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03/16/2009 WORK SESSION AGENDA Council Chambers - City Hall 3/16/2009 - 9:00 AM 1. Presentations 1.1Service Awards Attachments 2. Office of Management and Budget 2.1Amend the City's fiscal year 2008/09 Operating and Capital Improvement Budgets at First Quarter and pass Ordinances 8045-09 and 8046-09 on first reading. Attachments 3. Financial Services 3.1Approve the underwriting team consisting of Wachovia Securities as Senior Manager, RBC Capital Markets as Co-Senior Manager, Fifth Third Securities and Bank of America/Merrill Lynch as Co- Managers to provide investment banking services to manage the negotiated sale of not to exceed $72,500,000 City of Clearwater Water and Sewer System Revenue Bonds, Series 2009A and not to exceed $50,000,000 City of Clearwater Water and Sewer System Revenue Refunding Bonds, Series 2009B. (consent) Attachments 3.2Approve the purchase of property and equipment breakdown insurance from April 1, 2009 through April 1, 2010, at the level of insurance recommended, at amount not to exceed $2,264,125. (consent) Attachments 4. Gas System 4.1Award contracts (blanket purchase orders) for the purchase of Gas Material Polyethylene Pipe and Fittings in the amount of $200,000 to Consolidated Pipe and Supply; in the amount of $128,000 to M.T. Deason; in the amount of $141,000 to General Utilities Pipe; and in the amount of $87,000 to Elster Perfection for the period of April 1, 2009, to March 31, 2010, and authorize appropriate officials to execute same. (consent) Attachments 4.2Award contracts (blanket purchase orders) for Gas Material Steel Pipe and Fittings in the amount of $53,000 to Consolidated Pipe and Supply; in the amount of $72,000 to M.T. Deason; and in the amount of $171,000 to General Utilities Pipe for the period of April 1, 2009, to March 31, 2010, and authorize the appropriate officials to execute same. (consent) Attachments 5. Human Resources 5.1Approve increasing the not-to-exceed amount from $40,000 to $240,000, to pay Lincoln Financial for life insurance premiums for CWA Life, SAMP Life, SAMP Supplemental Life, City Basic Life, and LTD coverages for the period from October 1, 2008 to September 30, 2009. (consent) Attachments 5.2Approve staff recommendations to offer retirement incentives to eligible employees. (consent) Attachments 6. Marine and Aviation 6.1Approve amendment to Chapter 33, Section 33.028 of the Code of Ordinances authorizing the City Manager to adjust vessel slip rent increases or decreases up to ten percent annually and pass Ordinance 8039-09 on first reading. Attachments 7. Parks and Recreation 7.1Approve the Second Amendment to Baseball Training Facility Lease Agreement and the Second Amendment to Sports Facility Use Agreement between the City of Clearwater and the Phillies, authorize the appropriate officials to execute same and approve a mid-year budget amendment transferring $200,000 from unappropriated retained earnings. (consent) Attachments 8. Public Utilities 8.1Wastewater Regulatory Trends - Tracy Mercer, Public Utilities Dir. Attachments 9. Engineering 9.1Accept a 10-foot wide Water Main and Utilities Easement to encumber a portion of Lot 10, Block B, HIGHLAND TERRACE MANOR SUBDIVISION, and a portion of the East 85.64 feet of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 2, Township 29 South, Range 15 East, conveyed by the School Board of Pinellas County in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) Attachments 10. Planning 10.1Approve the Annexation, Initial Land Use Plan Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 2350 Lake Shore Drive (Lots 1, 2, 3, 12, 13 and 14, Block 46, Section A, Unit 1, Chautauqua Subdivision in Section 32, Township 28 South, Range 16 East) and an unaddressed parcel located at the Northwest corner of First Street East and Third Avenue North (Lots 12 through 15, Block 47, Section A, Unit 1, Chautauqua Subdivision in Section 32, Township 28 South, Range 16 East)and pass Ordinances 8047-09,8048-09 and 8049-09 on first reading. (ANX2009-01001) Attachments 11. Official Records and Legislative Services 11.1Appoint four members to the Marine Advisory Board with the term expiring March 31, 2013. Attachments 12. Legal 12.1Adopt Ordinance No. 8038-09 on second reading, amending Appendix A, Article VII to amend the administrative fee for fireworks, update nomenclature to reflect changes made by the State mandated use of the 2007 Florida Fire Prevention Code, and eliminate the power of the Fire Prevention Administrator to modify sections of the fire code. Attachments 12.2Adopt Ordinance No. 8059-09 on second reading, amending Section 22.24(2) to modify the hours of operation for Station Square Park. Attachments 12.3Approve joining with multiple cities and counties to present a common defense and share the cost of outside counsel to defend Addison v. City of Tampa Class Action suit. Attachments 12.4Approve a settlement in the case of Rosilenne Jones v. City of Clearwater, Case 8:08-cv-00702-T- 23TGW. (consent) Attachments 13. City Manager Verbal Reports 13.1City Manager Verbal Reports Attachments 14. Council Discussion Items 14.1No Item Attachments 14.2Environmental Advisory Board recommendation regarding protection of shore birds Attachments 14.3EMS and Fire Service Contracts (WSO) Attachments 15. Other Council Action 15.1Other Council Action Attachments 16. Adjourn 17. Presentation(s) for Council Meeting 17.1Service Awards Attachments 17.2March is National Nutrition Month Proclamation Attachments 17.3Clearwater Housing Authority Quarterly Update - Bob Audi, Chairman Attachments Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Shelby Brown Development & Neighborhood Services Daniel Hollingsworth Public Utilities Leslie Proper Parks & Recreation Carl Freeman Solid Waste/General Svcs/B&M 10 Years of Service Diane Luniewski Police Elaine Lewis Police Thomas Dawe Police Melissa Harris Police Steven Corrao Police Thomas Lulek Police 15 Years of Service Roberto Felici Police Stephen Martindale Public Utilities John Schauder Marine & Aviation Robert Russell Marine & Aviation 20 Years of Service Robert Fava Police 25 Years of Service Edward Davis Public Services Sandra Howard Customer Service 30 Years of Service Leopoldo Jacobe Library Sharron Jackson Parks & Recreation 35 Years of Service Muhammad Abdur-Rahim Public Services Employee of the Month Josue (Josh) Cordero Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Amend the City's fiscal year 2008/09 Operating and Capital Improvement Budgets at First Quarter and pass Ordinances 8045-09 and 8046-09 on first reading. SUMMARY: The Fiscal year 2008/09 Operating and Capital Improvement Budgets were adopted in September 2008 by Ordinances 8005-08 and 8006-08. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. The memorandum and the accompanying report provide this information and outlines the issues at first quarter that require amendment. Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo First Quarter Budget Review Fiscal 2008-09 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: First Quarter Budget Review - Amended City Manager's Annual Budget Report DATE: February 25, 2009 Attached is the First Quarter Budget Review in accordance with the City Code of Ordinances. The report is based on three months of activity (October, 2008 through December, 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 $751,113. The major reason for the overall General Fund expenditure increase includes the appropriation of General Fund retained earnings of $486,870 at first quarter to include the following items: $107,000 to fund the Matrix contract; $100,000 for the Clearwater Golf Course Acquisition, $135,380 to support the Homeless Shelter, and $144,490 for the 2007/08 IAFF contract. All of these amendments have been previously approved by the City Council. Other amendments include the allocation of $182,160 to the Fire Department budget for training incentive funding that had previously been captured in a special program project and $54,000 to establish the operating budget for the Royalty Theater with like operating revenues. 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 first quarter are approximately $15 million, or 12.4% of the current year’s General Fund budget, exceeding our reserve policy by $4.8 million. _________________________ Significant amendments to other City Operating Funds are noted as follows. Attachment number 1 Page 1 of 2 First Quarter Budget Review Fiscal 2008-09 City Manager's Transmittal Stormwater Fund At first quarter, the Stormwater operating budget reflects an increase of $24,418 of Stormwater retained earnings representing excess cash in the debt service funds representing interest earnings in the bond construction funds for the last six months, and the related transfer of these funds to the capital improvement project for Storm Pipe System Improvements. Solid Waste Fund Budget amendments to the Solid Waste Fund reflect a decrease of $47,000 reflecting a slight reduction in operating expenditures to offset an expected loss in revenues for the year. Marine Fund First quarter expenditure amendments in the Marine Fund reflect a net decrease of $296,200 to offset the loss of revenues anticipated for the fiscal year. Parking Fund Budgeted expenditures in the Parking Fund at first quarter reflect an increase of $279,420 to provide an additional FTE Police Aide position and increased operating costs for temporary parking, all of which have been previously approved by the City Council. Increased revenues will more than cover all expenditure amendments. Central Insurance Fund At first quarter, the Central Insurance Fund operating expenditures reflect the allocation of Central Insurance Fund reserves for $300,000 to support the CIGNA health insurance contract and $1.6 million to support the Downtown Streetscape Phase II project. Capital Improvement Fund First quarter amendments to the Capital Improvement Fund reflect an increase of $2,195,309. Major project amendments include the establishment of the Royalty Theater project in the amount of $2,650,000, the Downtown Streetscape Phase II project at just over $2.6 million, and the Aging Well Center for a total of $1,029,720. A list of capital improvement project budget increases that have been previously approved by the City Council is included on page 24 of this report. Project budget increases not previously approved by the Council are also summarized on page 24. The largest of these proposed increases is an increase of $25,418 recognizing revenue from Stormwater interest earnings applied to a Stormwater capital project. Special Program Fund The Special Program Fund reflects a net budget increase of $1,470,132 at first quarter. Amendments include the recognition of more than $328,463 in grants proceeds supporting programs for Americorps, tactical weapons illuminators, and Juvenile Welfare grants supporting neighborhood recreation programs. Other significant amendments reflect more than $676,000 for the special events and sponsorships programs in the last six months, $196,000 from police fines and court proceeds to support public safety programs and $253,000 in revenues for police outside duty contractual services. Attachment number 1 Page 2 of 2 CITY OF CLEARWATER FIRST QUARTER SUMMARY 2008/09 FY 08/09FirstFirstFirst AdoptedQuarterQuarterQuarterAmended DescriptionBudgetProjectedActualVariance%AdjustmentBudget General Fund: Revenues121,099,93042,805,20536,759,098(6,046,107) -14%751,113121,851,043 Expenditures121,099,93038,379,85236,886,4361,493,416 4%751,113121,851,043 Utility Funds: Water & Sewer Fund Revenues60,609,86014,628,37213,634,180(994,192) -7%060,609,860 Expenditures60,609,86019,665,26918,486,2351,179,034 6%060,609,860 Stormwater Fund Revenues13,800,4603,431,5873,437,3715,784 0%25,41813,825,878 Expenditures13,800,4606,027,6595,723,258304,401 5%25,41813,825,878 Gas Fund Revenues45,228,14010,907,04410,235,149(671,895) -6%58,570 45,286,710 Expenditures38,534,5009,006,1908,077,125929,065 10%038,534,500 Solid Waste Fund Revenues18,751,2504,687,8134,726,85139,038 1%(47,000) 18,704,250 Expenditures18,735,7505,188,1974,512,481675,716 13%(47,000) 18,688,750 Recycling Fund Revenues3,210,950797,422665,283(132,139) -17%(183,861) 3,027,089 Expenditures3,210,940847,926707,788140,138 17%(184,000) 3,026,940 Enterprise Funds: Marine Fund Revenues5,351,0901,327,870932,453(395,417) -30%(203,000)5,148,090 Expenditures5,348,4301,582,3091,245,845336,464 21%(296,200)5,052,230 Airpark Fund Revenues242,00060,49859,500(998) -2%(3,000)239,000 Expenditures206,31061,24756,5704,677 8%(5,300)201,010 Parking Fund Revenues4,823,470965,205972,2747,069 1%561,1205,384,590 Expenditures3,963,3801,104,545977,625126,920 11%279,4204,242,800 Harborview Center Revenues725,170436,419490,68854,269 12%0725,170 Expenditures725,170256,294504,599(248,305) -97%0725,170 Internal Service Funds: General Services Fund Revenues5,247,9101,311,9771,319,8497,872 1%05,247,910 Expenditures5,247,9101,420,9971,303,428117,569 8%05,247,910 Administrative Services Revenues9,714,9302,428,7322,404,033(24,699) -1%09,714,930 Expenditures9,693,0802,796,4422,490,365306,077 11%09,693,080 Garage Fund Revenues13,853,5803,423,3943,085,094(338,300) -10%013,853,580 Expenditures13,853,5803,632,1403,040,468591,672 16%013,853,580 Central Insurance Fund Revenues20,069,9105,132,4285,761,397628,969 12%1,922,92521,992,835 Expenditures18,714,6904,772,0505,887,683(1,115,633) -23%1,922,92520,637,615 Attachment number 2 Page 1 of 1 1 FIRST QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2008-09 REPORT PAGE # General Fund Operating Budget ................................................................................................................... 3 Utility Funds Operating Budget ................................................................................................................... 13 Other Enterprise Funds Operating Budgets .............................................................................................. 17 Internal Service Funds Operating Budgets ................................................................................................. 21 Capital Improvement Program Budget ....................................................................................................... 24 Special Program Fund Budget .................................................................................................................... 41 Special Development Funds ....................................................................................................................... 50 Administrative Change Orders .................................................................................................................... 53 Ordinances .................................................................................................................................................. 55 First Quarter budgets were projected in the following manner: 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 three months, October 1, 2008 through December 31, 2008. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after December 31, 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 18, 2008. First Quarter Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. First Quarter Actual Self-explanatory. Variance Difference between First Quarter projected and First Quarter actual. Variance % % of variance to First Quarter projection. Adjustments Adjustments that have been approved by the City Council, made at the Manager’s discretion, and/or adjustments proposed based on First Quarter review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. Attachment number 3 Page 1 of 2 2 Capital Improvement Projects The amended 2008/09 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, 2008, 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 First 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. Attachment number 3 Page 2 of 2 Increase/(Decrease)Description Property Taxes Althoughpropertytaxesexhibitan18%negative varianceatfirstquarter,thisisprimarilyatiming differenceintheactualreceiptsversusbudgeted collectionsforthequarter.AsoftheendofJanuary, 77%ofbudgetedrevenueshadbeencollected.Atthe sametimein2007/08,78%oftheyear'stotalrevenues hadbeencollected.Noamendmentisproposedatthis time. Franchise Fees Franchisefeescollectionsforthequarterare approximately6%lessthanforthesameperiodlast year,and7%lessthananticipatedfortheyear.No amendmentsareproposedatthistime,but amendmentswillbeproposedatmidyearoncefurther data is available. Utility Taxes Utility tax collections for the quarter are approximately 7%lessthanforthesameperiodlastyear,and7% lessthananticipatedfortheyear.Noamendmentsare proposedatthistime,butamendmentswillbe proposed at mid year once further data is available. Licenses & Permits Buildingpermitrevenueisapproximately19%lessfor thefirstfourmonthsofthefiscalyear,thanthesame periodoftimeinfiscalyear2007/08,30%lessthan anticipated.Noamendmentsareproposedatthistime, butamendmentswillbeproposedatmidyearonce further data is available. Sales Tax Salestaxrevenuesforthequarterareapproximately 9%lessthanforthesameperiodlastyear,and10% lessthananticipatedfortheyear.Noamendmentsare proposedatthistime,butamendmentswillbe proposed at mid year once further data is available. TheCommunicationsTaxreflectsa46%positive varianceatfirstquarter.Thisisprimarilyduetothe onetimedistributionofalmost$400,000fromthe DepartmentofRevenuecorrectinganerrorinprevious year'sreceipts.Thebudgetadjustmentforthis additionalproceedswillberecognizedinthemidyear budget amendments. City of Clearwater General Fund Revenues First Quarter Amendments FY 2008/09 Intergovernmental Communications Tax 3 Attachment number 4 Page 1 of 3 Increase/(Decrease)Description City of Clearwater General Fund Revenues First Quarter Amendments FY 2008/09 Other Intergovernmental The11%negativevarianceinOther IntergovernmentalRevenuesisprimarilyaresultoftwo items:1)Thefirstismerelyatimingdifferenceinthe anticipatedquarterlyreceiptsfromthePinellasLibrary Cooperativewhichwereestimatedtobereceivedin DecemberbutwerenotreceiveduntilJanuary.2)The secondisduetoslowerthananticipatedreceiptsfrom MunicipalRevenueSharing.Thestatehasnotifiedthe Citytoexpectapproximately$250,000lessthan originallyanticipatedfortheyear.Thisamendmentwill be recognized at mid year. Charges for Service 85,444 Revenueamendmentsof$85,444represent1) $54,000ofrevenuesestablishingtheRoyaltyTheater operatingbudgetandoffsettingprogramexpenditure increasesinParksandRecreation;2)anincreaseof $21,450representingareimbursementfromthePhillies forthepropertytaxesontheCommunitySports Complex;and3)$9,994forthereimbursementofSRO overtimeoffsettingprogramexpenditureincreasesin Police. Fines & Forfeitures Finesandforfeiturerevenuesforthequarterare approximately22%lessthananticipatedatfirst quarter.Thiswillbecarefullymonitoredforpossible amendment at mid year once further data is available. Interest Income Revenuefrominterestearningsforthequarteris approximately23%lessthananticipatedatfirst quarter.Thiswillbecarefullymonitoredforpossible amendment at mid year once further data is available. Miscellaneous 3,889 The35%negativevarianceinthiscategoryisa timingdifferenceinthepostingofthecapitalizedlabor revenue.Therevenueamendmentof$3,888.70 reflectsthereimbursementofovertimesupportingthe U.S.ImmigrationsandCustomsEnforcementprogram offsetting program expenditure increases in Police. 4 Attachment number 4 Page 2 of 3 Increase/(Decrease)Description City of Clearwater General Fund Revenues First Quarter Amendments FY 2008/09 Interfund Charges/Transfers In 443,234 The12%negativevarianceinthiscategoryisa timingdifferenceinthepostingofthereceiptoftheGas SystemdividendtotheGeneralFund.Budget amendmentsinclude:1)Anincreaseof$58,570inthe computedannualgasdividendpaymenttotheGeneral Fund;and2)ThebudgetreflectsthereturnofGeneral FundrevenuesfromSpecialProgramproject181- 99843,FireManagementTrainingInitiatives,inthe amount of $384,663.51 which will close the project. 107,000 1)Anappropriationof$107,000fromretained earningstoNon-DepartmentalProgramtoprovide fundingfortheMatrixConsultingGroupcontract approved by the Council on November 18, 2008. 100,000 2)Atransferof$100,000fromretainedearningsfor project315-96309,ClearwaterGolfCourseAcquisition, as approved by the Council on October 15, 2008. 119,470 3)Atransferof$119,470fromretainedearningsto specialproject181-99274,HomelessShelter,as approved by the Council on December 18, 2008. 15,910 4)A transfer of $15,909.89 from retained earnings for project181-99274,HomelessShelter,wasapprovedby the Council on November 6, 2008. 144,490 5)Anappropriationof$144,490fromretained earningstotheFireDepartmenttofundtheIAFFLocal 1158contractforfiscalyear2007/2008asapprovedby the Council on November 6, 2008. (268,324) 6)Theadditionalrevenuerecognizedatfirstquarter netofthebudgetreductionsintheMarineandAviation programresultinthereturnof$268,324totheGeneral Fund reserves. 218,546 751,113 Net General Fund Revenue Amendment Net Transfer ( to) from Retained Earnings Transfer (to) from Surplus 5 Attachment number 4 Page 3 of 3 Increase/ (Decrease)Description (224) Thisamendmentdecreasesbudgetedsalaryexpendituresby $224toreflectthedepartment'srequiredshareofsalaryand SAMPsavingsapprovedbyCouncilatthefinalbudgethearing onSeptember18,2008.Theamendmentreallocatessavings fromtheNon-DepartmentalProgramtoindividualGeneral FundprogramsandthenetimpactiszeroacrosstheGeneral Fund. City Manager (16,200) Thisamendmentdecreasesbudgetedsalaryexpendituresby $16,200toreflectthedepartment'srequiredshareofsalary andSAMPsavingsapprovedbyCityCouncilatthefinalbudget hearingonSeptember18,2008.Theamendmentreallocates savingsfromtheNon-DepartmentalProgramtoindividual GeneralFundprogramsandthenetimpactiszeroacrossthe General Fund. (21,031) Thisamendmentdecreasesbudgetedsalaryexpendituresby $21,031toreflectthedepartment'srequiredshareofsalary andSAMPsavingsapprovedbyCityCouncilatthefinalbudget hearingonSeptember18,2008.Theamendmentreallocates savingsfromtheNon-DepartmentalProgramtoindividual GeneralFundprogramsandthenetimpactiszeroacrossthe General Fund. (2,103) Thisamendmentdecreasesbudgetedsalaryexpendituresby $2,103toreflectthedepartment'srequiredshareofsalaryand SAMPsavingsapprovedbyCityCouncilatthefinalbudget hearingonSeptember18,2008.Theamendmentreallocates savingsfromtheNon-DepartmentalProgramtoindividual GeneralFundprogramsandthenetimpactiszeroacrossthe General Fund. (18,135) Thisamendmentdecreasesbudgetedsalaryexpendituresby $18,135toreflectthedepartment'srequiredshareofsalary andSAMPsavingsapprovedbyCityCouncilatthefinalbudget hearingonSeptember18,2008.Theamendmentreallocates savingsfromtheNon-DepartmentalProgramtoindividual GeneralFundprogramsandthenetimpactiszeroacrossthe General Fund. City of Clearwater General Fund Expenditures First Quarter Amendments FY 2008/09 City Council Development & Neighborhood Services City Attorney's Office City Audit 6 Attachment number 5 Page 1 of 6 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures First Quarter Amendments FY 2008/09 (7,856) Thisamendmentdecreasesbudgetedsalaryexpendituresby $7,856toreflectthedepartment'srequiredshareofsalaryand SAMPsavingsapprovedbyCityCouncilatthefinalbudget hearingonSeptember18,2008.Theamendmentreallocates savingsfromtheNon-DepartmentalProgramtoindividual GeneralFundprogramsandthenetimpactiszeroacrossthe General Fund. (25,427) Thisamendmentdecreasesbudgetedsalaryexpendituresby $25,427toreflectthedepartment'srequiredshareofsalary andSAMPsavingsapprovedbyCityCouncilatthefinalbudget hearingonSeptember18,2008.Theamendmentreallocates savingsfromtheNon-DepartmentalProgramtoindividual GeneralFundprogramsandthenetimpactiszeroacrossthe General Fund. (4,471) Thisamendmentdecreasesbudgetedsalaryexpendituresby $4,471toreflectthedepartment'srequiredshareofsalaryand SAMPsavingsapprovedbyCityCouncilatthefinalbudget hearingonSeptember18,2008.Theamendmentreallocates savingsfromtheNon-DepartmentalProgramtoindividual GeneralFundprogramsandthenetimpactiszeroacrossthe General Fund. (22,399) Thisamendmentdecreasesbudgetedsalaryexpendituresby $22,399toreflectthedepartment'srequiredshareofsalary andSAMPsavingsapprovedbyCityCouncilatthefinalbudget hearingonSeptember18,2008.Theamendmentreallocates savingsfromtheNon-DepartmentalProgramtoindividual GeneralFundprogramsandthenetimpactiszeroacrossthe General Fund. Economic Development & Housing Services Equity Services Finance Engineering 7 Attachment number 5 Page 2 of 6 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures First Quarter Amendments FY 2008/09 236,984 FirstquarteramendmentsfortheFireDepartmentareas follows:1)decreasebudgetedsalaryexpendituresby$89,666 toreflectthedepartment'srequiredshareofsalaryandSAMP savingsapprovedbyCityCouncilatthefinalbudgethearingon September18,2008.Theamendmentreallocatessavingsfrom theNon-DepartmentalProgramtoindividualGeneralFund programsandthenetimpactiszeroacrosstheGeneralFund. 2)Inaddition,theFireDepartmentreflectsanincreaseof $144,490fortheIAFFLocal1158contractforfiscalyear 2007/2008asapprovedbytheCouncilonNovember6,2008; and3)ThebudgetreflectsthereturnoffundingfromSpecial ProgramProject181-99843,ManagementTrainingIncentives, tosupportcurrentyearfiretraininginitiativesintheamountof $182,160. (7,578) Thisamendmentdecreasesbudgetedsalaryexpendituresby $7,578toreflectthedepartment'srequiredshareofsalaryand SAMPsavingsapprovedbyCityCouncilatthefinalbudget hearingonSeptember18,2008.Theamendmentreallocates savingsfromtheNon-DepartmentalProgramtoindividual GeneralFundprogramsandthenetimpactiszeroacrossthe General Fund. (16,562) Thisamendmentdecreasesbudgetedsalaryexpendituresby $16,562toreflectthedepartment'srequiredshareofsalary andSAMPsavingsapprovedbyCityCouncilatthefinalbudget hearingonSeptember18,2008.Theamendmentreallocates savingsfromtheNon-DepartmentalProgramtoindividual GeneralFundprogramsandthenetimpactiszeroacrossthe General Fund. Marine & Aviation (9,252) Firstquarteramendmentsreflectdecreasesinbudgeted salaryexpendituresby$2,002toreflectthedepartment's requiredshareofsalaryandSAMPsavingsapprovedbyCity CouncilatthefinalbudgethearingonSeptember18,2008. TheamendmentreallocatessavingsfromtheNon- DepartmentalProgramtoindividualGeneralFundprograms andthenetimpactiszeroacrosstheGeneralFund.Otherline itemdecreasesintheBeachGuardandPier60Operations totaling $7,250 result in a net budget decrease of $9,252. Library Fire Human Resources 8 Attachment number 5 Page 3 of 6 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures First Quarter Amendments FY 2008/09 (3,353) Thisamendmentdecreasesbudgetedsalaryexpendituresby $3,353toreflectthedepartment'srequiredshareofsalaryand SAMPsavingsapprovedbyCityCouncilatthefinalbudget hearingonSeptember18,2008.Theamendmentreallocates savingsfromtheNon-DepartmentalProgramtoindividual GeneralFundprogramsandthenetimpactiszeroacrossthe General Fund. (6,629) Thisamendmentdecreasesbudgetedsalaryexpendituresby $6,629toreflectthedepartment'srequiredshareofsalaryand SAMPsavingsapprovedbyCityCouncilatthefinalbudget hearingonSeptember18,2008.Theamendmentreallocates savingsfromtheNon-DepartmentalProgramtoindividual GeneralFundprogramsandthenetimpactiszeroacrossthe General Fund. FirstquarteramendmentsfortheParksandRecreation Departmentareasfollows:1)Thisamendmentdecreases budgetedsalaryexpendituresby$46,928toreflectthe department'srequiredshareofsalaryandSAMPsavings approvedbyCityCouncilatthefinalbudgethearingon September18,2008.Theamendmentreallocatessavingsfrom theNon-DepartmentalProgramtoindividualGeneralFund programsandthenetimpactiszeroacrosstheGeneralFund; 2)Operatingsavingsof$14,288istransferredtocapital improvementproject315-93269,LightReplacement,tosupport thisproject.Thenetimpacttotheoperatingbudgetis$0;3) Operatingsavingsof$20,000istransferredtocapital improvementproject315-93205,CommunitySportsComplex toprovidefundingforunexpectedexpenditurescorrecting retentionpondconstruction.Thenetimpacttotheoperating budget is $0; 28,522 4)Abudgetincreaseof$21,450forthepropertytaxesonthe CommunitySportsComplex.Arevenueamendmentreflecting revenuefromthePhillieswilloffsetthiscostincrease.5)A budgetincreaseof$54,000establishesanoperatingbudgetfor RoyaltyTheaterintheamountof$54,000;6)Operating savingsof$24,115.50istransferredtocapitalimprovement project315-93609,ClearwaterGolfCoursetocovertheclosing costsofthepurchase.Thenetimpacttotheoperatingbudget is$0;6)Thefinalamendmentisthetransferofoperating savingsof$59,720tocapitalimprovementproject315-93615, AgingWellCenterasapprovedbytheCityCouncilon2/19/09. Again, the net impact to the operating budget is $0 Parks & Recreation Office of Management and Budget Official Records and Legislative Services 9 Attachment number 5 Page 4 of 6 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures First Quarter Amendments FY 2008/09 (10,673) Thisamendmentdecreasesbudgetedsalaryexpendituresby $10,673toreflectthedepartment'srequiredshareofsalary andSAMPsavingsapprovedbyCityCouncilatthefinalbudget hearingonSeptember18,2008.Theamendmentreallocates savingsfromtheNon-DepartmentalProgramtoindividual GeneralFundprogramsandthenetimpactiszeroacrossthe GeneralFund.Asecondamendmentreflectsthetransferof $59,720ofoperatingsavingstocapitalproject315-93615, Aging Well Center, as approved by the City Council on 2/19/09. (117,387) Firstquarteramendmentsreflectdecreasesinbudgeted salaryexpendituresby$131,270toreflectthedepartment's requiredshareofsalaryandSAMPsavingsapprovedbyCity CouncilatthefinalbudgethearingonSeptember18,2008. TheamendmentreallocatessavingsfromtheNon- DepartmentalProgramtoindividualGeneralFundprograms andthenetimpactiszeroacrosstheGeneralFund. Amendmentsalsoincludeanincreasetoovertimeby $13,883.02whichareoffsetbyrevenueamendments recognizingthereimbursementsreceivedforSROovertime andreimbursementsreceivedforovertimefromICE(The Department of Treasury). (9,267) Thisamendmentdecreasesbudgetedsalaryexpendituresby $9,267toreflectthedepartment'srequiredshareofsalaryand SAMPsavingsapprovedbyCityCouncilatthefinalbudget hearingonSeptember18,2008.Theamendmentreallocates savingsfromtheNon-DepartmentalProgramtoindividual GeneralFundprogramsandthenetimpactiszeroacrossthe General Fund. (14,264) Thisamendmentdecreasesbudgetedsalaryexpendituresby $14,264toreflectthedepartment'srequiredshareofsalary andSAMPsavingsapprovedbyCityCouncilatthefinalbudget hearingonSeptember18,2008.Theamendmentreallocates savingsfromtheNon-DepartmentalProgramtoindividual GeneralFundprogramsandthenetimpactiszeroacrossthe General Fund. Planning Public Communications Police Public Services 10 Attachment number 5 Page 5 of 6 Increase/ (Decrease)Description City of Clearwater General Fund Expenditures First Quarter Amendments FY 2008/09 Non-Departmental 456,038 Abudgetincreaseof$456,038totheNon-Departmental programreflectstheallocationofsalarysavingsapprovedby theCityCouncilatthefinalbudgethearingonSeptember18, 2008,whichprovideda0.5%salarysavingsandexclusionof SAMP4-6meritincreasestoallGeneralFundDepartments. DuetothetimingoftheCityCouncilaction,thedecreasewas reflectedintheNon-Departmentalprogramandisnowbeing allocatedtotheappropriateGeneralFunddepartments.The net impact is zero across the General Fund. 107,000 Atransferof$107,000ofGeneralFundunappropriated retainedearningstotheNon-DepartmentalProgramwas approvedbytheCouncilonNovember18,2008toprovide fundingfortheMatrixConsultingGroupcontracttoperforman efficiency review of Clearwater Police Department. 235,380 ThebudgetamendmentalsoreflectsCityCouncilapproved interfundtransfersof$235,379.89toCapitalImprovementand Special Program projects, as follows: 1)Atransferof$100,000ofGeneralFundunappropriated retainedearningsforproject315-96309,ClearwaterGolf CourseAcquisition,wasapprovedbytheCouncilonOctober 15,2008toprovidethebalanceofthepurchasecontract betweentheCityandClearwaterCountryClubManagement, Inc. 2)Atransferof$119,470ofGeneralFundunappropriated retainedearningstospecialproject181-99274,Homeless Shelter,wasapprovedbytheCouncilonDecember18,2008to provide funding for this program. 3)Atransferof$15,909.89ofGeneralFundunappropriated retainedearningsforproject181-99274,HomelessShelter, wasapprovedbytheCouncilonNovember6,2008toallocate thefundingreceivedlastyearfromtheClearwaterHousing Authority to the Clearwater Homeless Intervention Project. 