year. The budget amendment reflects an increase based Fee in Lieu of Drainage 1,960 upon actual receipts to date. The budget amendment reflects a decrease based Open Space Impact Fees (80,000) upon actual receipts to date. The budget amendment reflects a decrease based Recreation Facility Impact Fees (30,000) upon actual receipts to date. The budget amendment reflects a decrease based Recreation Land Impact Fees (162,500) upon actual receipts to date. The budget amendment reflects a decrease based Transportation Impact Fees (83,700) upon actual receipts to date. The budget amendment reflects a decrease based Developer Public Art Contributions 147,990 upon actual receipts to date. The budget amendment reflects a decrease based Fee in Lieu of Sidewalks 5,080 upon actual receipts to date. Third quarter amendments reflect the allocation of prior year "fee in lieu of drainage fees" to capital project 315- 96161, Coastal Basins to provide additional revenue to Allocation of Undesignated Reserves 173,719 this project as necessary. $ 99,319 Net Revenue Amendments Expenditures Third quarter amendments reflect the transfer of $175,682.54 of unallocated "fee in lieu of drainage fees" to capital project 315-96161, Coastal Basins to provide Transfer to Capital Improvement Fund 175,683 additional revenue to this project as necessary. $ 175,683 Net Expenditure Amendments 45 Item # 6 Attachment number 19 Page 1 of 2 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2007 - June 30, 2008 Original Budget 2007/08 First Quarter Mid Year Third Quarter Amended Budget Amended Budget Amended Budget 2007/08 2007/08 2007/08 Amendments Revenues: SPECIAL DEVELOPMENT FUND Ad Valorem Taxes Infrastructure Tax Interest Earnings Fee in Lieu of Drainage Open Space Fees Recreation Facility Impact Fees Recreation Land Impact Fees Transportation Impact Local Option Gas Tax Developer Public Art Contributions Fee in Lieu of Sidewalks Allocation of Designated Reserves Allocation of Undesignated Reserves Transfer-In from Capital Improvement Plan Expenditures: Transfer to Capital Improvement Fund Road Millage Infrastructure Tax Transportation Impact fees Open Space Impact fees Recreation Land Impact fees Local Option Gas Tax Fee in lieu of Drainage Undesignated Retained Earnings Debt Service on Penny for Pinellas Bonds 2,820,720 2,820,720 2,820,720 2,827,490 6,770 11,365,000 11,365,000 10,565,000 9,585,000 (980,000) 600,000 600,000 600,000 1,700,000 1,100,000 0 0 0 1,960 1,960 200,000 200,000 200,000 120,000 (80,000) 50,000 50,000 50,000 20,000 (30,000) 405,000 405,000 405,000 242,500 (162,500) 308,700 308,700 308,700 225,000 (83,700) 1,522,560 1,522,560 1,522,560 1,522,560 0 0 0 147,990 147,990 0 0 0 5,080 5,080 895,000 895,000 895,000 895,000 0 0 2,000,000 2,173,719 173,719 0 0 0 0 18,166,980 18,166,980 19,366,980 19,466,299 99,319 2,820,720 2,820,720 2,820,720 2,820,720 3,350,000 3,950,000 3,950,000 3,950,000 290,000 320,750 320,750 320,750 750,000 750,000 750,000 750,000 750,000 750,000 750,000 750,000 1,100,000 1,100,000 1,100,000 1,100,000 0 0 0 175,683 175,683 0 0 2,000,000 2,000,000 6,873,030 6,873,030 6,873,030 6,873,030 15,933,750 16,564,500 18,564,500 18,740,183 175,683 46 Item # 6 Attachment number 19 Page 2 of 2 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2007 - June 30, 2008 Original Budget 2007/08 First Quarter Mid Year Third Quarter Amended Budget Amended Budget Amended Budget 2007/08 2007/08 2007/08 Amendments SPECIAL PROGRAM FUND Revenues: CDBG Program Income Interest Earnings Grant Funds Police Fines and Court Proceeds Donations Sales Rentals Sponsorships Memberships/Registrations Contractual Services Miscellaneous Transfers from General Fund United Way Program Sister City Program City Manager's Flexibility Fund Neighborhood Grants Other General Fund Expenditures: CDBG/Home Funds Public Safety Marine Parks & Recreation Special Events Sister City Program United Way Program Fund City Manager's Flexibility Fund Neighborhood Grants Special Event Funding Homeless Shelter Program GASB #34 Consulting Requirement AmeriCorp COPS - Matching Funds Other Miscellaneous Programs SPECIAL PROGRAM FUND Revenues: SHIP Funds Expenditures: SHIP Program 1,703,410 1,703,410 1,703,410 1,703,410 300,000 374,825 377,242 379,718 2,476 0 547,477 547,477 785,419 237,942 0 394,490 572,388 747,844 175,456 0 31,778 70,210 130,146 59,936 0 206,787 345,191 696,173 350,982 0 79,204 176,291 194,091 17,800 0 194,489 236,886 243,386 6,500 0 3,455 5,215 16,089 10,874 0 217,132 357,297 526,156 168,859 0 0 358 11,047 10,689 0 179,605 179,605 179,605 1,500 1,500 1,500 1,500 3,000 3,000 3,000 3,000 100,000 100,000 100,000 100,000 25,000 25,000 25,000 25,000 0 0 0 (273,099) (273,099) 2,132,910 4,062,152 4,701,070 5,469,486 768,416 1,703,410 1,703,410 1,703,410 1,703,410 0 660,938 978,290 1,531,263 552,973 0 28,383 28,383 28,383 0 88,792 88,792 628,646 539,854 0 0 283,897 283,897 3,000 3,000 3,000 3,000 1,500 1,500 1,500 1,500 100,000 100,000 100,000 100,000 25,000 25,000 25,000 25,000 0 577,308 577,308 577,308 0 116,713 116,713 116,713 0 0 0 0 0 0 0 0 0 457,108 494,776 170,364 (324,412) 1,832,910 3,762,152 4,401,069 5,169,485 768,416 1,195,250 1,195,250 1,195,250 1,195,250 0 1,195,250 1,195,250 1,195,250 1,195,250 1,195,250 1,195,250 1,195,250 1,195,250 0 47 Item # 6 Attachment number 20 Page 1 of 2 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2007 / 08 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change order have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. 6/20/08 Administrative Change Order #2 - Clearwater Beach Library & Recreation Center Consolidation (07-0044-PR). Deduct change Order #1 was approved 1/17/08. Change Order #1 reduced the contingency to 5% and deleted alternates 2, 3, 4, 5 and 9 from the contract. This change order is necessary to cover the costs of additional items due to unforeseen conditions. Oakhurst Construction Company 20,000.00 7/08/08 Administrative Change Order #1 Station Square Park Project (08-0007-EN). This contract was inadvertently awarded on June 19, 2008 for $25.50 less than the Contractor's total base bid plus alternated #1. Angle & Schmid, Inc. 25.50 7/15/08 Administrative Change Order #2 2007 Sidewalks Project (07-0034-EN). This change order is for the purpose of decreasing unused items, increasing items, and adding additional necessary items. This change order decreases the original contract amount. This change order adds no additional time to the contract. Southwest Contracting, Inc. (16,520.37) 8/01/08 Administrative Change Order #1 & Final NE APCF In-Plant Pump Station Rehab Project (07-0043-UT). This change order is for the purpose of decreasing unused items. This change order decreases the original contract amount. This change order adds no additional time to the contract. TLC Diversified, Inc. (10,734.40) 8/01/08 Administrative Change Order #1 & Final Refurbishment of Pedestrian Bridge Under FDOT Bridge # 43 (07-0024-EN). This change order is for the purpose of decreasing unused items. This change order adds no additional time to the contract. M&J Construction Company of Pinellas County, Inc. 0.00 9/02/08 Administrative Change Order #1 Multi Media Filters Improvements ? R.O. Plant # I (06-0051-UT). This change order is for the purpose of decreasing unused items and adding new items. This change order adds a time extension of twenty-eight days to the contract. Interstate Engineering, Inc. 65,195.48 48 Item # 6 Attachment number 20 Page 2 of 2 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2007 / 08 9/02/08 Administrative Change Order #1 & Final Pump Station # 16 Relocation Contract (02-0002-UT). This change order is for the purpose of decreasing unused items, adding new items and correction of 9/20/08 overstated awarded contract amount. This change order does not change the Contract Time. TLC Diversifies, Inc. (204,208.20) 49 Item # 6 Attachment number 21 Page 1 of 1 ORDINANCE NO. 7995-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER AND SEWER FUND, STORMWATER UTILITY FUND, GAS FUND, SOLID WASTE FUND, RECYCLING FUND, MARINA FUND, HARBORVIEW FUND, GENERAL SERVICES FUND, GARAGE FUND, AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2008, for operating purposes, including debt service, was adopted by Ordinance No. 7866-07; and WHEREAS, at the Third Quarter Review it was found that increases and decreases are necessary in the total amount of $16,154,187 for revenues and $14,739,998 for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 7866-07 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2007 and ending September 30, 2008 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard, Mayor Approved as to form: Pamela K. Akin, City Attorney Attest: Cynthia E. Goudeau, City Clerk Item # 6 50 Ordinance No. 7995-08 Attachment number 22 Page 1 of 2 EXHIBIT A 2007-08 BUDGET REVENUE First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2007/08 2007/08 2007/08 2007/08 Amendment General Fund: Property Taxes 47,273,940 47,273,940 47,273,940 47,473,000 199,060 Franchise Fees 9,833,640 9,833,640 9,833,640 9,427,000 (406,640) Utility Taxes 11,928,390 11,928,390 11,928,390 11,799,940 (128,450) Licenses, Permits & Fees 4,492,580 4,492,580 4,492,580 3,964,540 (528,040) Sales Tax 6,564,320 6,197,530 6,197,530 5,850,000 (347,530) Communications Services Tax 7,045,750 7,045,750 7,045,750 7,045,750 Intergovernmental Revenues 11,809,270 12,472,210 12,472,210 14,986,110 2,513,900 Charges for Current Services 3,763,800 3,799,950 3,869,800 3,895,800 26,000 Fines & Forfeitures 955,000 955,000 955,000 905,000 (50,000) Interest Income 1,263,950 1,263,950 1,263,950 1,848,950 585,000 Miscellaneous 1,053,710 1,503,710 1,803,710 1,949,210 145,500 Interfund Charges/ Transfers In 17,193,280 17,220,388 17,220,388 18,330,894 1,110,506 Transfer from Surplus 0 623,485 499,645 9,246,537 8,746,892 Total, General Fund 123,177,630 124,610,522 124,856,532 136,722,730 11,866,198 Special Revenue Funds: Special Development Fund 18,166,980 18,166,980 19,366,980 19,466,299 99,319 Special Program Fund 2,132,910 4,062,152 4,701,069 5,469,485 768,416 Local Housing Asst Trust Fund 1,195,250 1,195,250 1,195,250 1,195,250 Utility & Other Enterprise Funds: Water & Sewer Fund 59, 930,170 59, 930,170 56, 730,170 58, 310, 261 1,580,091 Stormwater Utility Fund 14,436,690 14,499,680 14,532,988 17,139,516 2,606,528 Solid Waste Fund 18,153,900 18,153,900 18,060,600 18,218,600 158,000 Gas Fund 50,656,650 53,123,570 52,144,160 49,603,100 (2,541,060) Recycling Fund 2,834,930 3,044,260 3,334,260 3,566,360 232,100 Marine (and Aviation) Fund 4,823,730 4,702,910 4,702,910 5,602,910 900,000 Airpark Fund 0 233,000 235,070 235,070 Parking Fund 4,102,130 4,342,130 4,447,830 4,447,830 Harborview Center Fund 704,360 704,360 704,360 775,855 71,495 Internal Service Funds: Administrative Services Fund 10,200,730 10,200,730 10,200,730 10,200,730 General Services Fund 5,236,710 5,236,710 5,236,710 5,243,810 7,100 Garage Fund 13,293,770 13,293,770 13,293,770 13,319,770 26,000 Central Insurance Fund 21,306,060 21,690,338 24,426,435 24,806,435 380,000 Total, All Funds 350,352,600 357,190,432 358,169,824 374,324,011 16,154,187 Ordinance #7995-08 51 Item # 6 Attachment number 22 Page 2 of 2 EXHIBIT A (Continued) 2007-08 BUDGET EXPENDITURES Original Budget 2007/08 First Quarter Amended Budget 2007/08 Mid Year Amended Budget 2007/08 Third Quarter Amended Budget 2007/08 udget Amendment General Fund: City Council 295,920 295,920 295,920 295,920 City Manager's Office 1,268,700 1,268,700 1,178,700 1,178,700 City Attorney's Office 1,676,820 1,676,820 1,676,820 1,751,819 74,999 City Audit 162,870 172,870 172,870 173,620 750 Development & Neighborhood Svcs 4,295,940 4,395,940 4,395,940 4,395,940 Economic Development & Housing S 1,436,710 1,436,710 1,436,710 1,436,710 Engineering 7,028,070 7,028,070 7,028,070 7,113,070 85,000 Equity Services 338,200 338,200 338,200 338,200 Finance 2,265,190 2,255,190 2,255,190 2,254,440 (750) Fire 21,423,410 21,423,410 21,423,410 22,905,740 1,482,330 Human Resources 1,231,480 1,231,480 1,231,480 1,231,480 Library 6,433,700 6,433,700 6,433,700 6,433,700 Marine & Aviation 1,221,490 1,221,490 1,261,490 1,261,490 Non-Departmental 6,394,690 7,691,432 7,791,432 16,951,291 9,159,859 Office of Management & Budget 305,160 305,160 305,160 305,160 Official Records & Legislative Svcs 1,255,700 1,255,700 1,255,700 1,255,700 Parks & Recreation 21,888,050 22,023,510 22,101,520 22,127,520 26,000 Planning 1,414,750 1,414,750 1,414,750 1,414,750 Police 36,970,730 36,970,730 37,088,730 38,074,240 985,510 Public Communications 1,098,590 1,098,590 1,098,590 1,100,990 2,400 Public Services 3,684,770 3,585,460 3,585,460 3,635,560 50,100 Allocation to Reserve 1,086,690 1,086,690 1,086,690 1,086,690 Total, General Fund 123,177,630 124,610,522 124,856,532 136,722,730 11,866,198 Special Revenue Funds: Special Development Fund 15,933,750 16,564,500 18,564,500 18,740,183 175,683 Special Program Fund 1,832,910 3,762,152 4,401,069 5,169,485 768,416 Local Housing Asst Trust Fund 1,195,250 1,195,250 1,195,250 1,195,250 Utility & Other Enterprise Funds: Water & Sewer Fund 59, 930,170 59, 930,170 56, 730,170 55, 902, 983 (827,187) Stormwater Utility Fund 14,436,690 14,499,680 14,532,988 15,873,306 1,340,318 Solid Waste Fund 18,068,320 18,068,320 17,975,000 17,909,830 (65,170) Gas Fund 45,896,470 47,777,980 46,782,550 47,350,340 567,790 Recycling Fund 2,834,930 3,017,740 3,307,440 3,338,290 30,850 Marine (and Aviation) Fund 4,774,180 4,522,040 4,522,040 5,372,040 850,000 Airpark Fund 0 232,540 235,070 235,070 Parking Fund 3,804,260 3,952,580 4,008,980 4,008,980 Harborview Center Fund 704,360 704,360 704,360 704,360 Internal Service Funds: Administrative Services Fund 10,197,640 10,197,640 10,197,640 10,197,640 General Services Fund 5,235,590 5,235,590 5,235,590 5,242,690 7,100 Garage Fund 13,293,770 13,293,770 13,293,770 13,319,770 26,000 Central Insurance Fund 19,986,040 20,370,318 23,106,415 23,106,415 Total, All Funds 341,301,960 347,935,152 349,649,364 364,389,362 14,739,998 Ordinance #7995-08 52 Item # 6 Attachment number 23 Page 1 of 1 ORDINANCE NO. 7996-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008, TO REFLECT A NET INCREASE OF $5,923,873, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2008 was adopted by Ordinance No. 7867-07; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 7867-07 is amended to read: Pursuant to the Third Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2007 and ending September 30, 2008, a copy of which is on file with the City Clerk, the City Council hereby adopts a Third Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Pamela K. Akin City Attorney Frank Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 53 Item # 6 Ordinance #7996-08 Attachment number 24 Page 1 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2007/08 2007/08 2007/08 2007/08 Amdmnts Police Protection 250,000 (555,302) (555,302) (555,302) Fire Protection 451,000 458,000 458,000 466,358 8,358 Major Street Maintenance 3,775,720 3,730,165 3,974,164 3,416,474 (557,690) Sidewalks and Bike Trail 0 161,015 1,429,596 1,429,707 111 Intersections 435,000 385,824 385,824 385,824 Parking 300,000 267,230 267,230 267,230 Miscellaneous Engineering 35,000 73,250 73,250 73,250 Land Acquisition 0 (759) (759) (759) Park Development 10,155,410 11,024,722 11,285,697 16,421,250 5,135,553 Marine Facilities 160,000 11,310,000 13,896,097 14,226,318 330,221 Airpark Facilities 10,000 10,000 10,000 185,000 175,000 Libraries 706,290 706,290 373,275 373,275 Garage 2,840,500 2,840,500 2,840,500 2,833,295 (7,205) Maintenance of Buildings 998,000 998,000 900,455 868,568 (31,887) General Public City Buildings 0 0 0 (141,543) (141,543) Miscellaneous 909,000 909,000 909,000 1,353,218 444,218 Stormwater Utility 5,511,300 6,554,854 6,588,162 6,773,722 185,560 Gas System 6,168,830 2,003,705 2,003,705 2,112,688 108,983 Solid Waste 160,000 160,000 160,000 160,000 Utilities Miscellaneous 44,000 44,000 44,000 44,000 Sewer System 12,347,280 12,871,722 12,792,522 13,066,717 274,195 Water System 10,971,460 11,714,662 11,745,809 11,745,809 Recycling 140,000 140,000 140,000 140,000 TOTAL 56,368,790 65,806,878 69,721,226 75,645,099 5,923,873 Item # 6 54 Ordinance # 7996-08 Attachment number 24 Page 2 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 GENERAL SOURCES: General Operating Revenue General Revenue/County Co-op Road Millage Penny for Pinellas Transportation Impact Fee Development Impact Fee Local Option Gas Tax Recreation Land Impact Fee Open Space Impact Fee Special Development Fund Drainage Impact Fees Special Program Fund Grants - Other Agencies Sales of Surplus Revenue Donation Revenue Other Governmental Units Other Contributions Property Owner's Share SELF SUPPORTING FUNDS: Marine/Aviation Revenue Parking Revenue Harborview Revenue Utility System: Water Revenue Sewer Revenue Water Impact Fees Sewer Impact Fees Utility R&R Stormwater Utility Revenue Gas Revenue Grants - Other Agencies First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2007/08 2007/08 2007/08 2007/08 Amdmnts 2,072,330 3,131,859 2,958,844 12,003,511 9,044,667 706,290 706,290 706,290 706,290 2,820,720 2,820,720 2,820,720 2,820,720 3,350,000 3,950,000 3,950,000 3,950,000 290,000 320,750 320,750 320,750 0 0 0 0 1,100,000 1,100,000 1,100,000 1,100, 000 750,000 750,000 750,000 750,000 750,000 750,000 750,000 750,000 0 0 2,000,000 2,000,000 0 0 0 175,683 175,683 30,000 30,000 30,000 30,000 4,700,000 4,672,115 6,040,696 6,140,129 99,433 0 1,087 2,062 2,062 0 (67,775) (67,775) (62,175) 5,600 0 1,399,824 1,399,824 1,445,317 45,493 0 0 49,400 49,400 0 0 0 77,096 77,096 50,000 50,000 50,000 50,000 303,000 303,000 303,000 303,000 118,910 118,910 118,910 118,910 1,978,500 1,978,500 1,978,500 1,978,500 15,800 15,800 15,800 (3,767,778) (3,783,578) 250,000 250,000 250,000 250,000 1,044,600 1,044,600 1,044,600 1,044,600 2,706,060 2,706,060 2,706,060 2,706,060 2,609,570 2,672,560 2,705,868 5,312,396 2,606,528 5,945,000 1,780,000 1,780,000 1,780,000 0 980,564 1,029,566 1,029,566 Item # 6 55 Ordinance # 7996-08 Attachment number 24 Page 3 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 INTERNAL SERVICE FUNDS: Garage Revenue Administrative Services Revenue Central Insurance Revenue BORROWING - GENERAL SOURCES: Lease Purchase - General Fund Lease Purchase - Special Events Revenue Bonds - General Fund BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water Lease Purchase - Solid Waste Lease Purchase - Recycling Bond Issues - Water & Sewer Bond Issue - Stormwater Bond Issue - Marine BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage Lease Purchase - Administrative Services First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2007/08 2007/08 2007/08 2007/08 Amdmnts 179,000 179,000 179,000 179,000 500,000 500,000 500,000 500,000 0 0 2,736,097 2,736,097 383,000 (420,215) (420,215) (439,860) (19,645) 34,000 34,000 34,000 34,000 0 0 0 (3,754,638) (3,754,638) 73,780 41,000 41,000 41,000 160,000 160,000 160,000 160,000 140,000 140,000 140,000 140,000 17,303,000 17,303,000 17,303,000 21,319,741 4,016,741 2,907,730 2,907,730 2,907,730 318,223 (2,589,507) 0 10,400,000 8,250,000 8,250,000 2,758,500 2,758,500 2,758,500 2,758,500 339,000 339,000 339,000 339,000 TOTAL ALL FUNDING SOURCES: 56,368,790 65,806,878 69,721,226 75,645,098 5,923,873 Item # 6 56 Ordinance # 7996-08 Work Session Council Chambers - City Hall Meeting Date:9/15/2008 SUBJECT / RECOMMENDATION: Approve an Agreement with the Clearwater Regional Chamber of Commerce (CRCC) for tourism services in Fiscal Year 2008-2009 in return for funding in the amount of $190,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: In Fiscal Year 1999-00, the City of Clearwater entered into an agreement with the Clearwater Regional Chamber of Commerce (CRCC) to provide tourism services on behalf of the City. Fiscal Year 2008-09 will be the tenth year of this partnership. Accomplishments for this fiscal year included: secured 44 stories in a variety of print publications; posted 86 advertisements promoting Clearwater and its island beaches in a variety of publications; distributed 3,479 Visitor Guides through 242 travel agencies; sent the visitor guide with Visit Florida and Visit St. Petersburg/Clearwater staff on 46 travel trade shows and/or trade sales missions; sent destination information to or communicated with 125 writers seeking either Clearwater-specific or Clearwater-related editorial. The CRCC will continue to provide visitor information services for the City at the Chamber's business location(s), including preparing and distributing the official Visitor's Guide with an updated accommodations listing of the Clearwater Beach and Clearwater mainland properties; maintaining an adequate supply of Visitors Guides at State Welcome Centers on I-75, I-10 and I-95, at the Clearwater Beach Visitor Information Center, at the State Road 60 Welcome Center and at travel trade promotional events; advertising placement in local, national and international trade publications; operation of the tourism website and other public relations activities. Reports of these activities are submitted to the Economic Development and Housing Department Director on a quarterly basis for review of performance. The Chamber, on behalf of the City, participates in cooperative advertising campaigns with Visit Florida, the official tourism-marketing agency of the State of Florida and Visit St. Petersburg Clearwater (Convention and Visitors Bureau). This year, we are increasing the amount in advertising, thereby replacing the toll-free information number. The Chamber plans to continue its public relations efforts to secure editorial placements and distributing the e-newsletter "Footprints" which is sent-out seasonally to tens of thousands of consumers and travel industry media. The City will work with the Chamber to transition the Billion Dollar Beach campaign and website that was used for information during the construction of Beachwalk and refocus on the message to rediscover Clearwater Beach. For ease of tracking as part of the Chamber's quarterly reporting requirement, the CRCC prepared a tracking spreadsheet to include number of visitors served, number of guides distributed, number of website hits, amount of and number of destination advertising placed, number of stories written, etc. on a quarterly basis and annual totals. The City will use these items as a measure of performance. $190,000 has been budgeted in the FY 2008-09 Economic Development and Housing Department operating budget (contractual services) to fund this agreement. The term of the FY 2008-09 agreement is one year. Type: Other Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: Budget Adjustment: None 190,000 Annual Operating Cost: Total Cost: 190,000 For Fiscal Year: 2008 to 2009 over emo Appropriation Code Amount Appropriation Comment 010-09216-530300-552-000 190,000 Item # 7 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk Attachment number 1 Page 1 of 6 AGREEMENT This Agreement is made and entered into this day of September 2008 between the City of Clearwater, hereinafter referred to as the City, and Clearwater Regional Chamber of Commerce, hereinafter referred to as the Agency. WHEREAS, the City desires to provide visitor information services for the City of Clearwater; and WHEREAS, the Agency has established programs that provide visitor information services for the City of Clearwater; and NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM The term of this agreement shall be for a period of twelve (12) months commencing as of October 1, 2008, and continuing through September 30, 2009, (the Termination Date) unless earlier terminated under the terms of this agreement. This Agreement can be extended by the mutual written agreement of both parties. ARTICLE II. RESPONSIBILITIES OF THE AGENCY 1. Services to be Provided: The Agency shall provide at a minimum the services described in Exhibit "A." 2. Area to be Served: Services rendered through this agreement shall be for the area located within the limits of the City of Clearwater, Florida. 3. Payment of Fees and Taxes. The Agency shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the Agency's operation. 4. Scheduled Reports of Agency Activities: The Agency shall furnish the City Manager with a quarterly report of activities conducted under the provisions of this agreement. Each report is to identify the number of clients served, the costs of such service, and commentary on the viability, effectiveness, and trends affecting the visitor program. The City may request additional reports if desired to monitor annual objectives set by the Agency. 5. Use and Disposition of Funds Received: Funds received by the Agency from the City shall be used to pay for the above services as further described in the proposal submitted by the Agency to the City. (Exhibit "A") Funds existing and not used for this purpose at the end of this agreement term shall be deemed excess to the intended purpose and shall be returned to the City. Item # 7 Attachment number 1 Page 2 of 6 6. Creation, Use, and Maintenance of Financial Records: a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Agency pertaining to this agreement. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives. b) Use of Records: Agency shall produce such reports and audits as required by the City to document the proper and prudent stewardship and use of the monies received through this agreement. C) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than one (1) year. 7. Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, martial status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider. 8. Liability and Indemnification: The Agency shall act as an independent contractor in the performance of this agreement. The Agency agrees to assume the risks of providing the services as provided for in this agreement. Each party to this agreement agrees to be fully responsible for its own real and personal property, and for its negligence, and the negligence of its employees, volunteers, and agents. 9. Insurance: Neither party to this agreement shall be responsible for providing any insurance coverage to the other party. Each party shall purchase and provide insurance coverage as it deems necessary to perform its contractual obligations under this agreement. Each party shall be responsible for defending a claim made against it by a third party. Should a claim be asserted against a party to this agreement, that party will be responsible for its own defense of the claim and it will notify the other party so the other party can take the action it deems necessary to protect its interests. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Funds. The City, for the 2008/2009 budget year, agrees to provide $190,000.00 to the Agency to assist in funding Agency activities and expenses as identified in Exhibit "A". 2. Payments: The total amount of this agreement will be paid by the City to the Agency on a quarterly basis. Item # 7 Attachment number 1 Page 3 of 6 ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION 1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by the City shall constitute cause for termination. This agreement may by terminated with 10 days written notice without any further obligation by City. 2. For Municipal Purpose: The City may terminate for any municipal purpose by giving 30 days written notice to Agency 3. Disposition of Fund Monies: In the event of termination for any reason, monies made available to the Agency but not expended in accordance with this agreement shall be returned to the City. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to City Manager, City of Clearwater, P. O. Box 4748, Clearwater, Florida 33758-4748 2. If to Agency, addressed to, Douglas L. Linder, President/CEO, Clearwater Regional Chamber of Commerce, 1130 Cleveland Street, Clearwater, Florida 33755. Item # 7 Attachment number 1 Page 4 of 6 IN WITNESS WHEREOF, the parties have executed this agreement as of the date and year first written above. CLEARWATER REGIONAL CHAMBER OF COMMERCE (Agency) By: Douglas L. Linder President/CEO Print Name: Secretary CITY OF CLEARWATER, FLORIDA (City) By: William B. Horne II City Manager Frank Hibbard Mayor ATTEST: Cynthia E. Goudeau City Clerk Approved as to form: Pam Akin City Attorney 4 Item # 7 Attachment number 1 Page 5 of 6 Exhibit A The Agency will oversee the Visitor Guide fulfillment. All requests received from various sources will be sent directly to the mailing house, Thomas Fulfillment. The mailing house will prepare a monthly report indicating the number of leads by source, number of pieces mailed, postage amounts, etc. Thomas Fulfillment will send the Clearwater Beach Chamber a listing of prospects received from all non-chamber sources. The Agency will contract for and maintain the inventory of visitor's guides at the 1-75, 1-10, and 1-95 State Welcome Centers. The Agency will place destination advertising in the Visit St. Petersburg/Clearwater Area (Convention and Visitors Bureau) and Visit Florida Visitors Guides. Additional advertising will be placed on the State of Florida's website, and the Visit St. Petersburg/Clearwater Area website ,. Other advertising and promotion will be considered by the Tourism Marketing Committee and could include consumer advertising. The Chamber coordinates its own advertising coops and will incorporate the City in every one. • The Agency will manage and maintain the website. • The Agency will utilize the Visit Florida and the Visit St. Petersburg/Clearwater Area (Convention and Visitors Bureau) sales programs for Visitor Guide brochure distribution to the travel trade and consumers. • The Agency will assist Clearwater Jazz Holiday with several advertisements. • The Agency will update the accommodations listing of the Clearwater Beach and Clearwater mainland properties for the Official Visitors Guide. • The Agency will promote the destination through a public relations campaign, which includes, but isn't limited to, producing the electronic newsletter Footprints, distributing destination information to travel writers, hosting a travel writer press trip and hosting individual writers throughout the year. In addition, the Agency will focus on transitioning the Billion Dollar Beach campaign and website to a new message incorporating the completed Beachwalk project. The Agency established its Clearwater 2010 Task Force to aid the City in communications with the tourism industry and vice versa. The Task Force meets on an as needed basis. Item # 7 Attachment number 1 Page 6 of 6 • As part of the Agency's quarterly reporting requirement, the Agency will continue to update its tracking spreadsheet of number of visitors served, number of guides distributed, number of website hits, amount of and number of destination advertising placed, number of stories written, etc. on a quarterly basis and annual totals. The City will use these items as a measure of performance. Item # 7 O O O O O O O O O 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 O O O O O O O O O 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v o l- o 0 0 o v o 0 0 0 0 0 0 0 r O O O O O O N N (D O O lr) I- O O C) O O O O V 0 0 0 0 0 O V O O O_ V (O LO O V Cl) (O - O V O lr) O N O V Cl) O LO N N 00 Cl) O 00 M lr) O N - V (O - (O O N Cl) Cl) O y O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O E O O O O O O W) N O N W) O W) O O O LO V LO O O O (O - LO O O - N O N (O O W) N (O r N O O (O N I- O Cl) M O Cl) Cl) (O C. 0 - - - V N N M I? Cn O O O O O O O O O O O O O O O N O O O O O O O O O O O O O O O O O O O O LO N N LO O O O LO O O LO O O 0 - W) O - M 0 0 O N O O N V O N I-- CO LO LO (O O I-- Q M N M M O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O LO N N LO O O O O LO O LO CO LO O LO (O LO O - N O O 00 O N O N O N_ O_ N N I? CO V O O M O CO CO W N N (6 1- 0 0 0 O O O O 0 0 0 0 0 0 0 O O O O O O O O O O O O O O 0 0 0 0 0 0 0 O O O O O O O 0 C O O O O O O lr) N O N lr) O O O O W) O O O O O LO O O O (O LO O O - N O O (M lr) N O (O O LO N_ V O_ (O V N I- O N CO V O ? M N O N O CO CO 00 O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O LO N N LO O O LO O O O O fC LO O 0 ? W) O - N O O N O O O N N I-- CO O (O O O W ll- N N CO N V O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 'L O O O O O O lr) N N lr) O O LO O O Q' V N N I N N N Q N O CO ( 9 O N CO O O O O O O O 0 0 0 0 0 0 O O O O O O ? O O O O O O 0 0 0 0 0 0 O O O O O O i O O O O O W) N O W) W) O O LO O O O O N LO O O (O - LO O O N N O O N 0 O LO O LO fC N O (O N I- O CO CO W) M O Cl) lr) (O _ _ V N N Cl) N O O O O O O O O O O O O O O O L O O O O O O O O O O O LO O N O N O LO O O O O O LO O O O O i LO O O (D W) O N O O N O N N V O N r-- (M W) (O O N _ _ C \F O O O O O O O O O O O O O O O L O O O O O O O O O O O O O O O O O O O lr) N N lr) O O W) O O W) O W) (O - W) O N O O N O r- C N O N N I? Cl) I- M O N fC N Cl) O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Cl Cl Cl Cl Cl E O O O O O O W) N O N lr) O lr) lr) O O O lr) O 0 W) O O O (O W) O O - N O lr) N (O O lr) N l 0 N V O (O N I- O CO _ (O O Cl) C ) N 0 V N N M 00 0 N L O O O O O O O O O O O O O O O O O O O O O O O O O O O O E O lr) O O O (O O - lr) lr) N O N lr) N O O O O lr) N lr) N O O V lr) 0 N O N I? Cl) W) 00 (O O (O O V N Cl) V Z O O O O O O O O O O O O O O O O O L 0 O O O Cl O O O O O O O O O O O O O O O O O O O LO N N LO O O O W) O LO V 0 LO O O LO (O - LO O N O O 00 N O N 00 O V N V O N N I- M LO LO (O O M M p O 0 N M N N 0 O E O O 0 y N r COi Q C 0 C (n 0 r CM V) N CL ?= N EA fn C Y C N ? N C d . 0 . _ U E R _ 0 0 O U >` C O C O r 0 .a ao °o V y 0 E M a 0 N V ? 0n fn 0 0 O L M U+ _ < 0 a) a 0 a N c c p E a) M a M a m Q ? ? `° r 0 L a a? i N CM m L a CM C7 }' D o L v V o d c 2 a m L ' R D E 1- o R c c a N l l m x o ? x S E r 0 - - d U ' Cl) •i3 D 0 N IL V 0 0 ? ? O a cn L ? o r U 7 a r 0 N a+ E C C M y y ' M 0 > 0 c a o ? ° > cn LL D 0 " r H 0 j H CO w V 5 2 Q H 0 0 0 a cn Q 5 5 > > Q 0 IL H 0 0 Attachment number 2 Page 1 of 1 Item # 7 Attachment number 3 Page 1 of 1 0 - O I- r- - r- O M r- LO (O N N 0) (O - (O 00 M ? 0') LO 0') CO N 00 O H L V r r r 0 ? N M rn (0 LO Ln 00 ' N (? N 00 L V M N 00 N M LO M M LO M (O 00 00 ? ? ? M ? C v! L C LO * r- CO M N N N CO LO CO O LO M r L M CO C N CO O N V ? N+ L+ y C L y Q a) V (n C O L L N O Q 0 LL 0) + + O ._ a) O L CO a) 0 0 LL '> D o E N O CO d W 0) U N 0 N N a T - U j N = O L (n ? a CO N ? 'N M 7 N : C N _ E O a) L L U) a? a? N U S L L n VJ E L L N I? O 0 0 .? 0 (n (n - N N ' = s= 0 0 N n? » ? ? < U cn _- ° 0 0 0 0 0 0 0 0 0 L U ° L L L L L L L L L N O -0 -0 -0 -0 -0 -0 -0 -0 -0 O ti E E E E E E E E E U = ° = = = = , , = = = O U N Z Z Z Z Z Z Z Z Z Item # 7 Work Session Council Chambers - City Hall Meeting Date:9/15/2008 SUBJECT / RECOMMENDATION: Approve a not to exceed amount of $500,000, to pay Gallagher Bassett Services, Inc., for workers' compensation claims due and payable for the period October 1, 2008 to September 30, 2009. (consent) SUMMARY: This amount represents an estimate of claims expenses for the next fiscal year that will become due and payable as a result of workers' compensation claims that began between 1984 and 1991. The City of Clearwater is self-administered for the majority of its workers' compensation claims, but a handful of claims (14 as of October 1, 2007) are still administered by the City's former third party administrator, Gallagher Bassett Services, Inc. The City's Risk Management Division pays a fee of approximately $4,000 per year for continued third party services on these claims. Type: Operating Expenditure Current Year Budget?: No Budget Adjustment Comments: Included in FY09 proposed budget Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0590-07000-545800-519- 000-0000 $500,000 10/1/2008 to 9/30/2009 Amount $500,000 Bid Required?: No Budget Adjustment: No Annual Operating Cost: Total Cost: $500,000 Appropriation Comment Bid Number: Other Bid / Contract: Bid Exceptions: Sole Source Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 8 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/15/2008 Award a contract to The Bancorp Bank/dba Mears Motor Leasing to provide a $30,000,000 line of credit to cover all planned lease purchase of equipment acquired in the next five fiscal years starting October 1, 2008, authorize all uncompleted equipment acquisitions previously approved for financing under the current agreement with SunTrust to be financed under this new agreement, authorize the appropriate officials to execute the same, and adopt Resolution 08-23 authorizing the City to be reimbursed from tax-exempt proceeds. SUMMARY: The current agreement with Sun Trust Equipment Financing and Leasing Corp expires September 31, 2008. The City solicited proposals (RFP 32-08) for lease purchase (installment sale) financing for the next five fiscal years (2009-2013). We received four competitive proposals, Banc of America Public Capital Corp, Wachovia Financial Services Inc., Sun Trust Equipment Finance & leasing Corp., and The Bancorp Bank/dba/Mears Motor Leasing. The selection committee has reviewed these proposals comparing interest rates and terms. The committee determined the proposal offering the most advantageous combination of rates and terms for the City was submitted by Mears Motor Leasing. The interest rates applicable to each draw will be determined by the following table based on the three and five year Constant Maturing Treasury (CMT) note as published weekly in the Federal Reserve Statistical Release H.15. 3-Year CMT Mears 5 -Year CMT Mears 1%-2 .25% 3.02% 1%- 2.25% 2.80% 2.26% - 2.50% 3.36% 2.26% - 2.50% 3.11% 2.51% - 2.75% 3.29% 2.51% - 2.75% 3.15% 2.76% - 3.00% 3.59% 2.76% - 3.00% 3.44% 3.01% - 3.24% 3.52% 3.01% - 3.24% 3.36% 3.25% - 3.50% 3.80% 3.25% - 3.50% 3.63% 3.51% - 3.74% 4.07% 3.51% - 3.74% 3.88% 3.75% - 4.00% 4.35% 3.75% - 4.00% 4.15% 4.01% -4.24% 4.61% 4.01% -4.24% 4.40% 4.25% - 4.50% 4.89% 4.25% - 4.50% 4.67% 4.51% - open 5.30% 4.51% - open 5.30% For example, if at the time of financing the 3-year CMT were 3.49%, the rate we would be charged by Mears Motor Leasing would be 3.8%. With the exception of items that have a three-year useful life such as computer hardware/software and police pursuit vehicles, lease purchases will be on a five-year amortization. The City's cost of capital on the most recent draw on the current agreement with Sun Trust was 3.88% for three-year ieo er?d 3.53% for five-year items. The interest rates based on the Mears Agreement would have been 3.59% and 3.63%, respectively. The contract has a term of five years with the option for renewal as mutually agreed to by both parties. Item # 9 Approval of this item does not represent a commitment to borrow. Decisions to lease purchase specific items of equipment must be budgeted for or approved separately in accordance with the City's purchasing policy. Review 1) Office of Management and Budget 2) Financial Services 3) Office of Management and Approval: Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 2 RESOLUTION NO. 08-23 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ESTABLISHING THE CITY'S INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX- EXEMPT FINANCING; PROVIDE CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clearwater, Florida (the "Issuer") has determined that the need exists to acquire certain items of equipment during the 2008-2009, 2009-2010, 2010-2011, 2011-2012, and 2012- 2013 fiscal years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA THAT: SECTION 1. AUTHORITY. This Resolution (hereinafter called the "Resolution") is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its intention to be reimbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid by the Issuer in connection with the acquisition of equipment as set forth in the Issuer's 2008-2009, 2009-2010, 2010-2011, 2011- 2012, and 2012-2013 fiscal year budgets, as amended and supplemented from time to time (the "Project"). The Issuer intends on acquiring each item of equipment constituting a portion of the Project with funds then on deposit in the Issuer's bank account and within a reasonable time thereafter refinancing such purchases within lease purchase financing with The Bancorp Bank/dba/Mears Motor Leasing pursuant to a master lease purchase agreement. It is not reasonably expected that the total amount of the Project will exceed $30,000,000. This Resolution is intended to constitute a "declaration of official intent" within the meaning of Section 1.150-2 of the Income Tax Regulations. SECTION 3. SEVERABILITY. If any one or more of the provisions of this Resolution shall for any reason be held illegal or invalid, such illegality or invalidity shall not affect any other provision herein and the remaining provisions shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict herewith to the extent of such conflicts, are hereby superseded and repealed. 