798,418 751,113 Net General Fund Expenditure Amendment 11 Attachment number 5 Page 6 of 6 2008/09 First First 2008/09 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance %Amendment Budget GENERAL FUND GENERAL FUND REVENUES Property Taxes43,461,390 27,230,000 22,288,054(4,941,946)-18%043,461,390 Franchise Fees9,819,270 1,686,479 1,576,280(110,199)-7%09,819,270 Utility Taxes12,030,350 2,251,467 2,099,974(151,493)-7%012,030,350 Licenses, Permits & Fees4,242,500 1,323,125 1,194,148(128,977)-10%04,242,500 Intergovernmental Sales Tax5,800,000 966,666 868,300(98,366)-10%05,800,000 Communications Services Tax6,286,500 1,047,750 1,527,691479,94146%06,286,500 Other Intergovernmental12,357,120 2,395,084 2,122,737(272,347)-11%012,357,120 Charges for Services4,151,420 781,453 668,250(113,203)-14%85,4444,236,864 Fines & Forfeitures902,300 210,993 163,777(47,216)-22%0902,300 Interest Income1,364,000 341,000 261,364(79,636)-23%01,364,000 Miscellaneous Revenues939,950 209,895 136,958(72,937)-35%3,889943,839 Interfund Charges / Transfers In17,445,130 4,361,293 3,851,565(509,728)-12%443,23417,888,364 OPERATING REVENUES 118,799,930 42,805,205 36,759,098(6,046,107)-14%532,567119,332,497 Transfer (to) from Surplus2,300,000 - 00n/a218,5462,518,546 TOTAL REVENUES 121,099,930 42,805,205 36,759,098 (6,046,107)-14%751,113 121,851,043 GENERAL FUND EXPENDITURES City Council288,390 82,153 76,5095,6447%(224)288,166 City Manager's Office1,166,210 313,940 372,770(58,830)-19%(16,200)1,150,010 City Attorney's Office1,688,790 452,517 365,61086,90719%(21,031)1,667,759 City Auditor's Office175,520 51,037 50,1279102%(2,103)173,417 Development & Neighborhood Svcs4,109,720 1,173,231 1,132,84340,3883%(18,135)4,091,585 Economic Development & Housing1,389,940 371,112 553,794(182,682)-49%(7,856)1,382,084 Engineering7,283,880 2,139,322 1,822,699316,62315%(25,427)7,258,453 Equity Services284,010 74,820 68,3806,4409%(4,471)279,539 Finance2,265,030 639,913 582,95056,9639%(22,399)2,242,631 Fire 21,258,430 6,343,866 6,187,026156,8402%236,98421,495,414 Human Resources1,212,180 333,170 272,70460,46618%(7,578)1,204,602 Library 6,065,270 2,182,885 2,126,06856,8173%(16,562)6,048,708 Marine & Aviation1,248,600 358,207 325,66632,5419%(9,252)1,239,348 Non-Departmental7,048,000 4,811,749 4,827,673(15,924)0%798,4187,846,418 Office of Management & Budget297,690 86,487 71,24915,23818%(3,353)294,337 Official Records & Legislative Svcs1,180,430 324,378 312,72311,6554%(6,629)1,173,801 Parks & Recreation21,123,800 6,561,547 5,783,268778,27912%28,52221,152,322 Planning1,429,290 407,103 354,61152,49213%(10,673)1,418,617 Police36,949,610 10,397,010 10,413,265(16,255)0%(117,387)36,832,223 Public Communications1,088,580 298,980 271,21127,7699%(9,267)1,079,313 Public Services3,546,560 976,425 915,28961,1366%(14,264)3,532,296 TOTAL EXPENDITURES 121,099,930 38,379,852 36,886,436 1,493,416 4%751,113 121,851,043 For Three Month Period of October 1, 2008 - December 31, 2008 GENERAL FUND FIRST QUARTER REVIEW 12 Attachment number 6 Page 1 of 1 Increase/ (Decrease)Description Water & Sewer Fund At first quarter, anticipated revenues of the Water & Sewer Fund equal anticipated expenditures for FY 2008/09. Revenues:No amendments are proposed at first quarter. Expenditures:No amendments are proposed at first quarter. Stormwater Fund At first quarter, anticipated revenues of the Stormwater Fund equal anticipated expenditures for FY 2008/09. Revenues:25,418 Firstquarterrevenueamendmentsreflectanincreaseof $25,417.59ofunappropriatedretainedearningsrepresenting interestearningsondebtservicefunds,whichareallocatedto capitalproject315-96124,StormPipeSystemImprovementsas noted below. Expenditures:25,418 Firstquarterexpenditureamendmentsrecognizethe appropriationofretainedearningstocapitalproject315-96124, Storm Pipe System Improvements in the amount of $25,417.59. Gas Fund At first quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures by $6,752,210 for FY 2008/09. Revenues:58,570 FirstquarteramendmentstoGasFundrevenuesreflectan increaseof$58,570,representingtheuseofundesignated reserves,tofundthecomputedannualdividendpaymenttothe General Fund. Expenditures:0 Atfirstquarter,GasFundexpenditureamendmentsmerely reflectlineitemchangeswithinprogrambudgets.Thenetchange to Gas Fund expenditures is $0. Solid Waste Fund At first quarter, anticipated revenues of the Solid Waste Fund exceed anticipated expenditures by $ 15,500 for FY 2008/09. Revenues:(47,000) Firstquarteramendmentsreflectadecreaseinanticipated collectioncharges.Theslowdownintheeconomyhasresultedin areductionofrevenueandthelevelofservicefromroll-offand commercialoperations.Collectionchargesrevenueisbeing decreasedtocoverthefirstquarterimpact.Thenetamendment toSolidWasterevenuesisandecreaseof$47,000atfirst quarter. Expenditures:(47,000) Expenditureamendmentsatfirstquarterareinconjunctionwith thereductioninthecommercialcustomer'slevelofservice. Savingsindumpfeeexpenseareusedtooffsettherevenue decrease.ThenetamendmenttoSolidWasteexpendituresisa decrease of $47,000 at first quarter. City of Clearwater Utility Funds First Quarter Amendments FY 2008/09 13 Attachment number 7 Page 1 of 2 Increase/ (Decrease)Description City of Clearwater Utility Funds First Quarter Amendments FY 2008/09 Recycling Fund At first quarter, anticipated revenues of the Recycling Fund exceed anticipated expenditures by $149 for FY 2008/09. Revenues:(183,861) First quarter amendments in Recycling revenues reflect a net decrease of $183,861. This includes the recognition of a grant from Pinellas County supporting recycling efforts in the amount of $83,139. The historic drop in market prices of recyclables that occurred during first quarter will continue to keep the market prices low for the foreseeable future. Revenues in all three programs are being decreased a total value of $267,000. Expenditures(184,000) ThirdquarterexpenditureamendmentsinRecyclingreflectanet decreaseof$184,000madetooffsettherevenuereductions. InventoryPurchasesforResalearebeingdecreasedby$144,000 duetothedropinmarketprices,Advertisingisbeingdecreased by$5,000,PersonalServicesarebeingdecreased$15,000dueto un-filledpositionsandGarageServicechargesarebeing decreased $20,000 due to savings in fuel cost. 14 Attachment number 7 Page 2 of 2 2008/09FirstFirst 2008/09 AdoptedQuarterQuarterBudgetProposed1 Qtr Amended BudgetProjectionActualVariance%AmendmentBudget WATER & SEWER FUND Water & Sewer Fund Revenues Operating Revenue55,521,020 13,880,253 13,182,874(697,379) -5%- 55,521,020 Non-Operating Revenue2,772,160 693,042 353,961(339,081) -49%- 2,772,160 Contributions220,310 55,077 97,34542,268 77%- 220,310 Transfers In - - 0- n/a- - Use of Fund Equity2,096,370 - 0- n/a- 2,096,370 Total Revenues60,609,860 14,628,372 13,634,180(994,192) -7%- 60,609,860 Water & Sewer Fund Expenditures Public Utilities Administration875,510 233,068 205,18327,885 12%- 875,510 Wastewater Collection5,329,020 1,960,514 1,906,77453,740 3%- 5,329,020 Public Utilities Maintenance2,770,750 743,507 615,672127,835 17%- 2,770,750 WPC / Plant Operations11,454,490 3,371,595 3,080,779290,816 9%- 11,454,490 WPC / Laboratory Operations1,291,810 343,796 323,78420,012 6%- 1,291,810 WPC / Industrial Pretreatment785,560 210,877 186,79824,079 11%- 785,560 Water Distribution11,478,335 6,081,519 5,981,91799,602 2%- 11,478,335 Water Supply12,768,995 3,220,959 2,926,785294,174 9%- 12,768,995 Reclaimed Water2,000,350 535,674 512,62123,054 4%- 2,000,350 Non-Departmental11,855,040 2,963,760 2,745,924217,836 7%- 11,855,040 Total Expenditures60,609,860 19,665,269 18,486,2351,179,034 6%- 60,609,860 STORMWATER FUND Stormwater Utility Revenues Operating Revenues13,255,620 3,313,908 3,338,50924,601 1%- 13,255,620 Non-Operating Revenues470,720 117,679 98,862(18,817) -16%- 470,720 Transfers In - - 0- n/a- - Use of Fund Equity74,120 - 0- n/a25,418 99,538 Total Revenues13,800,460 3,431,587 3,437,3715,784 0%25,418 13,825,878 Stormwater Utility Expenditures Stormwater Management5,062,550 1,292,986 1,109,808183,178 14%- 5,062,550 Stormwater Maintenance8,737,910 4,734,673 4,613,450121,223 3%25,418 8,763,328 Total Expenditures13,800,460 6,027,659 5,723,258304,401 5%25,418 13,825,878 GAS FUND Gas Fund Revenues Operating Revenues42,331,400 10,582,854 9,915,159(667,695) -6%- 42,331,400 Non-Operating Revenues846,740 211,690 256,10644,416 21%- 846,740 Transfers In - - 0- n/a- - Capitalized Labor450,000 112,500 63,884(48,616) -43%- 450,000 Use of Fund Equity1,600,000 - 0- n/a58,570 1,658,570 Total Revenues45,228,140 10,907,044 10,235,149(671,895) -6%58,570 45,286,710 Gas Fund Expenditures Administration & Supply28,582,640 5,255,861 4,631,561624,300 12%55,170 28,637,810 South Area Gas Operations4,152,730 1,292,3631,263,26029,103 2%28,690 4,181,420 North Area Gas Operations3,142,090 1,683,854 1,588,89494,960 6%9,200 3,151,290 Marketing & Sales2,657,040 774,112 593,409180,703 23%(93,060) 2,563,980 Total Expenditures38,534,500 9,006,190 8,077,125929,065 10%- 38,534,500 For Three Month Period of October 1, 2008 - December 31, 2008 UTILITY FUNDS FIRST QUARTER REVIEW 15 Attachment number 8 Page 1 of 2 2008/09FirstFirst 2008/09 AdoptedQuarterQuarterBudgetProposed1 Qtr Amended BudgetProjectionActualVariance%AmendmentBudget For Three Month Period of October 1, 2008 - December 31, 2008 UTILITY FUNDS FIRST QUARTER REVIEW SOLID WASTE FUND Solid Waste Revenues Operating Revenue17,948,000 4,487,001 4,464,448(22,553) -1%(47,000) 17,901,000 Non-Operating Revenue561,300 140,323 201,91461,591 44%- 561,300 Transfers In241,950 60,489 60,489- 0%- 241,950 Use of Fund Equity- - 0- - - - Total Revenues18,751,250 4,687,813 4,726,85139,038 1%(47,000) 18,704,250 Solid Waste Expenditures Collection15,590,210 4,339,720 3,717,138622,582 14%(47,000) 15,543,210 Transfer 1,381,380 373,067 347,08325,984 7%- 1,381,380 Container Maintenance747,070 204,735 197,6757,060 3%- 747,070 Administration1,017,090 270,675 250,58520,090 7%- 1,017,090 Total Expenditures18,735,750 5,188,197 4,512,481675,716 13%(47,000) 18,688,750 RECYCLING FUND Recycling Revenues Operating Revenue3,046,850 756,397 616,742(139,655) -18%(183,861) 2,862,989 Non-Operating Revenue164,100 41,025 48,5417,516 18%- 164,100 Total Revenues3,210,950 797,422 665,283(132,139) -17%(183,861) 3,027,089 Recycling Expenditures Residential1,022,480 274,459 265,0209,439 3%(22,000) 1,000,480 Multi-Family506,580 134,304 126,3347,970 6%(3,000) 503,580 Commercial1,681,880 439,163 316,434122,729 28%(159,000) 1,522,880 Total Expenditures3,210,940 847,926 707,788140,138 17%(184,000) 3,026,940 16 Attachment number 8 Page 2 of 2 Increase/ (Decrease)Description Marina Fund Anticipated revenues of the Marine Fund exceed anticipated expenditures by $ 95,860 at first quarter FY 2008/09. Revenues:(203,000) Firstquarteramendmentsreflecta$175,000decreaseinslip rentalrevenuesanda$28,000decreaseinbuildingrental revenues.Thisisduetotheeconomicconditionscombined withrateincreasesforrecreationboatslipswhichresultedin dozens of slips being turned back to the city. Expenditures:(296,200) Atfirstquarter,budgetamendmentsreflectanetdecreaseof $66,200invariouslineitemsanda$230,000decreasein transferstosupportcertaincapitalimprovementprojects.This isnecessarytooffsetthelossofrevenuesanticipatedforthe year. Airpark Fund Anticipated revenues of the Airpark Fund exceed anticipated expenditures by $37,990 at first quarter FY 2008/09. Revenues:(3,000) Atfirstquarterbudgetamendmentsreflectabudgetdecrease of $3,000 in anticipated sales of fuel. Expenditures:(5,300) Firstquarterexpenditureamendmentsreflectadecreasein contractualservicescostsandotherlineitemsresultinginanet decrease of $5,300. Parking Fund At first quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $1,141,790 for FY 2008/09. Revenues:561,120 1)Firstquarterrevenueamendmentsreflectanincreaseof $245,280inparkingrevenuesfromtheSaltBlock57lotbased upontheleaseofadditionaltemporaryspacesapprovedby CouncilonSeptember4,2008.2)Asecondamendment reflectsanincreaseof$315,840inparkingrevenuesfromthe PatelParkinglotasapprovedbyCouncilonDecember18, 2008. FY 2008/09 City of Clearwater Other Enterprise Funds First Quarter Amendments 17 Attachment number 9 Page 1 of 2 Increase/ (Decrease)Description FY 2008/09 City of Clearwater Other Enterprise Funds First Quarter Amendments Expenditures:279,420 Firstquarterexpenditureamendmentsreflectanetincrease of$279,420totheParkingfundwhichisoffsetbyrelated parkingrevenues.1)Atransferof$21,000fromtheParking Fundreservestofundone(1.0)additionalFTEPoliceAide positionwasapprovedbytheCouncilonNovember6,2008to assistwithtrafficrelatedissuesatthetemporaryBeachWalk parkinglotsalongCoronadoDrive.2)Increasedrentalcostsof $105,120foradditionalparkingspacesatSaltBlock57 approvedbyCouncilonSeptember4th,2008.3)Increased rentalcostsof$14,700forpaymentstoCotelInc.fortemporary parkingspacesonthebeachapprovedbyCouncilon September18,2008.4)Increasedrentalscostsof$135,360for additionalparkingspacesatthePatelparkinglot.5)Increased operatingcostsof$3,240formonthlycommunicationfeesfor theadditionaltemporaryparkingspacesatthePatellot approved by Council on December 18, 2008. Harborview Fund Anticipated revenues of the Harborview Fund equal anticipated expenditures at first quarter FY 2008/09. Revenues: NoamendmentsareproposedtoHarborviewFundrevenues at first quarter. Expenditures: Nobudgetamendmentsareproposedatfirstquarter.The 97%negativevarianceisstrictlyatimingvarianceinthe payment for contract services. 18 Attachment number 9 Page 2 of 2 2008/09FirstFirst 2008/09 AdoptedQuarterQuarterBudgetProposedAmended BudgetProjectionActualVariance%AmendmentBudget MARINE FUND MARINE FUND REVENUES Operating Revenues 5,195,110 1,288,875898,227(390,648) -30%(203,000) 4,992,110 Non-Operating Revenues155,980 38,99534,226(4,769) -12%- 155,980 Transfers In 000- n/a- - Use of Fund Equity000- n/a- - TOTAL REVENUES 5,351,090 1,327,870 932,453 (395,417) -30%(203,000) 5,148,090 MARINE FUND EXPENDITURES Marina Operations5,348,430 1,582,309 1,245,845336,464 21%(296,200) 5,052,230 Airpark Operations- - n/a- 0 TOTAL EXPENDITURES 5,348,430 1,582,309 1,245,845 336,464 21%(296,200) 5,052,230 AIRPARK FUND AIRPARK FUND REVENUES Operating Revenues220,000 54,999 54,679 (320) -1%- 220,000 Non-Operating Revenues22,000 5,499 4,821 (678) -12%(3,000) 19,000 Transfers In - - - - n/a- 0 Use of Fund Equity- - - - n/a- 0 TOTAL REVENUES 242,000 60,498 59,500 (998) -2%(3,000) 239,000 AIRPARK FUND EXPENDITURES Airpark Operations206,310 61,247 56,5704,677 8%(5,300) 201,010 TOTAL EXPENDITURES 206,310 61,247 56,570 4,677 8%(5,300) 201,010 PARKING FUND PARKING FUND REVENUES Operating Revenues4,219,470 814,206 796,684(17,522) -2%561,120 4,780,590 Non-Operating Revenues604,000 150,999 175,59024,591 16%- 604,000 Transfers In 0- 0- - - - TOTAL REVENUES 4,823,470 965,205 972,274 7,069 1%561,120 5,384,590 PARKING FUND EXPEDITURES Public Wks / Parking System 3,113,380 967,237 870,05597,182 10%279,420 3,392,800 Public Wks / Parking Enforcement850,000 137,308 107,57029,738 22%- 850,000 TOTAL EXPENDITURES 3,963,380 1,104,545 977,625 126,920 11%279,420 4,242,800 For Three Month Period of October 1, 2008 - December 31, 2008 ENTERPRISE FUNDS FIRST QUARTER REVIEW 19 Attachment number 10 Page 1 of 2 2008/09FirstFirst 2008/09 AdoptedQuarterQuarterBudgetProposedAmended BudgetProjectionActualVariance%AmendmentBudget For Three Month Period of October 1, 2008 - December 31, 2008 ENTERPRISE FUNDS FIRST QUARTER REVIEW HARBORVIEW FUND HARBORVIEW CENTER FUND REVENUES Operating Revenues 190,000 47,499 47,256(243) -1%- 190,000 Non-operating Revenues195,000 48,750 103,26254,512 112%- 195,000 Transfers In340,170 340,170 340,170- - - 340,170 TOTAL REVENUES 725,170 436,419 490,688 54,269 12%- 725,170 HARBORVIEW CENTER FUND EXPENDITURES Harborview Center Operations725,170 256,294 504,599(248,305) -97%- 725,170 TOTAL EXPENDITURES 725,170 256,294 504,599 (248,305) -97%- 725,170 20 Attachment number 10 Page 2 of 2 Increase/ (Decrease)Description General Services At first quarter, anticipated revenues of the General Services Fund equal anticipated expenditures FY 2008/09. Revenues:0 No amendments are proposed at first quarter. Expenditures:0 No amendments are proposed at first quarter. Administrative Services At first quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $21,850 for FY 2008/09. Revenues:0 No amendments are proposed at first quarter. Expenditures:0 No amendments are proposed at first quarter. Garage Fund At first quarter, anticipated revenues of the Garage Fund equal anticipated expenditures for FY 2008/09. Revenues:0 No amendments are proposed at first quarter. Expenditures:0 FirstquarterexpenditureamendmentsintheGarageFundreflect anetdecreaseof$96,100whichisdirectlyattributabletosavingsin fuel costs. Of this savings, $41,300 funds the replacement of the fuel dispensingsystem,andoffsetssmallincreaseinotherbudgetline items.Inaddition,$45,000willprovideforabudgetincreasetothe budgetedlineitemtofundthecapitalimprovementprojectsforair conditionerreplacementsandpaintingapprovedinthe2008/09 CapitalImprovementBudget.Thistransferwasnotbudgetedin errorintheadoptedoperatingbudgetoftheGarageFund.Thenet budget amendment to the Garage Fund expenditures is $0. Central Insurance At first quarter, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $1,355,220 for FY 2008/09. Revenues:1,922,925 Firstquarteramendmentsincludetheallocationof$300,000of CentralInsuranceFundreservestosupporttheCignahealth insurancecontractasapprovedbytheCouncilonOctober15,2008. Anotheramendmentincludesatransferof$1,622,925fromthe CentralInsuranceFundreservesforproject315-92275,Downtown Streetscape-PhaseIIwhichwasapprovedbytheCouncilon November6,2008tofundthebalanceofthefundingforthenext phaseoftheClevelandStreetscapeproject.Fundswillbereplaced bytheCRAfundsastheybecomeavailableoverthenexttwoto three fiscal years. Expenditures:1,922,925 Firstquarteramendmentsanincreaseof$300,000tofundtheCigna healthinsurancecontractasapprovedbytheCouncilonOctober 15,2008.Anotheramendmentincludesatransferof$1,622,925 fromtheCentralInsuranceFundreservesforproject315-92275, DowntownStreetscape-PhaseIIwhichwasapprovedbythe CouncilonNovember6,2008tofundthebalanceofthefundingfor thenextphaseoftheClevelandStreetscapeproject.Fundswillbe replacedbytheCRAfundsastheybecomeavailableoverthenext two to three fiscal years. City of Clearwater Internal Service Funds First Quarter Amendments FY 2008/09 21 Attachment number 11 Page 1 of 1 2008/09FirstFirst 2008/09 AdoptedQuarterQuarterBudgetProposed1 Qtr Amended BudgetProjectionActualVariance%AmendmentBudget GENERAL SERVICES FUND GENERAL SERVICES FUND REVENUES Billings to Departments5,212,910 1,303,227 1,309,1335,906 0%05,212,910 Non-Operating Revenue35,000 8,750 10,7161,966 22%035,000 Transfers In - - 0- n/a0- Fund Reserves - - 0 - n/a0- TOTAL REVENUES 5,247,910 1,311,977 1,319,849 7,872 1%0 5,247,910 GENERAL SERVICES FUND EXPENDITURES Administration 316,010 85,315 80,8524,463 5%0316,010 Building & Maintenance4,931,900 1,335,682 1,222,575113,107 8%04,931,900 TOTAL EXPENDITURES 5,247,910 1,420,997 1,303,428 117,569 8%0 5,247,910 ADMINISTRATIVE SERVICES FUND ADMINISTRATIVE SERVICES REVENUE Operating Revenue9,509,930 2,377,482 2,342,624(34,858) -1%09,509,930 Non-Operating Revenue205,000 51,250 61,40910,159 20%0205,000 Transfers In - - 0- n/a0- Fund Reserves - - 0- n/a0- TOTAL REVENUES 9,714,930 2,428,732 2,404,033 (24,699) -1%0 9,714,930 ADMINISTRATIVE SERVICES EXPENDITURES Information Technology / Admin379,030 106,236 98,8587,378 7%0379,030 Information Tech / Network Svcs2,317,000 612,756 476,783135,973 22%02,317,000 Info Tech / Software Applications1,916,700 623,048 580,20342,845 7%01,916,700 Info Tech / Telecommunications1,067,530 270,734 246,90123,833 9%01,067,530 Public Comm / Courier173,990 44,504 49,651(5,147) -12%0173,990 Public Comm / Graphics431,160 117,304 102,04215,262 13%0431,160 Clearwater Customer Service3,407,670 1,021,860 935,92885,932 8%03,407,670 TOTAL EXPENDITURES 9,693,080 2,796,442 2,490,365 306,077 11%0 9,693,080 GARAGE FUND GARAGE FUND REVENUES Billings to Departments13,168,280 3,292,068 3,001,519(290,549) -9%013,168,280 Non-Operating Revenue685,300 131,326 83,575(47,751) -36%0685,300 Transfers In - - 0- n/a0- Fund Reserves - - 0- n/a0- TOTAL REVENUES 13,853,580 3,423,394 3,085,094 (338,300) -10%0 13,853,580 Garage Fund Expenditures Fleet Maintenance 13,202,070 3,464,860 2,953,504511,356 15%(180)13,201,890 Radio Communications651,510 167,280 86,96580,315 48%180651,690 TOTAL EXPENDITURES 13,853,580 3,632,140 3,040,468 591,672 16%0 13,853,580 INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2008 - December 31, 2008 22 Attachment number 12 Page 1 of 2 2008/09FirstFirst 2008/09 AdoptedQuarterQuarterBudgetProposed1 Qtr Amended BudgetProjectionActualVariance%AmendmentBudget INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2008 - December 31, 2008 CENTRAL INSURANCE FUND CENTRAL INSURANCE FUND REVENUES Billings to Departments18,211,640 4,552,908 5,365,504812,596 18%018,211,640 Non-Operating Revenue1,675,000 418,750 384,893(33,857) -8%01,675,000 Transfers In 183,270 160,770 11,000(149,770) -93%0183,270 Fund Reserves - - 0- n/a1,922,9251,922,925 TOTAL REVENUES 20,069,910 5,132,428 5,761,397 628,969 12%1,922,925 21,992,835 CENTRAL INSURANCE FUND EXPENDITURES Finance / Risk Management414,490 188,753 106,28182,472 44%0414,490 Human Resources / Employee Benefits322,460 88,865 89,330(465) -1%0322,460 Non-Departmental17,977,740 4,494,432 5,692,072(1,197,640) -27%1,922,92519,900,665 TOTAL EXPENDITURES 18,714,690 4,772,050 5,887,683 (1,115,633) -23%1,922,925 20,637,615 23 Attachment number 12 Page 2 of 2 Clearwater, Florida CAPITAL IMPROVEMENT FUND First Quarter Summary FY 2008/09 24 The amended 2008/09 Capital Improvement Program budget report is submitted for the City Council's first quarter review. The net proposed amendment is a budget increase of $2,195,309. 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 not previously approve the following Capital Improvement Budget increases to projects: Storm Pipe System Improvements – To record a budget increase in the amount of $25,417.59 in Stormwater Utility revenue from retained earnings, representing excess cash from interest earnings. Light Replacement – To record a budget increase in the amount of $14,288 in General Fund revenue representing operating savings in the Parks and Recreation budget to support the light replacement program. Clearwater Golf Course Acquisition – To record a budget increase of $24,115.50 of General Fund revenue representing operating savings in the Parks and Recreation budget to cover the closing costs of the purchase. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Royalty Theater Acquisition 2,650,000 11/06/08 Downtown Streetscape- Phase II 1,818,925 11/06/08 Lake Chautauqua Equestrian and National Preserve 717,000 11/18/08 Aging Well Center 787,220 2/19/09 Clearwater Golf Course Acquisition 100,000 10/15/08 Reclaim Water Distribution System 50,000 12/12/09 Attachment number 13 Page 1 of 1 Increase/ AmdmtProject(decrease)Transfer Net Budget #Number Amount Amount Description Amendment Rescue Vehicle - Budget Amendment Only 1315-9123615,407 *To record a budget increase of $15,407 in lease purchase funding, to provide for the balance of the contract with Ten-8 Fire Equipment, Inc. for the purchase of a Medtec transport ambulance. This was approved by the City Council on October 15, 2008. 15,407 Beach Walk 2315-9226729,780To record a budget transfer in the amount of $29,780.24 of Stormwater Utility revenue from project 315-92269, Downtown Streetscape. This was approved by the City Council on February 19, 2009. 357-92267183,870To record a budget transfer in the amount of $183,870.33 of 04 Stormwater Bond proceeds from project 357-92269, Downtown Streetscape. This was approved by City Council on February 19, 2009. 378-92267(189,972)To record a budget transfer in the amount of $189,972.33 of 06 Water and Sewer Bond proceeds to project 378-96764, RO Plant Exp- Res #1.23,678 Downtown Streetscape -CLOSE PROJECT 3315-92269(636,000) To record a budget transfer in the amount of $636,000 in Penny for Pinellas revenue to project 315-92275, Downtown Streetscape Phase II. This was approved by the City Council on November 6, 2008 to create a pedestrian-friendly downtown environment, coupled with significant entrance and directional signage which is a key element of the Downtown revitalization strategy detailed in the Clearwater Downtown Redevelopment Plan. 315-92269(171,839) To record a budget transfer in the amount of $171,838.59 in Penny for Pinellas revenue to project 315-92275, Downtown Streetscape Phase II, due to the completion of the project. This will close the project. 315-92269(29,780) To record a budget transfer in the amount of $29,780.24 of Stormwater Utility revenue to project 315-92267, Beach Walk. This was approved by the City Council on February 19, 2009. 315-92269(5,898) To record a budget transfer in the amount of $5,897.83 of Stormwater Utility revenue to project 315-96124, Storm Pipe System Improvement due to the completion of the project. 315-92269(31,620) To record a budget transfer in the amount of $31,620.00 of Sewer revenue to project 315-96620, WWTP Headworks due to the completion of the project. 357-92269(183,870) To record a budget transfer in the amount of $183,870.33 of 04 Stormwater Bond proceeds to project 357-92267, Beach Walk. This was approved by City Council on February 19, 2009. CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 25 * indicates budget amendment only Attachment number 14 Page 1 of 10 Increase/ AmdmtProject(decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Downtown Streetscape -CLOSE PROJECT (continued) 3378-92269(158,622) To record a budget transfer in the amount of $158,622.27 of 06 Water and Sewer Bond proceeds to project 378-96764, RO Plant Exp-Res #1 due to the completion of the project.(1,217,629) Streets and Sidewalks - Budget Amendment Only 4315-9227312,000 * To record a budget increase in the amount of $12,000 of Other Contributions received from the Sand Pearl in August 2008.12,000 Downtown Streetscape - Phase II - NEW PROJECT To establish the project budget in the amount of $2,626,764 as follows: 5 315-92275 596,110 To record a budget transfer of $636,000 of Penny for Pinellas funds from project 315-92269, Downtown Streetscape. Of this amount, $39,890 is designated to provide public art for the project. This was approved by the City Council on November 6, 2008. 325-9227539,890 315-922751,622,925*To record a budget increase of $1,622,925 of Central Insurance Fund revenue, which will be replaced by CRA funds as they become available over the next two to three fiscal years. 315-92275171,839To record a budget transfer $171,838.59 of Penny For Pinellas revenue from project 315-92269, Downtown Streetscape I due to the completion of Phase I. 315-92275196,000 *To record a budget increase recognizing $196,000 of HUD proceeds received from the Federal Government to begin the design portion of project 315-92275, Downtown Streetscape Phase II. This was approved by City Council on November 6, 2008.2,626,764 Clearwater Beach West Bridge Spur Connector - CLOSE PROJECT 6315-92340(564,121) *To decrease the budget in the amount of $564,120.60 of Florida Department of Transportation Grant funding due to the completion of this project under budget. 315-92340(5,070) To record a budget transfer in the amount of $5,070.09 of Transportation Impact Fees to project 315-92551, City Wide Intersection Improvements. This amendments will close the Clearwater Beach West Spur Connector project.(569,191) City Wide Intersection Improvements 7315-925515,070 To record a budget transfer in the amount of $5,070.09 of Transportation Impact Fees from project 315-92340, Clearwater Beach West Bridge Spur Connector.5,070 26 * indicates budget amendment only Attachment number 14 Page 2 of 10 Increase/ AmdmtProject(decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Parking Lot Resurfacing 8315-92630(37,000)To record a budget transfer of $37,000 in Parking revenue to project 315-92636, Parking Lot Improvements. This was approved by the City Council on December 18, 2008 to provide sufficient funding for the improvements of an additional 100 temporary parking spaces at 100 Coronado. 315-92630(63,000)To record an additional budget transfer of $63,000 in Parking revenue to project 315-92636, Parking Lot Improvements. This was approved by the City Council on December 18, 2008 to provide funding for proposed and potential parking lot improvements that may arise on the beach or downtown. 8315-92630(100,000)To record a budget transfer of $100,000 of Parking revenue to project 315-92636, Parking Lot Improvements, as approved by City Council on December 18, 2008.(200,000) Parking Lot Improvements 9315-9263637,000 To record a budget transfer of $37,000 in Parking revenue from project 315-92630, Parking Lot Resurfacing. This was approved by the City Council on December 18, 2008 to provide sufficient funding for the improvements of an additional 100 temporary parking spaces at 100 Coronado. 315-9263663,000 To record a budget transfer of $63,000 in Parking revenue from project 315-92630, Parking Lot Resurfacing. This was approved by the City Council on December 18, 2008 to provide funding for proposed and potential parking lot improvements that may arise on the beach or downtown. 315-92636100,000 To record a budget transfer of $100,000 of Parking revenue from project 315-92630, Parking Lot Resurfacing. This was approved by City Council on December 18, 2008 to provide funding for proposed and potential parking lot improvements that may arise on the beach or downtown.200,000 Concrete Sidewalk & Pad Repair 10315-9320425,000To record a budget transfer of $25,000 of General Fund revenue from project 315-93286, Parking Lot Bike Path Resurfacing. This is to provide additional needed funds to repair more than the usual amount of broken sidewalks in parks.25,000 Community Sports Complex Infrastructure Rep / Imp 11315-9320520,000*To record a budget increase in the amount of $20,000.00 of General Fund revenue derived from operating savings with regard to supplies and contractual services within the Athletic Field Maintenance Department.20,000 27 * indicates budget amendment only Attachment number 14 Page 3 of 10 Increase/ AmdmtProject(decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Parks & Beautification Maintenance Building - CLOSE PROJECT 12315-93255(5,673)To record a budget decrease of $5,673.32 in Sales Tax Infrastructure / Penny for Pinellas revenue and return the funds to the Special Development Fund. This will close the Parks & Beautification Maintenance Building project.(5,673) Countryside Community Park Concession & Restroom Building - CLOSE PROJECT 13315-93256(9,712)To record a budget transfer of $9,712.26 in General Fund revenue to project 315-93269, Light Replacement. Additional funds are needed for the Joe DiMaggio Sports Complex. This will close the Countryside Community Park Building project.(9,712) Light Replacement To record a budget transfer of $9,712.26 in General Fund 14315-932699,712revenue from project 315-93256, Countryside Community Park Concession & Restroom Building. 315-9326914,288 *To record a budget increase in the amount of $14,288 in General Fund revenue representing operating savings in the Parks and Recreation budget to support the light replacement program. 24,000 Parking Lot Bike Path Resurfacing 15315-93286(25,000)To record a budget transfer of $25,000.00 in General Fund revenue to project 315-93204, Concrete Sidewalk & Pad Repair. This is to provide additional funds to repair an unusual amount of broken sidewalks in parks(25,000) Sailing Center Expansion - CLOSE PROJECT 16315-934072,512 To record a budget transfer of $2,511.60 from project 315- 93499, Pier 60 / Sailing Center Maintenance. This was approved by City Council on November 18, 2008, to cover additional work necessary to meet permit requirements, adding a storage closet, ramp and fan bracing and product substitutions for the Clearwater Community Sailing Center expansion project. 315-93407(4,150) To record a transfer of $4,150.00 of General Fund revenue to project 315-93499, Pier 60 / Sailing Center Maintenance due to completion of the project.(1,638) Marina Renovations 17315-93409(140,000) To record a budget decrease in the amount of $140,000.00 in Marina Funds revenue, to reduce the project budget and offset operating budget deficits in the current fiscal year.(140,000) Fuel System Repair / Replacement 18315-93490(40,000) To record a budget decrease in the amount of $40,000.00 in Marina Funds revenue, to reduce the project budget and offset operating budget deficits in the current fiscal year.(40,000) 28 * indicates budget amendment only Attachment number 14 Page 4 of 10 Increase/ AmdmtProject(decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Marine Facility Dredging / Maintenance 19315-93496(50,000) To record a budget decrease in the amount of $50,000.00 in Marina Funds revenue, to reduce the project budget and offset operating budget deficits in the current fiscal year.(50,000) Pier 60 / Sailing Center Maintenance 20315-93499(2,512)To record a budget transfer of $2,511.60 of General Fund revenue to project 315-93407, Sailing Center Expansion. This was approved by City Council on November 18, 2008 to cover additional work necessary to meet permit requirements, adding a storage closet, ramp and fan bracing and product substitutions for the Clearwater Community Sailing Center expansion project. 315-934994,150To record a budget transfer in the amount of $4,150.00 of General Fund revenue from project 315-93407, Sailing Center Expansion, due to the completion of the project.1,638 Lake Chautauqua Equestrian and National Preserve 21315-93601717,000To record a budget increase of $456,100 of Recreation Land Impact Fees and $260,900 of Open Space Impact Fees from the Special Development Fund for the purchase of Lake Chautauqua Equestrian and Natural Preserve. This was approved by City Council on November 18, 2008. 