1 Resolution No. 0fte'M ## 9 Attachment number 1 Page 2 of 2 SECTION 5. EFFECTIVE DATE immediately upon its adoption. PASSED AND ADOPTED this Approved as to form: Pamela K. Akin City Attorney This resolution shall take effect day of 2008. Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Resolution No. 0fte'M ## 9 L Attachment number 2 Page 1 of 22 i L Attachment number 2 • Page 2 of 22 krML .1 • i del L % r ???IL I: 'f•' ¦ % 1 r• Item # 9 l ti ti J .-•r, •r ??' ,' • Item # 9 Attachment number 2 Page 5 of 22 =dIMMIIIIII W. 19MM 1 Is 16 • f.. •17 Z: ': ti. •?• f L . 1: 1 1 •• 1 l• L 1 - %r r ti J 1 r ' Item # 9 L ' Attachment number 2 Page 6 of 22 L r • ?? r .tit; , , ?: •? r ' Item # 9 Attachment number 2 Page 7 of 22 r .ter l 1 ti r L ' ,itir'i??+ ••1' -??•..?' ?. , •}••?. r• .. 'Item # 9 Ii • . •?• Attachment number 2 Page 8 of 22 Y NNIELUMN ISM- J • 1 l . 9C. It• ?. %In?• ,- 1 , i. •.?TL. • _ ' . 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I ti ti. •. ti ti' ti L' Z' ti'1 ti' ti' ti 'L•. ti','?r?• ?' 'ti- }', '?' .r ''L• L ?? 1 _ 1 •r 7 r ' ' ''' ' r big-% Yrtiti r •?5 Work Session Council Chambers - City Hall Meeting Date:9/15/2008 SUBJECT / RECOMMENDATION: Approve payment of insurance premiums up to $665,000, with effective dates beginning October 1, 2008 to September 30 2009, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department purchases certain insurance coverage for the City. This insurance is purchased through the efforts of two brokers: Wells Fargo and Arthur J. Gallagher & Co. (Florida). Risk Management is recommending approval of the following coverages and any other coverages that may become desirable throughout the year at a cost not to exceed $665,000. Estimated Policy Term Premium Crime & Dishonesty 10/1/08-10/1/09 $ 17,202 Excess Liability/WC 10/1/08-10/1/09 $394,385 EMS coverage 10/1/08-10/1/09 $129,054 Storage Tank Liability 5/20/09-5/20/10 $ 30,000 Flood (specific properties) Annual term; various renewal dates $ 30,000 Marina Oper. Legal Liab. 10/1/08-10/1/09 $ 17,170 $617,811 There are adquate funds budgeted in the FY09 annual budget to pay these premiums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appropriation Code Amount Appropriation Comment 0590-07000-545100-519- $665,000 000-0000 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/15/2008 Approve the second and final renewal of the contract (Purchase Order)with Mastec North America, Inc., 7221 East Martin Luther King Jr. Boulevard, Tampa, FL for the period October 1, 2008, to September 30, 2009, for the Installation of Gas Mains and Service Lines in the amount of $1,098,750 and authorize the appropriate officials to execute same. (consent) SUMMARY: Mastec North America, Inc. is one (1) of two (2) Clearwater Gas System (CGS) contractors who install Gas Mains and Service Lines to meet residential, commercial and industrial customer requirements in support of gas sales and operations. Mastec North America, Inc. was the lowest Bidder on Bid 29-06 Installation of Gas Mains, and Service Lines at Various Locations with an actual bid of $983,914 and has performed satisfactory work since the contract was awarded on October 1, 2006. Mastec North America, Incorporated has agreed in writing to hold current pricing on the estimated quantities for installation of gas mains and service lines in Bid 29-06 in the contract amount of $1,098,750 for the period October 1, 2008, to September 30, 2009, and has provided a Performance Bond and Proof of Insurance. Funds in the amount of $1,098,750 are available in Code 315-96377, Pinellas New Mains and Service Lines, and the Clearwater Gas System budget to support these requirements. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: 1,185,000.00 Not to Exceed: 1,185,000.00 For Fiscal Year: 2008 to 2009 Appropriation Code Amount 315-96377 1,098,750.00 Budget Adjustment: No Annual Operating Cost: 1,185,000.00 Total Cost: 1,185,000.00 Appropriation Comment Pinellas New Mains & Service Lines Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) City Manager 7) Clerk 8) City Approval: Manager 9) Clerk Cover Memo Item # 11 Work Session Council Chambers - City Hall Meeting Date:9/15/2008 SUBJECT / RECOMMENDATION: Award a contract to Purvis Curbs of Largo, Florida for $200,000 for materials and labor to install various concrete projects throughout the year (Bid 33-08)and authorize the appropriate officials to execute same. (consent) SUMMARY: The existing blanket purchase orders with Purvis Curbs and Grosz & Stamper Corporation have been expended and a new contract with Purvis Curbs is being recommended. A blanket purchase order in the amount of $200,000 is being requested for Purvis Curbs. Parks and Recreation has an annual capital improvement project for the replacement of damaged sidewalks and concrete hardscapes in parks. Some of the projects for the next year may include but not be limited to Crest Lake, McMullen Tennis Complex, Cherry Harris Park, Norton Park and Moccasin Lake Nature Park. In addition, there are several individual CIP's that might require new concrete work, i.e. Armory, Enterprise Road Dog Park, Morningside, Bicycle Trails, that will utilize this BPO with funding coming from another CIP or operating budget. Type: Capital expenditure Current Year Budget?: No Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: $200,000 Annual Operating Cost: $200,000 Not to Exceed: $200,000 Total Cost: $200,000 For Fiscal Year: 2008 to 2009 Appropriation Code Amount Appropriation Comment 0315-93204-550400-572- $200,000 0000000 Bid Required?: Yes Bid Number: 33-08 Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 2 O U WI ga U 000000000.-, 0 (0 00 0 0 lf') OM M O 7 2' I? V V 0 M ULL a U O w z D Q Z 0 a Z ? a D v3 va va va va va va va va Q Ln Q Z w W Lo Lo Lo Lo Lo Lo O O O o O I? V N N O) 0 0 0 0 0 w (0 (0 "T r- r- V LOLOO LO0 } OM (1) LO IL Cr J d M p W F LL z 0 Z D (f? fi? fi? fi? fi? fi? fi? fi? fi? fi? 06 N F O O N O O O O O V M o O Z LL U (O O) O O O O O M X 0 0 00 0 (O r- V oU Cr M O N ? 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In N N M 6., 6e) 6e) V) V) 6q? d) d) d) d) Item # 12 w z Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/15/2008 Approve assignment of the Hispanic Outreach Center Lease Agreement with YWCA of Tampa Bay to Pinellas Core Management Services, Inc.; terminate YWCA contracts providing 1) Operacion Apoyo Hispano services, 2) Human Trafficking advocacy services and 3) Human Trafficking Immersion training and approve contracts with Pinellas Core Management Services to provide these services using funding remaining in the 2006 Edward Byrne Memorial Justice Grant, the 2006 Bureau of Justice Assistance Grant for Human Trafficking and the 2008 Bureau of Justice Human Trafficking Immersion Learning Grant and authorize the appropriate officials to execute same. SUMMARY: • On September 11, 2008, the Juvenile Welfare Board (JWB) voted to transfer JWB-funded programs related to the Clearwater Hispanic Outreach Center in the amount of $278,760 from the YWCA of Tampa Bay to Pinellas Core Management Services, Inc. (PCMS) effective October 1, 2008. This JWB funding was the primary funding source for programs associated with the YWCA Hispanic Outreach Center partnership with the City. • Without this funding, the YWCA cannot maintain the programs at the Hispanic Outreach Center. The YWCA has agreed to transfer all remaining program leases, grants and contracts to Pinellas Core Management Services Inc. in order to preserve the existing programs and services provided by the Hispanic Outreach Center. • The City currently has one (1) lease and three (3) grant-funded contracts with the YWCA of Tampa Bay including o The land lease (one dollar per year) for the Hispanic Outreach Center facility, which expires November 2009; o The $66,807 2006 Edward Byrne Memorial Justice Assistance Grant contract with a remaining balance of $45,000 which funds advocacy, interpretation, translation of documents, and crime prevention/education activities; o The $45,000 2006 Bureau of Justice Assistance Grant for Human Trafficking services with a remaining balance of $15,000 which funds training, advice and counseling to human trafficking victims, interpreter services, document translation, and participation in the task force coalition, partial payment of the balance of the salary and FICA for the full-time human trafficking case management position; o The 2008 Bureau of Justice Assistance Human Trafficking Immersion Learning contract valued at $13,100 which will fund contractual services for planning/participation and equipment related to immersion training sessions for selected visiting Human Trafficking Task Forces; • It is anticipated that all six (6) existing Hispanic Outreach Center staff (currently employees of the YWCA) will become the employees of the Pinellas Core Management Services and will remain with the program. • It is the intent of PCMS the YWCA and the City to maintain all existing Hispanic Outreach programs and services through a relatively seamless transfer of funding. It is our intent that most clients will not notice the change. • The JWB and City staff are extremely supportive of the award-winning progams that are occurring at the Hispanic Outreach Center. This transition should not be interpreted in any way as a reflection on the quality and effectiveness of the programs offerred. This is a funding transfer only. • The PCMS, the Hispanic Outreach Center and the City desire ultimately to create a separate 501(c)(3) organization for the Hispanic Outreach Center programs. This process, which may take several months, will begin soon after the transfer of funding to PCMS. It is envisioned that PCMS will nevertheless remain as the parent administrative services organization for the foreseeable future. • There also exists a Community Development Block Grant (CDBG) from the City to the YWCA for $15,000 effective October 1, 2008 to fund operating costs and salary support to the Hispanic Outreach Program. Due to HUD restrictions, this grant cannot be transferred to PCMS. The Juvenile Welfare Board intends to cover this shortfall with other funding they have available. • There is no cost to the City for these proposed transfers nor does the City's obligations to the Hispanic Outreach Center programs change. Cover Memo Item # 13 Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: Other None Budget Adjustment: Annual Operating Cost: Total Cost: None For Fiscal Year: to Review 1) Clerk 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Legal 6) Clerk 7) Clerk 8) Assistant City Approval: Manager 9) Clerk 10) City Manager 11) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 12 ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is made and entered into as of the 1st day of October, 2008, by and between the YWCA OF TAMPA BAY, INC., a Florida corporation not-for-profit ("Assignor"), whose address is 655 2nd Avenue South, St. Petersburg, Florida 33701, and PINELLAS CORE MANAGEMENT SERVICES, INC., a Florida not-for-profit corporation ("Assignee"), whose address is 4500 140th Avenue North, Suite 220, Clearwater, Florida 33764, and the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation ("Lessor"), whose address is 112 South Osceola Avenue, Clearwater, Florida 33756. - WHEREAS, Assignor and Lessor have previously entered into that certain Lease Agreement dated November 1, 2006, a copy of which is attached hereto as Exhibit "A" (the "Lease"), which Lease is incorporated herein by reference. (Capitalized terms not defined herein that are defined in the Lease shall have the meaning as defined in the Lease.); and, WHEREAS, Assignee desires to assume all of Assignor's rights, title, interest and obligations in said Lease; and, WHEREAS, Assignor is agreeable to assign all of Assignor's rights, title, interest and obligations in said Lease to Assignee; and, WHEREAS, Lessor, is agreeable to the assignment by Assignor of all of its rights, title, interest and obligations in said Lease to Assignee, and assumption of all of Assignor's rights, title, interest and obligations in said Lease, in consideration of both Assignor and Assignee, fulfilling all of the terms and provisions of said Lease as each may be obligated pursuant thereto; NOW, THEREFORE, for good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, that effective upon the date of this Agreement, Assignor, Assignee and Lessor hereby mutually agree each with the other as follows: 1. Assignment. Assignor hereby grants, assigns and transfers to Assignee all of Assignor's right, title, interest and obligations inherent in said Lease to Assignee. 2. Assumption. Assignee hereby accepts the foregoing assignment by Assignor and agrees to be bound by and perform all of the future obligations of Assignor under the Lease as of the effective date of this Agreement. 3. Consent to Assignment and Assumption: Lessor hereby agrees to Assignor assigning all of its right, title, interest and obligations in said Lease to Assignee, and Assignee assuming and agreeing to be bound by and perform all of the future obligations of Assignor under said Lease as of the effective date hereof. 4. Power and Authorit : Each party hereby represents and warrants to the other parties that it is fully empowered and authorized to execute and deliver this Agreement. Item # 13 5:lprivate100C\GrantslGrant - JWB PCMM3signment of Lease.doc Attachment number 1 Page 2 of 12 5. Successors and Assigns: This Agreement shall be binding upon and inure to the benefit of the parties, as their respective interests may appear in the Lease, and to their respective lawful successors and assigns. IN WITNESS WHEREOF, Assignor, Assignee and Lessor have executed, entered into and delivered this Agreement as of the date first above written. ASSIGNOR: YWCA OF TAMPA BAY, INC a Florida not-for-profit corporation ASSIGNEE: PINELLAS CORE MANAGEMENT SERVICES IN , a FloV1. not-for-profit corporafti A D By: Joyce C. Pritchett Acting Executive Director R. lfaul Ladkey Exe utive Director LESSOR: CITY OF CLEARWATER, FLORIDA Countersigned: Frank V. Hibbard, Mayor By: Approved as to form: Robert J. urette, Assistant City Attorney William B. Horne II, City Manager Attest: Cynthia E. Goudeau, City Clerk Item # 13 By: S:Vrivate1000%GrantslGrant - JWB MMS1Assignment of Lease.doc Attachment number 1 Page 3 of 12 LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this 1st day of November, 2006, by and between the CITY OF CLEARWATER, a Florida Municipality, herein called the "Lessor," and the YWCA OF TAMPA BAY, a Florida Corporation non-profit, herein called the "Lessee." This agreement represents the whole and entire agreement between Lessor and Lessee and the following articles and sections are herein incorporated: ARTICLES Article 1. TITLE Article II. TERM Article III. LEASEHOLD Article IV. RIGHTS AND RESPONSIBILITIES Section 1. Use of Premises Section 2. Designated Parking Area Section 3. Annual Report Required Section 4. Maintenance of Premises Section 5. Repair and Improvements Section 6. Utilities Section ?. Quiet Enjoyment Article V. LEASE RENTAL FEES AND PAYMENTS Article V1. TAXES Article VII. INSURANCE Section I . Minimum Scope of Insurance Section 2. Minimum Limits of Insurance Section 3. Additional Named Insured Section 4. Verification of Coverage Article VIII. CASUALTY DAMAGE TO PREMISES Section 1. Reparable Damage Section 2. Catastrophic Damage Section 3. Waiver of Recovery Rights Article IX. LIABILITY AND INDEMNIFICATION Article X. AMERICANS WITH DISABILITIES ACT Article XI. NON-DISCRIMINATION Section 1. No Exclusion From Use Section 2. No Exclusion From Hire Section 3. Observation of Various Laws Section 4. Breach of Nondiscrimination Covenants Article X11. DISCLAIMER OF WARRANTIES Article XIII. ASSIGNMENT OF LEASE Article XIV. DEFAULT AND TERMINATION Article XV. NOTICE Article XVI. EFFECTIVE DATE Item # 13 Attachment number 1 Page 4 of 12 WITNESSETH : WHEREAS, the Lessor has ownership of and control over the use of the City-owned structures and premises now known as 612 Franklin Street, Clearwater, Florida 33756; and WHEREAS, Lessee desires to use such premises for public purposes; and WHEREAS, Lessor desires to lease out such premises; NOW, THEREFORE, in consideration of the Premises and the mutual covenants contained in this Agreement, the Lessor and Lessee hereby agree as follows: ARTICLE I. TITLE The title of this lease is the YWCA OF TAMPA BAY lease. ARTICLE II. TERM The term of this lease shall be for a period of three (3) years commencing on the first day of November, 2006 and continuing through the 31st day of October, 2009 (the Termination Date), unless earlier terminated under the terms of this agreement. ARTICLE III. LEASEHOLD The Lessor leases to the Lessee the following described property, including all improvements thereon, located in Pinellas County, Florida, to wit: A parcel of land being the West 24.7 feet of Lot 13, all of Lot 14 and the East 8 feet of Lot 15, Block 7, MAGNOLIA PARK SUBDIVISION, according to the plat thereof, recorded in Plat Book 3, Page 43, Public Records of Pinellas County, Florida; AND The East 25.3 feet of Lot 13 and the West 10 feet of Lot 12, all in Block 7, MAGNOLIA PARK SUBDIVISION, according to the plat thereof as recorded in Plat Book 3, Page 43, Public Records of Pinellas County, Florida, (ALSO KNOWN AS 612 Franklin Street, Clearwater, Florida.) ARTICLE IV. RIGHTS AND RESPONSIBILITIES Section 1. Use of Premises. a) Lessee shall use the dernised premises for implementation of a Hispanic Community Services Center, to be known as "Centro Apoyo Hispano" (Hispanic Outreach Center). Page 2 of 10 Item # 13 Attachment number 1 Page 5 of 12 b) The Lessee is authorized and agrees to make the leased premises available for the following listed activities: Office space for the Lessor's Police Department Hispanic Outreach Officer. This police officer serves as the Clearwater Police Department's primary liaison with the Hispanic community and is responsible for organizing and implementing the Police Department's Hispanic Outreach Program. Interpreter and victim advocacy services provided by the Lessee. The program is currently funded by Justice Assistance Grant funds. The Lessee will be responsible for continued funding of this program for the three-year period of its agreement with the Lessor. Other advocacy or intervention services. These services will respond to the needs of the Hispanic community and may include health matters, legal issues, and other concerns identified by the Hispanic community, the YWCA, or the Clearwater Police Department. ESOL and Spanish language classes coordinated by the Lessee. The Lessee Will coordinate the provision of English For Speakers of Other Languages (ESOL) classes at the Hispanic Outreach Center. The Lessee: may also make available Spanish language classes to provide Lessor's employees the opportunity to learn to speak Spanish. Health outreach and nutrition education services. Multi purpose training room. To be jointly used by the Lessee and Lessor and other parties as coordinated by the lessee. Youth services. Lessee will administer various Youth Programs targeted toward at-risk youth from Hispanic and other ethnic or language groups. These programs will focus on risk reduction and the development of individual and leadership skills needed in adulthood. c) The Lessee is further authorized to make a reasonable charge or charges to the approved group(s) using the premises, said charges to be authorized by the City Manager or his designee and used to defray the cost of maintaining the premises. d) Lessee covenants and agrees to make no unlawful, improper or offensive use of the leased premises. At the termination of this lease, Lessee agrees to return the premises to the Lessor in as good condition as at the effective date of this agreement, subject only to normal wear and tear. Section 2. Designated Parking Area. Lessee understands and agrees that the primary parking area for its guests is the designated parking area located on the east side of the structure located on the premises. The primary parking area for Lessee's staff is the top level of the MSB Garage at 640 Pierce Street. Page 3 of 10 Item # 13 Attachment number 1 Page 6 of 12 Section 3. Annual Report _Required. The Lessee agrees to submit an annual report to the City Manager, not later than January 31st of each calendar year, summarizing the use and services rendered by the lessee while occupying the leased premises. Section 4. Maintenance of Premises. The Lessee shall properly maintain the leasehold in a clean and orderly condition. The Lessee shall be responsible for maintenance of the interior of the structures, including HVAC systems, interior electrical and plumbing systems, and playground located at the premises. The Lessor shall be responsible for maintenance of the exterior of the building and grounds at the premises, such as lawn mowing, landscaping, painting, roof repairs, and other exterior maintenance caused by normal use and weather exposure. In the event that any single item of maintenance or repair exceeds $10,000, the Lessee or Lessor may terminate this lease on thirty days written notice to the other party to this lease. Section 5. Repairs and Improvements. a) Lessee may make whatever repairs, alterations and improvements to the premises it deems necessary, providing that the Lessor first agrees in writing to any such actions to repair, alter or improve the premises. If the property's physical condition falls into a state of disrepair in the opinion of the City Building Official, the Lessor may terminate this Agreement upon fifteen (15) days written notice. b) Repairs, alterations or improvements attached to the premises shall become the property of Lessor upon the termination or expiration of this lease or any extension hereof unless otherwise indicated by Lessor. Section 6. Utilities. Lessee shall pay all bills for electrical and utility services before such bills become delinquent. Section 7. Quiet Enjoyment. Upon payment the rents herein required, and upon observing and performing the covenants, terms and conditions required by the lease, the Lessee shall peaceably and quietly hold and enjoy the leased premises for the term of the lease without hinderance or interruption by the Lessor. ARTICLE V. LEASE RENTAL PEES AND PAYMENTS For the sum of One Dollar ($1.00), which the receipt and sufficiency of is hereby acknowledged, and in consideration of the promises and covenants set forth herein, Lessor hereby grants to Lessee and Lessee accepts from Lessor, this nonexclusive lease, right and privilege to use the property described herein. ARTICLE VI. TABS Lessee agrees to pay any real property taxes that may be assessed and levied on the property or on the leasehold created by this document. Any taxes due for a portion of any year shall be prorated between the Page 4 of 10 Item # 13 Attachment number 1 Page 7 of 12 parties. ARTICLE VII. INSURANCE Lessee shall procure and maintain during the term of this Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with this lease. Section 1. Minimum Scope of Insurance. A Commercial General Liability policy covering the leased premises and Lessee activities occurring thereon shall be obtained and maintained in force by the Lessee. Section 2. Minimum Limits of Insurance. Commercial General Liability Insurance procured in accordance with this article shall have minimum coverage limits of $1,000,000 Bodily Injury and property damage arising out of any one (1) occurrence. Further, Lessor shall, from and after the Commencement Date, keep insured through self-insurance or otherwise the building(s) upon the premises against loss or damage by fire and windstorm and other covered casualties. Worker's Compensation coverage shall be procured for all employees in an amount at least equal to the statutory limits of coverage according to applicable State and Federal laws. In addition, the policy shall include employer's liability coverage with a limit of $500,000 per occurrence. Section 3. Additional Named Insured. Except for Workers' Compensation, each insurance policy issued as a requirement of this agreement shall name the City of Clearwater, Lessor, as additional named insured. The coverage shall contain no special limitations on the scope of the protection afforded to the Lessor, its officers, employees or volunteers. Section 4. Verification of Coverage. Lessee shall furnish the Lessor with Certificates of Insurance with all endorsements affecting coverage required by this article. These forms shall be received and approved by the Lessor's Risk Manager upon execution of this Lease agreement by both parties to this agreement. ARTICLE VIII. CASUALTY DAMAGE TO PREMISES Section 1. Reparable Damage. Any time the building or premises is damaged or destroyed to the extent that the Lessee cannot therefore conduct its activities and the Lessor determines that the demised premises can be restored by making appropriate repairs, Lessee shall effect such repairs expeditiously and to the satisfaction of the City's Building Official. Page 5 of 10 Item # 13 Attachment number 1 Page 8 of 12 Section 2. Catastrophic Dam a e. In the event of total destruction of or catastrophic damage to the demised premises, the Lessee or Lessor may terminate this lease as of the date of such damage or upon thirty (30) days written notice to the other party to this lease. Section 3. Waiver of Recovery Rights. Both parties waive any and all rights of recovery against the other party for any direct or indirect loss occurring to the demised premises in the event of damage categorized in Sections 1 and 2 above which is covered by insurance. ARTICLE IX. LIABILITY AND INDEMNIFICATION Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify, and hold harmless the Lessor, its officers, agents, and employees from and against any and all loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property except arising from the negligence or willful misconduct of Lessor or Lessor's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Premises or Lessee's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by Lessee in or about the Premises whether or not based on negligence. ARTICLE X. AMERICANS WITH DISABILITIES ACT Lessee hereby affirms its intention to take any and all such actions that are reasonable and prudent to comply with the Americans With Disabilities Act of 1990 (knows as the "ADA"). These would include modifications to the structure, revisions in operations and supporting communications capabilities and procedures and changes in functional location and layout. ARTICLE XI. NON-DISCRIMINATION Notwithstanding any other provision of this lease agreement, during the performance of this agreement, Lessee for itself, personal representatives, successors in interest and assigns, as part of the consideration for this agreement, does covenant and agree that: Section 1. No Exclusion From Use. No person shalt be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the premises on the grounds of race, color, religion, sex, handicap, age, or national origin. Section 2. No Exclusion From Hire. In the construction of any improvements on, over, or under the premises, and the furnishing of services Page 6 of 10 Item # 13 Attachment number 1 Page 9 of 12 therein or thereon, no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex or national origin. Section 3. Observance of Various Laws. The Lessee shall observe the following laws: Section I of the 14th Amendment, The Equal Pay Act, The Civil Rights Acts of 1866 and 1870, the Vietnam Era Veterans Readjustment Act, the standards of Merit System Personnel Administration, Executive Order 12246 as amended, Revised Order 4, the Age Discrimination Act of 1967, the Rehabilitation Act of 1975, Executive Order 11914 and the Americans With Disabilities Act of 1990. Section 4. Breach of Nondiscrimination Covenants. In the event of breach of any of the above nondiscrimination covenants, which breach has been finally adjudicated by an appropriate agency or court of law, the Lessor shall have the right to terminate this lease and to re-enter and repossess the premises and hold the same as if said agreement had never been made or issued. This provision does not become effective until the procedures of 49 Code of Federal Regulations ("CFR") Part 21 have been followed and completed, including expiration of appeal rights. ARTICLE XIL DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified or discharged except by written Amendment duly executed by both parties. Lessee agrees that no representations or warranties shall be binding upon the Lessor unless expressed in writing herein or in a duly executed Amendment hereof. Further, Lessor does not warrant and hereby disclaims any and all liability and responsibility for or on account of the condition of the Premises, or any.portions thereof, or for or on account of anything affecting such conditions. ARTICLE X111. ASSIGNMENT OF LEASE This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased by Lessee without the-consent of the Lessor, which consent shall not unreasonably be withheld. It is understood and agreed that the Lessor may, at any time, with notice, assign or delegate any or all of its rights hereunder. ARTICLE XIV. DEFAULT AND TERMINATION Section 1. Termination b Lessee. This Agreement shall be subject to termination by Lessee in the event of the following: Material default by the Lessor in the performance of any of the terms, covenants or conditions of this agreement, and in the failure of the Lessor to remedy, or undertake to remedy, to Lessee's satisfaction, such default for a period of thirty (30) days after receipt of notice from Lessee to remedy the same. Page 7of10 Item # 13 Attachment number 1 Page 10 of 12 Section 2. Termination by Lessor. This Agreement shall be subject to termination by the Lessor in the event of any one or more of the following events: a) Lessor determines at a duly constituted City Council meeting that the building or property (said premises) is needed for other municipal services and serves Lessee with sixty (60) days notice of such intended use. b) Lessor determines that the premises are so extensively damaged by some casualty that it is impractical or inequitable to repair such leased premises. c) The material default by Lessee in the performance of any of the terms, covenants or conditions of this Lease Agreement, and in the failure of the Lessee to remedy, or undertake to remedy, to Lessor's satisfaction such default for a period of thirty (30) days after receipt of notice from Lessor to remedy same, d) The Lessor determines that a municipal need exists consistent with the City's charter. e) Lessee's vacating or abandoning the premises. Section 3. Exercise. Exercise of the rights of termination set forth in Sections I and 2 above shall be by notice to the other party. Forbearance of timely notice shall not be deemed a waiver of any breach. Section 4. Removal of Pro e Upon termination of this agreement for any reason, Lessee, at its sole expense, shall remove from the Premises all signs, trade fixtures, furnishings, personal property, equipment and materials which Lessee was permitted to install or maintain under the rights granted herein. Lessor may effect such removal at Lessee's expense should Lessee fail to remove said installed property within thirty (30) days notice. Lessee agrees to pay Lessor promptly in the event of such circumstance upon presentation of a proper invoice. Section 5. Causes of Breach and Waiver. a) Neither party shall be held to be in breach of this Agreement because of any failure to perform any of its obligations hereunder if said failure is due to any cause for which it is not responsible and over which it has no control; provided, however, that the foregoing provision shall not apply to a failure of Lessee to provide the amounts of insurance contained in Article VII of this Agreement. b) The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver of any subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof. Page 8 of 10 Item # 13 Attachment number 1 Page 11 of 12 Section 6. Attorney's Fees. In case suit is brought for recovery of the premises or because of any breach of the Lease, the prevailing party shall be entitled to a reasonable attorney's fee and costs. ARTICLE XV. NOTICE Any notice given by one party to the other in connection with the Lease shall be sent by certified mail, return receipt requested, with postage and fees prepaid: 1. If to the Lessor, addressed to: City Manager City of Clearwater P. O. Box 4748 Clearwater, Florida 33758-4748 2. If to the Lessee, addressed to: YWCA of Tampa Bay Administrative Office 555 Second Avenue South St. Petersburg, FL 33701 ARTICLE XV I. EFFECTIVE DATE The effective date of this lease shall be the I' (first) day of November, 2006. Page 9 of 10 Item # 13 Attachment number 1 Page 12 of 12 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of rv?j > 2006. ACKNOWLEDGEMENTS: YWCA of Tampa Bay lease Countersigned: CITY OF CLEARWATER r Y. Fr Hibbard Bill Horde Mayor Approved as to form: . Robert J, rette Assistant City Attorney WITNESSES as to Le ee: r City Manager Attest: Cr . Gou deau City YWCA OF TAMPA BAY By: dtsco t n' (att. y? 1?>) ea (dz- Susan Finlaw-D seault Chief Executive Officer Page 10 of 10 Item # 13 Attachment number 2 Page 1 of 9 AGREEMENT THIS AGREEMENT is made and entered into on the 1st day of October, 2008, by and between Pinellas Core Management Services, Inc., hereinafter referred to as the "Contractor", and the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the "City", hereby incorporates by reference the City of Clearwater's "Standard Requirements for Requests for Proposals"; Exhibit A - Insurance Requirements; and Exhibits B & C - Scope of Services. WITNESSETH: WHEREAS, the City has been awarded a grant from the U. S. Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant Program, in the amount of $66,807, for the implementation of "Operacion Apoyo Hispano;" WHEREAS, the Contractor has agreed to implement and administer Operacion Apoyo Hispano in partnership with the City; NOW THEREFORE, in consideration of the promises and the mutual covenants contained in the Agreement, the Contractor and City hereby agree as follows: 1. TERM. This Agreement shall commence on the 1 st day of October, 2008, and shall terminate on the 30th day of September, 2009, unless earlier terminated by either party hereto. Either party may terminate this Agreement upon thirty (30) days prior written notice. 2. CONTRACTOR'S SERVICES. The Contractor shall furnish all material and perform all of the work for administration and implementation of Operacion Apoyo Hispano, which provides interpreter, victim advocacy, and crime prevention services to Hispanics in the City per the attached Scope of Services (Exhibits B and C). 3. CONSIDERATION. Upon execution of this Agreement by all parties, the City will pay for costs associated with the implementation of the program as specifically indicated in Exhibits B and C. The Contractor shall submit monthly billing to the City, including all invoices, receipts, copies of payroll checks, and other documentation of expenses for which the Contractor seeks reimbursement pursuant to this Agreement. Such monthly billing shall be submitted to the City no later than twenty (20) days after the close of each month. The City's maximum liability under this contract shall not exceed $66,807 - the total amount of the grant. Item # 13 Attachment number 2 Page 2 of 9 4. THE WAIVER. Failure to invoke any right, condition, or covenant in this Agreement by either party shall not be deemed to imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure. 5. NOTICE. Any notice or communication permitted or required by the Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, in the first class mail of the United States properly addressed to the appropriate party at the address set forth below: A. NOTICES TO CONTRACTOR: Mail to: R. Paul Lackey Executive Director Pinellas Core Management Services 4500 140th Avenue North, Suite 220 Clearwater, FL 33762 With a copy to: Sandra Lyth Director of Hispanic Services Hispanic Outreach Center 612 Franklin St. Clearwater, FL 33756 B. NOTICES TO CITY: Mail to: Sid Klein, Chief of Police Clearwater Police Department 645 Pierce Street Clearwater, FL 33756 With a copy to: City Attorney's Office City of Clearwater P.O. Box 4748 Clearwater, FL 33758 6. ENFORCEABILITY. If any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be impaired. 7. ENTIRE AGREEMENT AND AMENDMENTS. This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements of understandings, whether written or oral. No amendment or extension of the Agreement shall be binding unless in writing and signed by both parties. Item # 13 Attachment number 2 Page 3 of 9 8. BINDING EFFECT, ASSIGNMENT. This Agreement shall be binding upon and shall inure to the benefit of the Contractor and the City. Nothing in this Agreement shall be construed to permit the assignment by the Contractor of any of its rights or obligations hereunder, as such assignment is expressly prohibited without the prior written consent of the City. 9. GOVERNING LAW, SEVERABILITY. In the performance of the Agreement, each party shall comply with all applicable federal, state and local laws, rules, ordinances and regulations. This Agreement shall be governed by the laws of the State of Florida. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In witness whereof, the parties hereto have set their hands and seals on the date first above written. Countersigned: Frank V. Hibbard Mayor Approved as to form: 04A. Lun-A Robert J. rette Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk PINELLAS CORE MArGEMENT S ERVICE- ?, IN C? n V Officer Item # 13 Attachment number 2 Page 4 of 9 INSURANCE REQUIREMENTS EXHIBIT A The vendor shall provide insurance and comply with all requirements as contained herein prior to performing any services or providing any products to the City. a. Insurance The applicant shall furnish, pay for, and maintain during the life of the contract with the City the following liability coverage: 1. Comprehensive General Liability Insurance on an "occurrence" basis in an amount not less than $500,000 combined single-limit Bodily Injury Liability and Property Damage Liability. 2. Business Automobile Liability insurance in the amount of at least $500,000, providing Bodily Injury Liability and Property Damage Liability. 3. Workers' Compensation Insurance applicable to its employees for statutory coverage limits, and Employers' Liability that meets all applicable state and federal laws. b. Additional Insured The City is to be specifically included as an additional insured on all liability coverage shown in sections 1 and 2 described above. c. Notice of Cancellation or Restriction All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. d. Certificates of Insurance/Certified Copies of Policies The applicant shall provide the City with a certificate or certificates of insurance showing the existence of the coverage required by this Agreement. The applicant will maintain this coverage with a current certificate or certificates of insurance throughout the term stated in the proposal. When specifically requested by the City in writing, the applicant will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies (if certified copies of policies are requested) shall be provided to the City whenever any policy is renewed, revised, or obtained from other insurers. 