315-93601(3,022,000) *To record a budget decrease of $3,022,000 in State Grants from the Florida Communities Trust, to bring the grant budget in line with the grant approved by City Council on November 18, 2008 (2,305,000) Forklift - CLOSED PROJECT 22316-93603(8,701) *To record a budget decrease in the amount of $8,701.00 in Lease Purchase revenue, which will close the project. The forklift has been purchased.(8,701) Clearwater Golf Course Acquisition 23315-93609100,000 To record a budget increase of $100,000 in General Fund revenue, which will be transferred from the unappropriated retained earnings of the General Fund. This will provide for the balance of the purchase contract for the Clearwater Golf Course acquisition. This was approved by the City Council on October 15, 2008. 315-9360924,116 An additional increase of $24,115.50 is transferred from General Fund revenue representing operating savings in the Parks and Recreation budget to cover the closing costs of the purchase.124,116 Bulldozer - CLOSE PROJECT 24316-93610(205,000) *To record a budget decrease in the amount of $205,000.00 in Lease Purchase revenue, which will close the project. The forklift will not be purchased.(205,000) 29 * indicates budget amendment only Attachment number 14 Page 5 of 10 Increase/ AmdmtProject(decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Multi Terrain Loader - CLOSE PROJECT 25316-93611(812) *To record a budget decrease in the amount of $812.12 in Lease Purchase revenue, which will close the project. The Loader has been purchased.(812) Royalty Theater Acquisition - NEW PROJECT 26315-936142,650,000 To establish the project and record a budget increase in the amount of $2,650,000 in Special Development Fund revenue, which will be transferred from the unappropriated retained earnings of the Special Development Fund. This was approved by City Council on November 6, 2008. 315-936142,400,000 To record a budget increase in the amount of $2,400,000.00 315-93614(2,400,000) of Penny for Pinellas reserve funds, rather than from Special Development Fund reserves as previously approved. The fund change was approved by City Council on December 4, 2008.2,650,000 Aging Well Center - NEW PROJECT To establish the project and record a budget increase in the amount of $1,029,720 as follows: 27315-93615727,500 *To record a Florida Department of Elder Affairs (DOEA) Senior Center Fixed Capital Outlay Grant to renovate, equip and furnish the Aging Well Center. 315-93615242,500To record a budget increase and transfer of $242,500 in General Fund revenue from project 315-94524, Long Center Major Infrastructure Improvements. 315-9361559,720*To record a budget increase in the amount of $59,720 in General Fund revenue derived from operating savings in the Parks and Recreation operating budget. This will fund the architectural costs for the Aging Well Center project, and was approved by the City Council on February 19, 2009.1,029,720 Long Center Major Infrastructure Improvements 28315-94524(242,500)To record a budget decrease and transfer of $242,500 in General Fund revenue to project 315-93615, Aging Well Center. The Aging Well Center will be located at the Long Center.(242,500) 30 * indicates budget amendment only Attachment number 14 Page 6 of 10 Increase/ AmdmtProject(decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Storm Pipe System Improvements 29315-9612425,418 To record a budget increase in the amount of $25,417.59 of Stormwater Utility revenue from retained earnings which represents excess cash from fiscal year 2008 fourth quarter interest earnings in the amount of $16,053.21 and $9,364.38 in first quarter fiscal year 2009 interest earnings in bond construction funds 357 and 377. 315-961245,898 To record a budget transfer in the amount of $5,897.83 of Stormwater Utility revenue from project 315-92269, Downtown Streetscape, due to the completion of the Downtown Streetscape project. 357-96124(54,376) To record a budget transfer in the amount of $54,376 of Stormwater Bond proceeds to project 357-96167, Alligator Creek Channel G Drainage. This will allow the oldest bond revenue to be spent first. 380-9612454,376 To record a budget transfer in the amount of $54,376 of 09 Stormwater Bond proceeds from project 380-96167, Alligator Creek Channel G Drain Improvements. This will allow the oldest bond revenue to be spent first.31,315 Stevenson's Creek Implementation Project - CLOSE PROJECT 30315-96144(1,000,000) To record a budget transfer in the amount of $1,000,000 of SWFWMD revenue to project 315-96169, Stevenson Creek. 315-96144(82,271)To record a budget transfer in the amount of $82,271.30 of Storm- water Utility revenue to project 315-96169, Stevenson Creek. 380-96144(903,769)To record a budget transfer in the amount of $903,769.33 of 09 Stormwater Bond proceeds to project 380-96169 Stevenson Creek. These three amendments will close the Stevenson's Creek Implementation Project.(1,986,041) Storm System Expansion - CLOSE PROJECT 31315-96149(216,727)To record a budget transfer of $216,727.29 of Stormwater Utility revenue to project 315-96168, Stormwater System Expansion. 380-96149(149,680) To record a budget transfer in the amount of $149,679.96 of 09 Stormwater Bond proceeds to project 380-96168, Stormwater System Expansion. The two amendments will close the project.(366,407) 31 * indicates budget amendment only Attachment number 14 Page 7 of 10 Increase/ AmdmtProject(decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Coastal Basin Improvements - CLOSE PROJECT 32315-96161(3,136,665)To record a budget transfer in the amount of $3,136,665.23 of Stormwater Utility revenue to project 315-96170, Coastal Basin Projects. 380-96161(64,364) To record a budget transfer in the amount of $64,363.92 of 09 Stormwater Bond proceeds to project 380-96170, Coastal Basins Projects. The two amendments will close the project.(3,201,029) Alligator Creek Channel G Drain Improvements 33357-9616754,376To record a budget transfer in the amount of $54,376 of 04 Stormwater Bond proceeds from project 315-96124, Storm Pipe System Improvements. This will allow the oldest bond revenue to be spent first. 380-96167(54,376)To record a budget transfer in the amount of $54,376 of 09 Stormwater Bond proceeds to project 380-96124, Storm Pipe System Improvements. This will allow the oldest bond revenue to be spent first.- Stormwater System Expansion 34315-96168216,727To record a budget transfer in the amount of $216,727.29 of Stormwater Utility revenue from project 315-96149, Storm System Expansion which will be closed. 380-96168149,680 To record a budget transfer in the amount of $149,679.96 of 09 Stormwater Bond proceeds from project 380-96149, Storm System Expansion. This will close the Storm System Expansion project.366,407 Stevenson Creek 35315-961691,000,000 To record a budget transfer in the amount of $1,000,000.00 of SWFWMD revenue from project 315-96144, Stevenson's Creek Implementation Project. 315-9616982,271To record a budget transfer in the amount of $82,271.30 of Stormwater Utility revenue from project 315-96144, Stevenson's Creek Implementation Project. 380-96169903,769 To establish the budget in the Stormwater Revenue Bond Construction Fund with $903,769.33 of 09 Stormwater Bond proceeds from project 380-96144, Stevenson's Creek Implementation Project. These three amendments will close the Stevenson's Creek Implementation Project.1,986,041 Coastal Basins Projects 36315-961703,136,665To record a budget transfer in the amount of $3,136,665.23 of Stormwater Utility revenue from project 315-96161, Coastal Basin Improvements 380-9617064,364 To record a budget transfer in the amount of $64,363.92 of 09 Stormwater Bond proceeds from project 380-96161, Coastal Basin Improvements. These two amendments will close the Coastal Basin Improvement project.3,201,029 32 * indicates budget amendment only Attachment number 14 Page 8 of 10 Increase/ AmdmtProject(decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Pasco New Mains-Service Lines 37315-963789,000 *To record a budget increase in the amount of $9,000.00 in Property Owners Shared revenue. This amount is to recognize proceeds received from Publix Super Market on July 24, 2008.9,000 Odor Control 38315-966154,807 *To record a budget increase in the amount of $4,806.84 in Other Governmental revenue, representing reimbursements from the City of Safety Harbor. This will bring cash in the project inline with the project budget.4,807 WWTP Generator Replacements 39315-96619172,122To record a budget transfer of $172,122.12 in Sewer Fund revenues from project 315-96664, WPC Building R & R. 378-96619(172,122)To record a budget transfer of $172,122.12 in 2006 Water Sewer Bond proceeds to project 378-96664, WPC R & R.- WWTP Headworks 40315-9662031,620To record a budget transfer in the amount of $31,620.00 of Sewer Fund revenues from project 315-92269, Downtown Streetscape due to the completion of the Downtown Streetscape project.31,620 WPC R & R 41378-96664172,122To record a budget transfer of $172,122.12 in 2006 Water Sewer Bond proceeds from project 378-96619, WWTP Generator Replacements. 315-96664(172,122)To record a budget transfer of $172,122.12 in Sewer Fund revenue to project 315-96619, WWTP Generator Replacement.- Pump Station Replacement 42376-9668650 *To record a budget increase in the amount of $50.00 in 2008 Water & Sewer Bond proceeds which will correct third quarter, FY08, amendment number 43, which was approved by the City Council on August 7, 2008.50 Reclaimed Water Distribution System 43315-9673950,000 *To record a budget increase recognizing $50,000 of SWFWMD funding based upon the cooperative agreement approved by the City Council on December 12, 2009.50,000 Well Rehabilitation 44315-96750187,811To record a budget transfer in the amount of $187,810.61 in Water Fund revenue from project 315-96763, Wellfield Expansion. 378-96750(187,811)To record a budget transfer in the amount of $187,810.61 in 2006 Water Sewer Bond proceeds to project 378-96763, Wellfield Expansion.- 33 * indicates budget amendment only Attachment number 14 Page 9 of 10 Increase/ AmdmtProject(decrease)Transfer Net Budget #Number Amount Amount Description Amendment CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Wellfield Expansion 45315-96763(187,811)To record a budget transfer in the amount of $187,810.61 in Water Fund revenue to project 315-96750, Well Rehabilitation. 378-96763187,811To record a budget transfer in the amount of $187,810.61 in 2006 Water Sewer Bond proceeds from project 378-96750, Well Rehabilitation.- RO Plant Exp-Res #1 46378-96764189,972 To record a budget transfer in the amount of $189,972.33 of 06 Water and Sewer Bond proceeds from project 378-92267, Beach Walk Phase I, due to the completion of the project. 378-96764158,622 To record a budget transfer in the amount of $158,622.27 of 06 Water and Sewer Bond proceeds from 315-92269, Downtown Streetscape due to the completion of the project.348,595 Trackhoe & Trailer - CLOSED PROJECT 47316-96769(16,614) * To record a budget decrease in the amount of $16,614.09 in Lease Purchase revenue. This will bring the budget inline with the actual lease proceeds received. This project is complete and will be closed out.(16,614) TOTALS 2,195,309 - 2,195,309 34 * indicates budget amendment only Attachment number 14 Page 10 of 10 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 BudgetRevisedProjectOpenAvailable Amend Description10/1/08AmdmtsBudgetTo DateEncumbranBalance StatusRef PUBLIC SAFETY Police Protection 91147Police Computer Network - II646,028 646,028 275,994 - 370,034 Sub-Total646,028 - 646,028 275,994 - 370,034 Fire Protection 91221EMS Capital Equipment 1,037,316 1,037,316 1,020,984 11,639 4,693 91226Vehicular Support505,509 505,509 451,087 - 54,422 91229Replace & Upgrade Airpacks802,000 802,000 526,186 8,654 267,160 91236Rescue Vehicle447,560 15,407 462,967 462,967 - - 1 91242Fire Training Facility4,915,000 4,915,000 4,317,652 483,931 113,417 91247Traffic Pre-Emption180,000 180,000 29,548 - 150,452 91252Station 48 Renovation/Expansion651,500 651,500 123,242 11,912 516,346 91253Main Station (Fire)3,000,000 3,000,000 81,549 - 2,918,451 91255Exhaust Systems155,480 155,480 - - 155,480 91256Security Access Systems90,380 90,380 37,647 - 52,733 91257AED Program60,500 60,500 35,585 1,645 23,270 91258Ladder Truck Equipment150,000 150,000 82,966 - 67,034 91259Radio Replacements150,000 150,000 68,541 7,104 74,355 91260Thermal Imaging Cameras20,000 20,000 19,978 - 22 91261Personal Protection Equipment456,000 456,000 248,271 - 207,729 91262SCBA Upgrades-Fill Station73,900 73,900 73,500 - 400 91263Extrication Tools56,000 56,000 51,471 - 4,529 91264Fire Hose Replacement25,000 25,000 - - 25,000 Sub-Total 12,776,145 15,407 12,791,552 7,631,174 524,884 4,635,493 Actual Expenditures Sub-Total 12,776,145 15,407 12,791,552 7,631,174 524,884 4,635,493 TRANSPORTATION New Street Construction 92146Druid Road Improvements4,362,191 4,362,191 1,453,205 166,018 2,742,969 Sub-Total4,362,191 - 4,362,191 1,453,205 166,018 2,742,969 Major Street Maintenance 92259Traffic Calming12,487,941 12,487,941 4,745,820 2,447,467 5,294,654 92267Beach Walk31,533,448 23,678 31,557,126 29,905,651 1,488,467 163,008 2 92268Bluff to Beach Guideway140,000 140,000 90,000 - 50,000 92269Downtown Streetscape11,146,370 (1,217,629) 9,928,741 9,928,741 - - C3 92270Gulf to Bay / Highland Improvement1,500,000 1,500,000 340 - 1,499,660 92273Streets and Sidewalks9,111,743 12,000 9,123,743 1,316,330 3,295 7,804,118 4 92274Bridge Maintenance & Improvements949,820 949,820 186,188 4,346 759,286 92275Downtown Streetscape- Phase II- 2,626,764 2,626,764 - - 2,626,764 5 Sub-Total66,869,322 1,444,813 68,314,135 46,173,070 3,943,575 18,197,489 Sidewalks and Bike Trail 92339New Sidewalks550,849 550,849 468,500 - 82,349 92340Clw Bch West Bridge Connector4,967,276 (569,191) 4,398,086 4,398,086 - - C6 92342Beach Connector Trail1,556,390 1,556,390 250,518 62,190 1,243,682 Sub-Total7,074,515 (569,191) 6,505,324 5,117,104 62,190 1,326,031 Intersections 92551City-Wide Intersection Improvement965,778 5,070 970,848 441,009 - 529,838 7 92552Signal Renovation 1,110,698 1,110,698 962,465 53,690 94,543 92553New Signal Installation 881,789 881,789 728,836 71,235 81,718 92558Intersection Improvements-II2,085,742 2,085,742 781,719 513,318 790,705 Sub-Total5,044,007 5,070 5,049,077 2,914,029 638,243 1,496,804 35 Attachment number 15 Page 1 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 BudgetRevisedProjectOpenAvailable Amend Description10/1/08AmdmtsBudgetTo DateEncumbranBalance StatusRef Actual Expenditures Parking 92630Parking Lot Resurfacing1,561,603 (200,000) 1,361,603 593,285 - 768,317 8 92632Parking Garage Structure Repair1,368,432 1,368,432 688,954 - 679,477 92636Parking Lot Improvement1,297,627 200,000 1,497,627 982,027 143,537 372,063 9 92641Seashell Parking Lot6,000,000 6,000,000 - - 6,000,000 92646Station Square Parking1,300,000 1,300,000 - - 1,300,000 Sub-Total11,527,661 - 11,527,661 2,264,266 143,537 9,119,858 Miscellaneous Engineering 92820Memorial Causeway Br Replace37,258,665 37,258,665 36,938,821 59,025 260,818 92822Miscellaneous Engineering469,025 469,025 267,194 - 201,832 92838Variable Message Boards80,000 80,000 - 53,750 26,250 Sub-Total37,807,690 - 37,807,690 37,206,015 112,775 488,900 LEISURE Land Acquisition Sub-Total- - - - - - Park Development 93203Carpenter Field-Infras Rep/Improve180,000 180,000 75,044 - 104,956 93204Concrete Sidewalk & Pad Repair477,913 25,000 502,913 472,157 - 30,755 10 93205Com Sprts Cmp Infr Rep/Improve325,822 20,000 345,822 239,726 50,901 55,195 11 93213Park Amenity Purch & Rplcmnt809,942 809,942 718,777 15,868 75,297 93229Tennis Court Resurfacing621,582 621,582 501,377 24,960 95,246 93230Playgrd & Fitness Equip Purch-Repl 1,455,210 1,455,210 1,284,849 15,668 154,693 93246 Long Center Pool Project 925,000 925,000 915,128 1,040 8,832 93246 Long Center Pool Project 925,000 925,000 915,128 1,040 8,832 93247Fitness Equipment Replacement100,000 100,000 52,909 2,665 44,426 93248National Guard Armory Renovation850,140 850,140 802,290 47,847 3 93251Morningside Rec Ctr Replacement3,135,000 3,135,000 40,633 2,070 3,092,297 93255Park&Beau Maint Bldg100,000 (5,673) 94,327 94,327 - - C12 93256C/S Comm Pk Bldg425,000 (9,712) 415,288 415,288 - - C13 93257Joe D Sports Complex Demo296,000 296,000 295,560 342 98 93262Fencing Replacement Program1,117,555 1,117,555 969,674 - 147,881 93263Public Art Maintenance1,498 1,498 - - 1,498 93264Enterprise Road Dog Park468,905 468,905 89,043 14,294 365,568 93265Beach Library/Rec Ctr Renovations810,873 810,873 582,954 223,156 4,763 93269Light Replacement1,676,676 24,000 1,700,677 1,526,999 8,400 165,278 14 93271Swimming Pool R&R414,400 414,400 235,908 499 177,993 93272Bike Paths/Bridges2,250,000 2,250,000 1,080,267 28,780 1,140,953 93273Restrooms on Clearwater Beach588,000 588,000 31 57,320 530,649 93277Harborview Infra Rep/Impr635,451 635,451 379,095 - 256,357 93278Long Center Infra Repairs368,708 368,708 300,688 3,600 64,420 93286Parking Lot/Bike Path Rsr/Imprv436,943 (25,000) 411,943 313,073 16,035 82,835 15 93601Lake Chaut Equest & Nat Preserve6,000,000 (2,305,000) 3,695,000 15,792 - 3,679,208 21 93602Sp Events Equip Rep & Rplcmnt60,000 60,000 28,929 - 31,071 93603Forklift 34,000 (8,701) 25,299 25,299 - - C22 93604Brdwlks & Docks Rep & Rplcmnt125,000 125,000 26,475 - 98,525 93605Ross Norton Park Improvements200,000 200,000 177,143 - 22,857 93606Carpenter Complex Clubhouse Ren3,000,000 3,000,000 237,048 50,270 2,712,683 93607P&R Cust Mgmt & Fac Sch Sys60,00060,000 - 60,000 - 93608Misc Minor Public Art10,553 10,553 - - 10,553 93609Clearwater Golf Course Acquisition2,025,000 124,116 2,149,116 2,125,000 - 24,116 23 93610Bulldozer205,000 (205,000) - - - - C24 93611Multi Terrain Loader58,000 (812) 57,188 - 57,188 - C25 93612McMullen Tennis Complex400,000 400,000 - - 400,000 93614Royalty Theater Acquisition- 2,650,000 2,650,000 2,354,868 - 295,132 26 93615Aging Well Center- 1,029,720 1,029,720 - - 1,029,720 27 Sub-Total30,648,171 1,312,937 31,961,108 16,376,350 680,901 14,903,857 36 Attachment number 15 Page 2 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 BudgetRevisedProjectOpenAvailable Amend Description10/1/08AmdmtsBudgetTo DateEncumbranBalance StatusRef Actual Expenditures Marine Facilities 93402Bayfront Promenade1,377,227 1,377,227 815,285 561,943 - 93403Beach Guard Facility Maint40,000 40,000 14,083 - 25,917 93405Downtown Boat Slips13,522,893 13,522,893 1,300,266 10,165,042 2,057,584 93407Sailing Center Expansion400,000 (1,638) 398,362 313,467 84,895 - C16 93408Bch Rec Ctr Boat Ramp Rplcmnt700,000 700,000 116,293 35,000 548,707 93409Marina Renovations140,000 (140,000) - - - - 17 93413Utilities/Services Replace393,966 393,966 378,582 - 15,385 93429Dock Replacement & Repair349,040 349,040 302,358 - 46,682 93490Fuel System R&R154,792 (40,000) 114,792 56,522 - 58,270 18 93495Dock Construction39,750 39,750 16,408 - 23,342 93496Marine Fac Dredge/Maint626,781 (50,000) 576,781 520,011 - 56,770 19 93497Docks & Seawalls586,085 586,085 121,641 2,496 461,948 93499Pier 60/Sailing Center Maint150,313 1,638 151,952 134,272 7,199 10,481 20 Sub-Total18,480,848 (230,000) 18,250,848 4,089,188 10,856,575 3,305,087 Airpark 94817Airpark Maint & Repair80,000 80,000 66,451 38 13,511 94846FBO Bldg Improvements425,000 425,000 170,489 17 254,494 Sub-Total 505,000 - 505,000 236,940 55 268,005 Libraries 93527Books & Other Lib Mat - II4,063,671 4,063,671 3,221,912 3,584 838,175 Sub-Total 4,063,671 - 4,063,671 3,221,912 3,584 838,175 Sub-Total 4,063,671 - 4,063,671 3,221,912 3,584 838,175 Garage 94230Fleet Asset Mgmt Sys250,702 250,702 237,552 12,609 540 94232Radio User Equip Replacement950,000 950,000 704,938 124,673 120,389 94233Motorized Equip-Cash II604,099 604,099 545,866 12,491 45,742 94234Motorized Equip - LP II19,007,541 19,007,541 15,962,111 246,985 2,798,445 Sub-Total20,812,342 - 20,812,342 17,450,467 396,758 2,965,117 Building Maintenance 94510Air Cond Replace-City Wide2,233,459 2,233,459 1,815,557 5,779 412,123 94512Roof Repairs 597,635 597,635 444,755 - 152,879 94514Roof Replacements 1,595,334 1,595,334 967,178 - 628,155 94517Painting of Facilities764,380 764,380 350,769 - 413,611 94518Fencing of Facilities164,811 164,811 121,400 - 43,412 94519Flooring for Facilities847,942 847,942 643,196 - 204,746 94521Elevator Refurbish/Modernization220,000 220,000 - - 220,000 94522B&M Asset Mgmt Sys130,886 130,886 123,691 5,561 1,634 94524Long Center Major Infrst Imprvmts2,905,000 (242,500) 2,662,500 798,643 1,711,500 152,357 28 Sub-Total9,459,447 (242,500) 9,216,947 5,265,189 1,722,840 2,228,917 General Public City Buildings & Equipment 94620New City Hall108,750 108,750 164 - 108,586 94622MSB/Lib Hurricane Protection620,000 620,000 603,800 - 16,200 94623Public Comm Office Renovations14,000 14,000 10,962 - 3,038 Sub-Total742,750 - 742,750 614,926 - 127,824 37 Attachment number 15 Page 3 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 BudgetRevisedProjectOpenAvailable Amend Description10/1/08AmdmtsBudgetTo DateEncumbranBalance StatusRef Actual Expenditures Miscellaneous 94729City-wide Connect Infra1,481,478 1,481,478 1,231,993 111,781 137,705 94736Geographic Information Sys1,052,726 1,052,726 849,194 21,000 182,532 94761Poll Stor Tank Rem/Repl-Gen Fd413,658 413,658 241,624 5,636 166,398 94801Tidemark Upgrade802,623 802,623 501,829 - 300,794 94803Environmental Assmt & Clean-up753,664 753,664 306,355 - 447,309 94809Financial Sys Replacement974,012 974,012 974,012 - - 94814Network Infra & Server Upgr1,185,057 1,185,057 922,703 - 262,354 94820HR Peoplesoft Upgrade450,000 450,000 75,420 - 374,580 94824IT Disaster Recovery250,000 250,000 179,290 - 70,710 94827Telecommunications Upgrade204,000 204,000 - - 204,000 94828Financial Systems Upgrades451,628 451,628 100,079 170 351,379 94829CIS Upgrades / Replacement547,376 547,376 60,290 - 487,086 94830MS Licensing / Upgrades650,000 650,000 5,245 7,642 637,113 94833Computer Monitors320,000 320,000 301,822 - 18,178 94839Roadway & Traffic Asset Mgt400,000 400,000 - - 400,000 94842MSB Pkg Lot Resurf/Imprvmts400,000 400,000 10,684 - 389,316 94848Station Square Park519,620 519,620 52,027 467,593 - 94850Backfile Conversion of Records500,000 500,000 94,912 403,710 1,377 94857Accela Permitting & Code Enforce25,000 25,000 - - 25,000 Sub-Total11,380,842 - 11,380,842 5,907,479 1,017,532 4,455,830 UTILITIES Stormwater UtilityStormwater Utility 96124Storm Pipe System Improvements7,392,961 31,315 7,424,276 5,962,722 279,889 1,181,665 29 96125Prospect Lake Park7,610,847 7,610,847 7,495,943 43,804 71,100 96129Stev Ck Estuary Restor8,356,327 8,356,327 4,375,420 - 3,980,907 96137FDEP Compliance1,008,000 1,008,000 244,307 390,326 373,367 96141Kapok Flood Resolution18,860,704 18,860,704 18,808,297 19,401 33,005 96144Stevensen Creek Impl Projects11,210,594 (1,986,041) 9,224,553 9,224,553 0 - C30 96149Storm Sys Expansion1,157,032 (366,407) 790,625 790,625 - - C31 96152Lake Bellevue Stormwater Imp4,486,426 4,486,426 612,426 - 3,874,000 96154Alligator Creek Implemt - II7,593,964 7,593,964 1,132,996 104,000 6,356,967 96158Transfer Yard Upgrade709,966 709,966 105,825 14,861 589,280 96161Coastal Basin Improvement3,343,965 (3,201,029) 142,936 142,936 - - C32 96164Allen's Creek Improvement Projects876,500 876,500 1,375 - 875,125 96166Spring Branch Enhancement Proj2,000,000 2,000,000 - 202,052 1,797,948 96167Alligator Creek Chan G Drain Impr992,074 - 992,074 227,084 675,098 89,892 33 96168Stormwater System Expansion500,000 366,407 866,407 - - 866,407 34 96169Stevenson Creek1,060,000 1,986,041 3,046,041 - - 3,046,041 35 96170Coastal Basin Projects1,600,000 3,201,029 4,801,029 - - 4,801,029 36 Sub-Total78,759,359 31,315 78,790,675 49,124,509 1,729,432 27,936,733 38 Attachment number 15 Page 4 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 BudgetRevisedProjectOpenAvailable Amend Description10/1/08AmdmtsBudgetTo DateEncumbranBalance StatusRef Actual Expenditures Water System 96721System R & R-Maintenance1,046,660 1,046,660 857,778 128,025 60,857 96739Reclaimed Water Dist Sys51,273,988 50,000 51,273,988 37,912,426 441,564 12,919,997 43 96740Water Supply/Treatment5,742,034 5,792,034 4,266,151 53,565 1,472,318 96741System R & R-Capitalized9,710,404 9,710,404 7,733,805 246,391 1,730,208 96742Line Relocation-Capitalized11,997,804 11,997,804 5,371,371 59,387 6,567,046 96743Mtr Bkflow Prev Dev/Chang4,049,182 4,049,182 1,876,402 508 2,172,272 96744System Expansion2,499,673 2,499,673 1,302,528 - 1,197,145 96750Well Rehabilitation1,542,190 - 1,542,190 1,048,447 - 493,743 44 96752Water Service Lines4,376,792 4,376,792 3,139,766 - 1,237,026 96757Water Pick Up Trucks112,801 112,801 79,021 - 33,780 96758Fluoride in Water System289,780 289,780 83,596 - 206,184 96760Elevated Water Tanks Upgrade3,208,600 3,208,600 2,138,038 - 1,070,562 96761Telemetry for Wells1,065,000 1,065,000 129,489 12,477 923,034 96763Wellfield Expansion3,977,310 - 3,977,310 620,450 211,014 3,145,845 45 96764RO Plant Exp Res #15,897,640 348,595 6,246,235 740,365 304,771 5,201,099 46 96766Water Quality Monitoring Devices600,000 600,000 8,255 - 591,745 96767RO Plant Exp Res #25,454,420 5,454,420 211,654 1,190,435 4,052,330 96768Rebate Well, Lk, Pnd Irr Abandmt150,000 150,000 3,840 - 146,160 96769Trackhoe & Trailer41,000 (16,614) 24,386 24,386 - - C47 96770Hydra Stop System36,000 36,000 - - 36,000 Sub-Total113,071,278 381,981 113,453,259 67,547,768 2,648,137 43,257,354 Sewer SystemSewer System 96202WWTP Screw Pump Replacement846,910 846,910 - 17,894 829,016 96605WWC Interceptor Lines - - - 96611Bio-Solids Treatment11,287,759 11,287,759 7,663,046 6 3,624,706 96615Odor Control742,856 4,807 747,662 663,355 - 84,308 38 96619WWTP Generator Replacements4,244,731 - 4,244,731 1,418,546 33,151 2,793,034 39 96620WWTP Headworks6,396,653 31,620 6,428,273 4,217,481 2,179,172 31,620 40 96621WWTP New Presses1,778,786 1,778,786 182,825 36,775 4 96622WWTP Aeration Imp3,897,000 3,897,000 515,177 3,277,752 104,071 96624Liquid Disinfection825,279 825,279 129,955 28,721 666,603 96630Sanitary Sewer Extention 4,615,894 4,615,894 821,896 - 3,793,998 96634Sanitary Util Reloc Accmmdtn4,021,983 4,021,983 2,361,556 5,250 1,655,178 96645Laboratory Upgrade & R&R958,299 958,299 795,650 10,820 151,829 96654Facilities Upgrade & Improvement2,740,177 2,740,177 1,649,077 - 1,091,100 96664WPC R & R11,607,917 - 11,607,917 9,794,366 154,236 1,659,315 41 96665Sanitary Sewer R&R 25,583,785 25,583,785 14,855,884 817,380 9,910,521 96666WWTP New Bypass & NE Pump462,000 462,000 - - 462,000 96670Poll Stor Tank Remov-WPC199,876 199,876 162,737 5 37,134 96686Pump Station Replacement15,408,977 50 15,409,027 11,196,801 520,045 3,692,181 42 Sub-Total95,618,882 36,477 95,655,358 56,428,352 7,081,207 30,586,616 Gas System 96358Environmental Remediation1,936,936 1,936,936 871,731 3,903 1,061,301 96365Line Relocation-Pinellas Maint1,551,089 1,551,089 347,384 - 1,203,705 96367Gas Meter Change Out-Pinellas1,240,000 1,240,000 110,640 - 1,129,360 96374Line Relocation-Pinellas Capital2,736,983 2,736,983 1,230,442 67,109 1,439,433 96376Line Relocation - Pasco Maint530,000 530,000 21,018 - 508,982 96377Pinellas New Main / Service Lines11,287,595 11,287,595 10,039,309 - 1,248,286 96378Pasco New Mains / Service Lines9,441,782 9,000 9,450,782 7,400,905 12,258 2,037,620 37 96379Pasco Gas Meter Change Out610,000 610,000 2,456 - 607,544 96381Line Reloc-Pasco-Capital755,000 755,000 954 - 754,046 96382Gas Inventory - Work Mgmt Sys992,000 992,000 693,307 - 298,693 96384Gas Building Renovation699,675 699,675 126,336 - 573,339 96385Gas Main Extensions1,257,845 1,257,845 547,717 - 710,128 Sub-Total33,038,905 9,000 33,047,905 21,392,199 83,270 11,572,436 39 Attachment number 15 Page 5 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 BudgetRevisedProjectOpenAvailable Amend Description10/1/08AmdmtsBudgetTo DateEncumbranBalance StatusRef Actual Expenditures Solid Waste 96426Facility R & R 1,476,752 1,476,752 1,114,745 39,053 322,954 96438Vehicle Acquisition906,461 906,461 777,258 - 129,203 96440Improvements to SW Complex208,785 208,785 85,370 - 123,415 96442SW Vehicle Replacements1,189,769 1,189,769 544,815 - 644,954 96443Res Container Acquisition-II751,741 751,741 429,973 89,805 231,963 96444Comm Container Acquisition-II1,460,020 1,460,020 869,644 72,000 518,376 Sub-Total5,993,528 - 5,993,528 3,821,805 200,858 1,970,865 Utility Miscellaneous 96516Citywide Aerial Photo189,666 189,666 149,533 - 40,134 96521PW Infra Mgmt System1,318,260 1,318,260 1,238,171 - 80,089 96523Pub Utilities Adm Bldg R&R261,054 261,054 189,985 - 71,069 Sub-Total1,768,980 - 1,768,980 1,577,689 - 191,292 Recycling 96804Recycling Carts/Dumpsters671,925 671,925 356,298 18,000 297,627 96805Recyc Expan/Prom/R&R987,923 987,923 669,346 - 318,577 96806Recycling Equip Replacement2,407,037 2,407,037 1,705,914 - 701,123 96807Recycling Vehicle Acquisition151,000 151,000 146,600 - 4,400 Sub-Total4,217,885 - 4,217,885 2,878,158 18,000 1,321,727 TOTAL ALL PROJECTS574,669,446 2,195,309 576,864,754 358,967,786 32,030,370 184,307,412 40 Attachment number 15 Page 6 of 6 Special Program Fund First Quarter Budget Amendments October 1, 2008 - December 31, 2008 Increase/ AmdmtProject (Decrease)Intrafund Net Budget NumberNumberAmountTransfer Amount DescriptionAmendment Public Safety Programs 1 99265122,11184,895 AmeriCorpsClearwater2009-Toestablishthe projectandrecordatransferof$84,895fromproject 181-99331,SpecialLawEnforcementTrustFundas wellasabudgetincreaseof$122,111ingrantfunding fromtheCorporationforNationalandCommunity ServiceforFederalAssistance.Thiswasapprovedby the City Council on December 18, 2008. 207,006 29926630,414 JAG'08TacticalWeaponsIlluminators-To establishtheprojectandrecordabudgetincreaseof $30,414representingUSDepartmentofJustice, BureauofJusticeAssistanceEdwardByrneMemorial JusticeAssistancegrantfunding.Thiswasapproved bytheCityCouncilonSeptember18,2008tofundthe purchase of tactical weapons illuminators and holsters.30,414 399273(36,705) AmeriCorpsClearwater2007-Recordabudget transferof$36,705.18inFines,Forfeitures&Penalties revenuetoproject181-99331,SpecialLaw EnforcementTrustFund.Thiswillreturntherevenue to the project it originated from and close the project.(36,705) 499274135,380 HomelessShelter'07-ToRecordabudgetincrease of$15,909.89inGeneralFundrevenuetobe transferredfromtheGeneralFundunappropriated retainedearnings.ThiswasapprovedbytheCity CouncilonNovember6,2008,representingpaymentin lieuoftaxesreceivedfromClearwaterHousing Authority.Torecordanadditionalbudgetincreaseof $119,470inGeneralFundrevenuetobetransferred fromtheGeneralFundunappropriatedretained earningswasapprovedbytheCityCouncilon December18,2008.Thiswillprovidefundingforthe CHIP day center.135,380 59928112,518 FederalForfeitures-Treasury-Torecordabudget increaseof$12,517.53representing$5,163.13in interestearningsfromtheprioryear,$1,007.35in Fines,Forfeitures&Penaltiesand$6,347.05inOther GovernmentalUnitRevenue.Thiswillbringthebudget in line with the actual revenues received. 12,518 41 Attachment number 16 Page 1 of 6 Special Program Fund First Quarter Budget Amendments October 1, 2008 - December 31, 2008 Increase/ AmdmtProject (Decrease)Intrafund Net Budget NumberNumberAmountTransfer Amount DescriptionAmendment 69928374 JusticeAssistanceGrantFY05-07-Torecorda budgetincreaseof$73.99ininterestearningswhich willbringthebudgetinlinewithactualrevenues received.74 799284(7,662) BeachWalkPoliceAides-CloseProject-Torecord atransferofGeneralFundrevenueof$7,662.30, representingtheprojectbalanceoncetheaccrualis reversedatyearend,backtotheGeneralFundas approvedbytheCityCouncilonNovember6,2008. Thiswillclosetheprojectasthesepositionsarenow funded by the Parking Fund.(7,662) 8 99299 1,700 JusticeAssistanceGrant -Torecordabudget increaseof$1,699.68ininterestearningswhichwill bring the budget in line with actual revenues received. 1,700 9 99310 1,000 K-9Equipment-Torecordabudgetincreaseof $1,000.00inDonationsrevenuerepresentinga donationreceivedfromtheBarsemaFamily Foundation.Thiswillbringthebudgetinlinewith actual revenues received.1,000 109931712,626 PoliceEducationFund-Torecordabudgetincrease of$12,625.60inPoliceEducationFinerevenueto matchbudgetedrevenueswithactualrevenues received.12,626 119932991,887 InvestigativeRecoveryCosts-Torecordabudget increaseof$91,887.16inFines,Forfeitures& Penaltiestomatchbudgetedrevenueswithactual revenues received.91,887 1299330181,416 FloridaContrabandForfeiture-Torecordabudget increaseof$181,416.11representing$143,200.19in Fines,Forfeitures&Penaltiesand$38,215.92in interestearningstomatchbudgetedrevenueswith actual revenues received.181,416 42 Attachment number 16 Page 2 of 6 Special Program Fund First Quarter Budget Amendments October 1, 2008 - December 31, 2008 Increase/ AmdmtProject (Decrease)Intrafund Net Budget NumberNumberAmountTransfer Amount DescriptionAmendment 1399331(108,190) LawEnforcementTrustFund-Torecordabudget transferof$108,189.82representing(1)a$36,705.18 transferinFines,Forfeitures&Penaltiesrevenuefrom project181-99273,AmeriCorps2007.Thiswillreturn therevenuetotheprojectitoriginatedfromandclose theAmeriCorps2007project,(2)a$84,895.00transfer toproject181-99265,AmeriCorps2009.Thiswas approvedbytheCityCouncilonDecember18,2008to providethecashmatchforthegrantand(3)a $60,000.00transferofFines,Forfeitures&Penalties revenuetoproject181-99356,SafeNeighborhood. Thiswillprovidefundingtowardsthesafe neighborhood requirement. (108,190) 149935010,253 VehicleReplacements-Torecordabudgettransfer of$10,253.00inPoliceServicesrevenuefromproject 181-99908,ExtraDutyProgram.Thisrepresents $4,720.00collectedinthelastquarteroffiscalyear08 and$5,533.00collectedinthefirstquarteroffiscal year 09 to fund vehicle replacements. 10,253 159935645,000 SafeNeighborhoodProgram-Torecordabudget transferof$45,000.00representingatransferof $60,000.000inFines,Forfeitures&Penaltiesfrom project181-99331,SpecialLawEnforcementTrust Fundandatransferof$15,000.00toproject181- 99947,SafeNeighborhoodTVSpecialist.Thiswill providefundingtowardstheSafeNeighborhood requirement. 45,000 169938796,271 FederalForfeitureSharing-Torecordabudget increaseof$96,270.66representing$78,117.32inUS DepartmentofJusticerevenueand$18,153.34in interestearningstomatchbudgetedrevenueswith actual revenues received.96,271 179994715,000 SafeNeighborhoodTVSpecialist-Torecorda budgettransferof$15,000.00inFines,Forfeitures& Penaltiesrevenuefromproject181-99356,Safe NeighborhoodProgram.Thiswillprovideenoughto fund the project for the remainder of FY09. 15,000 Public Safety Program Totals:677,73310,253 687,986 43 Attachment number 16 Page 3 of 6 Special Program Fund First Quarter Budget Amendments October 1, 2008 - December 31, 2008 Increase/ AmdmtProject (Decrease)Intrafund Net Budget NumberNumberAmountTransfer Amount DescriptionAmendment Community Development Programs 18996136,233 EconomicDevelopment2008-Torecordabudget transferof$6,232.83from181-99614,HousingRehab 2008 representing unused project funds.6,233 1999614(6,233) HousingRehab2008-Torecordabudgettransferof $6,232.83to181-99613,EconomicDevelopment2008 representing unused project funds.(6,233) 209962130,000 EconomicDevelopment2009-Torecordabudget transferof$30,000.00from181-99623,Program Administration2009.Whenthe2009budgetwas establishedtheEconomicDevelopment2009budget wasincludedinproject181-99623,Program Administration in error.30,000 2199623(30,000) ProgramAdministration2009-Torecordabudget transferof$30,000.00to181-99621,Economic Development2009.Whenthe2009budgetwas establishedtheProgramAdministrationbudget includedproject181-99621,EconomicDevelopment 2009 in error.(30,000) Community Development: Total:00 0 Social Services: 229953841,351 AffordableHousingImpactFees-Torecorda budgetincreaseof$41,350.77ininterestearningsto matchbudgetedrevenueswithactualrevenues received.41,351 Social Services Total:41,3510 41,351 Marine: 239970424,021 SemblerMitigationProject-Torecordabudget increaseof$24,020.67ininterestearningstomatch budgeted revenues with actual revenues received.24,021 249970712,040 BeachGuardDonations-Torecordabudget increaseof$12,040.00inDonationsrevenuetomatch budgeted revenues with actual revenues received.12,040 Marine Total:36,0610 36,061 44 Attachment number 16 Page 4 of 6 Special Program Fund First Quarter Budget Amendments October 1, 2008 - December 31, 2008 Increase/ AmdmtProject (Decrease)Intrafund Net Budget NumberNumberAmountTransfer Amount DescriptionAmendment Miscellaneous Programs: 259982237,251 JWB-NortonTeen2001-Torecordabudget increaseof$37,251.00representingCoordinatedChild Caregrantfundingforteenprograms.Thiswas approvedbyCouncilNovember6,2008.TheJuvenile WelfareBoardnamehasbeenchangedto Coordinated Child Care. 37,251 269983538,560 JWB-NorthGreenwoodTeens-Torecordabudget increaseof$38,560.00representingCoordinatedChild Caregrantfundingforteenprograms.Thiswas approvedbyCouncilNovember6,2008.TheJuvenile WelfareBoardnamehasbeenchangedto Coordinated Child Care. 38,560 2799843(384,664) MgtTrainingInitiatives-Tocloseprojectandreturn $384,663.51totheGeneralFundatfirstquarterto supportcurrentyearfiretraininginitiativesinthe amountof$182,160andreturnthebalanceof $202,503.51 to the General Fund.(384,664) 2899851676,342 SpecialEventsYR07-08-Torecordabudget increaseof$676,342.00representing:$315,060.59in Salesrevenue,$62,000.00inSponsorshipsrevenue, $1,825.00inMemberships/Registrationsrevenue, $2,335.90inDonationsrevenue,$212,713.76in Rentalsrevenueand$82,406.75inReimbursements revenue.Thiswillbringbudgetedrevenuesinlinewith actual revenues received.676,342 29998712,053 StateBrownfieldRedevelopment-Torecorda budgetincreaseof$2,053.24ininterestearningsto matchbudgetedrevenueswithactualrevenues received.2,053 30998753,000 PublicArtDonations-Torecordabudgetincreaseof $3,000inDonationsrevenuetomatchbudgeted revenues with actual revenues received.3,000 31998874,869 JWB-RossNortonCamp2008-Torecordabudget increaseof$4,868.56inOtherGovernmentalUnits representinggrantfunding,thiswillbringbudgeted revenuesinlinewithactualrevenuesreceivedand close the project.4,869 3299889624 TeenClub-Torecordabudgetincreaseof$623.90 inDonationsrevenuetomatchbudgetedrevenueswith actual revenues received. 624 45 Attachment number 16 Page 5 of 6 Special Program Fund First Quarter Budget Amendments October 1, 2008 - December 31, 2008 Increase/ AmdmtProject (Decrease)Intrafund Net Budget NumberNumberAmountTransfer Amount DescriptionAmendment 33998983,150 FireDepartmentHonorGuard-Torecordabudget increaseof$3,150.00inDonationsrevenuetomatch budgeted revenues with actual revenues received. 3,150 3499908253,675(10,253) Police-OutsideDuty-Torecorda$243,421.50net budgetincreaserepresentingthefollowing;(1)a transferof$10,253inPoliceServicesrevenueto project181-99350,VehicleReplacements.This represents$4,720collectedinthelastquarterofFY08 and$5,533collectedinthefirstquarterofFY09tofund vehiclereplacements.(2)Abudgetincreaseof $253,674.50inPoliceServicesrevenue,toreflect actual revenue collected for extra duty jobs. 243,422 35999109,676 LibrarySpecialAccount-Torecordabudget increaseof$9,676.43inDonationsrevenuetomatch budgeted revenues with actual revenues received. 9,676 3699927709 EmergencyOperations-Torecordabudgetincrease of$709.32representingadditionalreimbursementsfor HurricaneFrancesexpensestomatchbudgeted revenues with actual revenues received.709 3799962794 Parks&RecreationSpecified&GiftProgram-To recordabudgetincreaseof$794.14inDonations revenuetomatchbudgetedrevenueswithactual revenues received.794 389997047,648 TreeReplacementProgram-Torecordabudget increaseof$47,647.76inFines,Forfeitures& Penaltiestomatchbudgetedrevenueswithactual revenues received.47,648 399998221,300 EMSIncentive/Recognition-ToRecordabudget increaseof$21,300.00representingfundsfrom PinellasCountypaidtotheFireDepartmentEMS Servicesforperformingabovestandardsasoutlinedin the County EMS contract.21,300 Miscellaneous Programs Total:714,987(10,253)704,734 Grand Total:1,470,132(0)1,470,132 46 Attachment number 16 Page 6 of 6 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 Actual Expenditures BudgetRevisedProjectOpenAvailableAmend Description10/1/2006 Amendment BudgetTo DateEncumbrBalanceStatusRef PLANNING PROGRAMS 99128Countrywide Consistency Grant45,050045,05033,910011,140 99141Historic District Evaluation40,000040,00029,977010,023 99142Design Review10,000010,0000010,000 99143Enclave Annexation15,000015,0000015,000 99144Boos Development Mitigation250,0000250,00010,65468,981170,365 Sub-Total360,0500360,05074,54168,981216,528 PUBLIC SAFETY PROGRAMS 99265AmeriCorp Clearwater 20090207,006207,00600207,0061 99266Tactical Weapons Illuminator030,41430,41430,414002 99268Human Trafficking Immersion Training99,730099,73012,738 086,992 99269AmeriCorps Clearwater 2008194,2420194,242189,98104,261 99273Americorps Clearwater 2007182,735(36,705)146,030146,030 00 C 3 99274Homeless Shelter 07237,791135,380373,171253,7010119,4704 99275Bulletproof Vest Pasrtnership '0635,801035,8015,432030,369 99277Clearwater Human Trafficking450,0000450,000211,70490 238,206 99279Police Recruitments50,000050,00032,275017,725 99281Fed Forfeitures - Treasury126,81112,518139,32920,8710 118,4585 99282COPS Technology 2005246,6610246,661122,22481,48242,955 99283Justice Assistance Grant FY05-07106,81474106,888106,88800 6 99284BeachWalk Police Aides80,000(7,662)72,33872,33800 C 7 99286COPS 2004 Technology692,6340692,634458,986232,029 1,619 99289Downtown Ambassadors3,00003,00016002,840 99290Traffic Safety Fund1,84101,8411,2770564 99299Justice Assistance Grant72,5951,70074,29522,365051,9308 99310K-9 Equipment27,7581,00028,75827,29301,4659 99316Police Volunteers101,0000101,00086,994014,006 99317Police Education Fund1,038,00612,6261,050,632935,3270115,30510 99325Citizen's Police Academy34,113034,11330,32103,792 99329Investigative Recovery Costs1,676,55691,8871,768,4431,085,80079,104603,53911 99330FL Contraband Forfeiture Fnd850,534181,4161,031,950525,7510506,19912 99331Law Enforcement Trust Fd 2,527,463(108,190)2,419,2732,138,3150280,95813 99332Officer Friendly Program149,2300149,230144,80904,421 99350Vehicle Replacement Fund95,23010,253105,48300105,48314 99353DUI Education Program3,00003,0001,42001,580 99356Safe Neighborhood Program246,64545,000291,645191,3980100,24715 99363DUI Equipment Fund19,000019,00018,8890111 99364Crime Prevention Program23,095023,09516,91206,183 99387Federal Forfeiture Sharing760,40196,271856,672384,04775472,55016 99947Safe Neighborhood TV Specialist558,64715,000573,647530,253043,39417 Sub-Total10,691,333687,98611,379,3197,806,605392,7803,181,628 COMMUNITY DEVELOPMENT 99421Housing Consulting Service115,0000115,00049,334065,666 99454Housing Rehab 2006101,3180101,318101,31800 99456Fair Housing 200614,867014,86714,86800 99457Relocation/Demolition6,00006,0006,00000 99459Public Services 2007177,4210177,421168,1589,2630 99460Public Facilities 200791,226091,22682,8268,4000 99462Housing Rehab 200765,012065,01265,01200 99464Fair Housing 200715,294015,29415,29400 99465Relocation/Demolition 200717,209017,20916,5390670 99466Infill Housing 200712,772012,77212,77200 99611Public Services 2008135,1070135,107135,10700 99612Public Facilities 2008371,9180371,918130,5066,760234,652 47 Attachment number 17 Page 1 of 3 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 Actual Expenditures BudgetRevisedProjectOpenAvailableAmend Description10/1/2006 Amendment BudgetTo DateEncumbrBalanceStatusRef 99613Economic Development28,0006,23334,23329,19405,03918 99614Housing Rehab 2008270,776(6,233)264,54392,4270172,11619 99615Program Administration 2008177,6910177,691165,674012,017 99616Fair Housing 200827,319027,31927,31900 99617Relocation/Demolition '08191,6700191,67079,1280112,542 99618Infill Housing 20081,679,27201,679,2721,190,109 0489,163 99619Public Services 2009169,7990169,79916,240153,5590 99620Piblic Facilities 2009330,6990330,6990195,550135,149 99621Economic Development 2009030,00030,0004,107025,89320 99622Housing Rehab 2009134,7570134,75726,3540108,403 99623Program Administration 2009185,958(30,000)155,95822,536 0133,42221 99624Fair Housing 200929,284029,2841,04428,2400 99625Relocation/Demolition 200940,000040,0000040,000 99626Infill Housing 200935,714035,7146,858028,856 Sub-Total4,424,08304,424,0832,458,724401,7721,563,588 SOCIAL SERVICES 99538Affordable Housing Imp Fees551,06141,351592,412132,2360460,17622 99562HUD Special Education30,000030,00026,20003,800 Sub-Total581,06141,351622,412158,4360463,976 MARINE 99704Sembler Mitigation Project611,19624,021635,217123,218 17,148494,85123 99707Beach Guard Donations68,09312,04080,13358,875021,25824 Sub-Total679,28936,061715,350182,09317,148516,109 MISCELLANEOUS PROGRAMS 99802Brownfield Revolving Loan1,200,00001,200,000215,87012,615971,515 99804City Manager's Flexibility Fund871,2380871,238629,91424,400216,924 99822JWB-Norton Teen 2001246,60237,251283,853246,461037,39225 99834Neighborhood Svces Grants175,0000175,000133,616041,384 99835JWB Programmer N. Greenwood205,36738,560243,927203,4290 40,49826 99843Mgt Training Initiatives811,547(384,664)426,884426,88400 C 27 99844United Way 6,08006,0804,19001,890 99846Economic Development - QTI72,360072,36032,804039,556 99847JWB - Wood Valley Teens136,2720136,272134,06602,206 99851Special Events FY07-082,560,568676,3423,236,9102,943,53252,442240,93628 99854Brownfield EPA Assessment400,0000400,000120,74991,600187,651 99870Drive Cam Driver15,000015,00014,900955 99871State Brownfields Redevelopment Acct156,1882,053158,241 85,654072,58729 99875Public Art Donations14,5003,00017,50013,8071,5002,19330 99876Florida Bar Student Internship2,40002,4002,2330167 99877Bldg Code Enforcement Surplus118,5190118,51900118,519 99886JWB - N. Greenwood Camp 200882,430082,43077,23705,193 99887JW - Ross Norton Camp 200833,6684,86938,53738,53700 C 31 99889Teen Club 3,2466243,8702,71201,15832 99890Cultural Art Fund13,081013,0810013,081 99898Fire Dept Honor Guard10,4523,15013,6029,66403,938 33 99899GASB 34 Implementation238,0000238,00074,3388,000155,662 99908Police - Outside Duty4,164,713243,4224,408,1354,454,2360(46,102)34 99910Library Special Account575,5609,676585,236480,2380104,99835 99925Peg Access Support799,2610799,261713,083086,178 99927Emergency Operation4,125,0987094,125,8072,804,56392,0611,229,18336 48 Attachment number 17 Page 2 of 3 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 Actual Expenditures BudgetRevisedProjectOpenAvailableAmend Description10/1/2006 Amendment BudgetTo DateEncumbrBalanceStatusRef 99928Nagano Sister City Program75,329075,32972,30503,024 99950IDB Fees 54,131054,13132,830021,301 99962Parks & Rec Gift Giving Pgm1,341,2457941,342,0391,332,97009,06937 99966 Integrated Disability Mgmt Assmnt & Impl 80,000080,00040,000040,000 99970Tree Replacement Project831,74047,648879,388595,878870282,64038 99982EMS Incentive/Recognition48,40021,30069,70040,074029,62639 99983Local Mitigation Strategy50,000050,00045,74404,256 99995Water Conservation Devices100,0000100,000100,00000 99997Main Library Field Trust115,5710115,57100115,571 99998Safety Village26,166026,16621,71604,450 Sub-Total19,759,733704,73420,464,46816,144,234283,5834,036,652 TOTAL ALL PROJECTS36,495,5491,470,13237,965,68126,824,6331,164,2649,978,480 49 Attachment number 17 Page 3 of 3 City of Clearwater SPECIAL DEVELOPMENT FUND First Quarter Amendments FY 2008/09 Increase/ (Decrease)Description Revenues Infrastructure Sales Tax Revenue(525,000) TheamendmentreflectsadecreaseinSalesTax Revenuewiththeslowingeconomy,representing approximatelya5%decreaseinanticipatedproceeds Thiscategorywillbereviewedforpossiblefurther amendment at mid year. Allocation of Undesignated Reserves3,361,327 FirstQuarteramendmentsreflecttheallocationof designatedreservestotheCapitalImprovementFund as follows: 1) $456,100 of Recreation Facility Land Fees and$260,900ofOpenSpaceImpactFeesare transferredtocapitalproject315-93601,Lake ChautauquaEquestrianandNaturePreserve,as approvedbytheCityCouncilon11/18/2008;2)$2.4 millionofPennyforPinellasfundsaretransferredto capitalproject315-93614,RoyaltyTheaterAcquisition, asapprovedbytheCityCouncilon12/4/08;3)$250,000 ofSpecialDevelopmentFundrevenueistransferredto capitalproject315-93614,RoyaltyTheaterAcquisition asapprovedon11/6/08.ThisisnetoftheCouncil changetofundthepurchaseofthetheaterusingPenny revenueson12/4/08.;4)Thereturnof$5,673.32in PennyforPinellasfundsisrecognizedfromclosed project315-93255,ParksandBeautification Maintenance Building. 2,836,327$ Net Revenue Amendments Expenditures Transfer to Capital Improvement Fund3,367,000 FirstQuarteramendmentsreflectthefollowingbudget transferstotheCapitalImprovementFund:1)$456,100 ofRecreationFacilityLandFeesand$260,900ofOpen SpaceImpactFeesaretransferredtocapitalproject 315- 93601,LakeChautauquaEquestrianandNature Preserve,asapprovedbytheCityCouncilon 11/18/2008;2)$2.4millionofPennyforPinellasfunds aretransferredtocapitalproject315-93614,Royalty TheaterAcquisition,asapprovedbytheCityCouncilon 12/4/08;3)$250,000ofSpecialDevelopmentFund revenueistransferredtocapitalproject315-93614, RoyaltyTheaterAcquisitionasapprovedon11/6/08. ThisisnetoftheCouncilchangetofundthepurchaseof the theater using Penny revenues on 12/4/08. 3,367,000$ Net Expenditure Amendments 50 Attachment number 18 Page 1 of 1 SPECIAL REVENUE FUNDS First Quarter: October 1, 2008 - December 31, 2008 Original First Quarter Budget Amended Budget 2008/09 2008/09 Amendments Revenues: Ad Valorem Taxes 2,727,1502,727,150 Infrastructure Tax 9,925,0009,400,000(525,000) Interest Earnings 600,000600,000 Open Space Fees 200,000200,000 Recreation Facility Impact Fees30,00030,000 Recreation Land Impact Fees364,500364,500 Transportation Impact 311,790311,790 Local Option Gas Tax1,537,7901,537,790 Allocation of Designated Reserves342,2103,703,5373,361,327 16,038,440 18,874,767 2,836,327 Expenditures: Transfer to Capital Improvement Fund Road Millage 2,727,1502,727,150 Infrastructure Tax 1,610,0004,010,0002,400,000 Recreation Facility Land Fees 456,100456,100 Open Space Impact Fees 260,900260,900 Transportation Impact fees290,000290,000 Local Option Gas Tax1,880,0001,880,000 Undesignated Special Development 250,000250,000 Debt Service on Penny for Pinellas Bonds6,873,0306,873,030 13,380,180 16,747,180 3,367,000 SPECIAL DEVELOPMENT FUND 51 Attachment number 19 Page 1 of 2 SPECIAL REVENUE FUNDS First Quarter: October 1, 2008 - December 31, 2008 Original First Quarter Budget Amended Budget 2008/09 2008/09 Amendments Revenues: CDBG/Home Funds 926,210926,210 Interest Earnings 280,000410,731130,731 Grant Funds 0328,463328,463 Other Governmental Revenue 011,21611,216 Police Fines and Court Proceeds0296,368296,368 Donations 032,62032,620 Sales 0315,061315,061 Rentals 0212,714212,714 Sponsorships 062,00062,000 Memberships/Registrations 01,8251,825 Contractual Services 0336,081336,081 Transfers from General Fund 0(256,946)(256,946) Sister City Program 3,0003,000 City Manager's Flexibility Fund100,000100,000 Special Events 30,00030,000 Neighborhood Grants 25,00025,000 1,364,210 2,834,342 1,470,132 Expenditures: CDBG/Home Funds 926,210926,210 Public Safety 0687,986687,986 Social Services 041,35141,351 Marine 036,06136,061 Sister City Program 3,0003,000 City Manager's Flexibility Fund100,000100,000 Neighborhood Grants 25,00025,000 Special Event Funding 30,00030,000 Other Miscellaneous Programs0704,734704,734 1,084,210 2,554,342 1,470,132 Revenues: SHIP Funds 995,680 995,680 0 Expenditures: SHIP Program 995,680995,680 995,680 995,680 0 SPECIAL PROGRAM FUND LOCAL HOUSING ASSISTANCE TRUST FUND 52 Attachment number 19 Page 2 of 2 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2008 / 09 53 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. ***** 10/01/08 Administrative Change Order #1 and Final – Clearwater Beach West Spur Connector (99-0081-EN). Change Order #1 is for closeout purposes only, increasing items due to overruns, decreasing unused items, and adding new items. American Bridge Company (62,325.82) 10/17/08 Administrative Change Order #1 and Final – North Greenwood Neighborhood Traffic Calming (02-055-EN). This change order is for closeout purposes only, increasing items due to overruns, decreasing unused items and adding new items. This change order adds a time extension of sixty (60) days to the contract. MTM Contractors, Inc. (206,291.68) 10/17/08 Administrative Change Order #2 – Beachwalk – Phases II, III & IV (03-0079- ED). This change order allows for payment to the contractor for all work associated with the Anchor Mini-Mart Parking Lot Re-grading as per Plan Sheet 1 of 1 dated August 28, 2008. This work will consist of re-grading the parking lot, removing a palm tree and removal and replacement of the curb adjacent to Coronado Drive. David Nelson Construction Company, Inc. 24,744.50 11/10/08 Administrative Change Order #1 and Final – Enterprise Road Utility Relocation Project (FDOT Project) (03-0013-UT). This change order is for a reduction of the unused 10% contingency and contract close out purposes. Castco Construction, Inc. (3,792.00) 11/17/08 Administrative Change Order #6 and Final – Cleveland Streetscape (03-0093- ED). This change order is needed to close out ODP purchases, deduct tax savings of $69,511.39, pay contractor for final quantities used in the field and to close out the project by adjusting bid items for overruns and under-runs. Gibbs & Register, Inc. (1,719,916.15) Attachment number 20 Page 1 of 2 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2008 / 09 54 11/18/08 Administrative Change Order #1 and Final – Ream Wilson Trail – Kapok Spur Connector (07-0056-PR). This change order is for closeout purposes only, reducing the lump sum bid item and contingency by the unused amount. Clark Hunt Construction, Inc. (2,846.61) 11/26/08 Administrative Change Order #1 – Alligator Lake Wetland Creation & Stormwater Treatment Project (99-0020-EN). This change order is necessary to pay the contractor for additional quantities to be used in the field and to add a time of extension of eleven (11) days to the contract. Ripa & Associates, Inc. 28,703.15 02/02/09 Administrative Change Order #2 and Final – Clearwater Community Sailing Center Expansion (07-0040-MA). This change order is a reduction to unused bid items resulting in an overall decrease to the final contract amount. R. Krueger Construction Co., Inc. (4,150.00) Attachment number 20 Page 2 of 2 Ordinance No. 8045-09 55 ORDINANCE NO. 8045-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, STORMWATER UTILITY FUND, SOLID WASTE FUND, RECYCLING FUND, GAS FUND, MARINE FUND, AIRPARK FUND, PARKING FUND, AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2009, for operating purposes, including debt service, was adopted by Ordinance No. 8005-08; and WHEREAS, at the First Quarter Review it was found that increases and decreases are necessary in the total amount of $7,188,744 for revenues and $7,283,508 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. 8005-08 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate 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 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: Attest: _______________________________ ________________________________ Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk Attachment number 21 Page 1 of 1 EXHIBIT A First Quarter Original Amended Budget Budget 2008/09 2008/09 Amendments General Fund: Property Taxes 43,461,39043,461,3900 Franchise Fees 9,819,2709,819,2700 Utility Taxes 12,030,35012,030,3500 Licenses, Permits & Fees 4,242,5004,242,5000 Sales Tax 5,800,0005,800,0000 Communications Services Tax 6,286,5006,286,5000 Intergovernmental Revenues 12,357,12012,357,1200 Charges for Current Services 4,151,4204,236,86485,444 Fines & Forfeitures 902,300902,3000 Interest Income 1,364,0001,364,0000 Miscellaneous 939,950943,8393,889 Interfund Charges / Transfers In 17,445,13017,888,364443,234 Transfer from Surplus 2,300,0002,518,546218,546 Total, General Fund 121,099,930 121,851,043 751,113 Special Revenue Funds: Special Development Fund 16,038,44018,874,7672,836,327 Special Program Fund 1,364,2102,834,3421,470,132 Local Housing Asst Trust Fund 995,680995,6800 Utility & Other Enterprise Funds: Water & Sewer Fund 60,609,86060,609,8600 Stormwater Utility Fund 13,800,46013,825,87825,418 Solid Waste Fund 18,751,25018,704,250(47,000) Gas Fund 45,228,14045,286,71058,570 Recycling Fund 3,210,9503,027,089(183,861) Marine Fund 5,351,0905,148,090(203,000) Airpark Fund 242,000239,000(3,000) Parking Fund 4,823,4705,384,590561,120 Harborview Center Fund 725,170725,1700 Internal Service Funds: Administrative Services Fund 9,714,9309,714,9300 General Services Fund 5,247,9105,247,9100 Garage Fund 13,853,58013,853,5800 Central Insurance Fund 20,069,91021,992,8351,922,925 Total, All Funds 341,126,980 348,315,724 7,188,744 2008-09 BUDGET REVENUE 56 Ordinance #8045-09 Attachment number 22 Page 1 of 2 EXHIBIT A (Continued) First Quarter Original Amended Budget Budget 2008/09 2008/09 Amendments General Fund: City Council 288,390288,166(224) City Manager's Office 1,166,2101,150,010(16,200) City Attorney's Office 1,688,7901,667,759(21,031) City Auditor's Office 175,520173,417(2,103) Development & Neighborhood Svcs 4,109,7204,091,585(18,135) Economic Development & Housing Svc 1,389,9401,382,084(7,856) Engineering 7,283,8807,258,453(25,427) Equity Services 284,010279,539(4,471) Finance 2,265,0302,242,631(22,399) Fire 21,258,43021,495,414236,984 Human Resources 1,212,1801,204,602(7,578) Library 6,065,2706,048,708(16,562) Marine & Aviation 1,248,6001,239,348(9,252) Non-Departmental 7,048,0007,846,418798,418 Office of Management & Budget 297,690294,337(3,353) Official Records & Legislative Svcs 1,180,4301,173,801(6,629) Parks & Recreation 21,123,80021,152,32228,522 Planning 1,429,2901,418,617(10,673) Police 36,949,61036,832,223(117,387) Public Communications 1,088,5801,079,313(9,267) Public Services 3,546,5603,532,296(14,264) Allocation to Reserve 000 Total, General Fund 121,099,930 121,851,043 751,113 Special Revenue Funds: Special Development Fund 13,380,18016,747,1803,367,000 Special Program Fund 1,084,2102,554,3421,470,132 Local Housing Asst Trust Fund 995,680995,6800 Utility & Other Enterprise Funds: Water & Sewer Fund 60,609,86060,609,8600 Stormwater Utility Fund 13,800,46013,825,87825,418 Solid Waste Fund 18,735,75018,688,750(47,000) Gas Fund 38,534,50038,534,5000 Recycling Fund 3,210,9403,026,940(184,000) Marine Fund 5,348,4305,052,230(296,200) Airpark Fund 206,310201,010(5,300) Parking Fund 3,963,3804,242,800279,420 Harborview Center Fund 725,170725,1700 Internal Service Funds: Administrative Services Fund 9,693,0809,693,0800 General Services Fund 5,247,9105,247,9100 Garage Fund 13,853,58013,853,5800 Central Insurance Fund 18,714,69020,637,6151,922,925 Total, All Funds 329,204,060 336,487,568 7,283,508 2008-09 BUDGET EXPENDITURES 57 Ordinance #8045-09 Attachment number 22 Page 2 of 2 Ordinance #8046-09 58 ORDINANCE NO. 8046-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009, TO REFLECT A NET INCREASE OF $2,195,309, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2009 was adopted by Ordinance No. 8006-08; 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. 8006-08 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and Estimated Budget 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 First 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 ___________________________ Frank Hibbard Mayor Approved as to form: Attest: ______________________________ ____________________________ Pamela K. Akin Cynthia E. Goudeau City Attorney City Clerk Attachment number 23 Page 1 of 1 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09 First Qtr OriginalAmended BudgetBudget 2008/092008/09Amendments Police Protection 250,000 250,000 - Fire Protection 473,000 488,407 15,407 New Street Construction 1,250,000 1,250,000 - Major Street Maintenance 4,082,150 5,526,963 1,444,813 Sidewalks and Bike Trail - (569,191) (569,191) Intersections 435,000 440,070 5,070 Parking 225,000 225,000 - Miscellaneous Engineering 115,000 115,000 - Park Development 2,110,500 3,423,437 1,312,937 Marine Facilities 405,000 175,000 (230,000) Airpark Facilities 10,000 10,000 Libraries 694,480 694,480 Garage 2,815,820 2,815,820 Maintenance of Buildings 2,593,300 2,350,800 (242,500) Miscellaneous 945,000 945,000 Stormwater Utility 3,960,000 3,991,315 31,315 Gas System 1,645,000 1,654,000 9,000 Solid Waste 510,000 510,000 Utilities Miscellaneous 26,000 26,000 Sewer System 8,326,790 8,363,267 36,477 Water System 14,720,180 15,102,161 381,981 Recycling 160,000 160,000 TOTAL 45,752,220 47,947,529 2,195,309 59 Ordinance # 8046-09 Attachment number 24 Page 1 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09 First Qtr OriginalAmended BudgetBudget 2008/092008/09Amendments GENERAL SOURCES: General Operating Revenue 4,145,500 4,363,624 218,124 General Revenue/County Co-op 694,480 694,480 Road Millage 2,727,150 2,727,150 - Penny for Pinellas 1,610,000 4,004,327 2,394,327 Transportation Impact Fee 290,000 290,000 - Local Option Gas Tax 1,880,000 1,880,000 Recreation Land Impact Fee - 456,100 456,100 Open Space Impact Fee - 260,900 260,900 Special Development Fund 30,000 280,000 250,000 Grants - Other Agencies 360,000 (2,302,621) (2,662,621) Other Contributions 12,000 12,000 SELF SUPPORTING FUNDS: Marine Revenue 280,000 50,000 (230,000) Airpark Revenue 10,000 10,000 Parking Revenue 225,000 225,000 - Harborview Revenue 100,000 100,000 Utility System: Water Revenue 75,000 75,000 Sewer Revenue 4,563,370 4,563,370 Water Impact Fees 250,000 250,000 Sewer Impact Fees 575,000 575,000 Utility R&R 2,914,590 2,914,590 Stormwater Utility Revenue 3,284,980 3,310,398 25,418 Gas Revenue 1,455,000 1,464,000 9,000 Solid Waste Revenue 350,000 350,000 - Grants - Other Agencies - 50,000 50,000 Other Governmental Revenue - 4,807 4,807 INTERNAL SERVICE FUNDS: Garage Revenue 110,920 110,920 Administrative Services Revenue 225,000 225,000 Central Insurance Revenue 1,622,925 1,622,925 60 Ordinance # 8046-09 Attachment number 24 Page 2 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09 First Qtr OriginalAmended BudgetBudget 2008/092008/09Amendments BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 778,000 578,894 (199,106) BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 69,780 53,166 (16,614) Lease Purchase - Solid Waste 160,000 160,000 Lease Purchase - Recycling 160,000 160,000 Bond Issues - Water & Sewer 14,650,230 14,650,280 50 Bond Issue - Stormwater 678,320 678,320 - BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 2,749,900 2,749,900 Lease Purchase - Administrative Services 350,000 350,000 TOTAL ALL FUNDING SOURCES:45,752,220 47,947,529 2,195,309 61 Ordinance # 8046-09 Attachment number 24 Page 3 of 3 Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Approve the underwriting team consisting of Wachovia Securities as Senior Manager, RBC Capital Markets as Co-Senior Manager, Fifth Third Securities and Bank of America/Merrill Lynch as Co-Managers to provide investment banking services to manage the negotiated sale of not to exceed $72,500,000 City of Clearwater Water and Sewer System Revenue Bonds, Series 2009A and not to exceed $50,000,000 City of Clearwater Water and Sewer System Revenue Refunding Bonds, Series 2009B. (consent) SUMMARY: In order to secure long-term financing for construction projects identified by the City’s Water and Sewer System, the City intends to proceed with a sale of approximately $72,500,000 in Water & Sewer System Revenue Bonds, Series 2009A anticipated to close in May of 2009. A portion of the proceeds will reimburse the City for funds already spent pursuant to Reimbursement Resolution 07-28 . As part of the 2009 issuance (Series 2009B), the City may choose to refund the outstanding Series 1998 bonds with current interest bonds if present value savings at the time of pricing are in excess of approximately 5%. The City issued RFP 08-09 to select a team of investment banking firms to underwrite this sale and received a total of eleven (11) responses for consideration. The firms responding were: Fifth Third Securities Bank of America/Merrill Lynch Wachovia Securities Stephens Inc. Sterne Agee Rice Financial Products Citigroup Global Markets Inc. Siebert Brandford Shank & Co., LLC Loop Capital Markets, LLC First Southwest Company RBC Capital Markets In consultation with the City's Financial Advisor, Raymond James, the selection committee has evaluated the responses and recommends the Council approve the above four firm team. The selection criteria used is as follows: 10% - Experience of the firm with relevant water and sewer financing 10% - Experience of the firm's key personnel and underwriter 30% - Marketing and distribution capabilities 25% - Ability and willingness to commit capital 15% - Proposed fees 10% - Additional relevant information Review Approval:1) Financial Services 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Approve the purchase of property and equipment breakdown insurance from April 1, 2009 through April 1, 2010, at the level of insurance recommended, at amount not to exceed $2,264,125. (consent) SUMMARY: The Risk Management Division of the Finance Department has requested Arthur J. Gallagher & Co. - (Florida) to obtain quotes for the property insurance program expiring April 1, 2009. This insurance coverage as recommended is identical to the program currently in place; however different insurers are in place at different layers. The primary layer as recommended remains the same. Risk Management reviewed several proposals with different levels of insurance. Risk also reviewed a pooled approach to coverage, with both the Florida League of Cities and with PGIT. Both declined to quote. Several other options of coverage were offered, including: A limit of $20M Named Storm + $30M AOP $1,405,520 A limit of $60M $2,228,168 A limit of $50M without AIG companies $2,357,760 A limit of $60M without AIG companies $2,460,160 Risk Management is recommending a $50M limit with Lexington, an AIG company, sharing the first $20M of coverage, at an annual premium of $2,125,770. Additionally, it is recommending that the City renew its equipment breakdown policy with Travelers at a premium of $11,244. Risk Management believes that should this coverage be placed, the City’s property risks are covered at levels and rates which, when taken together as a whole, represent a reasonable insurance program for the City. Type:Purchase Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:$2,264,165 Total Cost: For Fiscal Year: to Appropriation Code Amount Appropriation Comment 590-07000-545100-519-000 $2,264,165 Cover Memo Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Clerk Cover Memo Property Insurance Renewal 4/1/09-4/1/10 No Insurance for $518,357,057M of Values After Self-Insured Retention (TIV: $568,357,057) Endurance $15M XS $35M Premium $340,638 Arch Specialty $5M XS $30M Premium $143,364 Princeton Excess & Surplus Lines $10M XS $20M Premium $302,811 Landmark American Insurance Co/Lexington Ins. Co. $20M Primary Premium $1,338,955 $300,000 All Other Perils 5% with minimum of $500,000 Named Storm No Insurance 3/02/09 Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Award contracts (blanket purchase orders) for the purchase of Gas Material Polyethylene Pipe and Fittings in the amount of $200,000 to Consolidated Pipe and Supply; in the amount of $128,000 to M.T. Deason; in the amount of $141,000 to General Utilities Pipe; and in the amount of $87,000 to Elster Perfection for the period of April 1, 2009, to March 31, 2010, and authorize appropriate officials to execute same. (consent) SUMMARY: Consolidated Pipe & Supply was the low bidder who met the specifications of Bid 0812-002 for the lines 1-7 with an actual bid of $199,094.85. M.T. Deason Company, Incorporated was the low bidder who met the specifications on Bid 0812-002 for lines 8-10 and 130-138 with an actual bid of $127,620.00. General Utilities Pipe was the low bidder for lines 11-72, 79-83 and 101-129 and 139-148 with an actual bid of $140,776.02. Elster Perfection was the low bidder for lines 73-78 and 87-100 with an actual bid of $86,105.50. Funding is available in Pinellas New Mains and Service Lines 315-96377 (approximately $278,000) and Pasco New Mains and Service Lines (approximately $278,000) in the Clearwater Gas System budget. This material is code approved and will be utilized to install or replace Gas Mains and Service Lines on the Clearwater Gas System distribution system. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:556,000 Annual Operating Cost:556,000 Not to Exceed:556,000 Total Cost:556,000 For Fiscal Year:4/1/09 to 3/31/10 Appropriation Code Amount Appropriation Comment 315-96377 278,000 Pinellas New Mains and Service Lines 315-96378 278,000 Pasco New Mains and Service Lines Bid Required?:Yes Bid Number:0811- 002 Other Bid / Contract:Bid Exceptions:None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager ED 6) Clerk 7) City Manager 8) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Award contracts (blanket purchase orders) for Gas Material Steel Pipe and Fittings in the amount of $53,000 to Consolidated Pipe and Supply; in the amount of $72,000 to M.T. Deason; and in the amount of $171,000 to General Utilities Pipe for the period of April 1, 2009, to March 31, 2010, and authorize the appropriate officials to execute same. (consent) SUMMARY: Consolidated Pipe & Supply was the low bidder for lines 5-40, 44-81, 94-95 and 105-109 with an actual bid of $52,320.13. M.T. Deason Company, Incorporated was the low bidder who met the specifications on Bid 0812-002 for lines 96-104, 110-118 and 129-143 with an actual bid of $71,596.15. General Utilities Pipe and Supply was the low bidder for lines 1-4, 41-43, 82-93, 119-128 and 144-160 with an actual bid of $170,228.66. This steel piping will be used in the Clearwater Gas System distribution system for casings, protection of facilities, and maintenance to existing steel mains. Funding is available in Pinellas New Mains and Service Lines 315-96377 (approximately $148,000) and Pasco New Mains and Service Lines 315-96378 (approximately $148,000) in the Clearwater Gas System budget. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:296,000.00 Annual Operating Cost:296,000.00 Not to Exceed:296,000.00 Total Cost:296,000.00 For Fiscal Year:4/1/09 to 3/31/10 Appropriation Code Amount Appropriation Comment 315-96377 148,000.00 Pinellas New Mains and Service Lines 315-96378 148,000.00 Pasco New Mains and Service Lines Bid Required?:Yes Bid Number:0811-002 Other Bid / Contract:Bid Exceptions:None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager ED 6) Clerk 7) City Manager 8) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Approve increasing the not-to-exceed amount from $40,000 to $240,000, to pay Lincoln Financial for life insurance premiums for CWA Life, SAMP Life, SAMP Supplemental Life, City Basic Life, and LTD coverages for the period from October 1, 2008 to September 30, 2009. (consent) SUMMARY: The City has contracted with Lincoln Financial for all life insurance coverages currently offered and has combined all services into one purchase order. The City currently provides for the following group life insurance benefits: · CWA Life in an amount equivalent to 1 ½ times the employee’s annual base salary not to exceed $50,000 · SAMP Life in an amount equivalent to 1 times the employee’s annual base salary · Voluntary SAMP Supplemental Life in incremental amounts equivalent to an additional 1-3 times the employee’s annual base salary, the premiums for which are payroll- deducted from the employee’s salary · Basic Life insurance in the amount of $2,500 for all employees except CWA · Long Term Disability Insurance for those employees who do not participate in the City Pension Plan. The total amount of the annual expenditures now exceeds $100,000 with this single vendor. The Purchasing Manager has previously approved a purchase order in the amount of $40,000, and this request is for an additional $200,000 to cover expenses for the remainder of this year. Funds have been budgeted and are available in the City’s Central Insurance Fund. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to 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 November 28, 2008 Allen Del Prete City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 Re:Policy No. 000010067548Life Group I.D. CTYCLRWATR Dear Allen Del Prete: Enclosed you will find Amendment No. 3 to be attached to and made a part of the above referenced policy. As requested, we have amended the Monthly Life rate to $.15 per $1,000 of insurance for Class 3. This amendment was effective October 1, 2008. If you have any questions on this change, please feel free to contact your broker or your Customer Service Representative at 800-423-2765. Thank you for giving The Lincoln National Life Insurance Company an opportunity to serve you. Sincerely, The Lincoln National Life Insurance Company Enclosures cc:The Gehring Group Jeff Eilers, Miami Regional Group Office Attachment number 1 Page 1 of 24 JFF END-5860.FL The Lincoln National Life Insurance Company Service Office:8801 Indian Hills Drive Omaha, NE 68114-4066 (800) 423-2765 Merger and Name Change Endorsement This endorsement attaches to and forms a part of your Jefferson Pilot Financial Insurance Company policy, contract or certificate. Effective July 2, 2007 Jefferson Pilot Financial Insurance Company merged with The Lincoln National Life Insurance Company. As a result of the merger, The Lincoln National Life Insurance Company is responsible for all of Jefferson Pilot Financial Insurance Company's legal obligations, including your policy, contract or certificate. Therefore, all references in the policy, contract or certificate to Jefferson Pilot Financial Insurance Company (Jefferson Pilot) are hereby changed to reflect the surviving company name of The Lincoln National Life Insurance Company. The State of Domicile for The Lincoln National Life Insurance Company (the surviving company) is Indiana. As a result, any reference in the policy, contract or certificate to the State of Domicile or Home State is hereby changed to reference Indiana as the location of the State of Domicile or Home State. All references to a Home Office, address or location in the policy, contract or certificate are hereby changed to reference Fort Wayne, Indiana as the location of the Home Office. All of the other terms and benefits of your policy, contract or certificate will remain unchanged. The effective date of this endorsement is July 2, 2007. Signed for The Lincoln National Life Insurance Company. President Attachment number 1 Page 2 of 24 GL1100A AMEND. AMENDMENT NO. 3 TO BE ATTACHED TO AND MADE PART OF GROUP POLICY NO.: 000010067548 ISSUED TO: City of Clearwater The Premium Rate Schedule that follows the PREMIUMS AND PREMIUM RATES provisions is amended to read: Monthly Group Life Rate Class 3$.15 per $1,000 of insurance The effective date of this amendment is October 1, 2008; but only with respect to losses incurred on or after that date. Nothing contained in this amendment shall change any of the terms and conditions of this Policy; except as stated above. JEFFERSON PILOT FINANCIAL INSURANCE COMPANY Officer of the Company Attachment number 1 Page 3 of 24 GL1101-TITLE PAGE 95 10/01/08 Jefferson Pilot Financial Insurance Company 8801 Indian Hills Drive, Omaha NE 68114-4066 (800) 423-2765A Stock Company Group Policyholder: City of Clearwater In Consideration of the Group Policyholder's application for this Policy and payment of all premiums when due, Jefferson Pilot Financial Insurance Company agrees to make the payments provided in this Policy to the persons entitled to them. The first premium for this Policy is due on its effective date. Subsequent premiums are due on February 1, 2005, and on the same day of each month after that. Policy anniversaries will be each January 1st; unless shown otherwise on the Premium Rate Schedule inside. The provisions and conditions set forth on the following pages are a part of this Policy, as fully as if recited over the signatures below. Jefferson Pilot Financial Insurance Company has executed this Policy at its Home Office in Omaha, Nebraska. The issue date of this Policy is January 1, 2005. Chief Executive Officer Secretary GROUP INSURANCE POLICY No. 000010067548 PROVIDING LIFE INSURANCE Attachment number 1 Page 4 of 24 GL1101-1 2 10/01/08 TABLE OF CONTENTS Schedule of Insurance......................................................................................................3 Definitions........................................................................................................................4 General Provisions...........................................................................................................5 Eligibility and Effective Dates for Personal Insurance....................................................6 Individual Terminations...................................................................................................7 Premiums and Premium Rates.........................................................................................8 Grace Period.....................................................................................................................9 Policy Termination...........................................................................................................9 Beneficiary.......................................................................................................................10 Assignments.....................................................................................................................11 Facility of Payment..........................................................................................................12 Death Benefit...................................................................................................................12 Settlement Options...........................................................................................................12 Extension of Death Benefit..............................................................................................13 Accelerated Death Benefit...............................................................................................14 Conversion Privilege........................................................................................................16 Claims Procedures for Life or Accidental Death and Dismemberment Benefits............17 Prior Insurance Credit Provision......................................................................................20 Attachment number 1 Page 5 of 24 GL1101-2 3 10/01/08 SCHEDULE OF INSURANCE The amount of an Insured Person's insurance is determined from the following table. The initial amount of coverage is the amount which applies to an Insured Person's Class on the date his or her coverage takes effect. An Insured Person may become eligible for increases in the amount of insurance in accord with the table. Any such increase will take effect on the latest of: (1)the first day of the Insurance Month which coincides with or follows the date on which the Insured Person becomes eligible for the increase; provided he or she is Actively at Work on that day; (2)the day the Insured Person resumes Active Work, if not Actively at Work on the day the increase would otherwise take effect; or (3)the day any required evidence of insurability is approved by the Company. Any decrease will take effect on the day of the change; whether or not the Insured Person is Actively at Work. The amount of an Insured Person's Life Insurance shall be reduced by the amount of any Life Insurance in effect as a result of exercising the rights under the Conversion Privilege section of this Policy. CLASSIFICATION Class 1All Eligible Full-Time Employees Scheduled to Work 37.5 Hours Per Week Including SAMP Employees and excluding CWA Bargaining Unit Employees Class 2Retirees Class 3All Full-Time Employees of CWA Bargaining Unit WAITING PERIOD (For date insurance begins, refer to "Effective Date" section) (a)None for employees who were hired on or before the Policy Issue Date. (b)90 days of continuous Active Work for employees who were hired after the Policy Issue Date. Attachment number 1 Page 6 of 24 SCHEDULE OF INSURANCE (CONTINUED) GL1101-2 3-2 10/01/08 LIFE INSURANCE Amount of Personal Life Insurance Class 1 $2,500 Class 2 $1,000 Class 3One and one-half times Basic Annual Earnings, rounded to the next higher $1,000; subject to a maximum of $50,000. For Classes 1 and 3, Personal Life Insurance will terminate when the Insured Person attains age 99 or retires (unless eligible for retiree benefits), whichever occurs first. For Class 2, Personal Life Insurance will terminate when the Insured Person attains age 99. Basic Annual Earnings means the Insured Person's annual base salary or annualized hourly pay from the Group Policyholder before taxes on the Determination Date. The "Determination Date" is the last day worked just prior to the loss. It does not include commissions, bonuses, overtime pay, or any other extra compensation. It does not include income from a source other than the Group Policyholder. It will not exceed the amount shown in the Group Policyholder's financial records or the amount for which premium has been paid; whichever is less. Insured Persons are not required to make contributions for Personal Life Insurance. The following chart applies to the Extension of Death Benefit provision when benefits end upon attainment of the Social Security Normal Retirement Age: Year of Birth Normal Retirement Age 1937 and prior 65 1938 65 and 2 months 1939 65 and 4 months 1940 65 and 6 months 1941 65 and 8 months 1942 65 and 10 months 1943 - 54 66 1955 66 and 2 months 1956 66 and 4 months 1957 66 and 6 months 1958 66 and 8 months 1959 66 and 10 months 1960 and later 67 Note: Persons born on January 1 of any year should refer to the Normal Retirement Age for the previous year. If any evidence of insurability is required, it will be provided at the Person's own expense. Attachment number 1 Page 7 of 24 GL1101-3 91 (REV) 4 10/01/08 DEFINITIONS ACTIVE WORK or ACTIVELY AT WORK means an employee's full-time performance of all customary duties of his or her occupation at: (1)the GROUP POLICYHOLDER'S place of business; or (2)any other business location where the employee is required to travel. Unless disabled on the prior workday or on the day of absence, an employee will be considered Actively at Work on the following days: (1)a Saturday, Sunday or holiday which is not a scheduled workday; (2)a paid vacation day, or other scheduled or unscheduled non-workday; or (3)an excused or emergency leave of absence (except a medical leave). COMPANY means Jefferson Pilot Financial Insurance Company, a Nebraska corporation, whose Home Office address is 8801 Indian Hills Drive, Omaha, Nebraska 68114-4066. DAY OR DATE means at 12:01 A.M., Standard Time, at the GROUP POLICYHOLDER'S place of business; when used with regard to eligibility dates and effective dates. It means 12:00 midnight, Standard Time, at the same place; when used with regard to termination dates. FULL-TIME EMPLOYEE means an employee of the GROUP POLICYHOLDER: (1)whose employment with the GROUP POLICYHOLDER is the employee's principal occupation; (2)who is not a temporary or seasonal employee; and (3)who is regularly scheduled to work at such occupation at least 37.5 hours each week. GROUP POLICYHOLDER means the person, partnership, corporation, or trust as shown on the Title Page of this Policy. INSURANCE MONTH means that period of time: (1)beginning at 12:01 A.M. Standard Time, at the GROUP POLICYHOLDER'S place of business on the first day of any calendar month; and (2)ending at 12:00 midnight on the last day of the same calendar month. INSURED PERSON means a PERSON for whom the coverages provided by this Policy are in effect. PERSON means a FULL-TIME EMPLOYEE or RETIREE of the GROUP POLICYHOLDER: (1)who is a member of an employee class which is eligible for coverage under this Policy; and (2)who has completed an enrollment form. PERSONAL INSURANCE means the insurance provided by this Policy on Insured Persons. PHYSICIAN means a licensed practitioner of the healing arts other than the Insured Person or a relative of the Insured Person. POLICY means this Group Insurance Policy issued by the Company to the Group Policyholder. RETIREE means a former FULL-TIME EMPLOYEE of the GROUP POLICYHOLDER who is eligible for retirement benefits. Attachment number 1 Page 8 of 24 GL1101-4 95 5 10/01/08 GENERAL PROVISIONS ENTIRE CONTRACT. The entire contract between the parties consists of: (1)this Policy and the Group Policyholder's application (a copy is attached); and (2)the Insured Persons' enrollment cards, if any. All statements made by the Group Policyholder and by Insured Persons are representations and not warranties. No statement made by an Insured Person will be used to contest the coverage provided by this Policy; unless: (1)it is contained in a written statement signed by that Insured Person; and (2)a copy of the statement is furnished to the Insured Person or Beneficiary. Only an Officer of the Company may change this Policy or extend the time for payment of any premium. No change will be valid unless made in writing and signed by an Officer of the Company. Any change so made will be binding on all persons referred to in this Policy. INCONTESTABILITY. Except for the non-payment of premiums, the Company may not contest the validity of this Policy as to any Insured Person after it has been in force for two years during his or her lifetime. This clause will not affect the Company's right to contest claims made for disability, accidental death, or accidental dismemberment benefits. NONPARTICIPATION. This Policy will not be entitled to share in the surplus earnings of the Company. BASIS OF RESERVE. The reserve for this Policy will not be less than the reserve computed using: (1)the 1970 Intercompany Group Life Disability Valuation Table; and (2)interest at not less than three percent per annum. INFORMATION TO BE FURNISHED. The Group Policyholder may be required to furnish any information needed to administer this Policy. Clerical error by the Group Policyholder will not: (1)affect the amount of insurance which would otherwise be in effect; or (2)continue insurance which otherwise would be terminated. Once an error is discovered, an equitable adjustment in premium will be made. If a premium adjustment involves the return of unearned premium, the amount of the return will be limited to the twelve month period which precedes the date the Company receives proof such an adjustment should be made. The Company may inspect any of the Group Policyholder's records which relate to this Policy. MISSTATEMENT OF AGE. If an Insured Person's age has been misstated, premiums will be subject to an equitable adjustment. If the amount of benefit depends upon age; then the benefit will be that which would have been payable, based upon the person's correct age. CERTIFICATES. The Group Policyholder will be furnished with individual Certificates for delivery to each Insured Person. These certificates summarize the benefits provided by this Policy. If there is a conflict between the Policy and the Certificate, the Policy will control. CONFORMITY WITH STATE STATUTES. If any provision of this Policy conflicts with any applicable law, the provision will be deemed to conform to the minimum requirements of the law. WORKER'S COMPENSATION. This Policy is not to be construed to provide benefits required by Worker's Compensation laws. Attachment number 1 Page 9 of 24 GL1101-5 93 (FMLA) 6 10/01/08 ELIGIBILITY AND EFFECTIVE DATES FOR PERSONAL INSURANCE ELIGIBILITY. A Person becomes eligible for the coverage provided by this Policy on the later of: (1)the Policy's date of issue; or (2)the date the Waiting Period is completed. WAITING PERIOD. (See Schedule of Insurance). EFFECTIVE DATE. Personal Insurance becomes effective on the latest of: (1)the date the Person becomes eligible for the coverage; (2)the date the Person resumes Active Work, if not Actively at Work on the day he or she becomes eligible; (3)the date the Person makes written application for Personal Insurance; and signs: (a)a payroll deduction order, if Insured Persons pay any part of the Policy premium; or (b)an order to pay premiums from the Person's Section 125 Plan account, if Employer contributions are made through a Section 125 Plan; or (4)the date the Company approves the Person's coverage, if evidence of insurability is required. EVIDENCE OF INSURABILITY. Evidence of insurability satisfactory to the Company must be submitted when: (1)a Person makes written application for Personal Insurance more than 31 days after becoming eligible for the coverage; or (2)a Person makes written application for Personal Insurance after he or she has requested: (a)to cancel Personal Insurance; (b)to stop payroll deductions for the coverage; or (c)to stop premium payments from the Section 125 Plan account. EXCEPTIONS. If an Insured Person's coverage terminates due to an approved leave of absence or military leave, the Company will waive any Waiting Period or evidence of insurability requirement upon his or her return; provided: (1)the Person returns within six months after the leave begins; (2)the Person applies or is enrolled within 31 days after resuming Active Work; and (3)the reinstated amount of insurance does not exceed the amount which terminated. If an Insured Person's coverage terminates due to a lay-off, the Company will waive any Waiting Period or evidence of insurability requirement upon his or her return; provided: (1)the Person returns within 12 months after the date the lay-off begins; (2)the Person applies or is reenrolled within 31 days after resuming Active Work; and (3)the reinstated amount of insurance does not exceed the amount which terminated. Reinstatement will take effect on the date the Insured Person returns to Active Work. If an Insured Person's coverage terminates because his or her employment ends, the Company will waive any Waiting Period or evidence of insurability requirement upon his or her return; provided: (1)the Person is rehired within 12 months after employment terminated; (2)the Person applies or is reenrolled within 31 days after resuming Active Work; and (3)the reinstated amount of insurance does not exceed the amount which terminated. Reinstatement will take effect on the date the Insured Person returns to Active Work. Attachment number 1 Page 10 of 24 GL1101-5 93 (FMLA) 7 10/01/08 INDIVIDUAL TERMINATIONS An Insured Person's coverage will terminate on the earliest of: (1)the date this Policy terminates; (2)the last day of the Insurance Month in which the Insured Person requests termination; (3)the last day of the last Insurance Month for which premium payment is made on the Insured Person's behalf; (4)the date the Insured Person ceases to be in a class of employees which is eligible for coverage under this Policy; (5)with respect to any particular insurance benefit, the date the portion of the Policy providing that benefit terminates; (6)the date on which the Insured Person's employment with the Group Policyholder or Participating Employer terminates, unless the Insured Person is eligible for Retirement Benefits; or (7)the date the Insured Person enters the armed services of any state or country on active duty; except for duty of 30 days or less for training in the Reserves or National Guard. (If the Insured Person sends proof of military service, the Company will refund any unearned premium.) Ceasing Active Work results in termination of insurance; but coverage may be continued as follows: (1)If the Insured Person is disabled due to illness or injury, then coverage may be continued until the earliest of: (a)12 Insurance Months after the disability begins; (b)the date the Person is no longer disabled; or (c)for Life Insurance; the date the Insured Person qualifies for any Extension of Death Benefit under this Policy; provided premium payments are made on his or her behalf. (2)If the Insured Person ceases work due to a temporary lay off, an approved leave of absence, or a military leave; then coverage may be continued: (a)for three Insurance Months after the lay off or leave begins; (b)provided premium payments are made on his or her behalf. Attachment number 1 Page 11 of 24 PREMIUMS AND PREMIUM RATES GL1101-6 04 FL 8 10/01/08 PAYMENT OF PREMIUMS. No coverage provided by this Policy will be in effect until the first premium for such coverage is paid. For coverage to remain in effect, each subsequent premium must be paid on or before its due date. The Group Policyholder is responsible for paying all premiums as they become due. Premiums are payable on or before their due dates at the Company's Home Office. The premium must be paid in U.S. dollars. PREMIUM RATE CHANGE. The Company may change any premium rate on any of the following dates: (1)the date this Policy's terms are changed; (2)the date the Company's liability is changed due to a change in federal, state or local law; (3)the date the Group Policyholder (or any covered division, subsidiary or affiliated company) relocates, dissolves or merges, or is added to or removed from this Policy; (4)the date any coverage for one or more classes ceases to be provided under this Policy; (5) the date the number of Insured Persons changes by 25% or more from the enrollment on the date this Policy took effect, or the most recent Rate Guarantee Date expired, if later; or (6) on any premium due date on or after this Policy’s first anniversary, or any later rate guarantee date agreed upon by the Company. The Company will give at least 45 days’ advance written notice of any increase in premium rates. PREMIUM AMOUNT. The amount of premium due on each due date will be the sum of the products obtained by multiplying each rate shown in the Premium Rate Schedule by the amount of insurance to which the rate applies. Premium adjustments will not be pro-rated daily. Instead, premium will be adjusted as follows. (1)When an Insured Person's insurance or increase takes effect, premium will be charged from the monthly due date coinciding with or next following that change. (2)When all or part of an Insured Person's insurance terminates, the applicable premium will cease on the monthly due date coinciding with or next following that termination. (3)When premiums are paid other than monthly, increases or decreases will result in adjustment from the premium due date coinciding with or next following that change. The above manner of charging premium is for accounting purposes only. It will not extend coverage beyond a date it would have otherwise terminated. Each premium payment will include any adjustments in past premiums, which are needed due to changes that have not yet been taken into account. If a premium adjustment involves a return of unearned premium, the refund will be limited to the prior 12-month period. PREMIUM RATE SCHEDULE Monthly Group Life Rate Classes 1 and 3 $.20 per $1,000 of insurance Class 2 2.32 per $1,000 of insurance Attachment number 1 Page 12 of 24 GL1101-7 04 FL No Bene.