1 Item # 13 Attachment number 2 Page 5 of 9 e. The certificates and/or certified policies shall be sent or delivered to the Project Manager and addressed to. The address where such certificates and certified policies shall be sent or delivered as follows: City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 The applicant shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance by the applicant, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Applicant acknowledges that it is solely responsible for complying with the terms of this Agreement. In addition, the applicant shall, at its expense, secure and provide to the City, prior to beginning performance under this Agreement, insurance coverage as required in this Agreement. Any party providing services or products to the City will be expected to enter to a written agreement, contract, or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance Any party providing services or products to the City will be expected requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or proposer of services and/or products to the City. 2 Item # 13 Attachment number 2 Page 6 of 9 EXHIBIT B HISPANIC OUTREACH CENTER (HOC) INTERPRETER PROGRAM SCOPE OF SERVICES Pinellas Core Management Services, Inc. (PCMS) agrees to comply with the terms, conditions and scope of the Edward Byrne Memorial Justice Assistance Grant Program, administered by the U.S. Department of Justice, Bureau of Justice Assistance, and will specifically comply with all Acceptance Agreement Conditions as listed in the Grant Award and Special Conditions documents. Program Components 1. Supervision • Fulfill the functions of supervisor for interpreters and any volunteers or other staff that may be connected with the program • Maintain an on-call procedure which meets the needs of the Clearwater Police Department (CPD), revising and improving as necessary. • In collaboration with CPD, maintain a protocol for working with the police and the courts, in various settings, including interviews, the scene of a crime, and in legal proceedings, revising and improving as necessary. 2. Recruiting • Maintain a group of approximately 12 trained interpreters, who are fluently bilingual in Spanish and English, to act as interpreters between Spanish speaking residents of the City of Clearwater and the police. • In collaboration with the CPD, continue to recruit, screen, and train interpreters, as needed. 3. Information Management • Maintain an information management system, including reports written by the interpreters following a call-out. • From this information, maintain a data base of critical information, including descriptions of the incidents, the participants, time of day, etc., which will be developed into a formal evaluation 4. Written Translations • Provide qualified translators to translate written documents for CPD as needed. Item # 13 Attachment number 2 Page 7 of 9 5. Reporting Provide reports to the CPD and PCMS as required. Item # 13 Attachment number 2 Page 8 of 9 EXHIBIT C HISPANIC OUTREACH CENTER (HOC) ADVOCACY PROGRAM SCOPE OF SERVICES Pinellas Core Management Services, Inc. (PCMS) agrees to comply with the terms, conditions and scope of the Edward Byrne Memorial Justice Assistance Grant Program, administered by the U.S. Department of Justice, Bureau of Justice Assistance, and will specifically comply with all Acceptance Agreement Conditions as listed in the Grant Award and Special Conditions documents. Program Components 1. Outreach • Contact individuals and organizations in the community, providing information about the advocacy services of the HOC. • Provide direct information to victims and potential victims of crime through notices in Spanish speaking businesses, churches, public speaking, and word of mouth 2. Intervention • Provide advice and counseling with the objective of having the incident(s) reported to the police • Provide support and assistance during interviews, legal proceedings, and related processes 3. Referral and Support • Assist Hispanic victims to gain access to services that maybe required by the victim as a result of a crime, such as alternate housing, financial aid, medical care, and services for children, as needed • Refer the victim to agencies and services which have a Spanish speaking capability, according to the needs of the individual • Assist the victim in maintaining a working relationship with the police during the process 4. Liaison with the Clearwater Police Department (CPD) Item # 13 Attachment number 2 Page 9 of 9 2 • Provide information to Senior Officials and Officers of CPD regarding obstacles faced by Hispanic residents in reporting crimes and seeking redress through the legal system Provide training or orientation to members of the CPD regarding the program • Work continuously with representatives of the CPD to improve the awareness of Hispanic residents of the services available to them through the legal system. 5. Public Education • Attend meetings, give presentations, and perform other functions which will enhance the visibility of the needs of the Hispanic community, specifically victims of crime, and the needs of Hispanic women and girls 6. Outcomes • The Coordinator of Hispanic Services will maintain records of activity and case-by-case outcome on all of the above responsibilities. Prepare a monthly report, to be reviewed by PCMS and the Clearwater Police Department. Item # 13 Attachment number 3 Page 1 of 7 AGREEMENT THIS AGREEMENT is made and entered into on the 1 s' day of October 2008, by and between Pinellas Core Management Services, Inc., hereinafter referred to as the "Contractor", and the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the "City", hereby incorporates by reference the City of Clearwater's "Standard Requirements for Requests for Proposals"; Exhibit A - Insurance Requirements; and Exhibit B - Scope of Services. WITNESSETH: WHEREAS, the City has been awarded a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $450,000, for the implementation of a Clearwater Area Task Force on Human Trafficking; WHEREAS, the Contractor has agreed to utilize the Contractor for provision of victim advocacy services to Human Trafficking (HT) victims; NOW THEREFORE, in consideration of the promises and the mutual covenants contained in the Agreement, the Contractor and City hereby agree as follows: 1. TERM. This Agreement shall commence on the 1 st day of October, 2008, and shall terminate on the 30th day of September, 2009, unless earlier terminated by either party hereto. Either party may terminate this Agreement upon thirty (30) days prior written notice. 2. CONTRACTOR'S SERVICES. The Contractor shall furnish all material and perform all of the work for administration and implementation of HT victim advocacy services in the City per the attached Scope of Services (Exhibits B). 3. CONSIDERATION. Upon execution of this Agreement by all parties, the City will pay for costs associated with the implementation of the program as specifically indicated in Exhibit B, the Contractor shall submit monthly billing to the City, including all documentation of expenses for which the Contractor seeks reimbursement pursuant to this Agreement. Such monthly billing shall be submitted to the City no later than twenty (20) days after the close of each month. The City's maximum liability under this contract shall not exceed $45,000. Item # 13 Attachment number 3 Page 2 of 7 4. THE WAIVER. Failure to invoke any right, condition, or covenant in this Agreement by either party shall not be deemed to imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure. 5. NOTICE. Any notice or communication permitted or required by the Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, in the first class mail of the United States properly addressed to the appropriate party at the address set forth below: A. NOTICES TO CONTRACTOR: Mail to: R. Paul Lackey Executive Officer Pinellas Core Management Services 4500 140th Avenue North, Suite 220 Clearwater, FL 33762 With a copy to: Sandra Lyth Director of Hispanic Services Hispanic Outreach Center 612 Franklin Street Clearwater, FL 33756 B. NOTICES TO CITY: Mail to: Sid Klein, Chief of Police Clearwater Police Department 645 Pierce Street Clearwater, FL 33756 With a copy to: City Attorney's Office City of Clearwater P.O. Box 4748 Clearwater, FL 33758 6. ENFORCEABILITY. If any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable, the remainder of the Agreement shall remain in full force and effect and .shall in no way be impaired. 7. ENTIRE AGREEMENT AND AMENDMENTS. This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements of understandings, whether written or oral. No amendment or extension of the Agreement shall be binding unless in writing and signed by both parties. Item # 13 Attachment number 3 Page 3 of 7 8. BINDING EFFECT, ASSIGNMENT. This Agreement shall be binding upon and shall inure to the benefit of the Contractor and the City. Nothing in this Agreement shall be construed to permit the assignment by the Contractor of any of its rights or obligations hereunder, as such assignment is expressly prohibited without the prior written consent of the City. 9. GOVERNING LAW, SEVERABILITY. In the performance of the Agreement, each party shall comply with all applicable federal, state and local laws, rules, ordinances and regulations. This Agreement shall be governed by the laws of the State of Florida. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In witness whereof, the parties hereto have set their hands and seals on the date first above written. Countersigned: Frank V. Hibbard Mayor Approved as to form: .A&A-&jL Robert J urett e Assistant ity Attorney CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk PINELLAS WE M GEMENT SFR'ITPMS.INk.A „n R. PaWI Director Item # 13 Attachment number 3 Page 4 of 7 INSURANCE REQUIREMENTS EXHIBIT A The vendor shall provide insurance and comply with all requirements as contained herein prior to performing any services or providing any products to the City. a. Insurance The applicant shall furnish, pay for, and maintain during the life of the contract with the City the following liability coverage: 1. Comprehensive General Liability Insurance on an "occurrence" basis in an amount not less than $500,000 combined single-limit Bodily Injury Liability and Property Damage Liability. 2. Business Automobile Liability insurance in the amount of at least $500,000, providing Bodily Injury Liability and Property Damage Liability. 3. Workers' Compensation Insurance applicable to its employees for statutory coverage limits, and Employers' Liability that meets all applicable state and federal laws. b. Additional Insured The City is to be specifically included as an additional insured on all liability coverage shown in sections 1 and 2 described above. c. Notice of Cancellation or Restriction All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. d. Certificates of Insurance/Certified Copies of Policies The applicant shall provide the City with a certificate or certificates of insurance showing the existence of the coverage required by this Agreement. The applicant will maintain this coverage with a current certificate or certificates of insurance throughout the term stated in the proposal. When specifically requested by the City in writing, the applicant will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies (if certified copies of policies are requested) shall be provided to the City whenever any policy is renewed, revised, or obtained from other insurers. Item # 13 Attachment number 3 Page 5 of 7 e. The certificates and/or certified policies shall be sent or delivered to the Project Manager and addressed to: The address where such certificates and certified policies shall be sent or delivered as follows: City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 The applicant shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance by the applicant, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Applicant acknowledges that it is solely responsible for complying with the terms of this Agreement. In addition, the applicant shall, at its expense, secure and provide to the City, prior to beginning performance under this Agreement, insurance coverage as required in this Agreement. Any party providing services or products to the City will be expected to enter to a written agreement, contract, or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance Any party providing services or products to the City will be expected requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or proposer of services and/or products to the City. 2 Item # 13 Attachment number 3 Page 6 of 7 EXHIBIT B HISPANIC OUTREACH CENTER (HOC) ADVOCACY PROGRAM SCOPE OF SERVICES Pinellas Core Management Services, Inc. (PCMS) agrees to comply with the terms, conditions and scope of the Trafficking Task Forces and Victim Services Program administered by the U.S. Department of Justice, Bureau of Justice Assistance, and will specifically comply with all Acceptance Agreement Conditions as listed in the Grant Award and Special Conditions documents. Program Components 1. Intervention • Insure that appropriate (HOC) staff are trained in Human Trafficking (HT) intervention and services. • Provide advice and counseling to Human Trafficking (HT) victims with the objective of having the incident(s) reported to the police. Provide support and assistance, including interpreter services, during interviews, legal proceedings, and related processes. • Provide document translation services as needed for the public awareness campaign and other program needs. • Participate in the local World Relief Network of Emergency Trafficking Services (NETS) coalition in the provision of services to HT victims. • Provide one full-time Human Trafficking case management position that will be assigned to the CATFHT project. (Note: City of Clearwater will be responsible only for partial payment of salary and FICA for this position for a total cost of $26,860.) 2. Liaison with the Clearwater Police Department (CPD) • Work continuously with representatives of the CPD to improve the awareness of Clearwater area residents in the HT problem and services available. 3. Outcomes • Maintain records of activity and case-by-case outcome on all of the above responsibilities. Prepare a monthly report, to be reviewed by PCMS and the Clearwater Police Department. Item # 13 Attachment number 3 Page 7 of 7 2 Hourly Rate Services shall be provided at the hourly rate of $15.50 per hour, not to exceed $18,140 for the entire grant period. This hourly rate shall apply only to those services other than the salary and FICA for the Human Trafficking case management position. Item # 13 Attachment number 4 Page 1 of 4 AGREEMENT THIS AGREEMENT is made and entered into on the 1St day of October, 2008, by and between Pinellas Core Management Services, Inc., hereinafter referred to as the "Contractor", and the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City has been awarded a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $99,730, for the implementation of the "Clearwater Human Trafficking Immersion Training Project 2008;" WHEREAS, the Contractor has agreed to coordinate activities and participate in certain portions of the delivery of the training with the City; NOW THEREFORE, in consideration of the promises and the mutual covenants contained in the Agreement, the Contractor and City hereby agree as follows: 1. TERM. This 1reement shall commence on the 15t day of October 2008 and shall terminate on the 30 day of June 2009, unless earlier terminated by either party hereto. Either party may terminate this Agreement upon thirty (30) days prior written notice. 2. CONTRACTOR'S SERVICES. The Contractor shall furnish material and perform defined aspects of the work for coordination and implementation of Human Trafficking Immersion Training, in conjunction with the Clearwater Police Department and any other entities determined by the City, per the attached Scope of Services (Exhibit A). 3. CONSIDERATION. Upon execution of this Agreement by all parties, the City will pay for costs associated with the implementation of the program as specifically indicated in Exhibit A. The Contractor shall submit billing to the City for the price of $2,000 per training session implemented, for which the Contractor seeks reimbursement pursuant to this Agreement. Such billing shall be submitted to the City no later than twenty (20) days after the close of each training session. The City's maximum liability under this contract shall not exceed $10,000 - the total amount budgeted in the grant for these services. 4. THE WAIVER. Failure to invoke any right, condition, or covenant in this Agreement by either party shall not be deemed to imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure. Item # 13 Attachment number 4 Page 2 of 4 5. NOTICE. Any notice or communication permitted or required by the Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, in the first class mail of the United States properly addressed to the appropriate party at the address set forth below: A. NOTICES TO CONTRACTOR: Mail to: R. Paul Lackey Executive Director Pinellas Core Management Services 4500 140th Avenue North, Suite 220 Clearwater, FL 33762 With a copy to: Sandra Lyth Director of Hispanic Services Hispanic Outreach Center 612 Franklin St. Clearwater, FL 33756 B. NOTICES TO CITY: Mail to. Sid Klein, Chief of Police Clearwater Police Department 645 Pierce Street Clearwater, FL 33756 With a copy to: City Attorney's Office City of Clearwater P.O. Box 4748 Clearwater, FL 33758 6. ENFORCEABILITY. If any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be impaired. 7. ENTIRE AGREEMENT AND AMENDMENTS. This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements of understandings, whether written or oral. No amendment or extension of the Agreement shall be binding unless in writing and signed by both parties. 8. BINDING EFFECT, ASSIGNMENT. This Agreement shall be binding upon and shall inure to the benefit of the Contractor and the City. Nothing in this Agreement shall be construed to permit the assignment by the Contractor of any of its rights or obligations hereunder, as such assignment is expressly prohibited without the prior written consent of the City. 9. GOVERNING LAW, SEVERABILITY. In the performance of the Agreement, each party shall comply with all applicable federal, state and local laws, rules, ordinances and regulations. This Agreement shall Item # 13 Attachment number 4 Page 3 of 4 be governed by the laws of the State of Florida. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In witness whereof, the parties hereto have set their hands and seals on the date first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard William B. Horne, II Mayor City Manager Approved as to form: RAA-L4 Robert . Surette Assistan City Attorney Attest: Cynthia E. Goudeau City Clerk PINELLAS CORE MrGEMENT SFRVLC , INC. By: Executive Director Item # 13 Attachment number 4 Page 4 of 4 Exhibit A: Scope of Services Reimbursement will be based on participation in 5 immersion training sessions @ $2,000 per session (5 days per session estimated); including the following costs and activities: • Local travel and mileage; • Participate in planning the content and schedule for the training sessions; • Assist in establishing specific curricula for each visiting Task Force; • Attend such meetings as may be required prior to and during site visits for planning and coordination; • Provide technical assistance and training on topics related to the task force, including: o Victim services budgets, case management, reporting forms and requirements, file arrangements, confidentiality, responding to victim needs; o Outreach and awareness plans, presentations and experiences; o Models for structuring NGO service networks and development of protocols; o Training plans for Law Enforcement and NGO's; o Evaluation plans and experiences; Meet with and exchange information and experiences with visiting NGO victim service providers and law enforcement; Accompany NGO and other visiting Task Force personnel on site visits as needed; Plan and deliver presentations to visiting Task Force members as needed. Item # 13 Work Session Council Chambers - City Hall Meeting Date:9/15/2008 SUBJECT / RECOMMENDATION: Approve acceptance of a FY 2008 U.S. Department of Justice, Bureau of Justice Assistance (USDOJBJA) Edward Byrne Memorial Justice Assistance grant in the amount of $30,414 to fund the purchase of Tactical Weapons Illuminators and Holsters. (consent) SUMMARY: On August 7, 2008, the City Council approved the submission of the Police Department's grant application for federal grant funding in the amount of $30,414. On August 20, 2008, the Police Department received official notification from USDOJBJA that the JAG grant had been awarded. The Police Department is now seeking City Council approval to accept the grant, which will provide funding for the following equipment: 240 tactical weapons illuminator lights and 240 accompanying holsters, providing all sworn personnel with the equipment. There are no additional personnel associated with this grant. Total purchase price for lights and holsters will be $34,113.60. Total amount of federal grant funds is $30,414.00. The balance of $3,699.60 will be paid for from the department's SLEF account, 181-99331. Special Project No. 181-99266 has been established to account for the grant expenditures. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment: Budget Adjustment Comments: Current Year Cost: -0- Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: 2008 to 2009 Appropriation Code Amount Appropriation Comment 181-99331 3,699.60 181-99266 30,414.00 None Review 1) Clerk 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 4 Budget Detail Worksheet A. Personnel - List each position by title and name of employee, if available. Show the annual salary rate and the percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. Name/Position Salary Compensation Cost TOTAL -0- B. Fringe Benefits - Fringe benefits should be based on actual known costs or an established formula. Fringe benefits are for the personnel listed in budget category (a) and only for the percentage of time devoted to the project. Name/Position Benefits Computation Cost TOTAL -0- C. Travel - Itemize travel expenses of project personnel by purpose (e.g., staff to training, field interviews, advisory group meeting, etc.). Show the basis of computation (e.g., six people to 3-day training at $X airfare, $X lodging, $X subsistence). In training projects, travel and meals for trainees should be listed separately. Show the number of trainees and the unit costs involved. Identify the location of travel, if known. Indicate source of Travel Policies applied, Applicant or Federal Travel Regulations. Purpose of Travel Destination Item Computation Cost TOTAL -0- D. Equipment- List non-expendable items that are to be purchased. Nonexpendable equipment is tangible property having a useful life of more than two years and an acquisition cost of $5,000 or more per unit. (Note: Organization's own capitalization policy may be used for items costing less than $5,000). Expendable items should be included either in the "Supplies" category or in the "Other" category. Applicants should analyze the cost benefits of purchasing items versus leasing equipment, especially high-cost items and those subject to rapid technical advances. Rented or leased equipment costs should be listed in the "Contractual" category. Explain how the equipment is necessary for the success of the project. Attach a narrative describing the procurement method to be used. Item # 14 Attachment number 1 Page 2 of 4 Item COmputation Cost TOTAL -0- E. Supplies - List items by type (office supplies, postage, training materials, copying paper, and expendable items costing less than $5,000, such as books, hand-held tape recorders), and show the basis for computation. (Note: Organization's own capitalization policy may be used for items costing less than $5,000). Generally, supplies include any materials that are expendable or consumed during the course of the project. F. Supply Items Computation Tactical weapons illuminator $62.14 per light x 240 Accompanying holster for $80.00 per holster x 240 weapon and light Cost $14,913.60 19,200.00 TOTAL $34,113.60 F. Construction - As a rule, construction costs are not allowable. In some cases, minor repairs or renovations may be allowable. Consult with the program office before budgeting funds in this category. Purpose Description of Work Cost TOTAL -0- G. Consultants/Contracts - Indicate whether applicant's formal, written Procurement Policy or the Federal Acquisition Regulations are followed. Consultant Fees: For each consultant enter the name, if known; service to be provided; hourly or daily fee (8-hour day); and estimated time on the project. Consultant fees in excess of $250 per day require additional justification an prior approval for OJP. Name of Consultant Service Provided Computation Cost Subtotal $-0- Consultant Expenses: List all expenses to be paid from the grant to the individual consultants in addition to their fees (e.g., travel, meals, lodging, etc.). Item Location Computation Cost Item # 14 Attachment number 1 Page 3 of 4 Subtotal $-0- Contracts: Provide a description of the product or service to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole source contracts in excess of $100,000. Item Cost Subtotal -0- TOTAL -0- H. Other Costs - List items (e.g., rent, reproduction, telephone, janitorial or security services, and investigative or confidential funds) by major type and the basis of the computation. For example, provide the square footage and the cost per square foot for rent, and provide a monthly rental cost and how many months to rent. Description Computation Cost TOTAL -0- L Indirect Costs - Indirect costs are allowed only if the applicant has a Federally approved indirect cost rate. A copy of the rate approval (a fully executed, negotiated agreement) must be attached. If the applicant does not have an approved rate, one can be requested by contacting the applicant's cognizant Federal agency, which will review all documentation and approve a rate for the applicant organization, or if the applicant's accounting system permits, costs may be allocated in the direct cost categories. Description Computation Cost TOTAL J. Budget Summary - When you have completed the budget worksheet, transfer the totals for each category to the spaces below. Compute the total direct costs and the total project costs. Indicate the amount of Federal funds requested and the amount of non-Federal funds that will support the project. Budget Category Amount A. Personnel $_0_ Item # 14 Attachment number 1 Page 4 of 4 B. Fringe Benefits C. Travel D. Equipment E. Supplies F. Construction G. Consultants/Contracts H. Other Total Direct Costs 1. Indirect Costs TOTAL PROJECT COSTS Federal Request $30,414.00 Non-Federal Request 3,699.60 $-0- $-0- $-0- $34,113.60 $-0- $-0- $-0- $34,113.60 $-0- $34,113.60 Item # 14 Attachment number 2 Page 1 of 1 Budget Narrative Supplies ($34,113.60) The grant will fund the purchase of 240 tactical weapons illuminator lights and 240 accompanying holsters, providing all sworn personnel with the equipment. The tactical weapons illuminator is the original rail mount weapons light that is compatible with the handguns used by all Clearwater Police Department (CPD) officers. The light attaches onto the weapon and provides powerful light, as well as fast and significantly clearer identification of the target. The light weighs less than 4 ounces and will not hamper performance or shooter skill. The accompanying holsters are necessary for the Illuminator to be stored on the officer's belt with the weapon. The Tactical Weapons Illuminator will prove to be extremely useful to CPD officers in low light situations and will greatly enhance officer safety. Cost per light is $62.14 x 240 for a total of $14,913.60. Cost per holster is $80 x 240 for a total of $19,200.00. Total purchase price for lights and holsters will be $34,113.60. Total of federal grant funds will be $30,414.00, the maximum that CPD is eligible to apply for. The balance of $3699.60 will be paid for from the department's Special Law Enforcement Fund account. Item # 14 Attachment number 3 Page 1 of 1 Program Narrative The City of Clearwater Police Department (CPD) requests authorization to apply for a FY 2008 Edward Byrne Justice Assistance Grant in the amount of $30,414 for its Tactical Weapons Illuminator Project. The Tactical Weapons Illuminator is the original rail mount weapons light that is compatible with the handguns used by all CPD officers. The light attaches onto the weapon and provides powerful light, as well as fast and significantly clearer identification of the target. The light weighs less than 4 ounces and will not hamper performance or shooter skill. The accompanying holsters are necessary for the Illuminator to be stored on the officer's belt with the weapon. The Tactical Weapons Illuminator will prove to be extremely useful to CPD officers in low light situations and will greatly enhance officer safety. Currently when CPD patrol officers conduct building searches, foot chases, felony traffic stops, and/or active-shooter situations in low-light conditions, officers must use one hand for their weapon and the other for their flashlight. Having a weapons-mounted lighting system would free up the officer's non-shooting hand, allowing the officer to use that hand and not have to worry about aiming a flashlight in addition to a gun. During CPD's active-shooter training in the summer of 2005, the training unit developed scenarios that required officers to bring their flashlights with them in the event of low- light conditions. Numerous times during the training, unarmed role players were shot during the split second that it to took for the officer to decide whether to shoot or be shot. When questioned about the shootings, officers stated that their biggest concerns were the lighting issue and poor hand position while holding the flashlight. These officers all stated that if they had had a weapons-mounted light system, the outcome of the training scenario would have been different. The grant will fund the purchase of 240 lights and 240 holsters, providing all sworn personnel with the equipment. Cost per light is $62.14 x 240 for a total of $14,913.60. Cost per holster is $80 x 240 for a total of $19,200.00. Total purchase price for lights and holsters will be $34,113.60. Total of federal grant funds will be $30,414.00, the maximum that CPD is eligible to apply for. The balance of $3699.60 will be paid for from CPD's Special Law Enforcement Fund account. Item # 14 Attachment number 4 Page 1 of 1 Review Narrative for JAG Date: July 7, 2008 On July 2, 2008, the JAG grant application was submitted for review and approved by the City of Clearwater's Resource Management Committee. The JAG grant application is also being submitted for review by Clearwater's City Council. The application will be reviewed and approved at the public meeting scheduled for August 7, 2008. Also on July 7, 2008, a notice was placed on the Clearwater Police Department's official web site at notifying the public of Clearwater's intention to submit a JAG grants application and inviting public comment. Janet Skinner Grants Coordinator Item # 14 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/15/2008 Award a Contract (Blanket Purchase Order) for $530,000 to M/A-COM Private Radio Systems of Lynchburg, VA for the Quarterly Payments during the period of 10/01/08 through 9/30/10 toward the 20 Year Maintenance Agreement approved by Council on June 20, 2002 and authorize the appropriate officials to execute same. (consent) SUMMARY: This contract provides for maintenance of the Clearwater Radio System plus the towers and facilities. The Quarterly payments are made per the 20 year contract approved by Council in 2002. Any revenue due the City from leased space on the two towers since the contract went into effect is deducted from the payment. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $255,489.90 Not to Exceed: For Fiscal Year: 2007 to 2008 Budget Adjustment: None Annual Operating Cost: Total Cost: $255,489.90 Appropriation Code Amount Appropriation Comment 566-06620-530300-519-000 $530,000.00 BPO Review 1) Purchasing 2) Office of Management and Budget 3) Legal 4) Clerk 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Approval: Manager 9) Clerk Cover Memo Item # 15 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/15/2008 Accept a Water Main and Hydrant Easement containing 5,075 square feet, more or less, conveyed by Mary Salinas Huber, as Trustee of the Church of Scientology Religious Trust, over, under and across a portion of OAK COVE, A COMMERCIAL CONDOMINIUM (COMMON ELEMENT), in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: The Church of Scientology Religious Trust purchased the former Oak Cove retirement and nursing care property at 210 South Osceola Avenue in December 2001. A Site Plan for redevelopment of the property was approved by the Community Development Board on December 19, 2006. One of the conditions of approval was the granting of an easement to the City over all unrestricted water lines, including fire hydrants. The subject easement grant fulfills that requirement and grants the City perpetual authority to maintain and replace, as necessary, its water facilities within the easement limits. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 of 3 Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 Parcel I. D. No. 16-29-15-62131-000-0001 WATER MAIN & HYDRANT EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, MARY SALINAS HUBER, as Trustee of the CHURCH OF SCIENTOLOGY RELIGIOUS TRUST, 319 South Garden Avenue, Clearwater, Fl. 33756-5423, ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), a non-exclusive, limited purpose easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: The East two hundred three feet (2031) of the North twenty-five feet (25') of OAK COVE, A COMMERCIAL CONDOMINIUM (COMMON ELEMENT) COMMON AREA, according to the map or plat thereof as recorded in Plat Book 102, Pages 92 - 95, Public Records of Pinellas County, Florida, as depicted in EXHIBIT "A", appended hereto and by this reference made a part hereof (the, "Easement Premises") This easement is for water main & hydrant installation and maintenance only. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described Easement Premises to construct, install and maintain therein water lines and a City fire hydrant, and to inspect and alter such utilities from time to time, together with all appurtenances thereto. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain reasonable access for Grantor and the general to Grantor's facilities at all times during the exercise of rights granted herein, and that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any project undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely and workmanlike manner. Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. Grantee, to the extent permitted by applicable law, agrees to indemnify and hold harmless Grantor from and against any and all claims, demands, actions, judgments, injuries, damages, costs and expenses, including attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents and/or invitees use or occupation of the easement premises. However, nothing contained herein shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the Grantee to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. U:\Easements\CHURCH OF SCIENT OAK COVE EAS 0308. doc.doc Item # 16 Attachment number 1 Page 2 of 3 In the event Grantor, its successors or assigns, should ever determine it necessary to relocate Grantee's facilities constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee, shall provide an alternate easement for the constructed water mains, and shall at its sole cost and expense reconstruct the water mains within the alternate easement. Upon completion of the facilities relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee. IN WITN4SS WHEREOF, the undersigned grantor has caused these presents to be duly executed this 1 day of u CU S I , 2008. Signed, sealed and delivered in the resence of: WITNESS signatur_ AV 5 ? Print WitriessN8're 6 / li?d?Z?M ITNES signatur I'd A .4 ow %K" tint W itness Name STATE OF FLORIDA ss COUNTY OF PINELLAS THE CHURCH OF SCIENTOLOGY RELIGIOUS TRUST By: L-mary S lina Huber, Trustee Before me, the undersigned authority, personally appeared Mary Salinas Huber, as Trustee of the Church of Scientology Religious Trust, whom, being duly authorized by provisions of said Trust and amendments thereto, did execute the foregoing instrument on behalf of said Trust on the aforementioned date, and who acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who ] is ersonally knowZtoe rwho [ ] did provide as identificatio i26 My commission expires: ry Public - State of Florida Type/Print Name NOTARY PUBLIC-STATE OF FLORIDA Sarah H. Heller "..' ..wV" apmmi: NOVD 0112010 BONDED THRU ATLANTIC BONDING CO., INC. U:\Easements\CHURCH OF SCIENT OAK COVE EAS 0308. doc.doc Item # 16 Item # 16 Attachment number 2 Page 1 of 1 U. LLJ ?O \ PIERCE cnn ? Otis (s) Q ?G COURT z W DREW ST w z Q O w w w HENDRICKS Q Q a LAURA EASEMENT LOCATION Q O U) O ST ST ROGERS ST w Q O w PARK Q o Q C? LL FRANKLIN Q w SR-60 MARKLEY El -1 CHESTNUT ST ROGERS s w J PIERCE Ci N OAK COVE t WATER MAIN & HYDRANT EASEMENT w E Prepared by: Engineering Department Geographic Technology Division s 100S . Myrtle Ave, Clearwater, FL 33756 em # 16 Ph: (727)56.MyCl,earwFax: ateccom (727)526-4755 Map Gen By: SF Reviewed By: EB Date: 8/21/2008 Grid #: 286B S-T-R: 16-29s-15e Scale: 1 "=400' www.MyCl Work Session Council Chambers - City Hall Meeting Date:9/15/2008 SUBJECT / RECOMMENDATION: Approve an amendment to the lease with COTEL Inc., LLC to increase the rent by $14,700 annually, for a new annual total of $44,100 and authorize appropriate officials to execute same. (consent) SUMMARY: • The original lease agreement for 35 temporary parking spaces on the beach commenced on June 21, 2007 and expires September 30, 2008 with an option to renew for a one-year period under the same terms and conditions. • The Lessor has requested an increase of $36,600 per year in the rent (from $29,400 to $66,000) for the renewal period. • A review of actual net income for the last 12 months has allowed for a minor increase in annual rent of $14,700 (from $29,400 to $44,100). • Proposed rent payments are $60 per month per space September through February and $150 per month per space March through August. Total maximum lease amount not to exceed $44,100. • Projected annual revenue is $52,000 with annual operating expenses of approximately $5,000. • First quarter budget amendment will increase rental costs (0435-01333-544300) by $14,700 for payments to COTEL Inc., LLC. • All of the other terms and conditions of the original Temporary Parking Lot Lease will continue to be in effect throughout the remaining term of this agreement. Type: Other Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: Current Year Cost: N/A Annual Operating Cost: Not to Exceed: Total Cost: $14,700 For Fiscal Year: to Appropriation Code Amount Appropriation Comment 0435-01333-544300-545-000 $14,700 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 2 FIRST AMENDMENT TO TEMPORARY PARKING LOT LEASE THIS FIRST AMENDMENT TO TEMPORARY PARKING LOT LEASE is made and entered into this day of , 20087 by and between COTEL, INC., a Florida Corporation, 5649 49th Street North, St. Petersburg, Florida 33709, herein called "Lessor", and The City of Clearwater, a Florida Municipal Corporation, 112 South Osceola Avenue, Clearwater, Florida, 33756, herein called "Lessee". WITNESSETH: WHEREAS, Lessor and Lessee agree to extend the Temporary Parking Lot Lease term until September 30, 2009. WHEREAS, Lessor and Lessee agree to this First Amendment to Temporary Parking Lot Lease pursuant to the terms described herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this First Amendment to Temporary Parking Lot Lease, Lessor and Lessee hereby agree as follows: 1. Paragraph 3 of the Temporary Parking Lot Lease shall be amended as follows: RENT. Lessee agrees to pay the sum of $60.00 per parking space monthly for the months of September through February and $59-00 $150.00 per parking space monthly for the months of March through August during the Lease Term, due on the 1st of each month beginning July 1, 2007. Simultaneously with the execution and delivery of this Lease, Lessee shall pay the first month's rent. Lessee agrees to lease a minimum of 35 parking spaces. 