-10 lives 9 10/01/08 GRACE PERIOD A grace period of 31 days from the due date will be allowed for the payment of each premium after the first. This Policy will remain in effect during the grace period; unless the Group Policyholder gives the Company advance written notice of termination. The Group Policyholder will remain liable for payment of a pro rata premium for the time this Policy remained in force during the grace period. POLICY TERMINATION TERMINATION BY THE COMPANY. To terminate this Policy, the Company must give the Group Policyholder at least 45 days' advance written notice of its intent to do so. The Company may terminate this Policy coverage on the due date of any premium; if: (1)the total number of Insured Persons is less than 10; (2)all of the premium is paid by the Group Policyholder and less than 100% of those eligible for coverage are insured; (3)part of the premium is paid by Insured Persons and less than 75% of those eligible for coverage are insured; (4)the Group Policyholder, without good cause, fails to: (a)promptly furnish any information the Company reasonably requires; or (b)perform its duties pertaining to this Policy in good faith; (5)the Company terminates all other policies where permitted by their terms, which provide life insurance or weekly disability income insurance in the same state in which this Policy was issued; or (6)state law otherwise requires this Policy to be terminated. TERMINATION BY GROUP POLICYHOLDER. The Group Policyholder may terminate this Policy at any time, by giving the Company advance written notice. Coverage will then terminate: (1)on the date the Company receives the notice; or (2)any later date the Group Policyholder and the Company have agreed upon. The Group Policyholder remains responsible for the payment of premiums to the date of termination. POLICY TERMINATION DUE TO NON PAYMENT OF PREMIUM. If any premium remains unpaid at the end of the Grace Period; then this Policy will terminate: (1) at midnight on the last day of the Grace Period, if the Company sends the Group Policyholder a written cancellation notice by the 45th day after the Grace Period expires; or (2) on the day the Company sends the Group Policyholder a written cancellation notice, if the notice is sent more than 45 days after the Grace Period expires. The Group Policyholder remains responsible for the payment of premiums to the date of termination. EFFECT ON INCURRED CLAIMS. Termination of this Policy will not affect benefits otherwise payable for a claim incurred while this Policy is in force. Attachment number 1 Page 13 of 24 GL1101-7.1A 96 Pref. Bene. 10 10/01/08 BENEFICIARY PAYMENTS TO BENEFICIARY. At an Insured Person's death, the amount of his or her Personal Life Insurance will be paid to the surviving Beneficiary. If the Insured Person has not named a Beneficiary, or if no named Beneficiary survives the Insured Person; then payment will be made to that Insured Person's: (1)surviving spouse; or, if none (2)surviving child or children in equal shares; or, if none (3)surviving parent or parents in equal shares; or, if none (4)surviving brothers and sisters in equal shares; or, if none (5)estate, or in accord with the Facility of Payment section of this Policy. The amount payable to anyone shown above will be reduced by any amount paid in accord with the Facility of Payment section. In determining who is to receive payment, the Company may rely upon an affidavit by a member of the class of relatives to receive payment. The Company will make payment based upon the affidavit it has; unless it receives notice of a valid claim by some other person, at its Home Office, before paying the proceeds. Such payment will release the Company from any further obligation for the Insured Person's life insurance benefit. If an Insured Person's named Beneficiary dies: (1)within 15 days of the Insured Person's death; and (2)before the Company receives satisfactory proof of the Insured Person's death; then payment will be made as if the Insured Person had survived that Beneficiary; unless other provisions have been made. NAMING THE BENEFICIARY. An Insured Person's Beneficiary will be as shown on his or her enrollment card, unless changed. This Policy may replace a group policy providing similar coverages. In that event, the Beneficiary which the Insured Person named under the prior policy will be the Beneficiary under this Policy, until changed. CHANGING THE BENEFICIARY. Only the Insured Person, or his or her assignee, may change the Beneficiary. A new Beneficiary may be named by filing a written notice of the change with the Company at its Home Office. The change will be effective as of the date it was signed; subject to any action the Company takes before receiving notice of the change. When applying for a conversion policy under the Conversion Privilege Section, an Insured Person must name a Beneficiary. The Beneficiary named for the conversion policy may be someone other than the person named under this Policy. In that event, the application for the conversion policy will be treated as a written notice of change of Beneficiary. Attachment number 1 Page 14 of 24 GL1101-7.1C 01 11 10/01/08 ASSIGNMENTS Personal Life Insurance may be assigned. The assignments allowed under this Policy are absolute assignments and funeral assignments as described below. No assignment will be binding on the Company unless and until: (1)it is made on a form furnished by the Company; (2)the original is completed and filed with the Company at its Home Office; and (3)it is approved by the Company. The Company and the Group Policyholder do not assume responsibility for the validity or effect of an assignment. ABSOLUTE ASSIGNMENTS. An Insured Person may make an irrevocable assignment of his or her Personal Life Insurance as a gift (with no consideration), providing he or she has the legal capacity and the mental capacity to do so. It may be made to a trust or to one or more of the Insured Person's relatives, their estates, or to a trustee of a trust under which one of the relatives is a beneficiary. The term "relatives" includes, but is not limited to, an Insured Person's spouse, parents, grandparents, aunts, uncles, siblings, children, adopted children, stepchildren, and grandchildren. In some states, community property is an established form of ownership that must be considered in making an assignment. If an Insured Person makes an absolute assignment to two or more assignees, such assignees will be joint owners with the right of survivorship between them. An Insured Person should consult with his or her own legal advisor before making an assignment. Once the assignment has been recorded by the Company, the Insured Person can no longer change the beneficiary and cannot apply for conversion. Only the assignee can change the beneficiary designation if the previous designation is revocable. An assignment will have no effect on a prior irrevocable beneficiary designation. Only the assignee can apply for conversion but only when the Conversion Privilege provision would have been available to the Insured Person in the absence of the assignment under this Policy. An absolute assignment cannot be used as a collateral assignment. FUNERAL ASSIGNMENTS. Upon an Insured Person's death, the beneficiary may assign the Personal Life Insurance benefit to a funeral home for payment of burial expenses. After payment has been made for the burial expenses to the assigned funeral home, the remaining death benefit is then paid in accord with the Beneficiary and Settlement Options sections of this Policy. Attachment number 1 Page 15 of 24 GL1101-8 96 12 10/01/08 FACILITY OF PAYMENT Policy benefits may become payable to an Insured Person's estate, to a minor, or to a person who the Company does not consider competent to give a valid release. In that event, the Company has the option to pay one or more of the following: (1)a person who has assumed the care and support of the Insured Person or Beneficiary; (2)a person who has incurred expense as a result of the Insured Person's last illness or death; (3)the personal representative of the Insured Person's estate; or (4)any person related by blood or marriage to the Insured Person. No payment made under this section may exceed $2,000. Any payment made in good faith under this section will fully discharge the Company to the extent of the payment. Any remaining amount of benefit will be paid as shown in the Beneficiary section. DEATH BENEFIT AMOUNT PAYABLE ON DEATH. Upon receipt of satisfactory proof of an Insured Person's death, the Company will pay a death benefit equal to the amount of Personal Life Insurance in effect on the date of death. This amount is shown in the Schedule of Insurance. The benefit will be paid as shown in the Beneficiary, Facility of Payment, and Settlement Options sections. SETTLEMENT OPTIONS INSTALLMENTS. All or part of the death benefit may be received in installments, by making written election to the Company. ELECTION. While living, an Insured Person may direct the Company to pay the death benefit in installments. If no such direction is in effect at the time of the Insured Person's death, the Beneficiary may make such an election. CONDITIONS. Any election, whether by an Insured Person or a Beneficiary, must comply with the Company's practices at the time it is made. The amount applied under a settlement option must be at least $2,000. It must be sufficient to provide a payment of at least $20 per month. Attachment number 1 Page 16 of 24 GL1101-9 96 FL Stand. Ext. - SSNRA 13 10/01/08 EXTENSION OF DEATH BENEFIT BENEFIT. Life insurance will be continued, without payment of premiums, for an Insured Person who: (1)becomes Totally Disabled while insured under this policy and before reaching age 70; (2)remains Totally Disabled for at least 6 months in a row; and (3)submits satisfactory proof within the 7th through the 12th months of disability; or: (a)as soon as reasonably possible after that; but (b)not later than the 24th month of disability, unless he or she was legally incapacitated. PREMIUM PAYMENT. Premium payments must continue until: (1)the day the Insured Person is approved for this Extension of Death Benefit; or (2)the day this Policy terminates (whichever occurs first). Upon receipt of satisfactory proof, the Company will refund up to 12 months' premium paid for the Insured Person's life insurance, from the 1st day of Total Disability. DEFINITION. For this benefit, Total Disability or Totally Disabled means an Insured Person: (1)is unable, due to sickness or injury, to engage in any employment or occupation for which such Insured Person is or becomes qualified by reason of education, training, or experience; and (2)is not engaging in any gainful employment or occupation. AMOUNT CONTINUED. The life insurance continued by this section: (1)will be the amount of Personal Life Insurance and any Dependent Life Insurance in effect on the day the Insured Person's Total Disability begins; and (2)will be subject to the reductions and terminations in effect under this Policy on that day. If the Insured Person receives an Accelerated Death Benefit, the amount will be reduced in accord with that provision. Any Accidental Death and Dismemberment Benefit will not be continued. ADDITIONAL PROOF. At any time during this continuation, the Company may require the Insured Person: (1)to submit further proof of his or her continued Total Disability; and (2)to be examined by a Physician of the Company's choice, as often as reasonably necessary. After the first two years of Total Disability, the Company will not request proof or an exam more than once a year. Proof will be at the Insured Person's expense; unless the Company requests an exam by a Physician of its choice. When an Insured Person dies after submitting proof, further proof must be submitted to the Company showing that he or she remained continuously and Totally Disabled until death. When an Insured Person dies within 12 months after Total Disability begins, but before submitting proof; then his or her death benefit will still be paid under the terms of this Policy. But the Company must first receive satisfactory proof of his or her continuous Total Disability, from the last day of Active Work until the date of death. TERMINATION. Any life insurance extended under this section will terminate automatically on: (1)the day the Insured Person ceases to be Totally Disabled; (2)the day the Insured Person fails to take a required medical examination; (3)the 60th day after the Company mails a request for additional proof, if it is not given; (4)the effective date of the Insured Person's individual conversion policy, with respect to any amount of life insurance converted in accord with the Conversion Privilege section; or (5)the day the Insured Person reaches age 0 (whichever occurs first). (5)the day the Insured Person reaches Social Security Normal Retirement Age (SSNRA), as shown in the Schedule of Insurance (whichever occurs first). RIGHTS AFTER TERMINATION. If Total Disability ends, and the Insured Person does not return to a class eligible for Policy coverage; then he or she may exercise the Conversion Privilege. If Total Disability ends, and the Insured Person does return to an eligible class; then his or her Policy coverage will resume when premium payments are resumed, and any conversion policy is surrendered as provided below. CONVERSION POLICIES. If the Insured Person has exercised the Conversion Privilege, and the benefits payable under this Policy and the conversion policy combined would exceed: (1)the Insured Person's original amount of Policy coverage prior to the conversion; or (2)any greater amount for which he or she later becomes insured under this Policy; then benefits will be payable under the terms of this Policy. But the conversion policy must first be surrendered to the Company; and no claim may be made under the conversion policy, except for refund of premium less any dividends and policy loans. Attachment number 1 Page 17 of 24 GL1101-9.8 01 FL ADB-DEP. 14 10/01/08 ACCELERATED DEATH BENEFIT BENEFIT. The Accelerated Death Benefit is an advance payment of part of the Insured Person's Personal Life Insurance. It may be paid to the Insured Person, in a lump sum, once during the Insured Person's lifetime. To qualify, a Terminal Insured Person must: (1)have satisfied the Active Work requirement under this Policy; (2)have been insured under this Policy for at least 12 months; and (3)have at least $2,000 of Personal Life Insurance under this Policy on the day before the Accelerated Death Benefit is paid. Receiving the Accelerated Death Benefit will reduce the Remaining Life Insurance and the Death Benefit payable at death, as shown on the next page. "Claimant," as used in this section, means the Terminal Insured Person for whom the Accelerated Death Benefit is requested. "Terminal" means the Insured Person has a medical condition which is expected to result in death in 12 months or less, despite appropriate medical treatment. APPLYING FOR THE BENEFIT. To withdraw the Accelerated Death Benefit, the Insured Person (or his or her legal representative) must send the Company: (1)written election of the Accelerated Death Benefit, on forms supplied by the Company; and (2)satisfactory proof that the Claimant is Terminal, including a Physician's written statement. The Company reserves the right to decide whether such proof is satisfactory. Before paying an Accelerated Death Benefit, the Company must also receive the written consent of any irrevocable beneficiary, assignee or bankruptcy court with an interest in the benefit. (See Limitations 3, 4, and 5.) NOTE: THIS IS NOT A LONG-TERM CARE POLICY. RECEIVING THIS ACCELERATED DEATH BENEFIT WILL REDUCE THE BENEFIT PAYABLE AT DEATH. ANY AMOUNT WITHDRAWN MAY BE TAXABLE INCOME, SO THE INSURED PERSON SHOULD CONSULT A TAX ADVISOR BEFORE APPLYING FOR THIS BENEFIT. AMOUNT OF THE BENEFIT. The Insured Person may elect to withdraw an Accelerated Death Benefit in any $1,000 increment; subject to: (1)a minimum of $1,000 or 10% of the Claimant's amount of Life Insurance (whichever is greater); and (2)a maximum of $250,000 or 75% of the Claimant's amount of Life Insurance (whichever is less). To determine the Accelerated Death Benefit, the Company will use the lesser of A or B below: A.the Claimant's amount of Life Insurance which is in force on the day before the Accelerated Death Benefit is paid; or B.the Claimant's amount of Life Insurance which would be in force 12 months after that date; if the coverage is scheduled to reduce, due to age, within 12 months after the Accelerated Death Benefit is paid. Attachment number 1 Page 18 of 24 GL1101-9.8 01 FL ADB-DEP. 15 10/01/08 ADMINISTRATIVE CHARGE: NONE WITHDRAWAL FEE: NONE EFFECT ON AMOUNT OF LIFE INSURANCE. "Remaining Life Insurance" means the amount of Life Insurance which remains in force on the Claimant's life after an Accelerated Death Benefit is paid. The Remaining Life Insurance will equal: (1)the Claimant's amount of Life Insurance which was used to determine the Accelerated Death Benefit (A or B above); minus (2)any percentage by which the Claimant's coverage is scheduled to reduce, due to age; if the reduction occurs more than 12 months after the Accelerated Death Benefit is paid, and while he or she is still living; minus (3)the amount of the Accelerated Death Benefit withdrawn. PREMIUM: There is no additional charge for this benefit. Continuation of the Remaining Life Insurance will be subject to timely payment of the premium for the reduced amount; unless the Insured Person qualifies for waiver of premium under this Policy's Extension of Death Benefit provision, if included. CONDITIONS. If the Claimant exercises the Conversion Privilege after an Accelerated Death Benefit is paid, the amount of the conversion policy will not exceed the amount of his or her Remaining Life Insurance. If the Claimant has Accidental Death and Dismemberment benefits under this Policy, the Principal Sum will not be affected by the payment of an Accelerated Death Benefit. EFFECT ON DEATH BENEFIT. When the Claimant dies after an Accelerated Death Benefit is paid, the amount of Remaining Life Insurance in force on the date of death will be paid as a Death Benefit. The Insured Person's Death Benefit will be paid in accord with the Beneficiary section of this Policy. If the Claimant dies after application for an Accelerated Death Benefit has been made, but before the Company has made payment; then the request will be void and no Accelerated Death Benefit will be paid. The amount of Life Insurance in force on the date of death will be paid in accord with Policy provisions. EFFECT ON TAXES AND GOVERNMENT BENEFITS. Any Accelerated Death Benefit amount withdrawn may be taxable income to the Insured Person. Receipt of the Accelerated Death Benefit may also affect the Claimant's eligibility for Medicaid, Supplemental Security Income and other government benefits. The Claimant should consult his or her own tax and legal advisor before applying for an Accelerated Death Benefit. The Company is not responsible for any tax owed or government benefit denied, as a result of the Accelerated Death Benefit payment. LIMITATIONS. No Accelerated Death Benefit will be paid: (1)if any required premium is due and unpaid; (2)on any conversion policy purchased in accord with the Conversion Privilege; (3)without the written approval of the bankruptcy court, if the Insured Person has filed for bankruptcy; (4)without the written consent of the beneficiary, if the Insured Person has named an irrevocable beneficiary; (5)without the written consent of the assignee, if the Insured Person has assigned his or her rights under this Policy; (6)if any part of the Life Insurance must be paid to the Insured Person's child, spouse or former spouse; pursuant to a legal separation agreement, divorce decree, child support order or other court order; (7)if the Claimant is Terminal due to a suicide attempt, while sane or insane; or due to an intentionally self-inflicted injury; (8)if a government agency requires the Insured Person or the Claimant to use the Accelerated Death Benefit to apply for, receive or continue a government benefit or entitlement; or (9)if an Accelerated Death Benefit has been previously paid for the Claimant under this Policy. Attachment number 1 Page 19 of 24 GL1101-10 DEP. 16 10/01/08 CONVERSION PRIVILEGE - CONVERSION BENEFITS GENERAL BENEFIT. An individual life policy, known as a conversion policy, may be purchased from the Company without evidence of insurability, if all or part of anyone's life insurance, provided by this Policy, terminates for any reason except: (1)termination or amendment of the Policy; or (2)the Insured Person's request for: (a)termination of insurance; or (b)cancellation of payroll deduction. To purchase a conversion policy, application and payment of the first premium must be made within 31 days after the life insurance is terminated. Any policy issued under the General Conversion Benefit will: (1)be for an amount not to exceed the amount of the life insurance which was terminated; (2)be on any form (except term) then issued by the Company at the age and amount for which application is made; (3)be issued at the Insured Person's age at nearest birthday; (4)be issued without disability or other supplemental benefits; and (5)require premiums based on the class of risk to which the person then belongs. CONVERSION BENEFIT-POLICY TERMINATION OR AMENDMENT. A conversion policy also may be purchased from the Company if: (1)all or a part of anyone's insurance terminates due to amendment or termination of this Policy; and (2)that person has been covered continuously under this Policy for at least five years. Any conversion policy issued due to Policy termination or amendment will be subject to the same conditions as a policy issued under the General Conversion Benefit except its amount may not exceed the lesser of: (1)$10,000; or (2)the Amount of Life Insurance which terminates less the amount of any group life insurance for which the Insured Person becomes eligible within 31 days after the termination. PROVISIONS APPLICABLE TO ALL CONVERSION POLICIES EFFECTIVE DATES. The coverage provided by a conversion policy issued under this Section will be effective on the later of: (1)its date of issue; or (2)31 days after the date on which the person's life insurance terminated. DEATH DURING CONVERSION PERIOD. The Company will pay a death benefit under this Policy equal to the amount of the life insurance which could have been converted, if the person: (1)was entitled to purchase a conversion policy; and (2)dies within the 31 day conversion period. This death benefit will be paid even if no one applied for the conversion policy. If the first premium was paid for the conversion policy, the amount of the premium will be refunded and the conversion policy will be void. NOTICE OF CONVERSION PRIVILEGES-INSURED PERSONS. When an Insured Person's Personal Insurance terminates, written notice of the right to convert will be: (1)given personally to the Insured Person; (2)mailed by the Group Policyholder to the Insured Person at his last known address; or (3)mailed by the Company to the Insured Person at his last known address as furnished by the Group Policyholder. An additional period in which to convert will be granted if this written notice is not given to the Insured Person at least 15 days before the end of the 31 day conversion period. Any such extension of the conversion period will expire on the earliest of: (1)15 days after the Insured Person is given the written notice; or (2)60 days after the end of the 31 day conversion period even if the Insured Person is never given such notice. No death benefit will be payable under this Policy after the 31 day conversion period has expired even though the right to convert may be extended. Attachment number 1 Page 20 of 24 GL1101-13A 02 FL L/ADD 17 10/01/08 CLAIMS PROCEDURES FOR LIFE OR ACCIDENTAL DEATH AND DISMEMBERMENT BENEFITS NOTE: This Policy may include an Extension of Death Benefit, an Accelerated Death Benefit or a Living Benefit. If so, please refer to that section for special claim procedures. NOTICE AND PROOF OF CLAIM Notice of Claim. Written notice of an accidental death or dismemberment claim must be given within 20 days after the loss occurs; or as soon as reasonably possible after that.* The notice must be sent to the Company's Home Office. It should include: (1)the Insured Person's name and address; and (2)the number of this Policy. Claim Forms. When notice of claim is received, the Company will send claim forms for filing the required proof. If the Company does not send the forms within 15 days; then the Insured Person or Beneficiary (the claimant) may send the Company written proof of claim in a letter. It should state the nature, date and cause of the loss. Proof of Claim. The Company must be given written proof of claim within 90 days after the date of the loss; or as soon as reasonably possible after that.* Proof of claim must be provided at the claimant's own expense. It must show the nature, date and cause of the loss. In addition to the information requested on the claim form, documentation must include: (1)A certified copy of the death certificate, for proof of death. (2)A copy of any police report, for proof of accidental death or dismemberment. (3)A signed authorization for the Company to obtain more information. (4)Any other items the Company may reasonably require in support of the claim. * Exception: Failure to give notice or furnish proof of claim within the required time period will not invalidate or reduce the claim; if it is shown that it was done: (1)as soon as reasonably possible; and (2)in no event more than one year after it was required. These time limits will not apply while the claimant lacks legal capacity. EXAM OR AUTOPSY. At anytime while a claim is pending, the Company may have the Insured Person examined: (1)by a Physician of the Company's choice; (2)as often as reasonably required. If the Insured Person fails to cooperate with an examiner or fails to take an exam, without good cause; then the Company may deny benefits, until the exam is completed. In case of death, the Company may also have an autopsy done, where it is not forbidden by law. Any such exam or autopsy will be at the Company's expense. TIME OF PAYMENT OF CLAIMS. Any benefits payable under this Policy will be paid immediately after the Company receives complete proof of claim and confirms liability. Interest on Late Claims. If an accidental death or dismemberment benefit payment is not sent by the 120th day after the Company receives the first proof of claim; then that overdue payment will accrue simple interest at the rate of 10% per year. TO WHOM PAYABLE Death. Any benefits payable for the Insured Person's death will be paid in accord with the Beneficiary, Facility of Payment, and Settlement Options sections of this Policy. If this Policy includes Dependent Life Insurance; then any benefits payable for an insured Dependent's death will be paid to: (1)the Insured Person, if he or she survives that Dependent; or (2)the Insured Person's Beneficiary, or in accord with the Facility of Payment section; if the Insured Person does not survive that Dependent. Attachment number 1 Page 21 of 24 GL1101-13A 02 FL L/ADD 18 10/01/08 CLAIMS PROCEDURES (Continued) Dismemberment. If this Policy includes Accidental Death and Dismemberment Benefits; then any benefit, other than the Insured Person's death benefit, will be paid to the Insured Person. NOTICE OF CLAIM DECISION. The Company will send the claimant a written notice of its claim decision. If the Company denies any part of the claim; then the written notice will explain: (1)the reason for the denial, under the terms of this Policy and any internal guidelines; (2)how the claimant may request a review of the Company's decision; and (3)whether more information is needed to support the claim. The Company will send this notice within 15 days after resolving the claim. If reasonably possible, the Company will send it within: (1)90 days after receiving the first proof of a death or dismemberment claim; or (2)45 days after receiving the first proof of a claim for any Extension of Death Benefit, Living Benefit or Accelerated Death Benefit available under this Policy. Delay Notice. If the Company needs more than 15 days to process a claim, in a special case; then an extension will be permitted. If needed, the Company will send the claimant a written delay notice: (1)by the 15th day after receiving the first proof of claim; and (2)every 30 days after that, until the claim is resolved. The notice will explain the special circumstances which require the delay, and when a decision can be expected. In any event, the Company must send written notice of its decision within: (1)180 days after receiving the first proof of a death or dismemberment claim; or (2)105 days after receiving the first proof of a claim for any Extension of Death Benefit, Living Benefit or Accelerated Death Benefit available under this Policy. If the Company fails to do so; then there is a right to an immediate review, as if the claim was denied. Exception: If the Company needs more information from the claimant to process a claim; then it must be supplied within 45 days after the Company requests it. The resulting delay will not count towards the above time limits for claim processing. REVIEW PROCEDURE. The claimant may request a claim review, within: (1)60 days after receiving a denial notice of a death or dismemberment claim; or (2)180 days after receiving a denial notice of a claim for any Extension of Death Benefit, Living Benefit or Accelerated Death Benefit available under this Policy. To request a review, the claimant must send the Company a written request, and any written comments or other items to support the claim. The claimant may review certain non-privileged information relating to the request for review. Notice of Decision. The Company will review the claim and send the claimant a written notice of its decision. The notice will explain the reasons for the Company's decision, under the terms of this Policy and any internal guidelines. If the Company upholds the denial of all or part of the claim; then the notice will also describe: (1)any further appeal procedures available under this Policy; (2)the right to access relevant claim information; and (3)the right to request a state insurance department review, or to bring legal action. For a death or dismemberment claim, the notice will be sent within 60 days after the Company receives the request for review; or within 120 days, if a special case requires more time. For a claim for any Extension of Death Benefit, Living Benefit or Accelerated Death Benefit available under this Policy, the notice will be sent within 45 days after the Company receives the request for review; or within 90 days, if a special case requires more time. Attachment number 1 Page 22 of 24 GL1101-13A 02 FL L/ADD 19 10/01/08 CLAIMS PROCEDURES (Continued) Delay Notice. If the Company needs more time to process an appeal, in a special case; then it will send the Insured Person a written delay notice, by the 30th day after receiving the request for review. The notice will explain: (1)the special circumstances which require the delay; (2)whether more information is needed to review the claim; and (3)when a decision can be expected. Exception: If the Company needs more information from the claimant to process an appeal; then it must be supplied within 45 days after the Company requests it. The resulting delay will not count towards the above time limits for appeal processing. Claims Subject to ERISA (Employee Retirement Income Security Act of 1974). Before bringing a civil legal action under the federal labor law known as ERISA, an employee benefit plan participant or beneficiary must exhaust available administrative remedies. Under this Policy, the claimant must first seek two administrative reviews of the adverse claim decision, in accord with this section. If an ERISA claimant brings legal action under Section 502(a) of ERISA after the required reviews; then the Company will waive any right to assert that he or she failed to exhaust administrative remedies. RIGHT OF RECOVERY. If benefits have been overpaid on any claim; then full reimbursement to the Company is required within 60 days. If reimbursement is not made; then the Company has the right to: (1)reduce future benefits until full reimbursement is made; and (2)recover such overpayments from the Insured Person, or from his or her Beneficiary or estate. Such reimbursement is required whether the overpayment is due to fraud, the Company's error in processing a claim, or any other reason. LEGAL ACTIONS. No legal action to recover any benefits may be brought until 60 days after the required written proof of claim has been given. No such legal action may be brought after the applicable statute of limitations expires. The statute runs from the date by which written proof of claim must be given. COMPANY'S DISCRETIONARY AUTHORITY. Except for the functions that this Policy clearly reserves to the Group Policyholder or Employer, the Company has the authority to: (1)manage this Policy and administer claims under it; and (2)interpret the provisions and resolve questions arising under this Policy. The Company's authority includes (but is not limited to) the right to: (1)establish and enforce procedures for administering this Policy and claims under it; (2)determine Employees' eligibility for insurance and entitlement to benefits; (3)determine what information the Company reasonably requires to make such decisions; and (4)resolve all matters when a claim review is requested. Any decision the Company makes, in the exercise of its authority, shall be conclusive and binding; subject to the Insured Person's or Beneficiary's rights to: (1)request a state insurance department review; or (2)bring legal action. Attachment number 1 Page 23 of 24 GL1101-AMEND. PC1 Prior Ins. Cred. - Life 20 10/01/08 AMENDMENT TO BE ATTACHED TO AND MADE PART OF GROUP POLICY NO.: 000010067548 ISSUED TO: City of Clearwater The Policy is amended by the addition of the following provisions. PRIOR INSURANCE CREDIT UPON TRANSFER OF LIFE INSURANCE CARRIERS This provision prevents loss of life insurance coverage for an Insured Person, which could otherwise occur solely because of a transfer of insurance carriers. This Policy will provide the following Prior Insurance Credit, when it replaces a prior plan. "Prior Plan" means a prior carrier's group life insurance policy, which this Policy replaced within 1 day of the prior plan's termination date. FAILURE TO SATISFY ACTIVE WORK RULE. Subject to payment of premiums, this Policy will provide life coverage for a Person who: (1)was insured under the prior plan on its termination date; (2)was otherwise eligible under this Policy; but was not Actively-At-Work due to Injury or Sickness on its Effective Date; (3)is not entitled to any extension of life insurance under the prior plan; and (4)is not Totally Disabled (as defined in the Extension of Death Benefit section of this Policy) on the date this Policy takes effect. AMOUNT OF LIFE INSURANCE. Until the Person satisfies this Policy's Active Work rule, the amount of his or her group life insurance under this Policy will not exceed the amount for which the Person was insured under the prior plan on its termination date. This Amendment takes effect on the effective date of coverage under this Policy. In all other respects, this Policy remains the same. JEFFERSON PILOT FINANCIAL INSURANCE COMPANY Officer of the Company Attachment number 1 Page 24 of 24 Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Approve staff recommendations to offer retirement incentives to eligible employees. (consent) SUMMARY: Creating an incentive for retirement eligible employees to retire during the current FY will benefit the City’s current budget reduction initiatives in several ways. They are: 1. It will create vacant FTE’s that may be considered for elimination. 2. It will afford the City additional options to accommodate employees that are displaced from other positions being eliminated. 3. If it is necessary to backfill the positions, the new employees will be hired in at a significantly lower salary. The following incentives are proposed to be offered to eligible retirees who leave employment with the City under the established terms: 1. Retiree may receive $5,000 per year for two (2) years to be paid toward the City-provided medical insurance premiums at the applicable retiree rate. The retiree is required to elect the City's medical insurance coverage at the time of retirement in order to be eligible for this incentive. OR 2. Retiree may receive a one-time lump sum of $10,000 cash, minus applicable withholding, in lieu of the payment for medical insurance premiums or a combination of cash and payment of medical insurance premiums ($10,000 cash and no payment for premiums; $5,000 cash and $5,000 to be applied to medical insurance premiums). AND 3. In addition to either of the above, retiree who is eligible and leaves employment with the City voluntarily prior to May 23, 2009, may receive an additional one-time cash lump sum of $5,000, minus applicable withholding. Eligible employees would be required to apply during a limited application window (March 23 to April 17) and would be required to retire by September 25, 2009 (last pay period of the FY). There are currently 170 employees across all departments/all funds that are eligible to apply. This figure does not include unclassified employees who participate in the 401A Plan. Should all eligible employees afford themselves of this opportunity, the City would incur a one-time cost of approximately $550,000 for general fund employees and $580,000 for enterprise fund employees for the incentives alone. Public safety employees would account for approximately $360,000 of these costs. If all 170 eligible employees retired and every position was back-filled at the entry rate of pay, the salary savings for the remainder of FY 2009 and all of FY 2010 would amount to $3.1 million. In addition to the costs for the incentives, the City would also incur costs of approximately $3.7 million for general employees and $1.6 million for public safety employees for sick and vacation leave payouts. These additional costs represent a current funded liability that would exist regardless of whether or not the incentives are offered. The City estimates that no more than 50 of the eligible employees will choose to afford themselves of this opportunity so the cost, as well as the savings, would be considerably less. The following chart shows these costs based on all 170 eligible employees retiring. Cover Memo Estimated Costs/Savings * existing retirement costs SAMP/CWA – Enterprise SAMP/CWA – General Sworn – Police/Fire Totals # Eligible 55 58 57 170 Option 1 incentive 550,000 580,000 570,000 1,700,000 Vac/Sick Payout* 1,400,000 1,200,000 1,700,000 4,300,000 Total Costs 1,950,000 1,780,000 2,270,000 5,900,000 SAMP/CWA – Enterprise SAMP/CWA – General Sworn – Police/Fire Totals Savings if not filled w/in last quarter FY 08-09 710,000 710,000 1,000,000 2,420,000 Savings if not filled for FY 09- 10 2,800,000 2,800,000 4,000,000 9,600,000 Savings if all positions filled at a reduced salary 1,800,000 1,700,000 1,000,000 4,500,000 Type:Operating Expenditure Current Year Budget?:No Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Approve amendment to Chapter 33, Section 33.028 of the Code of Ordinances authorizing the City Manager to adjust vessel slip rent increases or decreases up to ten percent annually and pass Ordinance 8039-09 on first reading. SUMMARY: At the February 19, 2009 council meeting, Council Members authorized decreasing the slip rent rates in the five-year Beach Marina Business Plan due to economic conditions. The rates were based on surveys of rates charged by other municipal and local area marinas. Council approved the decreases as proposed, but agreed to look at the rates again if needed. We wish to modify the existing ordinance that permits the City Manager to authorize slip rate increases up to 10%, to include decreases up to 10% as well. Review Approval:1) Legal 2) Clerk 3) Assistant City Manager ED 4) Clerk 5) City Manager 6) Clerk Cover Memo Ordinance No. 8039-09 ORDINANCE NO. 8039-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 33, SECTION 33.028, CODE OF ORDINANCES, TO ALLOW THE CITY MANAGER TO ADJUST VESSEL SLIP RENT INCREASES OR DECREASES UP TO TEN PERCENT ANNUALLY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 33.028 is amended to read: Sec. 33.028. Rental charges. The city manager shall establish charges for the use of boat slips and docking spaces, which charges shall be uniform as to type of space or services to be furnished, shall be established in writing, shall be posted at the marina building on Clearwater Beach, and shall be effective 72 hours after written notice of a change thereof has been so posted. The city manager is authorized to approve adjust vessel slip rent increases or decreases up to ten percent annually, based on surveys of rates charged by other municipal and local area marinas. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Camilo A. Soto Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Approve the Second Amendment to Baseball Training Facility Lease Agreement and the Second Amendment to Sports Facility Use Agreement between the City of Clearwater and the Phillies, authorize the appropriate officials to execute same and approve a mid-year budget amendment transferring $200,000 from unappropriated retained earnings. (consent) SUMMARY: The four field Carpenter Complex was originally developed in partnership with the Philadelphia Phillies over 40 years ago to be the main spring training facility for the Phillies. Their spring games were played at Jack Russell Stadium but the majority of the team work was done at Carpenter. In the early 1990’s the City made some much needed renovations to the clubhouse in order to accommodate the needs of the Phillies. At the June 19, 2008 City Council meeting, City Council approved a term sheet and established a CIP totaling $3,000,000 plus interest to renovate and expand the existing City building at the Carpenter Complex. Funding in the amount of $3 million is available for this contract in the capital project 315-93606, Carpenter Complex Clubhouse Renovations as authorized in June 2008. An additional amount of $100,000 is required under the contract for interest earned as described in Section 2c of the term sheet. In addition, $100,000 is requested to cover the costs of schematic and preliminary design costs that have been charged to the Parks and Recreation operating budget, and were not addressed in the original term sheet. These costs have since been moved to the project in order to capture all capital costs related to the project. A mid-year budget amendment will transfer $200,000 of unappropriated retained earnings to the project to cover these costs. Major elements of this project will be to enlarge the coaches locker room, restrooms, meeting rooms; provide larger and enhanced kitchen and feeding facilities, new office areas, storage facilities, a second floor totaling 5,650 sf in size to house additional offices, conference room, restroom and observation areas. As part of this project, the Phillies will assume the year round clay ballfield maintenance and custodial maintenance of the facility as well as be responsible for traffic and public safety during spring training beginning in FY 2010. Total annual savings to the general fund budget will be $219,330 for the remainder of the lease period with the Phillies, which is 15 years. The project construction commences May 2009 to be ready for spring 2010. There will be no increase in operating budgets and staffing levels due to the fact that the Phillies will pay a greater burden of the operating cost at the Carpenter Complex as well as at Bright House Networks Field. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:Yes Budget Adjustment Comments: Mid-year transfer from unappropriated general fund retained earnings. Current Year Cost:$200,000 Annual Operating Cost:n/a Not to Exceed:$200,000 Total Cost:$200,000 For Fiscal Year:2008 to 2009 Appropriation Code Amount Appropriation Comment 315-93606 $200,000 Cover Memo Review Approval: 1) Office of Management and Budget 2) Legal 3) Parks and Recreation 4) Office of Management and Budget 5) Parks and Recreation 6) Office of Management and Budget 7) Legal 8) Clerk 9) Assistant City Manager 10) Clerk 11) City Manager 12) Clerk Cover Memo SECOND AMENDMENT TO BASEBALL TRAINING FACILITY USE AGREEMENT THIS Second Amendment to that certain Baseball Training Facility Lease Agreement, dated December 31, 2000, as heretofore amended (“Agreement”) is hereby made and entered into on March ____, 2009 between the City of Clearwater, Florida, a municipal corporation of the State of Florida (“City”) and Phillies Florida LLC, a Delaware limited liability company (“the Phillies”) (each party individually referred to herein as “Party” or collectively as the “Parties”). WHEREAS, the City and the Phillies entered into the Agreement, which sets out the terms and conditions for the Phillies’ use and occupancy of, and of the Parties’ respective rights and obligations in respect to, certain property commonly known as the Carpenter Complex (as more particularly described in Exhibit “A” attached thereto and incorporated therein); and WHEREAS, the Parties have agreed to make certain improvements to the Carpenter Complex spring training facility and otherwise revise the Agreement as provided for herein. NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by each of the parties hereto, the Agreement is hereby amended as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Second Amendment. Attachment number 1 Page 1 of 6 2 2. In accordance with Section 10, Alterations and Additions by the Phillies, Subsection 10.2, the following improvements will be made to the Carpenter Complex (the “Project”): a. the following renovations in approximately 7,000 sq. ft. of the ground floor of the existing operations building, namely, enlargement of coaches locker rooms and trainers area, upgrades to restrooms and meeting rooms, expansion of kitchen and feeding areas and additional storage and laundry areas; and b. the addition of 5,650 sq. ft. of second floor space, to include additional offices, conference rooms, restrooms and storage areas. All of the foregoing shall be constructed in accordance with plans and specifications designed and delivered by the City’s architect of record, Wannamaker Jensen Architects, # 315-93606, entitled “Carpenter Complex Improvements.” 3. The Project will be managed by the Phillies and effected by a construction company that the Phillies select through a competitive procurement process that complies with applicable legal requirements for the bidding and awarding of construction contracts for public works projects to the same extent as if the City had undertaken such bidding and awarding of the contract, including but not limited to, all requirements of the Florida Statutes and the City of Clearwater Code of Ordinances. 4. The City will fund the Project up to a maximum of Three Million Two Hundred Thousand Dollars xx/100 ($3,200,000), which will be disbursed through the City’s purchase order process as appropriate invoices are received by the City from the Phillies. 5. The Phillies will be responsible for any Project cost overrun above City’s $3,200,000 contribution and theretofore will have the right to make additive and subtractive change orders, for which it shall be responsible to the extent of any excess. In Attachment number 1 Page 2 of 6 3 no event shall the City be responsible to fund any amount over the amount set forth herein and the Phillies shall guaranty completion of the Project and indemnify the City for any amounts required over the City-funded amount in order to complete the Project. 6. The City will purchase, bear the risk of loss with respect to, and insure for its own benefit, and the benefit of the Phillies, all construction materials specified by the Phillies. 7. In order to discharge the City’s duty to insure Project materials as provided for in Section 6 above, the Phillies will, at its own expense, add the City as an additional insured under its builder’s risk insurance for the Project and the City will (as a charge against its funding commitment) reimburse the Phillies for that portion of the insurance cost that relates to construction materials purchased by the City. The Parties agree to adjust these procedures as may be necessary to conform to sales tax regulations. 8. The City agrees that at the time of execution of this Amendment, there are no unfulfilled City regulatory or permitting approvals relating to the Project. However, in accordance with Section 10.2 of the Agreement, City’s consent for the Project is conditioned upon the Phillies acquiring any necessary permits from applicable government agencies other than City. 9. Section 9.1 is deleted in its entirety and shall be replaced with the following: 9.1. Phillies and City Obligations. The Phillies agrees during its period of use to maintain the clubhouse and the weight training facility on the Demised Premises in a clean and orderly condition, provided that the City will until September 30, 2009 at its expense supply one janitor to assist in the cleaning of the clubhouse. Otherwise, the City shall keep the Demised Premises, Attachment number 1 Page 3 of 6 4 including without limitation the clubhouse and the weight training facility, parking lot, playing fields, practice fields, bleacher seats, and fences and all other buildings, structures and improvements thereon erected in good order and condition and shall perform all necessary maintenance, repair and restoration thereof, ordinary and extraordinary, structural and non-structural, excepting only as provided in the third from last sentence of this Section 9.1, and in compliance with all applicable Legal Requirements and in first class condition and up to first class MLB spring training facilities standards at the time of reference, provided however, that (subject to Sections 14 and 15 hereof) this obligation shall not operate to require the City to substantially reconstruct the Demised Premises during the Term hereof. Specifically, but without limiting the generality of the preceding sentence, the City shall continuously maintain the four playing fields and the practice field in a condition suitable for playing Major League baseball and in that connection shall provide at least three employees to perform playing field maintenance during periods of use by The Phillies. The Phillies shall: (a) provide one groundskeeper, at its expense; and (b) bear the cost of any repair or restoration to the extent that it may be caused by the fault or negligence of The Phillies, its players, agents, employees or invitees (ordinary wear and tear excepted) but only if and only to the extent that the cost thereof may exceed related insurance proceeds. Additionally, The Phillies shall from and after September 30, 2009: (i) perform on the City’s Attachment number 1 Page 4 of 6 5 equipment the field grass cutting to the extent it cannot be performed by three City employees; (ii) all clay grooming for all Phillies events (raking, packing mounds, batters boxes, etc); (iii) all maintenance of all batting tunnel clay mounds; and (iv) all maintenance of bullpen clay for all Phillies events. In the performance of their respective obligations under this Section 9.1, the City and The Phillies shall comply with all applicable health and safety code requirements. This section 9.1 shall not be construed to require the City to reconstruct new facilities. 10. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment the day and year first above written. Countersigned: __________________________________ Frank V. Hibbard Mayor Approved as to form: __________________________________ Laura Lipowski Assistant City Attorney PHILLIES FLORIDA LLC By: The Phillies, its sole member By: ______________________________ David P. Montgomery General Partner, President & CEO CITY OF CLEARWATER, FLORIDA By: _____________________________ William B. Horne, II City Manager Attest: _________________________________ Cynthia E. Goudeau City Clerk Attachment number 1 Page 5 of 6 6 Attachment number 1 Page 6 of 6 Attachment number 2 Page 1 of 2 Attachment number 2 Page 2 of 2 SECOND AMENDMENT TO SPORTS FACILITY USE AGREEMENT THIS Second Amendment to that certain Sports Facility Use Agreement dated December 31, 2000, as heretofore amended (“Agreement”), is hereby made and entered into on March ____, 2009, between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (“City”) and PHILLIES FLORIDA LLC, a Delaware limited liability company (“the Phillies”) (independently “Party” or collectively “Parties”). WHEREAS, City and the Phillies agree to amend the Agreement between the Parties to modify certain sections thereof as they relate to the cost of off-duty police presence during Major League Spring Training games at Bright House Field; and WHEREAS, City is responsible for certain costs related to the operation of Bright House Field and the Parties agree that responsibility for those costs shall be decreased as follows. NOW, THEREFORE, in consideration of the mutual covenants contained hereafter, the Agreement is hereby amended as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Second Amendment. 2. Paragraph 8.4 is amended to read in full as follows: 8.4 City Services. City will provide all appropriate City services at appropriate levels of coverage for all Events, except that, during Major League Spring Training games played from and after January 1, 2010 only, the Phillies will engage and pay off-duty police surrounding the Sports Facility for security and traffic control purposes and to prevent the unauthorized sale of merchandise at the Sports Facility. (For this Attachment number 3 Page 1 of 2 2 purpose, “unauthorized sale of merchandise” shall mean the sale of goods by a Person who has not been authorized by the Phillies to make such sales and the sale of unlicensed goods, whenever a license is required for such sale to be given by the Phillies, MLB or other holders of the marks embodied on such goods.) The Phillies will provide necessary security and paramedical services within the Sports Facility. 3. All of the terms and conditions of the Agreement which are not expressly amended herein shall continue in full force and effect, and are incorporated herein by reference as if set forth in full. IN WITNESS WHEREOF, the Parties have executed this Amendment the day and year first above written. Countersigned: __________________________________ Frank V. Hibbard Mayor Approved as to form: __________________________________ Laura Lipowski Assistant City Attorney PHILLIES FLORIDA LLC By: The Phillies, its sole member By: ______________________________ David P. Montgomery General Partner, President & CEO CITY OF CLEARWATER, FLORIDA By: _____________________________ William B. Horne, II City Manager Attest: _________________________________ Cynthia E. Goudeau City Clerk Attachment number 3 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Accept a 10-foot wide Water Main and Utilities Easement to encumber a portion of Lot 10, Block B, HIGHLAND TERRACE MANOR SUBDIVISION, and a portion of the East 85.64 feet of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 2, Township 29 South, Range 15 East, conveyed by the School Board of Pinellas County in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: In October 2004 the City completed its Water Supply System Master Plan ("Plan") that included a recommendation the City expand local water production. Pursuant to the plan the City will install five new wells that are anticipated to increase water production by 1.25 millions gallons per day. Four inactive permitted wells will be relocated, and three other wells will be rehabilitated to enhance capacity. The subject easement exactly overlays a Sanitary Easement the School Board granted the City in 1984, to now also provide the City sufficient perpetual authority within the same easement alignment to install and maintain a proposed 8-inch raw water delivery line that will interconnect the new wells with the water treatment facility. This easement provides direct linkage for the proposed water line from routing within Fairmont Street right-of-way to connect with the 10-foot wide water main easement the School Board granted in May 2008 along the easterly boundary of the Kings Highway Elementary property. Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Attachment number 1 Page 1 of 4 Attachment number 1 Page 2 of 4 Attachment number 1 Page 3 of 4 Attachment number 1 Page 4 of 4 PAL M ST SANDY GROVE CAROLYN FL O R A STATE ST KI N G ' S BA R B A R A CA R L O S S T E V E N S O N DR HO L T AV E PI N E L A ND LA LA WILSON MA C O M B E R CH E N A N GO BE T T Y SPRING THAMES SUNSET RD ST PINEBROOK WOODSONADMIRAL ST CEDAR FA I R B U R N HIBISCUS P I N E ST KIN G S ST PARKWOOD WOODBINE SPRINGDALE ST Otis C Green AVE ENGMAN CARO L TO N CK CLAIRE STO DR OVERLEA BR O O K DR RO L L EN HIGH W A Y ST ST ST N S BA R B AR A ST FAIRMONT AV E HEAVEN SANDY MARY TERRACE FAIRMONT C R - 5 6 0 JA D E LA RD L RD RD CR - 3 6 5 CA RL OS SENT LA OTTEN LA HIBISCUS HIBISCUS PARKWOOD WOODBINE SPRINGDALE WES T O N JOEL BENTLEY BAR B AR A CIR BYRAMAVE LA BERTLAND N NUG G E T Highland PI C A R D Y Pi c a r dy L a BE L L S CR-576 DR DR MA C RA E AV E DR NE L S O N AVE RI D G E W A Y SOUTH RD Cir POINT DR HI G H L A N D ERIN SO U V EN I R LA DR JU N E DR DR DR ELIZABETH CIR WO O D AV E TE R R A C E FL AGL E R CA R L O S DR AV E DR WE S T CIRCLE LA ST ROSEMONT SANDY LINWOOD DR LA GREENLEA LOGAN STCLARK WEB B DR CR-548 LEVERN BONAIR ST ST RIDGE LY NN AV E GENTRY CARROLL ST ST CROWN AV E ST EA S T LO M B A R D Y SH A R O N D A L E BE L L E M EA D E PA M E L I A FL O R A SHERWOOD WEBB LONG SCOTT FLAGLER LA DR PA CH AN D LE R AV E GR E E N H I L L DR RD KRUSE DRD R DR BY R A M CIR SOUVENIR ALGONQUIN CT LOCATOR MAP ²Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com PROJECT SITE ^ SFEB 1"=800'261A 2-29s-15e2/23/2009Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PCSB KINGS HIGHWAY WATER MAIN EASEMENT Attachment number 2 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Wastewater Regulatory Trends - Tracy Mercer, Public Utilities Dir. SUMMARY: Review Approval:1) Clerk Wastewater Regulatory Trends Wastewater Regulatory Trends Public Utilities DepartmentPublic Utilities Department March 2009 RECLAMATION FACILITIESRECLAMATION FACILITIES Current WRF OperationsCurrent WRF Operations Permitted Capacity Permitted Capacity 28.5 MGD28.5 MGD Treated Treated Permitted Capacity Permitted Capacity 28.5 MGD28.5 MGD Treated Treated Treated Treated 13.9 MGD ADF13.9 MGD ADF Reclaimed Reclaimed 3.5 MGD ADF3.5 MGD ADF Treated Treated 13.9 MGD ADF13.9 MGD ADF Reclaimed Reclaimed 3.5 MGD ADF3.5 MGD ADF REGULATORY STATUSREGULATORY STATUS IP ProgramIP Program FAC 62FAC 62--625625 GrizzleGrizzle––FiggFigg IP ProgramIP Program FAC 62FAC 62--625625 GrizzleGrizzle––FiggFiggGrizzleGrizzle––FiggFigg FDEP RegulationsFDEP Regulations AWT for dischargeAWT for discharge EPA RegulationsEPA Regulations GrizzleGrizzle––FiggFigg FDEP RegulationsFDEP Regulations AWT for dischargeAWT for discharge EPA RegulationsEPA Regulations REGULATORY STATUSREGULATORY STATUS Public Access Reuse Public Access Reuse SystemSystem FAC Part III 62FAC Part III 62--610610 Public Access Reuse Public Access Reuse SystemSystem FAC Part III 62FAC Part III 62--610610FAC Part III 62FAC Part III 62--610610 Class B Land Application Class B Land Application BiosolidsBiosolids 40 CFR 40 CFR ––Part 503Part 503 FAC Part III 62FAC Part III 62--610610 Class B Land Application Class B Land Application BiosolidsBiosolids 40 CFR 40 CFR ––Part 503Part 503 SkycrestSkycrest MorningsideMorningside SkycrestSkycrest MorningsideMorningside RECLAIMED WATER RECLAIMED WATER EXPANSION PROJECTSEXPANSION PROJECTS RECLAIMED WATER RECLAIMED WATER EXPANSION PROJECTSEXPANSION PROJECTS MorningsideMorningside Coachman Ridge / Coachman Ridge / ChautauquaChautauqua Glen Oaks / PalmettoGlen Oaks / Palmetto Clearwater HarborClearwater Harbor ResidentResident--Initiated AreasInitiated Areas MorningsideMorningside Coachman Ridge / Coachman Ridge / ChautauquaChautauqua Glen Oaks / PalmettoGlen Oaks / Palmetto Clearwater HarborClearwater Harbor ResidentResident--Initiated AreasInitiated Areas RECLAIMED WATERRECLAIMED WATER SYSTEM POTENTIALSYSTEM POTENTIAL RECLAIMED WATERRECLAIMED WATER SYSTEM POTENTIALSYSTEM POTENTIAL Existing CityExisting City--wide Demand =wide Demand = Pinellas County Wholesale =Pinellas County Wholesale = Estimated BuildEstimated Build--out Demand ~out Demand ~ Existing CityExisting City--wide Demand =wide Demand = Pinellas County Wholesale =Pinellas County Wholesale = Estimated BuildEstimated Build--out Demand ~out Demand ~ 3.5 MGD3.5 MGD 3.0 MGD3.0 MGD 10.0 MGD10.0 MGD 3.5 MGD3.5 MGD 3.0 MGD3.0 MGD 10.0 MGD10.0 MGD RECLAIMED WATER FUNDINGRECLAIMED WATER FUNDING POLICIESPOLICIES CurrentCurrent 5050--5050--50505050--5050--5050 50% Participation50% Participation 50% Efficiency50% Efficiency 50% Potable Offset50% Potable Offset RECLAIMED WATER FUNDINGRECLAIMED WATER FUNDING POLICIESPOLICIES By 2010By 2010 5050--6060--50505050--6060--5050 50% Participation50% Participation 60%60%EfficiencyEfficiency 50% Potable Offset50% Potable Offset RECLAIMED WATERRECLAIMED WATER Wet Weather DischargeWet Weather Discharge Well ExemptionsWell Exemptions Increased Funding Efficiency Increased Funding Efficiency Wet Weather DischargeWet Weather Discharge Well ExemptionsWell Exemptions Increased Funding Efficiency Increased Funding Efficiency Increased Funding Efficiency Increased Funding Efficiency Future RestrictionsFuture Restrictions Increased Funding Efficiency Increased Funding Efficiency Future RestrictionsFuture Restrictions Surface Water QualitySurface Water QualitySurface Water QualitySurface Water Quality EFFLUENT REGULATIONEFFLUENT REGULATION FDEP Triennial Review FDEP Triennial Review –– Surface Water Quality CriteriaSurface Water Quality Criteria FDEP Triennial Review FDEP Triennial Review –– Surface Water Quality CriteriaSurface Water Quality Criteria Proposed rule change to Proposed rule change to reduce THMsreduce THMsreduce THMsreduce THMs Potential Solutions Potential Solutions Revised Mixing ZoneRevised Mixing Zone Ultraviolet DisinfectionUltraviolet Disinfection EFFLUENT REGULATIONEFFLUENT REGULATION Total Maximum Daily Loads (TMDL)Total Maximum Daily Loads (TMDL)Total Maximum Daily Loads (TMDL)Total Maximum Daily Loads (TMDL) TOTAL MAXIMUM DAILY LOADS (TMDL) TOTAL MAXIMUM DAILY LOADS (TMDL) Tampa Bay Tampa Bay EPA TMDLEPA TMDL Tampa Bay Tampa Bay EPA TMDLEPA TMDLEPA TMDLEPA TMDL Assessment and Assessment and Allocation Report Allocation Report Stevenson’s CreekStevenson’s Creek Draft FDEP TMDLDraft FDEP TMDL EPA TMDLEPA TMDL Assessment and Assessment and Allocation Report Allocation Report Stevenson’s CreekStevenson’s Creek Draft FDEP TMDLDraft FDEP TMDL Surface Water Discharge Reclaimed Water Local Surface Water Discharge Reclaimed Water Local DISPOSAL OPTIONSDISPOSAL OPTIONS Local Regional Deep Well Injection IPR / GWR Local Regional Deep Well Injection IPR / GWR INDIRECT POTABLE INDIRECT POTABLE RECHARGERECHARGE SWFWMD SWFWMD Feasibility StudyFeasibility StudyFeasibility StudyFeasibility Study Use Reclaimed Use Reclaimed Water for Aquifer Water for Aquifer Recharge in Recharge in Tampa Bay AreaTampa Bay Area Groundwater Replenishment GROUNDWATER REPLENISHMENT GROUNDWATER REPLENISHMENT Clearwater Clearwater Feasibility StudyFeasibility StudyFeasibility StudyFeasibility Study BIOSOLIDSBIOSOLIDS BIOSOLIDS PLANBIOSOLIDS PLAN Truck and Land Applied Anaerobic Digestion Truck and Land Applied Anaerobic DigestionAnaerobic Digestion Dewatering ~17% Solids Anaerobic Digestion Dewatering ~17% Solids SIX YEAR CIP Secondary Digester NEWRF Rehabilitation of Dewatering SIX YEAR CIP Secondary Digester NEWRF Rehabilitation of Dewatering CURRENT BIOSOLIDS PLANCURRENT BIOSOLIDS PLAN Rehabilitation of Dewatering Thermal Dryer Rehabilitation of Dewatering Thermal Dryer CURRENT REGULATORY ISSUESCURRENT REGULATORY ISSUES Cradle to Grave Documentation RMF’s must be Attended Cradle to Grave Documentation RMF’s must be AttendedRMF’s must be Attended Restrictions on Quantity Applied Control of drainage offsite or wetlands onsite RMF’s must be Attended Restrictions on Quantity Applied Control of drainage offsite or wetlands onsite PROPOSED REGULATIONPROPOSED REGULATION Solids: What the future holdsSolids: What the future holds PROPOSED REGULATIONPROPOSED REGULATION Solids: What the future holdsSolids: What the future holds Maximum Site Loading will bring Maximum Site Loading will bring will bring about either: Landfill Fertilizer Grade Production will bring about either: Landfill Fertilizer Grade Production NORTH PINELLAS Regional Solids Dryer Facility NORTH PINELLAS Regional Solids Dryer Facility Local v. Regional Local v. Regional Innovative & Alternative Technologies Innovative & Alternative Technologies Wastewater Regulatory Trends Wastewater Regulatory Trends Public Utilities DepartmentPublic Utilities Department Tracy Mercer, P.U. Director, M.B.A. Nan Bennett, Asst. P.U. Director, P.E. Rob Fahey, Engineering Manager, P.E. Tracy Mercer, P.U. Director, M.B.A. Nan Bennett, Asst. P.U. Director, P.E. Rob Fahey, Engineering Manager, P.E. INTEGRATED WATER MANAGEMENT STRATEGY (IWMS) •CONSERVE our limited water supplies •PRESERVE our drinking water source•PRESERVE our drinking water source •PRODUCE more water from our local sources •PROTECT our coastal environment (maximize reclaimed water use/ reduce discharge to Gulf & Bay) Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 2350 Lake Shore Drive (Lots 1, 2, 3, 12, 13 and 14, Block 46, Section A, Unit 1, Chautauqua Subdivision in Section 32, Township 28 South, Range 16 East) and an unaddressed parcel located at the Northwest corner of First Street East and Third Avenue North (Lots 12 through 15, Block 47, Section A, Unit 1, Chautauqua Subdivision in Section 32, Township 28 South, Range 16 East)and pass Ordinances 8047-09,8048-09 and 8049-09 on first reading. (ANX2009-01001) SUMMARY: This voluntary annexation petition involves a 1.111-acre property consisting of one 0.638 acre parcel of land occupied by a single- family dwelling and one 0.473 acre parcel of land that is vacant. The parcels are located between Third Avenue North and Fourth Avenue North, with one parcel lying east of First Street East and one lying west of First Street East. Both parcels are located approximately 600 feet east of Chautauqua Avenue. The Planning Department is requesting that the 1.08-acres of abutting Fourth Avenue North, First Street East, and Third Avenue North rights-of-way not currently within the City limits also be annexed. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing City boundaries to the north, south and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Suburban (RS) and a zoning category of Low Density Residential (LDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from the City of Clearwater. The closest sanitary sewer line is located in the adjacent Fourth Avenue North right-of-way and the applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Development Code. The proposed RS Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 2.5 units per acre. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR) District. The use of the subject property is consistent with the uses allowed in the District and both parcels exceed the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north, south and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-01001 - 2350 Lake Shore Dr and Unaddressed Parcel on 1st Street East - McConihay\Maps - Combined cases\REVISEDLOCATION.doc PROJECT SITE P -N o t t o S c a l e - -N o t a S u r v e y - Location Map Owner Stephen E. McConihay, Jr. and Donna M. McConihay Case: ANX2009-01001 Site: 2350 Lake Shore Drive and Unaddressed Parcel located at the Northwest corner of First Street East and Third Avenue North Property Size (Acres): Size R-O-W (Acres): 1.111 1.08 Land Use Zoning PIN: 32-28-16-14922-046-0120 and 32-28-16-14922-047-0120 From : To: RS (County) R-R (County) RS (City) LDR (City) Atlas Page: 233A Attachment number 1 Page 1 of 8 S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-01001 - 2350 Lake Shore Dr and Unaddressed Parcel on 1st Street East - McConihay\Maps - Combined cases\REVISEDAERIAL.doc P F IR S T S T E FIRS T S T E CHAUTAUQUA AVE CHAUTAUQUA AVE THIRD AVE NTHIRD AVE N LAKEBREEZE LN NLAKEBREEZE LN N FOURTH AVE NFOURTH AVE N -N o t t o S c a l e - -N o t a S u r v e y - Aerial Photograph Owner Stephen E. McConihay, Jr. and Donna M. McConihay Case: ANX2009-01001 Site: 2350 Lake Shore Drive and Unaddressed Parcel located at the Northwest corner of First Street East and Third Avenue North Property Size (Acres): Size R-O-W (Acres): 1.111 1.08 Land Use Zoning PIN: 32-28-16-14922-046-0120 and 32-28-16-14922-047-0120 From : To: RS (County) R-R (County) RS (City) LDR (City) Atlas Page: 233A Attachment number 1 Page 2 of 8 60 60 60 30 60 60 60 60 60 60 30 14922 91564 * 47 43 44 48 49 46 45 26 25 24 23 22 21 20 19 18 17 16 15 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 13 24 26 25 24 23 22 21 20 19 18 17 16 15 14 11 10 9 8 7 6 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 14 13 12 11 10 9 8 1 2 3 4 5 7 6 2625 24 23 22 21 20 19 1817 16 15 14 12 11 10 9 8 7 6 1 2 3 4 5 6 7 8 9 10 1112 13 1 2 3 4 5 26 25 23 22 21 20 19 18 17 16 15 14 14 13 14 15 16 17 18 19 2120 202.91 1034.8 30(S) 330.09 103(S) 359.03 133.17 189.75 132.43 133.07 132.88 275.08 2 8 1 . 9 4 382(S) 687(S) 10 3 ( S ) 415 188.69 V A C VA C VAC VAC VAC VAC LAKEBREEZE LANE28 2324 3 2330 267 1 26 6 2 2645 2 7 7 1 26 7 7 26 5 0 2769 FIR S T S T E THIRD AVE N CHAUTAUQUA AVE FOURTH AVE N 39557 S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-01001 - 2350 Lake Shore Dr and Unaddressed Parcel on 1st Street East - McConihay\Maps - Combined cases\REVISEDPROPOSED.doc 61 2747 2747 268 4 2747 2743 2747 2350 2747 2747 2360 2747 27 47 26 7 8 2350 265 6 2346 267 0 -N o t t o S c a l e - -N o t a S u r v e y - Proposed Annexation Map Owner Stephen E. McConihay, Jr. and Donna M. McConihay Case: ANX2009-01001 Site: 2350 Lake Shore Drive and Unaddressed Parcel located at the Northwest corner of First Street East and Third Avenue North Property Size (Acres): Size R-O-W (Acres): 1.111 1.08 Land Use Zoning PIN: 32-28-16-14922-046-0120 and 32-28-16-14922-047-0120 From : To: RS (County) R-R (County) RS (City) LDR (City) Atlas Page: 233A Attachment number 1 Page 3 of 8 60 60 60 30 60 60 60 60 60 60 30 14922 91564 * 47 43 44 48 49 46 45 26 25 24 23 22 21 20 19 18 17 16 S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-01001 - 2350 Lake Shore Dr and Unaddressed Parcel on 1st Street East - McConihay\Maps - Combined cases\REVISEDFUTURE LAND USE.doc 1 154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 13 24 26 25 24 23 22 21 20 19 18 17 16 15 14 11 10 9 8 7 6 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 14 3 12 11 10 9 8 1 2 3 4 5 7 6 2625 24 23 22 21 20 19 1817 16 15 14 12 11 10 9 8 7 6 1 2 3 4 5 6 7 8 9 10 1112 13 1 2 3 4 5 26 25 23 22 21 20 19 18 17 16 15 14 14 13 14 15 16 17 18 19 2120 202.91 1034.8 30(S) 330.09 103(S) 359.03 133.17 189.75 132.43 133.07 132.88 275.08 2 8 1 . 