2. All of the terms and conditions of the Temporary Parking Lot Lease are incorporated herein by reference and shall continue in full force and effect throughout the remaining term of this Amendment. IN WITNESS WHEREOF, the parties have authorized the below signed officers to execute this Amendment on the date first above written. WITNESSES: Print Name: Cotel, Inc., a Florida Corporation By: Print Name: Print Name: Title: Countersigned: CITY OF CLEARWATER Item # 17 Attachment number 1 Page 2 of 2 Frank V. Hibbard Mayor By: Approved as to form: Camilo A. Soto Assistant City Attorney William B. Horne, City Manager Attest: Cynthia E. Goudeau City Clerk Item # 17 Work Session Council Chambers - City Hall Meeting Date:9/15/2008 SUBJECT / RECOMMENDATION: Approve amendment to the Interlocal Agreement between Pinellas County and its NPDES Co-Permittess for the design, implementation, operation and maintenace of the ambient water quality monitoring program at a cost to the City of $36,000. (consent) SUMMARY: This interlocal agreement for control of stormwater dischages is a conditon of an NPDES (National Pollution Discharge Elimination System) Permit for stormwater discharges from Pinellas County that was originated in 1994, and renewed in both 2000 and 2006 and is due for renewal in 2008. The agreement recognizes that each party is independently and separately responsible for discharges from their stormwater system, and shall share the actual annual cost of the water quality monitoring program. City of Clearwater's share for FY2009 is approximately $36,000. Stormwater Management has budgeted $36,000 for the FY2008/09 annual share of the water quality monitoring program. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: to Appropriation Code Amount Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment None 0419-01365-530300-539- $36,000 000-0000 Review 1) Office of Management and Budget 2) Engineering 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 16 PINELLAS COUNTY GOVERNMENT IS COMMITTED TO PROGRESSIVE PUBLIC POLICY, SUPERIOR PUBLIC SERVICE, COURTEOUS PUBLIC CONTACT, JUDICIOUS EXERCISE OF AUTHORITY AND SOUND MANAGEMENT OF PUBLIC RESOURCES, TO MEET THE NEEDS AND CONCERNS OF OUR CITIZENS TODAYAND TOMORROW FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM AGREEMENT PREPARED BY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT WATERSHED MANAGEMENT DIVISION JUNE 2008 Item # 18 Attachment number 1 Page 2 of 16 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS NPDES PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM This FIRST AMENDMENT TO THE AGREEMENT, is entered into on the day of 2008, between the BOARD OF COUNTY COMMISSIONERS of Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and the Cities of Pinellas County, including the Town of Belleair, City of Belleair Beach, City of Belleair Bluffs, City of Clearwater, City of Dunedin, Town of Kenneth City, City of Gulfport, City of Indian Rocks Beach, City of Largo, City of Madeira Beach, Town of North Redington Beach, City of Oldsmar, City of Pinellas Park, Town of Redington Beach, Town of Redington Shores, City of St. Pete Beach, City of Safety Harbor, City of Seminole, City of South Pasadena, City of Tarpon Springs, City of Treasure Island, all of which are municipal corporations of the State of Florida and co- permittees to Pinellas County in its National Pollutant Elimination System (NPDES) permit, hereinafter referred to as CO-PERMITTEES. WITNESSETH, That: WHEREAS, the COUNTY and CO-PERMITTEES entered into an agreement dated April 17t", 2003 providing for the design and implementation of a water quality monitoring program that will be consistent with, and in support of, the requirements of NPDES permit #FLS000005. Except as hereby modified, amended or changed, all of the terms and conditions of said original Agreement dated April 17t", 2003, will remain in full force and effect. NOW THEREFORE, in consideration of the mutual covenants hereafter set forth, the parties hereto mutually agree to amend the original Agreement, dated April 17t", 2003 as follows: Item # 18 Page 2 of 16 Attachment number 1 Page 3 of 16 SECTION 3, GENERAL RESPONSIBILITIES is amended as follows: 2. Monitoring Program Implementation, Operation and Maintenance C. The COUNTY will continue to operate and maintain the sampling program outlined in Exhibit A using COUNTY staff and equipment. The program will consist of: ¦ managing staff ¦ maintaining equipment and instruments in working order ¦ ordering supplies and calibration standards ¦ performing necessary field quality assurance protocols in accordance with Florida Department of Environmental Protection (FDEP) guidelines ¦ collection of samples ¦ coordinating sample delivery to a National Environmental Laboratory Accreditation Conference (NELAC) certified analytical laboratory ¦ reviewing and managing analytical data results ¦ entering data into the state database as required by FDEP ¦ reporting of data results to FDEP in accordance with NPDES permit requirements ¦ include a reference to each CO-PERMITTEE listed in this agreement as a contributor to a countywide monitoring program in monitoring results submitted to FDEP as required by NPDES permit FL000005; and ¦ reporting of raw data results to the FDOT and the CO-PERMITEES every calendar year SECTION 4, COST ALLOCATION is amended as follows: 2. Monitoring Program Implementation, Operation and Maintenance A. The CO-PERMITTEES and the COUNTY shall share the actual annual cost of the water quality monitoring program. Costs shall be paid by each CO- PERMITTEE and the COUNTY on a pro-rata basis based upon jurisdictional acreage figures provided by the Pinellas County Planning Department. Acreage figures for the COUNTY and each CO-PERMITTEE are set forth in Exhibit "B." The acreage figures presented in Exhibit "B" are the most recent acreage figures available at the time this Amendment is being executed and shall remain in effect for the duration of this agreement term. In addition, costs will be shared in accordance with the terms shown in Exhibit "C." Item # 18 Page 3 of 16 Attachment number 1 Page 4 of 16 SECTION 6, NOTICES is replaced by the following: All written notices to THE CO-PERMITTEES and the COUNTY under this agreement shall be directed to the following addresses: Pinellas County: Kelli Hammer Levy Pinellas County Dept. of Environmental Management 300 S. Garden Avenue Clearwater, FL 33756 Belleair Bluffs: Mr. Robert David City of Belleair Bluffs 2747 Sunset Blvd. Belleair Bluffs, FL 33770 Clearwater: Mr. Brett Gardner Public Works Administration City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Gulport: Mr. Don Sopak City of Gulfport 2401-53rd St. South Gulfport, FL 33707 Largo: Mr. Mike Sepessy Stormwater Program Coordinator City of Largo P.O. Box 296 Largo, FL 33779-0296 N. Redinqton Beach: Ms. Mari Campbell Town Clerk Town of N. Redington Beach 190173 rd Avenue North Redington Beach, FL 33708-1397 Belleair: Robin Zimmerman Superintendent 901 Ponce De Leon Blvd. Belleair, FL 33756-1096 City of Belleair Beach: Peter Cavalli, MPA Director of Community Services and Information Technology City of Belleair Beach 444 Causeway Boulevard, Belleair Beach, Florida 33786 Dunedin: Mr. Keith Fogarty Director of Maintenance City of Dunedin 750 Milwaukee Avenue Dunedin, FL 34698 Indian Rocks Beach: Mr. Dean Scharmen Public Services Director City of Indian Rocks Beach 1507 Bay Palm Blvd. Indian Rocks Beach, FL 33785-2899 Kenneth City: Mr. John Dutton Director of Public Works Town of Kenneth City 6000 54th Ave. N. Kenneth City, FL 33709-1800 Madeira Beach: Mr. Michael Maxemow Public Works Director City of Madeira Beach 300 Municipal Drive Madeira Beach, FL 33708-1996 Item # 18 Page 4 of 16 Attachment number 1 Page 5 of 16 Pinellas Park: Mr. Randal A. Roberts Streets & Drainage Division City of Pinellas Park 6051 78th Ave. N. Pinellas Park, FL 33781 Town of Redinqton Shores: Ms. Mary Palmer Town Clerk Town of Redington Shores 17425 Gulf Blvd. Redington Shores, FL 33708-1299 Seminole: Mr. Allen Godfrey Public Works Director City of Seminole 7464 Ridge Road Seminole, FL 33772-5226 St. Pete Beach: Mr. Bill Miller City of St. Pete Beach 155 Corey Avenue St. Pete Beach, FL 33706-1839 Treasure Island: Mr. James Newton Water Pollution Control Supervisor City of Treasure Island 120 108th Ave. Treasure Island, FL 33706 Oldsmar: Mr. Kevin Shropshire City of Oldsmar 351 Lafayette Blvd. Oldsmar, FL 34677-3756 Redinqton Beach: Mr. Mark Davis Public Works Director Town of Redington Beach 105-164th Ave. Redington Beach, FL 33708-1519 Safety Harbor: Ms. Debbie Drees City of Safety Harbor 750 Main Street Safety Harbor, FL 34695 South Pasadena: Mr. Gary Anderson Public Works Director 7047 Sunset Dr. S. South Pasadena, FL 33707-2895 Tarpon Springs: Mr. Mark Schroeder City of Tarpon Springs 323 E. Pine Street Tarpon Springs, FL 34688 SECTION 8. TERMINATION OF AGREEMENT is replaced by the following: Any party may terminate this Agreement by notifying all other parties in writing thirty (30) calendar days prior to work commencing at the beginning of the fiscal year. For all parties, fiscal year begins on October 1St, so termination notices shall be provided no later than September 1 st. The Agreement will stay in effect for all parties remaining. SECTION 10. AGREEMENT TERM is replaced by the following: This Agreement shall take effect as provided in section 13 and shall remain in effect until September 30t", 2010, unless renewed in writing by mutual agreement of all parties hereto for an additional length of time. Item # 18 Page 5 of 16 Attachment number 1 Page 6 of 16 IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals as the day and year first above written. PINELLAS COUNTY, by and through its County Administrator: By: Fred E. Marquis Interim County Administrator Witness: APPROVED AS TO FORM: By: Office of County Attorney Item # 18 Page 6 of 16 Attachment number 1 Page 7 of 16 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY/TOWN OF ### City/Town of ### By: City Mayor By: City Manager Attest: City Clerk Item # 18 Page 7 of 16 Attachment number 1 Page 8 of 16 EXHIBIT A PINELLAS COUNTY AMBIENT WATER QUALITY MONITORING PROGRAM IN COMPLIANCE WITH MS4 NPDES PERMIT FLS000005 The Pinellas County Department of Environmental Management (PCDEM) has conducted surface water quality monitoring since 1991. The 1991-2002 monitoring program was designed to collect monthly surface water quality data at a series of fixed stations in County streams, creeks, lakes and marine waters. Beyond fulfilling the monitoring requirements of NPDES permit FLS000005, this monitoring effort provided important water quality data to support Pinellas County watershed planning initiatives, the Pinellas County Comprehensive Plan, and the Tampa Bay Estuary Program (TBEP) Comprehensive and Conservation Management Plan (CCMP). In early 2002, county staff recognized the need to assess receiving waterbody water quality with a known level of confidence while minimizing sampling bias. In response to the need to improve the monitoring program and growing NPDES and Florida Department of Environmental Protection (FDEP) Total Maximum Daily Load (TMDL) program requirements, Pinellas County and its co- permittees entered into an Interlocal Agreement to re-design and share the costs of the Ambient Water Quality Monitoring Program. The new program was designed to provide statistically valid and defensible results and to fill gaps in the geographic coverage sampled by the 1991-2002 monitoring program. A. What is the monitoring program intended to accomplish? The revised monitoring program is a three-tiered monitoring approach aimed to: ¦ Assess status and trends in water quality of fresh and marine open waterbodies; ¦ Determine annual and seasonal pollutant loadings delivered from County sub-basins; and ¦ Determine the effectiveness of water quality Best Management Practices (BMPs) implemented in the County. The three program components are summarized below. 1. Probabilistic monitoring design for open waterbodies The first tier of the monitoring program focuses on Pinellas County coastal waters, Lake Seminole, and Lake Tarpon (Figure 1). The monitoring program is a probabilistic design that employs an EMAP-based design element and a stratified random design element. The probabilistic element allows for the calculation of estimates and confidence limits of the total surface area for various water quality conditions within each geographic reporting unit or stratum. The stratified random element allows for the calculation of mean annual estimates of population means and confidence limits. The strengths of this monitoring program are supported by the data analysis and reporting that can be achieved including: Water quality status and trends calculations; Identification and prioritization of receiving waters not meeting designated uses; and Statistical water quality comparisons among geographical reporting units or strata. Item # 18 Page 8 of 16 Attachment number 1 Page 9 of 16 Figure 1. Pinellas County Water Quality Monitoring Program Open Water Segments Item # 18 Page 9 of 16 Attachment number 1 Page 10 of 16 Fixed site monitoring program The second tier of the Pinellas County Ambient Water Quality Monitoring Program includes a series of fixed stream and creek sites located in each basin within the permit coverage area (Figure 2). Sites where water quality samples and flow measurements are taken are located upstream of tidal influences to better characterize stream and creek water quality resulting exclusively from freshwater runoff and to allow for receiving waterbody pollutant loading estimates. Water quality (not flow) is sampled for a few additional sites that are located in marine portions of streams, creeks, or channels. These data are being used to generate baseline countywide loading estimates from a wide variety of basin sizes and land uses as well as to characterize existing in-stream water quality conditions. Flexibility in the year-to-year site selections and sampling frequencies must be allowed to address refinements to sampling objectives and changing federal and state regulatory priorities. In subsequent years it is anticipated that the fixed site monitoring effort will focus on a subset of county basins that comprise a relatively large proportion of the total pollutant loadings generated countywide by stormwater runoff. Sampling focus and intensity may also shift to basins discharging to "Impaired Waters" as identified in the TMDL process. 2. Basin and land use specific Event Mean Concentration (EMC) development and BMP evaluations. In tier three of the monitoring program, Pinellas County is conducting EMC and BMP evaluations at specific sites throughout the County. Monitoring is conducted manually or by using automated sampling systems comprised of refrigerated auto samplers, multi-probe water quality meters, rain gages, and flow sensors. Examples of ongoing evaluations include EMC development in the Cross Bayou watershed and BMP evaluations in the Lake Seminole watershed. Item # 18 Page 10 of 16 Attachment number 1 Page 11 of 16 0 ir Em Figure 2. Pinellas County Water Quality Monitoring Program Fixed Site Locations. Item # 18 Page 11 of 16 Attachment number 1 Page 12 of 16 B. When and how is monitoring conducted? 1. Frequency of monitoring Monitoring is conducted at four random sites in each open water segment and at all fixed sites approximately every six weeks in the wet season and every seven weeks in the dry season or eight times per year. 2. Type of sampling (water column, biology or sediment) Surface water sampling as specified in DEP-SOP FS 2100 occurs at each site. Sites in the Tampa Bay strata (E1-E7) were only sampled at water depths less than or equal to the 2-meter mean lower low water isobath through 2007. 3. Parameters monitored at each station Please note: the parameters listed below are currently being monitored; however, the list of specific metrics analyzed may vary to some degree year-to-year as funding levels change and specific programs objectives are revised. For all monitoring sites: PH Water Temperature • Specific Conductance/Salinity Dissolved Oxygen • Chlorophyll-a, b, c and phaeophytin Ammonia Nitrate-Nitrite Total Kjeldahl Nitrogen Total Nitrogen (TN) Total Phosphorous (TP) • Orthophosphate Turbidity Total Suspended Solids (TSS) • Color (Lake Seminole, Lake Tarpon, Alligator Lake, and Lake Chautauqua only) For streams, creeks and lakes only: Fecal Coliform Enterococci Biological Oxygen Demand (BOD5) Aluminum (Lake Seminole and bypass canal only) For fixed sites only: Flow For open water sites only: • Secchi disk depth Photosythetically Active Radiation (PAR) Transmissivity Item # 18 Page 12 of 16 Attachment number 1 Page 13 of 16 Water quality parameters were selected to balance County, TBEP, Southwest Florida Water Management District (SWFWMD), and state goals and objectives for water quality monitoring. For example, Chlorophyll was selected as an indicator of phytoplankton biomass and to assess achievement of segment specific chlorophyll targets set by the TBEP for Tampa Bay. In addition, the state uses a Chlorophyll reference level in their Total Maximum Daily Load (TMDL) assessment program. TN, TP, and TSS were selected as indicators for water quality in part because TN and TP are used to determine trophic status of lakes and TSS has a direct impact on water clarity. External loadings of these constituents to Tampa Bay are periodically tracked by TBEP as part of the CCMP. Water column light attenuation or water clarity is measured using a Secchi disc, a light meter to determine PAR, and a transmissometer. The amount of surface light reaching the bay bottom is of critical importance and is directly related to the health of seagrasses and other submerged aquatic vegetation. Bacteriological monitoring serves as indicators of pathogens at freshwater sites and for water quality assessments in the TMDL program. The addition of BOD5 is necessary for meeting TMDL requirements. For EMC evaluations: • Specific Conductance/Salinity pH Temperature Dissolved Oxygen Total Dissolved Solids Total Suspended Solids Biochemical Oxygen Demand • Chemical Oxygen Demand • Oil & Grease Nitrate + Nitrite (NOX) Ammonia Total Kjeldahl Nitrogen (TKN) • Soluble TKN Total Phosphorous • Orthophosphate Fecal Coliform • Cadmium • Chromium • Copper Lead Zinc Hardness For BMP evaluations: • Specific Conductance/Salinity pH Temperature Dissolved Oxygen Total Dissolved Solids Total Suspended Solids NOX Ammonia TKN Total Phosphorous • Orthophosphate • Cadmium • Chromium • Copper Lead Zinc Fecal coliforms Note: For EMC and BMP evaluations, parameters selected vary according to land use assessed and specific objectives of each BMP evaluation. C. Where are monitoring stations located? Please refer to figures 1 and 2 for open water monitoring segments and fixed sites. As part of the probabilistic design for monitoring water quality in county open water bodies, current funding levels allow for 32 new random sampling locations to be sampled per segment each year. For stream sites, as stated in section A, baseline loading estimates will be calculated to determine Item # 18 Page 13 of 16 Attachment number 1 Page 14 of 16 which basins contribute the greatest proportion of pollutant loads to county receiving waters. A reduced number of fixed sites may be monitored in subsequent years to focus efforts on basins delivering the greatest loads or on basins discharging to "Impaired" waters. D. Quality Assurance Pinellas County Environmental Management, Water Resources Management section staff conduct all sampling activities in accordance with the applicable FDEP SOPs found in F.A.C. Chapter 62-160. The FDEP Bureau of Laboratory staff audited the section's performance and the section has met all FDEP requirements for monitoring and reporting. E. Estimates of Pollutant Loadings In year three of the permit, as required in Part V. A., seasonal pollutant loads and EMCs will be calculated for each major drainage basin using a combination of referenced sources and data collected as specified in tier three of the County's monitoring program. F. Reporting Pinellas County Environmental Management plans to report as follows: Annual Reporting: • Data summaries including mean, median, minimum, maximum, and standard error values for open water segments and stream sites in narrative, tabular, and graphical formats; • Cumulative Distribution Frequency (CDF) plots relating a quantitative water quality condition or value (e.g., chlorophyll-a <_11 ug/1) with a percentage of area within a segment (e.g., 82% of Boca Ciega Bay); • Estimates of the percent of impaired waters within each open water segment; • Comparisons of water quality in eastern segments versus western segments and lake comparisons; and • Creek and stream loading estimates. Every other year: In addition to above, wet versus dry season comparisons. Every Five years: In addition to above, spatial and temporal trends are assessed. Item # 18 Page 14 of 16 Attachment number 1 Page 15 of 16 EXHIBIT B MONITORING FEES BREAKDOWN BASED ON ACREAGE Acreage figures provided by Pinellas County Planning Dept. (February 2008) Acreage as of February 2008 % Acreage 1 Pinellas County 61413.001 48.79% 2 Town of Belleair 1149.056 0.91% 3 City of Belleair Beach 250.073 0.20% 4 City of Belleair Bluffs 224.419 0.18% 5 City of Clearwater 13926.821 11.06% 6 City of Dunedin 8845.336 7.03% 7 City of Gulfport 1609.563 1.28% 8 City of Indian Rocks Beach 399.832 0.32% 9 Town of Kenneth City 361.08 0.29% 10 City of Largo 9740.162 7.74% 11 City of Madeira Beach 444.683 0.35% 12 Town of North Redington Beach 127.702 0.10% 13 City of Oldsmar 5094.951 4.05% 14 City of Pinellas Park 8737.248 6.94% 15 Town of Redington Beach 155.924 0.12% 16 Town of Redington Shores 158.094 0.13% 17 City of Safety Harbor 2735.375 2.17% 18 City of St. Pete Beach 1088.094 0.86% 19 City of Seminole 2929.731 2.33% 20 City of South Pasadena 569.73 0.45% 21 City of Tarpon Springs 5164.295 4.10% 22 City of Treasure Island 754.817 0.60% TOTALS 125879.99 100.00% Item # 18 Page 15 of 16 Attachment number 1 Page 16 of 16 EXHIBIT C DESCRIPTION OF COSTS 1. OPERATING SUPPLIES Operating expenses will include individual items and services exclusively related to the monitoring program. This includes, but is not limited to, sample bottles, sample preservatives, acids for cleaning bottles and glassware, chemical standards and filtration supplies. With each invoice a detailed list of all items purchased for the monitoring program will be provided along with labor and laboratory analysis costs. 2. ANNUAL PRICE INCREASES Based on program costs over previous years, the COUNTY anticipates that annual program cost may increase an average of 5% from year to year due to cost increases in salaries, supply costs, and laboratory charges. In any given year, due to circumstances beyond the COUNTY's control, some cost increases may exceed 5% (e.g. laboratory costs), and thus the overall program cost increase may exceed 5%. The CO-PERMITTEES and COUNTY shall each pay for the total annual cost of the program for each year of this agreement on a pro-rata basis in accordance with those figures set forth in Exhibit B. Item # 18 Page 16 of 16 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/15/2008 Approve a contract to Thompson Well anad Pump, Inc. of DeLand, Florida, for the construction of 13 wells including aquifer testing of 3 wells for Reservoir 2 - RO Plant Project (06-0055-UT) in the amount of $790,526.31, which is the lowest responsible bid in accordance with specifications and authorize the appropriate officials to execute same. (consent) SUMMARY: Parsons Water and Infrastructure Inc. (EOR) completed the Water Supply Master Plan (WMP) in October 2004 for improving the cost- effectiveness of the water services provided by the City. Recommended improvements were those that enabled the City to locally produce potable water at a cost less than the purchase price per unit volume from Pinellas County. There were three water supply projects that were identified and described in the WMP. These projects were: (1) the Well Field Expansion Project for Reservoirs 1 and 3; (2) an addition of an RO treatment plant to Reservoir 2; and (3) the expansion of existing RO plant at Reservoir 1. The Reservoir 2 Reverse Osmosis Plant Project was divided into the following four (4) phases: Phase Fiscal Years (FY) Tasks 1 2006 / 2007 Production and Monitoring Well Investigation 2 2007 / 2009 Preliminary Engineering Services 3 2009 / 2010 Design Services 4 2011/2012 Construction Management Services The work for this project is under Phase 1, which involved investigating and locating where to place 3 test production wells. Items considered were hydrogeology, proximity to other existing Water Use Permits (WUPs), abandoned City wells, environmental factors, existing wells and infrastructure, and land use. Preference at each test production well site was given to City-owned land that could accommodate a monitor well cluster (3 wells) within 1,000 feet from one (1) test production well. It is anticipated that the three test production wells will become permitted production wells and the monitoring well clusters around the test production wells will be retained for water quality compliance monitoring. This project involves furnishing all materials, labor, equipment, tools, services and incidentals to complete: the construction one (1) monitoring well cluster (3 wells) each at Kapok Park, McMullen Tennis Complex, and Ed Wright Park; the construction and testing of one (1) production well each at Kapok Park, McMullen Tennis Complex and Ed Wright Park; and the construction of one (1) temporary Surficial Aquifer System (SAS) monitoring well at Kapok Park. The City of Clearwater Public Utilities Department will own, operate and maintain the proposed wells once construction is completed. The estimated time period for construction is 210 calendar days to start in October 2008 and finish in May 2009. Resolution 07-28 was passed on November 1, 2007, establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in the project list associated with Resolution 07-28. Sufficient budget for interim financing or funding with 2009 Water and Sewer Revenue Bond proceeds when issued is available in projects 0376-96767, Reverse Osmosis Plant at Reservoir 2, in the amount of $790,526.31 for this contract. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $790,526.31 Not to Exceed: $790,526.31 For Fiscal Year: 2007 to 2008 Budget Adjustment: None Annual Operating Cost: Total Cost: $790,526.31 Cover Memo Item # 19 Appropriation Code Amount Appropriation Comment 0376-96767-563800-533- $790,526.31 See Summary 000-0000 Bid Required?: Yes Bid Number: Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 1 41 it I I. I. r =" i r ? s Item # 19 Pi" 0 Poo pqp E?Wwdpwdueioniuiff rww1rawomm A I plawd won MMM NOW" Item # 19 - a WNW ME i OW&AMMMUMMUMUMEM Item # 19 I ti 00% VMWAIN Item # 19 0 Nam - _ ._ M MCI k kkk - 0"Wvoft ft Mw@M MW Makak* A. Attachment number 5 Page 1 of 6 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we THOMPSON WELL AND PUMP, INC. Contractor and DEVELOPERS SURETY AND INDEMNITY COMPANY (Surety) whose home address is P. O. BOX 19725, IRVINE, CALIFORNIA 92623 HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of. SEVEN HUNDRED NINETY THOUSAND, FIVE HUNDRED TWENTY-SIX DOLLARS AND THIRTY ONE CENTS ($790,526.31) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the day of , 2008, entered into between the Contractor and the City of Clearwater for: RESERVOIR NO. 2 TEST PRODUCTION AND MONITOR WELL PROJECT (06-0055-UT) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. CONTRACT BOND Page 1 Item # 19 Attachment number 5 Page 2 of 6 (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of 2008 . THOMPSON WELL AND PUMP, INC. CONTRACTOR ATTEST: WITNESS: COUNTERSIGNED: By: SURETY ATTORNEY-IN-FACT By: Page 2 Item # 19 Attachment number 5 Page 3 of 6 CONTRACT This CONTRACT made and entered into this day of , 2008 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and THOMPSON WELL AND PUMP, INC. of the City of DELAND, County of VOLUSIA and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: RESERVOIR NO. 2 TEST PRODUCTION AND MONITOR WELL PROJECT (06-0055-UT) IN THE AMOUNT OF SEVEN HUNDRED NINETY THOUSAND FIVE HUNDRED TWENTY SIX DOLLARS AND THIRTY ONE CENTS ($790,526.31). In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the city. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 3 Item # 19 Attachment number 5 Page 4 of 6 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Page 4 Item # 19 Attachment number 5 Page 5 of 6 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: (Seal) William B. Horne, II City Manager Attest: Countersigned: Cynthia E. Goudeau, City Clerk By: Approved as to form Frank Hibbard, Mayor-Councilmember Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) By: (SEAL) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Page 5 Item # 19 Attachment number 5 Page 6 of 6 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF COUNTY OF On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, , who after being duly sworn, deposes and says: That he is the (TITLE) of THOMPSON WELL AND PUMP INC. a Florida Corporation, with its principal place of business located at 700A WEST NEW YORK AVENUE, DELAND, FLORIDA 32720 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of 2008, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: RESERVOIR NO. 2 TEST PRODUCTION AND MONITOR WELL PROJECT (06-0055-UT) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me THOMPSON WELL AND PUMP INC. AFFIANT This day of , 2008. BY: NOTARY PUBLIC My Commission Expires: PRESIDENT Page 6 Item # 19 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/15/2008 Accept a 242 square foot Drainage & Utilities Easement conveyed by Nicholas J. Southard and Betty A. Southard, over, under and across a portion of Lot 16, FAIR OAKS SUBDIVISION FIRST ADDITION, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: Pinellas County is finalizing plans for its proposed Allen's Creek Erosion Control Project for Allen's Creek from Beverly Lane to Magnolia Drive. The project will re-channel the creek into its historic alignment, construct two sheet pile dams to control flow, and stabilize the creek banks with gabion walls. The project covers a linear distance of approximately 1632 feet and extends through portions of incorporated Clearwater and unincorporated Pinellas County. The City and County are acquiring sufficient authority in the form of perpetual easement or temporary "rights of entry" from impacted property owners for the proposed project. . Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 20 a Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 Parcel I. D. No. 13-29-15-26982-000-0161 DRAINAGE & UTILITY EASEMENT Attachment number 1 Page 1 of 3 FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, NICHOLAS J. SOUTHARD, a married man, and BETTY A. SOUTHARD, a single woman ("Grantor") do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A DRAINAGE AND UTILITIES EASEMENT as legally described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. Containing 242 sq. ft. or 0.006 acres, more or less ("easement premises") This easement is for drainage and utility installation and maintenance in accordance with plans and specification of Pinellas County project SFN 1391 - ALLEN'S CREEK EROSION CONTROL FROM BEVERLY CIRCLE TO MAGNOLIA DRIVE - P.I.D. #836. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises in cooperation with Pinellas County to construct, install and subsequently maintain therein stormwater drainage improvements and facilities and to inspect and alter such stormwater improvements and facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain reasonable access to Grantor's appurtenant property at all times during the exercise of rights granted herein, and that it shall promptly restore the easement premises upon completion of any project undertaken in the exercise of these rights. It is expressly understood that Grantor reserves all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described easement premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. U:\Easements\ALLEN'S CRK (SOUTHARD) D & U EAS 0608.doc Item # 20 Attachment number 1 Page 2 of 3 Page 2 - Drainage & Utility Easement Grantor: Southard Grantee: City of Clearwater RE: 13-29-15-26982-000-0161 IN WITNESS WHE OF, the undersigned grantor has caused these presents to be duly executed this ? day of '2008. 6/1 Signed, sealed and delivered in the presence of: v e"w ,,-- ":' --t? 0'?t U W.ITUESXsigature Kk us E.9, E Print tness Name WV4ESS Ig r Zz- K woe§?/' Print Witness Name STATE OF FLORIDA COUNTY OF PINELLAS ss Ni las J. Southard /),-Z- Q. h2?6(" B tty A. Southard Before me, the undersigned authority, personally appeared Nicholas J. Southard, a married man, who executed the foregoing instrument, and who acknowledged the execution thereof to be his f ee act and deed for the use and pur oses there; set forth, and who [ ] are personally known to me, or [PI who did provide /pGo ptm*-4e Z/CaAdi as identification. Notary Public - State of Florida Type/Print Name STATE OF FLORIDA COUNTY OF PINELLAS My commission expires: ss EARL W. BARRETr * My (X)MMIS o # DD 759181 * EXPIRES: May 26, 2012 1'?,?0F Baled TMu Budge Notary Senkes Before me, the undersigned authority, personally appeared Betty A. Southard, a single woman, who executed the foregoing instrument, and who acknowledged the execution thereof to be her free act and deed for the use and pur oses therein set forth, and who [ ] are personally known to me, or who did provide /Xz"y? 'Aavuei r 61 6? as identification. Notary Public - State of Florida Type/Print Name My commission expires: EARL W. BARRE7T * * My COMMISSION # DD 759181 EXPIRES: May 26, 2012 ' 4%,:y Bonded Tin eudpet Notary S&*N U:\Easements\ALLEN'S CRK (SOUTHARD) D & U EAS 0608.doc Item # 20 Attachment number 1 Page 3 of 3 PINELLAS COUNTY PUBLIC WORKS DIVISION OF SURVEY AND MAPPING 22211 U,S. HIGHWAY 19 N. CLEARWATER, FLORIDA 33765-2347 PI dii SECTION(S) 13, TOWNSHIP 29 SOUTH, RANGE 15 EAST cow Additions or defetions by other than the professional Lond Surveyor in responsible charge is proribited. - 7 Land Oatription is irwo6e without signdture end/or embossed seal of the Professional Land Surveyor PUBLIC WORKS DESCRIPTION An 'irregular shaped tract, being a portion of Lot 16, FAIR OAKS SUBDIVISION FIRST ADDITION, according to the plat thereof, as recorded in Plot Book 44, Page 56, public records of Pinellas County, Florida, in the Southwest 1/4 of Section 13, Township 29 South, Range 15 East, Pinellas County. Florida, being described as follows: COMMENCE at the Northeast corner of Lot 6, Block G, OAK LAKE ESTATES Subdivision, according to the plot thereof, as recorded in Plot Book 45. Page 13, public records of Pinellas County, Florida, run S 89' 15'28"E along the easterly prolongation of the North line of said Lot 6, far a distance of 0.88 feet to the POINT OF BEGINNING; thence continue S 89'15'28"E along said easterly prolongation, for a distance of 10.28 feet to the West line of a utility dr drainage easement for Allen's Creek; thence S 14'04'26"W along said West line of a utility & drainage easement, for a distance of 44.94 feet to the West line of aforesaid Lot 16, also being the East line of aforesaid Lot 6; thence N 00'17'31"W along said West line, for a distance of 40.30 feet; thence N 14'04'26"E, for a distance of 3.53 feet to the POINT OF BEGINNING. CONTAINING: 242 square feet or 0.006 acres more or less. BASIS OF BEARIINGS: Bearings indicated are on on assumed meridion based on the North line of Lot 6, Block G, OAK LAKE ESTATES Subdivision, according to the plat thereof, as recorded in Plot Book 45, Page 13, public records of Pinellas County, Florida, public records of Pinellas County. Florida, in the Southwest 1/4 of Section 13, Township 29 South, Range 15 East, Pinellas County, Florida, being S 89'15'28"E. 1 1 ! J ' 1 SKETCH--NOT A SURVEY SCALE IN FEET JI r J! 1 "- 40' LINE LENGTH BEARING 0? 40 ?? z Jl , I L3 44.94 S 1a I z l l ' o J POINT OF COMMENCEMENT J POINT OF NE CORNER LOT 6 L1 / BEGINNING ! a .r FAIR OAKS SUBDIVISION FIRST OAK LAKE ESTATES 2 ar ADDITION PLAT BOOK 45, PAGES 13-14 rx'(? 1 PLAT BOOK 44, PAGE 56 LOT 6, BLOCK G LOT 16 0 J ?111J l -.J 3 POO6 CALCULATED By" The above Sketch and/or Land description was prepared under my supervision and is true and •" Ht`O correct to the f my knowledge and belief. CHECKED BY: ey: in unty Public Works p' A CH DATE S.F.M.: 39 WARD F. OTTS, LAND SURVEYOR CERTIFICATE NUMBER: 63133 SEAL STATE OF FLORIDA, PHONE 727 464--8904 LXHIBIT SHEET 1 OF 1 LINE TABLE L1 0.88 589'15'28"E L2 10.28 S89' 15'28"E '04'26 "W L4 40.30 N00.1 7'31 L5 3.53 N14'04'26E Parcel No.: P006 Item # 20 Attachment number 2 Page 1 of 1 801 v IU UKU RD 1809 14 'U0 800 D 1828 0 Uj _ 1845 801 800 860 1915 1941 1 ,1, -.. 806 ...._ ..._ 09 au i W 04 801 8 7 . 801 - ..._804 SOn' 805 Sfl4.. ? 00 ... 810 A 18281$340l ; = 809 808. ..._ r ........ 0 809 ............ '1ti 869- 80$ , r1; c05 804 N 014 V ON = ST SAS..... --81 2 ._$OB 361 ......... .,. 813 x,12 ,1. . 1,;15 1:.,,1 1,145 930 808 1127 $17...... ....816 81 ? 1 ......._ 501 -900 901 0'!1 4: a 901 ,.?. 908 821....... .....826 821 810), ? ........ ......... .n:5, .9(14; 90., :20 ......... ......824 ... ......... 903 ,u:19.. ,?SY 1142 1X0 ......... ..... /r. .... 1870 1880 ..... ... 1918 19;10 r' .... 1940 0Y 1962 1944 19,0 " 1:03 -I 311 1:'20 ?, 11 :,47 Z, i 001 .. W=` DR 1911 0 LI ._ .....• .. a 15 ... 1931 1001 1925 Q 000 951 45 1 -,-, L, 191311 1 G?., I, ; Z 1005 1000 004 _ 0 1000 / \ 1000 005 4004 < -1-005 W 1004 V J _, , W 1004 0 1004 ? = 1010 1011 1010 03 1669 loos -- 1008 1801940 1924 1010 1015 1010 I, i . 1u44 1950 11 1711 - ? 1012 RIPON 1915 1923 U ID39 1943 194- 5 1013 1927 1931 11935 " 1 11x;0 L;41; I I M i:w 1100 1101 19?' OAK It ? LAKE 1 ? DR 1104 ; In21 I:,? 1L1 1c:7% 1411 1,,,, 1i 1,.2s 110 ,= 1916 JE?TORDS h94u 1944 1948 1954 1958 1155 ` t 1923 1927 1931 1935 1201 I_J5 1943 1947 1951 16,57 1306 131° 1,313 1: ?1 1 3,,0 L;J6 L 13-: 1314 1 56 r 12067 . 130: 131,, 1319 1, ?0 1:;J1 R 1`'JS 120,1 1205 Id11 1212 1920 1926 1930 1932 1942 1950 1956 1960 966 EASEMENT 21: 225 ; REBEOOA 1941 947 DR - 1921 1927 I331 14137 1953 ,959 1963 369 101312 1313 1:;24 1t„' I: ;6 1,11340 ....1224 130- 131,, 111,? 132., 13,,1 1:,,,i LA 1240 ""-- 12,,J 1920 1926 1932) 1538 1944 1950 1956 1,30 1966 1972 1378 12:;6 SANDRA 1945 1 . D? 1242 1243 1921 1927 1933 1939 957 1951 1,63 1969 1975 1606 1012 1,13 11 ? It' ,,0 1336 I, 60 1:36 1248 BEVERLY 1 R37..........; C I R N' -3 1,114 1,20 1926 1932 1938 1944 1950 1956 1:960 1866 1972 . 1243 1246 . SEVER I. 15 9 . C ! 1941 1921 1927 1931 1 49 1957 1961 1967 Prepared by: Engineering Department Geographic Technology Division SOUTHARD DRAINAGE & UTILITY EASEMENT N W- E S 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwateccom Map Gen By: SF Reviewed By: EB Date: 8/7/2008 Grid #: 298A e S-T-R: 13-29s-15e m # X20 Sca e: 1 "=300' Ivlap uocumenr.: (v:??1o?clv?uvccr<uv????i,H11UIwvwro.mxe) 817/2008 -- 9:00 AM Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/15/2008 Approve a Future Land Use Plan Amendment from the Residential Medium (RM) Category to the Recreation/Open Space (R/OS) Category, and a Zoning Atlas Amendment from the Business (B) District to the Open Space/Recreation (OS/R) and Preservation (P) Districts for property located at 1551 Gulf Boulevard (consisting of a portion of Section 19, Township 29 South, Range 15 East in Metes and Bounds 43/01); and Pass Ordinances 7973-08 and 7974-08 on first reading. (LUZ2008-05002) SUMMARY: This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 4.01 acres in area located on the east side of Gulf Boulevard, approximately 200 feet north of Marina del Ray Court. This property has FLUP classifications of Residential Medium (RM) and Preservation (P) and a zoning designation of Business (B). The applicant is requesting to amend the FLUP designations of the site to the Recreation/Open Space (R/OS) and Preservation (P) classifications and to rezone the property to the Open Space/Recreation (OS/R) and Preservation (P) Districts. The Planning Department determined that the proposed future land use plan amendment and rezoning amendment, as recommended, are consistent with the following standards specified in the Community Development Code: • The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. • The proposed use is compatible with the surrounding area. • Sufficient public facilities are available to serve the property. • The applications will not have an adverse impact on the natural environment. Please refer to the land use plan amendment and rezoning (LUZ2008-05002) staff report for the complete analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment and review and approval by the Florida Department of Community Affairs is not required. The Community Development Board will review these applications at its public hearing on September 16, 2008. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 21 Attachment number 1 Page 1 of 8 CDB Meeting Date Case Number: Applicant: Address: Agenda Item: September 16, 2008 LUZ2008-05002 City of Clearwater 1551 Gulf Boulevard D4 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER APPLICANT: REPRESENTATIVE: City of Clearwater City of Clearwater Michael Delk, Community Development Coordinator LOCATION: Approximately 4.01 acres located on the east side of Gulf Boulevard approximately 200 feet north of Marina Del Rey Court REQUEST: SITE INFORMATION (a) Future Land Use Plan amendment from the Residential Medium (RM) Classification to the Recreation/Open Space (R/OS) Classification; and (b) Rezoning from the Business (B) District to the Open Space/Recreation (OS/R) and Preservation (P) Districts. PROPERTY SIZE: 174,676 square feet or 4.01 acres PROPERTY USE: Current Use: City Park Proposed Use: City Park DIMENSIONS: Irregular Community Development Board - September 16, 2008 LUZ2008-05002 - Page I of 8 Item # 21 Attachment number 1 Page 2 of 8 PLAN CATEGORY: Current Category: Residential Medium (RM) and Preservation (P) Proposed Category: Recreation/Open Space (R/OS) and Preservation (P) ZONING DISTRICT: Current District: Business (B) Proposed District: Open Space/Recreation (OS/R) and Preservation (P) EXISTING SURROUNDING USES: North South East: West: Multifamily residential (attached dwellings) Multifamily residential (attached dwellings) Intercoastal Waterway Multifamily residential (attached dwellings) ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 4.01 acres in area and is known as Bay Park on Sand Key. It is located on the east side of Gulf Boulevard, approximately 200 feet north of Marina Del Rey Court. This property has future land use plan classifications of Residential Medium (RM) and Preservation (P) and a zoning designation of Business (B). The City is requesting to amend the future land use plan designation of the portion of the site designated Residential Medium (RM) (2.47 acres) to the Recreation/Open Space (R/OS) classification. It is also requesting to rezone the remaining 1.54 acres of the site to the Preservation (P) District to correspond with the existing underlying Preservation (P) future land use plan category boundaries. This property, along with several others on Sand Key, was the subject of a lawsuit filed against the City of Clearwater by the United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (Case No. 78-4765-7) in the Circuit Court for Pinellas County) after the City dissolved the B District in 1972. The resulting Settlement Stipulation has governed allowable uses and development potential on the properties; however, the property has been designated as B on the zoning atlas. The Settlement Stipulation identified the subject site as a portion of Parcel I. The property adjacent to the north, the South Bay Condominiums (1501 Gulf Boulevard) comprised the remainder of Parcel I (see Case REZ2008-05005). Section 10 of the Stipulation specified that an additional 80 residential dwelling units could be developed on the Parcel I, or a total of 144 residential dwelling units. The Settlement Stipulation expired on October 17, 2006 and at that time the City became free to regulate the use of all properties involved in the lawsuit. The City is currently proposing to assign valid zoning designations to all four parcels governed by the Stipulation as the B District is not a specific zoning district identified in the Future Land Use Element of the Comprehensive Plan or in the Community Development Code. Community Development Board - September 16, 2008 LUZ2008-05002 - Page 2 of 8 Item # 21 Attachment number 1 Page 3 of 8 Pursuant to Chapter 163 of Florida Statutes, the City must bring consistency between the future land use plan and zoning atlas. In accordance with the Countywide Plan Rules, the future land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel and the proposed future land use plan classification, review and approval by the Florida Department of Community Affairs is not required. L CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4- 602.F.1] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.2.1 Policy - Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR - floor area ratio; ISR - impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. 27 Goal - The develop a system of open spaces, parks and recreation facilities which are designed for the maximum satisfaction of the recreational needs of Clearwater's residents and tourists. 27.4 Objective - Preserve natural open space areas which constitute aesthetic and/or ecological community assets. 27.4.3 Policy - Continue to designate appropriate land "Preservation" and "Recreation/Open Space" in the Future Land Use Plan whenever feasible. Recommended Conclusions of Law The proposed land use plan designation of Recreation/Open Space (R/OS) reflects the current use of the property and provides more protection for the park than the existing designation of Residential Medium (RM), which allows for residential development at 15 units per acre. The Recreation/Open Space (R/OS) designation furthers the City's policy of continuing to designate land for recreation/open space uses. The proposed plan amendment is therefore not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. Community Development Board - September 16, 2008 LUZ2008-05002 - Page 3 of 8 Item # 21 Attachment number 1 Page 4 of 8 II. CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact The purpose of the proposed Recreation/Open Space (R/OS) category, as specified in Section 2.3.3.7.2 of the Countywide Rules, is to depict those areas of the County that are now used, or appropriate to be used, for open space and/or recreational purposes; and to recognize the significance of providing open space and recreational areas as part of the overall land use plan. The Recreation/Open Space (R/OS) category is generally appropriate to those public and private open spaces and recreational facilities dispersed throughout the County; and in recognition of the natural and man-made conditions which contribute to the active and passive open space character and recreation use of such locations. The property's prime waterfront location provides the public with access to man-made and natural amenities that provide active and passive recreational opportunities to the public. Recommended Conclusions of Law The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan; therefore, the proposed amendment is consistent with the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact Sand Key is a barrier island developed with a variety of residential and overnight accommodation uses. Large lush landscaped properties, high-rise condominiums towers, townhouses and resort hotels characterize this area of the City. A large County park is located on the northerly tip of the island, which provides a significant open space and public beach. Sand Key is generally characterized by four future land use plan categories. They include Resort Facilities High (RFH), Residential High (RH), Residential Medium (RM) and Recreation/Open Space (R/OS). The corresponding zoning districts are Tourist (T), High Density Residential (HDR), Medium Density Residential (MDR) and Open Community Development Board - September 16, 2008 LUZ2008-05002 - Page 4 of 8 Item # 21 Attachment number 1 Page 5 of 8 Space/Recreation (OS/R). The subject site is surrounded to the north, south and west by attached dwellings and planned for medium and high residential. Recommended Conclusions of Law The proposed future land use plan and zoning designations are in character with the overall future land use plan and zoning designations found in the area. They are compatible with surrounding uses and complimentary with the character of the immediate surrounding area and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact As stated earlier, the overall subject site is approximately 4.01 acres in area and is occupied by a City park. The purpose of the proposed application is to protect and maintain the park and reflect its intended long-term use. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed future land use plan categories and are included in the following table. NIAXINI[fNI POTENTIAL TRAFFIC' Gulf Boulevard: Belleair Causeway to Current Existing Proposed Net New Gulfview Boulevard Situation Plan) Plane Trips Maximum Daily Added Potential Trips N/A 237 10 -227 Maximum PM Peak Hour Added Potential N/A 30 1 -29 Tri ps3 Volume of Gulf Boulevard from Belleair 12,214 12,214 11,987 -227 Causeway to Gulfview Boulevard LOS of Gulf Boulevard from Belleair A A A A Causeway to Gulfview Boulevard N/A = Not Applicable LOS = Level-of-Service 1 = Based on PPC calculations of 96 trips per acre per day for the Residential Medium Future Land Use Category and 0.3 trips per day per acre for Preservation Future Land Use Category. 2 = Based on PPC calculations of 4 trips per acre per day for the Recreation Open Space Future Land Use Category and 0.3 trips per day for the Preservation Future Land Use Category. 3 = City Calculation of 12.5% Source: "The Rules" of'the Countywide Future Land Use Plan Based on the 2007 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Gulf Boulevard from the Belleair Causeway to South Gulfview Boulevard has a LOS of A. The PM Peak trips generated by the proposed amendment would be substantially less than the trips generated by the current plan category. However, since the property is currently occupied by a park and will continue to operate as a park, there should be no change with regard to the traffic generated by the site and the current LOS will be maintained. Community Development Board - September 16, 2008 LUZ2008-05002 - Page 5 of 8 Item # 21 Attachment number 1 Page 6 of 8 Mass Transit The Citywide LOS for mass transit will not be negatively affected by the proposed future land use map amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route of the PSTA's Suncoast Beach Trolley service. Water This future land use map amendment eliminates the possibility of density on the site, as well as reduces the intensity of development permitted on the property. The only water demand associated with the park use is generated by the drinking fountain and this is not proposed to change. In the event additional water is needed in the future, there is adequate water capacity to serve the property. Wastewater This future land use map amendment eliminates the possibility of density on the site, as well as reduces the intensity of development permitted on the property. At present the site does not receive any wastewater service and that is not anticipated to change. In the event there is a need to provide service to the site in the future, there is sufficient wastewater capacity. Cnlirl Waete This future land use map amendment eliminates the possibility of density on the site, as well as reduces the intensity of development permitted on the subject property. The City has adequate solid waste capacity to serve the subject property. Recreation and Open Space The subject property is a parks and recreation use. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this plan amendment reduces the amount of potential traffic; however, since the property's use is not changing, the plan amendment will have no real impact on current traffic conditions on Gulf Boulevard. Further, there is no impact to water, wastewater, solid waste or mass transit service and open space will continue to be provided as a result of the amendment. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended of Findings of Fact The subject property is situated on Clearwater Harbor. The proposed land use plan amendment will recognize the recreational use of the property. The proposed zoning atlas amendment will further protect the environmentally sensitive land (Mangrove Forest and Exotic Forest Wetland) located on the east side of the property adjacent to the waterfront. Community Development Board - September 16, 2008 LUZ2008-05002 - Page 6 of 8 Item # 21 Attachment number 1 Page 7 of 8 Recommended Conclusions of Law Based upon the findings of fact, the proposed land use plan amendment and rezoning will greatly limit the uses allowed on this property and further protect the natural habitats located on the site. The proposed amendment and rezoning will not negatively impact coastal habitats, water quality, water quantity, or threaten any endangered species. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.] Recommended Findings of Fact The location of the proposed Open Space/Recreation District (OSR) and Preservation (P) District boundaries are consistent with the proposed underlying future land use plan boundaries of the subject site. The proposed zoning is compatible with the surrounding land uses and consistent with the current use of the property. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1002 & 4-602.F.1. and .2.] Recommended Findings of Fact As indicated earlier, the subject site is 4.01 acres and is occupied by a public park. The Open Space/Recreation (OS/R) zoning district does not require a minimum lot area or lot width for parks and recreation facilities. The Preservation (P) District requires a minimum lot area of 10,000 and a lot width of 100 feet. The portion of the property proposed as Preservation (P) exceeds these minimum requirements. Recommended Conclusions of Law The proposed use of the subject site is consistent with the uses allowed in the Open Space/Recreation (OS/R) and Preservation (P) zoning districts and the site meets all applicable minimum requirements of the Code. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. SUMMARY AND RECOMMENDATIONS An amendment of the Future Land Use Plan from the Residential Medium (RM) category to the Recreation/Open Space (R/OS) category and a rezoning from the B District to the Open Space/Recreation (OS/R) and Preservation (P) Districts is requested. The subject Community Development Board - September 16, 2008 LUZ2008-05002 - Page 7 of 8 Item # 21 Attachment number 1 Page 8 of 8 site is 4.01 acres and is surrounded by residential uses to the north, south, west and the Intracoastal Waterway to the east. The proposed future land use plan amendment and rezoning is compatible with the existing surrounding area, does not require nor affect the provision of public neighborhood. is compatible with the natural environment and is consistent with the development regulations of the City. The proposed land use plan amendment and rezoning is consistent with the Countywide Plan and the City's Comprehensive Plan Based on the above analysis, the Planning Department recommends APPROVAL of the following actions and conditions on the request: ACTIONS: a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential Medium (RM) Classification to the Recreation/Open Space (R/OS) Classification; and b) Recommend APPROVAL of the rezoning from the Business (B) District to the Recreation/Open Space (R/OS) and Preservation (P) Districts. Prepared by Planning Department staff: Michael H. Reynolds, AICP, Planner III Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of Clearwater\Revised Staff Report LUZ2008-05002.2doc.doc Community Development Board - September 16, 2008 LUZ2008-05002 - Page 8 of 8 Item # 21 Attachment number 2 Page 1 of 6 PROJECT SITE c? NA DEL W 94NU KEY ESr DR C suaa Location Map Owners: City of Clearwater Case: LUZ2008-05002 Site: 1551 Gulf Boulevard Property Size (Acres): 4.01 acres Land Use Zoning PIN: 19-29-15-00000-430-0100 From : RM & P B To: R/OS & P OS/R & P Atlas Page: 311 B S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of Clearwater\Maps\Location Map.doc Item # 21 Attachment number 2 D.-9ofF MARIN A DEL REY CT Aerial Photograph Owners: City of Clearwater Case: LUZ2008-05002 Site: 1551 Gulf Boulevard Property 4 01 acres Size (Acres): . Land Use Zoning PIN: 19-29-15-00000-430-0100 From : RM & P B To: R/OS & P OS/R & P Atlas Page: 311 B S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of Clearwater\Maps\Aerial Photograph. docS:APlanning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of Clearwater\Maps\Aerial Photograph.doc Item # 21 760 age 3 6 WATER mV 9 V 390 ' s2o ?J 2s P R?93391 ` _ WATER ,ss 43/0, - R/OS 3.55 A c P _ 3392 + ' 'sue n r , J 1 2 3 4 5 6 7 8 9 10 122 1?, 14R 1b 16 N d, O W 21 22 9 a O O tp of O N N N N M M M M R R R d. R ? h h h h 7SB? 7S9 7 r- ? 36699 ? n 01 M h? 01 M h ? 01 O ?? r ? ? ? r r -N T, ^ ^ M ? ? r r ? h ? h h ^ - I 73 R n ]o ® 68 67 6l st ¢ 61 91 53 9 1 1 56 55 9 s 51 50 49 7 WAT 1 8 6 45 ,s9s L.LL Future Land Use Map Owners: City of Clearwater Case: LUZ2008-05002 Property Site: 1551 Gulf Boulevard 4 01 acres Size (Acres): . Land Use Zoning PIN: 19-29-15-00000-430-0100 From : RM & P B To: R/OS & P OS/R & P Atlas Page. 311 B r2 S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of Clearwater\Maps\Future Land Use Map.doe Item # 21 HDR Page 4 6 7,607 P -- ?V z z T 93390 7 V ,62p ?J 7,62s ? 1- 93391 7`,640 7`,6,67 OS/R P 43/91 1- -1 3.55 Ac(c 93392 7S? n r 7sej DR 1 2 3 4 5 6 7 j8j 9 10 12 p, 14 '? 16 O 21 22 27 20 7,682 709 7 IPA _ 6699 J ^ ^ 73 r3 ]i r? ? 60 67 61 s 61 ? s s g 56 55 SM1 9 s 51 50 49 7 qq 43 7 P s- ZONING MAP Owners: City of Clearwater Case: LUZ2008-05002 Property Site: 1551 Gulf Boulevard 4 01 acres Size (Acres): . Land Use Zoning PIN: 19-29-15-00000-430-0100 From : RM & P B To: R/OS & P OS/R & P Atlas Page: 311 B r2 S:APlanning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of Clearwater\Maps\ZONING MAP.doc Item # 21 age 5 6 ,so,, Multi Family mV LR"sidotial,s?o ? Multi F ily Reside ial 7SZS ? , Multi Famity 93391 Residential-` ,S4O Intracoastal Multi Family R sis?s?ntl 3.55 A° `°' Waterway 7SSO - Multi Fami - Re dent' + 2 40. 5 6 7 8 9 qpp p fp W N N N N F.M M M 1? R R P R H O N 9 It. h h h h P P P P 7SfQ 4L - 7597 _ r- ? m p O P ?? ? N N N NMM M M Metes ? a of M hI? P ? PPP P P PPPP P P P PP P? ??? 36699 73 R p m ® 68 67 6l p ¢ 61 91 s3 53 g 56 55 4 9 s 51 50 49 8 7 5 y5 7S9S Existing Surrounding Uses Map Owners: City of Clearwater Case: LUZ2008-05002 Site: 1551 Gulf Boulevard Property 4.01 acres Size (Acres): Land Use Zoning PIN: 19-29-15-00000-430-0100 From : RM & P B To: R/OS & P OS/R & P Atlas Page: 311 B r2 S:\Planning Department\C D B\Land Use Amendments\LUZ 2008\LUZ2008-05002 - 1551 Gulf Boulevard - City of Clearwater\Maps\Existing Surrounding Uses Map.doe Item # 21 Attachment number 2 Page 6 of 6 View looking southwest at the properties to the west of the View looking south along Gulf Boulevard from the subject subject property property LUZ2008-05002 City of Clearwater Item # 21 1551 Gulf Boulevard View looking northeast at the subject property, 1551 Gulf Blvd View looking southeast at the subject property View looking northeast at the property north of the subject property View looking southeast at the property to the south of the subject property Attachment number 3 Page 1 of 1 ORDINANCE NO. 7973-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF GULF BOULEVARD APPROXIMATELY 200 FEET NORTH OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 43/01, WHOSE POST OFFICE ADDRESS IS 1551 GULF BOULEVARD, FROM RESIDENTIAL MEDIUM (RM) AND PRESERVATION (P) TO RECREATION/OPEN SPACE (R/OS) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See attached legal description From: Residential Medium (RM) Preservation (P) (LUZ2008-05002) To: Recreation/Open Space (R/OS) Preservation (P) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 21 Ordinance No. 7973-08 Attachment number 4 Page 1 of 1 ORDINANCE NO. 7974-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF GULF BOULEVARD APPROXIMATELY 200 FEET NORTH OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 43/01, WHOSE POST OFFICE ADDRESS IS 1551 GULF BOULEVARD, FROM BUSINESS (B) TO OPEN SPACE/RECREATION (OS/R) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See attached legal description From: Business (B) (LUZ2008-05002) To: Open Space/Recreation (OS/R) Preservation (P) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7973-08 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 21 Ordinance No. 7974-08 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/15/2008 Approve a Zoning Atlas Amendment from Business (B) District to the High Density Residential (HDR) and Preservation (P) Districts for property located at 1170, 1180, 1200, and 1226 Gulf Boulevard (consisting of a portion of Section 17, Township 29 South, Range 15 East in Metes and Bounds 33/021 and Pass Ordinance 7976-08 on first reading.(REZ2008-05003) SUMMARY: This Zoning Atlas Amendment application involves one property of approximately 13.52 acres in area located on the northwest side of Gulf Boulevard approximately 2,270 feet south of Clearwater Pass Bridge. This property has Future Land Use Plan (FLUP) classifications of Resort Facilities High (RFH) and Preservation (P) and a zoning designation of Business (B). The City dissolved the B District in 1972. The B designation was the result of a lawsuit settlement stipulation of October 17, 1986 and expired on October 17, 2006. In effect, there is no zoning on the property and the applicant is requesting to amend the Zoning Atlas from the B designation to the High Density Residential (HDR) and Preservation (P) designations. The Planning Department determined that the proposed rezoning application is consistent with the following standards specified in the Community Development Code: • The proposed rezoning application is consistent with the Comprehensive Plan; • The proposed use is compatible with the surrounding area; • Sufficient public facilities are available to serve the property; • The applications will not have an adverse impact on the natural environment; and • The district boundaries are appropriately drawn. Please refer to the rezoning (REZ2008-05003) staff report for the complete analysis. The Community Development Board will review this application at its public hearing on September 16, 2008. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 22 Attachment number 1 Page 1 of 8 CDB Meeting Date: September 16, 2008 Case Number: REZ2008-05003 Addresses: 1170, 1180, 1200, and 1226 Gulf Boulevard Agenda Item: DD1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNERS: APPLICANT: REPRESENTATIVE: Multiple Owners City of Clearwater Michael Delk, AICP Community Development Coordinator LOCATION: Approximately 13.52 acres located on the northwest side of Gulf Boulevard approximately 2280 feet south of Clearwater Pass Bridge REQUEST: Rezoning from the Business (B) District to the High Density Residential (HDR) and Preservation (P) Districts. SITE INFORMATION PROPERTY SIZE: Total - 588,931 sq ft or 13.52 acres mol HDR area - 393,347 sq ft or 9.03 acres mol P area - 195,584 sq ft or 4.49 acres mol DIMENSIONS OF THE PROPERTY: 650 feet wide by 849 to 1,169 feet deep mol PROPERTY USES: Current Uses: Attached Dwelling. Proposed Uses: Attached Dwellings PLAN CATEGORY: Current Category: Resort Facilities High (RFH) and Preservation (P) Proposed Category: Resort Facilities High (RFH) and Preservation (P) ZONING DISTRICT: Current District: Business (B) Proposed District: High Density Residential (HDR) and Preservation (P) Community Development Board - September 16, 2008 - Case REZ2008-05003 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7193.doc Pagel of 8 Item # 22 Attachment number 1 Page 2 of 8 EXISTING SURROUNDING USES: ANALYSIS: North: Overnight Accommodations South: Attached Dwellings East: Overnight Accommodations West: Gulf of Mexico This rezoning application involves two parcels of land totaling 13.52 acres property owned by the Grande on Sand Key Condominium Association and the Meridian on Sand Key Condominium Association. The subject property is located on the northwest side of Gulf Boulevard approximately 2,280 feet south of Clearwater Pass Bridge. The properties have a Future Land Use Plan (FLUP) categories of Resort Facilities High (RFH) and Preservation (P) and have been governed by a Settlement Stipulation. The City of Clearwater is requesting to rezone the properties to the High Density Residential (HDR) and Preservation (P) Districts from the Business (B) District. The City dissolved the B District in 1972. Subsequently, a lawsuit was filed against the City of Clearwater by United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (case no. 78-4765-7)) in the Circuit Court for Pinellas County. The resulting Settlement Stipulation restored the dissolved B District for the subject properties and three other locations on Sand Key for a period of twenty years. The Settlement Stipulation governed the intensities and densities on the subject properties. The subject properties are "Parcel IV," as listed in the Settlement Stipulation. Section 13 of the Settlement Stipulation states: "As additional consideration for the mutual agreements contained herein, the City agrees that Plaintiff shall be entitled to develop Parcel IV with an additional one hundred fifty (150) residential dwelling units or a total of five hundred twenty (520) residential dwelling units, which number includes the density authorized by the Parcel IV Settlement Stipulation, provided that the development of Parcel IV with such additional residential dwelling units or hotel units shall be in substantial accordance with either (i) the Parcel IV Settlement Stipulation of (ii) any of the alternative schematic site plans prepared by Community Design Corp. dated August 28, 1986, attached hereto as Exhibits "D-l" through "D-3" and hereby incorporated by reference. The total number of residential dwelling units or hotel units shall be subject to reduction in the event of a transfer of not more than forth (40) residential dwelling units from Parcel IV to Parcel II. Plaintiffs shall have the right to determine whether residential dwelling units or hotel units, or any combination thereof, shall be constructed on Parcel IV. It is agreed that 1.5 hotel units may be constructed in lieu of one (1) residential dwelling unit of density allocated to parcel IV." Community Development Board - September 16, 2008 - Case REZ2008-05003 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7193.doc Page 2 of 8 Item # 22 Attachment number 1 Page 3 of 8 The Grande on Sand Key Condominium, 1170 and 1180 Gulf Boulevard, is developed with two attached dwelling towers with 116 dwelling units. The Meridian on Sand Key Condominium, 1200 and 1226 Gulf Boulevard, is developed as a 106-unit attached dwelling tower. Section 25 of the Settlement Stipulation states: "The development rights agreed to herein shall remain in full force and effect for a period of twenty (20) years, and thereafter the City of Clearwater shall be free to regulate the use of the four parcels without limitation as a result of the final judgment entered in this cause in this Settlement Stipulation." The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on October 17, 2006. As indicated, the City has the right to rezone the property to be consistent with the Countywide Rules, the City's Comprehensive Plan and the Community Development Code. Under Chapter 163 of Florida State Statutes, the City's land development code shall be consistent with the City's Future Land Use Map and Comprehensive Plan. The B District is not listed in the City's FLUP of the Comprehensive Plan; therefore the B District is inconsistent with any FLUP category. The HDR and Preservation Districts are listed in the Future Land Use Element of the City's Comprehensive Plan as consistent with the RFH and P FLUP categories. The properties exceed the minimum required lot area and lot width for the existing uses in the HDR District. The existing use on the property is a permitted use in the HDR District. L CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602.F.1] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed rezoning are as indicated below: 3.2.1 Policy - Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR - floor area ratio; ISR - impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. The HDR and P Districts are consistent with the City's FLUP categories for RFH and P and are consistent with the City's Comprehensive Plan. The current designation of "Business District" no longer exists, and therefore, cannot be consistent. Community Development Board - September 16, 2008 - Case REZ2008-05003 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7193.doc Page 3 of 8 Item # 22 Attachment number 1 Page 4 of 8 The proposed zoning atlas amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies. Recommended Conclusions of Law As stated earlier, the property has a FLUP designation of RFH and P. The Clearwater Comprehensive Plan and Community Development Code specifies that the proposed HDR and P zoning districts are consistent with the RFH and P categories; therefore the proposed rezoning is consistent with the Clearwater Comprehensive Plan. II. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2, 4-602.F.3 & 4-602.F.4] Recommended Findings of Fact Gulf Boulevard Corridor Gulf Boulevard is a three-lane roadway. The center lane is a turn lane with periodic landscape islands surrounding pedestrian crossings. The surrounding area, located south of Clearwater Pass Bridge, is characterized by high-rise attached dwelling buildings, overnight accommodations and land devoted to recreation. The area has a mixture of residential plan categories that allow for 15 (RM) to 30 dwelling units per acre (RH and RFH). Immediately to the north of the subject properties is the Sheraton Sand Key Resort, an overnight accommodation use. This property is zoned Tourist (T), with an underlying FLUP category of RFH, which permits 30 dwelling units per acre or 50 overnight accommodation units per acre. North of the Sheraton Sand Key Resort is the Pinellas County-owned Sand Key Park and the City of Clearwater Fire Station #44. These publicly-owned properties have zoning designations of Open Space/Recreation (OS/R) with underlying FLUP categories of Recreation/Open Space (R/OS) and Preservation (P). To the east of the subject properties is the Clearwater Beach Marriott Suites on Sand Key, an overnight accommodations use. The Marriott property has a zoning designation of Tourist (T) with an underlying FLUP category of Resort Facilities High (RFH). North of the Marriott property is City-owned property developed as the Sailing Center and Sand Key Bayside Park. This publicly-owned property has a zoning designation of Open Space/Recreation (OS/R) with underlying FLUP categories of Recreation/Open Space (R/OS) and Preservation(P). To the south of the Marriott property, the Shoppes on Sand Key has a zoning district of B and FLUP category of RFH. The City is in the process of rezoning this property to the Commercial (C) District. To the south of the subject properties, the Landmark Towers are attached dwellings with a zoning designation of HDR and a FLUP category of Residential High (RH). The RH FLUP category allows 30 dwelling units per acre. Community Development Board - September 16, 2008 - Case REZ2008-05003 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7193.doc Page 4 of 8 Item # 22 Attachment number 1 Page 5 of 8 To the west is the Gulf of Mexico. The historic use of the property is compatible with the uses permitted in the HDR District. The permitted uses in the HDR and P Districts are compatible with the surrounding uses. Section 2-501 of the Community Development Code, titled "Intent and purpose" states: "The intent and purpose of the High Density Residential District ("HDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of higher density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the city." Section 2-1401 of the Community Development Code, titled "Intent and purpose" states: "It is the intent and purpose of the Preservation District to protect the waters, waterways and coastal wetlands of the Gulf of Mexico and Tampa Bay and noncoastal wetlands, environmentally sensitive palustrine, lacustrine and riverine areas, natural and artificially made interior bodies of water and other submerged lands through the control of development of these areas so that their ecological and aesthetic values may be preserved for the health and enjoyment of present and future generations." Recommended Conclusions of Law The proposed rezoning is compatible with the surrounding residential, recreation and tourist uses. The proposed HDR and P Districts will be in character with existing and abutting uses and zoning designations. The HDR and P Districts will allow attached dwellings and outdoor recreation uses which are compatible with the surrounding neighborhood. III. SUFFICIENCY OF PUBLIC FACILITIES [4-602.F.5] Recommended Findings of Fact As stated earlier, the subject properties total 13.52 acres in area and presently occupied by attached dwellings and beach area. Based on a maximum allowable density of 30 dwelling units per acre in the existing RFH category and the HDR District, 270 dwelling units could be constructed on the properties. At present, 222 dwelling units occupy the properties. Community Development Board - September 16, 2008 - Case REZ2008-05003 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7193.doc Page 5 of 8 Item # 22 Attachment number 1 Page 6 of 8 Roadways Specific uses in the current and proposed zoning districts have been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation 7th Edition. Maximum Development Existing B District - Potential Residential Units (5.86 trips/unit) 520 units 3,047 N/A 0.52 270 N/A As Currently Existing B District - Developed Residential Units (5.86 trips/unit) 222 1,301 N/A 0.52 115 N/A Proposed HDR District/Existing RFH FLUP (compared to Maximum current B Development development) _ Potential Residential Units (5.86 trips/unit) 270 units2 1,582 281 0.52 140 25 1 = Institute of Transportation Engineer's Trip Generation 7" Edition Land Use 230 2 = Total dwelling units per acre permitted by the underlying RFH FLUP category is 30 units per acre. The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Gulf Boulevard segment from the Belleair Causeway to South Gulfview Boulevard a LOS of A. The traffic analysis above compares the uses permitted by the Settlement Stipulation, the existing uses of the subject property, and the maximum development potential allowed by the proposed HDR District and RFH FLUP. Based on the ITE Trip Generation Manual, an attached dwelling use developed at the absolute maximum intensity in the HDR District (270 attached dwelling units) would result in an increase in the PM Peak trips to Gulf Boulevard. In summary, redevelopment of the properties to the maximum allowable number of attached dwellings would result in 25 more PM peak hour trips than the current uses. The City's Comprehensive Plan permits roadways within the City to operate with an LOS of D at PM peak hour. Thus, any redevelopment would result in an acceptable LOS. Community Development Board - September 16, 2008 - Case REZ2008-05003 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7193.doc Page 6 of 8 Item # 22 Attachment number 1 Page 7 of 8 Macs Transit The Citywide LOS for mass transit will not be negatively affected by the proposed zoning atlas amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority's Suncoast Beach Trolley service is available along Gulf Boulevard. Water As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for water. Although redevelopment may generate a greater demand for water, the City has adequate capacity to serve the maximum potential development of the property. Wastewater As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for wastewater. Although redevelopment may create more wastewater but the City has adequate capacity to handle the maximum potential increase in wastewater from the property. Solid Waste As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for solid waste disposal since there is excess capacity. Recreation and Open Space As currently developed, the Settlement Stipulation governed all Recreation and Open Space impact fees. If any overnight accommodation units and/or dwelling units are added and/or nonresidential floor area is increased, additional impact fees may be required. This fee is addressed through the site plan process and any required payment will be due prior to the issuance of building permits. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this rezoning will not result in the degradation of the existing LOS to the adjacent roads beyond the requirements of the City's Comprehensive Plan. Further, there will be no impact to water, wastewater, and solid waste service as each has adequate capacity to handle an increase in dwelling units. The proposed HDR and P Districts will not affect open space and recreation facilities or mass transit. Community Development Board - September 16, 2008 - Case REZ2008-05003 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7193.doc Page 7 of 8 Item # 22 Attachment number 1 Page 8 of 8 IV. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.] Recommended Findings of Fact The location of the proposed HDR and P District boundaries are logical and consolidate these properties into the appropriate zoning district. The HDR and P Districts are compatible districts with the adjacent T, HDR and OS/R zoning districts located to the immediate north, south and east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Approval of this zoning atlas amendment does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. SUMMARY AND RECOMMENDATION: An amendment of the zoning atlas from the B District to the HDR and P Districts for the subject properties is requested. The property exceeds the minimum lot area and lot width requirements for attached dwellings. Surrounding uses include overnight accommodations to the north and east, the Gulf of Mexico to the west and attached dwellings to the south. The proposed rezoning is compatible with the existing neighborhood as well as the existing FLUP categories, and reflects the current uses on the properties. The proposed HDR and P Districts are consistent with the City Comprehensive Plan, are compatible with the surrounding area, do not conflict with the needs and character of the neighborhood and City, do not require nor affect the provision of public services and the boundaries are appropriately drawn. Based on the above analysis, the Planning Department recommends APPROVAL of the following action on the request: Amend the zoning atlas designation of 1170, 1180, 1200 and 1226 Gulf Boulevard from the Business (B) District to the High Density Residential (HDR) and Preservation (P) Districts. Prepared by Planning Department staff: Attachments: Application Location Map Aerial Photograph Future Land Use Map Zoning Map Existing Surrounding Uses Map Site Photographs Michael H. Reynolds, AICP Planner III Community Development Board - September 16, 2008 - Case REZ2008-05003 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7193.doc Page 8 of 8 Item # 22 Attachment number 2 Page 1 of 6 PROJECT SITE v v J? v 1< ? J ? Location Map Owner: Multiple Owners Case: REZ2008-05003 Site: 1170, 1180, 1200 and 1226 Gulf Property Size (Acres): 13.52 Boulevard Land Use Zoning PIN: Multiple Parcel Numbers From : RFH & P HDR & P To: RFH & P HDR & P Atlas Page: 294A & 303B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-05003 - 1170, 1180 and 1200, 1226 Gulf Boulevard - City of Clearwater\Maps\Final Maps\LOCATION.doc Item # 22 Attachment number 2 Page 2 of 6 • i • ?o o? Aerial .. Owner: Multiple Owners Case: REZ2008-05003 Site: :0, 1200 and 1170, 1226 Gulf Property Size (Acres): 13.52 Boulevard .. Use Zoning PIN: Multiple Parcel Numbers .