9 4 382(S) 687(S) 10 3 ( S ) 415 188.69 V A C VA C VAC VAC VAC VAC LAKEBREEZE LANE28 2324 3 2743 1 P R/OS RS RS RS RS RM RS P WATER P2330 2671 2662 2645 2350 2 7 7 1 2677 2650 2769 F IR S T ST E THIRD AVE N CHAUTAUQUA AVE FOURTH AVE N 7369651 2747 2747 2684 2747 2747 2747 2747 2360 2747 274 7 2678 2350 2656 2346 2670 57 6 -N o t t o S c a l e - -N o t a S u r v e y - RS RS Future Land Use Map Stephen E. McConihay, Jr. and Donna M. McConihay Owner Case: ANX2009-01001 2350 Lake Shore Drive and Property Size (Acres): 1.111 Unaddressed Parcel located at the Northwest corner of First Street East and Third Avenue North Size R-O-W (Acres): Site: 1.08 Land Use Zoning 32-28-16-14922-046-0120 and PIN: 32-28-16-14922-047-0120 From : RS (County) R-R (County) To: RS (City) LDR (City) Atlas Page: 233A Attachment number 1 Page 4 of 8 60 60 60 30 60 60 60 60 60 60 30 14922 91564 * 47 43 44 48 49 S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-01001 - 2350 Lake Shore Dr and Unaddressed Parcel on 1st Street East - McConihay\Maps - Combined cases\REVISEDZONING.doc 46 45 26 25 24 23 22 21 20 19 18 17 16 5 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 13 26 25 24 23 22 21 20 19 18 17 16 15 14 11 10 9 8 7 6 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 14 13 12 11 10 9 8 1 2 3 4 5 7 6 2625 24 23 22 21 20 19 1817 16 15 14 12 11 10 9 8 7 6 1 2 3 4 5 6 7 8 9 10 1112 13 1 2 3 4 5 DRAINAGE EASEMENT 845.4 1034.8 457.56 30(S) 330.09 103(S) 852.38 1 133 17 2 8 1 . 9 4 38 10 3 ( S ) 415 V A C VA C VAC VAC VAC VAC C OS/R P LDR O 2330 2671 2662 2645 23502677 2650 25869 25821 25841 25833 2 5 9 2 9 2 5 8 9 7 25877 2 5 9 2 1 2 5 8 8 1 2 5 9 0 5 F IR S T S T E THIRD AVE N CHAUTAUQUA AVE FOURTH AVE N MDR 2684 2360 2678 2350 2656 2346 2670 25853 2583725829 25845 25873 258 57 25865 25861 2 5 9 0 1 25817 2 5 9 0 9 2 5 9 4 1 2 5 8 8 9 25849 25 9 2 5 -N o t t o S c a l e - -N o t a S u r v e y - LDR LDR Zoning Map Stephen E. McConihay, Jr. and Donna M. McConihay Owner Case: ANX2009-01001 2350 Lake Shore Drive and Property Size (Acres): 1.111 Unaddressed Parcel located at the Northwest corner of First Street East and Third Avenue North Size R-O-W (Acres): Site: 1.08 Land Use Zoning 32-28-16-14922-046-0120 and PIN: 32-28-16-14922-047-0120 From : RS (County) R-R (County) To: RS (City) LDR (City) Atlas Page: 233A Attachment number 1 Page 5 of 8 60 60 60 30 60 60 60 60 60 60 30 14922 S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-01001 - 2350 Lake Shore Dr and Unaddressed Parcel on 1st Street East - McConihay\Maps - Combined cases\REVISEDEXISTING.doc 91564 * 47 43 44 48 9 6 45 26 3 2 1 9 8 7 6 5 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 13 24 26 5 4 3 1 0 9 8 7 6 15 14 9 6 1 2 3 4 5 6 7 8 9 10 11 12 13 5 3 12 11 10 9 7 6 2625 24 23 22 21 20 19 1817 16 15 14 2 1 9 8 7 6 1 12 13 1 2 3 4 5 26 25 23 22 1 0 9 8 7 6 5 14 13 14 15 16 17 18 19 2120 202.91 1034.8 30(S) 330.09 103(S) 359.03 133.17 75 132.43 3.07 275.08 . 9 4 382(S) 687(S) 10 3 ( S ) 415 188.69 V A C VA C VAC VAC VAC VAC LAKEBREEZE LANE28 2324 3 4 1 2 3 4 4 1 2 3 4 5 25 24 2 2 2 20 1 1 1 1 1 1 2 2 2 22 2 2 1 1 1 1 11 10 8 7 14 1 8 1 1 10 2 3 4 5 6 7 8 9 10 11 2 2 1 1 1 1 1 14 189. 13 132.88 2 8 1 2330 267 1 26 6 2 2645 7 7 1 26 7 7 26 5 0 2769 FIR S T S T E THIRD AVE N CHAUTAUQUA AVE FOURTH AVE N 2 3955761 2747 2747 268 4 2747 2743 2747 2350 2747 2747 0 2747 27 47 26 7 8 50 265 6 2346 267 0 236 23 -N o t t o S c a l e - -N o t a S u r v e y - Multi-Family Residential Conservation Single Family Residential Vacant Single Conservation Family Residential Single Family Residential Single Vacant Vacant Family Residential Vacant Conservation Single Family Residential Single Family Residential Existing Surrounding Uses Map Stephen E. McConihay, Jr. and Donna M. McConihay Owner Case: ANX2009-01001 2350 Lake Shore Drive and Property Size (Acres): 1.111 Unaddressed Parcel located at the Northwest corner of First Street East and Third Avenue North Size R-O-W (Acres): Site: 1.08 Land Use Zoning 32-28-16-14922-046-0120 and PIN: 32-28-16-14922-047-0120 From : RS (County) R-R (County) To: RS (City) LDR (City) Atlas Page: 233A Attachment number 1 Page 6 of 8 View looking south at the subject property, 2350 Lake Shore Drive View looking south from the subject property, 2350 Lake Shore Drive View looking west at the subject property, vacant unaddressed parcel. View looking east at the subject property, 2350 Lake Shore Drive View looking north from the subject property, 2350 Lake Shore Drive Page 1 of 2 ANX2009-01001 McConihay, Stephen E. and Donna M. 2350 Lake Shore Drive and Unaddressed Parcel View looking southwesterly at the subject property, vacant unaddressed parcel. Attachment number 1 Page 7 of 8 View looking south along First Street East.View looking north along First Street East. ANX2009-01001 McConihay, Stephen E. and Donna M. 2350 Lake Shore Drive and Unaddressed Parcel Page 2 of 2 View looking westerly along Third Avenue North. Attachment number 1 Page 8 of 8 Ordinance No. 8047-09 ORDINANCE NO. 8047-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF FIRST STREET EAST AND THIRD AVENUE NORTH APPROXIMATELY 500 FEET EAST OF CHAUTAUQUA AVENUE AND PROPERTY LOCATED ON THE NORTHEAST CORNER OF FIRST STREET EAST AND THIRD AVENUE NORTH APPROXIMATELY 660 FEET EAST OF CHAUTAUQUA AVENUE, CONSISTING OF LOTS 1, 2, 3, 12, 13 AND 14, BLOCK 46, SECTION A, UNIT 1, CHAUTAUQUA SUBDIVISION AND LOTS 12, 13, 14 AND 15, BLOCK 47, SECTION A, UNIT 1, CHAUTAUQUA SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2350 LAKE SHORE DRIVE AND UNADDRESSED PARCEL AT THE CORNER OF FIRST STREET EAST AND THIRD AVENUE NORTH, TOGETHER WITH THE RIGHT-OF-WAY OF FOURTH AVENUE NORTH ABUTTING LOTS 12, 13 AND 14, THE RIGHT-OF-WAY OF FIRST STREET EAST ABUTTING LOTS 1 AND 14, AND THE RIGHT-OF-WAY OF THIRD AVENUE NORTH ABUTTING LOTS 1, 2, AND 3 OF BLOCK 46 AND LOTS 10 THROUGH 13 OF BLOCK 47, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached legal description (ANX2009-01001) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Attachment number 2 Page 1 of 3 Ordinance No. 8047-09 2 Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ____________________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 2 Page 2 of 3 Ordinance No. 8047-09 3 ANX2009-01001 – 2350 Lake Shore Drive and Unaddressed Parcel on First Street East Legal Description Lots 1, 2, 3, 12, 13 and 14, Block 46, Section A, Unit 1, Chautauqua Subdivision, according to the map or plat thereof as recorded in Plat Book 9, Page 52, Public Records of Pinellas County, Florida. Lots 12 through 15, Block 47, Section A, Unit 1, and the Right-of-Way of 3rd Avenue N. abutting Lots 10 through 13, Block 47, Chautauqua Subdivision, according to map or plat thereof, as recorded in Plat Book 9, Page 52, Public Records of Pinellas County, Florida. Together with the Right-of-Way of Fourth Avenue N. abutting lots 12, 13, and 14, the Right-of-Way of First Street East abutting lots 1 and 14 and the Right-of-Way of Third Avenue N. abutting lots 1, 2, and 3. Attachment number 2 Page 3 of 3 Ordinance No. 8048-09 ORDINANCE NO. 8048-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF FIRST STREET EAST AND THIRD AVENUE NORTH APPROXIMATELY 500 FEET EAST OF CHAUTAUQUA AVENUE AND PROPERTY LOCATED ON THE NORTHEAST CORNER OF FIRST STREET EAST AND THIRD AVENUE NORTH APPROXIMATELY 660 FEET EAST OF CHAUTAUQUA AVENUE, CONSISTING OF LOTS 1, 2, 3, 12, 13 AND 14, BLOCK 46, SECTION A, UNIT 1, CHAUTAUQUA SUBDIVISION AND LOTS 12, 13, 14 AND 15, BLOCK 47, SECTION A, UNIT 1, CHAUTAUQUA SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2350 LAKE SHORE DRIVE AND UNADDRESSED PARCEL AT THE CORNER OF FIRST STREET EAST AND THIRD AVENUE NORTH, TOGETHER WITH THE RIGHT-OF-WAY OF FOURTH AVENUE NORTH ABUTTING LOTS 12, 13 AND 14, THE RIGHT-OF- WAY OF FIRST STREET EAST ABUTTING LOTS 1 AND 14, AND THE RIGHT-OF-WAY OF THIRD AVENUE NORTH ABUTTING LOTS 1, 2 AND 3 OF BLOCK 46 AND LOTS 10 THROUGH 13 OF BLOCK 47, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN (RS); 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, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached legal description Residential Suburban (RS) (ANX2009-01001) Attachment number 3 Page 1 of 3 Ordinance No. 8048-09 2 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, contingent upon and subject to the adoption of Ordinance No. 8047-09. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 3 Page 2 of 3 Ordinance No. 8048-09 3 ANX2009-01001 – 2350 Lake Shore Drive and Unaddressed Parcel on First Street East Legal Description Lots 1, 2, 3, 12, 13 and 14, Block 46, Section A, Unit 1, Chautauqua Subdivision, according to the map or plat thereof as recorded in Plat Book 9, Page 52, Public Records of Pinellas County, Florida. Lots 12 through 15, Block 47, Section A, Unit 1, and the Right-of-Way of 3rd Avenue N. abutting Lots 10 through 13, Block 47, Chautauqua Subdivision, according to map or plat thereof, as recorded in Plat Book 9, Page 52, Public Records of Pinellas County, Florida. Together with the Right-of-Way of Fourth Avenue N. abutting lots 12, 13, and 14, the Right-of-Way of First Street East abutting lots 1 and 14 and the Right-of-Way of Third Avenue N. abutting lots 1, 2, and 3. Attachment number 3 Page 3 of 3 Ordinance No. 8049-09 ORDINANCE NO. 8049-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF FIRST STREET EAST AND THIRD AVENUE NORTH APPROXIMATELY 500 FEET EAST OF CHAUTAUQUA AVENUE AND PROPERTY LOCATED ON THE NORTHEAST CORNER OF FIRST STREET EAST AND THIRD AVENUE NORTH APPROXIMATELY 660 FEET EAST OF CHAUTAUQUA AVENUE, CONSISTING OF LOTS 1, 2, 3, 12, 13 AND 14, BLOCK 46, SECTION A, UNIT 1, CHAUTAUQUA SUBDIVISION AND LOTS 12, 13, 14 AND 15, BLOCK 47, SECTION A, UNIT 1, CHAUTAUQUA SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2350 LAKE SHORE DRIVE AND UNADDRESSED PARCEL AT THE CORNER OF FIRST STREET EAST AND THIRD AVENUE NORTH, TOGETHER WITH THE RIGHT-OF-WAY OF FOURTH AVENUE NORTH ABUTTING LOTS 12, 13 AND 14, THE RIGHT-OF-WAY OF FIRST STREET EAST ABUTTING LOTS 1 AND 14, AND THE RIGHT-OF-WAY OF THIRD AVENUE NORTH ABUTTING LOTS 1, 2 AND 3 OF BLOCK 46 AND LOTS 10 THROUGH 13 OF BLOCK 47, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification 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 located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District See attached legal description Low Density Residential (LDR) (ANX2009-01001) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Attachment number 4 Page 1 of 3 Ordinance No. 8049-09 2 Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8047-09. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 4 Page 2 of 3 Ordinance No. 8049-09 3 ANX2009-01001 – 2350 Lake Shore Drive and Unaddressed Parcel on First Street East Legal Description Lots 1, 2, 3, 12, 13 and 14, Block 46, Section A, Unit 1, Chautauqua Subdivision, according to the map or plat thereof as recorded in Plat Book 9, Page 52, Public Records of Pinellas County, Florida. Lots 12 through 15, Block 47, Section A, Unit 1, and the Right-of-Way of 3rd Avenue N. abutting Lots 10 through 13, Block 47, Chautauqua Subdivision, according to map or plat thereof, as recorded in Plat Book 9, Page 52, Public Records of Pinellas County, Florida. Together with the Right-of-Way of Fourth Avenue N. abutting lots 12, 13, and 14, the Right-of-Way of First Street East abutting lots 1 and 14 and the Right-of-Way of Third Avenue N. abutting lots 1, 2, and 3. Attachment number 4 Page 3 of 3 Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Appoint four members to the Marine Advisory Board with the term expiring March 31, 2013. SUMMARY: APPOINTMENT WORKSHEET BOARD: Marine Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Tim Trager MEETING DATES: 2nd Wed., 8 am PLACE: Marina APPTS. NEEDED: 4 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Mark A. Smith – 701 Bay Esplanade, 33767 – Financial Consultant Original Appointment 02/03/05 – (was serving 1st term until 02/28/09) Resigned 04/09/08 2. Paul Kelley – 667 Bay Esplanade #6, 33767 – Business Owner – Gulfside Docks Original Appointment 07/20/00 – (2nd term expired 07/31/08) 2007-2008 – (0 Absences) Interest in reappointment: Yes 3. F. David Hemerick – 192 Devon Dr., 33767 – Dentist Original Appointment 07/15/04 – (1st term expired 07/31/08) 2007-2008 – (0 Absences) Interest in reappointment: Yes 4. Edward O’Brien, Jr. – 3376 Ferncliff Lane, 33761 – College Professor Original Appointment 03/01/01 – (2nd term until 02/28/09) 2007-2008 – (1 Absence) Interest in reappointment: Yes THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. John Funk - 521 Mandalay Ave., Unit 402, 33767 - Real Estate Broker/Developer 2. Paul E. Lightfoot – 3102 Eagles Landing Circle West, 33761 – Financial Advisor 3. Bob Luna – 774 Snug Island, Island Estates, 33767 – Mortgage & Real Estate Broker 4. David J. Napoli – 2644 Barksdale Ct., 33761 – Retired/Trademan, Construction 5. Eric D. Spaulding – 1116 Sedeeva St., 33755 – Fisherman/Business Mgmt. Zip codes of current members on board: Cover Memo 2 at 33761 2 at 33765 Review Approval:1) Clerk Cover Memo Attachment number 1 Page 1 of 2 Attachment number 1 Page 2 of 2 Attachment number 2 Page 1 of 2 Attachment number 2 Page 2 of 2 Attachment number 3 Page 1 of 2 Attachment number 3 Page 2 of 2 Attachment number 4 Page 1 of 2 Attachment number 4 Page 2 of 2 Attachment number 5 Page 1 of 2 Attachment number 5 Page 2 of 2 Attachment number 6 Page 1 of 2 Attachment number 6 Page 2 of 2 Attachment number 7 Page 1 of 2 Attachment number 7 Page 2 of 2 Attachment number 8 Page 1 of 2 Attachment number 8 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8038-09 on second reading, amending Appendix A, Article VII to amend the administrative fee for fireworks, update nomenclature to reflect changes made by the State mandated use of the 2007 Florida Fire Prevention Code, and eliminate the power of the Fire Prevention Administrator to modify sections of the fire code. SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8038-09 ORDINANCE NO. 8038-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE FLORIDA FIRE PREVENTION CODE; AMENDING THE ADMINISTRATIVE FEE FOR FIREWORKS DISPLAYS TO REFLECT THE FEE CONTAINED IN THE FEE SCHEDULE IN APPENDIX A, ARTICLE VIII; UPDATING NOMENCLATURE TO REFLECT CHANGES MADE BY THE STATE MANDATED USE OF THE 2007 FLORIDA FIRE PREVENTION CODE; ELIMINATING THE POWER OF THE FIRE PREVENTION ADMINISTRATOR TO MODIFY SECTIONS OF THE FIRE CODE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 17.06(4), Clearwater Code of Ordinances, is hereby amended as follows: Sec. 17.06. Fireworks displays and open fires. * * * * * (4) Fees. The application shall be accompanied by a payment of a fee as follows: Fireworks display administrative fee . . . $150.00$135.00 * * * * * Section 2. Article II of Chapter 17, Clearwater Code of Ordinances, is hereby amended as follows: ARTICLE II. FIRE PREVENTION CODE* Sec. 17.31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Division of Fire Prevention Services Fire, Life Safety, and Emergency Management means the fire prevention division of the fire department, or any equivalent thereof. Corporation counsel means the city attorney. Municipality means the City of Clearwater, Florida. Attachment number 1 Page 1 of 4 Ordinance No. 8038-09 2 Sec. 17.32. Adoption of the Florida Fire Prevention Code. National Fire Codes. (1) There is hereby adopted the Florida Fire Prevention Code in its' entirety. and its incorporated standards and codes as published in the National Fire Codes of the National Fire Protection Association as and listed in FAC 69A-60 Florida Fire Prevention Code 4A-60.005 of the Florida Fire Prevention Code and being particularly the most recent edition as listed in NFPA 1 Fire Prevention Code Florida Edition and NFPA 101 Life Safety Code Florida Edition. referred to in this article as the National Fire Codes. Such codes and standards are hereby incorporated by reference as fully as if set out at length in this section, and the provisions thereof as they may be amended by ordinance from time to time shall be controlling within the fire control district. To the extent that the Florida Statute 633 or FAC 69A-60 4A-60: Florida Fire Prevention Code adopts any subsequent editions of NFPA 1 Fire Prevention Code and NFPA 101, Life Safety Code, or any amendments thereto, then the edition so adopted and any amendments thereto adopted by the board shall be enforced in the city fire control district. (2) It shall be unlawful for any person to violate the Florida Fire Prevention Code National Fire Codes, to permit or maintain such a violation, to refuse to obey any provision thereof, and to fail or refuse to comply with any such provision or regulation except as variation may be allowed by the action of the fire marshal in writing. Proof of such unlawful act or failure shall be deemed prima facie evidence that such act is that of the owner or other person in control of the premises. (3) The fire prevention division shall be responsible for the enforcement of the Florida Fire Prevention Code National Fire Codes. The city manager, after considering the recommendation of the fire chief, shall designate a fire official as fire marshal. The fire marshal shall be the administrator of the fire prevention division. The fire marshal shall inspect or cause to be inspected on a periodic basis all buildings or structures, vehicles, vessels, and other similar conveyances, and shall make such orders as may be deemed necessary for the enforcement of the Florida Fire Prevention Code National Fire Codes and for safeguarding life and property from fire or other emergencies. Sec. 17.33. Conflict between the Florida Fire Prevention Code National Fire Codes and other ordinances. In the event of a conflict between the Florida Fire Prevention Code National Fire Codes and any other provision of this Code, the strictest standards shall prevail. Sec. 17.34. Power of administrator to modify code provisions. The administrator of the fire prevention division of the fire department shall have the power to modify any of the provisions of the National Fire Codes upon application in writing by the owner or lessee of the property directly affected or his duly authorized agent when there are practical difficulties in carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. Attachment number 1 Page 2 of 4 Ordinance No. 8038-09 3 Sec.17.34 17.35. Determination of permitted new materials, processes, and occupancies. The city manager, the chief of the fire department and the fire marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the Florida Fire Prevention Code National Fire Codes. The fire marshal shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. Sec.17.35 17.36. Appeals. (1) Where any person seeks relief from a decision of a fire official enforcing any of the provisions of this Code, including permits, certificates, waivers, alternate materials, alternate methods, approvals, or variances or matters of code interpretations, that person may request reconsideration of the fire official's decision by appealing in writing to the fire chief or fire marshal within 15 days of the receipt of the decision stating the reasons why relief is sought and what other decision the person is seeking. The fire chief or fire marshal shall, within 30 days after receiving a copy of the appeal in writing, hold a hearing and decide the question after hearing testimony from all concerned persons. The fire chief or fire marshal shall render a written decision within 15 days after the hearing is completed. Such hearing shall be an informal administrative hearing. (2) Any person seeking relief from a decision of the fire chief or fire marshal regarding provisions of this article may appeal to the building/flood board of adjustment and appeals within 15 days after receipt of written notice of the decision by the fire chief or fire marshal. Any appeal to the building/flood board of adjustment and appeals shall be in writing and directed to the fire chief or fire marshal. Copies of the appeal shall be promptly transmitted to the board by the fire chief or fire marshal. Upon giving not less than five business days' notice to the persons interested, a hearing shall be held in accordance with the rules of the board. The board may, after such hearing, by a majority vote, affirm, annul, or modify the action of the fire chief or fire marshal. The decision of the board shall be in writing, and a copy shall be mailed to the appellant within seven business days after the conclusion of the hearing and any decision made shall be final. Further recourse shall be through established legal procedures. Sec.17.36 17.37. Penalty for violation of article. Any person who shall: (1) Violate any of the provisions of this article; (2) Violate any order made pursuant to this article; (3) Build in violation of any detailed statement of specifications or plans submitted and approved pursuant to this article, or any certificate or permit issued pursuant to this article, and from which no appeal has been taken; or (4) Fail to comply with such an order as affirmed or modified by the fire chief, fire marshal, any board of adjustment and appeals having jurisdiction, or a court of competent jurisdiction, within the time fixed therein; Attachment number 1 Page 3 of 4 Ordinance No. 8038-09 4 shall severally for each such violation be guilty of a violation, punishable in the county court as a Class II violation as provided in section 1.12(3) or punishable before the code enforcement board as provided in Chapter 2, Article VII, Division 1. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _______________________ PASSED ON SECOND AND FINAL _______________________ READING AND ADOPTED ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ Robert J. Surette Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 4 of 4 Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8059-09 on second reading, amending Section 22.24(2) to modify the hours of operation for Station Square Park. SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance No. 8059-09 ORDINANCE NO. 8059-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PARKS; AMENDING CHAPTER 22, PARKS, BEACHES, RECREATION, ARTICLE II, USE REGULATIONS, SECTION 22.24(2), MODIFYING PARK HOURS FOR STATION SQUARE PARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances currently empowers the city manager to regulate the time, place and manner in which City park property is to be used and enjoyed by the public; and WHEREAS, it is beneficial and necessary to amend Code of Ordinance regulations relating to the hours of operation for city parks from time to time in the interest of the public health, safety and welfare and for the preservation of public property; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. That Chapter 22, Section 22.24 of the Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: Chapter 22 Parks, Beaches, Recreation* * * * Article II. Use Regulations* * * * (2) The hours of operation for each city park, as may be amended from time to time, are as follows: NO. SITE NAME 1. CLOSED FROM SUNSET UNTIL SUNRISE: 1 ALLEN'S CREEK PARK 2 ALLIGATOR LAKE 3 BAY PARK ON SAND KEY 4 MYRON A. SMITH BAYVIEW PARK 5 CEDAR GROVES Attachment number 1 Page 1 of 5 Ordinance No. 8059-09 6 CHARLES PARK 7 CHARTER OAKS 8 LAKE CHAUTAUQUA PARK 9 CHAUTAUQUA PARK NORTH (Enterprise Rd.) 10 CHAUTAUQUA PARK SOUTH 11 CHERRY HARRIS PARK 11 12 CLIFF STEPHENS PARK 12 13 COOPERS BAYOU PARK 13 14 COUNTRY HOLLOW PARK 14 15 CYPRESS BEND PARK 15 16 CYPRESS POINT PARK 16 17 D.D. DAVIS PARK 17 18 DREW PLAZA 18 19 GARDEN AVENUE PARK 19 20 GLEN OAKS PARK 20 21 GLENWOOD PARK 21 22 HARDING PLAZA 22 23 HIBISCUS LAKE 23 24 HILLCREST PARK 24 25 LAKE HOBART SOUTH 25 26 LAKE LUCILLE 27 NO. GREENWOOD REC/AQUATIC COMPLEX PLAYGROUND 26 28 NORTHEAST COACHMAN PARK 27 29 NORTHWOOD PARK 28 30 OVERBROOK PARK 29 31 SALLS LAKE 1 & 2 30 32 SOULE ROAD PARK 31 33 SPRING LAKE PARK 32 34 STATE STREET PARK 35 STATION SQUARE PARK Attachment number 1 Page 2 of 5 Ordinance No. 8059-09 33 36 SUNSET POINT ROAD PLAYFIELD 34 37 TERRACE LAKE 35 38 TOWN PLACE PARK 36 NO. GREENWOOD REC/AQUATIC COMPLEX PLAYGROUND 37 CHERRY HARRIS PARK 38 STATION SQUARE PARK 2. CLOSED FROM 9:00 PM UNTIL 6:00 AM: 38 39 COACHMAN PARK 39 40 COURTNEY CAMPBELL RECREATION AREA 40 41 COUNTRYSIDE LIBRARY PLAYGROUND 41 42 MAGNOLIA STREET DOCK 42 43 MEMORIAL PARKS 1 & 2 43 44 MORNINGSIDE RECREATION COMPLEX 44 45 NO. GREENWOOD REC. & AQUATIC COMPLEX 45 46 PROSPECT LAKE PARK 46 47 ROSS NORTON COMPLEX & ED WRIGHT PARK 47 STATION SQUARE PARK 48 TURNER STREET DOCK 49 WOOD VALLEY RECREATION CENTER 3. CLOSED FROM 10:00 PM UNTIL 6:00 AM: 50 BAYFRONT TENNIS COMPLEX 51 BELMONT PARK 52 CLW. BEACH FAMILY AQUATIC & REC. CMPLX. 53 COACHMAN RIDGE PARK 54 COUNTRYSIDE COMMUNITY PARK 55 DEL ORO PARK (Trail: Sunrise to Sunset) 56 FRANK TACK PARK 57 MARYMONT PARK 58 MONTCLAIR PARK 59 PLAZA PARK Attachment number 1 Page 3 of 5 Ordinance No. 8059-09 60 SID LICKTON PARK & FRED COURNOYER CT. 61 SUNSET SAM PARK AT ISLAND ESTATES 62 U.S. 19 SOCCER PRACTICE FIELDS 63 VALENCIA PARK 4. CLOSED FROM 11:00 PM UNTIL 6:00 AM: 64 CREST LAKE PARK 65 EDGEWATER DRIVE PARK 66 FOREST RUN PARK 67 JOE DIMAGGIO COMPLEX 68 LONG CENTER 69 MANDALAY PARK 70 McKAY PLAYFIELD 71 PIER 60 PARK 72 WOODGATE PARK 5. OPEN 24 HOURS PER DAY: 73 CLEARWATER BEACH 74 MEMORIAL CAUSEWAY 75 SAND KEY BAYSIDE PARK 76 SEMINOLE DOCKS 6. OPEN FOR SCHEDULED PROGRAMMING ONLY: 77 CARPENTER FIELD 78 COOPERS POINT NATURE PARK 79 COUNTRYSIDE SPORTS COMPLEX 80 DAVID MARTIN SOCCER FIELDS 81 E. C. MOORE COMPLEX (1-79) 82 HENRY L. MCMULLEN TENNIS COMPLEX 83 LAWN BOWLS & SHUFFLEBOARD COMPLEX 84 MISSOURI AVE. (DOT) 85 MOCCASIN LAKE NATURE PARK 86 PHILLIP JONES PARK Attachment number 1 Page 4 of 5 Ordinance No. 8059-09 CITY OWNED PROPERTIES- LEASED TO OTHERS (Hours of operation established by Lessee): 87 BRIGHTHOUSE NETWORK FIELD 88 CHI-CHI RODRIGUEZ GOLF COURSE 89 CLEARWATER COUNTRY CLUB 90 CLEARWATER EXECUTIVE GOLF COURSE 91 HARBORVIEW CENTER 92 HOLT AVE. PROPERTY 93 JACK RUSSELL STADIUM 94 KINGS HIGHWAY RECREATION CENTER 95 MARTIN LUTHER KING RECREATION CENTER 96 PERFORMING ART CENTER & THEATER (PACT) 97 SAILING CENTER * * * Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ________________________ __________________________ Laura Mahony Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 5 of 5 Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Approve joining with multiple cities and counties to present a common defense and share the cost of outside counsel to defend Addison v. City of Tampa Class Action suit. SUMMARY: Addison is a class action originally filed in 2003 in Circuit Court in Hillsborough County. It has been brought by two attorneys as representatives of the class of all Florida lawyers who pay a county or municipal license tax against the defendant class of all Florida counties and municipalities that charge such a tax. The object of the suit is to invalidate the ordinances that impose the taxes and collect a refund of all taxes paid, effective back to four years before the suit was filed. A class of defendants that includes the City of Clearwater has been certified by the trial and affirmed by the court of appeals. The issue of whether purported defendants can “opt-out,” i.e., be removed as a defendant, is presently before the trial court. Even if we are given the ability to opt-out, however, we face the distinct possibility of being bound by whatever decision is reached in Addison. Discussion among several municipalities and counties has presented the opportunity of joining forces and presenting a common defense. Those joining would share the cost of hiring counsel from the firm of Holland & Knight to appear and defend our interests in the circuit court in Tampa. The cost for each participant is not expected to exceed $5-10,000 to fund the litigation through summary judgment. Should the plaintiffs prevail, the City could face the prospect of refunding nearly $400,000 (and considerably more if prejudgment interest is allowed) and losing the $37,230 in business taxes it collects from 292 attorneys each year. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: Current Year Cost:$10,000 Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year:10012008 to 09302009 Appropriation Code Amount Appropriation Comment 010-09600-530100-514-000 $10,000 Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:Sole Source Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Approve a settlement in the case of Rosilenne Jones v. City of Clearwater, Case 8:08-cv-00702-T-23TGW. (consent) SUMMARY: Action was brought against the City for injuries to the plaintiff, Rosilenne Jones, resulting from an incident involving an arrest by Clearwater police officers. The parties participated in mediation, per Court order, on February 19, 2009. The proposed settlement provides for a cash payment of $50,000.00 to the plaintiff in exchange for a full release from all liability. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: Current Year Cost:$50,000.00 Annual Operating Cost: Not to Exceed:Total Cost:$50,000.00 For Fiscal Year:10/01/08 to 09/30/09 Appropriation Code Amount Appropriation Comment 590-07000-545900-519000 $50,000.00 Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:None Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: No Item SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Environmental Advisory Board recommendation regarding protection of shore birds SUMMARY: Review Approval:1) Clerk Cover Memo Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: EMS and Fire Service Contracts (WSO) SUMMARY: Review Approval:1) Clerk Cover Memo Attachment number 1 Page 1 of 14 Attachment number 1 Page 2 of 14 Attachment number 1 Page 3 of 14 Attachment number 1 Page 4 of 14 Attachment number 1 Page 5 of 14 Attachment number 1 Page 6 of 14 Attachment number 1 Page 7 of 14 Attachment number 1 Page 8 of 14 Attachment number 1 Page 9 of 14 Attachment number 1 Page 10 of 14 Attachment number 1 Page 11 of 14 Attachment number 1 Page 12 of 14 Attachment number 1 Page 13 of 14 Attachment number 1 Page 14 of 14 EMS Presentation March 16, 2009 Board of County Commissioners •BOCC plans to keep EMS millage @ .58 (1.5 cap)millage @ .58 (1.5 cap) •Estimate $18.6M shortfall •$12.5M requires .80 EMS mil •Increase $33 on $200K home Pinellas County Budget •$18.6M EMS FY 2009-10 estimated total budget shortfall –$9M affecting first responders (cities)–$9M affecting first responders (cities) –$6M increase ambulance revenues –$2.8M cut in ambulance services –$680K county cuts Pinellas County Proposal •Resolution eliminates funding for 2 rescue units; funds 2 ALS engine upgradesengine upgrades –R46 & R50 lowest call volume –Convert 2 BLS engines to ALS –Shifts some cost to city County EMS Resolution •Codifies service level •Codifies customary & reasonable cost standards Rescue 46 & 50 •Eliminate low service call units –R46 is beach –R50 is northeast district •8.6 FTE’s impacted –7.6 Fire Medics –1.0 staff support –3.0 LRs unresolved Rescue 46 & 50 •Rescue 46 considerations –Beach traffic –Getting off the beach –Sunstar’s response times •Rescue 50 considerations –Only transport in northeast county –Elderly population Cost Impact •Current Revenue $5.4M •Cuts 8.6 FTEs and $794K funds•Cuts 8.6 FTEs and $794K funds –7.6 Medics, Vehicle Costs $744K –1.0 Support FTE$ 50K Council Response Options A.Do nothing/make budget adjustments and city funds unitsadjustments and city funds units B.Request BOCC to restore EMS funding for rescue units and/or oppose resolutions C.Cut units & adjust staffing through attrition EMS Presentation March 16, 2009 Current Resources •Station 441 ALS Engine •Station 451 ALS Eng, 1 Rescue, 1 TR •Station 461 BLS Eng, 1 Rescue •Station 47 1 BLS Eng, 1 Rescue•Station 47 1 BLS Eng, 1 Rescue •Station 481 ALS Eng, 1 Rescue, 1 TR •Station 491 ALS Eng, 1 Rescue, 1 SQ •Station 501 BLS Eng, 1 Rescue •Station 511 ALS Engine Service Calls •2007 –EMS Calls:18,154 –Fire & Other Related Calls:6,473 •2008•2008 –EMS Calls:18,580 –Fire and Other Related Calls:6,029 •2009 –EMS Calls:3,540 –Fire and Other Related Calls:1,185 Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service James Keller Fire Laura Tearney Public Communications 15 Years of Service Daniel Rozzi Police Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: March is National Nutrition Month Proclamation SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:3/16/2009 SUBJECT / RECOMMENDATION: Clearwater Housing Authority Quarterly Update - Bob Audi, Chairman SUMMARY: Review Approval:1) Clerk Cover Memo