- : .- : P Atlas Page: 294A & 303B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-05003 - 1170, 1180 and 1200, 1226 Gulf Boulevard - City of Clearwater\Maps\Final Maps\AERIAL.doc Item # 22 Attachment number 2 Page 3 of 6 P R/OS \ ,010 WATER RFH \ X877 J _ ?Oo \ PHASEH ? PHASEI RFH ` 57318 z o WATE ,moo- --1 L__27 J SEE SW I]-2915 / FOR PARCEL NFO I2/nJ-- FoaaxicELium GOVL GOVT LOT1 Lest J 22? 5 ??o WAT d ?^ ry G ? 5 P4 Q ?2?0 oP ?o WATER WATER RH 01 L852 J Gi ?2T'i 1 RFH Future Land Use Map Owner: Multiple Owners Case: REZ2008-05003 Site: 1170, 1180, 1200 and 1226 Gulf Property Size (Acres): 13.52 Boulevard Land Use Zoning PIN: Multiple Parcel Numbers From : RFH & P HDR & P To: RFH & P HDR & P Atlas Page: 294A & 303B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-05003 - 1170, 1180 and 1200, 1226 Gulf Boulevard - City of Clearwater\Maps\Final Maps\FLU.doc Item # 22 Attachment number 2 Page 4 of 6 OS/R oso / - \ P / l - - -I / \ r \ X877 J / vo O / P r - \ PHASE 11 - PHASEI , --? HDR \ 318 J >O 5 B / z / O O z T- o ? 71h27 / SEE-7-z&15 ?? .. L J / / FOR PARCEL NFO I , n- FoR PARCEL INm GOW V GOVT LOT1 ' 49851 P ?2?o GP OS/ Q HDR L ? J ? '2A, 1 ?2? X26 Proposed Zoning Map Owner: Multiple Owners Case: REZ2008-05003 Site: 1170, 1180, 1200 and 1226 Gulf Property Size (Acres): 13.52 Boulevard Land Use Zoning PIN: Multiple Parcel Numbers From : RFH & P HDR & P To: RFH & P HDR & P Atlas Page: 294A & 303B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-05003 - 1170, 1180 and 1200, 1226 Gulf Boulevard - City of Clearwater\Maps\Final Maps\PROPOSED ZONING.doc Item # 22 Attachment number 2 Page 5 of 6 County Park - Hotel s2an / Gulf of Mexico - J '- o ? PHASE II Multi Family '. esi&ntial ' _ _ 7 318 J Hotel 2 SEE-7-2915 'i?® L J / FOR PARCEL NFO ? FoR PARCEL INm GOVL ? ? GOVT LOT1 / 49851 ?^ N d I G ti Family Q? o? i ntial oming L J '-Center Existing and Surrounding Land Uses Map Owner: Multiple Owners Case: REZ2008-05003 Site: 1170, 1180, 1200 and 1226 Gulf Property Size (Acres): 13.52 Boulevard Land Use Zoning PIN: Multiple Parcel Numbers From : RFH & P HDR & P To: RFH & P HDR & P Atlas Page: 294A & 303B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-05003 - 1170, 1180 and 1200, 1226 Gulf Boulevard - City of Clearwater\Maps\Final Maps\EXISTING.doc Item # 22 Attachment number 2 Page 6 of 6 View looking east from the subject properties View looking northwest at the property to the north of the subject properties REZ2008-05003 City of Clearwater Item # 22 1170, 1180, 1200 and 1226 Gulf Boulevard View looking west at the north subject property, 1170 and 1180 Gulf Boulevard View looking west at the south subject property, 1200 and 1226 Gulf Boulevard View looking southwest at the property to the south of the subject properties View looking south from the subject properties along Gulf Boulevard Attachment number 3 Page 1 of 1 ORDINANCE NO. 7976-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTHWEST SIDE OF GULF BOULEVARD APPROXIMATELY 2270 FEET SOUTH OF CLEARWATER PASS BRIDGE, CONSISTING OF A PORTION OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 33/021, WHOSE POST OFFICE ADDRESS IS 1170, 1180, 1200 and 1226 GULF BOULEVARD, FROM BUSINESS (B) TO HIGH DENSITY RESIDENTIAL (HDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See attached legal description From: Business (B) (REZ2008-05003) To: High Density Residential (HDR) Preservation (P) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 22 Ordinance No. 7976 -08 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/15/2008 Approve a Zoning Atlas Amendment from Business (B) District to the High Density Residential (HDR) District for property located at 1520, 1540, and 1560 Gulf Boulevard (consisting of aportion of Section 19, Township 29 South, Range 15 East and Pass Ordinance 7977-08 on first reading. (REZ2008-05004) SUMMARY: This Zoning Atlas Amendment application involves property approximately 8.59 acres in area located on the west side of Gulf Boulevard approximately 180 feet north of Marina del Ray Court. This property has a Future Land Use Plan (FLUP) classification of Residential High (RH) and a zoning designation of Business (B). The City dissolved the B District in 1972. The B designation was the result of a lawsuit settlement stipulation of October 17, 1986 and expired on October 17, 2006. In effect, there is no zoning on the property and the applicant is requesting to amend the Zoning Atlas from the B designation to the High Density Residential (HDR) designation. The Planning Department determined that the proposed rezoning application is consistent with the following standards specified in the Community Development Code: • The proposed rezoning application is consistent with the Comprehensive Plan; • The proposed use is compatible with the surrounding area; • Sufficient public facilities are available to serve the property; • The applications will not have an adverse impact on the natural environment; and • The district boundaries are appropriately drawn. Please refer to the rezoning (REZ2008-05004) staff report for the complete analysis. The Community Development Board will review this application at its public hearing on September 16, 2008. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 23 Attachment number 1 Page 1 of 8 CDB Meeting Date: September 16, 2008 Case Number: REZ2008-05004 Addresses: 1520, 1540 and 1560 Gulf Boulevard Agenda Item: DD2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNERS: APPLICANT: REPRESENTATIVE: Multiple Owners City of Clearwater Michael Delk, AICP Community Development Coordinator LOCATION: Approximately 8.59 acres located on the west side of Gulf Boulevard approximately 180 feet north of Marina Del Rey Court REQUEST: SITE INFORMATION PROPERTY SIZE: DIMENSIONS OF THE PROPERTY: PROPERTY USES: Current Uses: Proposed Uses: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: Rezoning from the Business (B) District to the High Density Residential (HDR) 374,366 sq ft or 8.59 acres mol 1047 feet long by 371 feet deep mol Attached Dwellings Attached Dwellings Residential High (RH) Residential High (RH) Business (B) High Density Residential (HDR) Community Development Board -September 16, 2008 - Case REZ2008-05004 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7195.doc Pagel of 8 Item # 23 Attachment number 1 Page 2 of 8 EXISTING SURROUNDING USES: ANALYSIS: North: Attached Dwellings South: Attached Dwellings East: Attached Dwellings and City Park West: Gulf of Mexico This rezoning application involves three land parcels totaling 8.59 acres owned by the Ultimar I, II and III Condominium Associations and the condominium owners. The subject property is located on the west side of Gulf Boulevard approximately 180 feet north of Marina Del Rey Court. The properties have a Future Land Use Plan (FLUP) category of Residential High (RH) and have been governed by a Settlement Stipulation. The City of Clearwater is requesting to rezone the property to the High Density Residential (HDR) District from the Business (B) District. The City dissolved the B District in 1972. Subsequently, a lawsuit was filed against the City of Clearwater by United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (case no. 78-4765-7)) in the Circuit Court for Pinellas County. The resulting Settlement Stipulation restored the dissolved B District for the subject properties and three other locations on Sand Key for a period of twenty years. The Settlement Stipulation governed the intensities and densities on the subject properties. The subject properties are "Parcel II," as listed in the Settlement Stipulation. Section 11 of the Settlement Stipulation states: "Except as provided below, Plaintiff shall be entitled to develop up to three hundred sixty (360) residential dwelling units on Parcel II, provided that such development is in substantial accordance with any of the alternative schematic site plans prepared by Community Design Corp. and dated August 28, 1986, and which are attached hereto as Exhibits "B-l" through "134" and hereby incorporated by reference. In addition to the three hundred sixty (360) units set forth above, Plaintiff shall be entitled to transfer no more than forty (40) residential dwelling units from Parcel IV to Parcel II, in which event the number of units permitted on Parcel IV shall be reduced by the number of units transferred to Parcel II. If such transferred units, or any portion thereof, are not actually constructed on Parcel II, they may be transferred back to Parcel IV pursuant to the procedure set forth herein. In the event that Parcel II and Parcel IV are conveyed to different owners, or that either Parcel is conveyed to any person not a party to this Settlement Stipulation, subsequent to the entry of a judgment based upon this Settlement Stipulation, the transfer of any residential dwelling units from Parcel IV to Parcel II shall require the consent of the owners of both Parcels. Plaintiff shall memorialize any such transfer by recording an appropriate notice of transfer Community Development Board -September 16, 2008 - Case REZ2008-05004 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7195.doc Page 2 of 8 Item # 23 Attachment number 1 Page 3 of 8 in the Public Records of Pinellas County and by filing a copy of thereof with the City Clerk of the City." The subject properties, 1520, 1540 and 1560 Gulf Boulevard are known as Ultimar I, 11 and III, respectively. They are attached dwelling uses. Ultimar I was constructed in 1990, Ultimar 11 was constructed in 1992 and Ultimar III was constructed in 1996. Section 25 of the Settlement Stipulation states: "The development rights agreed to herein shall remain in full force and effect for a period of twenty (20) years, and thereafter the City of Clearwater shall be free to regulate the use of the four parcels without limitation as a result of the final judgment entered in this cause in this Settlement Stipulation." The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on October 17, 2006. As indicated, the City has the right to rezone the property to be consistent with the Countywide Rules, the City's Comprehensive Plan and the Community Development Code. Under Chapter 163 of Florida State Statutes, the City's land development code shall be consistent with the City's Future Land Use Map and Comprehensive Plan. The B District is not listed in the City's FLUP of the Comprehensive Plan; therefore the B District is inconsistent with any FLUP category. The HDR District is listed in the Future Land Use Element of the City's Comprehensive Plan as consistent with the RH FLUP category. The properties exceed the minimum required lot area and lot width for the existing uses in the HDR District. The existing use of the property is a permitted use in the HDR District. L CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602.F.1] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed rezoning are as indicated below: 3.2.1 Policy - Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR - floor area ratio; ISR - impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. Community Development Board -September 16, 2008 - Case REZ2008-05004 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7195.doc Page 3 of 8 Item # 23 Attachment number 1 Page 4 of 8 24.5.1 Policy - Structures on the barrier islands seaward of the defined coastal hazard zone which have experienced over fifty percent (50%) damage, based on value of the structure prior to damage, may be redeveloped consistent with either the density established in the adopted Comprehensive Plan or with the existing as built densities at the time of storm damage, if lawful when constructed in accordance with the applicable provisions of the Land Development Code. The HDR District is consistent with the City's FLUP category for RH and is consistent with the City's Comprehensive Plan. The current designation of "Business District" no longer exists, and therefore, cannot be consistent. The proposed zoning atlas amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies. Recommended Conclusions of Law As stated earlier, the properties have a FLUP designation of RH. The Clearwater Comprehensive Plan and Community Development Code specifies that the proposed HDR District is consistent with the RH category; therefore the proposed rezoning is consistent with the Clearwater Comprehensive Plan. II. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2, 4-602.F.3 & 4-602.F.4] Recommended Findings of Fact Gulf Boulevard Corridor Gulf Boulevard is a three-lane roadway. The center lane is a turn lane with periodic landscape islands surrounding pedestrian crossings. The surrounding area, located south of Clearwater Pass Bridge, is characterized by high-rise attached dwellings, overnight accommodations and land devoted to recreation. The area has a mixture of residential plan categories that allow for 15 (RM) to 30 dwelling units per acre (RH and RFH). Immediately to the north of the subject properties is 1480 Gulf Boulevard, an attached dwelling use. This property has a zoning designation of High Density Residential (HDR), with an underlying Future Land Use Plan (FLUP) category of Residential High (RH). The RH category permits 30 dwelling units per acre. To the west is the Gulf of Mexico. To the south of the subject properties is 1582 Gulf Boulevard, an attached dwelling use. The subject property has a zoning designation of HDR with an underlying FLUP category of RH. Community Development Board -September 16, 2008 - Case REZ2008-05004 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7195.doc Page 4 of 8 Item # 23 Attachment number 1 Page 5 of 8 To the east, the South Bay Condominiums are attached dwelling uses with a zoning designation of Business (B) and a FLUP category of Residential Medium (RM). The City is in the process of rezoning this property to Medium Density Residential (MDR). Also to the east is Bay Park on Sand Key, a City-owned parks and recreation use. The property has a zoning designation of B and FLUP designations of RM. The City is in the process of changing the portion of the property with a Future Land Use designation of RM to R/OS. The City is also in the process of rezoning the property to OS/R. The historic use of the property is compatible with the uses permitted in the HDR District. The permitted uses in the HDR District are compatible with the surrounding uses. Section 2-501 of the Community Development Code, titled "Intent and purpose" states: "The intent and purpose of the High Density Residential District ("HDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of higher density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the city." Recommended Conclusions of Law The proposed rezoning is compatible with the surrounding residential and recreation uses. The proposed HDR District will be in character with existing and abutting uses and zoning designations. The HDR District will permit attached dwellings, which are compatible with the surrounding neighborhood. III. SUFFICIENCY OF PUBLIC FACILITIES [4-602.F.5] Recommended Findings of Fact As stated earlier, the subject properties comprise 8.59 acres of land with the RH category and are presently occupied by attached dwellings. Based on a maximum allowable density of 30 dwelling units per acre in the existing RH category and HDR District, 257 dwelling units could be constructed on the properties. At present, 352 dwelling units occupy the properties, less than were permitted under the Settlement Stipulation. Community Development Board -September 16, 2008 - Case REZ2008-05004 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7195.doc Page 5 of 8 Item # 23 Attachment number 1 Page 6 of 8 Roadways Specific uses in the current and proposed zoning districts have been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation 7th Edition. Maximum Development Existing B District - Potential Residential Units (5.86 trips/unit) 360 units) 2,110 N/A 0.52 187 N/A As Currently Existing B District - Developed Residential Units (5.86 trips/unit) 352 2,063 N/A 0.52 183 N/A Proposed HDR District/Existing RH FLUP (compared to Maximum current B Development development) _ Potential Residential Units (5.86 trips/unit) 257 units3 1506 -557 0.52 134 -49 1 = Per the Settlement Stipulation 2 = Institute of Transportation Engineer's Trip Generation 7t' Edition Land Use 230 3 = Total dwelling units per acre permitted by the underlying RH FLUP category is 30 units per acre. The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Gulf Boulevard segment from the Belleair Causeway to South Gulfview Boulevard a LOS of A. The traffic analysis above compares the uses permitted by the Settlement Stipulation, the existing uses of the subject property, and the maximum development potential allowed by the proposed HDR District and RH FLUP. Based on the TTE Trip Generation Manual, an attached dwelling use developed at the absolute maximum intensity in the HDR District (231 attached dwelling units) would result in a decrease in the PM Peak trips to Gulf Boulevard. The City's Comprehensive Plan will permit the subject properties to be redeveloped at their current densities if the structures are damaged to 50 percent or more of the appraised value of the building. Community Development Board -September 16, 2008 - Case REZ2008-05004 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7195.doc Page 6 of 8 Item # 23 Attachment number 1 Page 7 of 8 In summary, redevelopment of the properties to the maximum amount of attached dwellings would result in 63 fewer PM peak hour trips than the current uses or the same. Density will be determined whether the property is redeveloped voluntarily or due to a disaster. Mass Transit The Citywide LOS for mass transit will not be negatively affected by the proposed zoning atlas amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority's Suncoast Beach Trolley service is available along Gulf Boulevard. Water As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for water. Since redevelopment would result in the same or lesser demand for water, the City has adequate capacity to serve the maximum potential development of the property. Wastewater As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for wastewater. Since redevelopment would result in the same or lesser demand for water, the City has adequate capacity to serve the maximum potential development of the property. Cnlid Rapt" As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for solid waste disposal since there is excess capacity. Recreation and Open Space As currently developed, the Settlement Stipulation governed all Recreation and Open Space impact fees. If any overnight accommodation units and/or dwelling units are added and/or nonresidential floor area is increased, additional impact fees may be required. This fee is addressed through the site plan process and any required payment will be due prior to the issuance of building permits. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the maximum possible traffic increase generated by development on the property is within the requirements of the City's Comprehensive Plan. Further, there is little to no impact to water, wastewater and solid waste service. The proposed HDR District will not affect open space and recreation facilities or mass transit. Community Development Board -September 16, 2008 - Case REZ2008-05004 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7195.doc Page 7 of 8 Item # 23 Attachment number 1 Page 8 of 8 IV. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.] Recommended Findings of Fact The location of the proposed HDR District boundaries is logical and consolidates these properties into the appropriate zoning district. The HDR District is compatible with the adjacent OS/R, B and HDR zoning districts located to the immediate north, south and east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Approval of this zoning atlas amendment does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. SUMMARY AND RECOMMENDATION: An amendment of the zoning atlas from the B District to the HDR District for the subject properties is requested. The property exceeds the minimum lot area and lot width requirements for attached dwellings. Surrounding uses include attached dwellings to the north, south and east, City park to the east and the Gulf of Mexico to the west. The proposed rezoning will be compatible with the existing neighborhood and is compatible with the existing future land use category and reflects the current uses on the properties. The proposed HDR District is consistent with the City Comprehensive Plan, are compatible with the surrounding area, do not conflict with the needs and character of the neighborhood and City, do not require nor affect the provision of public services and the boundaries are appropriately drawn. Based on the above analysis, the Planning Department recommends APPROVAL of the following action on the request: Amend the zoning atlas designation of 1520, 1540 and 1560 Gulf Boulevard from the Business (B) District to the High Density Residential (HDR) District. Prepared by Planning Department staff: Attachments: Application Location Map Aerial Photograph Future Land Use Map Zoning Map Existing Surrounding Uses Map Site Photographs Michael H. Reynolds, AICP, Planner III Community Development Board -September 16, 2008 - Case REZ2008-05004 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7195.doc Page 8 of 8 Item # 23 Attachment number 2 Page 1 of 6 PROJECT SITE u NA DEL REY 94Nd KEY ESr DR SKN Location Map Owner: Multiple Owners Case: REZ2008-05004 Site: 1520, 1540 and 1560 Gulf Boulevard Property Size (Acres): 8.59 Land Use Zoning PIN: Multiple Parcel Numbers From : RH B To: RH HDR Atlas Page: 311 B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-05004 - 1520, 1540 and 1560 Gulf Boulevard - City of Clearwater\Maps\Location Map.doc Item # 23 Attachment number 2 Page 2 of 6 r??•? AW, ?v Jv A - . Photograph Owner: Multiple Owners Case: REZ2008-05004 Site: 1520, 1540 and 1560 Gulf Boulevard Property Size (Acres): 8.59 .. Use Zoning PIN: Multiple Parcel .- To: RH .- Atlas Page: 311 B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-05004 - 1520, 1540 and 1560 Gulf Boulevard - City of Clearwater\Maps\Aerial Photograph.doc Item # 23 Attachment number 2 Page 3 of 6 8630 ,O 1- '4? ?v X8643 _ Jv 76° 93390 WATER 7s RM 2,s P RH X93391 P 'ss aim 3.55 Ac(c 93392 WATE RH X2936 Future Land Use Map Owner: Multiple Owners Case: REZ2008-05004 Site: 1520, 1540 and 156 0 Gulf Boulevard Property Size (Acres): 8.59 Land Use Zoning PIN: Multiple Parcel Numbers From : RH B To: RH HDR Atlas Page: 311 B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-05004 - 1520, 1540 and 1560 Gulf Boulevard - City of Clearwater\Maps\Future Land Use Map.doc Item # 23 Attachment number 2 Page 4 of 6 n 1- ? 8630 HDR - 7q? 8643 r ? J 7507 v' P 7 X3390 ? S2G sR? 7,525, HDR 93391 y 76'6-7 aim 3.55 Ac c ` 93392 ? S60 ` l -11PR 7587 12936 Zoning Map Owner: Multiple Owners Case: REZ2008-05004 Site: 1520, 1540 and 1560 Gulf Boulevard Property Size (Acres): 8.59 Land Use Zoning PIN: Multiple Parcel Numbers From : RH B To: RH HDR Atlas Page: 311 B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-05004 - 1520, 1540 and 1560 Gulf Boulevard - City of Clearwater\Maps\Zoning Map.doc Item # 23 Attachment number 2 Page 5 of 6 M ti Family Residentia 78630 ,48o V 8643 J? Gulf of Mexico lti Famil - esidential 3390 ' s?o "IT"S ulti Family Resi en ' 1 93391 a aim 3.55 A c (c) 392 City Park ' Ss o, ulti Family Residential Mul ' Fam L2936 Existing Surrounding Uses Map Owner: Multiple Owners Case: REZ2008-05004 Site: 1520, 1540 and 1560 Gulf Boulevard Property Size (Acres): 8.59 Land Use Zoning PIN: Multiple Parcel Numbers From : RH B To: RH HDR Atlas Page: 311 B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-05004 - 1520, 1540 and 1560 Gulf Boulevard - City of Clearwater\Maps\Existing Surrounding Uses Map.doc Item # 23 Attachment number 2 Page 6 of 6 View looking southwest at the property to the south of the View looking north from the subject properties along Gulf subject properties Boulevard REZ2008-05004 City of Clearwater Item # 23 1520, 1540 and Gulf Boulevard View looking southwest at the subject properties, 1520, 1540 and 1560 Gulf Boulevard View looking northwest at the north subject property, 1520 Gulf Boulevard View looking northwest at the middle subject property, 1540 Gulf Boulevard View looking west at the south subject property, 1560 Gulf Boulevard Attachment number 3 Page 1 of 1 ORDINANCE NO. 7977-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF GULF BOULEVARD APPROXIMATELY 180 FEET NORTH OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1520, 1540 AND 1560 GULF BOULEVARD, FROM BUSINESS (B) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property See attached legal description, less The area not zoned B (REZ2008-05004) Zoning District From: Business (B) To: High Density Residential (HDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 23 Ordinance No. 7977-08 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/15/2008 Approve a Zoning Atlas Amendment from Business (B) District to the Medium Density Residential (MDR) and Preservation (P) Districts for property located at 1501 Gulf Boulevard (consisting of a portion of Section 19, Township 29 South, Range 15 East in Metes and Bounds 43/01 and Pass Ordinance 7978-08 on first reading. (REZ2008-05005) SUMMARY: This Zoning Atlas Amendment application involves one property of approximately 5.85 acres in area located on the east side of Gulf Boulevard approximately 800 feet north of Marina Del Ray Court. This property has a Future Land Use Plan (FLUP) classification of Residential Medium (RM) and a zoning designation of Business (B). The City dissolved the B District in 1972. The B designation was the result of a lawsuit settlement stipulation of October 17, 1986 and expired on October 17, 2006. In effect, there is no zoning on the property and the applicant is requesting to amend the Zoning Atlas from the B designation to the Medium Density Residential (MDR) and Preservation (P) designations. The Planning Department determined that the proposed rezoning application is consistent with the following standards specified in the Community Development Code: • The proposed rezoning application is consistent with the Comprehensive Plan; • The proposed use is compatible with the surrounding area; • Sufficient public facilities are available to serve the property; • The applications will not have an adverse impact on the natural environment; and • The district boundaries are appropriately drawn. Please refer to the rezoning (REZ2008-05005) staff report for the complete analysis. The Community Development Board will review this application at its public hearing on September 16, 2008. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 24 Attachment number 1 Page 1 of 8 CDB Meeting Date: September 16, 2008 Case Number: REZ2008-05005 Addresses: 1501 Gulf Boulevard Agenda Item: DD3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER Multiple Owners APPLICANT: City of Clearwater REPRESENTATIVE: Michael Delk, Community Development Coordinator LOCATION: Approximately 5.85 acres located on the east side of Gulf Boulevard approximately 800 feet north of Marina Del Rey Court REQUEST: Rezoning from the Business (B) District to the Medium Density Residential (MDR) and Preservation (P) Districts SITE INFORMATION PROPERTY SIZE: Total - 254,826 sq ft or 5.85 acres mol MDR area - 135,907 sq ft or 3.12 acres mol P area - 118,918 sq ft or 2.73 acres mol DIMENSIONS OF THE PROPERTY: PROPERTY USES: Current Uses: Proposed Uses: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: 694 feet wide by 332 feet deep mol Attached Dwellings Attached Dwellings Residential Medium (RM) Residential Medium (RM) Current District: Business (B) Proposed District: Medium Density Residential (MDR) and Preservation (P) Community Development Board - September 16, 2008 - Case REZ2008-05005 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7198.doc Pagel of 8 Item # 24 Attachment number 1 Page 2 of 8 EXISTING SURROUNDING USES: ANALYSIS: North: Attached dwellings South: Attached dwellings East: Intracoastal waterway West: Attached dwellings This rezoning application involves one 5.85 acre property owned by the Sand Key Condo - South Bay Condominium Association. The subject property is located on the east side of Gulf Boulevard approximately 800 feet north of Marina Del Rey Court. The property has a Future Land Use Plan (FLUP) category of Residential Medium (RM) and has been governed by a Settlement Stipulation. The City of Clearwater is requesting to rezone the property to the Medium Density Residential (MDR) and Preservation (P) Districts from the Business (B) District. The City dissolved the B District in 1972. Subsequently, a lawsuit was filed against the City of Clearwater by the United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (case no. 78-4765-7)) in the Circuit Court for Pinellas County. The resulting Settlement Stipulation restored the dissolved B District for the subject properties and three other locations on Sand Key for a period of twenty years. The Settlement Stipulation governed the intensities and densities on the subject property. The subject property is a portion of "Parcel I," as listed in the Settlement Stipulation. This portion includes 64 dwelling units, which were constructed in 1983 and is known as the South Bay Condominiums. Section 10 of the Settlement Stipulation states: "Plaintiffs shall be entitled to develop an additional 80 residential dwelling units on Parcel I, or a total of one hundred forty-four (144) residential dwelling units. The development of Parcel I shall be in substantial accordance with any of the alternative schematic site plans prepared by Community Design Corp. and dated August 28, 1986, which are attached hereto as Exhibits "A-l" through "A-3" and hereby incorporated by reference. Plaintiffs shall not be restricted to utilizing the existing foundation for the construction of the additional eighty (80) units permitted pursuant to this Settlement Stipulation." Section 25 of the Settlement Stipulation states: "The development rights agreed to herein shall remain in full force and effect for a period of twenty (20) years, and thereafter the City of Clearwater shall be free to regulate the use of the four parcels without limitation as a result of the final judgment entered in this cause in this Settlement Stipulation." Community Development Board - September 16, 2008 - Case REZ2008-05005 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7198.doc Page 2 of 8 Item # 24 Attachment number 1 Page 3 of 8 The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on October 17, 2006. As indicated, the City has the right to rezone the property to be consistent with the Countywide Rules, the City's Comprehensive Plan and the Community Development Code. Under Chapter 163 of Florida State Statutes, the City's land development code shall be consistent with the City's Future Land Use Map and Comprehensive Plan. The B District is not listed as a zoning district in the City's Future Land Use Element of the Comprehensive Plan; therefore the B District is inconsistent with any FLUP classification. The MDR and P Districts are listed in the City's Future Land Use Element as consistent with the RM and P Future Land Use Plan designation. The property is larger than the minimum required lot area and lot width for the existing uses in the MDR District. The existing use on the property is a permitted use in the MDR District. L CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602.F.1] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed rezoning are as indicated below: 3.2.1 Policy - Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR - floor area ratio; ISR - impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. Excerpt from Table MAX. DENSITY/ PRIMARY CONSISTENT PLAN INTENSITY PER USES PER PLAN ZONING CLASSIFICATION PLAN CATEGORY DISTRICTS CATEGORY Medium Density Residential Residential Medium Medium Density 15 Dwelling (MDR); Medium High Density (RM) Residential Units Per Acre Residential (MHDR); Community Development Board - September 16, 2008 - Case REZ2008-05005 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7198.doc Page 3 of 8 Item # 24 Attachment number 1 Page 4 of 8 Preservation Natural / Undeveloped (P) Water features; Beaches FAR 0.10; ISR 0.20 Preservation (P) and Dunes The MDR and P Districts are consistent with the City's RM and P Plan categories. The Business District no longer exists, therefore, cannot be consistent. The proposed zoning atlas amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies. Recommended Conclusions of Law As stated earlier, the property has a FLUP designation of RM. The Clearwater Comprehensive Plan and Community Development Code specifies that the proposed MDR and P zoning districts are consistent with the RM and Preservation Plan categories; therefore the proposed rezoning is consistent with the Clearwater Comprehensive Plan. II. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2, 4-602.F.3 & 4-602.F.4] Recommended Findings of Fact Gulf Boulevard Corridor Gulf Boulevard is a three-lane roadway. The center lane is a turn lane with periodic landscape islands surrounding pedestrian crossings. The surrounding area, located south of Clearwater Pass Bridge, is characterized by high-rise attached dwellings, overnight accommodations and land devoted to recreation. The area has a mixture of residential plan categories that allow for 15 (RM) to 30 dwelling units per acre (Residential High and Resort Facilities High). Immediately to the north of the subject property is 1451 Gulf Boulevard, an attached dwelling use. The property has zoning designations of MDR and Open Space/Recreation (OS/R) with underlying Future Land Use Plan (FLUP) designations of RM and P. The RM FLUP permits 15 dwelling units per acre and the P FLUP protects natural features with a Floor Area Ratio of 0.10. To the east is the Intracoastal Waterway. To the south of the subject property is Bay Park on Sand Key, a City owned parks and recreation use. The property has a zoning designation of B and FLUP designations of RM and P. The City is processing a land use plan amendment and rezoning for this property to change the portion of the property with a FLUP designation of RM to Recreation/Open Space (R/OS) and to rezone the entire property to OS/R and P (see Case Number LUZ2008-05002). To the west, the Ultimar I and II are attached dwelling uses with a zoning designation of B and OS/R and FLUP designations of Residential High (RH) and P. The City is also in the process of Community Development Board - September 16, 2008 - Case REZ2008-05005 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7198.doc Page 4 of 8 Item # 24 Attachment number 1 Page 5 of 8 rezoning the B portion of these properties to High Density Residential (HDR) (see Case Number 2008-05004). The historic uses on the property are compatible with the uses permitted in the MDR District. The permitted uses in the MDR District are compatible with the surrounding uses. Section 2-301 of the Community Development Code, titled "Intent and purpose" states: The intent and purpose of the Medium Density Residential District ("MDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. Section 2-1501 of the Community Development Code, titled "Intent and purpose" states: It is the intent and purpose of the Preservation District to protect the waters, waterways and coastal wetlands of the Gulf of Mexico and Tampa Bay and noncoastal wetlands, environmentally sensitive palustrine, lacustrine and riverine areas, natural and artificially made interior bodies of water and other submerged lands through the control of development of these areas so that their ecological and aesthetic values may be preserved for the health and enjoyment of present and future generations. Recommended Conclusions of Law The proposed rezoning is compatible with the surrounding residential and recreation uses. The proposed MDR and P zoning districts will be in character with the surrounding properties and are consistent with the surrounding zoning. Furthermore, the existing use of the site is consistent with the proposed MDR and P zoning districts. III. SUFFICIENCY OF PUBLIC FACILITIES [4-602.F.5] Recommended Findings of Fact As stated earlier, the subject property includes 5.86 acres but only 4.34 acres is designated as RM and is occupied by attached dwellings. Based on a maximum allowable density of 15 dwelling units per acre in the existing RM category and proposed MDR zoning district, 65 dwelling units could be constructed on the property. At present, 64 dwelling units occupy the property. Roadways Community Development Board - September 16, 2008 - Case REZ2008-05005 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7198.doc Page 5 of 8 Item # 24 Attachment number 1 Page 6 of 8 As can be seen in the following table, specific uses in the current and proposed zoning districts have been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation 7th Edition. Maximum Development Existing B District - Potential Residential Units (5.86 trips/unit) 64 units2 375 N/A 0.52 33 N/A As Currently Existing B District - Developed Residential Units (5.86 trips/unit) 64 375 N/A 0.52 33 N/A Proposed MDR District/Existing RM FLUP (compared to Maximum current B Development development) _ Potential Residential Units (5.86 trips/unit) 65 units3 381 6 0.52 34 1 1 = Institute of Transportation Engineer's Trip Generation 7' Edition Land Use 230 2 = This property is only a portion of Parcel I as listed in the Settlement Stipulation 3 = Total dwelling units per acre permitted by the underlying RM FLUP category is 15 units per acre. The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Gulf Boulevard segment from the Belleair Causeway to South Gulfview Boulevard an LOS of A. The traffic analysis above compares the traffic generation based on the use permitted by the Settlement Stipulation, the existing use of the subject property, and the maximum development potential allowed by the proposed MDR District and RM FLUP designation. Based on the ITE Trip Generation Manual, an attached dwelling use developed at the absolute maximum intensity in the MDR District and RM FLUP category (65 attached dwellings) could result in an increase of one PM Peak trip on Gulf Boulevard, which is insignificant. Mass Transit The Citywide LOS for mass transit will not be negatively affected by the proposed zoning atlas amendment. The total miles of fixed route service will not change; the subject site is located Community Development Board - September 16, 2008 - Case REZ2008-05005 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7198.doc Page 6 of 8 Item # 24 Attachment number 1 Page 7 of 8 along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority's Suncoast Beach Trolley service is available along Gulf Boulevard. Water As no change is proposed to the underlying future land use designation, the proposed rezoning will not impact the City's current LOS for water. One additional unit could potentially be added to the site and the City has adequate capacity to serve the property. Wastewater As no change is proposed to the underlying future land use designation, the proposed rezoning will not impact the City's current LOS for wastewater. One additional unit could potentially be added to the site and the City has adequate capacity to serve the property Solid Waste As no change is proposed to the underlying future land use designation, the proposed rezoning will not impact the City's current LOS for solid waste disposal. On additional unit could be potentially be added to the site and the City has adequate capacity to serve the property. Recreation and Open Space As currently developed, the Settlement Stipulation governed all Recreation and Open Space impact fees. If a dwelling unit is added to the site, additional impact fees may be required. This fee is addressed through the site plan process and any required payment would be due prior to the issuance of building permits. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this rezoning will not impact the existing LOS to the surrounding road network. Further, there is a minimal impact to water, wastewater, and solid waste service. Open space and recreation facilities and mass transit will not be affected by the proposed zoning designations. IV. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.] Recommended Findings of Fact The location of the proposed MDR and P District boundaries is logical and consolidates this property into the appropriate zoning districts. The MDR and P zoning districts are compatible districts with the adjacent B, HDR, MDR and OS/R zoning districts located to the immediate north, south and west. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Approval of this zoning atlas amendment does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. Community Development Board - September 16, 2008 - Case REZ2008-05005 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7198.doc Page 7 of 8 Item # 24 Attachment number 1 Page 8 of 8 SUMMARY AND RECOMMENDATION: An amendment of the zoning atlas from the B District to the MDR and P Districts for the subject property is requested. The property exceeds the minimum lot area and lot width requirements for attached dwellings. Surrounding uses include attached dwellings to the north, west and south and the Intracoastal Waterway to the east. The proposed rezoning is compatible with the existing neighborhood and is compatible with the existing future land use categories and reflects the current use of the property. The proposed MDR and P Districts are consistent with the City Comprehensive Plan, is compatible with the surrounding area, does not conflict with the needs and character of the neighborhood and City, does not require nor affect the provision of public services and the boundaries are appropriately drawn. Based on the above analysis, the Planning Department recommends APPROVAL of the following action on the request: Amend the zoning atlas designation of 1501 Gulf Boulevard from the Business (B) District to the Medium Density Residential (MDR) and Preservation (P) Districts. Prepared by Planning Department staff: Attachments: Application Location Map Aerial Photograph Future Land Use Map Zoning Map Existing Surrounding Uses Map Site Photographs Michael H. Reynolds, AICP, Planner III Community Development Board - September 16, 2008 - Case REZ2008-05005 C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.7198.doc Page 8 of 8 Item # 24 Attachment number 2 Page 1 of 6 PROJECT SITE ICI MNA aELREY MNU KEY ESF OR Location Map Owner: Multiple Owners Case: REZ2008-05005 Site: 1501 Gulf Boulevard Property Size (Acres): 5.85 Land Use Zoning PIN: Multiple Parcel Numbers From : RM & P B To: RM & P MDR & P Atlas Page: 311 B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-05005 - 1501 Gulf Boulevard - City of Clearwater\Maps\Location Map.doc Item # 24 Attachment number 2 Page 2 of 6 • Aerial Photograph Owner: Multiple Owners Case: REZ2008-05005 Site: 1501 Gulf Boulevard Property Size (Acres): 5.85 Land Use Zoning From : RM & P B PIN: Multiple Parcel Numbers To: RM & P MDR & P Atlas Page: 311 B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-05005 - 1501 Gulf Boulevard - City of Clearwater\Maps\Aerial Photograph.doc Item # 24 Attachment number 2 Page 3 of 6 8637 8634 J? ATER P -? 8630 ?48p 8643 RH ; 7s°, RM ' 93 - 390 WATER \ 76' '6- \ ;,CIO 76'67 UQ 3.55 Ac (c) Future Land Use Map Owner: Multiple Owners Case: REZ2008-05005 Site: 1501 Gulf Boulevard Property Size (Acres): 5.85 Land Use Zoning PIN: Multiple Parcel Numbers From : RM & P B To: RM & P MDR & P Atlas Page: 311 B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-05005 - 1501 Gulf Boulevard - City of Clearwater\Maps\Future Land Use Map.doc Item # 24 Attachment number 2 Page 4 of 6 8637 --1 8634 P OS/ HDR O /R 8630 8643 ?48p 7607 \ P MDR 93390 D ?62p l? \ '640 - ?? Q 66j U 3.55 Ac (c) Zoning Map Owner: Multiple Owners Case: REZ2008-05005 Site: 1501 Gulf Boulevard Property Size (Acres): 5.85 Land Use Zoning PIN: Multiple Parcel Numbers From : RM & P B To: RM & P MDR & P Atlas Page: 311 B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-05005 - 1501 Gulf Boulevard - City of Clearwater\Maps\Zoning Map.doc Item # 24 Attachment number 2 Page 5 of 6 Gulf of - 8637 L2 - Mexico V 8634 Multi Fam' y idential ? 8630 X480 8643 i Family Residen ' - Multi F ily Reside tial 3390 's ?O - Multi Family Intracoastal esidential Waterway City Park U7 G Existing Surrounding Uses Map Owner: Multiple Owners Case: REZ2008-05005 Site: 1501 Gulf Boulevard Property Size (Acres): 5.85 Land Use Zoning PIN: Multiple Parcel Numbers From : RM & P B To: RM & P MDR & P Atlas Page: 311 B S:\Planning Department\C D B\Zoning Atlas Amendments\REZ 2008\REZ2008-05005 - 1501 Gulf Boulevard - City of Clearwater\Maps\Existing Surrounding Uses Map.doc Item # 24 Attachment number 2 Page 6 of 6 View looking northeast at the property to the north of the View looking south along Gulf Boulevard from the subject subject property property REZ2008-05005 City of Clearwater Item # 24 1501 Gulf Boulevard View looking northeast at the subject property, 1501 Gulf Blvd View looking east at the subject property View looking northwest at the property west of the subject property View looking southeast at the property to the south of the subject property Attachment number 3 Page 1 of 1 ORDINANCE NO. 7978-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF GULF BOULEVARD APPROXIMATELY 800 FEET NORTH OF MARINA DEL REY COURT, CONSISTING OF A PORTION OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 43/01, WHOSE POST OFFICE ADDRESS IS 1501 GULF BOULEVARD, FROM BUSINESS (B) TO MEDIUM DENSITY RESIDENTIAL (MDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See attached legal description From: Business (B) (REZ2008-05005) To: Medium Density Residential (MDR) Preservation (P) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 24 Ordinance No. 7978-08 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Short-Term Rental Policy Update (WSO) SUMMARY: Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) Clerk Meeting Date:9/15/2008 Cover Memo Item # 25 Attachment number 1 Page 1 of 2 POLICY FOR USE IN RENDERING ADMINISTRATIVE INTERPRETATIONS OF WHETHER SHORT-TERM RENTALS ARE A "LEGAL NONCONFORMING USE" IN RESIDENTIAL ZONING DISTRICTS INTRODUCTION The City of Clearwater took the position in the Allbritton v. City litigation that short-term rental use had always been prohibited within residential zoning districts of the City. With Final Judgment having been entered against the City in the case, upheld without opinion on appeal, the "law of the Circuit" in the Sixth Judicial Circuit is currently that such use in Clearwater, where proven to have been established prior to the adoption of Ordinance No. 7105-03, may be allowed to continue and run with the land as a legal nonconforming use. Presumably, those property owners who could demonstrate similar factual circumstances to the Circuit Court would obtain an identical judicial ruling. Given this background, the City has determined to allow property owners to apply through the administrative interpretation process referenced in Community Development Code, Article 5, Division 7, for an interpretation as to whether they are entitled to such status. Such a process has the advantages of fitting within the City's existing Code framework, potentially saving litigation costs, and providing relief for code enforcement resources. An interpretation by the Community Development Coordinator is subject to appeal under Section 4-501A.1. to the Community Development Board. The Community Development Coordinator will consider the following criteria in making an interpretation as to whether a particular short-term rental use constitutes a legal nonconforming use in a residential zoning district. CRITERIA AND ANALYSIS 1. Length of use: property must have been rented on short-term basis prior to the adoption of Ordinance No. 7105-03. 2. Frequency and continuation of use: there must not have been a discontinuance or abandonment of the use for six consecutive months. See Section 8-102, definition of "abandoned building" and other applicable definitions; Section 6-103, Nonconforming Uses, Subsection D. 3. Documentation must be submitted of registration of use with state and county and payment of applicable state and county taxes for use. 4. Property must not have been, or become, ineligible for homestead status under Florida Statutes Chapter 196 during period of use. Item # 25 Attachment number 1 Page 2 of 2 The Coordinator shall review information submitted by the property owner and available to the City, including whether the applicant meets the above criteria, in making an interpretation as to legal nonconforming use status, also including the following: Documentation of use through one or more of the following: rental contracts; realtor listings; evidence of payment/receipts; correspondence with renters; affidavit of property owner or others; other evidence. Observations of, and results of investigation by, City staff as to use, e.g., .traffic/parking, contact with property owner. There is currently no charge for Administrative Interpretations under Community Development Code, Appendix A., Section VIII, Land Development. Staff will process a Code amendment adding a line item with fee to this Section, and will develop a corresponding application form. Item # 25 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Report on negotiations regarding public - private beach parking garage. SUMMARY: Review Approval: 1) Clerk Meeting Date:9/15/2008 Cover Memo Item # 26 Attachment number 1 Page 1 of 1 So. Beach Parking Garage Cost Analysis September 11, 2008 Coronado Coronado Surf Style Surf Style Construction Costs #4/#5 #5 Rev Condo Lease Land Cost 5,000,000 5,700,000 Included N/A Demolition 150,000 150,000 Included N/A RE Closing 52,000 52,000 52,000 N/A RE Commission N/A N/A N/A N/A Contingency 600,000 600,000 600,000 600,000 Parking Hard Cost 5,984,000 6,424,000 15,500,000 N/A Present Value of Future Losses N/A N/A N/A 12,040,000 Soft Cost 760,080 812,880 100,000 100,000 Equipment Cost 350,000 350,000 350,000 350,000 Reinforcement for Expansion N/A N/A Included N/A TOTAL 12,896,080 14,088,880 16,602,000 13,090,000 Bond Financing Proceeds 3,900,000 3,900,000 3,900,000 N/A Capital Contribution 8,996,080 10,188,880 12,702,000 13,090,000 Total Funding 12,896,080 14,088,880 16,602,000 13,090,000 Efficiency Ratio Per Space 429 sq.ft. 340 sq.ft. 449 sq.ft. 449 sq.ft. ASSIIMPTIONS Coronado #4 / #5: (1) 272 spaces (2) Hard construction costs @ $22,000 per space (3) Soft costs 12% of hard costs and include finance, legal and bonding costs. (4) Revenue and expenses based upon consultation between City parking staff and parking consultant (Haahs and Associates (5) Bonding interest rate 6% (6) Bond proceeds determined by amount of debt payments that could be paid out of operating net profit while maintaining a $100,000+ annual profit as well as fund a structural maintenance reserve (7) Bond term is 20 years Coronado #5 (Revised): (1) 292 spaces (2) Hard construction costs @ $22,000 per space (3) Soft costs 12% of hard costs and include finance, legal and bonding costs. (4) Revenue and expenses based upon consultation between City parking staff and parking consultant (Haahs and Associates (5) Bonding interest rate 6% (6) Bond proceeds determined by amount of debt payments that could be paid out of operating net profit while maintaining a $100,000+ annual profit as well as fund a structural maintenance reserve (7) Bond term is 20 years Surf Style Condo Purchase: (1) 294 spaces (2) Cost of necessary deceleration lane on Coronado is NOT included in this comparison. (3) Structurally reinforced to allow for future expansion of an additional 200 spaces. (4) Revenue and expenses based upon Haahs and Associates report with a revenue increase of 10% for better proximity to beach (5) Bonding interest rate 6% (6) Bond proceeds determined by amount of debt payments that could be paid out of operating net profit while maintaining a $100,000+ annual profit as well as fund a structural maintenance reserve (7) Bond term is 20 years Surf Style Lease: (1) 294 spaces (2) 30 year lease (3) Revenue and expenses based upon Haahs and Associates report with a revenue increase of 10% for better proximity to beach (4) Present value of future net operating losses (which include a reasonable profit margin and structural maintenance reserve) are calculated using a 4% return on investment compounded monthly for years 2010 through 2039. (5) Lease would require that the City pay property taxes estimated at $260,000 in year one. (6) Lease cost is $800,000 in year one increased by 20/b/annually (7) Cost of necessary deceleration lane on Coronado is NOT included in this comparison.. Item # 26 Attachment number 2 Page 1 of 5 SOUTH BEACH PARKING GARAGE ALTERNATIVES CHASE ASSEMBLAGE #4 EAST OF CORONADO (0.7 ac.) Financial Summary: City would borrow approximately $3.9 million and fund approximately $9 million from reserves to make sure that the project revenues would be greater than estimated expenditures (including a structural maintenance reserve) and still generate a reasonable net profit. Funding from reserves could come from the $6 million set aside in a project as well as an additional $3 million from the Parking Fund undesignated reserves, which currently exceed $10 million. See attached cost analysis comparison sheet. We have not included the cost of reinforcement for expansion in these amounts. Advantages: • City would own the land & the structure. • City controls design and construction process. • Provides more north-south disbursement of parking as opposed to concentrated in one area. • 15' setback from Coronado & 12' from Hamden will provide Beach By Design landscaping and architectural treatment opportunities. • Design features / amenities (i.e., bike racks, sand rinse off area, holding area for beach accoutrements, etc.) could be incorporated into design. • Choice of one or two separate entrances (Coronado / Hamden). • Could close Coronado entrance depending on impact to traffic flow (would gain 5 additional parking spaces). • All egress is on Hamden. • User friendly (i.e., no large ramps to navigate, elevator lobby area defined, etc.) • Stairwells at NW & SE corners for convenience. Disadvantages: A parking garage with 300 spaces could generate anywhere from 300 to 1200 pedestrians per day crossing Coronado Drive between Second Street and Fifth Street. This could have a major impact on the LOS of Coronado Drive (40,000 vpd peak, 20,000 vpd off-peak) as this number of pedestrians is concentrated in a small section of roadway rather than distributed over the entire beach. This could necessitate the installation of a signal at Second Street, and possibly pedestrian signals at Brightwater Drive and midblock between Brightwater and Second Street. This does not count the already identified signal that will probably be needed at Fifth Street for general traffic control in the not too distant future. The more signal density on a segment of road the lower the LOS. The impact to this traffic flow of safely crossing this many pedestrians per day may be significant in terms of delay and congestion and counterproductive to the intent of Coronado's Item # 26 Attachment number 2 Page 2 of 5 function in Beach by Design, as it is also the main access route for the residents on Sand Key as well as the residents on the south end of the beach. Access to this garage would have to be made by southbound left turns across opposing traffic from the center lane of Coronado Drive and/or from Hamden Drive on the east side of the garage via southbound left turns from Coronado Drive onto Devon Drive against opposing northbound traffic. Requires five levels to accommodate 272 parking spaces. Future upward expansion of this garage to more than 300 spaces would pose problems, as the garage would have to be closed during construction. CHASE ASSEMBLAGE #5R EAST OF CORONADO (1.0 ac.) Financial Summary: City would borrow approximately $3.9 million and fund approximately $10.2 million from reserves to make sure that the project revenues would be greater than estimated expenditures (including a structural maintenance reserve) and still generate a reasonable net profit. Funding from reserves could come from the $6 million set aside in a project as well as an additional $4.2 million from the Parking Fund undesignated reserves, which currently exceed $10 million. See attached cost analysis comparison sheet. We have not included the cost of reinforcement for expansion in these amounts. Advantages: • City would own the land & the structure. • City controls design and construction process. • Provides more north-south disbursement of parking as opposed to concentrated in one area. • 15' setback from Coronado & 12' from Hamden will provide Beach By Design landscaping and architectural treatment opportunities. • Design features / amenities (i.e., bike racks, sand rinse off area, holding area for beach accoutrements, etc.). could be incorporated into design. • Choice of one or two separate entrances (Coronado / Hamden). • Could close Coronado entrance depending on impact to traffic now (would gain 5 additional parking spaces). • All egress is on Hamden. • User friendly (i.e., no large ramps to navigate, elevator lobby area defined, etc.) • Stairwells at NW & SE corners for convenience. • Requires only four levels to accommodate 292 parking spaces. • Site has the best square foot per parking space efficiency ratio. Disadvantages: • A parking garage with 300 spaces could generate anywhere from 300 to 1200 pedestrians per day crossing Coronado Drive between Second Street and Fifth Item # 26 Attachment number 2 Page 3 of 5 Street. This could have a major impact on the LOS of Coronado Drive (40,000 vpd peak, 20,000 vpd off-peak), as this number of pedestrians is concentrated in a small section of roadway rather than distributed over the entire beach. This could necessitate the installation of a signal at Second Street, and possibly pedestrian signals at Brightwater Drive and midblock between Brightwater and Second Street. This does not count the already identified signal that will probably be needed at Fifth Street for general traffic control in the not too distant future. The more signal density on a segment of road the lower the LOS. The impact to this traffic flow of safely crossing this many pedestrians per day may be significant in terms of delay and congestion and counterproductive to the intent of Coronado's function in Beach by Design, as it is also the main access route for the residents on Sand Key as well as the residents on the south end of the beach. • Access to this garage would have to be made by southbound left turns across opposing traffic from the center lane of Coronado Drive and/or from Hamden Drive on the east side of the garage via southbound left turns from Coronado Drive onto Devon Drive against opposing northbound traffic. • Site costs $700,000 more than site #4. • Site contains an approximately 16' x 110' area which is not usable for the garage. • Future upward expansion of this garage to more than 300 spaces would pose problems, as the garage would have to be closed during construction. BRITTS (SURF STYLE) CONDO PURCHASE OPTION Financial Summary: City would borrow approximately $3.9 million and fund approximately $12.7 million from reserves to make sure that the project revenues would be greater than estimated expenditures (including a structural maintenance reserve) and still generate a reasonable net profit. Funding from reserves could come from the $6 million set aside in a project as well as an additional $6.7 million from the Parking Fund undesignated reserves, which currently exceed $10 million. See attached cost analysis comparison sheet. Includes the cost of reinforcement for expansion in that 200 additional spaces are being built at the same time, which can be purchased for an additional $4 million (adjusted by CPI) after 5 years. Advantages: Eliminates problem with pedestrians crossing Coronado Drive to get to the beach. Provides for smooth entry into the garage via a decel lane on Coronado Drive as opposed to queuing in the continuous left turn lane on Coronado Drive and turning left against opposing northbound traffic. Fits the vision of Beachwalk as the day-trippers who use this garage would be able to immediately access Beachwalk and use the Promenades and pedestrian facilities already planned and implemented for the beach goer to get to the sand. Item # 26 Attachment number 2 Page 4 of 5 There is a crosswalk in the Beachwalk development directly in front of the Britts site for access to the beach. Provides for already constructed future expansion of an additional 200 spaces, which the City can purchase after 5 years. Disadvantages: • The City does not have complete control of the design, owners may not be receptive to the City's level of design features / amenities requested (i.e., bike racks, sand rinse off area, holding area for beach accoutrements, etc.). • 14% ramp slope - very steep (Ground level to level 2); exceeds City's proposed code revisions (not to exceed 12%). • Down Ramp to exit - dangerous with 90-degree turn at base of 14% slope. • Would not own and would have to rely on owners for structural maintenance and repairs & unclear what those costs would be. • Elevators are not as visible on the lower levels due to the retail / restaurant use. - could cause user confusion. • Not much space for Beach By Design treatments, landscaping or amenities. • Worst square foot per parking space efficiency ratio. • The Hyatt public parking ingress / egress driveway for 400 public spaces is located immediately north of this site abutting the level 1 parking & delivery truck ingress / egress - possible impact to traffic flow. • Developers request that City fund construction might be problematic. BRITTS (SURF STYLE) LEASE OPTION Financial Summary: City would need to reserve approximately $13 million, which together with interest generated from this reserve would cover the expected annual net loss over the 30-year lease (including a reasonable annual buffer and structural maintenance reserve). Funding of this reserve could come from the $6 million set aside in a project as well as an additional $7 million from the Parking Fund undesignated reserves, which currently exceed $10 million. See attached cost analysis comparison sheet. There is an option to purchase the garage at the end of 30 years at fair market value if the City pays a $2 million non-refundable deposit up front. This cost has not been included in this analysis. Advantages: Eliminates problem with pedestrians crossing Coronado Drive to get to the beach. Provides for smooth entry into the garage via a decel lane on Coronado Drive as opposed to queuing in the continuous left turn lane on Coronado Drive and turning left against opposing northbound traffic. Fits the vision of Beachwalk as the day-trippers who use this garage would be able to immediately access Beachwalk and use the Promenades and pedestrian Item # 26 Attachment number 2 Page 5 of 5 facilities already planned and implemented for the beach goer to get to the sand. There is a crosswalk in the Beachwalk development directly in front of the Britts site for access to the beach. Disadvantages: • The City does not have complete control of the design, owners may not be receptive to the City's level of design features / amenities requested (i.e., bike racks, sand rinse off area, holding area for beach accoutrements, etc.). • 14% ramp slope - very steep (Ground level to level 2); exceeds City's proposed code revisions (not to exceed 12%). • Down Ramp to exit - dangerous with 90-degree turn at base of 14% slope. • Would not own and would have to rely on owners for structural maintenance and repairs & unclear what those costs would be. • Elevators are not as visible on the lower levels due to the retail / restaurant use. - could cause user confusion. • Not much space for Beach By Design treatments, landscaping or amenities. • The above bullets reflect the possibility that this garage may not provide the quality desired. • Worst square foot per parking space efficiency ratio. • The Hyatt public parking ingress / egress driveway for 400 public spaces is located immediately north of this site abutting the level 1 parking & delivery truck ingress / egress - possible impact to traffic flow. Item # 26 Attachment number 3 Page 1 of 2 &Gwp%wdwzC::2 MOW Lam ¦ OiL 17? ui s !' M'r f Item # 26 Attachment number 3 Page 2 of 2 4 _&M damn Full Do -04 ft-24% Iwo d- - - i h? *ARAM &M-M W" Item # 26 Attachment number 4 Page 1 of 1 WS&EWPAMON CW"WFLNW ? ? - 'Z x a ? - e ra rlu t- 1 r, i . r 11I a 4 '?. r< h :_ ?? fir. v k ?n ?n ?']F ? 'i ??h166 A,7- 1Y"' 3 A 4 ?=t; 1 , ?.? ly 1 Il?r ?. IQln "c ul 4 RAF" F, !?777777 * 77. 771 =7 Item # 26 Attachment number 5 Page 1 of 1 EGIONS September 11, 2008 Mr. Rod Irwin Assistant City Manager for Economic Development Re: Surf Style Retail Management, Inc., EDY, Inc., L.O.M., Inc. Group Dear Sir: It is with pleasure that we provide you this letter on behalf of our client with whom we have an excellent relationship for more than 8 years. Our current credit Facilities to the Group exceeds $29 million. One of the present outstanding Facilities is to L.O.M., Inc. which is a mortgage loan for a parcel located at 309-315 South Gulfview Boulevard, Clearwater, Florida. The current loan balance is $2.7 million. Regions Bank has a First position mortgage on the property and there are no other mortgages listed. We have received financial information for a proposed mix use commercial/public parking garage on the L.O.M. property and are reviewing the information to determine the Bank's consideration of the project. As always, we are interested in pursuing opportunities presented by the Surf Style/EDY Group. Please feel free to contact the undersigned for any questions regarding our good client. Sincerel4Ra Pecto-r ez S enior Vice President Cc: Gilad Ovaknin, Surf Style Retail Management, Inc. Item # 26 Work Session Council Chambers - City Hall Meeting Date:9/15/2008 SUBJECT / RECOMMENDATION: Approve amendments to Sections 2.061 through 2.069, Advisory Board Generally and delete Article 2, Divisions 3 and 4, Beautification Committee and Community Relations Board in their entirety and pass Ordinance 8003-08 on first reading. SUMMARY: Earlier this year the Council reviewed the general sections of the code regarding advisory boards. The majority of the Council directed that term limits for advisory board members be removed. Additional changes are being made to change "commission" to "council" and to clarify language. Also, due to the state statute requiring a member of the Neighborhood and Affordable Housing Board be from the local planning agency, an exception to the provision that a person may not serve on more than one board is being added to allow a person to serve on NAHAB and CDB. The proposed ordinance also deletes the Beautification Committtee and Community Relations Board. Maintaining members for these two boards has been extremely difficult and neither board has met in over a year. The Beautification Board has essentially outlived its usefulness. Several years ago the Community Relations Board's responsibility to investigate charges of housing and employment descrimination was transferred to the County and since that time there has been little need for the board to meet. Review 1) Equity Services 2) Parks and Recreation 3) Official Records and Legislative Services 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 27 Attachment number 1 Page 1 of 7 ORDINANCE NO. 8003-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 2, ARTICLE III, CODE OF ORDINANCES, RELATING TO APPOINTED AUTHORITIES, BOARDS, COMMITTEES; UPDATING LANGUAGE TO REFER TO "CITY COUNCIL" AND MAKING OTHER CLERICAL CORRECTIONS; AMENDING SECTION 2.063 REGARDING QUALIFICATIONS AND APPOINTMENT OF MEMBERS; AMENDING SECTION 2.064 REGARDING TERMS OF MEMBERS; AMENDING SECTION 2.069 REGARDING RESIGNATION OF MEMEBERS; REPEALING DIVISION 3, BEAUTIFICATION COMMITTEE AND DIVISION 47 COMMUNITY RELATIONS BOARD; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 2, Article III, Division I, Code of Ordinances, is hereby amended as follows: DIVISION 1. GENERALLY Sec. 2.061. Application of article; definitions. (1) The provisions of this article shall apply to all appointive boards of the City, except as otherwise provided in this Code. (2) As used in this article: (a) "Board of the City" or "board" means a board, committee, authority, or other entity established by an ordinance or resolution adopted by the city council or by a special act of the Florida Legislature relating solely to the city, and for which the city council has the authority to establish the qualifications for membership. The term does not include an agency of the state or of the county, or an agency established by interlocal agreement, notwithstanding that the city ^nmmiccinn council may appoint one or more members to the board of such agency. (b) "Resident" means a natural person who resides within the City of Clearwater for not less than six months in each calendar year. Ordinance No. 8001$M # 27 Attachment number 1 Page 2 of 7 Sec. 2.062. Establishment of new boards. New boards shall be established by ordinance at the discretion of the city nnmmiccinn council. An ordinance establishing a board shall also establish the duties of the board and the qualifications of its members. Sec. 2.063. Qualifications and appointment of members. (1) In addition to other qualifications which may be specified for board membership, a person appointed to a board shall be a resident of the city at the time of appointment and shall maintain residency within the city during the term of the appointment as a condition of eligibility to hold office. No employee of the city shall be appointed to membership on a board of the city. As exceptions to the requirements of this section: (a) The Community Relations -Reard shall appointed as provided i=n SQrtinn 2.121. {bI (a) The Firefighters Relief and Pension Fund Board of Trustees shall be appointed or elected as provided in Section 2.443. {c4 (b) The Firemen's Pension Fund Board of Trustees shall be elected or, in the case of the mayor and chief of the fire department, assume office as provided in Section 4 of Article I of the Related Laws of the City, derived from Chapter 30658, Laws of Florida, Special Acts (1955), or as may be amended from time to time. 0) The Gas Fitter's Examining Board shall be appointed as provided in the Gas Code of the City of Clearwater, Florida, 1965, as adopted by Ordinance 1070 on December 6, 1965, or as may be amended from time to time. {? The Pension Fund Pension Advisory Committee shall be elected as provided in Section 2.395(24ALdl. 44 The Police Officers Pension Trust Fund (also known as the Supplementary Police Officers' Retirement Fund) Board of Trustees shall be appointed or elected as provided in Section 2.473(1). {M The Brownsfields Advisory Board shall be appointed as provided in section 2.241. {- The Clearwater Housing Authority shall be allowed to appeint have members that are residents of Pinellas County who are employed within the city limits. This exception shall be limited to not more than two members serving concurrently. {+)-L?LThe persons appointed to the Neighborhood and Affordable Housing Advisory Board need not be residents of the city as long as they meet the qualifications set forth in Section 2.226(2), except 2 Ordinance No. 80MM # 27 Attachment number 1 Page 3 of 7 that the person referenced in Subsection 2.226(2)9. must be a resident of the city. (2) Any person appointed to any board of the city shall be appointed by the city council in the following manner: (a) Any person meeting the qualifications of office and wishing to serve on a board shall submit his or her name and a brief resume to the city clerk. (b) The city clerk shall notify the city council in writing, of upcoming vacancies on the boards, and shall provide to the city ?emmiccinn council the names and brief resumes of the persons who have expressed an interest in serving on each board having a vacancy. (c) At the first regular city ^mmiccinn council meeting each month, appointments will be made by the ^mmiccinn council to fill the vacancies. (d) Board members whose terms have expired shall continue to serve until their successors are appointed. (e) When a vacancy due to resignation, removal, or death is filled, the appointment of a replacement member shall take effect on the date of appointment, except as may otherwise be provided by state law. A vacancy due to expiration of a term shall be filled approximately 30 days in advance, with the appointment effective as of the beginning of the next term. Sec. 2.064. Terms of members. (1) Except as may be required by state law, and notwithstanding any other provision of this code or a resolution of the city council to the contrary, a term of office on any board shall be for four years. This provision shall not apply to any member of any board who is presently serving a term of greater or less than four years until the expiration of such term, but this provision shall apply upon the expiration of the current term of each such member. (2) Ale nercen Shall SePie mere than tWG nenSeni itiVe fi ill terms nn ani No person shall serve concurrently on more than one board unless the second board is an ad hoc board, except that a person may serve concurrently on both the Neighborhood and Affordable Housing Advisory Board and the Community Development Board. that Person shall not be eligible f t.M.R-nt to thR $;;;MR howd for length of time eq ial to nee fi ill term An +he hearr! ea. d. 3 Ordinance No. 80MM # 27 Attachment number 1 Page 4 of 7 Sec. 2.065. Compensation of members. Board members shall serve without compensation except as may be provided by ordinance or resolution of the nnmmiccinn council. Sec. 2.068. Staff members and other ex officio members. (1) The city manager shall appoint a staff member to serve as a liaison with each of the boards established by the city council. City employees shall provide support for a board upon invitation only or as their official duties may require. (2) The city council shall designate a person between the age of 17 and 22 years who may or may not be an active student to serve as a member of each of the following boards: The Gnmm„ni+„ rolotinnc beard, parks and recreation board, library board and sister city board hoof i?ifino?inn nnmmi??oo Sec. 2.069. Resignation of members. Members of boards may resign at any time. 0 member wh„ resigns Will not be eligible fer appeint.m.e-nt to the same heard fer a per ed of time equal to a fi ill term of +ho+ hnorr! Section 2. Chapter 2, Article III, Division 3, Beautification Committee, Code of Ordinances, reading as follows, is hereby repealed and shall be of no further force and effect: DIVISION 3. BEAUTIFICATION COMMITTEE Sec. 2.101. Creation. There is hereby created a beautification committee. Sec. 2.102. Composition. The beautification committee shall be composed of five members who shall be residents of the city. Sec. 2.103. Terms of members. The members of the beautification committee shall have four-year staggered terms, staggered such that not more than three terms shall expire in any calendar year. 4 Ordinance No. 8001$M # 27 Attachment number 1 Page 5 of 7 Sec. 2.104. Powers and duties. The beautification committee shall encourage the beautification and aesthetic enhancement of the city, review selected city projects, advise the city manager and other municipal officials regarding such projects, and submit reports of its recommendations to the city commission. Section 3. Chapter 2, Article III, Division 4, Community Relations Board Code of Ordinances, reading as follows, is hereby repealed and shall be of no further force and effect: DIVISION 4. COMMUNITY RELATIONS BOARD Sec. 2.121. Creation; composition. (1) The community relations board is hereby created and shall be composed of five citizens of the city, appointed by the city commission to serve for terms of four years, staggered such that not more than two terms shall expire in any calendar year. In addition to minority representation on such board, the board shall have one non-voting member representing the Clearwater Police Department, and shall be chosen to ensure representation for varying diverse ages, races, genders, religious backgrounds, etc. (2) Members' terms shall be set up on an overlapping basis and members may not be appointed to serve more than two consecutive terms. Vacancies shall be filled in the same manner as the original appointments. Each member shall serve without compensation and may be removed without cause by the city commission at any time. Members of the community relations board shall appoint a chairperson and vice-chairperson and the board may promulgate rules and regulations for the conduct of its meetings and affairs. Sec. 2.122. Officers. (1) The chairperson of the community relations board serves for a term of two years and has the following duties: (a) Call board meetings and set the agenda for the same; (b) Preside at board meetings; (c) Appoint one or more panels of not less than three board members to exercise board powers, as provided in section 2.125; (d) Appoint and define the role of such committees as are necessary or expedient to advise the board or its director; (e) Perform such other functions as the board may assign by rule or order. (2) The vice-chairperson serves for a term of two years, the term to run concurrently with that of the chairperson. The vice-chairperson performs the duties of the chairperson in the chairperson's absence and performs other such duties as the chairperson may assign. (3) If a vacancy occurs in the office of chairperson, the vice-chairperson shall become the chairperson for the unexpired term of the chairperson. If a vacancy 5 Ordinance No. 8001$M # 27 Attachment number 1 Page 6 of 7 occurs in the office of vice-chairperson, the board will select another member to fill the unexpired term of the vice-chairperson. Sec. 2.123. Meetings. (1) The community relations board shall be required to hold at least four meetings each year and may meet more frequently. Notice of the time and place of the meeting shall be given to all board members and all parties scheduled to be heard, and shall be made public. The chairperson may call an unscheduled meeting, and meetings may also be called by written notice signed by three members of the board. All meetings shall be public. The city manager shall provide such staff as may reasonably be required in his discretion to assist the board in the performance of its duties. The city manager shall provide a regular meeting place for the board. (2) A majority of the active members or not less than three members of the board shall constitute a quorum for the conduct of board business. A majority of the members of a panel or committee shall constitute a quorum for the conduct of business assigned to a panel or committee. In the presence of a quorum, board or panel business shall be conducted by a majority vote. Sec. 2.124. Objectives. (1) The objectives of the community relations board shall be to: (a) Promote and encourage fair treatment and equal opportunity for all persons regardless of race, creed, color, sex, national origin, age, disability, or marital status, and mutual understanding and respect among members of all economic, social, racial, religious, and ethnic groups and shall endeavor to eliminate discrimination against and antagonism between religious, racial and ethnic groups and their members; (b) Cooperate with governmental and nongovernmental agencies and organizations having like or kindred functions; (c) Make such investigations and studies in the field of human relations as in the judgment of the board will aid in effectuating its general purposes; (d) Assist various groups and agencies of the community to cooperate in educational programs and campaigns devoted to the elimination of group prejudices, racial tension, intolerance, disrespect for diversity, or discrimination; (e) Aid in permitting the city to benefit from the fullest realization of its human resources; and (f) Recommend that the city accept grants and contracts from foundations and other sources for the purpose of carrying out the above-listed functions, subject to the approval of the city manager. (2) The objectives set forth in subsection (1) of this section are not to be construed as duties and the board shall have the discretion to determine when each objective is implemented. Sec. 2.125. Powers and duties. The powers and duties of the community relations board shall be to- 6 Ordinance No. 8001$M # 27 Attachment number 1 Page 7 of 7 (1) Develop and implement programs/materials, and the fostering of mutually beneficial relationships, through the Human Relations Department, in order to facilitate the reduction of prejudice and tension in relation to all matters involving race, creed, color, sex, national origin, age, disability, or marital status and disorder occasioned thereby. (2) Propose reasonable rules and regulations as are necessary to effectuate the policies of this chapter. Such rules and regulations shall become effective upon approval by the city commission. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 7 Ordinance No. 8001$M # 27 Work Session Council Chambers - City Hall Meeting Date:9/15/2008 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7929-08 on second reading, amending Appendix A, Article 25 regarding Solid Waste rolloff container fees. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 28 Attachment number 1 Page 1 of 3 ORDINANCE NO. 7929-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SCHEDULE FOR SOLID WASTE COLLECTION SERVICES; AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, ARTICLE XXV, PUBLIC WORKS-FEES, RATES AND CHARGES, SECTION; (5)(b) SOLID WASTE ROLL-OFF CONTAINER SERVICE, CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is determined to be fair and reasonable to establish fees, rates and service charges based on the cost to serve the various classes of customers; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A, Article XXV, PUBLIC WORKS-FEES, RATES AND CHARGES, Section 5(b), Clearwater Code of Ordinances, is hereby amended as follows: XXV. PUBLIC WORKS-FEES, RATES and CHARGES (§ 32.068) (5) Other miscellaneous charges. ***** ***** (b) Solid waste roll-off container service (ii) Public service fees: ********** ********** (2) Pull charges. A pull being the hauling, dumping and returning of a roll-off container one round trip in the City of Clearwater. In the City of Clearwater Compactors in Other Roll-offs in Effective 10/1/2008: service before service after 06/30/05 07/01/05 a. 10 or 20 yard, per pull $97.55 $107.81 b. 30 yard, per pull 102.69 112.94 Ordinance No. 7929-ttli?m # 28 Attachment number 1 Page 2 of 3 c. 40 yard, per pull 107.81 118.09 Compactors in Other Roll-offs in Effective 10/1/2009: service before service after 06/30/05 07/01/05 a. 10 or 20 yard, per pull $101.94 $112.66 b. 30 yard, per pull 107.31 118.02 c. 40 yard, per pull 112.66 123.40 Compactors in Other Roll-offs in Effective 10/1/2010: service before service after 06/30/05 07/01/05 a. 10 or 20 yard, per pull $106.53 $117.73 b. 30 yard, per pull 112.14 123.33 c. 40 yard, per pull 117.73 128.95 Outside the City Limits of Clearwater and within Pinellas County Compactors in Other Roll-offs in Effective 10/1/2008: service before service after 06/30/05 07/01/05 d. 10 or 20 yard, per pull $112.18 $126.13 e. 30 yard, per pull 118.09 132.14 f. 40 yard, per pull 123.99 138.14 Compactors in Other Roll-offs in Effective 10/1/2009: service before service after 06/30/05 07/01/05 d. 10 or 20 yard, per pull $117.23 $131.81 e. 30 yard, per pull 123.40 138.09 f. 40 yard, per pull 129.57 144.36 Effective 10/1/2010: Compactors in Other Roll-offs in Ordinance 7P2ft# 28 Attachment number 1 Page 3 of 3 service before 07/01/05 service after 06/30/05 d. 10 or 20 yard, per pull $122.51 $137.74 e. 30 yard, per pull 128.95 144.30 f. 40 yard, per pull 135.40 150.86 Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECTION AND FINAL READING AND ADOPTED Approved as to form: Camilo A. Soto Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance 7P2ft# 28 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:9/15/2008 Adopt Ordinance No. 7950-08 on second reading, making amendments to the Comprehensive Plan of the City by amending the utility element to update the City of Clearwater's Water Work Plan in accordance with the updated Southwest Florida Water District's Regional Water Supply Plan. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 29 Attachment number 1 Page 1 of 9 ORDINANCE NO. 7950-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY AS ADOPTED ON MAY 18, 2000 AND AMENDED ON JULY 12, 2001, OCTOBER 7, 2004, OCTOBER 20, 2005, DECEMBER 15, 2005, AUGUST 14, 2007, AND FEBRUARY 21, 2008; BY AMENDING THE UTILITY ELEMENT; IN ACCORDANCE WITH SECTIONS 163.3177, 163.31847 163.3187 OR 163.3189, FLORIDA STATUTES, TO UPDATE THE CITY OF CLEARWATER'S WATER WORK PLAN IN ACCORDANCE WITH THE UPDATED SOUTHWEST FLORIDA WATER DISTRICT'S REGIONAL WATER SUPPLY PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE; WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the City of Clearwater adopted a Comprehensive Plan on May 18, 2000 by Ordinance Number 6522-00; and WHEREAS, the City Council approved Ordinance Number 6794-01, which amended the Comprehensive Plan of the City on July 12, 2001; and WHEREAS, the City Council approved Ordinance Number 7295-04, which amended the Comprehensive Plan of the City on October 7, 2004; and WHEREAS, the City Council approved Ordinance Number 7388-05, which amended the Comprehensive Plan of the City on October 20, 2005 and December 15, 2005; and WHEREAS, the City Council approved Ordinance Number 7782-07, which amended the Comprehensive Plan of the City on August 14, 2007; and WHEREAS, the City Council approved Ordinance Number 7870-07, which amended the Comprehensive Plan of the City on February 21, 2008; and WHEREAS, the City is making these changes to the Comprehensive Plan in accordance with statutory requirements; and WHEREAS, amendments to the Comprehensive Plan of the City have been prepared in accordance with the applicable requirements of law, after conducting the Ordinance No teW*29 Attachment number 1 Page 2 of 9 appropriate planning analysis, and public participation through public hearings, opportunity for written comments, open discussion and the consideration of public and official comments; and WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comments, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendment to the Clearwater Comprehensive Plan attached hereto as Exhibit "A" is hereby adopted. Section 2. Severability. If any section, provision, clause, phrase, or application of this Ordinance shall be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining provisions shall be deemed severable therefrom and shall remain in full force and effect. Section 3. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3177, 163.3184, 163.3187 or 163.3189, F.S., as amended. PASSED ON FIRST READING May 15, 2008 Ordinance 7950-08 Item # 29 Attachment number 1 Page 3 of 9 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank Hibbard Mayor-Councilmember Attest: Cynthia E. Goudeau City Clerk Ordinance 7950-08 Item # 29 Attachment number 1 Page 4 of 9 EXHIBIT A ATTACHMENT TO ORDINANCE 7950-08 AMENDMENT - UTILITY ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Goal 21 of the Utility Element of the Comprehensive Plan, as follows: POTABLE WATER AND NATURAL GROUND WATER AQUIFER RECHARGE 21. GOAL - PROVIDE, DEVELOP, AND MAINTAIN A PERMANENT POTABLE WATER SUPPLY SYSTEM TO MEET ANTICIPATED DEMAND WHILE PROVIDING MAXIMUM PRACTICAL PROTECTION TO THE ENVIRONMENT AT A COST CONSISTENT WITH THE PUBLIC'S ABILITY AND WILLINGNESS TO PAY. 21.1 Objective - To maintain adequate Levels of Service for existing and future populations through the year 2018 2010. 21.2 Objective - Provide adequate quantities and qualities of water service to all customers of the Clearwater service area. Current service level (July, 2007 1999) is 40,390 53,430 customer accounts (potable, reclaimed and fire). Policies 21.2.1 Ensure that land development regulations, building codes and City ordinances adequately address water system provisions by performing a thorough evaluation of City codes and by coordinating proposed provisions with the Southwest Florida Water Management District, apd Florida Department of Environmental Protection, Pinellas County, and Tampa Bay Water. 21.2.2 The Engineering o, -h';^ IA'lerks DepammeR shall analyze the condition and adequacy of any water distribution system that the City may inherit through annexation and prepare cost estimates for upgrading those systems to meet City requirements. 21.2.3 When new subdivisions are being developed, it shall be the responsibility of the developer to provide internal potable water and reclaimed water systems which are constructed to City specifications. 4 Ordinance 7950-08 Item # 29 Attachment number 1 Page 5 of 9 21.2.5 Continue to dDevelop a system and construct improvements which will conserve energy, water, and other valuable resources. 21.2.6 The City shall continue to participate with and assist Tampa Bay Water, the Southwest Florida Water Management District, Pinellas County Health Department, and the U.S. Environmental Protection Agency in developing innovative techniques to augment existing water supplies to provide for future needs. 21.2.7 Continue to identify, acquire, and develop sources of water supply and methods of water treatment to meet existing and future needs. Some ways this can be accomplished are through well rehabilitation projects and/or exploration and drilling of new wells. Some type of water treatment may be initiated. Additional volumes of water may be acquired from the Pinellas County Water System through Clearwater's intergovernmental water service agreement. The City's long range Water Master Plan updated in 2008 shall serve as the guiding document for water supply and treatment methods. rer--emme-ndatiens have TeGentIcP-.A subm.ied in a Study nn Inns Panne water supply anr! 4rea4men4 21.2.8 Encourage the development of local and regional water supplies within the jurisdiction of the Southwest Florida Water Management to avoid transporting surface water across other district boundaries. 21.2.9 21- 2 Ensure that water management projects are designed and operated to maintain and enhance natural systems as well as man made systems by working closely with the Southwest Florida Water Management District when proposing new projects and water management programs. The City's long term Water Supply Master Plan outlines a work plan for continued coordination with the Southwest Florida Water Management District's Regional Water Supply Plan adopted in December 2006. 21.2.10 ?1-Z?9 Water service shall not be extended to properties outside the City's service area unless sufficient capacity and quality of water exists to serve the areas already committed to City service. 21.2.11 21 ? in Water service shall not be extended except in those areas so designated for City of Clearwater by interlocal or other agreement. 5 Ordinance 7950-08 Item # 29 Attachment number 1 Page 6 of 9 21.3 Objective - Continue to maintain the water system in a safe, sound, and efficient manner on a daily basis. Policies 21.3.1 The Public Utilities Department R Works Adminictratinn Water Division, shall monitor water quality and the operation of the water distribution system with the intent of repairing and replacing deficient portions of the system within the framework of the capitalized budgeting process. 21.4.5 The City shall continue to refine the inverted rate structure for residential water meters, lawn meters and all other water meters permitted by the Water Division of the Public Utilities Department VVnrks- Orlministratinn 21.4.6 Encourage partnerships among federal, state, local governments, and the private sector that would identify and build needed potable water facilities and allocate such facilities costs among the partners in proportion to the benefits accruing to each of them. 21.5 Objective - Continue to dsevelop a potable water system that is compatible with the environment and seeks to conserve and protect sensitive natural resources. Policies 21.5.1 Except for areas of the City where reclaimed water is available, shallow wells shall be recognized as a source of water for irrigation purposes. Establish a City permit for shallow well installation by the end of 2008. 21.5.2 The City's building code shall bee me-d-ifieed to include the requirement for water conserving fixtures in newly constructed or remodeled buildings. 21.5.5 The City of Glearwat r shall maintain its current Water Restriction Ordinance. 6 Ordinance 7950-08 Item # 29 Attachment number 1 Page 7 of 9 21.5.7 Reclaimed water service will continue to be extended to private residences based on the Twenty (20) Year Reclaimed Water Master Plan. 21.5.8 The Citv will continue to develop strateaies aimed at reducin potable water consumption by means such as water conservation rates, conservation codes, operational measures, rebate and plumbing retrofit programs, landscape and irrigation efficiency programs, research and evaluation, and re-use alternatives. 21.5.9 The City will expand, in coordination with other stakeholders, educational programs to promote water conservation measures. 21.6 Objective - Continue to aAchieve effective coordination with other government agencies to solve problems of an extraterritorial nature with cooperation and in conjunction with the Southwest Florida Water Management District. 21.6.2 Continue to cooperate with the Southwest Florida Water Management District and Tampa Bay Water in developing environmental and hydrologic data that will identify safe and reliable potable water yields in existing and future well-fields. 21.6.3 Continue to coordinate with appropriate local, State, regional and Federal agencies in implementing the water system plan. 21.6.5 Ensure consistencv with the actions defined within the Reaional Water Supply Plan Prepared by the Southwest Florida Water Management District. 21.6.6 The City will maintain a Water Supply Facilities Work Plan that is consistent with the Southwest Florida Water Manaaement District's Water Supply Plan by updating the work Plan within 18 months of an update to the District's Regional Supply Plan that affects the Citv. 21.7 Objective - Continue to protect all natural recharge areas having functional hydrological characteristics. Ordinance 7950-08 Item # 29 Attachment number 1 Page 8 of 9 21.7.2 The City of Glearwat9r shall include incentives in the Community Development Code for the protection of natural groundwater aquifer recharge areas as identified in the Conservation Element of the Clearwater Comprehensive Plan. 21.7.3 The City shall continue to protect groundwater quality by enforcing the Wellhead Protection Ordinance within the area specified on Map D-2. Guidelines and criteria for protection of potable water wellfields include: 1. Issuance of a Permit a) A wellhead arotection aermit shall be obtained from the engineering director for any new business, commercial, industrial or other nonresidential activity on property within the city if any portion of the subject property is within 1,000 feet of a potable water well. New residential construction on property located within the city should also obtain a permit if any portion of the subject property is within 100 feet of potable water well. 2. Permit Requirements: (a) Activities within a 1,000-foot radial distance around a potable water supply well shall conform to the reauirements of Chanter 62-521. F.A.C.. Wellhead Prntectinn (b) Activities defined as potentially high risk to ground water quality in Chapter 62-555.312, F.A.C. shall not be permitted within 100 feet of an existing potable water supply well. c) Activities defined as a moderate risk to ground water quality in Chapter 62-555.312, F.A.C. shall not be permitted within 50 feet of an existing potable water supply well. (d) If any contaminating material is proposed to be used or stored for anv business. commercial. industrial or other nonresidential use within 1,000 feet of a potable water supply well, a protection- containment plan shall be submitted. If any contaminating material is proposed to be used or stored for residential use within 100 feet of a potable water supply well, a protection-containment plan shall be submitted. Ordinance 7950-08 Item # 29 Attachment number 1 Page 9 of 9 (e) A wellhead protection permit application shall at a minimum include a location map of the potable water well and 1,000 feet surrounding the well, plans for the proposed development or expansion/change of an existing use (if applicable), the location and identification of existing uses in a 1,000-foot zone for a commercial use application or a 100-foot zone for a residential use application, a listing of any contaminating material to be used or stored on the site and a protection-containment plan if necessary. 3. Permit Review (a) In reviewing a protection-containment plan submitted by an applicant for a wellhead protection permit, the following factors shall be considered when determining the sufficiency of the plan: 1) The amount. character and intended use of the contaminating material involved; (2) Storage, conveyance and handling techniques to be employed by the applicant; (3) The extent of any propensity to spill, break, lose or discharge contaminating material; (4) The type of containment devices to be employed; (5) The extent of employee safety training and practices; and (6) Any other consideration appropriate to the protection of the wellhead. (b) No wellhead protection permit shall be issued unless the arotection-containment clan and aermit application fully addresses all contamination and safety matters to the satisfaction of the engineering director. A wellhead protection permit may be issued subject to conditions related to the protection of the public potable water supply. Ordinance 7950-08 Item # 29 Work Session Council Chambers - City Hall Meeting Date:9/15/2008 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7984-08 on second reading, amending Chapter 2, Article IV, Division 4, Code of Ordinances, regarding employee travel. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 30 Attachment number 1 Page 1 of 3 ORDINANCE NO. 7984-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, ARTICLE IV, DIVISION 4, RELATING TO TRAVEL BY OFFICERS AND EMPLOYEES; AMENDING SECTION 2.321, DEFINITIONS; AMENDING SECTIONS 2.322, 2.325, 2.326, AND 2.328, REGARDING PROVISIONS ON AUTHORITY TO INCUR TRAVEL EXPENSES, SUBSISTENCE ALLOWANCE, ROUTE AND METHOD OF TRAVEL, AND USE OF PRIVATELY OWNED VEHICLES; REPEALING SECTION 2.327, TRAVEL BY COMMON CARRIER WHEN PAID FOR BY TRAVELER; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Code of Ordinances Chapter 2, Article IV, Division 4, Travel, is hereby amended as follows: DIVISION 4. TRAVEL Sec. 2.321. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: /Igen^„ aRd „„h?;^ agen^., City means the city and any officer, department, agency, division, subdivision, board, bureau, commission, authority and any other separate unit of government of the city. 4gen^v head and heed of the ageni+v mean the highest noli^v_making authority of a Authorized person means: (a) A person other than a public officer or employee, whether elected or not, who is authorized by °n ageRGY hthe city manager or department director or their designees to incur travel expenses in the performance of his/her official duties; (b) A person who is called upon by an agency the city to contribute time and services as consultant or advisor; (c)A person who is a candidate for an executive or professional position. Authorized travel means travel on official business of the city, including but not limited to travel to a convention or conference serving a direct public purpose for the benefit of the cLt , when approved by the ageRGY head city manager or department director or their designees. Item # 30 Attachment number 1 Page 2 of 3 Employee and public employee means an individual other than an e#fise a ublic official or authorized person who is filling a regular or full-time authorized position and is responsible to aR ageRG Y "the city manager or department director. Sec. 2.322. Authority to incur travel expense. (1) All travel must be authorized and approved in advance by the respective department director or designee in his/her absence. Additionally, all travel outside of the State of Florida and travel by department directors must be approved in advance by the city manager or designee assistant city manager. (2) The uniform travel authorization form will be used by all public officers, employees and authorized persons when requesting travel authorization. (21 3) Travel expense shall be limited to those expenses necessarily incurred in the performance of a public purpose authorized by law to be performed by the agency t r and must be within the limitations prescribed by this section. (3 4) Travel expense of public employees for the sole purpose of taking merit system or other job placement examinations, written or oral, shall not be allowed under any circumstances, except that upon prior written approval of the city manager or designee, candidates for executive or professional positions may be allowed such travel expense pursuant to this section. Sec. 2.325. Rates of subsistence allowance. (d) Reimbursement. No traveler shall be reimbursed for any meal or lodging included in a convention or conference fee or otherwise paid by the city. If a traveler cannot take advantage of a provided meal due to public purposes or the meal does not meet the dietary requirements of the traveler, the traveler will be reimbursed at the lesser of actual cost or the GSA rates for M&IE. Receipts are required for reimbursement for the substituted meal Sec. 2.326. Route, method of travel. (1) All travel must be by a usually traveled route. When it is by an indirect route for the traveler's personal convenience, any extra cost is to be borne by the traveler and reimbursement for expense shall be based only on such charges as would have been incurred by a usually traveled route. (2) The ageRG Y head department director or designee shall designate the most economical method of travel for each trip, keeping in mind the following conditions: (a) The nature of the business; (b) The most efficient and economical means of travel, considering the time of the traveler, cost of transportation and per diem or subsistence required; Item # 30 Attachment number 1 Page 3 of 3 (c) The number of persons making the trip and the amount of equipment or material to be transported. Sec. 2.328. Use of privately owned vehicles. (1) The use of privately owned vehicles for official travel on liew of publiGly owned VR-110 GIeS OF nnmmnn nAFFOR c may be authorized by the ageRGY head city manager or department director or their designees if a publicly owned vehicle is not available. Whenever travel is by privately owned vehicle, the traveler shall be entitled to a mileage allowance at a fixed rate not to exceed the standard mileage rate currently permitted by the Internal Revenue Service. Except for the mileage allowance, tolls and parking fees, reimbursement for expenditures related to the operating, maintenance and ownership of the vehicle shall not be allowed when privately owned vehicles are used on public business. (2) All mileage shall be shown from point of origin to point of destination and, when possible, shall be computed on the basis of the current state road department map. (3) Monthly private auto allowance may be given to employees under certain circumstances. Section 2. Section 2.327, reading as follows, shall stand repealed and shall be of no further force and effect: Sec. 2.327. Travel by common carrier when paid for by traveler. Transportation by common carrier when traveling on official business and paid for personally by the traveler shall be substantiated by a receipt therefore. Federal tax shall not be reimbursable to the traveler, except when unforeseen circumstances require that travel arrangements must be paid for by employees, and then only after approval of the city manager. Section 3. This ordinance shall take effect October 1, 2008. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 30 Work Session Council Chambers - City Hall Meeting Date:9/15/2008 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7997-08 on second reading, amending the Community Development Code to adopt criteria by which sandwich board signs may be permitted in certain areas, providing a fee for such signage, and making other minor editorial changes. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 31 Attachment number 1 Page 1 of 4 ORDINANCE NO. 7997-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO ADOPT CRITERIA BY WHICH SANDWICH BOARD SIGNS MAY BE PERMITTED IN CERTAIN AREAS, PROVIDE A FEE FOR SUCH SIGNAGE, AND TO MAKE OTHER MINOR EDITORIAL CHANGES BY AMENDING SECTION 3-1803.1, TO PROVIDE AN ADDITIONAL EXCEPTION TO THE "PROHIBITED SIGNS" LIST FOR SUCH SIGNS; AMENDING SECTION 3-1806.13, TO ADD A NEW SUBSECTION 7, SANDWICH BOARD SIGNS, TO PROVIDE FOR PLACEMENT OF SANDWICH BOARD SIGNS IN CERTAIN AREAS; AMENDING SECTION 8-102, DEFINITIONS, BY ADDING A DEFINITION FOR TRADITIONAL URBAN CORRIDOR; AMENDING APPENDIX A, SCHEDULE OF FEES, RATES, AND CHARGES, TO PROVIDE A FEE FOR SANDWICH BOARD SIGNS; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE AND FOR EXPIRATION AND REPEAL ONE YEAR FROM DATE OF ADOPTION. WHEREAS, sandwich board signs have been determined on a trial basis and in limited circumstances to be desirable to permit in the City of Clearwater pursuant to Community Development Code Section 3-1806.B.7; and WHEREAS, the City adopted Community Development Code Section 3-1806.13.7 in order to allow limited placement of sandwich board signs for properties abutting public rights-of- way, and providing certain criteria; and WHEREAS, the Cleveland Street Streetscape Project is now complete, and it has been determined that on a trial basis and in limited circumstances it is desirable to allow the signs to continue to be present on a temporary basis not to exceed one additional year, in order to promote economic development and business activities in this developing area; and and WHEREAS, said one year shall commence upon the date of adoption of this ordinance; WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Council has fully considered the recommendations of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 3, "Development Standards", Division 18, "Signs", Section 3- 1803, "Prohibited Signs", is hereby amended as follows: Ordinance NoltM7961 Attachment number 1 Page 2 of 4 Section 3-1803. Prohibited signs. The following types of signs are prohibited: ********** Sandwich board signs, except as provided in Section 3-1805.Y and 3-1806.13.7. Section 2. That Article 3, "Development Standards", Division 18, "Signs", Section 3- 1806.13.7, is hereby established to read as follows: Section 3-1806. Permitted signs requiring development review. ********** B. Non-residential. ********** 7. Sandwich board signs. No more than one sandwich board or "A" frame type signs may be placed adjacent to or upon public rights-of-way in front of a business location along traditional urban corridors within the Downtown (D) District in accordance with the following criteria: a. Sandwich board sians may be disolaved on the sidewalk onlv durina hours of operation of the business and within the linear frontage of the specific business location being advertised. Under no circumstance shall the sandwich board sign be stored exterior to the business location; b. The size of any sandwich board sign shall not exceed 42 inches in height, 24 inches in width; C. No sandwich board sign shall be placed so as to block any public way, or within the visibility triangle of intersections or driveways. Placement may not reduce sidewalk width to less than four feet clear area. Placement may not impede ingress or egress from a business entrance nor block access or visibility of a fire hydrant; d. The sandwich board sign shall be of a non-illuminated, freestanding, two-sided design comprised of metal, wood or synthetic materials such as chalkboard. The sign shall not be made from plastic or use plastic lettering, and shall not include a whiteboard; e. The sandwich board sign shall be professionally designed and may use shapes and forms indicative of the type of business and the services being advertised; Design must be reviewed and approved before placement. Placement prior to approval will not necessitate approval of the application as submitted; g. The sandwich board sign may not be attached to any structure or pole, and may not include any moving parts or attachments, including but not limited to: balloons. pennants and streamers. However. attachable items such as a 2 Ordinance NoRMV61 Attachment number 1 Page 3 of 4 removable chalkboard, that is intended to be an integral part of the sign and is not precluded by any other of these criteria, may be permitted; h. The applicant for a sandwich board sign shall indemnify the City from liability from matters arising from use of said sign and further shall obtain and provide the City evidence of minimum general liability insurance in the amount of $1,000,000 in a form acceptable to the City; A nonrenewable permit shall be required and be issued for one calendar year or any portion thereof, but in no event shall the period of permit effectiveness extend beyond the expiration date of Ordinance no. 7997-08; and Sians failina to meet these criteria are subiect to immediate removal from public street, road, highway, right-of-way, or other public property. Sandwich board signs permitted as provided for in this subsection and located upon public right- of-way may be moved or removed by the City for municipal purposes as may be necessary from time to time. Section 3. That Article 8, "Definitions and Rules of Construction", Section 8-102, "Definitions", of the Community Development Code, be, and the same is hereby amended to read as follows: ********** Traditional Urban Corridor means a plot or parcel of land used for non-residential or commercial purposes, where owing to traditional urban development patterns, structure location or placement is immediately adjacent to a public or private right-of-way. Additionally, such locations are where such urban development patterns preclude placement of permanent freestanding signs. ********** Section 4. That Appendix A, "Schedule of Fees, Rates, and Charges", of the Community Development Code, be, and the same is hereby amended to read as follows: ********** XVI. SIGNS: ********** (2) Sandwich board signs (1 year or portion thereof) .................................................. $25.00 Section 5. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 6. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Ordinance NdtMV61 Attachment number 1 Page 4 of 4 Section 7. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 8. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 9. This ordinance shall take effect immediately upon adoption, and shall expire and be repealed and be of no further force and effect one year from date of adoption. PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 4 Ordinance NoRMV61 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Royalty Theater SUMMARY: Review Approval: 1) Clerk Meeting Date:9/15/2008 Cover Memo Item # 32 Attachment number 1 Page 1 of 3 Ruth Eckerd Hall Royalty Theater Memorandum of Understanding This Memorandum of Understanding is made and entered into this day of September, 2008, between the City of Clearwater, a municipal corporation of the State of Florida, hereinafter referred to as the ("City") and Ruth Eckerd Hall, Inc. a Florida non- profit corporation, hereinafter referred to as ("Ruth Eckerd Hall"). This Memorandum of Understanding is entered into by the City and the Corporation for the purpose of formalizing the intent of the Parties relating to the responsibilities and obligations regarding the purchase, rehabilitation, operation and maintenance of the Royalty Theater and the Lokey building (403 and 401 Cleveland Street). It is the intent for Ruth Eckerd Hall to eventually take on the responsibility of the renovation and operation of the Royalty Theater. To that extent: The City will assume the purchase contracts for the 403 (purchase price of $1.1 million dollars) and 401 (purchase price of $1.5 million dollars) Cleveland Street and will purchase said properties and cover all closing costs. 2. The City and Ruth Eckerd Hall will develop lease and management agreements similar to the existing agreement for the operation of Ruth Eckerd Hall recognizing however that it is not the intent that the City subsidize the ongoing operations of the Theater following rehabilitation of the facility. Ruth Eckerd Hall estimates the total project cost to be $14.5 million broken down as follows: $2.7 million for purchase and closing costs, including Ruth Eckerd Hall out of pocket due diligence expenditures ($13,920.00), $6.8 million for construction and renovation and $5 million for an endowment fund. 4. Ruth Eckerd Hall Boards have voted to move forward with a campaign to raise $8 million of the $14.5 million needed for this project. Ruth Eckerd Hall's $8 million commitment is contingent upon a total City/public commitment $6.5 million toward the project. Ruth Eckerd Hall and the City will work cooperatively to identify and obtain other public funding sources of $3.8 million, which will reduce the City's contribution toward the construction and renovation, beyond the initial purchase price and closing costs of $2.7 million. 6. In addition, presenting some performances in the Capitol/Royalty Theater during the pre-construction period will help generate interest in the project. During the pre-construction period, Ruth Eckerd Hall will lease the facility from the City for $1.00 for each use. Ruth Eckerd Hall will be responsible for all costs associated with each event, including staffing, set up and clean up. The net profit for each event will be split equally between the City and Ruth 9/11/2008 & 4:09:40 PM Item # 32 Attachment number 1 Page 2 of 3 Eckerd Hall. The City will assist Ruth Eckerd Hall in getting the facility ready use prior to commencement of remodeling. The City will advance/provide funding following closing not to exceed $250,000 (to be netted from the above cost estimates from the City's/public funding total of $6.5 million) for cleaning the theater, clearing the theater of unwanted and unnecessary debris and clutter, purchasing stage, lighting, sound and projection equipment and other necessary items to ensure a comfortable and safe environment with adequate equipment to be able to mount performances. Equipment purchased would be able to be used in the final project. Ruth Eckerd Hall would carry appropriate insurance up to entertainment and performing arts industry standards for such use of the theater and shall indemnify and hold harmless the City for any losses that occur as a result of Ruth Eckerd Hall's use of the theater. 7. It is estimated that it will take a minimum of two and a half years to raise the $8 million noted in number 4, commission construction drawings and complete the renovation and construction of the facility. The City will work with Ruth Eckerd Hall to vacate the alleyway behind the Capitol/Royalty Theater to allow for expansion of the stage house by the time construction is to commence. The Parties recognize that there are factors outside of City control that affect the vacating. In the event the alley cannot be vacated, it is the intent of the Parties to move forward with the rehabilitation under a modified plan. 9. Ruth Eckerd Hall will accept responsibility for the construction and not seek any additional funding beyond what is stated in this document for the construction and renovation of the theater and the adjacent building. 10. In raising endowment funds, it is the intent for Ruth Eckerd Hall to operate the facility without any ongoing annual subsidy from the City. 11. Until such time as Ruth Eckerd Hall is ready to commence the construction and renovation of the facility and execute a lease/management agreement, the City shall be responsible for any monthly operating costs, which we expect to be minimal (utilities-electric, water, sewer, minor maintenance and insurance). 12. Rent (at this time approximately $5,500 per month in a triple net lease) collected from the tenant that occupies 401 Cleveland Street shall be paid to and retained by the City commencing as of closing. 13. Once the renovation of the Capitol Royalty Theater is complete, Ruth Eckerd Hall will be responsible for the ongoing annual maintenance for the normal operation of the facility including, but not limited to normal wear and tear for sound, lighting and theatrical equipment, theater seating, electrical and HVAC 9/11/2008 & 4:09:40 PM Item # 32 Attachment number 1 Page 3 of 3 system maintenance, etc. Since the construction will install mostly new systems and equipment, it is believed that there would be no major capital improvements required for at least five years. The City will provide funds for major capital improvement items including roof, total HVAC systems, etc. A list will be established and mutually agreed upon of the types of capital improvements that would be part of the City's capital improvement budget. 9/11/2008 & 4:09:40 PM Iter?A # 32 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: 1) Clerk Meeting Date:9/15/2008 Cover Memo Item # 33 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Sandwich Boards on the Beach SUMMARY: Review Approval: 1) Clerk Meeting Date:9/15/2008 Cover Memo Item # 34 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval: 1) Clerk Meeting Date:9/15/2008 Cover Memo Item # 35 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: 2008 End of Session Report - Senator Charlie Justice and Representative Ed Hooper SUMMARY: Review Approval: 1) Clerk Meeting Date:9/15/2008 Cover Memo Item # 36 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: FDOT Presentation of Safety Improvements for U.S.19 from Sunset Point to Enterprise Road SUMMARY: Review Approval: 1) Clerk Meeting Date:9/15/2008 Cover Memo Item # 37 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: September is Lukemia, Lymphomia and Myeloma Month SUMMARY: Review Approval: 1) Clerk Meeting Date:9/15/2008 Cover Memo Item # 38 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Employee of the Month - Louis Corona, Police Department SUMMARY: Review Approval: 1) Clerk Meeting Date:9/15/2008 Cover Memo Item # 39